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Planning Commission Agenda 07-03-2012 REGULAR MEETING MONTICELLO PLANNING COMMISSION Tuesday, July 3rd, 2012 6:00 PM Mississippi Room, Monticello Community Center 5:00 PM – Presentation, Podawiltz Development – Mississippi Room Commissioners: Brad Fyle, Charlotte Gabler, William Spartz, and Barry Voight Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman 1. Call to order. 2. Consideration to approve Planning Commission minutes. a. Special meeting of May 29th, 2012 b. Regular Meeting of June 5th, 2012 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing – Consideration of a request for amendment to the Official Monticello Zoning Map and amendment to the Monticello Zoning Ordinance, Chapters 3.5(G) – Central Community District; Chapter 4, Section 1 – Landscaping, Section 4 – Exterior Lighting, Section 5 – Signs, Section 7 – Transitional Features, Section 8 – Off-Street Parking, Section 11 – Building Materials; Chapter 5, Section 1 – Use Table; and Chapter 8, Section 4 – Definitions, as related to regulations pertaining to the Central Community District (CCD). Applicant: City of Monticello 6. Public Hearing – Consideration of a request for Rezoning from B-3 (Highway Business) to B-4 (Regional Business) and a Conditional Use Permit for Cross-Parking and Joint- Parking for a commercial development including a Clinic use. Applicant: Mickle, Bill/Warnert Commercial Properties 7. Public Hearing – Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapters and Sections as follows:  3.3(D) – Common Yard & Height Requirements  3.4(E) – Single-Family Residential District  3.4(H) –R-3 – Medium Density Residential District  3.7(H) – Performance Overlay District  4.3(C)– Fences and Walls  4.8 - Off-Street Parking  5.1 - Use Table  5.3(G) – Regulations for Industrial Uses  5.3 - Accessory Uses  5.4 - Temporary Uses  8.2 – Rules of Measurement  8.4 - Definitions 8. Detached Accessory Structure Update 9. Resignation of Commissioner Voight 10. Community Development Director’s Report 11. Adjourn. SPECIAL MEETING MINUTES MONTI CELLO PLANNING COMMISSION Tuesday, May 29, 2012 - 5:30 PM Mississippi Room, Monticello Community Center Commissioners Present: Brad Fyle, Charlotte Gabler, Barry Voight Commissioners Absent: William Spartz Council (Liaison: Lloyd Hilgart Stam. Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC 1. Call to order Commissioner Brad Fyle called the meeting to order at 5:30 p.m. 2. Consideration of adding items to the agenda None 3. Public Hearing —Consideration of adopting Ordinance #560 approving a text amendment to Title 10 of the Monticello Zoning Code allowing Entertainment/Recreation — Indoor Commercial as a Conditional Use in an IBC (Industrial and Business Campus) District and approving a Conditional Use Permit for Entertainment/Recreation — Indoor Commercial for Lots 6.7. & 8. Block 2. 155-029-29002080. Applicant: Commercial Realty Solutions/Wayne Elam Planning Case Number: 2012-017 The applicant proposed locating an indoor baseball training facility at 406 7th Street East. City Planner Steve Grittman noted that the request required a change to the current zoning ordinance language to accommodate indoor commercial recreation as a Conditional Use in the Industrial and Business Campus (IBC) District. Such use is already permitted in the B-4 General Business District and the Central Community District and is a conditional use in the I-1, Light Industrial and I-2, Heavy Industrial Districts. It would be reasonable to allow such a use in the IBC as it is a transitional district. He then pointed to the need to also establish a Conditional Use Permit to allow an indoor baseball training facility. Under the proposed ordinance amendment, in the IBC District, Entertainment/Recreation - Indoor Commercial would be allowed by Conditional Use Permit, subject to the following requirements which are applicable to the use in any zone, whether permitted or conditional (per Section 5.2F[I I]): (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of the Ordinance. (d) When abutting a residential use, the property shall be screened with an Planning Commission Minutes — 05/29/12 aesthetic buffer in accordance with Section 4.1(G) of the Ordinance. Steve Grittman also noted that, in addition to these requirements, there are a number Conditional Use Permit Criteria in Chapter 2.4 (13)(4), as follows: (a) Conditional Use Permit Criteria Approval of a Conditional Use Permit application requires that the City find that conditions can be established to ensure that all of the following criteria will always be met: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; (iv) The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City code requirements; (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. The proposed facility would occupy some 8,000 square feet in the southeast corner of the building which also houses the Monticello Workforce Center and would utilize the existing parking lot on the south side of the building. Traffic and other impacts are expected to minimal. No outdoor training activities are proposed. There would be less than 10 people within the training facility. Hitting activities are to be conducted with a simulator. Netting would be hung on the ceiling and walls to provide noise mitigation. Barry Voight asked why the facility should be limited to baseball training and pointed out that it might be better to broaden the scope to a sports training facility. Steve Grittman 0 Planning Commission Minutes — 05/29/12 indicated that the conditions included are based on using the facility for baseball training and that the applicant has no plans to broaden the facility use. He stated that the applicant or future tenant could request an amendment should the use change. The public hearing was opened. Real estate broker and property representative Wayne Elam indicated that professional ball player Mike Kingery owns a number of such Solid Foundation Baseball Schools throughout Minnesota and would like to regionalize at this larger location. He agreed that noise wouldn't be a problem as a batting simulator would be used, the insulated concrete wall panels would likely be 8-9 inches thick, and there would be netting on the ceiling and walls. He stated that there would typically be 8 in attendance at a full training. He also noted the separate entry and parking on the interstate side of the building. Charlotte Gabler asked if the facility would be in operation year round or if it had peak seasons. Wayne Elam said that the athlete training would be conducted year round. As there was no further public comment, the public hearing was closed. Barry Voight again asked if the Commission would object to taking out the word baseball in the conditions. Charlotte Gabler said that the Planning Commission should have the opportunity to consider a new Conditional Use Permit request if facility conditions were proposed to change. Commission Liaison Lloyd Hilgart asked if the conditions listed in Exhibit Z would be required if the building was empty and if conditions regulating use might instead be left up to the building owner. Steve Grittman stated that a number of conditions may not be applicable as they relate to impact upon building tenants but that it is prudent to try to mitigate potential negative impacts. BARRY VOIGHT MOVED TO ADOPT ORDINANCE NO.560 ESTABLISHING ENTERTAINMENT/RECREATION - INDOOR COMMERCIAL AS A CONDITIONAL USE PERMIT IN THE IBC ZONING DISTRICT. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 3-0. BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012-051 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN INDOOR BASEBALL TRAINING FACILITY AS PROPOSED IN THE APPLICATION OF MAY 8, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3-0. Exhibit Z — Conditions of Approval Entertainment/Recreation - Indoor Commercial Baseball Training Facility at 406 East 7th Street Planning Commission Minutes — 05/29/12 • Indoor orientation for thrown or batted balls shall be designed to avoid contact with common walls of other tenant spaces. • Padding or other wall protection shall be utilized to avoid contact with common walls where activity orientation is uncontrolled to minimize/avoid noise conflicts with other tenant spaces. • Capacity of the occupied space shall be a maximum of 35 persons including staff and clients at any one time to avoid conflicts with other site uses. Utilization by more than 35 persons shall require an amendment to the CUP, and potentially require other site or building improvements. • The CUP is for baseball training only and is approved due to the unique attributes of the use and the representations of the applicant. • Outdoor baseball training activities upon the subject property shall be prohibited. • Accessibility the site building entrance, including handicap accessible parking, is subject to the review and comment of the Department of Building Safety. • Site signage shall be subject to the requirements of the City's sign ordinance and shall require application for sign permit. 4. Adjourn Brad Fyle adjourned the meeting at 5:54 PM. Recorder: Kerry T. Burri Approved: July 3, 2012 Attest: Angela Schumann, Community Development Director M MINUTES MON'I ECELLO PLANNING COMMISSION Tuesday, June 5, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners: William Spartz, Barry Voight, Charlotte Gabler, and Brad Fyle Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackemnueller, Steve Grittman-NAC 1. Call to order Commissioner Spartz called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes a) Regular Meeting of May 1 ", 201 BRAD FYLE MOVED TO APPROVE THE MINUTES OF MAY 1, 2012. BARRY VOIGHT SECONDED THE MOTION. MOTION CARRIED 4-0. b) Special Meeting of May 15th, 2012 BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF MAY 15, 2012. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4-0. 3. Citizen CommeDts None 4. Consideration of adding items to the agenda • Candidate Update • Fleet Farm Update 5. Public Hearing - Consideration of a request for Variance from required building setbacks for a detached accessory structure in an R-1 (Single -Family Residential) District. Applicant: Bauer Construction, Inc. Location: Lot 10, Block 1, Briar Oakes Estates 2nd, 994 Shady Oak Circle PID 155097001100 Angela Schumann stated that the applicant had withdrawn the request for variance. Planning Commission members instead discussed the zoning ordinance related to the request. Barry Voight stated that he would like to see the ordinance amended so that a variance would not be required to construct a major accessory structure within six feet of a principal structure. He said that after a visiting the site he understood why the applicant would want to build in the proposed location. He suggested that accessory structure location decisions should be subject to the property owner's discretion. Planning Commission Minutes — 06/05/12 Bill Spartz asked staff if an amendment would violate the building code. Building Official Ron Hackenmueller stated that amending the zoning ordinance would create conflict with the Fire Code. Monticello's ordinance requires a separation for zoning purposes and sets that separation at six feet since it tracks with the fire code standard. He noted that a shed would need to be sheetrocked on all sides to meet fire code separation regulations. Steve Grittman suggested that staff develop further information about this issue rather than prepare an ordinance amendment. He noted that the six foot rule isn't arbitrary and that it reflects compliance with other codes. Brad Fyle recommended that the zoning code should not override the building code. Charlotte Gabler agreed. Bill Spartz stated that he does not want an amendment at this time but asked that staff provide additional information on this issue. 6. Public Hearing - Consideration of a request for Administrative Lot Combination and Conditional Use Permit for detached accessory structure an R-2 (Single & Two - Family Residential) District. Applicant: Michaelis, Jeff , Property Location: Lots 1 & 2, Block 38, Lower Monticello, 618 and 630 East 4th Street Planning Case Number: 2012-019 Steve Grittman summarized that the applicant proposed to purchase approximately 7,720 square feet of land from the abutting parcel to the west (618 East 4th Street) and combine it with his property (630 East 4th Street) via simple subdivision. Within the land area to be acquired, the applicant proposed to construct a 576 square foot detached accessory garage. The applicant's home presently has an 864 square foot attached garage. According to ordinance, the combination of attached garages and detached accessory buildings in residential zoning districts may not exceed 1,200 square feet except by conditional use permit. In consideration of conditional use permit applications, Chapter 2.4 (D) of the Ordinance establishes a number of criteria that must be satisfied. These are as follows: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area, (iv) The conditional use will notpose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all 2 Planning Commission Minutes — 06/05/12 storage on the site can be done in conformance with City code requirements; (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 fog° the proposed use. Chapter 5.3.D. of the Ordinance states that if more than 1,200 square feet of accessory storage space is to be allowed upon a residentially zoned lot, certain conditions must be satisfied. The following is a listing of the various conditions: 1. The total accessory storage space shall not exceed 1, 500 square feet. 2. 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. 3. 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. 4. 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. 5. The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. The public hearing was opened. Property owner Jeff Michaelis of 630 East 4th Street stated that the owner of the property next door is willing to sell him the rear portion of the lot so that he can build a garage to be used for storage. Angela Schumann noted that the applicant's name would be corrected in the resolution. As there were no further public comments, the public hearing was closed. Brad Fyle asked if there was a drainage and utility easement to be vacated between the properties. Staff reported that there is a utility easement on south side of property but that the proposed garage is outside of that easement. Decision 1: Recommending Resolution 2012 — 054 approving the Simple Subdivision (to convey a portion of 618 East 4th Street to 630 East 4th Street) as depicted upon the certificate of survey dated May 14, 2012. Planning Commission Minutes — 06/05/12 BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012 — 054 RECOMMENDING APPROVAL OF THE SIMPLE SUBDIVISION APPLICATION DATED MAY 10TH, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4-0. Decision 2: Recommending Resolution No. 2012-054 approving a Conditional Use Permit to allow more than 1,200 square feet of accessory storage space upon property located at 630 East 4th Street. BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012 — 054 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW MORE THAN 1,200 SQUARE FEET OF ACCESSORY STORAGE SPACE UPON THE SUBJECT PROPERTY AS PROPOSED IN THE APPLICATION DATED MAY 10, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4-0. Exhibit Z Simple Subdivision Conditions of Approval 618 East 4 1h Street and 630 East 4 Street • The City Engineer shall provide comment and recommendation regarding grading, drainage and related easement issues. • The applicant shall record the certificate of survey with the County Recorder within 100 days of City Council approval. Conditional Use Permit Conditions of Approval 630 East 4th Street • The City shall approve the requested Simple Subdivision as graphically depicted upon the certificate of survey dated May 14, 2012. • A building permit for the accessory structure shall not be issued until such time as the certificate of survey has been recorded. • Accessory building space (attached and detached) shall be utilized solely for the storage of residential personal property of the occupant of the principal dwelling. • No accessory building space shall be utilized for commercial purposes. • The submitted accessory building elevations shall be modified to specify the direction of the structure's overhead door upon the subject site. • Exterior finish materials and color of the detached accessory building shall match the site's principal structure. • Only one driveway is permitted for the single family parcel, in accordance with the Zoning Ordinance regulations for residential property. El Planning Commission Minutes — 06/05/12 Angela Schumann noted that, due to the unanimous vote, this item would go before City Council as a consent agenda item on June 11th. 7. Public Hearing — Consideration of a request to extend an existing Interim Use Permit for the Alternative Learning Program (ALP) Applicant: Monticello Independent School District Planning Case Number: 2012-018 The Alternative Learning Program of the Monticello School District requested approval for an extension of their Interim Use Permit to operate a K-12 education program in an I- 2, Heavy Industrial, zoning district located at 1208 Edmonson Avenue. The original permit was considered for the 1997-1998 school year, and was approved concurrent with an ordinance amendment imposing three conditions similar to the three conditions listed in Exhibit Z. The City has extended this interim use permit for five 3 - year terms since the original application. Although the parcel was designated as "Places to Shop" in the 2008 Comprehensive Plan, rezoning the property to a commercial zoning district would exclude the K-12 Education use, as such use is not listed as either conditional or interim in any commercial zoning district. K-12 Education uses are allowed by interim use permit in the I-1 and I-2 Districts. Existing zoning is appropriate given the current and proposed continued use. The applicant has indicated that they would like the ability to continue utilizing the site for as long as possible. The ordinance requires that the applicant enter into a consent agreement with the City which outlines the interim nature of the use and assigns approved conditions. In addition to the specific conditions assigned with the original interim use permit, zoning ordinance 5.2(D)(7) stipulates additional requirements as follows. K-12 Schools (public or private): (a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. The proposed interim use complies with both of these requirements. The principal building and lot comply with base zoning regulations, with the exception of building setback and curbing of required parking area. These are existing non- conforming site conditions which are not impacted by this application. Brad Fyle noted that the facility isn't in the greatest location but that it seems to be 0 Planning Commission Minutes — 06/05/12 working out. Bill Spartz agreed. The public hearing was opened. Hearing no public comment, the public hearing was closed. BARRY VOIGHT MOVED TO RECOMMEND APPROVAL OF THE INTERIM USE PERMIT FOR THE ALTERNATIVE LEARNING PROGRAM, BASED ON A FINDING THAT THE USE CONTINUES TO RAISE NO ISSUES WITH THE SURROUNDING USERS, AND CONTINUES TO COMPLY WITH THE CONDITIONS ABOVE, SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z AS FOLLOWS. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4-0. Exhibit Z Interim Use Permit —1248 Edmonson Avenue NE, Monticello School District ALP • A short-term termination date of three years is established to ensure that the City's development objectives are not affected by the location of the school facility. • The building shall be remodeled only to the extent that convenient re -use would still be possible. • The parking shall be evaluated annually during the term of the interim use permit to determine adequacy for the interim school use of the property. Any required expansion of the parking area to meet parking needs will require curbed perimeter. Angela Schumann noted that, due to the unanimous vote, this item would go before City Council as a consent agenda item on June 11th. 8. Transportation Advisory Committee Appointment With the resignation of Planning Commission Chairman Rod Dragsten, the Planning Commission representation seat is open on the City's Transportation Advisory Committee (TAC). Staff briefly reviewed the role of the TAC and asked that Planning Commission members consider appointing a representative to the committee to act as a liaison between the two bodies. Barry Voight noted that he would be interested but had some concern about his schedule. Charlotte Gabler suggested that the Commissioners share the responsibility. Staff agreed that would work as an interim measure and suggested that over time one member may decide to represent the Planning Commission on the TAC. Staff will let the commissioners know when the next TAC meeting would be scheduled. 9. Community Development Director's Report • Candidate Update - Staff reported that there had not yet been applications submitted for the open Planning Commission position. Previous candidates are no M Planning Commission Minutes — 06/05/12 longer interested. The City will continue to advertise on the city website, the chamber newsletter, the weekly e -news and on Facebook. Charlotte Gabler extended the request for applications to those watching the Commission meeting broadcast. • Fleet Farm Update - Bill Spartz asked why Fleet Farm wasn't included in the recurring extension request agenda. Staff noted that the City Council had approved a two-year extension for Fleet Farm in response to their extension request submitted in 2011. 10. Adjourn BARRY VOIGHT MOVED TO ADJOURN THE MEETING AT 6:37 PM. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4-0. Recorder: Kerry T. Burri Approved: July 3, 2012 Attest: Angela Schumann, Community Development Director 7 Planning Commission Agenda – 7/03/12 1 5. Consideration of a request for amendment to the Official Monticello Zoning Map and amendment to the Monticello Zoning Ordinance, Chapters 3.5(G) – Central Community District; Chapter 4, Section 1 – Landscaping, Section 4 – Exterior Lighting, Section 5 – Signs, Section 7 – Transitional Features, Section 8 – Off-Street Parking, Section 11 – Building Materials; Chapter 5, Section 1 – Use Table; and Chapter 8, Section 4 – Definitions, as related to regulations pertaining to the Central Community District (CCD). Property: The CCD zoning district comprises the traditional downtown area of Monticello, roughly between I-94 and the Mississippi River, and between Linn or Maple Streets on the west, and Cedar or Palm Streets on the east. Planning Case Number: 2012 - 005 A. REFERENCE & BACKGROUND Request(s): Amendments to the Zoning Ordinance encompassing various sections in Chapters 3, 4, and 5. Deadline for Decision: NA Land Use Designation: Downtown Zoning Designation: CCD, Central Community District “The purpose of the “CCD”, Central Community District, is to provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly, to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines.” [proposed language] Current Site Use: Various. Surrounding Land Uses: North: Mississippi River (municipal boundary) East: R-1, R-2 – mixed residential South: I-94 – commercial West: R-1, R-2 – mixed residential, commercial Planning Commission Agenda – 7/03/12 2 Project Description: The amendments are intended to incorporate the updated downtown Monticello planning resulting from the adoption of the “Embracing Downtown Monticello” project. The “Embracing Downtown” plan was adopted as an amendment to the Monticello Comprehensive Plan in 2011. Ordinance Requirements: NA Summary of proposed changes: The attached document consists of a series of proposed changes to the zoning ordinance that are designed to incorporate the outcomes of the Embracing Downtown Monticello revitalization project, particularly for zoning purposes, and its recommendations for physical changes to the downtown area. The existing CCD zoning district was developed after the City had completed its initial Downtown Revitalization study in the late 1990s, a plan which looked for ways to capitalize on the existing downtown geography and infrastructure, both public and private. The Embracing Downtown project, on the other hand, moves the City toward significant changes in the physical layout of the downtown, while continuing to encourage many of the visual characteristics of traditional downtown development. In the period between downtown planning efforts, the City has adopted a new zoning ordinance which restructures the various zoning regulations applicable to specific areas and uses. As a result, the new CCD ordinance language builds in both substantive changes to the City’s zoning regulations in the downtown, as well as changes to the way those regulations are displayed in ordinance form. Procedurally, the proposed CCD regulations accompanying this report were developed out of an ad hoc committee of volunteers who met with staff to discuss impacts of the Embracing Downtown recommendations, as well as how those recommendations would translate into code. The committee consisted of property owners in the downtown area, two representatives of the Planning Commission and a City Council member. The committee met a number of times, first participating in an exercise examining options for redevelopment in the downtown area, then reviewing staff-generated draft text. An open house for public comment on the proposed ordinance components was held in May of 2012, with notice going to property and business owners in and around the CCD area. The draft CCD changes were presented to the public, and comments were received Planning Commission Agenda – 7/03/12 3 and then discussed by the committee. From that process, the attached ordinance amendments have been prepared for formal consideration at the Planning Commission public hearing. Comments from the public to date have consisted primarily of clarifications as to how the proposed ordinance would impact individual property, particularly when the property owner has no foreseeable wish to change. In this vein, it should be noted that changes to zoning do not require, or even suggest, that the City is actively pursuing development changes on private property. The new CCD regulations, no different than the current zoning, apply to property owners at the time they seek to build or develop on their property. To the extent that new regulations create non-conformities out of existing developed conditions, those non-conformities are “grandfathered” in to place. It should be pointed out that current state law allows property owners the right to replace and maintain existing non-conforming conditions, even when maintenance and/or replacement is the result of actions of the property owner. Many property owners remember former regulations that did not permit replacement of non-conformities lost due to intentional removals, or when storms damaged more than 50% of their property. This latter regulation only applies now if a non-conformity is damaged or removed without replacement during a 6 -12 month timeframe. In short, the vast majority of property owners are unaffected by new zoning regulations until they wish to create new or redeveloped buildings, uses, or improvements on their property. The zoning addresses future planning, but not current use. Zoning Map Changes: The Embracing Downtown Plan included a “Design Guidelines Use Areas” map, upon which specific uses and standards for various uses throughout the balance of the CCD ordinance are based. To effectively administer the proposed zoning changes, the City must adopt the Design Guideline Use Areas into its Zoning Ordinance. Rather than attempt to incorporate the various sub-districts into the CCD on the Official Zoning Map, the proposed ordinance amendment instead proposes to include the Design Guidelines Use Areas map into Section 3.5(G). It should be noted that the Embracing Downtown Plan also identifies two blocks east of Cedar Street as potential areas for future rezoning into the CCD. Staff have not included the rezoning of these parcels in this amendment consideration. Rather, the rezoning of those parcels will be reviewed separately as part of a future public hearing. Planning Commission Agenda – 7/03/12 4 Proposed Ordinance Changes: Chapter 3.5 (G). This section is the title section for the CCD. Changes here include a revised purpose statement reflecting the adoption of the Embracing Downtown Monticello report, along with its Design Guidelines and associated materials. Also changing is the inclusion of a more comprehensive development standards table (since the CCD is broken into several subdistricts by the “Embracing” project), and a set of more specific definitional changes that relate to specific uses in the downtown, and how those uses are addressed by the Embracing Downtown plan. For example, Office uses are broken down into a series of subsets to distinguish between those uses appropriate in traditional administrative settings where parking, access to major roadways, etc. is different from office uses that attract walk-in business and act like retail outlets. Chapter 4. Chapter 4 contains the “Finishing Standards” of the zoning ordinance – performance standards that apply generally to any new development activity. Because the Embracing Downtown plan identifies a series of much more specific design guidelines, and further breaks the CCD into a series of sub-districts, a number of special finishing standards are proposed to be added to this chapter, including landscaping, lighting, parking, and building materials.  