Planning Commission Agenda 04-03-2012
REGULAR MEETING
MONTICELLO PLANNING COMMISSION
Tuesday, April 3rd, 2012
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, William Spartz, and
Barry Voight
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman - NAC
1. Call to order.
2. Consideration to approve Planning Commission minutes.
a. Regular Meeting of March 6th, 2012
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. Public Hearing – Consideration to approve a Conditional Use Permit for an attached Major
Accessory Structure in an R-1 (Single-Family) District.
Legal Description: Lot 7, Block 1, River Forest - 9747 River Forest Drive
Applicant: Curtis, Greg
6. Public Hearing – Consideration to approve a Conditional Use Permit for a detached
Major Accessory Structure in an R-4 (Manufactured Home Park) District.
Legal Description: Lengthy Legal – 1000 Kjellberg’s Manufactured Home Park, East
Applicant: Kjellberg, Kent
7. Consideration to adopt Ordinance #545, repealing Chapter 27 of the Monticello Zoning
Ordinance Regulating the Management of the Mississippi Wild, Scenic, and Recreational
River System and the Shoreland Areas of the City of Monticello and adopting
amendments to Monticello Zoning Ordinance Chapter 3, Section 7, Overlay Ordinances
regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland
District, and Chapter 8, Section 4, Definitions.
Applicant: City of Monticello
8. Community Development Director’s Report
9. Adjourn.
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, March 6, 2012 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, Barry Voight, and
William Spartz
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC
1. Call to order
Commissioner Dragsten called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of February 21st, 2012
BRAD FYLE MOVED TO APPROVE THE MINUTES OF FEBRUARY 21, 2012 AS
AMENDED. MOTION WAS SECONDED WILLIAM SPARTZ. MOTION CARRIED
5-0.
3. Citizen Comments None
4. Consideration of adding items to the agenda None
5. Continued Public Hearing – Consideration to amend Monticello Zoning Ordinance,
Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and
Recreational River System and the Shoreland Areas of the City of Monticello and
Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay
Ordinances regulating the Mississippi Wild, Scenic & Recreational River District
and the Shoreland District
As part of the 2011 Zoning Ordinance amendment process, the City began the revision of
existing Mississippi Wild, Scenic & Recreational regulations and the drafting of new
Shoreland ordinances. State regulations require that the Department of Natural Resources
(DNR) review and certify the Shoreland and Wild & Scenic provisions of the Zoning
Ordinance.
The Planning Commission recently reviewed the Mississippi Wild, Scenic and
Recreational River District ordinance. The current ordinance for the MWSRR, Chapter
27 of the Zoning Ordinance, is a combination of regulations pertaining to both the Wild
& Scenic provisions and Shoreland areas. The proposed ordinances now separate the two
areas as required by statute and DNR recommendations.
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2
State statutes require that local governmental units adopt their own land use controls to
provide for the orderly development and protection of Minnesota's rivers and lakes.
Monticello’s portion of the Mississippi River has been defined by the State as
“Recreational”. The City is required to adopt local regulations consistent with standards
for “Recreational” river areas. The Mississippi River is essentially governed by the
MWSRR ordinances, while any “public waters” as classified by the DNR will be
governed primarily by the Shoreland ordinances.
The proposed Shoreland ordinance includes the following:
Procedure for permitting and review in Shoreland areas
o Planned Unit Developments are subject to the review and comment of the
DNR
Shoreland classifications, both lake and river/streams
o Classifications are completed by the DNR
Allowable uses via City’s use table (Chapter 5), in accordance with MN Rules
o It should be noted that commercial and industrial uses are allowed as
either conditional or permitted uses in “General Use” districts. Staff is
seeking confirmation from the DNR on whether the City’s specific zoning
district classifications should be enumerated within the code (B, I and
CCD districts, for example). Staff is also seeking clarification on
minimum lot standards for such uses.
Minimum standards for lots, including area and setbacks
o Commission will note that the lot area is generally consistent with the
ranges provided for the R-A and R-1 districts, with larger area
requirements and setback requirements for sewered lakeshore properties
within the shoreland district and larger lot area and width requirements for
unsewered non-lakeshore properties.
o Both sewered and unsewered provisions are included, as there may be
cases in which recently annexed properties with private systems require
development require under these regulations.
Regulations for shoreland alterations, including grading
Standards for public infrastructure
o The standards provide flexibility for the City to site such facilities with
appropriate attention to mitigation measures and prevention of erosion.
Stormwater management
o Currently, the ordinance sets a maximum impervious surface requirement
of 25%. Staff has questioned this baseline for possible increase.
Barry Voight asked that the City include definitions for “Wild and Scenic” and
“Recreational” as well as definitions for river classes in the ordinance. Staff agreed to add
these to the ordinance within Chapter 8.
William Spartz asked what type of waterways would be considered storm water. Staff
noted that there are separate design specifications for City storm water retention ponds.
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The City protects storm water through establishing conservation easements over drainage
and utility easements. Staff will also make available a conservation easement sample for
review.
Staff agreed to check with the DNR about how public water is identified as well as to ask
about the process for classification of public waters. Staff indicated that it would also be
useful to find out how often the DNR reclassifies public waters and how that
determination is made.
Rod Dragsten asked about regulations for future development along the river. Staff
pointed out that such development would have to comply with Wild and Scenic
regulations and noted that lakeshore lots and river lots have different compliance
provisions. New river lots are required to be two acres. Staff will check with the DNR to
determine if state rule trumps the municipal zoning ordinance as it relates to the
rebuilding of a damaged structure.
Rod Dragsten also asked if the City has any authority to determine these types of
regulations or if local government is always trumped by DNR rules. The City is required
to follow the state rules base standards but can seek flexibility through a variance and
review process. The City retains rights for municipal review for conditional use/permitted
use variance. The DNR no longer has the ability to formally comment on a variance.
The Planning Commission determined that it would be useful to conduct a final review of
the ordinance after further clarifications have been made. A clean version of the
ordinance is to be made available at the next meeting.
The public hearing was opened. Hearing no comment, the public hearing was closed.
WILLIAM SPARTZ MOVED TO TABLE ACTION ON THE AMENDMENT UNTIL
APRIL 3, 2012 TO ALLOW FOR ADDITIONAL REVIEW AND CLARIFICATION.
MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5-0.
6. Public Hearing – Consideration of a request for Rezoning from I-2 (Heavy
Industrial) to B-2 (Limited Business) for 100 Chelsea Road. Applicant: Quarry
Community Church (Planning Case #: 2012-002)
Quarry Church requested that the property located at 100 Chelsea Road be rezoned from
I-2, Heavy Industrial to B-2, Limited Business. The applicants proposed to occupy the
property with church administrative offices in the near term, eventually moving their
worship and other activities to property over time. Both offices and “Places of Public
Assembly” such as church worship centers are permitted uses in the B-2 District.
Requirements for Zoning Amendments
Chapter 2.4 B (5) Approval Criteria
Recommendations and decisions on zoning amendments shall be based on consideration
Planning Commission Minutes – 03/06/12
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of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or map; or
(b) Whether the proposed amendment addresses needs arising from a changing condition,
trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the Comprehensive Plan.
This application addresses approval criteria b and c required for zoning amendment.
The proposed rezoning to commercial (“Places to Shop”) is consistent with the guiding
principles of the Comprehensive Plan. The amendment would accommodate the proposed
future use of the property. The proposed B-2 zoning district requirements can be met on
the property by the uses in that district and the amendment would result in a zoning
pattern that reflects the intent and direction of the Comprehensive Plan.
Staff reported that the Industrial and Economic Development Committee (IEDC)
recommended that the Planning Commission deny the rezoning request in a 6-0 vote with
four abstentions. That recommendation was based upon the concern about the loss of
industrial land and the potential for future conflict between heavier industrial users and a
commercial user in that location. Staff noted that the all base zoning requirements related
to issues such as noise, dust, buffer standards and parking would still apply.
Charlotte Gabler asked if rezoning would affect the adult use percentage requirement.
Staff indicated that the parcel is outside of that boundary line. She also asked if there
were other properties available to designate as industrial should this parcel be rezoned.
Staff stated that the city has available vacant parcels already zoned industrial.
The public hearing was opened.
Staff noted that questions should focus on whether or not the property is correctly zoned.
Applicant Michael Gross, pastor of Quarry Church, responded to questions from the
Planning Commission.
Rod Dragsten confirmed with the applicant that Quarry Church didn’t have any concerns
with the proposed location. Staff clarified that the property owner would be responsible
for providing landscaping requirements including a high level buffer for the parcel during
site plan review for the eventual build out of the church. The applicant noted that master
plan for the property was being developed but a timeline for the project had not yet been
identified. Quarry Church would like to build a building on the property within the next
five years.
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Wayne Elam, representing Quarry Church, the buyer, responded to questions. He
reminded the Planning Commission that the applicant had previously requested rezoning
of the old bowling alley property but financial issues had caused the applicant to look for
another site. He pointed out that the other three properties at the intersection of Chelsea
and Edmundson are zoned commercial as also guided by the Comprehensive Plan.
Brad Fyle said that he would not like to see a reduction in industrial zoning.
Rod Dragsten noted that the Comprehensive Plan does include a large area of vacant land
in the western part of the City designated for future industrial use.
Hearing no further comment, the public hearing was closed.
BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012-23
RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING
ORDINANCE AMENDMENT REZONING THE SUBJECT PROPERTY FROM I-2,
HEAVY INDUSTRIAL, TO B-2, LIMITED BUSINESS, BASED ON FINDINGS OF
FACT IN SAID RESOLUTION. MOTION WAS SECONDED BY CHARLOTTE
GABLER. MOTION CARRIED 3-2 WITH BRAD FYLE AND WILLIAM
SPARTZ VOTING IN OPPOSITION.
7. Community Development Director’s Report
The overall number of foreclosures in the county is declining. The vacant lots in Carlisle
Village, Sunset Ponds and Hunters Crossing account for many of the foreclosures.
Several developers have recently contacted the City interested in townhome
development. Rod Dragsten noted that there seems to be a demand for townhomes in
other communities as well.
8. Adjourn
WILLIAM SPARTZ MOVED TO ADJOURN THE MEETING AT 6:57 PM. MOTION
WAS SECONDED BY BRAD FYLE. MOTION CARRIED 5-0.
Recorder: Kerry T. Burri __
Approved: April 3, 2012
Attest: ___________________________________________
Angela Schumann, Community Development Director
Planning Commission Agenda — 4/03/12
5. Public Hearing — Consideration to approve a Conditional Use Permit for an attached
Maior Accessory Structure in an R-1 (Single -Family) District. Applicant: Curtis,
Greg (AS)
Property: Legal: Lot 7, Block 1, River Forest
Address: 9747 River Forest Drive
Planning Case Number: 2012-008
A. REFERENCE & BACKGROUND
Request(s): Conditional Use Permit for Major Accessory Structure
Deadline for Decision: April 30th, 2012 (60 days)
Land Use Designation: "Places to Live"
Zoning Designation: R-1, Single -Family Residential
The purpose of the "R-1" single family district is to
provide for low density, single family, detached
residential dwelling units and directly related
complementary uses.
Current Site Use: Single-family home, 23,816 square foot residential lot
Surrounding Land Uses:
North: Single-family residential, zoned R-1
East: Single-family residential, zoned R-1
South: Single-family residential, zoned R-1
West: Single-family residential, zoned R-1
Project Description: Conditional Use Permit to allow the construction of an
expansion to an existing attached accessory structure
ANALYSIS
Greg Curtis is requesting approval of a Conditional Use Permit to allow for an
expansion to an existing attached accessory structure at his property located at 9747
River Forest Drive, in the River Forest neighborhood.
The applicant's existing attached accessory structure is a 484 square foot two -stall
garage. There is also an existing 672 square feet detached garage located in the rear
yard of the property.
Planning Commission Agenda — 4/03/12
The applicant is proposing to add a third stall to the existing two -stall garage. The
proposed footprint of the expansion area is 200 square feet (10' x 20'). This addition
would result in 1,356 square feet in total footprint area for accessory structures on the
property.
Zoning Ordinance Requirements
The Zoning Ordinance permits a total of up to 1,200 square feet of garage space as
permitted accessory space for an R-1 Single Family home. In addition, no accessory
building can exceed more than 10% of the rear yard area, and may not exceed the
gross square footage of the principal building's footprint. However, these standards
may be exceeded, up to 1,500 square feet of total area, with a Conditional Use Permit
meeting the following conditions:
a. Accessory building space is to be utilized solely for the storage of residential
personal property of the occupant of the principal dwelling, and no accessory
building space is to be utilized for commercial purposes.
Staff comment: The applicant's narrative indicates purpose and intent to
comply. It is noted that a bonus room above the garage is included within the
expansion proposed. The bonus room does not impact the request in terms of
footprint area of accessory structures, as the space will actually become part
of the principal use area.
b. The parcel on which the accessory building is to be located is of sufficient size
such that the building will not crowd the open space on the lot.
Staff comment: The property is over one-half acre in size. The proposed
expansion will create a total built footprint area of 2,516 square feet, or just
over 10% of the total lot area. Therefore, the lot area is more than adequate to
support the proposed expansion.
c. The accessory building will not be so large as to have an adverse effect on the
architectural character or reasonable residential use of the surrounding
property.