4.1, Landscaping. The addition to this section is to specify that site landscaping must be able to incorporate green space on property that may have limited green space. The clause specifies a minimum 10 percent coverage, including decorative paved spaces and landscaping, not including required parking lot islands, but including boulevard plantings (given that many buildings in the CCD will have minimal setbacks, and may move landscaping into the boulevard spaces to enhance the site. As always, boulevard plantings and/or paving is subject to City approval as it is right-of-way.  4.4, Lighting. The addition to this section specifies that both private and public area lighting is required to match the approved design standards as adopted from the Design Guidelines or other City Council direction.  4.8, Parking. This section incorporates a few minor changes to coordinate language with the Land Use Tables in Chapter 5, and adds some clarifying insertions. Two substantive changes are included.  First, the language requires specific Planning Commission and City Council approval to construct parking areas that are in front of buildings, that is, between the building and the street. In traditional downtown areas, Planning Commission Agenda – 7/03/12 5 front-lot parking areas tend to disrupt the flow of pedestrian-oriented business traffic, and are often discouraged. Under the Embracing Downtown plan, however, some areas – especially those with exposure to Highway 25, will benefit from a more “suburban” commercial model. In these areas, the City can approve parking lots adjacent to the street as consistent with the overall downtown plan.  Second, the proposed code specifies that cross parking access can occur without the need for special permits or approvals. The City’s general standard establishes a setback for parking lots (6 feet in the CCD), and then allows cross-parking by Conditional Use Permit. This proposed change would exempt CCD properties from the CUP requirement for cross parking, since it is encouraged in order to minimize total parking supply necessary to serve to the area.  4.11, Building Materials. This is a relatively simple change to expressly incorporate the Embracing Downtown Design Guidelines as controlling requirements for buildings and site development in the CCD. Chapter 5. This chapter includes materials related to specific land uses in the City, first establishing a table identifying which uses are allowed in which districts (and whether they are permitted, conditional, etc.). The chapter also includes language that sets specific standards for various land uses, some of which may apply across the board to that use, and some of which may apply when a CUP is necessary, or the use is proposed to be located in certain zoning districts. The proposed changes affect both of these sections of the chapter. With regard to the use table (Table 5-1), the CCD uses are withdrawn from the table and incorporated into a new table (Table 5-1A), and broken down by sub-district. Table 5-1A includes reference links to the specific standards for the various uses that follow in Section 5.2. Several of those references relate to existing requirements of the zoning ordinance, while several others incorporate new language. A clerical change to this section occurs in a few areas, intended to synchronize how certain land uses are referred to in various parts of the code. Chapter 8. The definitions included with the proposed amendments will be included within Chapter 8, Section 3, prefaced by the term “CCD” to differentiate them from other similar use classes outside of the CCD. Planning Commission Agenda – 7/03/12 6 B. ALTERNATIVE ACTIONS Decision 1: Resolution of Recommendation for Zoning Ordinance Amendments relating to the CCD zoning district. 1. Motion to approve Resolution 2012-062 recommending approval of the zoning ordinance amendments to the CCD zoning district, based on findings as stated in the resolution. 2. Motion to deny Resolution 2012-062 recommending the zoning amendments, 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 Staff recommends Alternative 1, adopting the resolution and the amendments. As noted, the proposed zoning amendments are intended to implement the recommendations of the City’s Embracing Downtown Monticello plan. The changes being made will facilitate new development consistent with the plan, and provide flexibility in application to allow the City to work with property owners to achieve the goals for Monticello’s downtown area as adopted. D. SUPPORTING DATA A. Resolution 2012-062 B. Aerial Image of the Central Community District C. City of Monticello Official Zoning Map D. Draft CCD Ordinance Language – Ordinance #562 a. Section 3.5(G), including Embracing Downtown Figure 22 – Design Guidelines Use Areas and Definitions (to be included in Chapter 8) b. Section 4.1 c. Section 4.4 d. Section 4.8 e. Section 4.11 f. Section 5.1 g. Section 5.2 E. Embracing Downtown Design Guidelines CITYOFMONTICELLOPLANNINGCOMMISSION WRIGHTCOUNTY,MINNESOTA RESOLUTIONNO.2012–062 Date:July3,2012ResolutionNo.2012-062 MotionBy:SecondedBy: ARESOLUTIONRECOMMENDINGAPPROVALOFAMENDMENTSTO THEMONTICELLOZONINGORDINANCERELATINGTOZONINGREGULATIONS RELATINGTOTHE“CCD”,CENTRALCOMMUNITYZONINGDISTRICT INTITLE10,CHAPTERS3,4,5,AND8 SECTIONS3.5(G),4.1,4.4,4.8,4.11,TABLE5-1,SECTION5.2ANDSECTION8.3 WHEREAS,theCityofMonticellohasadoptedazoningordinanceincludingregulationsfortheuses anddevelopmentofitsdowntownarea;and WHEREAS,theCityofMonticellohasadoptedanamendmenttoitsComprehensivePlanentitled “EmbracingDowntownMonticello”,whichdocumentdescribesadevelopmentandredevelopment planforthedowntownarea;and WHEREAS,theCityofMonticellohasfoundthatcertainamendmentstothezoningregulations affectingthedowntownareawillbenefittheintentoftheregulationsandtheprocessforapplication undersuchregulations;and WHEREAS,theproposedamendmentshavebeendevelopedandreviewedbymembersofthe public,includinganopenhousemeetingtowhichaffectedpropertyownerswereinvitedandwerein attendance;and WHEREAS,thePlanningCommissionhasconductedapublichearingonJuly3,2012toreceive publiccommentontheproposedamendmentstotheZoningOrdinance;and WHEREAS,thePlanningCommissionhasconsideredallofthecommentsandthestaffreport, whichareincorporatedbyreferenceintotheresolution;and WHEREAS,thePlanningCommissionoftheCityofMonticellomakesthefollowingFindings ofFactinrelationtotherecommendationofapproval: 1.TheamendmentsareconsistentwiththeintentoftheComprehensivePlan. 2.TheamendmentswillfacilitatetheCity’sgoalsforlanddevelopment. 3.Theamendmentswilldirectapplicantsinpreparingapplicationsandproceedingthrough developmentinthe“CCD”,CentralCommunityDistrictreviewprocess. NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof Monticello,Minnesota: ThePlanningCommissionrecommendsthattheCityCounciladopttheamendmentstothe MonticelloZoningOrdinanceaspresented. ADOPTED this3rddayofJuly2012,bythePlanningCommissionoftheCityof Monticello,Minnesota. MONTICELLOPLANNINGCOMMISSION By:_______________________________ WilliamSparks,Chair ATTEST: ___________________________________ JeffO’Neill,CityAdministrator (A) Central Community District Section 3.5 (G) CCD Central Community District Typical CCD Building TypesThe purpose of the “CCD”, Central Community District, is to provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly, to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines. All proposed development or redevelopment in the CCD shall be subject to the requirements of the Design Guidelines and other standards identified in the Embracing Downtown Monticello report. It is not the intent of this chapter to abrogate any general Zoning Ordinance requirements in the CCD, and all such requirements of the Monticello Zoning Ordinance apply fully within the CCD unless addressed separately by a more detailed CCD zoning regulation. Sub-Districts. The CCD is hereby divided into sub-districts, including three Flex Areas (F-1, F-2, and F-3), and eight Landmark Areas (L-1 through L-8). The City Council shall, in accordance with the process providing for zoning map amendments in the Monticello Zoning Ordinance, adopt a zoning map for the CCD area identifying the sub-district boundaries. Base Lot Area • No minimum Base Lot Width • No minimum Typical CCD Lot Configuration 113-1 TABLE 3-14: CCD DEVELOPMENT STANDARDS BY SUB-DISTRICT West 25 and Walnut East 25 and Cedar Transition Cargill Community Center/Liquor Public Open Space Freeway Commercial Development Standards F-1, L-1 F-2, L-2 F-3 L-3 L-4, L-6 L-5, L-7 L-8 Building Orientation Buildings should gain exposure from TH 25, or from major roadways Buildings should face TH 25 as primary exposure, provide access to parking Buildings should face major road- ways, minimize exposure to district boundary Provide access and exposure to streets; accommodate pedestrians Buildings should maximize exposure to local streets, preserve pedestrian connections Minimum Building TH 25: 10 feet Broadway: 10 ft TH 25: 10 feet Broadway: 10 ft Other Streets: None TH 25: 10 feet Broadway: 10 ft Other Streets: None 20 feet None None 20 feet Setback Other Streets: None Maximum Street Setback None 80 feet from Hwy. 25 only 15 feet None None None None Setback from Private Property w/in CCD None None 5 feet 20 feet None None 5 feet Setback from Private Property Zoned other than CCD 15 feet 15 feet 25 feet 40 feet 15 feet 15 feet 25 feet Signage Freestanding signs shall be of monument design, no more than 22 feet in height, and no less than 5 feet in width at base Freestanding signs shall be of monument design, no more than 22 feet in height, and no less than 5 feet in width at base Freestanding signs shall be of monument design, no more than 6 feet in height Freestanding signs shall be of monument design, no more than 16 feet in height, and no less than 5 feet in width at base Freestanding signs shall be of monument design, no more than 22 feet in height, and no less than 5 feet in width at base Freestanding signs shall be of monument design, no more than 16 feet in height, and no less than 5 feet in width at base Follow existing freeway bonus district allowance (32 feet height). Buffering Exempt from buffering generally. Where directly abutting single family residential, per Section 4.1 (G) Exempt from buffering generally. Where directly abutting single family residential, per Section 4.1 (G) Buffering required at the edge of the CCD per requirements of Zoning Ordinance, Section 4.1 (G) Buffering required at the edge of the CCD per requirements of Zoning Ordinance, Section 4.1 (G) Buffering required at the edge of the CCD per requirements of Zoning Ord., Section 4.1 (G) Buffering required at the edge of the CCD per requirements of Zoning Ord., Section 4.1 (G) Buffering required at the edge of the CCD per requirements of Zoning Ordinance Section 4.1(G) Maximum Residential Density = 2,420 square feet per unit (18.0 dwelling units per gross acre). Base Density = 3,000 square feet of lot area per unit (14.5 units per gross acre). The number of dwelling units may be increased up to the allowed maximum for projects which provide at least half of the required parking underground or in above-grade structures such as ramps or decks (including covered at-grade parking areas). Building Height • Minimum Height = 18 feet • Maximum Height = 60 feet 113-2 Buildings may exceed 60 feet in height by conditional use permit, with enhanced site improvements, architecture, and building materials. Lot Coverage, Buildings • Minimum Building Lot Coverage = 20 percent • Maximum Building Lot Coverage = 90 percent Floor Area Ratio = Maximum Floor Area Ratio – None Accessory Structures • Trash handling equipment shall be located within buildings wherever practical. If located in a structure attached to, or detached from, the principal building, such structure shall screen the trash handling equipment from the view of all neighboring property and public rights of way, and shall be constructed of materials which comprise the principal building. Gates and/or doors shall be constructed of permanent opaque materials, matching the principal building in color, and shall be kept closed at all times other than when being used for access. Roofs for such structures are encouraged, but not required when the screening wall of the enclosure is at least eight (8) feet in height. • Any other accessory structures allowed in the CCD (see Table 5-4) shall meet all requirements of the CCD district applicable to principal buildings. Definitions With the division of the downtown area into zoning sub-districts, along with the particular intent for land use direction on a more detailed scale, specific definitions for certain land uses are applied to distinguish them from broader categories more typical of other districts. For the purposes of the CCD and sub- districts, terms shall have the meanings ascribed to them by the Monticello Zoning Ordinance, unless otherwise modified herein. COMMERCIAL LODGING: Establishments providing shelter and related accessory services to transient clients, usually on an individual nightly basis. Common examples may include hotels and motels, or bed and breakfast lodging, but shall not include units with full kitchen facilities, or where the units are capable of supporting tenancy for more than one month. COMMERCIAL OFFICES: Establishments at which the primary use is business conducted by office professional and administrative personnel, but where the function is primarily administrative or managerial, and where customers of the business rarely visit the premises. CONVENIENCE SERVICES: SPECIALTY FOOD, RETAIL, VEHICLE FUEL, AND DRIVE- THROUGH FACILITIES: Establishments which are designed to provide goods or services to traveling public, including convenience food to be consumed off-premises in disposable containers, automotive fuel sales and services (but not repair), and any facility provided as an accessory use to another principal activity designed to provide services to customers while in their vehicles. MEDICAL/CLINICAL OFFICES: Establishments at which the primary use is the provision of medical or dental services, at which patients come to receive direct services. Administrative support and related transactions may occur on site as accessory functions. 113-3 PROFESSIONAL OFFICES: Establishments at which the primary use is business conducted by office professional and administrative personnel, at which locations customers of the business will routinely visit the premises. Common examples include insurance, real estate, financial institutions, legal services, and the like. RETAIL SALES: Establishments at which the primary use is the stock of goods for sale to the general public – usually the end user, and where the transaction occurs. May include wholesale transactions, and showroom sales where the goods are stored and/or delivered from another location. Where a size limitation is imposed, such limitation shall apply to the total floor space within a single building. RETAIL SALES WITH SERVICE: Establishments where retail sales are the primary use, but which also include accessory on-site service, repair, fabrication or similar support functions related to the goods for sale. 113-4 53 Figure 22 – Design Guidelines Use Areas (J) Zoning District Specific Landscaping Standards (1) Residential Amenities (RA) District Landscaping Requirements RESERVED (2) Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: (i) 4.0 caliper inches of canopy trees or 4.0 caliper inches of canopy trees + 1 evergreen (ii) 6.0 caliper inches of ornamental trees (iii) No less than 1 shrub per 20 square feet of front yard area (iv) No less than 1 deciduous flower planting per 20 square feet of front yard area (b) No private driveway leading to a garage may be more than 18 feet in width. (c) Lot area that is not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. (d) A landscaping plan must be approved by the Community Development Department prior to issuance of a building permit. 170-1 170-2 (e) A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section. (3) CCD District Landscaping Requirements (a) No less than ten (10) percent of any parcel shall consist of landscaping, including plant materials, decorative paved surfaces, landscape structures, public art, water features, or other similar site improvements. This percentage shall not include required landscaping within parking lots or circulation areas, but may include pedestrian areas on private property. Tree and shrub planting shall be as required by the zoning ordinance, Section 4.1 (H) but may include trees planted within the public right of way abutting the property line toward meeting this requirement. (b) Landscaping within parking and circulation areas shall be as required by Section 4.1(F) of this ordinance. (c) All other landscaping requirements of Section 4.1 shall apply within the CCD. (4) Industrial and Business Campus (IBC) District Landscaping Requirements RESERVED (K) Landscaping Installation and Maintenance Standards (1) Time for Installation of Required Landscaping (a) Time Limit All required landscaping (including mulching and seeding) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a certificate of occupancy unless the Community Development Department grants an extension to this time limit in accordance with Section 4.1(K)(1)(b) below. (b) Extensions (i) The Community Development Department may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include but are not limited to the following: 1. Unusual environmental conditions such as drought, ice, or over-saturated soil (deep mud); 2. It is not yet the appropriate planting season for the approved plant species; 3. Credible evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant’s diligent effort to secure the required materials; or 4. Completion of utility work occurring in a proposed landscaped area is incomplete or delayed. 170-3 (ii) Upon receipt of a performance guarantee, the City may issue a temporary certificate of occupancy for a maximum period of up to 180 days. (2) Maintenance of Landscaping Materials The owner shall be responsible for the maintenance of all required landscaping. Such areas shall be maintained in accordance with the approved landscape plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed. (a) Damage Due to Natural Occurrence In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The Community Development Department shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation in making a determination on the extent of replanting requirements. (b) Protection during Operations The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails. (c) Maintain Shape All required trees (whether canopy, understory, or otherwise) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs which no longer serve the intended buffering or screening function shall be considered as damaged vegetation in need of replacement in accordance with Section 4.1(K)(2)(a) Damage Due to Natural Occurrence, and shall be replaced within one growing season. (d) Natural Death The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re-vegetation to replace the plant material unless the required landscape area no longer complies with the required standards of this section. Further, the screening is expected to remain effective continually, so any plant material which dies or ceases to function as a screen shall be replaced or reinforced immediately to conform to City ordinance. 170-4 (3) Agreement and Security A landscaping security shall be submitted with the building permit application. Such security guarantees that in exchange for building permit, the owner will construct, install and maintain all items shown on the approved plan and that they will replace and or correct any deficiencies or defaults that occur in the plan for a period of one complete year or two complete growing seasons subsequent to the complete installation according to approved landscaping plan. 186-1 4.4 Exterior Lighting (A) Purpose The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to: (1) Regulate Exterior Lighting to Mitigate Adverse Impacts Regulate exterior lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists; (2) Ensure Proper Insulation Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and (3) Provide Security Provide security for persons and land. (B) Applicability (1) In General The provisions of this section shall apply to all development in the City unless exempted in accordance with Section 4.4(C) below. (2) Time of Compliance An exterior lighting plan shall be submitted and approved along with an application for a Site Plan [Section 2.4(F)], Subdivision [City Code Title 11, Chapter 1], Building Permit [Section 2.4(I)], or Temporary Use Permit [Section 2.4(L)], whichever occurs first. (C) Exemptions The following is exempted from the exterior lighting standards of this section. (1) Single-family detached dwellings; (2) Existing athletic field lighting; (3) City-owned, -operated, or -maintained street lights located within a street right-of-way or other easement granted to the City; and 186-2 (D) General Standards for Exterior Lighting (1) Hours of Illumination Public and institutional uses, commercial uses, and industrial uses (See Table 5-1) that are adjacent to existing residential development or vacant land in residential districts shall turn off all exterior lighting—except lighting necessary for security or emergency purposes— within one hour of closing. For the purposes of this subsection, lighting “necessary for security or emergency purposes” shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas. Such lighting may be activated by motion sensor devices. (2) Illumination Direction In all districts, lighting shall be directed downward. In addition, upwardly-directed lighting shall not be used to illuminate structures, except for low-wattage architectural lighting or lighting for the American flag. (E) Design Standards for Exterior Lighting All exterior lighting shall meet the following standards: (1) Maximum Lighting Height (a) Except for outdoor sports fields or performance areas, the height of outdoor lighting, whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential districts and no greater than 25 feet in business districts. (b) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height. (2) Shielding (a) Exterior Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets. (b) Interior No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development. (c) Canopies No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling. (d) Awnings 186-3 Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning). (3) Maximum Illumination Levels All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in footcandles at ground level at a property line or right-of-way center line shall not exceed the standards in Table 4-5, Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style). TABLE 4-5: MAXIMUM ILLUMINATION LEVELS Type of Use [1] Maximum Illumination (Footcandles) All Uses 0.5 at all ROW center lines Residential or Civic & Institutional Use 0.5 at Property Line Commercial or Industrial Use [2] 1.0 at Property Line Parking Lots 1.0 at Property Line [1]: See Table 5-1: Uses by District [2]: The minimum illumination level at the property line shall be 0.2 footcandle. (F) Wall Pack Lights Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably 100 watts or lower). Wall pack light sources visible from any location off the site are prohibited. (G) Exemptions for a Security Plan Government facilities, parks and open areas, public safety, and other uses (see Table 5-1) where sensitive or dangerous materials are stored may submit to the Community Development Department a site security plan proposing exterior lighting that deviates from the standards in this subsection. The Community Development Department shall approve, or approve with conditions, the site security plan and its proposed deviation from the standards of this subsection, upon finding that: (1) Deviation Necessary to Protect Public or Ensure Security The proposed deviation from the standards is necessary for the adequate protection of the public; (2) Significantly Greater Danger of Theft or Damage Without Additional Lighting The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding land; and 186-4 (3) Deviation is Minimum Required and Will Not Have Adverse Effect The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands. (H) Illumination of Outdoor Sports Fields and Performance Areas Lighting of outdoor sports fields and performance areas shall comply with the following standards: (1) Glare Control Package All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area. (2) Hours of Operation The lighting system for any game or event shall be extinguished after the end of the game or event. (I) Sign Lighting Lighting fixtures illuminating signs shall comply with the standards of this section, and such fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign face and is not visible from off-site areas. (J) Lighting Requirements for the CCD District (1) Parking lot lighting shall be consistent with the common lighting style for fixtures and poles within the CCD design guidelines, or as adopted by the City Council. (2) Public street lighting shall be consistent with a common lighting style throughout the CCD, based on a style for fixtures and poles to be identified in the City’s public improvement specification. 210-1 4.8 Off-street Parking (A) Purpose The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. (B) Application of Off-Street Parking Regulation The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. (C) Change in Use or Occupancy (1) Change in Use or Occupancy of Land (a) Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. (b) Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance as denoted in Section 1.4 shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use. (2) Change in Use or Occupancy of a Building Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. (3) Site Plan Drawing Necessary All applications for a building permit or certificate of occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off- street parking and loading spaces in compliance with the requirements set forth in Section 4.8. (D) Prohibited Uses Related to Off-street Parking (1) Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods; or storage of inoperable vehicles and/or storage of snow. 210-2 (2) For single family and two family dwellings, off-street parking in the rear yard is prohibited as illustrated in Figure 4-11. (3) Except for temporary uses as permitted by Section 5.4 and trailers parking in a designated loading area, no vehicle may be parked and used for storage of items in any district. (E) Standards Applicable to All Uses (1) Location of Required Parking (a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Section 4.8(G)(3). (b) Except for single, two-family, townhouse dwellings and parcels in the CCD, head-in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. (c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. (d) Except in the case of single, two-family, and townhouse dwellings and parcels in the CCD, parking area design which requires backing into the public street is prohibited. (e) All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: (i) For single family and two family dwellings, the part of a paved driveway within boulevard portion of the street right-of-way shall only be used for parking in a manner that does not block any public sidewalk or pathway. (ii) In the case of single family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one (1) open surfaced space located on the side of a driveway away from the principal use as shown in Table 4-9 and Figure 4-11. Said extra space shall be surfaced as required by Table 4-9 and Figure 4-11. (iii) In the case of single family dwellings, parking in the side yard shall be allowed on a surfaced space as shown in Table 4-9 and Figure 4-11. (2) Vehicular Use Area Design (a) Curb Cuts and Access (i) Each property shall be allowed one (1) curb cut access per one hundred twenty - five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. 210-3 (ii) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet. (iii) Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. (iv) Driveway access curb openings on a public street except for single, two-family, and townhouse dwellings shall not be located less than forty (40) feet from one another. (v) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. (vi) All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Community Development Department. Size of culvert shall be determined by the Community Development Department but shall be a minimum of fifteen (15) inches in diameter. (vii) Except for single, two-family, and townhouse residential development (and as otherwise noted in this ordinance), all open vehicular use areas shall have a perimeter concrete curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. (b) Stall, Aisle, and Driveway Design (i) Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7-1/2) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such. (ii) Except in the case of single family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: TABLE 4-6: PARKING STALL AND AISLE STANDARDS Angle Wall to Minimum Wall to Interlock Minimum Interlock to Interlock Minimum 30 48.6’ 44.5’ 40.3’ 45 56.8’ 53.4’ 50.0’ 60 62.0’ 59.7’ 57.4’ 90 64.0’ 64.0’ 64.0’ Parallel Parking: Twenty-two (22) feet in length 210-4 (c) Surfacing (i) Except in the case of single family and two-family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed and subject to approval by the Community Development Department. The Community Development Department staff may waive this requirement if it is determined that the drainage plans do not merit further study. Community Development Department determination in this regard shall be based on the size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities. (ii) The grade elevation of any parking area shall not exceed five (5) percent. (d) Striping Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four (4) inches wide. (e) Lighting Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public right-of- ways and be in compliance with Section 4.4 of this ordinance. (f) Landscaping and Screening All open, non-residential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 4.1(F) of this ordinance. (i) Interior Vehicular Use Area Landscaping – see Section 4.1(F)(2) (ii) Perimeter Vehicular Use Area Landscaping – see Section 4.1(F)(3) Section 4.8(E)(5) outlines requirements for a CUP to potentially lessen surfacing requirements Section 4.1(F): Standards for Vehicular Use Area Landscaping 210-5 (iii) Perimeter Buffers – see Section 4.1(G) (g) Signs No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. (3) Parking Within a Structure The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this ordinance. (4) Vehicular Use Area Stall Calculation Requirements (a) General Provisions (i) The minimum number of off-street parking spaces shown in Table 4-7 shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. (ii) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. (iii) In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. (iv) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. (b) Floor Area (i) The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the interior floor area dimensions of the buildings, structure, or use times the number of floors. (ii) Whenever practical, final parking calculations shall be based on an actual building floor plan. Section 4.1(G): Standards for Perimeter Buffers 210-6 TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE Use Type Minimum # of Spaces & Additional Requirements Residential Uses Detached Dwelling 2.0 spaces for each dwelling unit Duplex 2.0 spaces for each dwelling unit Townhome 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units Multiple Family In general 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units Senior housing Reservation of area equal to 1.0 space per unit  Initial development shall require only 0.5 spaces per unit, and said number of spaces may continue until such time as the City Council considers a need for additional parking spaces has been demonstrated Group Residential Facility, Single Family 2.0 spaces for each three persons for whom sleeping accommodations are provided Group Residential Facility, Multi- Family 2.0 spaces for each three persons for whom sleeping accommodations are provided Manufactured Home 2.0 spaces per manufactured home Civic and Institutional Uses Active Park Facilities (public or private) 5.0 spaces for each acre of park over one (1) acre; two (2) spaces per acre for playgrounds; and ten (10) spaces for each acre of play field  When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking Assisted Living Facilities 0.5 spaces for each assisted living unit (a required half space shall be rounded up) Baseball Fields, Stadium 1.0 space for each eight (8) seats of design capacity Cemeteries See Parking Schedule #2 [Section 4.8(H)(3)] Clinics/Medical Services 4.0 spaces for each one thousand (1000) square feet Hospitals 2.0 spaces per each bed Nursing/Convalescent Home 4.0 spaces plus one (1) for each three (3) beds for which accommodations are offered Passenger Terminal 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Passive Parks and Open Space See Parking Schedule #2 [Section 4.8(H)(3)] Public Buildings or Uses 10.0 spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2000) square feet of floor area in the principal structure Schools, Kindergarten through Junior High 1.0 space for each classroom plus one (1) additional space for each fifty (50) student capacity Use Type Minimum # of Spaces & Additional Requirements 210-7 Civic and Institutional Uses (continued) Schools, Kindergarten through Junior High 1.0 space for each classroom plus one (1) additional space for each fifty (50) student capacity Schools, High School & post-secondary 1.0 space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms Place of Public Assembly 1.0 space for each four (4) seats based on the design capacity of the main assembly hall  Facilities as may be provided in conjunction with places of public assembly shall be subject to additional requirements which are imposed by this ordinance Utilities (major) See Parking Schedule #2 [Section 4.8(H)(3)] Office Uses Offices 3.0 spaces plus at least one (1) space for each three hundred (300) square feet of floor space Commercial Uses Adult Uses 1.0 space for each one hundred (100) square feet of floor space. Auction House 1.0 space for each forty (40) square feet of floor space.  Outside sales area shall be added to the floor space of the principal building when determining square footage of floor space Auto Repair – Minor 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Automotive Wash Facilities 10.0 spaces or one (1) space for each employee on the maximum shift, whichever is greater  For self service facilities, there shall be a minimum of two (2) spaces  If the wash facility is integrated into an approved vehicle fuel sales business, the wash facility shall require no additional parking Bed & Breakfasts 1.0 space for each rental unit in addition to required residential off-street parking Boarding House 2.0 spaces for each three (3) persons for whom accommodations are provided for sleeping Business Support Services 1.0 space for each two hundred (200) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Communications/Broadcasting 1.0 space for each four hundred (400) square feet of floor space. Convenience Stores 1.0 space for each two hundred (200) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Country Club 4.0 spaces per golf hole plus spaces provided for accessory uses in accordance with this ordinance Use Type Minimum # of Spaces & Additional Requirements Commercial Uses (continued) Day Care Centers 1.0 space for each employee plus one (1) space per five children 210-8 Entertainment/Recreation, Indoor Commercial Bowling Alley 5.0 spaces for each alley plus additional spaces as may be required herein for related uses associated with the principal structure Theater 1.0 space for each four (4) seats based on the design capacity of the main assembly hall; facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements imposed by this ordinance  If the theater is located in the original plat of Monticello, the required spaces shall be reduced to 1.0 space per five (5) seats Entertainment/Recreation, Outdoor Commercial 10.0 spaces plus one (1) for each one hundred (100) square feet of floor area inside an associated structure Financial Institution 1.0 space for each four hundred (400) square feet of floor space. Funeral Homes 20.0 spaces for each chapel or parlor, plus one (1) space for each funeral vehicle maintained on the premises  Aisle spaces shall also be provided off the street for making up a funeral procession Hotels or Motels 1.0 space for each rental unit plus one space for each ten (10) units and one (1) space for each employee on the maximum shift Kennels (commercial) 1.0 space for each four hundred (400) square feet of floor space. Landscaping / Nursery Business See Parking Schedule #1 [Section 4.8(H)(2)] Personal Services 1.0 space for each two hundred fifty (250) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Recreational Vehicle Camp Site 1.0 space per each recreational vehicle plus one (1) guest space per ten recreational vehicles Repair Establishment See Parking Schedule #1 [Section 4.8(H)(2)] Restaurants Sit down restaurants 1.0 space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area Drive Through restaurants 1.0 space for each fifteen (15) square feet of gross floor area but not less than fifteen (15) spaces 210-9 Use Type Minimum # of Spaces & Additional Requirements Commercial Uses (continued) Retail Commercial Uses In General 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space In which 50% or more of the gross floor area is devoted to storage, warehouses, and/or industry. The number of spaces may be determined by either of the listed options OPTION #1: 8.0 spaces OR one (1) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each 500 square feet of storage area OPTION #2: 8.0 spaces OR one space for each employee on the maximum shift Specialty Eating Establishments 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Vehicle Fuel Sales 4.0 spaces plus two (2) spaces for each service stall (not pump)  Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in compliance with other applicable sections of this ordinance Vehicle Sales and Rental 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Veterinary Facilities 1.0 space for each two hundred fifty (250) square feet Wholesale Sales 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Industrial Uses Auto Repair – Major See Parking Schedule #1 [Section 4.8(H)(2)] Extraction of Materials See Parking Schedule #2 [Section 4.8(H)(3)] General Warehousing 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift or, at a minimum, at least eight (8) spaces plus one (1) space for each one thousand (1000) square feet of floor area Truck or Freight Terminal 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift or, at a minimum, at least eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area Waste Disposal & Incineration See Parking Schedule #1 [Section 4.8(H)(2)] Wrecker Services See Parking Schedule #1 [Section 4.8(H)(2)] Heavy Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)] Industrial Services See Parking Schedule #1 [Section 4.8(H)(2)] Light Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)] 210-10 Use Type Minimum # of Spaces & Additional Requirements Industrial Uses (continued) Machinery/Truck Repair See Parking Schedule #1 [Section 4.8(H)(2)] Recycling and Salvage Center See Parking Schedule #1 [Section 4.8(H)(2)] Self Storage Facilities 1.0 space per 100 lockers/units on the inside of the fenced area and at least five (5) spaces outside the fenced area  If a caretaker’s quarters is provided on-site, at least one (1) covered parking space for exclusive use by the caretaker shall be provided (iii) Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within uses may be excluded from floor area calculations when applicable. (iv) Required parking spaces may be reduced through alternative development types (e.g. Planned Unit Development, utilization of Performance Based Enhancement Overlay District provisions, etc) as permitted in this ordinance. (c) CCD District Exceptions Property owners in the CCD District shall comply with the parking supply requirements as listed in Table 4-7 of this ordinance. However, property owners may be granted flexibility from a portion of their required parking supply under the following conditions: (i) Where the City finds that there will be adequate opportunity to provide public parking in the vicinity of the subject property, and at the City’s option, the owner shall pay into a CCD Parking Fund an amount as established by City Council Resolution. Said fund shall be used for the acquisition, construction, and/or maintenance of publicly-owned parking in the CCD district. (ii) The City may, in addition to, or as an alternative to, the option listed in Section 4.8(E)(4)(c)(i) above, and at the discretion of the City, offer the property owner the opportunity to choose to supply parking at a rate which is sixty (60) percent of the requirement listed in Section 4.8 provided that the owner grants an easement to the public for automobile parking use over the subject area. The owner shall retain responsibility for maintenance of said parking area. (iii) Parking shall not be located on a parcel between the front building line of the principal building and the public street, except where expressly provided for by the City Council after recommendation from the Planning Commission. (d) Parking Stall Requirement: Schedule #1 Uses subject to Off-Street Parking Schedule #1 must provide the minimum number of off-street parking spaces indicated in Table 4 -8, Off-Street Parking Schedule #1. 210-11 TABLE 4-8: OFF STREET PARKING SCHEDULE #1 Activity Number of Spaces Required Office or Administrative Area 1.0 space per three hundred (300) square feet Indoor Sales Area 1.0 space per two hundred (200) square feet Outdoor Sales, Display, or Storage Area (3000 sq ft or less) 1.0 space per seven hundred fifty (750) square feet Outdoor Sales, Display, or Storage Area (over 3000 sq ft) 1.0 space per one thousand (1000) square feet Indoor Storage / Warehousing / Vehicle Repair / Manufacturing Area ≤ 3000 sq ft 1.0 space per two hundred (200) square feet 3000 ≤ 5000 sq ft 1.0 space per five hundred (500) square feet 5000 ≤ 10,000 sq ft 1.0 space per seven hundred fifty (750) square feet > 10,000 sq ft 1.0 space per one thousand two hundred fifty (1250) square feet (e) Parking Stall Requirement: Schedule #2 Uses subject to Off-Street Parking Schedule #2 have widely varying parking demand characteristics, making it very difficult to specify a single appropriate off-street parking standard. Upon receiving a development application for a use subject to Schedule #2 standards, the Community Development Department is authorized to apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant. The study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Community Development Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations. (5) Vehicular Use Area Design Conditional Use Permit Stall aisle and driveway design requirements outlined in Section 4.8 may be lessened subject to the following conditions: (a) Any reduction in requirements requires completion of the conditional use permit process outlined in Section 2.4(D) of this ordinance. (b) Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the Community Development Department. Engineering expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. Section 2.4(D): Conditional Use Permits 210-12 (c) Only properties which have existing buildings and are being expanded or remodeled for a new use shall be eligible for this conditional use permit. (d) The applicant must show, and the Planning Commission must find, that there are existing non-conformities of the property which are being eliminated by the expansion or remodeling which justify a deferral to the paving, landscaping, or curbing requirements. (e) A deferral shall be considered by the City as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements. (f) In all districts other than the A-O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expansion. (6) Deferred Parking Where a proposed use clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance- required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. The need shall be determined in conformance with a "proof of parking" plan so approved by the Community Development Department. (7) Permit Required A permit shall be required for the installation of any surfacing material intended to be utilized for off-street parking. The fee for an off-street parking permit shall be set forth in a fee schedule adopted by the City Council. The fee payment shall accompany the permit application. (8) Maintenance It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences. (F) Standards Applicable to Residential Uses (1) Location of Required Parking in Residential Areas (a) For single family and two family dwellings, off-street parking on a paved driveway within fifteen (15) feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. (b) In the case of townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open paved space located on the side of a driveway away from the principal use. Said extra space 210-13 shall be surfaced with concrete or bituminous material. For single family and two-family dwellings, parking shall be located as found in Table 4-9 and Figure 4-11. (c) Parking and/or storage of passenger vehicles, recreational vehicles and equipment, emergency vehicles, and small commercial vehicles shall conform to the requirements of Table 4-9 and Figure 4-11. For the purposes of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as “small commercial vehicles”, but without limitations as to size. (d) Under no circumstances shall large commercial vehicles be parked or stored in residential zoning districts, or on property that is used for residential purposes. TABLE 4-9: TYPE OF REQUIRED BUFFER YARD FOR OFF-STREET PARKING AREAS IN RESIDENTIAL AREAS Diagram Area Key Passenger Vehicles [1] Recreational Vehicles [1] Emergency Vehicles [1] Small Construction Vehicles [1] Other Notes Driveway leading directly into a garage within the front yard of a lot A Any number (paved) One such vehicle (paved) One such vehicle (paved) Any number (paved) Parking space adjacent to the driveway within the front yard of a lot B One passenger or small commercial vehicle (paved) One such vehicle, if it is the only such vehicle within the front yard (surfaced) One such vehicle (paved) One passenger or small commercial vehicle (paved) Other portions of the front yard C No No No No Side yard, adjacent to garage side of structure D Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes within a space consisting of the 15 feet adjacent to the building (unsurfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Must maintain minimum 3 foot setback to side lot line in all cases Side yard more than 15 feet from garage E No No No No Side yard on opposite side of house from garage F No No No No Side yard on corner lot facing a public street G Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes within a space consisting of the 15 feet adjacent to the building. (unsurfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Must maintain minimum 3 foot setback to side lot line in all cases. This space may encroach to within 5 feet of the right of way, provided screening is included. Rear yard H No Yes (unsurfaced) No No No current limit to number of such vehicles – must maintain a 3 foot setback to lot line [1] see section 8.4 for definition 210-14 Figure 4-11 (2) Vehicular Use Area Design in Residential Areas (a) Curb Cuts and Access (i) Single family uses shall be limited to one (1) curb cut access per property. (ii) Curb cut access shall be at a minimum three (3) feet from the side yard property line in residential districts. (b) Surfacing Paving and surfacing requirements for parking and storage of passenger vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and two-family dwellings shall be as found in Table 4-9 and Figure 4-11. (c) Residential District Garage Requirements In all residential zoning districts, all detached single family homes and duplex units shall include development of an attached or detached garage. The minimum size requirement for the garage floor shall be 450 sq ft with a minimum garage door opening of 16 ft. with the following exceptions and/or deviations by district: (i) R-1 District An attached garage of at least 480 square feet shall be constructed as part of any single family home. (ii) R-A District 1. An attached garage of at least 700 square feet shall be constructed as part of any single family home. 2. Garage frontage: From side building line to side building line of any single family structure, no more than 40% of such building width shall consist of 210-15 Garage doors that face the street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. (iii) T-N District 1. A garage of at lest 450 square feet, attached or detached, shall be constructed as a part of any single family home. 2. Garage frontage: From side building line to side building line of any single family structure, no more than 50% of such building width shall consist of garage doors that face the street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses (1) Location of Required Parking for Commercial, Industrial & Civic/Institutional Uses (a) In business, industrial and institutional areas, no parking area may be located upon a public drainage and/or utility easement adjoining a public street without an encroachment agreement approved by the Community Development Department. (b) In the B-1 district, off-street parking shall not include semi-trailer trucks. (2) Vehicular Use Area Design Applicable to Commercial, Industrial & Civic/Institutional Uses (a) Access and Curbing (i) Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the Community Development Department. Denial by the Community Development Department of curb cut access in excess of twenty-four (24) feet may be appealed following the procedures outlined in Section 2.4(H) of this ordinance. (ii) Curb cut access shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. An exception to the setback requirement shall be granted in Business Districts where adjoining business provide for private cross access between parking lots. (iii) All off-street parking areas and driveways shall have a six (6) inch non-surmountable continuous concrete curb around the perimeter of the parking area and driveways. The 210-16 Community Development Department may approve bituminous curbing as a temporary measure under the following conditions: 1. If the area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area. 2. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the Community Development Department. The Community Development Department may approve movable curb stops as a temporary traffic control measure. 3. The area is shown by adequate drainage plans to be able to control drainage as recommended by the Community Development Department. The Community Development Department may approve bituminous curbing as a temporary drainage control measure. (iv) Adjoining business properties may allow cross parking and/or access if authorized by a Conditional Use per the requirements of Section 2.4(D) and subject the following conditions: 1. The required island and landscaping requirements in Section 4.1 are met. 2. The vehicular use area meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City. 4. A shared parking/access and maintenance agreement is provided by the parking owners and recorded against all subject properties. (b) Parking Setbacks for the CCD District (i) From public street right of way: Six (6) feet. (ii) From private property: Six (6) feet, except that parking lots may provide shared access driveways or spaces between adjoining private parking lots. In the CCD, such shared access driveways or spaces shall be permitted, exempt from the requirement for a Conditional Use Permit applicable in other zoning districts. (c) Perimeter Vehicular Use Buffer (i) Open, non-residential off-street parking areas shall be designed to screen headlights from abutting or surrounding residential districts through the use of a half-berm design. Said design shall be required in all instances where headlights are directed at surrounding or abutting residential properties. A half-berm is required in addition to any buffer yard landscaping requirements with a design as illustrated in Figure 4-12: Figure 4-12 210-17 (ii) In the event that drainage or other conditions do not permit a berm of this size and for parcels in the CCD district which abut residentially zoned property, a solid, maintenance free fence may be permitted for all or a portion of the retaining wall to the extent necessary to permit property drainage. Examples may include a two-foot retaining wall and berm, with a four foot tall fence section. This alternative may be allowed by Conditional Use Permit. Any fence proposed in lieu of the required design must be 100 percent opaque and in character with the surrounding area. (3) Joint Facilities for Commercial, Industrial & Civic/Institutional Uses The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as a primarily daytime use in subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants. (c) Up to eighty (80) percent of the parking facilities required by Section 4.8 for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under (d) below as primarily daytime uses. (d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses. (e) Conditions required for joint use: (i) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre parking provided by another use shall be located within five hundred (500) feet of said theatre. 210-18 (ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. (iii) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. 