Staff comment: The applicant has provided an illustration of the proposed
addition. The addition is consistent with the surrounding properties, which
each have third -stall attached garages. The proposed expansion to the existing
accessory structure also complies with code requirements for setback. The
code requires a 6' setback on the garage side; the applicant is proposing an
approximately 12' setback.
N
Planning Commission Agenda — 4/03/12
The applicant has indicated both within the narrative and on the survey
drawing that it is their intent to expand the driveway concurrent with this
structural expansion.
The applicant will be required to comply with ordinance requirements
pertaining to driveway setback (3'), surfacing, maximum curb cut, and other
off-street parking requirements. The driveway expansion will be reviewed
with the building permit application to ensure compliance.
d. The accessory buildings shall be constructed to be similar to the principal
building in architectural style and building materials.
Staff comment: The applicant's narrative indicates that the addition will be
constructed consistent with the existing home in terms of style and materials.
The applicant intends to match siding, trim and brick and has provided
samples of each. The applicant has also provided details related to proposed
landscaping.
The application meets all other requirements for accessory structures as found in
ordinance sections 5.3(B), General Standards and Limitations for Accessory Uses and
Structures. It should be noted that the existing detached structure also complies with
all code requirements related to setback and 10% threshold.
B. ALTERNATIVE ACTIONS
Motion to adopt Resolution 2012-032, recommending approval of the Conditional
Use Permit for Major Accessory Structure, with conditions as noted in Exhibit Z.
2. Motion to deny adoption of Resolution 2012-032 for approval of a Conditional
Use Permit, based on a finding to be made by the Planning Commission.
C. STAFF RECOMMENDATION
Staff recommends approval of the CUP, based on findings that the building will meet
both the intent and the specific standards of the zoning ordinance. The parcel is of
adequate size to support the proposed expansion and the proposed expansion is
consistent with both the existing structure and the architecture of adjacent homes.
3
Planning Commission Agenda 4/03/12
D. SUPPORTING DATA
A. Exhibit Z — Conditions of Approval
B. Resolution 2012-032
C. Site Location Map
D. Applicant Narrative
E. Site Survey
F. Proposed Exterior Elevations - Front
G. Site Images
EXHIBIT Z
Lot 7, Block 1, River Forest — Major Accessory Structure CUP
The use of the accessory structure shall be to directly serve the principal use and must
comply with ordinance requirements pertaining to private garages.
The applicant will be required to comply with ordinance requirements pertaining to driveway
setback, surfacing, maximum curb cut, and other off-street parking requirements.
Issues related to grading and drainage shall be subject to review and comment by the City
Engineer.
L!
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012 –032
Date: April 3rd, 2012 Resolution No. 2012-032
Motion By: Seconded By:
A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT FOR A MAJOR ACCESSORY STRUCTURE IN AN R-1 DISTRICT
WHEREAS, Greg Curtis has requested an Conditional Use Permit for a Major Accessory Use at
the property legally described as Lot 7, Block 1, River Forest, which is located in an R-1 District;
and
WHEREAS, the Planning Commission has reviewed the application for Conditional Use Permit
for Conditional Use Permit pursuant to the regulations of the Monticello Zoning Ordinance; and
WHEREAS, the Planning Commission held a public hearing on April 6th, 2012 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following Findings
of Fact in relation to the recommendation of approval:
1. The application is consistent with the 2008 Monticello Comprehensive Plan for Places to
Live.
2. The proposed accessory building expansion will meet both the intent and the specific
standards of the zoning ordinance.
3. The parcel is of adequate size to support the proposed accessory building expansion.
4. The proposed accessory building expansion is consistent with both the existing structure
and the architecture of adjacent homes.
5. The proposed use is not expected to diminish or impair property values in the vicinity of
the site.
6. The use is not expected to be detrimental to the health, safety, morals or welfare of
persons residing near the use.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
1. Pursuant to Minn. Stat. §462.357, the application for Conditional Use Permit for Major
Accessory Structure in an R-1 (Single-Family Residential) District is hereby
recommended to the City Council for approval.
2. The recommendation for approval is subject to those Conditions as follows:
a) The use of the accessory structure shall be to directly serve the principal use and must
comply with ordinance requirements pertaining to private garages.
b) The applicant will be required to comply with ordinance requirements pertaining to
driveway setback, surfacing, maximum curb cut, and other off-street parking
requirements.
c) Issues related to grading and drainage shall be subject to review and comment by the
City Engineer.
ADOPTED this 3rd day of April 2012, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Rod Dragsten, Chair
ATTEST:
______________________________
Jeff O’Neill, City Administrator
Planning Commission Agenda – 4/03/12
1
6. Consideration of a request for an amendment to a Conditional Use Permit to
expand a storage facility accessory to a mobile home park in the M-H,
Manufactured Home Park zoning district. Applicant: Kjellberg’s Inc. (NAC)
Property: 1000 Kjellberg East Mobile Home Park
The site is located in the midst of the mobile home park
east of Highway 25, surrounding by mobile homes, and
contiguous to two existing storage garage buildings that
serve residents of the park.
Planning Case Number: 2012 - 009
A. REFERENCE & BACKGROUND
Request(s): Conditional Use Permit to construct an accessory storage
garage building.
Deadline for Decision: May 4, 2012
Land Use Designation: Places to Live
Zoning Designation: M-H, Mobile Home
The purpose of the “M-H” manufactured home park district is
to provide for manufactured home users and directly related
uses.
Current Site Use: Current site use is open storage in an existing mobile home
park.
Surrounding Land Uses:
North: Commercial strip center and Wal-Mart (north of power line
easement)
East: Single Family Residential
South: Agricultural (guided for residential and
commercial/industrial uses
West: Manufactured Home Park (across TH 25)
Planning Commission Agenda – 4/03/12
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Project Description:
The applicant seeks to construct an addition to existing accessory storage garages with a
new building of approximately 100 feet by 24 feet (10 bays). The building would be
attached to an existing storage building which is constructed of galvanized, corrugated
steel and shows significant signs of wear and deterioration. The new addition would
mirror a building constructed in 2005. Materials for the building consist of metal exterior
walls and roofing around a wood frame construction.
ANALYSIS
Ordinance Requirements:
Conditional Use Permit Requirements.
In the M-H Disrict, accessory storage garages are allowed by Conditional Use Permit,
subject to the following requirements:
(b) In the M-H district, the following shall apply:
(i) Accessory storage buildings in manufactured home parks, if not reviewed
and approved as part of a PUD, shall be conditionally permitted subject to
the following additional requirements:
1. The storage building and any accompanying outdoor storage area
shall be for the sole use of the residents of the manufactured home
park and shall not be used by non-residents.
2. Accompanying outdoor storage areas shall be fully screened from
surrounding manufactured home units and adjacent properties.
With regard to use, the applicant indicates that the new structure will be solely for the use
of residents of the park, and is intended to satisfy a waiting list for such storage. The
building will replace existing outdoor storage, and as such, would be more conforming to
the code that the existing condition.
The applicant’s plans do not indicate any additional lighting to be included with the new
building. If lighting is eventually added, it must be constructed in such a way that it does
not impact neighboring residences with either direct glare or glow.
Other Issues.
Manufactured Home Parks are allowed under a series of regulations relating to the
development and operational aspects of the park. One of these requirements, a reflection
of state law, relates to emergency shelter. The current ordinance requires that such
shelters be established on-site, however, state law permits an evacuation plan approved
Planning Commission Agenda – 4/03/12
3
by the City’s emergency services manager or building official. There is no on-site
shelter, and as such, the City should verify that the park can provide adequate emergency
evacuation in accordance with state and local regulations.
B. ALTERNATIVE ACTIONS
Decision 1: Resolution of Recommendation for
1. Motion to approve Resolution 2012 – 033 recommending approval of the
Conditional Use Permit for a 10-bay accessory storage garage as proposed in the
application of March 5, 2012, contingent on compliance with those conditions
specified in Exhibit Z.
2. Motion to deny Resolution 2012 – 033 recommending a Conditional Use Permit
for accessory storage garage, based on findings to be made by the Planning
Commission.
3. Motion to table action on the request, pending additional information as identified
by the Planning Commission and staff report.
C. STAFF RECOMMNDATION
Subject to the conditions listed in Exhibit Z, staff recommends approval of the
Conditional Use Permit as presented. The additional building area meets the nominal
terms of the ordinance, and reduces the amount of outdoor storage on the site by
replacing a current outdoor storage area with building space.
D. SUPPORTING DATA
A. Exhibit Z – Conditions of Approval
B. Resolution 2012-33
C. Aerial Image
D. Applicant Narrative
E. Site Images
F. Building Elevations
G. Grading and Drainage Plan
Planning Commission Agenda – 4/03/12
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Exhibit Z – Conditions of Approval
Conditional Use Permit for Accessory Storage Garage Building
Kjellberg East Mobile Home Park
1. The City verifies the existence of an emergency evacuation plan meeting the
requirements of state and local regulations, or the City approves a new plan to be
proposed by the applicant.
2. If lighting is to be added, the applicant light the area in such a way as to ensure that no
light glare or glow impacts neighboring residents.
3. No outdoor storage is approved as a part of this CUP, and as indicated by the applicant,
existing outdoor storage will be removed as a result of the construction of this building.
If any existing outdoor storage is to be relocated, a separate CUP is required pursuant to
the requirements of the zoning ordinance.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012 –033
Date: April 3rd, 2012 Resolution No. 2012-033
Motion By: Seconded By:
A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT FOR A MAJOR ACCESSORY STRUCTURE IN AN R-4 DISTRICT
WHEREAS, Kjellberg’s, Inc. has requested an amendment to Conditional Use Permit for a
Major Accessory Use at the property which is legally described in Exhibit A, which is located in
an R-4 District; and
WHEREAS, the Planning Commission has reviewed the application for Conditional Use Permit
for Conditional Use Permit pursuant to the regulations of the Monticello Zoning Ordinance; and
WHEREAS, the Planning Commission held a public hearing on April 3rd, 2012 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following Findings
of Fact in relation to the recommendation of approval:
1. The application is consistent with the 2008 Monticello Comprehensive Plan for Places to
Live.
2. The proposed accessory building expansion will meet both the intent and the specific
standards of the zoning ordinance.
3. The parcel is of adequate size to support the proposed accessory building expansion.
4. The proposed structure reduces the outdoor storage on the site by replacing a current
outdoor storage area with building space.
5. The use is not expected to be detrimental to the health, safety, morals or welfare of
persons residing near the use.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
1. Pursuant to Minn. Stat. §462.357, the application for Conditional Use Permit for Major
Accessory Structure in an R-4 (Manufactured Home Park) District is hereby
recommended to the City Council for approval.
2. The recommendation for approval is subject to those Conditions as follows:
a. The City verifies the existence of an emergency evacuation plan meeting the
requirements of state and local regulations, or the City approves a new plan to be
proposed by the applicant.
b. If lighting is to be added, the applicant light the area in such a way as to ensure
that no light glare or glow impacts neighboring residents.
c. No outdoor storage is approved as a part of this CUP, and as indicated by the
applicant, existing outdoor storage will be removed as a result of the construction
of this building. If any existing outdoor storage is to be relocated, a separate CUP
is required pursuant to the requirements of the zoning ordinance.
ADOPTED this 3rd day of April 2012, by the Planning Commission of the City of
Monticello, Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Rod Dragsten, Chair
ATTEST:
______________________________
Jeff O’Neill, City Administrator
Planning Commission Agenda- 04/06/12
1
7. Consideration to adopt Ordinance #545, repealing Chapter 27 of the Monticello
Zoning Ordinance Regulating the Management of the Mississippi Wild, Scenic, and
Recreational River System and the Shoreland Areas of the City of Monticello and
adopting amendments to Monticello Zoning Ordinance Chapter 3, Section 7,
Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River
District and the Shoreland District, and Chapter 8, Section 4, Definitions.
Applicant: City of Monticello. (AS)
A. REFERENCE & BACKGROUND
At the last Planning Commission meeting, additional clarification was requested on
the following components of the Shoreland and Mississippi Wild, Scenic and
Recreational River ordinances, prior to their recommendation for adoption.
Minimum standards for commercial/industrial lots (Shoreland): Local DNR
representative Roger Stradal has indicated that the DNR’s recommended
standards for commercial and industrial development are contained within a
template ordinance, but there are no specific State Rules standards for such
properties. Mr. Stradal noted that the use table also provides much of the
guidance needed, allowing commercial or industrial uses as either conditional or
prohibited based on the classification of the lake. (For example, industrial uses
are prohibited on Natural Environment Lakes, Table 3-22 of the proposed
ordinance.)
As such, the ordinance proposed for adoption refers to minimum lot standards as
outlined within the base district in the existing ordinance (Section3.7(F) 5(c)(i)).
Designation process for public waters: Planner Steve Grittman indicated that
the designation of new public waters is not necessarily a regularly occurring
DNR process, as all “public waters” have been mapped and inventoried.
These inventoried/mapped areas include both Minnesota’s lakes and wetlands.
Lakes are shown with a “P” on the Monticello area map, and wetlands are
marked with a “W” on the map. However, as new wetlands are created for
banking or other purposes, they may be added to the DNR’s public waters
inventory through consultation with the Soil and Water Conservation District
and local DNR office.