241-1 4.11 Building Materials (A) Purpose The purpose of these regulations is to enhance the quality and longevity of buildings in all zoning districts of the City, and to protect citizen investments in property value by ensuring complementary building style, construction, and appearance. (B) General Requirements (1) Consistency Required In all districts, all buildings shall be finished on all sides with consistent architectural quality, materials, and design. (2) New materials In recognition of the ever-changing marketplace for new finishing materials, the Community Development Department may authorize the use of materials not listed herein if it is determined that such a material is substantially similar or superior to one or more of the approved building materials. (C) Residential District Requirements (1) All Residence Districts No metal siding shall be permitted wider than 12 inches or without a one-half (1/2) inch or more overlap and relief. (2) R-1 District A minimum of 15% of the front building façade of any structure in the R-1 District shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Community Development Department may approve optional facade treatments when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. (3) R-A and T-N Districts A minimum of 20% of the front building façade of any structure in the R-A or T-N zoning district shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. 241-2 (D) Business District Requirements In all Business Zoning Districts (see table 3-1), the following building materials standards shall apply. (1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings, except those specifically designed to have a corrosive designed finish such as “corten” steel, shall be permitted in the districts listed herein. (2) Buildings in these zoning districts shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable. (3) Exterior building finishes in the districts subject to this Section shall consist of materials compatible in grade and quality to the following: (a) Brick (b) Natural Stone (c) Decorative rock face or concrete block (d) Cast-in-place concrete or pre-cast concrete panels (e) Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress (f) Glass (g) Exterior Insulated Finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section (h) Stucco (4) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building. (5) Building Materials and Design for the CCD District All buildings within the CCD shall meet the materials and design standards of the Comprehensive Plan as defined by the report “Embracing Downtown Monticello”, Appendix B, Design Guidelines, as well as the standards in Section 4.11 of this ordinance. (E) Industrial Requirements (1) In the Industrial and Business Campus District (IBC), the Light Industrial District (I-1) and the Heavy Industrial District (I-2), the following building materials and standards shall apply: (a) Any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of any one wall if it is coordinated into the architectural design. Any 241-3 metal finish utilized in the building shall be aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to a maximum of one (1) in twelve (12) slope. (b) All buildings constructed of curtain wall panels of finished steel, aluminum, or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or pre-cast panels on all wall surfaces. (2) In the Light Industrial (I-1) and Heavy Industrial (I-2) districts, the following building materials and standards shall apply: RESERVED (F) Institutional Requirements All institutional uses shall adhere to the building materials requirements spelled out for commercial districts in Section 4.11(D) above. TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES Sub-Districts Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted F-1 F-2 F-3 L Exceptions Additional Requirements Retail Sales <10,000 SF P P C C 5.2(F)(27) Retail Sales >10,000 SF P C C 5.2(F)(27) Professional Office-Services Including Financial Institutions P P P C L-2: NA first floor, CUP upper floors 5.2(F)(21) 5.2(F)(14) Personal Services P P P P L-2: NA first floor, CUP upper floors; L-3: CUP 5.2(F)(22) Retail With Service P C C L-2: NA first floor, CUP upper floors 5.2(F)(27) Commercial Offices-Principal C P P C L-2: NA first floor, CUP upper floors 5.2(F)(20) Indoor Commercial Recreation P P C C 5.2(F)(12) Outdoor Commercial Recreation C C 5.2(F)(13) Medical/Clinical Services C P P P L-2: NA first floor, CUP upper floors 5.2(F)(19) Restaurants, Bars <10,000 SF P P C C 5.2(F)(26) Restaurants, Bars >10,000 SF P C C 5.2(F)(26) Commercial Lodging P P C 5.2(F)(16) Convenience Services: Retail, Vehicle Fuel, Specialty Food, Drive-Through C P* C * F-2 Drive through by CUP 5.2(F)(9) 5.2(F)(28) 5.2(F)(29) Places of Public Assembly C C C C 5.2(F)(23) Veterinary Facilities C P C C 5.2(F)(31) Commercial Day Care C C C C 5.2(F)(11) Funeral Services C C 5.2(F)(15) Residential – Upper Floors P P P P L-2: NA Residential – Street Level C C L-2: NA Residential – Multiple Family C C L-2: NA Residential – Townhouse C Residential – Single Family C Industrial PUD L-3: PUD only Public Buildings or Uses C C C P 261-1 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (F) Regulations for Commercial Uses (1) Reserved (2) Auction House (a) The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Section 4.1(G): Standards for (b) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Perimeter BuffersTable 4-1, Buffer Type “C”) in accordance with Section 4.1(G) of this ordinance. Section 4.1(F): Standards for (c) Parking areas shall be landscaped and screened from view in compliance with Section 4.1(F) of this ordinance. Vehicular Use Area Landscaping (d) Off-street parking shall comply with Section 4.8 of this ordinance. Section 4.8: Off- (e) Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, and shall be subject to the approval of the Community Development Department. Street Parking Section 4.4: Exterior Lighting(f) All lighting shall be in compliance with Section 4.4 of this ordinance. (g) The entire area shall have a drainage system which is subject to the approval of the Community Development Department. Section 4.5: Signs(h) All signing and information or visual communication devices shall be in compliance with Section 4.5 of this ordinance. Section 2.4(D): Conditional Use (i) The use shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance. Permits (j) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. __________________________________________________________________________________________ Page 280 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (k) No pets or livestock may be sold at this auction sales facility. (l) Provisions must be made to control and reduce noise when adjacent to a residential zoning district. (m) All outside storage, if allowed, shall be effectively screened from public view in accordance with Section 4.1(I) and limited to 10% of the gross floor area of the principal use building. Section 4.1(I): Standards for Required Screening (3) Auto Repair – Minor (a) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. (b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence or masonry wall in accordance with Section 4.3, Fences & Walls. Section 4.3: Fences & Walls Section 5.2(F)(22): (c) If gasoline is sold on-site, the use shall also comply with the standards for Vehicle Fuel Sales as regulated by this ordinance. Vehicle Fuel Sales (d) Vehicles not being repaired but used as a source of parts shall be prohibited unless full enclosed within a building. (e) Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means. (4) Automotive Wash Facilities (a) All automotive wash facilities shall adhere to the following standards: (i) The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings and area to avoid impairment in property values and blight within a reasonable distance of the lot. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 281 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (ii) Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the Community Development Department. Section 4.1(G): (iii) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Standards for Table 4-1, Buffer Type “C”) in accordance with section 4.1(G) of this ordinance. Perimeter Buffers (iv) All lighting shall be in compliance with Section 4.4 of this ordinance. Section 4.1(F): (v) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 4.1(F) of this ordinance. Standards for Vehicular Use Area Landscaping (vi) The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the Community Development Department. (vii) The entire area shall have a drainage system which is subject to the approval of the Community Development Department. (viii) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the Community Development Department. Section 4.5: Signs(ix) All signing and informational or visual communication devices shall be in compliance with Section 4.5 of this ordinance. (x) Provisions are made to control and reduce noise. (xi) Car wash facility shall have direct access to major thoroughfare via driveway or frontage road. (xii) Intermittent sounds produced by car wash operation such as the sound of a vacuum or warning signal shall not be audible to adjoining residential properties. (b) If the automotive wash facility is located in the CCD district, the following additional regulations shall apply: (i) The car wash building and the principal building must meet the architectural requirements of the “CCD” district and design review is conducted by the Planning Commission. __________________________________________________________________________________________ Page 282 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (ii) The automobile stacking space area is screened from abutting property, both residential and commercial. (iii) Noise generated by the use, including vacuums, is mitigated by location or architectural features from adjoining or nearby residential uses and pedestrian or outdoor commercial activities. Doors of car wash must be closed during drying operation. Mechanical interlock between door and dryer must be employed to assure compliance. (iv) Lighting on the site shall be in compliance with Section 4.4 of this ordinance. (v) Signage meets the requirements of the CCD zoning district and is reviewed by the Planning Commission. (vi) Drive through traffic does not interfere with pedestrian routes around and/or through the property. (vii) A minimum of five stacking spaces for car wash customers is provided that avoids interference with other traffic on the site. (viii) Site landscaping is provided to mitigate the amount of concrete and/or asphalt surfacing. The use of alternative paving surfaces is encouraged. (ix) Measures are taken to avoid freezing and icing from washed vehicles prior to exiting the site to the public street. (x) All other applicable requirements of the City’s Zoning Ordinance are considered and met. (5) Bed and breakfast facilities: (a) Bed and breakfast operations shall be limited to residential structures existing prior to the date of this ordinance. (b) The property shall be landscaped with at least a basic buffer (Table 4-1, Buffer Type “A”) in accordance with section 4.1(G) of this ordinance. Section 4.1(G): Standards for Perimeter Buffers (c) Food served on the premises may be served only to overnight guests of the bed and breakfast. (d) The owner, operator, or manager of the bed and breakfast shall reside on the premises. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 283 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (e) Activities shall be limited to those customary to the operation of a bed and breakfast facility. Commercial use of the property for other activities not normally associated with the operation of a bed and breakfast such as wedding receptions, parties, etc., are not allowed. (f) Operation of the bed and breakfast facility shall comply with all state regulations governing such facilities. (6) Boarding House: (a) There shall be no less than three (3) units nor more than 15 units, and each unit shall be of a design considered to be an efficiency apartment. (b) At least one unit shall be on the ground floor fully accessible to handicapped persons. (c) At least 50% of the floor area on the ground floor shall be developed as complete restaurant facilities with a minimum seating capacity of two seats per dwelling unit but in no case less than 25 seats. (i) Restaurant shall not be eligible for licenses regulating the sale of intoxicating liquors, non-intoxicating malt liquors, wine, or the display and consumption of liquors. (ii) The restaurant shall be so equipped to provide food service to the dwelling units if required. (d) The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings on the site or in the area to avoid impairment in property values or blight within a reasonable distance of the lot. (e) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. (7) Communications / Broadcasting Section 5.3: (a) All communication antennas, antenna support structures and satellite dishes shall adhere to the applicable accessory use requirements for such outlined in Section 5.3 of this ordinance. Accessory Use Standards (8) Convenience Stores (a) In the B-1 zoning district, the following conditions shall apply: (b) The site is adequately served by a collector street. __________________________________________________________________________________________ Page 284 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (c) Access point to the site shall be limited to a collector street. (d) Conformity with the surrounding neighborhood is maintained. (e) Adequate screening and landscaping from neighborhood residential districts is provided in accordance with this ordinance. (f) Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. (g) The site shall conform to parking requirements as provided in this ordinance. (h) Building setback from residential uses must be 30 feet or greater. (i) Parking lot setback from residential uses must be 15 feet or greater. (j) The site shall conform to signage requirements as recommended by the City. At no time shall the signage exceed the requirements as provided in this ordinance. (k) The site shall conform to lighting requirements as provided in this ordinance. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (l) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. (9) Convenience Services: Retail, Vehicle Fuel, Specialty Food, and Drive- Through Facilities In the CCD, F-1 sub-district, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the document “Embracing Downtown Monticello.” (b) Site planning shall maximize building exposure to the street. (c) Drive-through facilities shall be located to minimize their exposure to the street. (d) Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive-through functions shall be constructed of materials to match those of the principal building. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 285 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (e) Site planning shall be designed to emphasize connections to pedestrian facilities. (10) Country Club (a) The principal use, function, or activity is open, outdoor in character. (b) Not more than five (5) percent of the land area of the site be covered by buildings or structures. (c) When abutting a residential use, the property shall be screened with at least an aesthetic buffer (Section 4.1(G): Table 4-1, Buffer Type “B”) in accordance with section 4.1(G) of this ordinance. Standards for Perimeter Buffers (d) The land area of the property containing such use or activity meets the minimum established for the districts. (11) Day Care Center (a) No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily. (b) An outdoor recreational facility: (i) Shall be appropriately separated from the parking lot and driving areas by a fence not less than 4 feet in height, (ii) Shall be located continuous to the day-care facility, (iii) Shall not be located in any yard abutting a major thoroughfare, (iv) Shall not have an impervious surface for more than one-half of the playground area, (v) Shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas, and (vi) Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. (c) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. __________________________________________________________________________________________ Page 286 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (d) In addition to items (a) through (c) above, day care centers in the I-1 district, shall adhere to the following additional requirements: (i) Only be allowed as a secondary combination use which complements a primary business; (ii) Only be conducted in the principal building, and not exceed 20% of the total principal building square footage; (iii) Be physically separated from the other activities occurring in the principal building; (iv) Not have a dedicated entrance (other than emergency exits) from the exterior of the principal building; (v) Not have dedicated off-street parking or signage. (12) Entertainment/Recreation – Indoor Commercial (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of this ordinance. (d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with section 4.1(G) of this ordinance. (13) Entertainment/Recreation – Outdoor Commercial (a) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer ( Section 4.1(G): Standards for Table 4-1, Buffer Type “C”) in accordance with section 4.1(G) of this ordinance. Perimeter Buffers (b) Adequate measures to contain the proposed activity on the subject site shall be provided (c) Dust and noise are controlled consistent with Minnesota Pollution Control rules and regulations. (14) Financial Institutions (a) Drive-thru service, if approved as an accessory use to a financial institution, shall be located to the side or rear of the principal building whenever feasible. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 287 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (15) Funeral Homes (a) Funeral homes shall have its principal frontage, access, and orientation direction on an arterial or collector street. (b) All structures shall be located so as not to require access from an interior residential street. (16) Hotels or Motels (a) All hotels and motels shall adhere to the following: (i) A hotel or motel shall have its principal frontage, access, and orientation direction on an arterial street or collector street. (ii) Vehicular access from a local residential street is prohibited. (iii) No more than one security or caretakers quarters may be provided on the site, and such quarters shall be integrated into the building’s design. (b) In the CCD district, the following additional standards shall apply: (i) The principal building lot coverage is no less than fifty (50) percent of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces. (ii) The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission. (iii) The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and the Downtown Revitalization Plan. (17) Kennels (Commercial): (a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises. (b) Any open runs or pens used to house animals shall be located at least 75 feet from any lot line. (c) Accessory uses to a kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area of the principal building. __________________________________________________________________________________________ Page 288 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (18) Landscaping / Nursery Business (a) The business shall be located next to a collector or arterial street as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets. (b) Exterior displays visible from adjacent properties or right-of-way shall be limited to plants unless otherwise approved by the City Council. (19) Medical / Clinical Services In the CCD, F-1 sub-district, the following shall apply: (a) Building architecture designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the document “Embracing Downtown Monticello.” (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. (20) Offices (Commercial) In the CCD, F-1 sub-district, the following shall apply: (a) Building architecture designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the document “Embracing Downtown Monticello.” (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. (c) Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement. (21) Offices (Professional) Including Financial Institutions In the CCD, Professional Offices and Financial Institutions shall include the following: (a) Building architecture designed to reflect retail street-level architecture as defined in the City’s comprehensive plan, as detail in the document “Embracing Downtown Monticello”. (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 289 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ (c) Parking areas shall be situated so as to minimize their exposure to public areas or shall be landscaped and screed to minimize large expanses of open pavement. (d) Parking supply shall be calculated at the same rate as retail sales. (22) Personal Services (a) In the B-1 district, the following shall apply: (i) Outdoor lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (ii) Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. (b) Establishments engaged in dry cleaning shall be held to the following requirements: (i) Dry cleaning processing shall be restricted to the B-4 district. (ii) Dry cleaning operations shall be self-contained in terms of noise and fumes with no venting to outside of building. (iii) Dry cleaning facilities shall have direct access to major thoroughfare via driveway or frontage road. (c) Tattoo parlors shall be restricted to the B-4 district. (23) Places of Public Assembly In the CCD, F-1 sub-district, the following shall apply: (a) Building architecture designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the document “Embracing Downtown Monticello.” (b) Site planning shall minimize parking lot development adjacent to public areas in the district, including streets, pathways, and open spaces. (24) Recreational Vehicle Camp Site (a) The land area of the property containing such use or activity meets the minimum established for the district. (b) The site shall be served by a major or arterial street capable of accommodating traffic which will be generated. __________________________________________________________________________________________ Page 290 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (c) All driveways and parking areas shall be surfaced with a dustless material. (d) Plans for utilities and waste disposal shall be subject to approval by the Community Development Department, and all applicable requirements of the State Pollution Control Agency are complied with. (e) Not more than five (5) percent of the land area of the site shall be covered by buildings or structures. (f) The locations of such use shall be at minimum one hundred (100) feet from any abutting residential use district. (25) Repair Establishments (a) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts. (b) No process involved in a repair operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. (26) Restaurants (a) For all restaurants, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (ii) Primary access from local residential streets shall be prohibited. (b) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. (ii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (c) Restaurants having drive-through facilities shall require a conditional use permit and comply with the following standards: (i) All requirements for an accessory drive-through facility shall be met. (ii) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 291 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. Section 4.1(G): (iii) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Standards for Table 4-1, Buffer Type “C”) in accordance with section 4.1(G) of this ordinance. Perimeter Buffers (iv) Each light standard island and all islands in the parking lot landscaped or covered. Section 4.1(F): (v) Parking areas shall be screened from view of abutting residential districts in compliance with Section 4.1(F) of this ordinance. Standards for Vehicular Use Area Landscaping(vi) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Community Development Department. (vii) If in the CCD District, the following standards shall also apply: 1. The design of the site promotes pedestrian access adjacent to and along the property. 2. Site lighting shall utilize fixtures similar in style to that designated by the City for use in public areas of the “CCD” district. 3. The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission. Section 5.3(D)(11): 4. Drive through facilities comply with the requirements of Section 5.3(D)(11). Drive Through Service 5. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and the Downtown Revitalization Plan. (27) Retail Commercial Uses (Other) (a) If the retail sales includes consignment sales, the following standards shall apply: (i) Sales and storage shall not exceed 1,000 square feet in area. (ii) At least 80% of the sales shall be of consigned merchandise. (iii) No auctions shall take place on the premises. (iv) There shall be no outside storage. (b) In the CCD, F-2 sub-district, the following shall apply to retail sales in buildings having a retail floor area greater than 10,000 square feet: __________________________________________________________________________________________ Page 292 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (i) Building architecture shall be designed to vary façade height, fenestration, and other details to provide the appearance of several smaller retail buildings, rather than a single large structure. (ii) Parking shall be oriented to wrap around buildings, rather than be located entirely in the front of the building. (c) In the CCD, F-2 sub-district, the following shall apply to retail sales accessory services: (i) Accessory service shall occupy no more than 40 percent of the main floor of any building. (ii) Service may include activities that support the retail sales of goods on the premises, including repair, fabrication, rental, assembly, shipping, or similar activities. (iii) Service activities may occur as an entity separate from retail sales, but shall meet the requirements of this section. (28) Specialty Eating Establishments (a) Drive through service, if approved as an accessory use within the applicable district, shall be located to the side or rear of the building whenever feasible. (b) For all specialty eating establishments, if the establishing (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (c) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. (ii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (29) Vehicle Fuel Sales (a) Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 293 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ____________________________________________________________________________________________________ addition to other requirements which are imposed for other uses of the property. (b) Wherever fuel pumps are to be installed, pump islands shall be installed. Section 4.5: Signs (c) All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 4.5 of this ordinance. (d) Provisions are made to control and reduce noise. (e) If in the CCD District, the following standards shall also apply: (i) The design of the site promotes pedestrian access adjacent to and along the property. (ii) No more than two (2) curb cuts of twenty-four (24) feet in width or less shall be permitted. (iii) Site lighting shall utilize fixtures similar in style to that designated by the City for use in public areas of the “CCD” district. (iv) The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission. (v) The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and the Downtown Revitalization Plan. (30) Vehicle Sales or Rental (a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5-5. TABLE 5-5: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES Parcel Size Lot Coverage Percent * Minimum Building Size * < 2 acres 5% 2,500 square feet 2 acres ≥ 4 acres 10% 10,000 square feet > 4 acres 15% 40,000 square feet * Whichever requires the larger building (b) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-1, Buffer Type “D”) in accordance with section 4.1(G) of this ordinance. Section 4.1(G): Standards for Perimeter Buffers (c) All lighting shall be in compliance with Section 4.4 of this ordinance. (d) The outside sales and display area shall be hard surfaced. __________________________________________________________________________________________ Page 294 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (e) The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. (f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department. (g) There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. (h) A drainage system subject to the approval of the Community Development Department shall be installed. (31) Veterinary Facilities (a) Treatment shall be limited to small household pets unless the facility is conditionally permitted as a rural veterinary facility. (b) The site shall be designed to prevent animal waste from being exposed to stormwater or entering the stormwater system, streams, lakes, or conveyances. If an area is provided for animals walking, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed of properly. (c) Animals shall not be kept outdoors or be allowed to remain outside unsupervised. (d) All animals must be leashed. (e) No outside storage of carcasses. (f) The facility shall be subject to an annual inspection by a City Health Officer at owner's expense. (g) In the CCD, F-1 sub-district, the following additional standards shall apply: (i) Building architecture designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the document “Embracing Downtown Monticello.” (ii) Street-level floor planning designed to accommodate use by or conversion to future use as retail uses. (iii) Overnight animal boarding shall only be allowed as an accessory use to clinic services, and shall be situated so as to prohibit exposure, noise, or other nuisance conditions. ________________________________________________________________________________________________ City of Monticello Zoning Ordinance Page 295 DRAFT FINAL REPORT Embracing Downtown Monticello Monticello CCD Redevelopment City of Monticello, Minnesota Appendix B Design Guidelines EMBRACING DOWNTOWN MONTICELLO DESIGN GUIDELINES November 4, 2011 FRAMEWORK FOR DOWNTOWN DEVELOPMENT The Preferred development plan selected for the CCD Redevelopment shows specific uses and parking relationships that may, or may not accurately depict how opportunities are captured over time within the CCD. However, what is specific about the preferred alternative is the general organization of uses, and the location of types of uses within the CCD. The Redevelopment Framework Plan, depicted below, illustrates the recommended use districts consistent with the preferred plan for the CCD. Proposed use areas, or districts, in the Framework Plan are based on access, location within the CCD, and surrounding land use relationships. The Framework Plan represents the flexibility needed to capture all potential development and redevelopment opportunities for the CCD. As opportunities present themselves and are evaluated, locations for uses should fit the purpose and capabilities of the districts illustrated in the Framework Plan. The use districts are defined in greater deta il as part of the proposed Design Guidelines for the CCD. Figure 21 – Framework Plan DOWNTOWN FRAMEWORK PLAN STRUCTURE FOR DESIGN GUIDELINES The Design Guidelines are intended to correspond to the limits of the CCD Zoning District, and to establish development controls within the CCD. With the recent modifications to the Monticello Zoning Code, the development standards for the CCD District were revised to refer to the CCD Design Guidelines as the controlling legislation for land use, site development standards, and building design standards. The prop osed CCD Design Guidelines have been structured to provide these controls while maintaining the flexibility that will be important to allow response to a wide variety of development and redevelopment opportunities as they present themselves. A key feature of the Design Guidelines is the attempt to draft them so that while they remain somewhat flexible, they also provide enough certainty so that prospective owners and developers can evaluate how they relate to site and building design and the cost implications of conforming to the standards outlined by the Guidelines. The most basic purpose of the Design Guidelines is to establish direction and controls for land use within the CCD. The Framework Plan is the basis for the definition of uses and relationships that have been determined to be desirable to achieve the desired results for the redevelopment of the downtown. Use areas or districts for the CCD are established and described in the Design Guidelines as either Landmark Areas, or Flex Areas. The establishment of these districts, and their location in the CCD, is illustrated in the Design Guideline Zones map on the next page. The Landmark Areas represent locations that have individual, single purpose from a land use perspective. The Flex Areas present a greater range of land use options, and represent the most flexible portions of the CCD. Transitional areas that provide use buffers to adjacent, established residential neighborhoods are included as one of the Flex Area land use types. Eight Landmark Areas have been defined in the Design Guidelines as specific use recommendations that are consistent with the redevelopment plan:  L-1: Public parking ramp to the west of Westbridge Park  L-2: River-oriented shopping in the northwest quadrant of Broadway an d TH-25  L-3: The Cargill properties  L-4: The Community Center  L-5: The Riverfront Park (Westbridge and Eastbridge Parks)  L-6: Future Open Space (current liquor store site)  L-7: Permanent Public Open Space (cemetery)  L-8: Freeway retail (blocks 1,2, and 3 adjacent to I-94) Each of these use areas has its own distinct set of requirements related to the development objectives for the specific use zone. In contrast to the Landmark Areas, Flex Areas have also been established that define areas within the CCD District that require land use flexibility to encourage the success of downtown. Three types of Flex Areas have been defined and incorporated into the Design Guidelines:  F-1: Shopping Area west of Highway 25  F-2 : Convenience and Service Area east of Highway 25  F-3: Transition zones The primary distinction in the Flex Areas is to encourage retail uses west of Highway 25 and to encourage service commercial, office, and clinic uses to the east of Highway 25. This land use arrangement is recommended in order to emphasize Walnut Street as the primary pedestrian zone and north-south connector through the CD, and to limit the need for pedestrian interaction across TH-25. The transition zones are established with uses that will help buffer commercial activity in the CCD District from adjacent residential neighborhoods to the east of Palm Street, and to the west of Maple and Linn Streets. DESIGN GUIDELINE ZONES L-5, L-6, L-7 PUBLIC SPACES: The river front park to the north and cemetery open space to the south provide gateway opportunities that help define the Downtown area. Welcome to Downtown Monticello monuments or public sculptures and other amenities are encouraged for these areas. The southern public spaces offer opportunities for a visual connection to the Community Center- a high demand area for indoor gatherings. The northern park offers opportunities for recreation such as river boating, skating, sliding, picnics, amphitheatre, events, swan related activities, farmers markets and outdoor public gatherings. Active programming of the riverfront as outdoor space can complement active p rogramming of the indoor civic center space. L-8 FREEWAY RETAIL: Key anchor to the south of Downtown district. Freeway oriented shopping drives regional traffic to the area. Convenient and safe pedestrian and vehicular connections through Walnut Street is critical. Design guidelines should remain in the B-4 zoning criteria. CORRIDORS ________________________________________________________________________ 1 BROADWAY STREET: Area for redevelopment and reorientation of storefronts to have both front and back exposure to the street and parking field. Broadway sidewalks ne ed special attention to streetscape enhancements in order to temper the high volume of traffic and to accommodate pedestrian and outdoor seating areas. 2 WALNUT STREET: Area to accommodate both vehicular traffic as well as the major north -south pedestrian corridor from the river to the shopping center north of Hwy 94. This pedestrian corridor is to provide the alternative walking experience to Hwy 25. Storefronts should face the street and provide a human scale atmosphere with sidewalks of an appropriate depth in order to provide ample streetscaping and amenities. 3 HIGHWAY 25: Area intended to capitalize on the intensity of traffic, yet make an immediate positive impression of Downtown Monticello. Structures are located away from the corridor to provide enough room for significant berming and landscaping. Bicycle trails and vehicular movement is the dominant activity. Gateway features such as monuments, sculptures, or public kiosks to welcome residents, commuters, and travelers to the Downtown at both the river crossing and the south end. STREETSCAPE DESIGN GUIDELINES – CORRIDORS Downtown Monticello owes its identity in part to the primary movement corridors along which it is most usually experienced by those who travel through it and those who live, shop, work, and play in the Downtown d istrict. The design recommendations for the Downtown are extracted in part from the positive and negative features of the existing corridors and their existing strengths and shortcomings. The following descriptions attempt to isolate important elements f or three primary corridors that must contribute to the overall image to be created as the downtown area redevelops and revitalizes. For each corridor a brief description of its contribution to the identity of the Downtown area is followed by design objectives for continuing, strengthening, and/or improving upon its contribution. THE BROADWAY STREET CORRIDOR The Broadway Street identity through downtown Monticello is largely created by continuous, varied storefronts along the edge of relatively narrow sidewalks in a mostly hard-surfaced environment. In this respect, Broadway Street and its historic remnants represent the closest model for traditional Downtown Monticello. Visual diversity in this corridor is provided mostly by variations in building architecture. Although the land use recommendations envision partial replacement of existing structures with new buildings in a similar relationship to the street, there will also be necessary open edges created along Broadway to promote visibility to retail development set back from the street. To recapture definition of edges along Broadway, the following streetscape design objectives should apply:  Establish a setback for new structures 10 feet from the existing right-of-way line. The additional corridor width will: o allow expansion of the sidewalk zone with sufficient distance between storefront and curb line to allow for continuous new street tree plantings along both sides of the corridor. o allow for future widening of the roadway lanes to reasonable minimum lane widths while also preserving on-street parking critical to adjacent businesses. o provide additional space for other streetscape elements including outdoor seating area, bicycle parking, signage, and way-finding features.  Reinforce the streetscape identity with consistent street lighting, pedestrian-scale lighting, and other street furnishings as used elsewhere throughout the downtown area as unifying design elements. Encourage the continued and expanded use of ornamental fencing with design origins in the old river bridge for Highway 25.  Street trees should be provided along the Broadway corridor with the same density of spacing as used elsewhere throughout the downtown district to reinforce the grid street pattern and “block” structure of the downt own area.  Where corridor edges are not completed by structures, provide vertical “edge” elements to reinforce the separation of the street corridor and pedestrian sidewalk zones from adjacent open areas. “Edge” features could include walls, fencing, columns, bollards, or landscape hedges that relate to the back side or edge of the sidewalks.  As suggested for the Walnut Street corridor, allow the evolution of sidewalk materials and finishing techniques as sites develop and redevelop along the corridor.  Promote the provision of pedestrian byways and gathering spots along the corridor, especially at or near pedestrian street crossings.  If possible, continue the utilization of medians in this corridor with uniform landscape/streetscape applications to calm traffic and reinforce corridor aesthetics and continuity through the downtown area. THE WALNUT STREET CORRIDOR The identity for the Walnut Street Corridor is currently established primarily by its design elements and adjacent development in the segment between 5th Street and 7th Street. The street corridor in this two-block segment is reinforced by buildings located near the BROADWAY STREET CROSS SECTION street, and by design elements for sidewalks, lighting, and landscape details such as fencing, raised planters, and stamped colored concrete utilized along its length. Design objectives to reinforce and expand the identity of the Walnut Street corridor include:  Provide street trees in boulevard and sidewalk areas to reinforce the corridor spatially and to emphasize the street grid and “block” structure of the downtown area.  Promote infill development near the street edge between 5th Street and 4th Street on both sides of the corridor.  Promote retail development along the west side of the corridor for the two-block segment from 4th street to Broadway. This approach will contribute to defining an edge for Walnut Street while providing visibility from Highway 25.  Promote retail development adjacent to Walnut Street from Broadway north to River Street and the riverfront park area to promote pedestrian movement from Broadway to the park and its potential public parking and activities.  Work with the owners of the retail development on the south side of 7 th Street to extend pedestrian-oriented design features along the private entry drive f rom 7th and Walnut to the storefront area.  Repeat street lighting, pedestrian scale lighting, and site furnishings consistently along the Walnut Street corridor to provide design continuity leading to a recognizable identity for the downtown district.  If building placement, street trees, and site furnishings can provide consistent visual cues along Walnut Street to reinforce its identity as a major downtown corridor, then it may not be necessary to provide absolute design consistency or uniformity in the application of materials used for hard-surfaced walk areas. There is currently an interesting variety in the application of pavement materials and finishing techniques through the downtown area that is eclectic, but part of the identity of the existing downtown. Infill hardscape material should be consistent with, but need not be identical to existing walking surfaces in this corridor.  Consideration should be given to providing distinct and highly visible pedestrian crosswalk designs to enhance pedestrian movement at local street intersections along Walnut Street from 4th Street south to 7th Street. This approach would create a recognizable design feature that could be replicated at Broadway, and at a plaza terminus at the north end of Walnut. These featur es would strengthen the identity of Walnut Street as a pedestrian-friendly corridor.  Promote the provision of pedestrian byways and gathering spots along the corridor, especially at or near pedestrian street crossings. THE HIGHWAY 25 CORRIDOR The identity of the Highway 25 corridor varies dramatically from the south end at Highway 94 where it is wide open and expansive, to the north end at Broadway where it is narrow and constrained by existing structures on either side of its 80-foot wide right- of-way. Tight conditions and high traffic levels in the corridor make it an unpleasant location for pedestrian circulation, so the corridor is largely experienced from vehicles passing through it. The variation in spatial relationships and general lack of consi stent design elements and landscaping detract from a positive identity within the downtown area. Design objectives to improve the identity for the Highway 25 corridor through the downtown area from Highway 94 to the river crossing include:  Provide for street trees to frame the corridor and enclose the unconfined southern end.  Provide “edge” elements from the ground plane to a height just below eye level for travelers along the corridor to define a boundary for the corridor while still allowing visibility to development beyond the new “edge”.  Include streetscape elements in repetitive fashion to establish continuity along the corridor. Streetscape elements used in this way should include consistent street lighting, signage, way-finding elements, and possibly larger structures marking entry points to the downtown at the northerly and southerly gateways to the downtown district. WALNUT STREET CROSS SECTION  Provide for a bicycle trail along the west edge of the roadway, set back from the edge of the roadway and protected by a landscaped boulevard area.  Reserve up to 10 feet of lot area along the east and west sides of the corridor from 5th Street north to Broadway. Reserved areas should be acquired for MnDOT right-of-way to expand the width available for corridor improvements from 80 to 100 feet. Building setback lines should be established ten feet to the east and west of the existing right-of-way line to prevent redevelopment within the reserved area until the right-of-way can be dedicated or acquired.  Pedestrian interaction with the Highway 25 corridor should be limited to the establishment of safe pedestrian crossings at Broadway, 4th Street, and 7th Street. Gathering places should be located a safe distance from this corridor. HIGHWAY 25 TYPICAL CROSS SECTION HIGHWAY 25 CROSS SECTION WITH TURN LANE Planning Commission Agenda 7/03/12 6. Public Hearing Consideration of a request for Rezoning from B-3 (Highway Business) to B-4 (Regional Business) and a Conditional Use Permit for Cross and Joint Parking for a commercial development including a Clinic use. Applicant: Mickle, Bill & Warnert Commercial Realty (NAC) Property: Monticello Chiropractic Lots 1 & 2, Block 1, Warnert Retail Highway 25 & Cedar Street The site is located south of Chelsea Road between Highway 25 and Cedar Street. The subject building (Building A) is being constructed as part of the retail portion of the property. The first commercial building (Building B to the south), is a 17,297 square foot combined retail/restaurant shopping center, approved by the City for development in 2006. Planning Case Number: 2012-022 A. REFERENCE & BACKGROUND Request(s): Rezoning the subject parcel from B-3, Highway Business District to B-4, Regional Business District; Conditional Use Permit to allow cross parking between Building A and Building B of the Warnert Retail Development. th Deadline for Decision: August 5, 2012 Land Use Designation: Places to Shop Zoning Designation: B-3, Highway Business District - provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Current Site Use: Current uses for Building B of the Warnert Retail Development include retail shopping and a Pizza Ranch Њ Planning Commission Agenda 7/03/12 restaurant. Building A is proposed to include Monticello Chiropractic, and potentially other tenant space in the future. Surrounding Land Uses: North: Chelsea Road, Commercial Court East: Non-Homestead Commercial Land & Bldgs South: Commercial Plaza 25 West: Highway 25, Commercial Sandberg South Project Analysis: REZONING The applicants have requested a rezoning of Lots 1 and 2, Block 1 of the plat of Warnert Retail, from a B-3 (Highway Business) District to a B-4 (Regional Business) District, to Chapter 2.4 B (5) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration 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; or (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. The subject site is guided for commercial uses, and developed with businesses involved with the sale of goods & services, both local and regional in nature. Offices for service businesses, such as the proposed Monticello Chiropractic, would be a guided land use in this category. -3 Highway Business District designation provides for commercial and services activities, its standards best support the needs of motor vehicle Ћ Planning Commission Agenda 7/03/12 oriented activities. Rezoning the site to a B-4 Regional Business District would continue to support local & regional scale commercial and service activities, while addressing the needs of a more diverse and less automobile dependent set of businesses. In this regard, the rezoning of the property as proposed would be consistent with the goals & objectives Additionally, the B-4 District allows for the proposed -3 District does not allow clinic or medical services as either permitted or conditional uses. Future Site Development. Future development (or redevelopment) of the site will be subject to site and building plan review procedures. In that regard, future development plans will be subject to review and recommendation by the Planning Commission and approval by the City Council. CONDITIONAL USE PERMIT CROSS and JOINT PARKING Project Description: The purpose of the B-4 (Regional Business) District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. In the B-4 District, parking areas may be shared between two uses if approved by a conditional use permit The applicant has requested a Conditional Use Permit Amendment to allow cross and joint parking uses between the subject sites, an approximate 7500 square foot chiropractic office located south of Chelsea Road between Highway 25 and Cedar Street (Building A), and an existing 17,297 square foot retail/restaurant shopping center located to the south (Building B). The site plan for Building A illustrates a building of 7548 square feet on a parcel with 112 parking spaces. This includes 71 existing parking stalls, 56 of which are currently allocated as shared parking to meet the demand for the Pizza Ranch restaurant in Building B to the south, and 41 newly proposed parking stalls. The proposed Monticello Chiropractic building requires 30.2 (30) stalls (4 stalls per 1000 sq ft), so the total required stalls for the site is 86 (56 for shared parking for Pizza Ranch and 30 stalls for the new building). Should all 41 new stalls be created, there will be a surplus of 26 additional stalls above the 86 required. Ќ Planning Commission Agenda 7/03/12 CUP Evaluation Criteria: In consideration of conditional use permit applications, Chapter 2.4 (D) of the Ordinance establishes a number of criteria that must be satisfied. These are as follows: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; (iv) The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City code requirements; (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. Staff response: The plans show that each of the above criteria to be met by the proposed plans. Parking Requirements and Design. As part of the original PUD review for the Warnert Retail development in 2006, it was determined that parking stall & drive aisle dimensions met the minimum requirements of the Code. The proposed parking stall & drive aisle parking area also meets minimum requirements of the Code, as seen in Section 4.8 (E). Chapter 4.8, Section G identifies base location and design standards for all commercial, industrial and institutional uses, and sets the requirements for approval of cross parking by conditional use permit. (1) Location of Required Parking for Commercial, Industrial, & Civic Institutional Uses (a) In business, industrial and institutional areas, no parking area may be located upon a public drainage and/or utility easement adjoining a public street Ѝ Planning Commission Agenda 7/03/12 without an encroachment agreement approved by the Community Development Department. (2) Vehicular Use Area Design Applicable to Commercial, Industrial & Civic/Institutional Uses (a) Access and Curbing (i) Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the Community Development Department. (ii) Curb cut access shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. (iii) All off-street parking areas and driveways shall have a six (6) inch nonsurmountable continuous concrete curb around the perimeter of the parking area and driveways. (iv) Adjoining business properties may allow cross parking and/or access if authorized by a Conditional Use per the requirements of Section 2.4(D) and subject the following conditions: 1. The required island and landscaping requirements in Section 4.1 are met. Staff response: The plans show that each of the above criteria to be met, subject to the analysis and conditions associated with the proposed landscaping plan below. In addition to CUP requirements for cross parking areas, adjoining business properties may allow joint parking if authorized by a Conditional Use Permit, subject to the following conditions listed in Section 4.8 G(3). (3) Joint Facilities for Commercial, Industrial & Civic/Institutional Uses The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: Ў Planning Commission Agenda 7/03/12 (a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as a primarily daytime use in subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants. (d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses. Staff response. Fifty (50) percent or less of the required parking facilities for the Pizza Ranch restaurant in Building B will be supplied by the off-street parking facilities associated with the Monticello Chiropractic office in Building A to the north. Building B, including the restaurant, requires 135 spaces, 56 of which are attained from Building The chiropractic office in Building A requires 30 parking stalls (4 stalls required per 1,000 sq ft), all of which will be attained in its own proposed parking facilities (proposed parking facilities for Lot 1 include 113 stalls 30 for Building A, 56 for Building B, and 27 extra stalls). In addition, the chiropractic office would be considered as primarily a daytime use. Staff response. (e) Conditions required for joint use: (i) The building or use for which application is being made to utilize the off- street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre parking provided by another use shall be located within five hundred (500) feet of said theatre. Staff response. The Pizza Ranch restaurant is within three hundred (300) feet of the off street parking facilities associated with the Monticello Chiropractic building. (ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. Џ Planning Commission Agenda 7/03/12 Staff response. The applicant should supply this information to verify compliance, however, the uses appear to be compatible with each other for purposes of the joint use parking requirements. (iii) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. Staff response. This standard will need to be met, as described in Exhibit Z. The following off-street parking supply analysis summarizes site parking conditions: Required Spaces Proposed Spaces Difference Building A 30 113 + 83 Building B 135 79 -56 165 192 27 Total for site As illustrated in the chart above, the parking requirement for Building B (combined retail/restaurant) is not met by its associated parking facilities. As a result, space for 56 additional stalls was required, which was attained through the use of available parking space in the Building A parcel. Seventy-one (71) spaces were previously built in the Building A lot to immediately serve the needs of Building B, and 41 additional spaces are now proposed in association with the construction and requirement of Building A. As the Pizza Ranch restaurant will attract a significant amount of evening patronage, and the chiropractic office in Building A will attract primarily day patronage, there should be little conflict of interest in the shared use of Building A parking facilities. In addition, the combined required amount