Rebuilding of structures within Shoreland or MWSRR: Planner Grittman has
noted that Shoreland lots are treated differently by the State statutes from non-
shoreland lots in terms of the ability for property owners to rebuild to the
previously existing condition after significant damage. The City “may” allow
rebuilding on non-conforming lots in the shoreland area, provided such rebuilding
meets ordinance setback and impervious surface requirements. If unable to meet
those requirements, variances would be required, which would allow the City to
consider additional related performance standards. DNR representative Roger
Stradal confirmed this information.
Homes or structures within a designated Floodplain (a separately regulated
district) are exempt from the above and in fact, rebuilding is prohibited within
those districts.
In addition to the above clarifications, it was also requested that the definitions for
the types of river systems classified within the Shoreland ordinance be added to the
Chapter 8 Definitions. That has been completed with this version of the ordinance.
In the discussions regarding the role of the Shoreland and MWSRR in protecting
shoreland and water areas, the Commission sought additional information on other
City controls, such as drainage and utility easement and conservation easement
documents. A sample of each is provided as supporting data with this report.
Drainage and utility easements (commonly referred to as D & U easements)
are used to protect existing and developed stormwater drainage patterns. In
many cases, these drainage ways are critical to managing the increased rate
and volume of water run-off created with new impervious surfaces. The D &
U easement may be in place over a “public water” wetland, such as the
Groveland pond, or a dry swale area. All newly subdivided or platted
properties are also required to have perimeter drainage and utility easements.
Conservation easements may occur separately, or in tandem with, drainage
and utility easements. The easements protect both stormwater facilities and
naturally occurring wetlands. The City has developed a specific vegetative
cover for these areas to aid in filtration and water management, as well as
maintenance. Conservation easements were developed for situations in which
it is important that the vegetative cover remain undisturbed by mowing or
structures. An informational handout developed by the City for property
owners adjacent to these areas is also attached.
B. ALTERNATIVE ACTIONS
1. Motion to adopt resolution 2012-022, recommending approval of Ordinance
#545, for adoption of Title 10, Chapter 3, Section 7 (E), Mississippi Wild, Scenic,
and Recreational River System, Chapter 3, Section 7 (F), Shoreland District and
amendments to Chapter 8, Section 4, Definitions, and the repeal of Monticello
Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi
Wild, Scenic, and Recreational River System and the Shoreland Areas of the City
of Monticello.
2. Motion to deny adoption of resolution 2012-022, based on findings to be made by
the Planning Commission.
C. STAFF RECOMMENDATION
Staff recommends approval of the Mississippi Wild, Scenic & Recreational River
District and Shoreland standards as drafted, subject to clarification on two primary
standards:
The ordinances presented are based in large part on the required statutes and rules of
the State of Minnesota for public waters.
Staff’s recommendation is based on findings contained in the supporting resolution,
2012-022.
D. SUPPORTING DATA
Exhibit A: Resolution 2012-022
Exhibit B: Ordinance #545
Exhibit C: Monticello Area Public Waters
Exhibit D: Drainage and utility easement, sample
Exhibit E: Conservation easement, sample
Exhibit F: Conservation easement information
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2012 –022
Date: March 6th, 2012 Resolution No. 2012-022
Motion By: _____________________ Seconded By: ________________________
A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE
10, MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 7 FOR THE
ADOPTION OF OVERLAY ORDINANCES REGULATING THE MISSISSIPPI WILD,
SCENIC & RECREATIONAL RIVER DISTRICT AND THE SHORELAND DISTRICT,
AND CHAPTER 8, DEFINITIONS, AND RECOMMENDING THE REPEAL OF
CHAPTER 27 REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD,
SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS
OF THE CITY OF MONTICELLO.
WHEREAS, the City of Monticello has requested an Amendment to City Code Title 10,
Monticello Zoning Ordinance, Chapter 3, Section 7 for the adoption of overlay ordinances
regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District,
and Chapter 8, Definitions; and
WHEREAS, the Planning Commission held a public hearing on February 21st, and March 6th,
2012 on the request and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following Findings
of Fact in relation to the recommendation of approval:
The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the
public health, safety, and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best interests of the
public health, safety, and welfare to provide for the wise subdivision, use and
development of shorelands of public waters.
The legislature of Minnesota has delegated responsibility to local governments of the
state to regulate the subdivision, use and development of the shorelands of public waters
and thus preserve and enhance the quality of surface waters, conserve the economic and
natural environmental values of shorelands, and provide for the wise use of waters and
related land resources.
The Shoreland District ordinance provides for the orderly development of the shoreland
and protects lakes and rivers from pollution by individual sewage treatment systems and
other non-point sources.
The Shoreland District ordinance encourages development of shorelands to enhance
water quality and preserve scenic resources.
In order to preserve and protect the Mississippi River and its adjacent land which possess
scenic, recreational, natural and historical values, the Mississippi River in the City of
Monticello has been given a recreational river classification, and lands adjacent to the
river are hereby designated by land use districts, the boundaries of which are based upon
the Mississippi River Management Plan.
The purpose of the Mississippi Wild, Scenic & Recreational River District is to protect
and preserve the scenic, recreational, natural and historical values of the Mississippi
River in the city by carefully controlling development of this river corridor consistent
with the state Wild and Scenic River Act
The Mississippi Wild, Scenic & Recreational River District ordinance will serve to
prevent damage to these exceptional rivers caused by intensive development and
recreational overuse.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota:
1. Pursuant to Minn. Stat. §462.357, the application for Amendment to Monticello Zoning
Ordinance Chapter 3, Section 7 for the adoption of Overlay Ordinances regulating the
Mississippi Wild, Scenic & Recreational River District and the Shoreland District, and
Chapter 8, Section 4, Definitions is hereby recommended to the City Council for
approval.
ADOPTED this 6th day of March, by the Planning Commission of the City of Monticello,
Minnesota.
MONTICELLO PLANNING COMMISSION
By: _______________________________
Rod Dragsten, Chair
ATTEST:
_____________________________________
Angela Schumann, Community Development Director
EXHIBIT A
Legal to be provided by property owner.
ORDINANCE NO. 545
Page 2 of 42
Section 3.7(D)(4), subsections (c) through (g) are hereby restated and incorporated herein unchanged.
Section 3.7(D)(5) through 3.7(D)(9) are hereby restated and incorporated herein unchanged.
(E) Shoreland and Wild & Scenic District
RESERVED
[NOTE: Zoning code Chapter 27 in effect prior to adoption of this chapter shall continue to be in
effect until new language is approved for inclusion in this code by the Department of Natural
Resources]
(E) Wild and Scenic Recreational River District
(1) Purpose
The purpose of this district is to protect and preserve the scenic, recreational, natural and
historical values of the Mississippi River in the city by carefully controlling development of
this river corridor consistent with the state Wild and Scenic River Act (Minn. Stats. §
103F.301 et seq.) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to 6105.0250; and as
applicable, the provision of 6120.2600 to 6120.3900.
(2) Designation of District
In order to preserve and protect the Mississippi River and its adjacent land which possess
scenic, recreational, natural and historical values, the Mississippi River in the city has been
given a recreational river classification, and lands adjacent to the river are hereby designated
by land use districts, the boundaries of which are based upon the Mississippi River
Management Plan, Minn. Rules 6105.0800--6105.0960. The provisions of Section 3.7(E)
shall apply to all lands within the jurisdiction of Monticello that are denoted on the official
zoning map as being within the Wild and Scenic Recreational River overlay district. In case
of conflict between the map and the property descriptions and boundaries in Minn. Rules
6105.0910 and 6105.0950, the latter shall prevail.
(3) District Application
The regulations and requirements imposed by the WSRR overlay district shall be in addition
to those established for the base zoning districts which jointly apply. Under the joint
application of standards, the more restrictive requirements shall apply. Any person
contemplating development in the WSRR overlay district should review the base district
requirements with the Community Development Department to determine which regulations
will apply.
ORDINANCE NO. 545
Page 3 of 42
(4) Substandard Lots
Any lot of record filed in the office of the county recorder on or before July 1, 2000, which
does not meet the dimensional requirements of this chapter may be allowed as a building site
subject to the following:
(a) Such use is permitted in the land use district.
(b) The lot was in separate ownership on the date of enactment of the ordinance from which
this chapter is derived.
(c) All sewage disposal requirements are complied with and lot requirements are complied
with to the greatest extent practical.
(d) The lot is at least 10,000 square feet in area.
(e) If in a group of two or more contiguous lots under a single ownership, any individual lot
does not meet the lot width requirements of the local regulation, such individual lot
cannot be considered as a separate parcel of land for purposes of sale or development, but
must be combined with adjacent lots under the same ownership so that the combination
of lots will equal one or more parcels of land, each meeting the lot width requirements of
the local regulation, or to the greatest extent practical.
(5) Substandard Uses
Any uses in existence on a lot of record filed in the office of the county recorder on or before
July 1, 2000, which are permitted uses in accordance with Chapter 5, but do not meet
minimum setbacks or other dimensional requirements of the ordinance are to be considered as
substandard uses. All substandard uses, except for substandard signs, shall be allowed to
continue subject to the following conditions and exceptions:
(a) Any structural alteration or addition to a substandard use which will increase the
substandard dimension(s) shall not be allowed.
(b) Substandard signs shall be gradually amortized over a period of time not to exceed five
years once amortization has been initiated by the City.
(6) Allowable Uses
The allowable uses in the WSRR overlay district shall be as allowed in Chapter 5 for the
underlying zoning classification provided the uses are in conformance with the criteria for
Urban River Class Standards in Minn. Rules 6120.3100 and 6120.3200, and with the criteria
for Recreational Rivers in 6105.0100 subpart 3.
ORDINANCE NO. 545
Page 4 of 42
(7) Conditional Uses
(a) Conditional uses allowable within the WSRR overlay district shall be reviewed under the
provisions outlined in Section 2.4(D), and interim use permits for uses or structures
within WSRR overlay district shall be reviewed under the provisions outlined in Section
2.4(E).
(b) Any structure(s) associated with a conditional use which are proposed to be located upon
slopes greater than 12 percent shall adhere to the following conditions:
(i) The structure shall be screened from view of the river and adjacent shorelands in a
manner judged acceptable by the city.
(ii) An adequate conforming sanitary sewer and water system can be established on the
site.
(iii) Appropriate erosion control measures are undertaken as determined necessary by the
city.
(iv) If applicable, vegetative and/or clear-cutting permits are obtained for the proposed
use in accordance with City ordinance.
(8) Recreational river land use subdistricts – standards, lot dimensions, setbacks, and
impervious surface requirements
(a) Areas covered
The following areas of the city are covered by this division: all areas of the wild and
scenic recreational river district within the city.
(b) Standards for lots
Lots within the WSRR overlay district shall conform to the standards in Table 3-19.
Where these standards conflict with the standards of the base zoning districts, the more
restrictive standard shall prevail.
TABLE 3-19: WILD & SCENIC LOT REQUIREMENTS
RIVER TYPE Lot Size Lot Width [1]
Wild 6 acres 300 feet
Scenic 4 acres 250 feet
Recreational 2 acres 200 feet
[1]: Lot width shall be met at both the OHW and at the required setback from the OHW in
accordance with Section8.2(B)(1)(i).
ORDINANCE NO. 545
Page 5 of 42
(c) Standards for principal structures
Principal structures within the WSRR overlay district shall conform to the standards in
Table 3-20. Where these standards conflict with the standards of the base zoning
districts, the more restrictive standard shall prevail.
TABLE 3-20: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from
all roads when a lot is bounded by two or more roadways)
- Arterial Road 70 feet
- Collector Road 70 feet
- Local Road 30 feet
- Landlocked Parcel 30 feet
Unsewered Sewered
Side yard setbacks 30 feet 30 feet
Rear yard setbacks 50 feet 30 feet
Setback from the OHW of the
Mississippi River 100 feet 150 feet
Setback from a bluff line 75 feet 75 feet
Sewer setback from the OWH 75 feet 75 feet
(d) Accessory structure setbacks
Accessory structures within the WSRR overlay district shall conform to the standards in
Table 3-21. Where these standards conflict with the standards of the base zoning
districts, the more restrictive standard shall prevail.
TABLE 3-21: WILD & SCENIC ACCESSORY STRUCTURE SETBACKS
Unsewered Sewered
Setback from the OHW of the
Mississippi River 75 feet 50 feet
Setback from a bluff line 30 feet 30 feet
(e) Impervious surface requirements
(i) Impervious surfaces on lots within the WSRR overlay district shall adhere to the
following standards:
1. Impervious surface coverage of lots must not exceed 25 percent of the lot area.
2. When constructed facilities are used for storm water management, they must be
designed and installed consistent with the field office technical guide of the local
soil and water conservation districts.
ORDINANCE NO. 545
Page 6 of 42
3. New constructed storm water outfalls to public waters must provide for filtering
or settling of suspended solids and skimming of surface debris before discharge.
(ii) The provisions of subdivision (i) above may be varied without a variance if all of the
following criteria and standards are met:
1. All structures and impervious surfaces are located on slopes less than 12 percent.
The physical alteration of slopes shall not be permitted for the purpose of
overcoming this limitation.
2. The site development is designed, implemented, and maintained using the most
applicable combination of comprehensive practices that prevent flooding,
pollutant, erosion and sedimentation problems consistent with Protecting Water
Quality in Urban Areas: Best Management Practices for Minnesota, Minnesota
Pollution Control Agency, October 1989, or as amended, which is incorporated
by reference, available at the state law library and not subject to frequent change.
3. A site development, maintenance, and inspection plan incorporating the
comprehensive practices of this section is submitted and approved by the city
prior to the issuance of an impervious surfacing permit and the plan is
implemented.
4. The city may impose additional conditions determined necessary to protect the
public health, safety, and welfare.
(9) Building Height
The following minimum requirements shall be observed in the WSRR overlay district:
(a) The maximum height of principal structures shall not exceed 25 feet.
(b) The maximum height of accessory structures shall not exceed 25 feet.
(10) Additional structure and use standards
(a) Placement of structures
Structures shall not be located on slopes greater than 12 percent except by conditional use
permit as provided for in subsection 3.7(E)(7).
(b) Maximum density
The maximum density in the WSRR overlay district shall not exceed one dwelling unit
per lot with the exception of approved accessory dwelling units.
(c) Multiple unit dwelling structures
Multiple family dwelling units shall meet the following additional standards:
(i) Each building must be set back at least 200 feet from the ordinary high water level;
ORDINANCE NO. 545
Page 7 of 42
(ii) Each building must have common sewage treatment and water systems in one
location and serve all dwelling units in the building; and
(iii) Watercraft docking facilities for each lot must be centralized in one location and
serve all dwelling units in the building (i.e. only one docking facility per lot).
(d) Stormwater management
Subject to other more restrictive limitations which may be imposed by this ordinance, the
following general and specific standards shall apply:
(i) General standards
1. When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces shall be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
2. Development shall be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon
as possible and facilities or methods used to retain sediment on the site.
3. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be used.
Preference shall be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and manmade materials and facilities.
(ii) Specific Standards
1. When constructed facilities are used for stormwater management, documentation
shall be provided by a qualified individual that they are designed and installed
consistent with the field office technical guide of the local soil and water
conservation districts.
2. New constructed stormwater outfalls to public waters shall provide for filtering
or settling of suspended solids and skimming of surface debris before discharge.
(e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, and
Forestry
(i) Standards for commercial, industrial, public, and semipublic uses
1. Surface water-oriented commercial uses and industrial, public, or semipublic
uses with similar needs for access to and use of public waters may be located on
parcels or lots with frontage on public waters. Subject to other more restrictive
limitations which may be imposed by this chapter, those uses with water-oriented
needs shall meet the following standards:
a. In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this chapter, the uses shall be designed to incorporate
topographic and vegetative screening of parking areas and structures;
ORDINANCE NO. 545
Page 8 of 42
b. Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need; and
c. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following
general standards:
i. No advertising signs or supporting facilities for signs may be placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit
issued by the county sheriff.
ii. Signs may be placed, when necessary, within the shore impact zone if
they are designed and sized to be the minimum necessary to convey
needed information. They shall only convey the location and name of
the establishment and the general types of goods or services available.
The signs shall not contain other detailed information such as product
brands and prices, shall not be located higher than ten feet above the
ground, and shall not exceed 32 square feet in size. If illuminated by
artificial lights, the lights shall be shielded or directed to prevent
illumination out across public waters; and
iii. Other outside lighting may be located within the shore impact zone or
over public waters if it is used primarily to illuminate potential safety
hazards and is shielded or otherwise directed to prevent direct
illumination out across public waters. This does not preclude use of
navigational lights.
2. Uses without water-oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level
setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
(ii) Agriculture use standards
1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore
and bluff impact zones are maintained in permanent vegetation or operated under
an approved conservation plan (resource management systems) consistent with
the field office technical guides of the local soil and water conservation districts
or the natural resources conservation service, as provided by a qualified
individual or agency.
a. The shore impact zone for parcels with permitted agricultural land uses is
equal to a line parallel to and 50 feet from the ordinary high water level.
b. The bluff impact zone is equal to the bluff and land located within 20 feet
from a bluff line.
ORDINANCE NO. 545
Page 9 of 42
2. Animal feedlots shall meet the requirements of this chapter, as well as the
following standards:
a. New feedlots shall not be located in the WSRR overlay district; and
b. Modifications or expansions to existing feedlots that are located within 300
feet of the ordinary high water level or within the bluff impact zone are
allowed if they do not further encroach into the existing ordinary high water
level setback or encroach on bluff impact zones.
3. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district
shall be done in such a way as to minimize impact on the shore impact zone or
public water by proper application or use of earth or vegetation.
(iii) Forest management standard
1. The harvesting of timber and associated reforestation must be conducted
consistent with the provisions of the Minnesota Nonpoint Source Pollution
Assessment--Forestry and the provisions of Water Quality in Forest
Management--Best Management Practices in Minnesota.
2. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district
shall be done in such a way as to minimize impact on the shore impact zone or
public water by proper application or use of earth or vegetation.
(iv) Extractive use standards
1. Site development and restoration plan. An extractive use site development and
restoration plan shall be developed, approved, and followed over the course of
operation of the site. The plan shall address dust, noise, possible pollutant
discharges, hours and duration of operation, and anticipated vegetation and
topographic alterations. It must also identify actions to be taken during operation
to mitigate adverse environmental impacts, particularly erosion, and shall clearly
explain how the site will be rehabilitated after extractive activities end.
2. Setbacks for processing machinery. Processing machinery shall be located
consistent with setback standards for structures from the ordinary high water
level and from blufflines.
(11) Vegetative Cutting
Selective cutting of trees in excess of four inches in diameter at four feet height within the
WSRR overlay district and within 100 feet of the ordinary high water level and 20 feet
landward of the bluffline shall be subject to the following:
(a) Clearcutting, except for any authorized public services such as roads and essential
services, shall not be permitted. Clearcutting for essential services, such as telephone
lines, substations, and related structures, shall require a special permit issued by the City
Council in accordance with 2.4(N) of this ordinance.
ORDINANCE NO. 545
Page 10 of 42
(b) Cutting is spaced in several cutting operations and a continuous tree cover is maintained,
uninterrupted by large openings. In cases where the existing tree cover has been
interrupted by large openings in the past, selective cutting may be performed so as to
maintain a continuous tree cover in the remaining wooded areas.
(c) The above cutting provisions shall not be deemed to prevent:
(i) The removal of diseased or insect-infested trees, or of rotten or damaged trees that
present safety hazards.
(ii) Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops,
or cutting suppressed trees or trees less than four inches in diameter at four-foot
height.
(d) Except in cases where vegetative cutting has been approved as part of a subdivision or
other development, any person proposing vegetative cutting shall apply to the city for a
vegetative cutting permit. Application forms for the permit shall be provided by the
Community Development Department and require the following information:
(i) Name and address of applicant.
(ii) The name and address of the owner of the land.
(iii) The address and legal description of the land involved.
(iv) The purpose of the vegetative cutting.
(v) A description of the type and amount of vegetation to be cut.
(vi) The highway, street, or streets, or other public ways in the city upon and along which
any material is to be hauled or carried.
(vii) An estimate of the time required to complete the vegetative cutting.
(viii) A site plan showing the proposed cutting area.
(ix) A plan or statement demonstrating that the activity will in no way jeopardize the
public health, safety and welfare.
(x) A statement that the applicant will comply with all conditions prescribed by the city.
(12) Clearcutting Restrictions
Clearcutting within the WSRR overlay district shall be subject to the following standards and
criteria:
(a) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed
conditions are fragile and subject to injury.
(b) Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all
cases, shaped and blended with the natural terrain.
(c) The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary.
ORDINANCE NO. 545
Page 11 of 42
(d) Where feasible, all clearcuts shall be conducted between September 15 and May 15. If
natural regeneration will not result in adequate vegetative cover, areas in which
clearcutting is conducted shall be replanted to prevent erosion and to maintain the
aesthetic quality of the area. Where feasible, replanting shall be performed in the same
spring or the following spring.
(e) Except in cases where clearcutting has been approved as part of a subdivision or other
development, any person proposing clearcutting shall apply to the city for a clearcutting
permit. Application forms for the permit shall be provided by the Community
Development Department and require the following information:
(i) Name and address of applicant.
(ii) The name and address of the owner of the land.
(iii) The address and legal description of the land involved.
(iv) The purpose of the clearcutting.
(v) A description of the type and amount of clearcutting to be conducted.
(vi) The highway, street, or streets, or other public ways in the city upon and along which
any material is to be hauled or carried.
(vii) An estimate of the time required to complete the vegetative cutting.
(viii) A site plan showing the proposed cutting area.
(ix) A plan or statement demonstrating that the activity will in no way jeopardize the
public health, safety and welfare.
(x) A statement that the applicant will comply with all conditions prescribed by the city.
(13) Grading and Filling
Any grading and filling conducted within the WSRR overlay district shall require a permit
and shall comply with the following:
(a) The provisions of 2.4(N) of this ordinance are satisfactorily met.
(b) Grading and filling of the natural topography which is not accessory to a permitted or
conditional use shall not be allowed.
(c) Grading and filling of the natural topography which is accessory to a permitted or
conditional use shall not be conducted without a grading and filling permit from the
zoning authority.
(d) Grading and filling of the natural topography which is accessory to a permitted or
conditional use shall be performed in a manner which minimizes earth moving, erosion,
tree clearing and the destruction of natural amenities.
(e) Grading and filling of the natural topography shall also meet the following standards:
(i) The smallest amount of bare ground is exposed for as short a time as feasible.
ORDINANCE NO. 545
Page 12 of 42
(ii) Temporary ground cover such as mulch is used and permanent ground cover such as
sod is planted.
(iii) Methods to prevent erosion and to trap sediment are employed.
(iv) Fill is established to accepted engineering standards.
(f) Excavation of material from, or filling in the river, or construction of any permanent
structures or navigational obstructions therein is prohibited, unless authorized by a permit
from the commissioner pursuant to Minn. Stats. § 103G.245.
(g) Draining or filling of wetlands as defined by this chapter shall be expressly prohibited.
(14) Utility Transmission Lines
All utility transmission crossings of land within the WSRR overlay district shall require a
conditional use permit. The construction of such transmission services shall be subject to the
standards and criteria of Minn. Rules 6105.0170 and 6105.0180.
(15) Public Roads
In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use
permit shall be required for any construction or reconstruction of new public roads within the
WSRR overlay district. Such construction or reconstruction shall be subject to the standards
and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional use permit shall not be
required for marginal access streets which are intended to serve primarily as an access to
abutting properties.
(16) Land Suitability
No land shall be subdivided which is determined by the city or the commissioner to be
unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe
limitations for development, severe erosion potential, unfavorable topography, inadequate
water supply or sewage treatment capabilities or any other feature likely to be harmful to the
health, safety, or welfare of the future residents of the proposed subdivision or the city.
(17) Nonconforming Uses
All uses in existence prior to July 1, 2000, which are lawfully permitted uses within the wild
and scenic recreational river district, but do not meet the minimum lot area, setbacks or other
dimensional requirements of this chapter shall be allowed to continue subject to the following
conditions and exceptions:
(a) Any structural alteration or addition to a nonconforming use which will increase the
substandard dimensions shall not be allowed.
(b) Substandard signs shall be gradually eliminated over a period of time not to exceed five
years from the date of enactment or amendment of this division.
ORDINANCE NO. 545
Page 13 of 42
(18) Sewage Treatment
(a) Public System Required
Publicly-owned sewer systems must be used.
(b) Nonconforming Sewage Treatment Systems
A nonconforming sewage treatment system not meeting the requirements of applicable
rules of the state Department of Health, the state pollution control agency, specifically
Minn Rules ch. 7080, for individual sewage treatment systems, and any other applicable
local government standards shall be brought into conformity or discontinued within five
years of the date of enactment of the Wild and Scenic Recreational River District
Ordinance from which this division is derived.
(19) Water Supply
Any public or private supply of water for domestic purposes must meet or exceed standards
for water quality of the state Department of Health and the state pollution control agency and
administrative procedures of this chapter. Private wells must be located, maintained, and
sealed in accordance with or in a more thorough manner than the water well construction
code of the state Department of Health.
(20) Plats
Copies of all plats within the Wild and Scenic Recreational River District shall be forwarded
to the Commissioner within ten days of approval by the City. Approval of a plat which is
inconsistent with this division is permissible only if the detrimental impact of the
inconsistency is more than overcome by other protective characteristics.
(21) Planned Unit Development
A planned unit development may be allowed per the requirements of section 2.4(P) only
when the proposed development provides a better means of preserving agricultural land, open
space, woods, scenic views, wetlands, and other features of the natural environment than
traditional subdivision development. Planned Unit Developments shall be reviewed under
the provisions outlined in Section 2.4(P) of this ordinance, with the following additional
criteria:
(a) Preliminary plans are approved by the Commissioner of the Department of Natural
Resources prior to their enactment by the City Council.
(b) A publicly-owned sewer systems is used.
(c) Open space is permanently preserved. This may be accomplished through the use of
restrictive deed covenants, public dedications, granting of scenic easements, or other
equally effective and permanent methods.
ORDINANCE NO. 545
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(d) There is not more than one centralized boat launching facility for each cluster of homes.