for both buildings. Landscaping Requirements. New development is required to comply with Chapter 4, Section1 - Landscaping compliance with these regulations. Section 4.1 (F) Standards for Vehicular Use Area Landscaping А Planning Commission Agenda 7/03/12 All vehicular use areas shall include landscaping both within the interior of the vehicular use area and around its perimeter, as a means Staff response. Landscaping is designed within the vehicle use area and around the perimeter, with the exception of the west perimeter, adjacent to Highway 25. Though landscaping quotas have been met, staff would recommend that some of the deciduous canopy trees (at a minimum) be placed along the west perimeter, to improve appearance of lot, and create visual continuity with other landscaping. (2) Interior Vehicular Use Area Landscaping Standards All vehicular use areas shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with the following. (a) Configuration Interior planting areas shall be designed in accordance with the following standards: (i) Islands shall be located at the end of parking bays and have a minimum size of 180 square feet when adjacent to single loaded parking spaces, and a minimum size of 360 square feet when adjacent to double loaded parking spaces. Staff response. The above requirement is not met for the double loaded parking bay in the parking area associated with Building A. The individual islands on either end of the bay total 280 sf ft or less. To meet the parking island size requirement, the applicant may consider removing four parking stalls, two on either end of the bay adjacent to the islands, using the available space to expand the islands. Parking quotas would still be met, as parking area is currently designed to incorporate 27 surplus stalls, given that shared parking is approved. (ii) The maximum length of a parking bay to be bounded by interior planting islands shall be in accordance with Table 4-1. Staff response. Maximum length of parking bays before planting islands are applied meets the twenty-four (24) stalls or less requirement for commercial districts. (iii) Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement. Staff response. Landscaped plantings are distributed throughout the parking area. As noted above, very few trees are used on the south or west aspects of the parking area. Expanded parking islands on either side of the double loaded parking aisle may allow for the addition of canopy trees, to create improved shade conditions in the parking area. Б Planning Commission Agenda 7/03/12 (iv) Driveway and primary drive aisle medians shall have a minimum width of four feet for medians containing shrubs and six feet for medians containing both shrubs and understory trees. Staff response. Parking islands meet a minimum of four (4) feet in width. No driveway or primary drive aisle medians are proposed. (v) Each interior planting island shall contain at least one canopy or understory tree per every 180 square feet, or portion thereof, of the total landscape island area. Staff response. The interior planting island at the south end of the double loaded parking bay is at least 180 sq ft, but does not contain a canopy or understory tree. Islands at the ends of the single loaded parking bays adjacent to the building are paved and have concrete planters, but no trees. Once parking islands at end of the double loaded parking bay are expanded to the required 360 sq ft size, canopy trees should be incorporated. (vi) Shrubs shall be planted within landscaping islands at a minimum rate necessary to ensure that at least 25 percent of the total land area occupied by landscaping islands is planted with shrubs. Staff response. Shrubs planted within landscaping islands meet the minimum requirement of 25% for total land area occupied. Islands at the ends of the single loaded parking bays adjacent to the building are paved with concrete planters. Other issues pertaining to the proposed Monticello Chiropractic building and site: Signage. Section 4.8 (E) (2) (g) No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. The applicants have not supplied additional signage details at this time, however, it is expected that a sign request may be forthcoming in the future. Trash Enclosure/Handling. The Architectural Site Plan for the Monticello Chiropractic office indicates a trash enclosure on the east side of the building. It appears from the plans that the enclosure is to be constructed of materials used in the construction of the building. The final design of the trash enclosure must meet the screening requirements of Section 4.1 (I). Lighting. Four light poles currently exist along the west and north perimeter of Building nal light poles on the north side of the lot. No additional photometric lighting plan was provided В Planning Commission Agenda 7/03/12 Lighting Ordinance as described in Section 4.4. Grading, Drainage, and Utilities. Issues related to grading, drainage, and utilities should be subject to the review and comment of the City Engineer. Specific comment should be provided in regard to stormwater drainage issues associated with the joint parking area. Building Finishes. As shown on the submitted building elevations, the exterior of Building A will be made of a combination of concrete masonry units, prefinished metal flashing, and insulated glass, and will incorporate a canopy (dark bronze). These materials Section 4.11 (D). B. ALTERNATIVE ACTIONS Decision 1: Resolution for Rezoning Lots 1 and 2, Block 1, Warnert Commercial 1. Motion to approve Resolution 2012-063 recommending approval of the Rezoning of Lots 1 and 2, Block 1, Warnert Retail, to a B-4 (Regional Business) District. 2. Motion to deny Resolution 2012-063 recommending approval of the Rezoning of Lots 1 and 2, Bloack 1, Warnert Retail, to a B-4 (Regional Business) District. 3. Motion to table action on the request, pending additional information as identified by the Planning Commission and staff report. Decision 2: Resolution of Recommendation for Conditional Use Permit for Cross and Joint Parking 4. Motion to approve Resolution 2012-064 recommending approval of the Conditional Use Permit for joint and cross parking and access, contingent on compliance with those conditions specified in Exhibit Z. 5. Motion to deny Resolution 2012-064 recommending for a Conditional Use Permit for joint and cross parking and access, based on findings to be made by the Planning Commission. 6. Motion to table action on the request, pending additional information as identified by the Planning Commission and staff report. ЊЉ Planning Commission Agenda 7/03/12 C. STAFF RECOMMNDATION Subject to the conditions listed in Exhibit Z, staff recommends Alternative 1 for both decisions 1 and 2 above. The plans are consistent with the previously reviewed project concepts, with the understanding that details of the landscaping improvements were to be addressed at the time of the second phase of building construction. D. SUPPORTING DATA A. Resolution 2012-063 B. Resolution 2012-064 C. Aerial Image D. Plat of Warnert Retail E. Applicant Narrative F. Application Plans 1. Title Sheet 2. Site Plan 3. Architectural Site Plan 4. Suggested Landscaping Plan 5. Architectural Floor Plan 6. Exterior Elevations/Sign Plan 7. Building Elevation Examples Z. Conditions of Approval ЊЊ Planning Commission Agenda 7/03/12 Exhibit Z Conditions of Approval Warnert Retail Development Conditional Use Permit for Cross and Joint Parking and Access Highway 25 and Chelsea Road 1. Disperse some of the landscaping, particularly overstory trees, to the west perimeter property line to meet the requirements of the zoning ordinance. 2. Expand or add islands within the parking lot to meet the requirements of the zoning ordinance relating to the square footage of landscaped islands. 3. Add canopy plantings to the parking lot islands to shade the parking area and minimize reflected heat, per zoning ordinance requirements. 4. Add shrub planting areas to meet the 25% coverage requirement of the zoning ordinance. 5. Applicant should verify peak use times for the subject property uses to validate parking arrangements. 6. Applicant must execute the required agreement for cross access, use, and maintenance. 7. Signage, screening and lighting are verified to comply with zoning ordinance requirements. 8. Grading, drainage, and utilities requirements subject to the comment and requirements of the City Engineer. ЊЋ CITYOFMONTICELLOPLANNINGCOMMISSION WRIGHTCOUNTY,MINNESOTA RESOLUTIONNO.2012-063 Date:July3,2012ResolutionNo.2012-063 MotionBy:SecondedBy: ARESOLUTIONRECOMMENDINGAPPROVALOFANAMENDMENTTO THEMONTICELLOZONINGMAPBYREZONINGLOT1&2,BLOCK1,WARNERT RETAILFROMB-3,HIGHWAYBUSINESSDISTRICTTOB-4,REGIONALBUSINESS DISTRICT. WHEREAS,theCityofMonticellohasadoptedazoningmapprovidingfortheregulationofland usesinvariouszoningdistricts;and WHEREAS,Lot1&2,Block1,WarnertRetaillarezonedB-3,HighwayBusinessDistrict;and WHEREAS,Lot1&2,Block1,WarnertRetailareidentifiedintheCity’sLandUsePlanasbeing guidedfor“PlacestoShop;and WHEREAS,Lot1&2,Block1,WarnertRetailexhibitthecharacteristicsofvisibility,accessibility, andsimilarconditionsthatwouldsupportretail,office,andrelatedlanduses;and WHEREAS,thePlanningCommissionoftheCityofMonticellofindsthattherezoningwill consistentwiththeComprehensivelanduseplan;and WHEREAS,thePlanningCommissionhasconductedapublichearingonJuly3,2012toreviewthe requestsandreceivepubliccommentontherezoning; WHEREAS,thePlanningCommissionfindsthatthemostappropriatezoningdistrictfortheproperty inimplementationoftheCity’sLandUsePlanisB-4,RegionalBusiness;and NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof Monticello,Minnesota: ThePlanningCommissionrecommendsthattheCityCouncilrezoneLot1and2,Block1,Warnert RetailfromB-3,HighwayBusinessDistricttoB-4,RegionalBusinessDistrict. ADOPTED this3rddayofJuly2012,bythePlanningCommissionoftheCityof Monticello,Minnesota. MONTICELLOPLANNINGCOMMISSION By:_______________________________ WilliamSpartz,Chair ATTEST: ___________________________________ JeffO’Neill,CityAdministrator CITYOFMONTICELLOPLANNINGCOMMISSION WRIGHTCOUNTY,MINNESOTA RESOLUTIONNO.2012–064 Date:July3,2012ResolutionNo.2012-064 MotionBy:SecondedBy: ARESOLUTIONRECOMMENDINGAPPROVALOFACONDITIONALUSEPERMIT FORCROSSACCESSANDCROSSANDJOINTPARKING. WHEREAS,theCityofMonticellohasadoptedazoningordinanceallowingadjoiningpropertyto sharedrivewayaccessandparkingareasbyConditionalUsePermit;and WHEREAS,theparcel(s)subjecttothisConditionalUsePermitarelegallydescribedasLot1&2, Block1,WarnertRetail;and WHEREAS,thesubjectpropertyispartofacoordinateddevelopmentoflandusesrelyingon commonaccessdrivewaysandcommonparkingareasservingthevariousproperties,buildings,and tenants;and WHEREAS,suchcommonparkingandaccessdrivewaysresultinenhancedsafetyontheadjoining roadways;and WHEREAS,thePlanningCommissionhasheldapublichearingonJuly3,2012toreviewthe requestandreceivepubliccomments;and WHEREAS,thePlanningCommissionhasreviewedthestaffreportandincorporatedthe requirementsandconditionstheExhibitZofsaidreport;and WHEREAS,thePlanningCommissionfindsthattheConditionalUsePermitforcrossaccessand crossandjointparkingwill,whenconsideredwiththerequirementsandconditionsofExhibitZof saidstaffreport,meetthecriteriarequiredbytheZoningOrdinanceforconsiderationofsuchpermit; NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof Monticello,Minnesota: ThePlanningCommissionrecommendsthattheCityCouncilapprovetheConditionalUsePermitfor crossaccessandcrossandjointparkingforthesubjectproperty,togetherwiththerequirementsand conditionsofExhibitZofthestaffreport. ADOPTED this3rddayofJuly2012,bythePlanningCommissionoftheCityof Monticello,Minnesota. MONTICELLOPLANNINGCOMMISSION By:_______________________________ WilliamSpartz,Chair ATTEST: ___________________________________ JeffO’Neill,CityAdministrator Planning Commission Agenda: 07/03/12 7. Public Hearing Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapters and Sections: 3.3(D) Common Yard & Height Requirements 3.4(E) Single-Family Residential District 3.4(H) R-3 Medium Density Residential District 3.7(H) Performance Overlay District 4.3(C) Fences and Walls 4.8 - Off-Street Parking 5.1 - Use Table 5.2(G) Regulations for Industrial Uses 5.3 - Accessory Uses 5.4 - Temporary Uses 8.2 Rules of Measurement 8.4 - Definitions A. REFERENCE AND BACKGROUND: Staff has identified minor corrections and/or clarifications to the Monticello Zoning . The proposed amendments are a result of the new zoning . Many of the proposed the City and may require additional discussion. However, planning staff is asking the Commission to table the hearing on the proposed amendments to the August meeting in order to allow for additional discussion and review. It is anticipated that the Commission may have questions or request supplemental supporting material in order to evaluate some of the proposed amendments. In addition, staff have found other amendments (code sections 4.5 Signs and 4.9 Off- Street Loading) to be noticed and presented for review with those included in this report. 1. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 3.3(D), as related to Allowable Yard Encroachments The amendment proposed is to better define required requirements for yard encroachments. At the current time, the ordinance only specifies setbacks on side yard lot lines without reference to corner lot properties. In addition, the ordinance is unclear on whether structures such as open decks and patios are allowed in side yard areas. sory within Chapter 5, Section 3(B). It is recommended that all standards for these types 1 Planning Commission Agenda: 07/03/12 of structures be contained in one code section. Finally, the current ordinance allows the encroachment of porches, which are considered to be part of the principle structure, to encroach into required yards. Staff is recommending three changes to this section in order to better clarify this section of ordinance, as follows. Additional changes related to minor and major accessory structures can be found in the review of Chapter 5, Section 3. Text of amendment: 3.3(D)(2)(a)(iii) Allowable Yard Encroachments (iii) In rear and side yards: recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, decks, major and minor accessory buildings, and air conditioning or heating equipment subject to the following conditions: 1. Setback requirements of environmental protection districts shall remain applicable. 2. A side yard setback of six (6) feet shall be maintained for all interior lots. 3. abutting public streets. 3.4. A rear yard setback of ten (10) six (6) feet shall be maintained. 4.5. No encroachment shall be permitted within an existing or required easement. 2. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(E) - Illustration The illustration in this section incorrectly identifies the front yard setback at side yard setback for corner in the left lot graphic. The numbers are transposed. 2 Planning Commission Agenda: 07/03/12 3. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(H) as related to Density Standards for Medium-Density Residential This amendment asks the City to consider allowing higher densities in the R-3 than currently listed, as the densities provided may be restrictive in terms of the amount of land required to construct a multi-family structure such as an apartment complex or senior living facility. For reference, Silvercrest Apartments, a 35 unit apartment complex located in an R-3 District, would become non-compliant with this ordinance. The complex is located on a 1.9 acre parcel, resulting in an overall density of over 18 units per gross acre. In another example, Autumn Ridge, a PUD townhome development located in an R-3 district, is at a density of 7.8 units per gross acre. The existing code language allows up to 14 units per gross acre under performance or PUD standards, and up to 7.3 units per gross acre as a base density. The City may wish to consider an increase the allowable density per gross acre for both the base and Performance & PUD standards. Other options outside of straight increases to the densities liste- district with higher density allowances, or to separate out density allowances for PUD and Performance areas. This would create a graduated scale of densities for the R-3 District. Additional information and proposed ordinance language will be prepared for the August meeting. The text of the ordinance is included as supporting data, for reference. 4. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 7(H) as related to the Performance Overlay District During the updating of the Zoning Ordinance in 2010-2011, the Commission recommended (and the City ultimately approved) the elimination of the Performance Zone-Residential and Performance Zone-Mixed Districts in favor of a by-right zoning Performance Zone overlay. The overlay was then applied to some, but not all, of the previous performance-zoned areas. In considering the practical application of the Performance Zone Overlay District, the use of CUP may be an appropriate requirement in some cases (as opposed to by-right development) in order to evaluate land use impacts between and among mixed commercial and residential uses. Conditional use permits are not currently required for mixed commercial and residential uses in the Performance Zone Overlay. th In example, for corner lot properties along West 6 Street, currently zoned R-3 with a PZ overlay, the introduction of B-2 commercial uses into an exclusively residential district would be allowed by right under the current Performance Zone Overlay regulations, subject to the subsection provisions. 3 Planning Commission Agenda: 07/03/12 Staff is recommending an amendment which would require a CUP for the development of new commercial uses within residential areas. Text of amendment: 3.7(H)(6)(b): (b) Non-residential uses in Mixed Use Developments (i) New non-residential uses in a mixed use development shall be restricted to lots adjacent to existing non-residential uses or lots at corner locations. (ii) New non-residential uses in a mixed use development on corner lots within the R-3 District shall be authorized by conditional use permit pursuant to Section 2.4(D). (iii) Buildings shall incorporate one or more transitional features as required by the Community Development Department (see Section 4.7, Transitional Features). (iv) When the underlying zoning district is B-1 or B-2, individual retail and other commercial uses shall not exceed 5,000 square feet unless authorized by a conditional use permit pursuant to Section 2.4(D). (v) Developments are encouraged to situate buildings at the street frontage, locating parking to the side and rear of buildings to avoid views of large, paved parking areas from public rights-of-way. (vi) Loading and service areas shall be placed to the sides or rear of a structure, or shall imizing their appearance. 5. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 3(C) as related to Fences and Walls Upon further review of this section, no amendment is necessary at this time. 6. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 8 as related to Off-Street Parking The first proposed amendment to this section is a housekeeping amendment, proposed to require concrete curb barriers as specified by the City Plan Requirements and Design Guidelines. The current ordinance does not specify the concrete material requirement. 4 Planning Commission Agenda: 07/03/12 Text of amendment: 4.8(E)(2) - Vehicular Use Area Design (a) Curb Cuts and Access (i) Each property shall be allowed one (1) curb cut access per one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. (ii) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet. (iii) Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. (iv) Driveway access curb openings on a public street except for single, two-family, and townhouse dwellings shall not be located less than forty (40) feet from one another. (v) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. (vi) All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Community Development Department. Size of culvert shall be determined by the Community Development Department but shall be a minimum of fifteen (15) inches in diameter. (vii) Except for single, two-family, and townhouse residential development (and as otherwise noted in this ordinance), all open vehicular use areas shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. The second proposed amendment to this section is the addition of an illustration intended to provide additional clarity to the dimensional standards required via section 4.8(E)(2)(b)(ii). 5 Planning Commission Agenda: 07/03/12 The third proposed amendment outlines parking requirements for specific types of restaurants or areas of restaurants. Currently, the ordinance specifies two types of restaurants, sit-down and drive-through. However, many restaurants incorporate both elements and the ordinance currently lacks clarity in the ability to calculate for each type of restaurant use area. The proposed amendment allows each area to be calculated independently under the restaurant heading as follows. No changes to the parking space requirements are proposed under this amendment. Use Type Minimum # of Spaces & Additional Requirements Commercial Uses (continued) Restaurants Sit Down Restaurants/Sit Down/Dining 1.0 space for each forty (40) square feet of gross floor area of dining and Area bar area Drive Through Restaurants - Pick-Up or 1.0 space for each fifteen (15) square feet of gross floor area but not less Counter Area than fifteen (15) spaces Kitchen Area 1.0 space space for each eighty (80) square feet of kitchen area 7. Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 1 Use Table In order to maintain consistency with the proposed changes to the CCD regulations, which includes adoption of a new use table specific to the CCD, staff is proposing to amend the names of uses listed within Table 5-1 consistent with the proposed use titles for the CCD. Corresponding changes will be made to the Definitions section of ordinance, as well. Please note that the tables included below do not include the proposed changes related to the CCD District, as those are covered in the staff report and proposed amendments for Item 5 of this meeting. In addition to the changes noted above, staff would also propose to add single-family mitted only in the B-1 district. Chapter 3, Section C allows residential dwellings in the B-1 district. 6 Planning Commission Agenda: 07/03/12 TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional CI Requirements ARRRTRMBBBBII CB erim Permitted O A 1 2 N 3 H 1 2 3 4 1 2 D C Agricultural Uses Agriculture 5.2(B)(1) P P P P P P P P P P P P P P P Agricultural Sales P 5.2(B)(2) Community Gardens P P P P P P P P P 5.2(B)(3) Stables C 5.2(B)(4) Residential Uses 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Single-Family P - Duplex P 5.2(C)(2)(b) - Townhouse C P 5.2(C)(2)(c) - Multiple-Family C P C P 5.2(C)(2)(d) Detached Dwelling None P P P P P P Group Residential Facility, 5.2(C)(3) P P P P P Single Family Group Residential Facility, P P 5.2(C)(3) Multi-family Mobile & Manufactured Home / 5.2(C)(4) C C P C C Home Park Civic & Institutional Uses Active Park Facilities (public) P P P P P P P P P P P P P P P None Active Park Facilities (private) P P P P P P P 5.2(D)(1) Assisted Living Facilities C P C P C 5.2(D)(2) Cemeteries C C C C C C 5.2(D)(3) Clinics/Medical Services C P P P C None Essential Services None P P P P P P P P P P P P P P P Hospitals 5.2(D)(4) C P P P C Nursing/Convalescent Home 5.2(D)(5) C C C C C C C C P P P Passenger Terminal None C C C C C Passive Parks and Open Space None P P P P P P P P P P P P P P P Public Buildings or Uses C C C C C C P C C P P P C P P 5.2(D)(6) Schools, K-12 C C C C P C I I 5.2(D)(7) Schools, Higher Education C C None Place of Public Assembly C C C C P C 5.2(D)(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9) 7 Planning Commission Agenda: 07/03/12 TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional CI Requirements ARRRTRMBBBBII CB mitted O A 1 2 N 3 H 1 2 3 4 1 2 D C Office Uses Offices 5.2(E) P P P P P P P Commercial Uses Adult Uses P P 3.7(J) Auction House C 5.2(F)(2) Auto Repair Minor C C C P P 5.2(F)(3) 5.2(F)(4) Automotive Wash Facilities P C C 5.2(F)(5) Bed & Breakfasts C C C C C 5.2(F)(6) Boarding House C none Business Support Services P P P P P 5.2(F)(15) Commercial Lodging C P P C Communications/Broadcasting P P P P 5.2(F)(7) Convenience Retail C P P P 5.2(F)(8) Country Club C 5.2(F)(9) Day Care Centers C C P P P C 5.2(F)(10) Entertainment/Recreation, P P C C 5.2(F)(11) Indoor Commercial Entertainment/Recreation, 5.2(F)(12) C C C C Outdoor Commercial 5.2(F)(13) Financial Institution P P P 5.2(F)(14) Funeral Services P P P 5.2(F)(15) Hotels or Motels C P C P 5.2(F)(16) Kennels (commercial) C Landscaping / Nursery Business P 5.2(F)(17) Personal Services C P P P 5.2(F)(18) Recreational Vehicle Camp Site C 5.2(F)(19) Repair Establishment C P P P P P 5.2(F)(20) Restaurants C P P C 5.2(F)(21) Retail Commercial Uses (other) P P P 5.2(F)(22) Specialty Eating Establishments C P P P 5.2(F)(23) Vehicle Fuel Sales C C C C 5.2(F)(24) Vehicle Sales and Rental C C 5.2(F)(25) Veterinary Facilities (Rural) C 5.2(F)(26) Veterinary Facilities C C C C 5.2(F)(26) (Neighborhood) 8 Planning Commission Agenda: 07/03/12 8. Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 3(G) as related to Regulations for Industrial Uses Bulk Fuel Sales & Storage is a permitted use in the I-1 and I-2 District. However, the Zoning Ordinance includes no specific regulations pertaining to liquid gases in the Bulk Fuel Sales & Storage use category. For reference, the previous zoning ordinance required a conditional use permit for such uses in the I-2 District, although no specific conditions were listed. Staff is preparing proposed regulations for these uses, consulting with area to duplicate requirements of other agencies, but to provide the City with regulations that directly relate to the specific land use impacts of this type of use. In addition, the City may consider whether the ordinance should be amended to require a conditional use permit in either or both the I-1 and I-2 Districts. In developing the proposed amendments, staff will also be consulting with the existing bulk fuel provider in the community. Commission meeting. 9. Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 3 as related to Accessory Uses and Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 4, as related to Temporary Uses These two amendments are being described together due to the relationship between the uses and required permitting. In working with the Deputy City Clerk on the issuance of Transient Merchant permits, (which are regulated by City Code), amendments to the existing Accessory Uses and Temporary Uses & Structures regulations have become necessary in order to avoid the necessity of obtaining multiple permits through the City. Any vendor operating a temporary, transient business must obtain a Transient Merchant permit. The transient merchant regulations require the applicant to comply with all existing city codes and ordinances, including zoning regulations for parking and signage. As such, no secondary land use permit for wayside stands or seasonal sales are needed for these vendors. Existing businesses who wish to provide for seasonal outdoor or sidewalk sales at their place of business are allowed to do so under the accessory use regulations for Outdoor Sidewalk Sales, or under the Seasonal Sales provisions of the Temporary Use regulations. 