(e) The only uses that shall be allowed within the development are those allowed under
section 2.4(P) and the underlying zoning district.
(f) Under the joint application of standards, the more restrictive provisions of this chapter
shall apply.
(22) Variances
(a) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the
following additional variance criteria:
(i) Granting of the variance is not contrary to the purpose and intent of this section and
is consistent with Minn. Rules 6105.0010--6105.0250 and 6105.0800--6105.0960.
(ii) Granting of the variance will not allow any use which is neither a permitted or
conditional use in the land use district in which the subject property is located.
(b) Exception: Where a setback pattern from the ordinary high water level has already been
established on both sides of a proposed building site, the setback of the proposed
structure may be allowed to conform to that pattern. This provision shall apply only to
lots which do not meet the applicable minimum lot width requirement.
(c) Appeals from variance decisions on shoreland issues may be made in accordance with the
provisions of Section 2.4(H) and also Minnesota Statutes.
(23) Notice to the DNR of Proposed Actions within the Wild and Scenic Recreational River
District
(a) Notification of Proposals
(i) For properties within the Wild and Scenic Recreational River District, the
Community Development Department shall notify the Commissioner of the
Department of Natural Resources of any application for a variance, ordinance
amendment (including proposed changes to district lines), conditional use permits,
PUDs, and plats.
(ii) Notifications for ordinance changes and PUDs shall consist of a copy of the proposed
ordinance amendment(s), a copy of the proposed PUD, and all other application
materials as may be needed by the Commissioner to fully understand the proposal.
(iii) Notifications for variances, plats or CUPs may consist simply of the notice of the
applicable public hearing, or if a public hearing is not required, a copy of application
materials as may be needed by the Commissioner to fully understand the proposal.
(iv) Notification shall be sent so as to be received by the Commissioner at least 30 days
prior to the planned hearing or meeting to consider the requested action.
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(b) Notification of final decision
The Community Development Department shall notify the Commissioner of the City’s
final decision on the proposed action within ten (10) days of the decision.
(c) Effective date of decision
(i) Decisions on variances, plats or CUPs become effective upon completion of the
applicable review process at the City level.
(ii) Decisions on PUDs and ordinance amendments within or affecting the Wild and
Scenic Recreational River District become effective upon the happening of any of the
following events, whichever first occurs:
1. The final decision taken by the city has previously received certification of
approval from the Commissioner of the Department of Natural Resources.
2. The city receives certification of approval from the Commissioner of the
Department of Natural Resources after its final decision.
3. Thirty days have elapsed from the day the Commissioner of the Department of
Natural Resources received notice of the final decision, and the city has received
from the Commissioner neither certification of approval nor notice of non-
approval.
4. The Commissioner of the Department of Natural Resources certifies his approval
within 30 days after conducting a public hearing.
(d) Hearing after non-approval
In case the Commissioner of the Department of Natural Resources gives notice of a PUD
or proposed ordinance amendment, either the applicant or Community Development
Department may, within 30 days of said notice, file with the Commissioner a demand for
a hearing. If the demand for a hearing is not made within 30 days, the notice of non-
approval becomes final.
(i) The hearing shall be held within 60 days of the demand and after at least two weeks'
published notice.
(ii) The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds.
2, 6 and 7.
(iii) The Commissioner shall either certify his approval or disapproval of the proposed
action within 30 days of the hearing.
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(F) Shoreland District
(1) Statutory Authorization and Policy
(a) STATUTORY AUTHORIZATION: This shoreland ordinance is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota
Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling
legislation in Minnesota Statutes, Chapter 462.
(b) POLICY: The uncontrolled use of shorelands of the City of Monticello, Minnesota
affects the public health, safety, and general welfare not only by contributing to pollution
of public waters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety, and welfare to provide for the wise subdivision, use
and development of shorelands of public waters. The legislature of Minnesota has
delegated responsibility to local governments of the state to regulate the subdivision, use
and development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, conserve the economic and natural environmental values of
shorelands, and provide for the wise use of waters and related land resources. This
responsibility is hereby recognized by the City of Monticello.
(2) General Provisions
(a) Jurisdiction
(i) The provisions of this ordinance shall apply to the shorelands of the public water
bodies as classified in Section 3.7(F)(4) of this ordinance.
(ii) Shoreland shall include all land within 1,000 feet of the Ordinary High Water Level
(OHWL) of a lake and 300 feet of a river and its designated floodplain as depicted on
the City of Monticello’s Official Zoning Map.
(iii) Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or
flowage less than 10 acres in size in municipalities or 25 acres in size in
unincorporated areas need be regulated in a local government’s shoreland
regulations. A body of water created by a private user where there was no previous
shoreland may, at the discretion of the governing body, be exempt from this
ordinance.
(b) Compliance:
The use of any shoreland of public waters; the size and shape of lots; the use, size, type
and location of structures on lots; the installation and maintenance of water supply and
waste treatment systems, the grading and filling of any shoreland area; the cutting of
shoreland vegetation; and the subdivision of land shall be in full compliance with the
terms of this ordinance and other applicable regulations.
ORDINANCE NO. 545
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(c) Enforcement
The Community Development Department is responsible for the administration and
enforcement of this ordinance. Any violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of permits, variances or conditional
uses) shall be subject to the remedies and penalties outlined in Section 7.6 of this
ordinance.
(d) Interpretation
In their interpretation and application, the provisions of this overlay district shall be held
to be minimum requirements and shall be liberally constructed in favor of the City and
shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
(e) Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail.
(3) Administration
(a) Permits Required
(i) A permit is required for the construction of buildings or building additions (including
but not limited to related activities such as construction of decks or signs), the
installation and/or alteration of sewage treatment systems, and all grading and filling
activities as required by this ordinance. Application for a permit shall be made to the
Community Development Department pursuant to the applicable regulations in
Chapter 2 of this ordinance. The application shall include the necessary information
so that the Community Development Department can determine the site’s suitability
for the intended use and that a compliant sewage treatment system will be provided.
(ii) A permit authorizing an addition to an existing structure shall stipulate that an
identified nonconforming sewage treatment system shall be reconstructed or replaced
in accordance with the provisions of this ordinance.
(b) Determination of Zoning Compliance
The Community Development Department, in reviewing a required permit, shall make a
determination as to whether the proposal is compliant with all provisions of Section
3.7(F) Shoreland District. Any use, arrangement, or construction not authorized by
permit shall be deemed a violation of this ordinance and shall be punishable as provided
in Section 7.6 of this ordinance.
(c) Variances
(i) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the
following additional requirements:
ORDINANCE NO. 545
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1. No variance shall circumvent the general purposes and intent of the shoreland
overlay district.
2. No variance may be granted that would allow any use that is prohibited in the
zoning district in which the subject property is located.
3. The variance application must clearly demonstrate whether a conforming sewage
treatment system is present for the intended use of the property. The variance, if
issued, must require reconstruction of a nonconforming sewage treatment system.
(ii) A copy of the notice for the public hearing(s) to consider a variance must be sent to
the commissioner or the commissioner's designated representative and postmarked at
least ten days before the hearings.
(iii) A copy of all decisions granting variances to shoreland regulations shall be
forwarded by mail to the Commissioner of Natural Resources within ten (10) days of
such action.
(iv) Appeals from variance decisions on shoreland issues may be made in accordance
with the provisions of Section 2.4(H) and also Minnesota Statutes.
(d) Conditional Uses
Conditional uses allowable within shoreland areas shall be reviewed under the provisions
outlined in Section 2.4(D), and interim use permits for uses or structures within shoreland
areas shall be reviewed under the provisions outlined in Section 2.4(E), with the
following additional requirements:
(i) Evaluation Criteria
A thorough evaluation of the waterbody and the topographic, vegetation, and soils
conditions on the site must be made to ensure:
1. The prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
2. The visibility of structures and other facilities as viewed from public waters is
limited;
3. The site is adequate for water supply and on-site sewage treatment; and
4. The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
(ii) Conditions attached to conditional use permits
The Community Development Department, upon consideration of the criteria listed
above and the purposes of this ordinance, shall attach such conditions to the issuance
of the conditional use permits as it deems necessary to fulfill the purposes of this
ordinance. Such conditions may include, but are not limited to, the following:
1. Increased setbacks from the ordinary high water level;
2. Limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
ORDINANCE NO. 545
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3. Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle parking
areas.
(iii) Notification Procedures
1. A copy of the notice for the public hearing(s) to consider a conditional use permit
must be sent to the commissioner or the commissioner's designated
representative and postmarked at least ten days before the hearings.
2. A copy of all decisions granting a conditional use permit subject to shoreland
regulations shall be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
(e) Proposed Shoreland District Amendments and PUDs
(i) Notification Required
The Community Development Department shall submit to the Commissioner of the
Department of Natural Resources (or the commissioner's designated representative),
a copy of any application for a zoning amendment to Section 3.7(F), or an application
for a Planned Unit Development (PUD) within the shoreland district for certification.
The materials shall be sent so as to be received by the Commissioner at least 30 days
prior to such hearing or meeting to consider such action. The notice of application
shall include a copy of the proposed ordinances or amendment, or a copy of the
proposed Planned Unit Development along with a description of the request.
(ii) Notification of final decision
The Community Development Department shall notify the Commissioner of its final
decision on the proposed action within ten days of the decision.
(iii) Effective date of decision
The ordinance amendment or PUD becomes effective upon the happening of any of
the following events, whichever first occurs:
1. The final decision taken by the city has previously received certification of
approval from the Commissioner of the Department of Natural Resources.
2. The city receives certification of approval from the Commissioner of the
Department of Natural Resources after its final decision.
3. Thirty days have elapsed from the day the Commissioner of the Department of
Natural Resources received notice of the final decision, and the city has received
from the Commissioner neither certification of approval nor notice of non-
approval.
4. The Commissioner of the Department of Natural Resources certifies his approval
within 30 days after conducting a public hearing.
(iv) Hearing after non-approval
In case the Commissioner of the Department of Natural Resources gives notice of
non-approval of an ordinance amendment or PUD, either the applicant or Community
ORDINANCE NO. 545
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Development Department may, within 30 days of said notice, file with the
Commissioner a demand for a hearing. If the demand for a hearing is not made
within 30 days, the notice of non-approval becomes final.
1. The hearing shall be held within 60 days of the demand and after at least two
weeks' published notice.
2. The hearing shall be conducted in accordance with Minn. Stats. § 103G.311,
subds. 2, 6 and 7.
3. The Commissioner shall either certify his approval or disapproval of the
proposed action within 30 days of the hearing.
(4) Shoreland Classification System and Land Use Districts
(a) Shoreland Classification System
The public waters of the City of Monticello have been classified below consistent with
the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters
Inventory Map for Wright County, Minnesota. The Mississippi River is regulated by
Section 3.7(E) Wild and Scenic Recreational River District.
(i) The shoreland area for the water bodies listed in subsections (ii) and (iii) below shall
be as defined in this ordinance and as shown on the Official Zoning Map.
(ii) Lakes
1. Natural Environment Lakes
a. Mud Lake (DNR ID: 86-68 P)
b. Unnamed Wetland (DNR ID: 86-75 W)
2. Recreational Development Lakes – RESERVED
3. General Development Lakes
a. Unnamed Wetland (DNR ID: 86-393 W)
b. Pelican Lake (DNR ID: 86-31 P)
c. Unnamed Wetland (DNR ID: 86-67 W)
d. Long Lake (DNR ID: 86-69 P)
e. Holkers Slough (DNR ID: 86-76 W)
f. Unnamed Wetland (DNR ID: 86-77 W)
g. Slough Lake (DNR ID: 86-78 P)
h. Unnamed Wetland (DNR ID: 86-394 W)
i. Unnamed Wetland (DNR ID: 86-498 W)
(iii) Rivers and Streams
1. Remote Rivers – RESERVED
2. Forested Rivers – RESERVED
3. Transition Rivers – RESERVED
ORDINANCE NO. 545
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4. Agricultural Rivers – RESERVED
5. Tributary streams
a. Otter Creek
All protected watercourses in the City of Monticello shown on the Protected
Waters Inventory Map for Wright County, a copy of which is hereby adopted by
reference, that are not given a classification in Items 1 through 6 above shall be
considered “Tributary streams.”
(b) Land Use District Descriptions
(i) Criteria For Designation
The land use districts in subsection (ii) below and the delineation of a land use
district’s boundaries on the Official Zoning Map, must be consistent with the goals,
policies, and objectives of the comprehensive land use plan.
(ii) Land Use in Shoreland Areas
Land uses on parcels within the shoreland district shall be regulated by the
underlying zoning district or by Table 3-22 below, whichever is more restrictive.
TABLE 3-22: SHORELAND USES BY LAKE CLASSIFICATION
(A) Lake Classes in SPECIAL PROTECTION Districts
(within the Wild and Scenic Recreational River Overlay District)
Uses
General
Development
Recreational
Development
Natural
Environment
Forest management P P P
Sensitive resource management P P P
Agricultural: cropland and pasture P P P
Agricultural feedlots C C C
Parks and historic sites C C C
Extractive use C C C
Single residential C C C
Mining of metallic minerals and peat P P P
(B) Lake Classes in LOW DENSITY RESIDENTIAL Districts
(within the A-O, R-A, R-1, R-2 or T-N Districts)
Uses
General
Development
Recreational
Development
Natural
Environment
Single Residential P P P
Semipublic C C C
Parks and historic sites C C C
Extractive use C C C
Duplex, triplex, quad residential P P C
Forest management P P P
Mining of metallic minerals and peat P P P
ORDINANCE NO. 545
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TABLE 3-22 (continued)
(C) Lake Classes in HIGH DENSITY RESIDENTIAL Districts
(within the R-3 or M-H Districts)
Uses
General
Development
Recreational
Development
Natural
Environment
Residential Planned Unit Developments (PUDs) C C C
Single Residential P P P
Surface Water oriented commercial (as accessory
to a residential PUD) C C C
Semipublic C C C
Parks and historic sites C C C
Duplex, triplex, quad residential P P P
Forest management P P P
(D) Lake Classes in WATER ORIENTED COMMERCIAL Districts
(within a Business District AND includes a proposed water oriented use)
Uses
General
Development
Recreational
Development
Natural
Environment
Surface Water oriented commercial P P C
Commercial Planned Unit Development C C C
Public, Semipublic C C C
Parks and historic sites C C C
Forest management P P P
(E) Lake Classes in GENERAL USE Districts
(within a business or industrial district)
Uses
General
Development
Recreational
Development
Natural
Environment
Commercial P P C
Commercial Planned Unit Development C C C
Industrial C C N
Public, Semipublic P P C
Extractive Use C C C
Parks and historic sites C C C
Forest management P P P
Mining of metallic minerals and peat P P P
(P) = Permitted Use, (C) = Conditional Use, and (N) = Prohibited Use
(5) Shoreland Development Standards
(a) In General
(i) Except as may be specifically provided, no new lot shall be created—by plat or by
metes and bounds description—which does not meet the minimum dimensional
requirements outlined in Section 3.7(F)(5).
ORDINANCE NO. 545
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(ii) No lot area shall be so reduced or diminished so that the yards or other open spaces
are smaller than prescribed herein, nor shall the number of dwelling units be
increased in any manner except in conformity with the area regulations in this
Ordinance.
(iii) The area of any lot shall not be reduced below the minimum standards specified
herein.
(b) Lot Standards
Tables 3-23, 3-24, and 3-25 list the lot standards for lands within the shoreland district.
(i) Structure setbacks shall be measured from the Ordinary High Water Level (OHWL);
(ii) Lot widths shall be met at both the OHWL and at the required structural setback from
the OHWL.
(iii) Lot area shall be calculated based on land area above the OHWL.
TABLE 3-23: SHORELAND LOT STANDARDS FOR
SEWERED LAKES
(A) Residential Lot Area (square feet)
Lake Class
LAKESHORE NON-LAKESHORE
Single Duplex Triplex Quad Single Duplex Triplex Quad
Natural
Environment 40,000 70,000 100,000 130,000 20,000 35,000 52,000 65,000
Recreational
Development 20,000 35,000 50,000 65,000 15,000 26,000 38,000 49,000
General
Development 15,000 26,000 38,000 49,000 10,000 17,500 25,000 32,500
(B) Residential Lot Width
Lake Class
LAKESHORE NON-LAKESHORE
Single Duplex Triplex Quad Single Duplex Triplex Quad
Natural
Environment 125 225 325 425 125 220 315 410
Recreational
Development 75 135 195 255 75 135 190 245
General
Development 75 135 195 255 75 135 190 245
(C) Setbacks (feet)
Lake Class
LAKESHORE LOTS (distances in feet)
Structure Setback from OHWL Shore Impact Zone from OHWL
Natural
Environment 150 75
Recreational
Development 75 37.5
General
Development 50 25
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TABLE 3-24: SHORELAND LOT STANDARDS FOR
UNSEWERED LAKES
(A) Residential Lot Area (square feet)
Lake Class
LAKESHORE NON-LAKESHORE
Single Duplex Triplex Quad Single Duplex Triplex Quad
Natural
Environment 80,000 120,000 160,000 200,000 80,000 160,000 240,000 320,000
Recreational
Development 40,000 80,000 120,000 160,000 40,000 80,000 120,000 160,000
General
Development 20,000 40,000 60,000 80,000 40,000 80,000 120,000 160,000
(B) Residential Lot Width
Lake Class
LAKESHORE NON-LAKESHORE
Single Duplex Triplex Quad Single Duplex Triplex Quad
Natural
Environment 200 300 400 500 200 400 600 800
Recreational
Development 150 225 300 375 150 265 375 490
General
Development 100 180 260 340 150 265 375 490
(C) Setbacks (feet)
Lake Class
LAKESHORE LOTS (distances in feet)
Structure Setback from
OHWL
Shore Impact Zone from
OHWL
On-site Sewage Setback
from OHWL
Natural
Environment 150 75 150
Recreational
Development 100 50 75
General
Development 75 37.5 50
ORDINANCE NO. 545
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TABLE 3-25: SHORELAND LOT STANDARDS FOR
RIVERS
River Class
Residential Lot Width (ft)
Structure
Setback
Shore
Impact
Zone
Sewage
Setback Single Duplex Triplex Quad
Remote 300 450 600 750 200 100 150
Forested 200 300 400 500 150 75 100
Transition 250 375 500 625 150 75 100
Agricultural 150 225 300 375 50/100* 25/50* 75
Urban &
Tributary 75/100* 115/150* 150/200* 190/250* 50/100* 25/50* 75
* sewered / unsewered
(c) Non-residential District Lot Standards
(i) Minimum lot standards for non-residential zoned properties shall be as dictated by
the requirements for the underlying zoning district classification.
(ii) All structures and septic systems within non-residential districts shall comply with
the structural setback standards for such features as listed in Tables 3-23, 3-24 and 3-
25.
(d) Bluff Impact Zones
Structures or facilities, except stairways and landings, must not be placed within bluff
impact zones.
(e) Height of Structures
(i) No structures, except for churches and non-residential agricultural structures, shall
exceed twenty-five (25) feet in height.
(ii) Detached accessory dwellings shall not exceed fifteen (15) feet in height.
(f) Uses Without Water-Oriented Needs
Uses without water-oriented needs are encouraged to locate on lots or parcels without
public water frontage, or, if located on lots or parcels with public water frontage, must
either be setback double the normal ordinary high water level setback or be substantially
screened from view from the water by vegetation or topography, assuming summer, leaf-
on conditions.
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(6) Zoning and Water Supply / Sanitary Provisions
(a) Design Criteria for Structures in the Shoreland District
(i) High Water Elevations
Structures must be placed in accordance with any floodplain regulations applicable to
the site. Where these controls do not exist, the elevation to which the lowest floor,
including basement, is placed or flood-proofed must be determined as follows:
1. For lakes, by placing the lowest floor at a level at least three feet above the
highest known water level, or three feet above the ordinary high water level,
whichever is higher;
2. For rivers and streams, by placing the lowest floor at least three feet above the
flood of record, if data are available. If data are not available, by placing the
lowest floor at least three feet above the ordinary high water level, or by
conducting a technical evaluation to determine effects of proposed construction
upon flood stages and flood flows and to establish a flood protection elevation.
Under all three approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing
the management of flood plain areas. If more than one approach is used, the
highest flood protection elevation determined must be used for placing structures
and other facilities; and
3. Water-oriented accessory structures may have the lowest floor placed lower than
the elevation determined in this item if the structure is constructed of flood-
resistant materials to the elevation, electrical and mechanical equipment is placed
above the elevation and, if long duration flooding is anticipated, the structure is
built to withstand ice action and wind-driven waves and debris.
(ii) Water-oriented Accessory Structures
Each lot may have one water-oriented accessory structure not meeting the normal
structure setback of this ordinance if this water-oriented accessory structure complies
with the following provisions:
1. The structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached decks
must not exceed eight feet above grade at any point;
2. The setback of the structure or facility from the ordinary high water level must be
at least ten feet;
3. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks or color, assuming summer, leaf-on conditions;
4. The roof may be used as a deck with safety rails, but must not be enclosed or
used as a storage area;
5. The structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities; and
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6. As an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage of related boating and water-oriented sporting
equipment, may occupy an area up to 400 square feet provided the maximum
width of the structure is 20 feet as measured parallel to the configuration of the
shoreline.
(iii) Stairways, Lifts, and Landings
Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways and
lifts must meet the following design requirements:
1. Stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be used for commercial properties, public open-space recreational
properties, and planned unit developments;
2. Landings for stairways and lifts on residential lots must not exceed 32 square feet
in area. Landings larger than 32 square feet may be used for commercial
properties, public open-space recreational properties, and planned unit
developments;
3. Canopies or roofs are not allowed on stairways, lifts, or landings;
4. Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and built
in a manner that ensures control of soil erosion;
5. Stairways, lifts, and landings must be located in the most visually inconspicuous
portions of lots, as viewed from the surface of the public water assuming
summer, leaf-on conditions, whenever practical; and
6. Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the
dimensional and performance standards of sub-items (1) to (5) are complied with
in addition to the requirements of Minnesota Regulations, Chapter 1341.
(iv) Significant Historic Sites
No structure may be placed on a significant historic site in a manner that affects the
values of the site unless adequate information about the site has been removed and
documented in a public repository.
(v) Steep Slopes
The Community Development Department must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions must be
attached to issued permits to prevent erosion and to preserve existing vegetation
screening of structures, vehicles, and other facilities as viewed from the surface of
public waters, assuming summer, leaf-on vegetation.
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(b) Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
(i) Vegetation Alterations
1. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas are exempt
from the vegetation alteration standards that follow.
2. Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated in Section 3.7(F)(6)(e)(ii) and 3.7(F)(6)(e)(iii),
respectfully, is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
conversion to another use outside of these areas is allowable as a conditional
use if an erosion control and sedimentation plan is developed and approved
by the soil and water conservation district in which the property is located.
b. In shore and bluff impact zones and on steep slopes, limited clearing of trees
and shrubs and cutting, pruning, and trimming of trees is allowed to provide
a view to the water from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access paths, livestock
watering areas, beach and watercraft access areas, and permitted water-
oriented accessory structures or facilities, provided that:
i. The screening of structures, vehicles, or other facilities as viewed from
the water, assuming summer, leaf-on conditions, is not substantially
reduced;
ii. Along rivers, existing shading of water surfaces is preserved; and
iii. The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
(ii) Topographic Alterations/Grading and Filling
1. Grading and filling and excavations necessary for the construction of structures,
sewage treatment systems, and driveways under validly issued construction
permits for these facilities do not require the issuance of a separate grading and
filling permit. However, the grading and filling standards in this Section must be
incorporated into the issuance of permits for construction of structures, sewage
treatment systems, and driveways.
2. Public roads and parking areas are regulated by Section 3.7(F)(6)(c) of this
ordinance.
3. Notwithstanding sub-items 1. and 2. above, a grading and filling permit will be
required for:
ORDINANCE NO. 545
Page 29 of 42
a. The movement of more than ten (10) cubic yards of material on steep slopes
or within shore or bluff impact zones; and
b. The movement of more than 50 cubic yards of material outside of steep
slopes and shore and bluff impact zones.
4. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional use
permits, variances and subdivision approvals:
a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated
to determine how extensively the proposed activity would affect the
following functional qualities of the wetland:
i. Sediment and pollutant trapping and retention;
ii. Storage of surface runoff to prevent or reduce flood damage;
iii. Fish and wildlife habitat;
iv. Recreational use;
v. Shoreline or bank stabilization; and
vi. Noteworthiness, including special qualities such as historic significance,
critical habitat for endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits, reviews, or approvals by other
local, state, or federal agencies such as a watershed district, the Minnesota
Department of Natural Resources, or the United States Army Corps of
Engineers. The applicant will be so advised.
b. Alterations must be designed and conducted in a manner that ensures only
the smallest amount of bare ground is exposed for the shortest time possible;
c. Mulches or similar materials must be used, where necessary, for temporary
bare soil coverage, and a permanent vegetation cover must be established as
soon as possible;
d. Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature must be used;
e. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water
conservation districts and the United States Soil Conservation Service;
f. Fill or excavated material must not be placed in a manner that creates an
unstable slope;
g. Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create
finished slopes of 30 percent or greater;
h. Fill or excavated material must not be placed in bluff impact zones;
ORDINANCE NO. 545
Page 30 of 42
i. Any alterations below the ordinary high water level of public waters must
first be authorized by the Commissioner of Natural Resources under
Minnesota Statutes, section 103G;
j. Alterations of topography must only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or nearby
properties; and
k. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished slope
does not exceed three feet horizontal to one foot vertical, the landward extent
of the riprap is within ten feet of the ordinary high water level, and the height
of the riprap above the ordinary high water level does not exceed three feet.
(c) Placement and Design of Roads, Driveways, and Parking Areas
(i) Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from
public waters. Documentation must be provided by a qualified individual that all
roads and parking areas are designed and constructed to minimize and control
erosion to public waters consistent with the field office technical guides of the local
soil and water conservation district, or other applicable technical materials.
(ii) Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
(iii) Public and private watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this subpart are met. For private facilities,
the grading and filling provisions of Section 3.7(F)(6)(b)(ii) of this ordinance must be
met.
(d) Stormwater Management
The following general and specific standards shall apply:
(i) General Standards
1. When possible, existing natural drainage ways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
2. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon
as possible and facilities or methods used to retain sediment on the site.
ORDINANCE NO. 545
Page 31 of 42
3. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be used.
Preference must be given to designs using surface drainage, vegetation, and
infiltration rather than buried pipes and man-made materials and facilities.
(ii) Specific Standards
1. Impervious surface coverage of lots must not exceed 25 percent of the lot area.
2. When constructed facilities are used for stormwater management, documentation
must be provided by a qualified individual that they are designed and installed
consistent with the field office technical guide of the local soil and water
conservation districts.
3. New constructed stormwater outfalls to public waters must provide for filtering
or settling of suspended solids and skimming of surface debris before discharge.
(e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural,
Forestry and Extractive Uses and Mining of Metallic Minerals and Peat
(i) Standards for Commercial, Industrial, Public, and Semipublic Uses
1. Surface water-oriented commercial uses and industrial, public, or semipublic
uses with similar needs to have access to and use of public waters may be located
on parcels or lots with frontage on public waters. Those uses with water-oriented
needs must meet the following standards:
a. In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this ordinance, the uses must be designed to incorporate
topographic and vegetative screening of parking areas and structures;
b. Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid obstructions of navigation and to be
the minimum size necessary to meet the need; and
c. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following
general standards:
i. No advertising signs or supporting facilities for signs may be placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit
issued by the county sheriff;
ORDINANCE NO. 545
Page 32 of 42
ii. Signs may be placed, when necessary, within the shore impact zone if
they are designed and sized to be the minimum necessary to convey
needed information. They must only convey the location and name of the
establishment and the general types of goods or services available. The
signs must not contain other detailed information such as product brands
and prices, must not be located higher than ten feet above the ground,
and must not exceed thirty-two (32) square feet in size. If illuminated by
artificial lights, the lights must be shielded or directed to prevent
illumination out across public waters; and
iii. Other outside lighting may be located within the shore impact zone or
over public waters if it is used primarily to illuminate potential safety
hazards and is shielded or otherwise directed to prevent direct
illumination out across public waters. This does not preclude use of
navigational lights.
2. Uses without water-oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the normal ordinary high water level
setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
(ii) Agriculture Use Standards
1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore
and bluff impact zones are maintained in permanent vegetation or operated under
an approved conservation plan (Resource Management Systems) consistent with
the field office technical guides of the local soil and water conservation districts
or the United States Soil Conservation Service, as provided by a qualified
individual or agency. The shore impact zone for parcels with permitted
agricultural land uses is equal to a line parallel to and 50 feet from the ordinary
high water level.
2. Animal feedlots are prohibited.
(iii) Forest Management Standards
The harvesting of timber and associated reforestation or conversion of forested use to
a non-forested use must be conducted consistent with the following standards:
1. Timber harvesting and associated reforestation must be conducted consistent
with the provisions of the Minnesota Non-point Source Pollution Assessment-
Forestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota."
2. Forest land conversion to another use shall require issuance of a conditional use
permit subject to Section 2.4(D) and adherence to the following standards:
a. Shore and bluff impact zones must not be intensively cleared of vegetation;
and
ORDINANCE NO. 545
Page 33 of 42
b. An erosion and sediment control plan is developed and approved by the local
soil and water conservation district before issuance of a conditional use
permit for the conversion.
c. Use of fertilizer, pesticides, or animal wastes within shorelands must be done
in such a way as to minimize impact on the shore impact zone or public
water by proper application or use of earth or vegetation.
(iv) Extractive Use Standards
1. Site Development and Restoration Plan. An extractive use site development and
restoration plan must be developed, approved, and followed over the course of
operation of the site. The plan must address dust, noise, possible pollutant
discharges, hours and duration of operation, and anticipated vegetation and
topographic alterations. It must also identify actions to be taken during operation
to mitigate adverse environmental impacts, particularly erosion, and must clearly
explain how the site will be rehabilitated after extractive activities end.
2. Setbacks for Processing Machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels
of public waters and from bluffs.
(v) Mining of Metallic Minerals and Peat
Mining of metallic minerals and peat, as defined in Minnesota Statutes, sections
93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota
Statutes, sections 93.44 to 93.51, are satisfied.
(f) Water Supply and Sewage Treatment
(i) Water Supply
Water shall be supplied through the City of Monticello municipal water system.
(ii) Sewage Treatment
Any premises used for human occupancy must be provided with an adequate method
of sewage treatment, as follows:
1. Publicly-owned sewer systems shall be used for any new development.
2. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with the provisions Section 3.7(F)(7) below.
(7) Nonconformities
All legally established nonconformities as of the date of this ordinance may continue, but
they will be managed according to applicable state statutes and the provisions of Chapter 6 of
this ordinance for the subjects of alterations and additions, repair after damage,
discontinuance of use, and intensification of use; except that the following standards will also
apply in shoreland areas:
ORDINANCE NO. 545
Page 34 of 42
(a) Construction on nonconforming lots of record
(i) Lots of record in the office of the county recorder on the date of enactment of local
shoreland controls that do not meet the requirements of Section 3.7(F)(5)(b) may be
allowed as building sites without variances from lot size requirements provided the
use is permitted in the zoning district, the lot has been in separate ownership from
abutting lands at all times since it became substandard, was created compliant with
official controls in effect at the time, and sewage treatment and setback requirements
of this ordinance are met.
(ii) A variance from setback requirements must be obtained before any use, sewage
treatment system, or building permit is issued for a lot. In evaluating the variance, the
board of adjustment shall consider sewage treatment and water supply capabilities or
constraints of the lot and shall deny the variance if adequate facilities cannot be
provided.
(iii) If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 3.7(F)(5)(b), the lot must not
be considered as a separate parcel of land for the purposes of sale or development.
The lot must be combined with the one or more contiguous lots so they equal one or
more parcels of land, each meeting the requirements of Section 3.7(F)(5)(b) as much
as possible.
(b) Additions/expansions to nonconforming structures
(i) All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of Section 3.7(F).
Any deviation from these requirements must be authorized by a variance pursuant to
Section 3.7(F)(3)(c).
(ii) Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and
standards are met:
1. The structure existed on the date the structure setbacks were established;
2. A thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water level
setback of the structure;
3. The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive; and
4. The deck is constructed primarily of wood, and is not roofed or screened.
ORDINANCE NO. 545
Page 35 of 42
(8) Special Provisions for Subdivision and Platting in Shoreland Districts
(a) Land suitability
Each lot created through subdivision, including planned unit developments authorized
under Section 2.4(P) of this ordinance, must be suitable in its natural state for the
proposed use with minimal alteration. Suitability analysis by the local unit of government
shall consider susceptibility to flooding, existence of wetlands, soil and rock formations
with severe limitations for development, severe erosion potential, steep topography,
inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions
unsuitable for water-based recreation, important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to
the health, safety, or welfare of future residents of the proposed subdivision or of the
community.
(b) Consistency with other controls
Subdivisions must conform to all official controls of this community. A subdivision will
not be approved where a later variance from one or more standards in official controls
would be needed to use the lots for their intended purpose. Each lot shall meet the
minimum lot size and dimensional requirements of Section 3.7(F)(5), including at least a
minimum contiguous lawn area, that is free of limiting factors sufficient for the
construction of two standard soil treatment systems. Lots that would require use of
holding tanks must not be approved.
(c) Information requirements.
Sufficient information must be submitted by the applicant for the community to make a
determination of land suitability. The information shall include at least the following:
(i) Topographic contours at ten-foot intervals or less from United States Geological
Survey maps or more accurate sources, showing limiting site characteristics;
(ii) The surface water features required in Minnesota Statutes, section 505.02,
subdivision 1, to be shown on plats, obtained from United States Geological Survey
quadrangle topographic maps or more accurate sources;
(iii) Adequate soils information to determine suitability for building and on-site sewage
treatment capabilities for every lot from the most current existing sources or from
field investigations such as soil borings, percolation tests, or other methods;
(iv) Information regarding adequacy of domestic water supply; extent of anticipated
vegetation and topographic alterations; near-shore aquatic conditions, including
depths, types of bottom sediments, and aquatic vegetation; and proposed methods for
controlling stormwater runoff and erosion, both during and after construction
activities;
(v) Location of 100-year flood plain areas and floodway districts from existing adopted
maps or data; and
ORDINANCE NO. 545
Page 36 of 42
(vi) A line or contour representing the ordinary high water level, the “toe” and the “top”
of bluffs, and the minimum building setback distances from the top of the bluff and
the lake or stream.
(d) Dedications
When a land or easement dedication is a condition of subdivision approval, the approval
must provide easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.
(e) Platting
All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size
shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No
permit for construction of buildings shall be issued for lots created after these official
controls were enacted unless the lot was approved as part of a formal subdivision.
(f) Controlled Access or Recreational Lots
Lots intended as controlled accesses to public waters or for recreational use areas for use
by non-riparian lots within a subdivision must meet or exceed the sizing criteria in
Section 3.7(F)(5)(b) of this ordinance.
(F)(G) Freeway Bonus Sign District
Subsection (1) is hereby restated and incorporated herein unchanged.
(2) District Application
The provisions of Section 3.7(F)(G) shall apply to all business and industrial lands within the
jurisdiction of Monticello that are denoted on the official zoning map as being within the
freeway bonus sign overlay district.
Subsection (3) is hereby restated and incorporated herein unchanged.
(G)(H) DW: Drinking Water Supply Management Area
RESERVED
ORDINANCE NO. 545
Page 37 of 42
(H)(I) Performance Based Enhancement District
Subsection (1) is hereby restated and incorporated herein unchanged.
(2) District Application
The provisions of Section 3.7(H)(I) shall apply to all lands within the jurisdiction of
Monticello that are denoted on the official zoning map as being within the performance based
enhancement overlay district.
Subsection (3), (3)(a), and 3(a) subsections (i) and (ii) are hereby restated and incorporated herein
unchanged.
(iii) Lot Standards
1. Minimum lot size shall be equivalent to the required square feet per unit
following execution of all permitted density adjustments outlined in Section
3.7(H)(I)(4).
2. Minimum lot width shall be based on the required minimum lot size per the
following table:
TABLE 3-23 3-26: REQUIRED MINIMUM BASE LOT WIDTHS FOR
PERFORMANCE RESIDENTIAL DEVELOPMENT
The contents of the table are hereby restated and incorporated herein unchanged
Subsection (3)(a)(iv) is hereby restated and incorporated herein unchanged.
Subsection (3)(b) and its subsection (i) are hereby restated and incorporated herein unchanged.
(ii) Allowed Residential Density
1. Exclusively residential development proposals on properties with an underlying
zoning district of R-3 shall be governed by the base density regulations for the
underlying zoning district.
2. The base density of residential units within a performance based mixed-use
development shall be 4200 square feet of gross lot area per unit regardless of the
underlying zoning district.
3. Adjustments to the allowed base density shall be permitted in accordance with
the provisions of Section 3.7(H)(I)(4), but in no case shall the residential density
exceed twenty (20) units per acre.
ORDINANCE NO. 545
Page 38 of 42
(iii) Lot standards in general
1. Lot standards and setbacks shall be governed by the regulations for the
underlying zoning district.
2. Development which combines residential and business uses shall conform to the
mixed use standards of the performance district as outlined in Section 3.7(H)(I)
(5).
(4) Density bonuses for improved residential development
Base density square footage requirements for residential development within a performance
based enhancement district may be reduced based on inclusion of the following development
features and the corresponding square foot reduction factors. Under no circumstances shall
the resulting density exceed the established maximum density established by this ordinance.
(a) Bonuses for all housing types:
(i) Preservation of Natural Features – the base density requirement may be reduced
based on the amount of land being permanently set aside for the preservation of
natural features as outlined in Table 3-24 3-27:
TABLE 3-24 3-27: PRESERVATION OF NATURAL
FEATURES DENSITY BONUS
The contents of the table are hereby restated and incorporated
herein unchanged
(ii) Additional Landscaping – the base density requirement may be reduced based on
the introduction of additional landscaping beyond the normal requirements of code as
outlined in Table 3-25 3-28:
TABLE 3-25 3-28: DENSITY BONUSES FOR ADDITIONAL LANDSCAPING
The contents of the table are hereby restated and incorporated herein unchanged
(iii) Additional Useable Recreational Space – in conjunction with development
requiring park dedication, the base density requirement may be reduced based on any
additional amount of land accepted by the City for public recreation purposes over
that which is normally required by code as outlined in Table 3-26 3-29:
TABLE 3-26 3-29: RECREATIONAL SPACE
DENSITY BONUS
The contents of the table are hereby restated and incorporated
herein unchanged
Subsection 3.7(H)(4)(b) is hereby restated and incorporated herein unchanged.
ORDINANCE NO. 545
Page 39 of 42
(5) Bonuses for Green Buildings
(a) The incentives listed in Table 3-27 3-30 are available to developments incorporating the
denoted number of green building features from schedules “A” and “B” in Table 3-28 3-
31.
TABLE 3-27 3-30: BONUSES FOR GREEN BUILDINGS
The contents of the table are hereby restated
and incorporated herein unchanged
(b) The green building features listed in Table 3-28 3-31 below may be utilized to obtain the
development bonuses listed in Table 3-27 3-30.
TABLE 3-28 3-31: GREEN BUILDINGS FEATURES
The contents of the table are hereby restated
and incorporated herein unchanged
Subsection 3.7(H)(6) is hereby restated and incorporated herein unchanged.
(I)(J) CCD Residential Overlay District
Subsection (1) is hereby restated and incorporated herein unchanged.
(2) District Application
The provisions of Section 3.7(I)(J) shall apply to all lands within the jurisdiction of
Monticello that are denoted on the official CCD Residential Overlay District map.
Subsections (3) and (4) are hereby restated and incorporated herein unchanged.
(J)(K) Special Use Overlay District
Subsections (1) and (2) are hereby restated and incorporated herein unchanged.
ORDINANCE NO. 545
Page 40 of 42
Section 3. Table 5-1: Uses by District is hereby amended as follows:
TABLE 5-1: USES BY DISTRICT
All agricultural, residential, civic and institutional, and office uses are hereby restated and
incorporated herein unchanged
Commercial Uses
Adult Uses P P 3.7(J) (K)
All commercial uses from “Auction House” to “Wholesale Sales” are hereby restated and
incorporated herein unchanged
All industrial uses are hereby restated and incorporated herein unchanged
Section 4. Section 8.4 – Definitions is hereby amended to add or amend the
following definitions in alphabetical order:
BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment.
LAKE, GENERAL DEVELOPMENT: Lakes that usually have more than 225 acres of water per mile of
shoreline and 25 dwellings per mile of shoreline, and are more than 15 feet deep.
LAKE, NATURAL ENVIRONMENT: Lakes that usually have less than 150 total acres, less than 60
acres per mile of shoreline, and less than three dwellings per mile of shoreline. They may have s ome
winter kill of fish; may have shallow, swampy shoreline; and are less than 15 feet deep.
LAKE, RECREATIONAL DEVELOPMENT: Lakes that usually have between 60 and 225 acres of
water per mile of shoreline, between 3 and 25 dwellings per mile of shoreline, and are more than 15 feet
deep.
RIVER, AGRICULTURAL: Rivers that run through intensively cultivated areas, mainly in the southern
and western area of Minnesota.
RIVER, FORESTED: Rivers that are in forested, sparsely to moderately populated areas with some
roads; typically found in northeast, southwest and north-central Minnesota
RIVER, REMOTE: Rivers that are primarily in roadless, forested, sparsely populated areas in
northeastern Minnesota.
RIVER, TRANSITION: Rivers that are in a mixture of cultivated, pasture and forest lands.
RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by the
DNR as an agricultural, forested, remote or transition river.
ORDINANCE NO. 545
Page 41 of 42
SETBACK: The horizontal distance between a structure and the lot lines of the lot on which it is located;
or the minimum horizontal distance between a structure, sewage treatment system or other facility and an
ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other
facility.
SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other individual or
cluster type sewage treatment system as described and regulated in Minnesota Rules Chapter 7080.
SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a
line parallel to it at a setback of 50 percent of the required structure setback.
SHORELAND:
Subsection (A) is hereby restated and incorporated herein unchanged.
(B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated
by ordinance on such river or stream, whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by topographic divides that extend landward
from the waters for lesser distances and when approved by the Commissioner of Natural Resources.
(C) The area included in the recreational land use districts for the Mississippi River as defined in
Minnesota Regulations NR 2400-2420 Minnesota Rules Chapter 6105.0800-0950.
SURFACE WATER-ORIENTED COMMERCIAL USE: The use of land for commercial purposes,
where access to and use of a surface water feature is an integral part of the normal conductance of
business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.
TOE OF BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18
percent.
TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18
percent.
WETLAND
Subsections (A) and (B) are hereby restated and incorporated herein unchanged.
(C) Wetlands does do not include public waters wetlands and public waters unless reclassified as
wetlands by the Commissioner of Natural Resources under Minnesota Statutes, section 103G.201.
ORDINANCE NO. 545
Page 42 of 42
Section 5. This Ordinance shall take effect and be in full force from and after its passage
and publication. Revisions will be made online after adoption by Council.
Copies of the complete Zoning Ordinance are available online and at
Monticello City Hall.
ADOPTED BY the Monticello City Council this _____ day of ____________, 2012.
CITY OF MONTICELLO
____________________________
Clint Herbst, Mayor
ATTEST:
_____________________________
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
119189 1
GRANT OF PERMANENT EASEMENT
_____________________________, property owners, “Grantors”, do hereby grant unto
the CITY OF MONTICELLO, a Minnesota municipal corporation, the Grantee, hereinafter
referred to as the “City”, its successors and assigns, a permanent easement for public drainage
and utility purposes over, across, on, under, and through the land situated in the County of
Wright, State of Minnesota, as legally described on the attached Exhibit “A”.
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility systems over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and maintenance of said public
119189 2
drainage and utility easements.
The above named Grantors, for themselves, their heirs and assigns, do covenant with the
City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easement to the City;
that there are no unrecorded interests in the easement premises; and that they will indemnify and
hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this ____
day of _______________, 2008.
GRANTORS:
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ____ day of _______________
2008, by ___________________________________, Grantors.
___________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON :
Profession Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
JJJ/srn
119189 3
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
The following described parcel of land in the City of Monticello:
119189 4
(Reserved for Recording Data)
MORTGAGE HOLDER
CONSENT TO EASEMENT
WELLS FARGO BANK, N.A._______, a ____________ under the laws of the United
States of America, which holds ____ mortgage(s) on all or part of the property more particularly
described in the foregoing Grant of Permanent Easement, which mortgages are described as: (1)
dated ________, and recorded _______________, as Document No. ______ and (2) dated
_______________, and recorded _______________, as Document No. ____________ with the
office of the County Recorder for Wright County, Minnesota, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in,
consents, and is subject to the above referenced Grant of Permanent Easement.
WELLS FARGO BANK, N.A.
By:
Its:
By:
Its:
119189 5
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ______ day of
________________, 2008, by __________________________ and by
_________________________ the _____________________________ and
_____________________________ of Wells Fargo Bank, N.A. of _________________, a
National Banking Association under the laws of the United States of America, on its behalf.
_____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651-452-5000
JJJ/srn
City of Monticello Guide for Wetland Protection
The City of Monticello has developed this brochure to inform residents of the benefits of
liv*,ng along the community*s wetland areas, to provide tips for protecting and enjoying the
open water, and to inform property owners of regulations regarding these spaces.
77
MOINTICELLO
Storm Water Ponds
Stormwater Management Stormwater Treatment
All runoff fircm streets, houses, and yards is directed to Stormwater Ponds remove sediment from water before
these ponds so that they can provide flood protection. it reaches natural wetlands, Tivl streams, and loke5,
This also improves water quality removing excess
T hese ponds control downstream flooding and erosion
nutrients from the water system.
by holding storm water and releasing It slowly.
Ili
Open Water or Normal Water Level
This is where 4-5 feet of water is stored as a permorent
pool, or the normal water level of a pond.
In this location there is a native wetland vegetation
planting, approximately I 115 up from normal water
level, These are taller grosses reaching heights of
A8 inches.
Short Native Prairie Gross and Wildflowers
The height of this grass reaches het een, 12-18 inches,
In addition to a number of pra'rie species also planted
in this grass, are 47 different types of torts (witdflowers).
The shorter grasses are in place to proVide an open
view to the wet'ond cel rather than have the, taller
grasses grow to tl�e -top.
Stormwater Ponds can be homes for wildlife, especially
when they take on wetland characteristics.
17111OW-41
- - - ----- - -- - ------
To help protect the community's natural resources, the City of Monticello has developed areas known as
conservation easements". The establishment of these spaces creates uniform ponds and a scenic asset to
neighborhoods.
I I
Benefits of Having a Conservation Easement
Water Quality - Vegetatior, reduces impacts to water from adjacent upland
and water word activities.
Aesthet'cs - A uniform landscape along the sides of the pond provide an
aesthetic amenity for the neighborhood and City.
Wildlife - Undisturbed wetland vegeta'ion provide habitot and shelter for
waterfowl.
A*
OIL -
In order to protect and maintain Conservation Areas, the My of Monticello
has adopted the following restrictions:
No filling or grading
No fetaining walls
No structures
Conservation easements act as a buffer between deve!opment and natural resources. Runoff from lawns and
z
houses contain chernicals and fertilizers, which expedite the eutrophication of storm titer, causing green algae to
form. Conservation easements provide a buffer of vegetation that provides a foyer of pro*ection for water,,
consuming nutrients before they get to the pond. The vegetation a'so prevents erosion from compromising the side
slopes of the pond.
To help protect and maintain Conservation
easements in your neighborhood, property
owners are encouraged to:
* Cleon up debris arwosTe on pond edges
# Repaq any filling, groding or dumping ir, to the
we t1and cress
Planning Commission Agenda: 4/03/12
1
8. Community Development Director’s Report. (AS)
CCD Ordinance Rewrite
The ad hoc task force is meeting prior to the regular Planning Commission meeting on April
3rd at 4:30 PM to review the latest draft ordinance materials. The group will also be setting
the date for an ordinance open house for downtown stakeholders and discuss the possibility of
arranging separate meetings with adjacent residential properties owners regarding the new
ordinance.
Transportation Advisory Committee (TAC) Update
As Planning Commission may recall, the TAC has settled on three preliminary concept
alignments for the proposed Fallon Avenue overpass. With those concepts in place, the City
Council authorized engineering staff to arrange meetings with the various stakeholders and
property owners impacted by the proposed Fallon Avenue project. These meetings are
currently underway. Once complete, Bruce Westby will bringing the results of those
meetings, and the three concepts, forward to the City Council for review and action. At that
time, an update will also be provided to the Planning Commission.
Regarding the second river crossing, Bruce Westby is in the process of arranging a meeting
the first week of May to include representatives from local and regional agencies and
governmental units for a renewed discussion on planning progression for that project.
For more information on either of these projects, please contact City Engineer Bruce Westby
at 763-271-3236 or bruce.westby@ci.monticello.mn.us.
SE Corner of TH 25/CSAH 75
A background piece was emailed to the Planning Commission as related to redevelopment
efforts in the downtown area. In addition to the broader downtown, progress has been made
in relationship to potential redevelopment and infrastructure improvement projects at the SW
corner of TH 25/CSAH 75. A special joint meeting of the City Council and EDA will occur
on April 11th, to discuss next steps for that area.
Quarry Church
The City Council approved the zoning map amendment (I-2 to B-2) for Quarry Church in a 4-
1 vote. Quarry Church has since submitted a site plan application for the proposed Phase I
office use. Both the Phase I office use and the proposed Phase II worship space (Places of
Public Assembly) use are permitted uses within the B-2 District. As such, both require only
administrative site plan review and approval.
Planning Commission Agenda: 4/03/12
2
Subdivision Ordinance Amendment
Less comprehensive in nature than taking on an entire zoning ordinance, MFRA is preparing a
scope of work with timeline and budget estimate for the subdivision ordinance that
incorporates the following goals:
1. Balance the subdivision needs for residential, commercial, industrial and public segments
of land use.
2. The ordinance must be drafted in support of the adopted 2008 Monticello Comprehensive
Plan Update and Zoning Ordinance.
3. The ordinance must comply with all current Minnesota State Statute requirements and
elimination inconsistencies with case law.
4. The ordinance will be drafted in a web-based format, or allow for seamless conversion
into a web-based format – constructed similar in format to the Monticello Zoning
Ordinance.
5. The ordinance revision will include cross-references to other City planning documents and
tools, including, but not limited to, the Comprehensive Plan, Zoning Ordinance, City
Code, Plan Requirements and Design Guidelines, and Natural Resource Inventory &
Assessment. (Will require coordination with Engineering Department)
6. The ordinance will be re-organized in a intuitive and logical manner to maximize ease of
use for staff and the general public.
7. The ordinance will incorporate visual elements, diagrams and tables in support of
legibility and ease of use.
Ben Gozola has been out, but will be providing an estimate for consideration. Staff will
provide an update at the next meeting. The goal is to have an adopted ordinance by
December, 2012.
Growth Projections Update
An estimate from NAC on completing the growth projections update is included for reference.
MEMORANDUM
TO: Angela Schumann
FROM: Stephen Grittman
DATE: March 29, 2012
RE: Monticello – Population and Housing Projections
NAC FILE: 802
This memo transmits a quote for preparing updated projections for Monticello’s
population and housing as of April, 2012. The project can be completed within ten
days, and would entail use of the following source documents:
2010 US Census of Housing and Population
US Census American Community Survey (various publications)
Monticello Comprehensive Plans, including both current and prior versions
State of Minnesota Office of State Demographer data and projections
Various population and housing data for surrounding communities in Wright,
Sherburne, and Hennepin Counties.
City of Monticello building permit data
Other applicable resources as available.
Assistance and consultation with Monticello City staff members
We would prepare the projections in five year increments through 2035. We estimate
the following time and costs:
Data collection and assembly: NAC staff – 12 hours at $50 per hour: $ 600
Data projection and report: NAC principal – 10 hours at $118.50/hr: $1,185
Total estimate of charges: $1,785.00
We are prepared to initiate work at your direction. Please let me know if you have any
questions.