9 Planning Commission Agenda: 07/03/12 In addition to amendments as noted above, staff is proposing amendments to the Accessory Use table and regulations to allow Entertainment/Recreation Outdoor Commercial as an allowable accessory use in select commercial districts. This is to allow for outdoor uses without direct sales occurring outdoors (such as volleyball courts, etc.) Text of amendment(s): TABLE 5-4: ACCESSORY USES BY DISTRICT Use Types Base Zoning Districts Additional CI Requirements ARRRTRMBBBBII CB = Interim Permitted O A 1 2 N 3 H 1 2 3 4 1 2 D C Accessory Dwelling Unit P P P P P 5.3(D)(1) Accessory Building minor 5.3(D)(2) P P P P P P P P P P P P P P P feet) Accessory Building major P P P P P P C P P P P P P P P 5.3(D)(3) (> 120 square feet) Adult Use accessory C 5.3(D)(4) Agricultural Buildings P 5.3(D)(5) Automated Teller Machines P P P P P P P P 5.3(D)(6) (ATMs) Boarder(s) P P P 5.3(D)(7) Commercial Canopies P P P P P P P P 5.3(D)(8) Communication Antennas and P P P P P P P P P P P P P P P 5.3(D)(9) Antenna Support Structures Donation Drop-off Containers P P 5.3(D)(10) Drive-Through Services P P P C P P P 5.3(D)(11) Entertainment/Recreation C C C C 5.3(D)(12) Outdoor Commercial 5.3(D) (12) Entertainment/Recreation Outdoor Commercial (a) When abutting a residential use, the property shall be screened with at least a semi- opaque buffer (Table 4-2 this ordinance. (b) Adequate measures to contain the proposed activity on the subject site shall be provided (c) Dust and noise are controlled consistent with City Ordinance. Note: All subsequent subsections will be renumerated due to addition of above. 10 Planning Commission Agenda: 07/03/12 TABLE 5-6: TEMPORARY USES & STRUCTURES Additional Temporary Use or Structure Allowable Duration (per site) Permit(s) Required Requirements Temporary Structure Until issuance of certificate of occupancy Construction Dumpster (on or two days following expiration or Yes Sec 5.4(E)(1)(a) public ROW/property) finaling of a building permit Construction Dumpster (on 30 days without a building permit No Sec 5.4(E)(1)(b) private property) Construction Trailer Until issuance of certificate of occupancy Yes Sec 5.4(E)(2) Recreational Vehicle Use 1 month Yes Sec 5.4(E)(3) Real Estate Office / Model Until 85% occupancy of the phase is Yes + Building Sec 5.4(E)(4) Sales Home reached Permit Yes + Building Temporary Mobile Cell Site 30 days Sec 5.4(E)(5) Permit Temporary Sign 40 days per year Yes Sec 4.5(I) Temporary Storage in a 30 days per year Yes Sec 5.4(E)(6) Portable Container Tents, Canopies, Tarp 30 days per year Yes Sec 5.4(E)(7) Garages, and Hoop Buildings Temporary Sale Continuous; up to 5 months per year on Yes Sec 5.4(E)(8) a single site 4 days per event; 3 events total per Garage/Yard Sale No Sec 5.4(E)(9) calendar year 60 days per permit; 120 days per Sec 5.4(E)(7) & Seasonal Sales Yes calendar year maximum term Sec 5.4(E)(12) Temporary Merchant See Title 3, Chapter 10 of City Code 3 days per week; up to 4 months per No Sec 5.4(E)(10) year on a site Wayside Stands See Title 3, Chapter 10 of City Code Special Events 14 days per calendar year, per parcel Special Events Yes Sec 5.4(E)(11) unless expressly stated otherwise Additional amendments to Chapter 5, Section 3(B) are also proposed. The amendments correspond to provisions for Minor and Major Accessory Structures. Similar to the amendments proposed to Chapter 3, Section 3(D), the proposed amendments clarify requirements for these types of detached uses, placing all location/setback regulations in one code section. 11 Planning Commission Agenda: 07/03/12 Text of amendment: (1) Location of Accessory Uses or Structures Except for fences and walls, the following standards shall apply to all accessory structures: (a) All accessory structures, except as may be specifically denoted, shall be located at least six (6) feet from all lot lines, and at least the minimum distance from public rights-of-way as denoted in the individual zoning district regulations. (i) abutting public streets. (b) Detached accessory buildings shall be six (6) feet or more from any other building or structure on the same lot. *Note: Discussion on potential amendment to this item occurs under Item 8 of the Planning Commission agenda. (c) Accessory structures shall not be located beyond the front building line established by the principal structure. 10. Amendment to Chapter 8, Section 2 as related to Rules of Measurement This amendment clarifies existing language for front yard determinations. Text of Amendment: 8.2(B)(1)(g) Front Lot line The front lot line is the line connecting the two side lot lines along the edge of the opposes parallels the primary entrance elevation of a building. 11. Amendment to Monticello Zoning Ordinance, Chapter 8, Section 4, Definitions Staff is proposing an a porches are considered to be part of the principle structure. As such, they are subject to principal building setback regulations and should therefore be removed from the existing definition. Text of Amendment: APPURTENANCES - The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, 12 Planning Commission Agenda: 07/03/12 open porches, bay windows, roof overhangs, awnings, solar energy systems and similar features. Additional amendments to the Definitions section are described with the CCD amendments proposed under Item 8. B. ALTERNATIVE ACTIONS: 1. Motion to table the public hearing on the proposed ordinance amendments to the regular Planning Commission meeting of August 7th, 2012. C. STAFF RECOMMENDATION: Staff recommends alternative 1 above. Tabling of the items will allow Planning Commission to direct staff to prepare any additional supporting information and the formal ordinance document, Ordinance #561. D. SUPPORTING DATA: A. Monticello Zoning Ordinance Excerpts: 3.3(D) Common Yard & Height Requirements 3.4(E) Single-Family Residential District 3.4(H) R-3 Medium Density Residential District 3.7(H) Performance Overlay District 4.3(C) Fences and Walls 4.8 - Off-Street Parking 5.1 - Use Table 5.2(G) Regulations for Industrial Uses 5.3 - Accessory Uses 5.4 - Temporary Uses 8.2 Rules of Measurement 8.4 - Definitions 13 Planning Commission Agenda: 07/03/12 13 open porches, bay windows, roof overhangs, awnings, solar energy systems and similar features. Additional amendments to the Definitions section are described with the CCD amendments proposed under Item 8. B. ALTERNATIVE ACTIONS: 1. Motion to table the public hearing on the proposed ordinance amendments to the regular Planning Commission meeting of August 7th, 2012. C. STAFF RECOMMENDATION: Staff recommends alternative 1 above. Tabling of the items will allow Planning Commission to direct staff to prepare any additional supporting information and the formal ordinance document, Ordinance #561. D. SUPPORTING DATA: A. Monticello Zoning Ordinance – Excerpts:  3.3(D) – Common Yard & Height Requirements  3.4(E) – Single-Family Residential District  3.4(H) –R-3 – Medium Density Residential District  3.7(H) – Performance Overlay District  4.3(C)– Fences and Walls  4.8 - Off-Street Parking  5.1 - Use Table  5.2(G) – Regulations for Industrial Uses  5.3 - Accessory Uses  5.4 - Temporary Uses  8.2 – Rules of Measurement  8.4 - Definitions CHAPTER 3: ZONING DISTRICTS Section 3.3 Common District Requirements Subsection (D) Common Yard and Height Requirements Page 84 City of Monticello Zoning Ordinance (D) Common Yard and Height Requirements (1) In General (a) Unless otherwise authorized by variance, administrative adjustment or PUD, no lot, yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this ordinance; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (b) A yard or other open area required about a building shall not be included as part of a yard or other open space for another building. (2) Allowable Yard Encroachments (a) The following features may encroach into required yards: (i) Fences and walls that meet the standards in Section 4.3, may encroach into a required yard, but shall be subject to corner visibility requirements. (ii) Walkways, patios, ramps, stairs, paved areas, and other accessory structures less than 30 inches above grade, and all landscape plantings are exempted from yard requirements except as may be specifically required by this ordinance, but are subject to corner visibility requirements. (iii) In rear yards: recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, decks, major and minor accessory buildings, and air conditioning or heating equipment subject to the following conditions: 1. Setback requirements of environmental protection districts shall remain applicable. 2. A side yard setback of six (6) feet shall be maintained. 3. A rear yard setback of ten (10) feet shall be maintained. 4. No encroachment shall be permitted within an existing or required easement. (iv) Appurtenances: 1. Appurtenances are permitted to encroach into a required front or rear yard setback up to six feet. This provision does not apply to rear loading units in the T-N zoning district. 2. Appurtenances are permitted to encroach into a required side yard setback up to three feet. This provision does not apply to units in the T-N zoning district. Section 4.3: Fences & Walls Section 5.3(B): General Standards and Limitations for Accessory Uses & Structures CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (E) R-1: Single Family Residence District Page 94 City of Monticello Zoning Ordinance TABLE 3-5: R-1 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories / feet) Minimum Floor Areas (sq ft) Minimum Building Width (ft) Minimum Roof Pitch & Soffit (vertical rise/ horizontal run) Front Interior Side [1] Street Side Rear [3] Single Family Building 30 10 [2] 20 30 2.5 stories 35 feet 1,050 foundation/ 2,000 finishable [4] 24 5” / 12” no minimum soffit [1]: For interior lots in R-1 and R-A districts, an attached accessory structure may be allowed to meet a 6’ setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet.. [2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the Original Plat of Monticello and Lower Monticello shall be at least six (6) feet. [3]: The required rear yard shall consist of a space at least 30-feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. [4]: Finishable square footage is exclusive of attached accessory space. Accessory Structures  An attached garage shall be included with all principal residential structures in the R-1 district.  See Section 5.3(B) for all general standards and limitations on accessory structures.  The minimum floor area for all attached accessory structures shall be 550 sq. ft.  See footnote [1] above as related to setbacks for attached accessory structures on interior lots. Other Regulations to Consult (not all inclusive)  Section 3.3, Common District Requirements  Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts  Section 4.11, Building Materials  Section 4.8, Off-Street Parking  Section 4.1, Landscaping and Screening Standards CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (H) R-3: Medium Density Residence District City of Monticello Zoning Ordinance Page 99 (H) R-3: Medium Density Residence District Section 3.4 (H) R-3 Medium Density Residence District The purpose of the “R-3” medium density residential district is to provide for medium density housing in multiple family structures ranging up to and including twelve (12) units and directly related, complementary uses. Maximum Density through PUD or Performance Standards = 3111 sq. ft. per unit (14.0 units per gross acre) Base Density = 6,000 sq ft per unit (7.3 units per gross acre) Base Lot Area  Minimum = 10,000 sq ft. Base Lot Width  Minimum = 80 ft. Typical R-3 Building Types Typical R-3 Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (H) R-3: Medium Density Residence District Page 100 City of Monticello Zoning Ordinance TABLE 3-8: R-3 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories / feet) Minimum Floor Areas (sq ft) Minimum Building Width (ft) Minimum Roof Pitch & Soffit (vertical rise/ horizontal run) Front Interior Side Street Side Rear Multi Family Building [1] 30 20 20 30 2.0 stories 30 feet [2] 1,000 24 3” / 12” Minimum 6” soffit [1]: When multiple family units are to be located adjacent to property which can be used for single family detached residential construction, the following shall apply: (a) The front, side, and rear yard setbacks shall be a minimum of forty (40) feet. (b) The minimum setbacks for parking areas shall be forty (40) feet on the front yard and fifteen (15) feet on the side and rear yards. [2]: Additional stories may be allowed through a conditional use pursuant to section 2.4(D) contingent upon strict application of a requirement that fire extinguishing systems be installed throughout the building. Accessory Structures  See Section 5.3(B) for all general standards and limitations on accessory structures. Other Regulations to Consult (not all inclusive)  Section 3.3, Common District Requirements  Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts  Section 4.11, Building Materials  Section 4.8, Off-Street Parking  Section 4.1, Landscaping and Screening Standards CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District Page 134 City of Monticello Zoning Ordinance (3) Special Freeway Sign Allowance (a) In the Freeway Bonus Sign District, the area of a freestanding sign may not exceed two hundred (200) square feet each side with a maximum height of thirty two (32) feet. (b) Double frontage lots within the Freeway Bonus Sign District shall be allowed to have up to two (2) free-standing signs subject to the following conditions: (i) At least one of the two free-standing signs shall be a monument sign which does not exceed fourteen (14) feet in height nor an overall size of 100 square feet. (ii) The above size and height limitations for the second free-standing sign shall apply even if both signs are monument signs. (iii) The overall sign area maximum for the property as outlined in Section 4.5 of this ordinance shall still be met. (G) DW: Drinking Water Supply Management Area RESERVED (H) Performance Based Enhancement District (1) Purpose The purpose of the Performance Based Enhancement Overlay District is to provide for by-right development flexibility and enhancement in exchange for meeting special design controls and/or protecting sensitive natural features. The district is intended to create a reasonable balance between the interests of a property owner seeking more development options on a property and the interests of the surrounding property owners in the following ways: (a) By encouraging a more creative approach in commercial and housing developments that will result in quality living environments through innovative design and aesthetic controls; (b) By permitting a combination of housing types and styles, including single family, two-family, and multiple family dwellings, with the exception of manufactured homes; (c) By allowing flexibility in design by permitting cluster developments and a variety of architectural styles and treatments; (d) By allowing flexibility in setback and height restrictions; Section 4.5(J): Sign Specific District Regulations CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District City of Monticello Zoning Ordinance Page 135 (e) By providing an efficient use of land resulting in more cost efficient installation of utilities, streets, and other facilities; (f) By encouraging the preservation of common open space, recreational facilities, natural features such as woodland, wetland, and flood plain; (g) By contributing to the tax base of the community without making undue demands on the community services; (h) By providing the means for greater flexibility in environmental design than is provided under the strict application of the Monticello zoning ordinance and subdivision ordinance while at the same time preserving general welfare of the City of Monticello and its inhabitants. (2) District Application The provisions of Section 3.7(H) 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. (3) Relation to Underlying Zoning District The performance based enhancement district provides different opportunities based on the underlying zoning district as follows: (a) R-1 and R-2 Base Zoning Districts Properties with a base zoning district classification of R-1 or R-2 within the performance based enhancement district can provide a harmonious mixture of different residential land use types to best utilize the development potential of the land given the natural environment and existing/future adjacent land uses. (i) Uses in general Uses shall be governed by the regulations for the R-2 zoning district as outlined in Tables 5-1, 5-4 and 5-6. (ii) Allowed Density 1. The base density shall be governed by the regulations for the underlying zoning district. 2. Adjustments to the allowed base density shall be permitted in accordance with the provisions of the performance based enhancement district, but in no case shall the maximum density of the underlying zoning district be exceeded. CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District Page 136 City of Monticello Zoning Ordinance 3. Allowed percentage reductions to base density requirements shall always be calculated off the standard base density for the underlying zoning district, with the sum of all allowed reductions being used to calculate the final allowed density. (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)(4). 2. Minimum lot width shall be based on the required minimum lot size per the following table: TABLE 3-23: REQUIRED MINIMUM BASE LOT WIDTHS FOR PERFORMANCE RESIDENTIAL DEVELOPMENT If lot is ≥ 11000 sq ft If lot is < 11000 sq ft but greater than or equal to 9000 sq ft If lot is < 9000 sq ft but greater than or equal to 7500 sq ft If lot is < 7500 sq ft 80 foot lot width 70 foot lot width 60 foot lot width 50 foot lot width (iv) Development Standards Lot development standards and setbacks shall be governed by the regulations for the R-2 zoning district as outlined in Table 3-6. (b) R-3, B-1, B-2, and B-4 Base Zoning Districts Properties with a base zoning district classification of R-3, B-1, B-2 or B-4 can provide a harmonious intermixing of residential and business land uses to best utilize the development potential of the land given the natural environment and existing/future adjacent land uses. (i) Uses in general Uses may be a mix of the uses allowed within the R-3 and B-2 zoning districts as outlined in Tables 5-1, 5-4 and 5-6. The underlying district type (residential or business) shall determine which permitting process shall be used in the event of a conflict between R-3 and B-2 standards. (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. CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District City of Monticello Zoning Ordinance Page 137 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)(4), but in no case shall the residential density exceed twenty (20) units per acre. (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)(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: TABLE 3-24: PRESERVATION OF NATURAL FEATURES DENSITY BONUS % of Land Being Permanently Preserved Reduction in Per Unit Base Density Requirement 7.5% to less than 10% 2.0% 10% to less than 12.5% 4.0% 12.5% to less than 15% 7.0% 15% to less than 17.5% 11.0% 17.5 to less than 20% 16.0% Greater than 20% 22.0% CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District Page 138 City of Monticello Zoning Ordinance (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: TABLE 3-25: DENSITY BONUSES FOR ADDITIONAL LANDSCAPING Reduction in Per Unit Base Density Requirement in square feet 2% 4% 7% 11% 16% 20% Required increase in canopy and/or evergreen trees as outlined in Table 4-3 [1] 1.5 times the required plantings 2.0 times the required plantings 3.0 times the required plantings 4.0 times the required plantings 5.0 times the required plantings 6.0 times the required plantings [1]: The required increase in landscape plantings shall exclude any shrubs planting requirements per 10 feet of building perimeter. (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: TABLE 3-26: RECREATIONAL SPACE DENSITY BONUS % increase over normally required public land dedication for recreational use Reduction in Per Unit Base Density Requirement 0.5% to less than 1% 2.0% 1% to less than 2% 4.0% 2% to less than 3% 7.0% 3% to less than 4% 11.0% 4% to less than 5% 16.0% Greater than 5% 22.0% (b) Bonuses exclusive to multi-family housing types: (i) Shared Underground Parking – the base density requirement may be reduced by 15% if each unit is provided a parking space within a shared underground parking area. (ii) Improved Construction Standards – the base density requirement may be reduced by 15% if type two (2) construction is used. CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District City of Monticello Zoning Ordinance Page 139 (iii) Elevators – the base density requirement may be reduced by 10% if an elevator serving each floor is provided. (iv) Indoor Recreation Amenities – the base density requirement may be reduced by 10% if indoor recreation and/or social room(s) equal to twenty-five (25) square feet per unit or seven hundred fifty (750) square feet total, whichever is greater, are provided. (v) Outdoor Recreation Amenities – the base density requirement may be reduced by 10% if major outdoor recreation facilities are provided such as swimming pools, tennis courts, or similar facilities requiring a substantial investment equaling at minimum five (5) percent of the construction cost of the principal structure. (5) Bonuses for Green Buildings (a) The incentives listed in Table 3-27 are available to developments incorporating the denoted number of green building features from schedules “A” and “B” in Table 3-28. TABLE 3-27: BONUSES FOR GREEN BUILDINGS Type of Bonus Minimum Number of Green Building Features Provided [1] From Schedule “A” From Schedule “B” CATEGORY 1: BASE DENSITY REDUCTION  4% reduction in the per unit base density requirement 1 2  11% reduction in the per unit base density requirement 1 3  20% reduction in the per unit base density requirement 2 4 CATEGORY 2: OFF-STREET PARKING REDUCTION  Decrease in required off-street parking spaces by 5% 1 2  Decrease in required off-street parking spaces by 10% 1 3  Decrease in required off-street parking spaces by 15% 2 4 CATEGORY 3: ADDITIONAL BUILDING HEIGHT  Increase in building height by one (1) story beyond the district maximum 2 2 [1]: Development may include a sufficient number of green building features to take advantage of more than one type of bonus with a limit of one (1) bonus per category. CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District Page 140 City of Monticello Zoning Ordinance (b) The green building features listed in Table 3-28 below may be utilized to obtain the development bonuses listed in Table 3-27. TABLE 3-28: GREEN BUILDINGS FEATURES Schedule Feature ENERGY A Generation of a minimum of 20 percent of the electricity needed by the development from alternative energy sources (solar, wind, geothermal or biomass) within five years. A Proof of purchase of carbon offsets in an amount equivalent to 15 percent of the construction costs within five years B Design buildings so that they can accommodate the installation and operation of solar photovoltaic panels or solar thermal heating devices. RECYCLING / WASTE REDUCTION A Utilize recycled materials for 50% of streets, off-street parking, sidewalks, curbs, and 25% of building materials B Provide at least one enclosed recycling station per building suitable for storage and collection of recyclable generated on-site SITE CONFIGURATION B Provision of a community garden with at least 500 square feet per dwelling that is controlled by a property-owners association B Use of paving materials in driveways and parking lots that have solar reflectance index (SRI) score of at least 29 (SRI is a measure of a parking lot’s ability to reject solar heat; a higher SRI yields a cooler parking lot) B Configuration of new buildings with one axis 1.5 times longer than the other, and the long axis oriented in an east-west configuration for solar access A Include underground parking or a parking structure A Provide for mixed use structures with active retail or personal service uses on ground floors and residential uses on upper floors RESOURCE CONSERVATION B Provision of 150-foot undisturbed buffers adjacent to all perennial stream banks, wetlands, and bodies of water A Use only native vegetation for required landscaping A Use of Low Impact Development (LID) techniques instead of retention or detention ponds for stormwater management B Preservation of 15 percent of the tree canopy on a site comprised of the canopies of trees 10” or greater in DBH A Double the minimum open space set-aside amount A Remediate site contamination on a documented (by means of a Phase II Environmental Site Assessment) “brownfield” site TRANSPORTATION A Provision of a network of multi-purpose trails with at least one connection to a public trail, sidewalk or greenway for every acre of land B Inclusion of showering and dressing facilities in non-residential development for employees using alternative forms of transportation A Provide on-site transit facilities (e.g., designated park-and-ride parking spaces, bus shelters, etc). CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District City of Monticello Zoning Ordinance Page 141 Schedule Feature BUILDING CONFIGURATION A Inclusion of green roofs on at least 30% of the roof area within the development B Meet minimum Energy Star (or equivalent) criteria for at least 75 percent of the residential floor area A Design the building to achieve a minimum LEED certification of platinum [count s as two (2) schedule “A” features] A Design the building to achieve a minimum LEED certification of gold B Design the building to achieve a minimum LEED certification of silver B Include shade features (e.g., awnings, louvers, shutters, overhangs, etc) to shade all windows and doors on the southern building façade B Design buildings such that 25 percent of the residential units are consistent with Universal Design practices A Design buildings such that 50 percent of the residential units are consisten t with Universal Design practices WATER CONSERVATION A Inclusion of a recycled or grey water system for landscaping irrigation (6) Standards for Mixed Use Development All mixed use development within the performance based enhancement district shall adhere to the following: (a) Residential Units in mixed use developments Residential units shall be incorporated within a mixed use development to be visually and/or physically integrated with nonresidential uses. (i) When the underlying zoning district is R-3, B-1 or B-2, residential units shall be located using one of the following options; 1. Residential uses are vertically located above street-level commercial uses; or 2. Residential uses are horizontally integrated into the site development in a manner that provides a transition between adjacent low intensity uses (e.g. single family homes) to adjacent higher intensity uses (e.g. commercial). CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (I) CCD Residential Overlay District Page 142 City of Monticello Zoning Ordinance (ii) When the underlying zoning district is B-4, the following shall apply to dwelling units: 1. Dwelling units shall not be located on the first floor street facing side of a building. 2. First floor alley or side yard facing dwelling units are permitted, but they shall not encompass more than 30% of the gross first floor area. (b) Non-residential uses in Mixed Use Developments (i) New non-residential uses in a mixed use development shall be restricted to lots adjacent to existing non-residential uses or lots at corner locations. (ii) Buildings shall incorporate one or more transitional features as required by the Community Development Department (see Section 4.7, Transitional Features). (iii) When the underlying zoning district is B-1 or B-2, individual retail and other commercial uses shall not exceed 5,000 square feet unless authorized by a conditional use permit pursuant to Section 2.4(D). (iv) Developments are encouraged to situate buildings at the street frontage, locating parking to the side and rear of buildings to avoid views of large, paved parking areas from public rights-of-way. (v) Loading and service areas shall be placed to the sides or rear of a structure, or shall be integrated within the building’s architecture as a means of minimizing their appearance. (I) CCD Residential Overlay District (1) Purpose The purpose of the CCD Residential Overlay District (CCD-R) is to provide for sites within the Central Community District that are appropriate for full use as multiple family attached housing, including residential uses on the ground floor. In establishing this overlay district over specific areas within the CCD, the City finds that the goals and policies of the City’s Comprehensive Plan are being fulfilled by ground floor residential uses, including those goals and policies expressly applying to uses in the downtown area as may be adopted as a part of any Downtown Revitalization Plan or similar component of the Comprehensive Plan. Parcels shall be included in the CCD Residential Overlay District only where the more intensive residential uses allowed by this overlay district can be found to enhance the commercial concentration in the surrounding “CCD” downtown area. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls City of Monticello Zoning Ordinance Page 179 4.3 Fences & Walls (A) Purpose and Intent The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential and business districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties. (B) Applicability (1) In General Unless exempted in accordance with Section 4.3(B)(2) below, the provisions of this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the City. In the event of any conflict between the provisions of this section and any screening standard in Section 4.1(I), Screening, the latter shall govern. (2) Exemptions The following are exempted from the requirements of this section. (i) Development in the CCD District Development on lots in the CCD district is exempt from the standards of this section. (ii) Recreational Fencing Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility. (iii) Temporary Fencing Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the building code. (C) General Requirements for Fences and Walls (1) Location (a) Fences and walls are permitted anywhere on a lot subject to the following restrictions: CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls Page 180 City of Monticello Zoning Ordinance (i) The corner visibility requirements in Section 3.3(D)(2)(b) shall be met. (ii) Fences and walls shall not be located within public right-of-way unless permitted by the Community Development Department by written encroachment agreement. (iii) Fences and walls permitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the City must access the area for maintenance or improvement purposes. (b) Fences and walls may be located directly over a property line between two or more parcels of land held in private ownership. (c) A certificate of survey may be required by the Community Development Department to determine the location of fences and walls on a property. (2) Blocking Natural Drainage Flow (a) No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land. (b) Drainage swales may not be filled to accommodate the construction of fences or walls without alternate storm water provisions being reviewed and approved by the Community Development Department. (c) Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation, or control erosion. (3) Fences and Walls within Buffers Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a single development shall be of a uniform style that complies with the standards of this section. (4) Permit Requirements (a) A building permit is required for the construction of any fence or wall that will be more than six (6) feet in height above grade, or for construction of a retaining wall that is more than four (4) feet in height from the bottom of the footing to the top of the wall. Section 4.10: Grading, Drainage, & Erosion Control Section 4.3(F): Perimeter Fences and Walls Abutting Public Right-of-Way CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type City of Monticello Zoning Ordinance Page 181 (b) Fences which do not require a building permit under the provisions of Section 4.3(D)(4)(a) above may be constructed without a permit, but shall adhere to all fencing requirements in this ordinance. (D) Requirements for Fences and Walls by District Type All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall. (1) Residential Districts In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following: (a) Front Yards (i) Fences and walls shall not exceed a height of four (4) feet in front yards and that part of side yards from the front lot line to the front building line. (ii) If a fence or wall in a front yard exceeds three (3) feet in height, it must be set back a minimum of fifteen (15) feet from the front property line. (b) Side or Rear Yards (i) Fences and walls shall not exceed a height of six (6) feet in side and rear yards. (ii) In side or rear yards which abut a public street, fences or walls which exceed thirty-six (36) inches in height must be set back at least six (6) feet from the property line, and the setback area shall be landscaped in accordance with the provisions of Section 4.3(J)(4), Appearance. (c) Transparency Fences or walls located within a front yard or side yard adjacent to a street shall maintain a minimum of 50 percent transparency. (d) Access Where any fence or wall connects to a building used as a dwelling, at least one gate not less than 2 feet 6 inches in width shall be required to allow access around the building. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type Page 182 City of Monticello Zoning Ordinance (2) Business Districts (a) General In business districts (see Table 3-1: Base Zoning Districts), fences and walls shall not be permitted in front setback areas, and shall not exceed a height of four feet in the remainder of front yards and eight feet in side or rear yards, unless the fence in the side or rear yard is located within 15 feet of a public right-of-way, in which case it shall not exceed a height of six feet. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone. (b) Major Utilities, Wireless Communications, Government Facilities, and Other Public Safety Uses Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet. (3) Industrial Districts (a) Industrial and Business Campus District (i) Fences and walls shall not be permitted in front setback areas; (ii) Fences shall adhere to the following yard-based requirements: 1. In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. 2. In all side yards, a fence shall not exceed six (6) feet in height. 3. In all rear yards, a fence shall not exceed eight (8) feet in height provided a building permit is obtained for any additional height over six (6) feet. (iii) In no event shall a fence exceed six (6) feet in height if the fence is located within 15 feet of a public right-of-way. (b) I-1 and I-2 Districts (i) In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. (ii) In all side and rear yards, a fence shall not exceed fifteen (15) feet in height provided a building permit is obtained for any additional height over six (6) feet. See also Section 3.3(D)(2)(b) Corner Visibility, for additional restrictions on fence placement. See also Section 3.3(D)(2)(b) Corner Visibility, for additional restrictions on fence placement. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (F) Perimeter Fences and Walls Abutting Public Rights-of-Way City of Monticello Zoning Ordinance Page 183 (4) Vacant Property Vacant property may be fenced if the fence does not exceed four feet in residential districts and eight feet in business or industrial districts, the fencing maintains a minimum transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use of the property for outdoor storage. (E) Exemption for Security Plan A property owner or tenant or a representative of a public agency responsible for a government facility, public safety use, or other use in need of heightened security may submit to the Community Development Department a site security plan proposing fences or walls taller than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. The Community Development Department may approve or approve with conditions the site security plan and its proposed exemption of fences or walls from the standards of this section, upon finding: (1) Taller Fence or Wall Needed for Safety or Security Reasons The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall; and (2) Not Have Security, Functioning Appearance of Adjacent Properties The proposed taller fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole. (F) Perimeter Fences and Walls Abutting Public Rights-of-Way (1) Fences or walls located within 15 feet of a street or public right-of-way shall: (a) Be of a uniform style; (b) Be located outside the public right-of-way; (c) Include breaks, offsets, access points, or other design details in the wall plane at least every 200 feet; CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (H) Chain Link Fencing Page 184 City of Monticello Zoning Ordinance (d) Comply with the standards in Section 4.3(J), Appearance; and (e) Comply with the requirements of Section 4.1(I), Standards for Required Screening (if applicable). (2) New residential developments shall be required to construct conforming fencing along the rear yards of all double frontage lots that back up to collector or arterial roadways. (G) Prohibited Fences (1) Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber). (2) Chicken wire fences. (H) Chain Link Fencing Chain link fencing shall be allowed, subject to the following standards: (1) All Districts In all districts, chain link fences must have a top rail, and barbed ends must be placed at the bottom of the fence. (2) Residential Districts Chain link fencing is permitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four (4) feet. (3) Business Districts Chain link fencing shall not be allowed on lots within a business zoning district unless expressly authorized through approval of a security plan under the provisions of Section 4.3(E). (4) Industrial Districts Chain link fencing shall be allowed on lots within industrial zoning districts provided it does not include opaque slats and is coated with black or dark green vinyl. CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (J) Appearance City of Monticello Zoning Ordinance Page 185 (I) Barbed or Razor Wire Barbed or razor wire is prohibited except as expressly authorized through approval of a security plan under the provisions of Section 4.3(E). (J) Appearance (1) Customary Materials Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks, rot-resistant wood, wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited. (2) Finished Side to Outside Wherever a fence or wall is installed, if one side of the fence or wall appears more “finished” than the other (e.g., one side has visible support framing and the other does not), then the more “finished” side of the fence shall face the perimeter of the lot rather than the interior of the lot. (3) Compatibility of Materials along a Single Lot Side All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings. (4) Landscape Screening All fences and walls exceeding four feet in height and located within 15 feet of a public street right-of-way in all districts, or as otherwise required by this ordinance, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall. (a) Shrubs Required One evergreen shrub shall be installed for every fifteen linear feet of fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet the size standards of Section 4.1(C)(2) Planting Standards, and may be installed in a staggered, clustered, grouped, or linear fashion. CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (A) Purpose Page 186 City of Monticello Zoning Ordinance (b) Substitution of Understory Trees One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of Section 4.1(C)(2) Planting Standards. (c) Integration with other Required Landscaping Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in Section 4.1 Landscaping and Screening Standards, are maintained. (5) Maintenance Required Every fence or wall must be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Fences or walls in a state of disrepair may be removed by the City as provided by Minnesota Statutes. The cost of removing fences may be levied against the property as a special assessment. 4.4 Exterior Lighting (A) Purpose The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to: (1) Regulate Exterior Lighting to Mitigate Adverse Impacts Regulate exterior lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists; (2) Ensure Proper Insulation Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and (3) Provide Security Provide security for persons and land. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (C) Change in Use or Occupancy Page 210 City of Monticello Zoning Ordinance 4.8 Off-street Parking (A) Purpose The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. (B) Application of Off-Street Parking Regulation The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. (C) Change in Use or Occupancy (1) Change in Use or Occupancy of Land (a) Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. (b) Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance as denoted in Section 1.4 shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use. (2) Change in Use or Occupancy of a Building Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 211 (3) Site Plan Drawing Necessary All applications for a building permit or certificate of occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in Section 4.8. (D) Prohibited Uses Related to Off-street Parking (1) Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods; or storage of inoperable vehicles and/or storage of snow. (2) For single family and two family dwellings, off-street parking in the rear yard is prohibited as illustrated in Figure 4-11. (3) Except for temporary uses as permitted by Section 5.4 and trailers parking in a designated loading area, no vehicle may be parked and used for storage of items in any district. (E) Standards Applicable to All Uses (1) Location of Required Parking (a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Section 4.8(G)(3). (b) Except for single, two-family, townhouse dwellings and parcels in the CCD, head-in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. (c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. (d) Except in the case of single, two-family, and townhouse dwellings, parking area design which requires backing into the public street is prohibited. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 212 City of Monticello Zoning Ordinance (e) All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: (i) For single family and two family dwellings, the part of a paved driveway within boulevard portion of the street right-of-way shall only be used for parking in a manner that does not block any public sidewalk or pathway. (ii) In the case of single family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one (1) open surfaced space located on the side of a driveway away from the principal use as shown in Table 4-9 and Figure 4-11. Said extra space shall be surfaced as required by Table 4-9 and Figure 4-11. (iii) In the case of single family dwellings, parking in the side yard shall be allowed on a surfaced space as shown in Table 4-9 and Figure 4-11. (2) Vehicular Use Area Design (a) Curb Cuts and Access (i) Each property shall be allowed one (1) curb cut access per one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. (ii) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet. (iii) Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. (iv) Driveway access curb openings on a public street except for single, two- family, and townhouse dwellings shall not be located less than forty (40) feet from one another. (v) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 213 (vi) All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Community Development Department. Size of culvert shall be determined by the Community Development Department but shall be a minimum of fifteen (15) inches in diameter. (vii) Except for single, two-family, and townhouse residential development (and as otherwise noted in this ordinance), all open vehicular use areas shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. (b) Stall, Aisle, and Driveway Design (i) Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7- 1/2) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such. (ii) Except in the case of single family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: TABLE 4-6: PARKING STALL AND AISLE STANDARDS Angle Wall to Minimum Wall to Interlock Minimum Interlock to Interlock Minimum 30 48.6’ 44.5’ 40.3’ 45 56.8’ 53.4’ 50.0’ 60 62.0’ 59.7’ 57.4’ 90 64.0’ 64.0’ 64.0’ Parallel Parking: Twenty-two (22) feet in length CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 214 City of Monticello Zoning Ordinance (c) Surfacing (i) Except in the case of single family and two-family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed and subject to approval by the Community Development Department. The Community Development Department staff may waive this requirement if it is determined that the drainage plans do not merit further study. Community Development Department determination in this regard shall be based on the size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities. (ii) The grade elevation of any parking area shall not exceed five (5) percent. (d) Striping Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four (4) inches wide. (e) Lighting Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public right-of-ways and be in compliance with Section 4.4 of this ordinance. (f) Landscaping and Screening All open, non-residential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 4.1(F) of this ordinance. (i) Interior Vehicular Use Area Landscaping – see Section 4.1(F)(2) (ii) Perimeter Vehicular Use Area Landscaping – see Section 4.1(F)(3) (iii) Perimeter Buffers – see Section 4.1(G) (g) Signs No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. Section 4.8(E)(5) outlines requirements for a CUP to potentially lessen surfacing requirements Section 4.1(F): Standards for Vehicular Use Area Landscaping Section 4.1(G): Standards for Perimeter Buffers CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 215 (3) Parking Within a Structure The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this ordinance. (4) Vehicular Use Area Stall Calculation Requirements (a) General Provisions (i) The minimum number of off-street parking spaces shown in Table 4-7 shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. (ii) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. (iii) In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. (iv) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. (b) Floor Area (i) The term "floor area" for the purpose of calculating the number of off- street parking spaces required shall be determined on the basis of the interior floor area dimensions of the buildings, structure, or use times the number of floors. (ii) Whenever practical, final parking calculations shall be based on an actual building floor plan. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 216 City of Monticello Zoning Ordinance TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE Use Type Minimum # of Spaces & Additional Requirements Residential Uses Detached Dwelling 2.0 spaces for each dwelling unit Duplex 2.0 spaces for each dwelling unit Townhome 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units Multiple Family In general 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units Senior housing Reservation of area equal to 1.0 space per unit  Initial development shall require only 0.5 spaces per unit, and said number of spaces may continue until such time as the City Council considers a need for additional parking spaces has been demonstrated Group Residential Facility, Single Family 2.0 spaces for each three persons for whom sleeping accommodations are provided Group Residential Facility, Multi- Family 2.0 spaces for each three persons for whom sleeping accommodations are provided Manufactured Home 2.0 spaces per manufactured home Civic and Institutional Uses Active Park Facilities (public or private) 5.0 spaces for each acre of park over one (1) acre; two (2) spaces per acre for playgrounds; and ten (10) spaces for each acre of play field  When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking Assisted Living Facilities 0.5 spaces for each assisted living unit (a required half space shall be rounded up) Baseball Fields, Stadium 1.0 space for each eight (8) seats of design capacity Cemeteries See Parking Schedule #2 [Section 4.8(H)(3)] Clinics 4.0 spaces for each one thousand (1000) square feet Hospitals 2.0 spaces per each bed Nursing/Convalescent Home 4.0 spaces plus one (1) for each three (3) beds for which accommodations are offered Passenger Terminal 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Passive Parks and Open Space See Parking Schedule #2 [Section 4.8(H)(3)] Public Buildings or Uses 10.0 spaces plus one (1) for each one hundred fifty (150) square feet in excess of two thousand (2000) square feet of floor area in the principal structure Schools, Kindergarten through Junior High 1.0 space for each classroom plus one (1) additional space for each fifty (50) student capacity CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 217 Use Type Minimum # of Spaces & Additional Requirements Civic and Institutional Uses (continued) Schools, Kindergarten through Junior High 1.0 space for each classroom plus one (1) additional space for each fifty (50) student capacity Schools, High School & post-secondary 1.0 space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms Place of Public Assembly 1.0 space for each four (4) seats based on the design capacity of the main assembly hall  Facilities as may be provided in conjunction with places of public assembly shall be subject to additional requirements which are imposed by this ordinance Utilities (major) See Parking Schedule #2 [Section 4.8(H)(3)] Office Uses Offices 3.0 spaces plus at least one (1) space for each three hundred (300) square feet of floor space Commercial Uses Adult Uses 1.0 space for each one hundred (100) square feet of floor space. Auction House 1.0 space for each forty (40) square feet of floor space.  Outside sales area shall be added to the floor space of the principal building when determining square footage of floor space Auto Repair – Minor 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Automotive Wash Facilities 10.0 spaces or one (1) space for each employee on the maximum shift, whichever is greater  For self service facilities, there shall be a minimum of two (2) spaces  If the wash facility is integrated into an approved vehicle fuel sales business, the wash facility shall require no additional parking Bed & Breakfasts 1.0 space for each rental unit in addition to required residential off-street parking Boarding House 2.0 spaces for each three (3) persons for whom accommodations are provided for sleeping Business Support Services 1.0 space for each two hundred (200) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Communications/Broadcasting 1.0 space for each four hundred (400) square feet of floor space. Convenience Stores 1.0 space for each two hundred (200) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Country Club 4.0 spaces per golf hole plus spaces provided for accessory uses in accordance with this ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 218 City of Monticello Zoning Ordinance Use Type Minimum # of Spaces & Additional Requirements Commercial Uses (continued) Day Care Centers 1.0 space for each employee plus one (1) space per five children Entertainment/Recreation, Indoor Commercial Bowling Alley 5.0 spaces for each alley plus additional spaces as may be required herein for related uses associated with the principal structure Theater 1.0 space for each four (4) seats based on the design capacity of the main assembly hall; facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements imposed by this ordinance  If the theater is located in the original plat of Monticello, the required spaces shall be reduced to 1.0 space per five (5) seats Entertainment/Recreation, Outdoor Commercial 10.0 spaces plus one (1) for each one hundred (100) square feet of floor area inside an associated structure Financial Institution 1.0 space for each four hundred (400) square feet of floor space. Funeral Homes 20.0 spaces for each chapel or parlor, plus one (1) space for each funeral vehicle maintained on the premises  Aisle spaces shall also be provided off the street for making up a funeral procession Hotels or Motels 1.0 space for each rental unit plus one space for each ten (10) units and one (1) space for each employee on the maximum shift Kennels (commercial) 1.0 space for each four hundred (400) square feet of floor space. Landscaping / Nursery Business See Parking Schedule #1 [Section 4.8(H)(2)] Personal Services 1.0 space for each two hundred fifty (250) square feet of floor space  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Recreational Vehicle Camp Site 1.0 space per each recreational vehicle plus one (1) guest space per ten recreational vehicles Repair Establishment See Parking Schedule #1 [Section 4.8(H)(2)] Restaurants Sit down restaurants 1.0 space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area Drive Through restaurants 1.0 space for each fifteen (15) square feet of gross floor area but not less than fifteen (15) spaces CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 219 Use Type Minimum # of Spaces & Additional Requirements Commercial Uses (continued) Retail Commercial Uses In General 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space In which 50% or more of the gross floor area is devoted to storage, warehouses, and/or industry. The number of spaces may be determined by either of the listed options OPTION #1: One (1) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each 500 square feet of storage area OPTION #2: One space for each employee on the maximum shift plus one (1) space for each 200 square feet devoted to public sales or service Specialty Eating Establishments 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Vehicle Fuel Sales 4.0 spaces plus two (2) spaces for each service stall (not pump)  Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in compliance with other applicable sections of this ordinance Vehicle Sales and Rental 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet Veterinary Facilities 1.0 space for each two hundred fifty (250) square feet Wholesale Sales 1.0 space for each two hundred (200) square feet  If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Industrial Uses Auto Repair – Major See Parking Schedule #1 [Section 4.8(H)(2)] Extraction of Materials See Parking Schedule #2 [Section 4.8(H)(3)] General Warehousing 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift or, at a minimum, at least eight (8) spaces plus one (1) space for each one thousand (1000) square feet of floor area Truck or Freight Terminal 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift or, at a minimum, at least eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area Waste Disposal & Incineration See Parking Schedule #1 [Section 4.8(H)(2)] Wrecker Services See Parking Schedule #1 [Section 4.8(H)(2)] Heavy Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)] Industrial Services See Parking Schedule #1 [Section 4.8(H)(2)] Light Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)] CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 220 City of Monticello Zoning Ordinance Use Type Minimum # of Spaces & Additional Requirements Industrial Uses (continued) Machinery/Truck Repair See Parking Schedule #1 [Section 4.8(H)(2)] Recycling and Salvage Center See Parking Schedule #1 [Section 4.8(H)(2)] Self Storage Facilities 1.0 space per 100 lockers/units on the inside of the fenced area and at least five (5) spaces outside the fenced area  If a caretaker’s quarters is provided on-site, at least one (1) covered parking space for exclusive use by the caretaker shall be provided (iii) Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within uses may be excluded from floor area calculations when applicable. (iv) Required parking spaces may be reduced through alternative development types (e.g. Planned Unit Development, utilization of Performance Based Enhancement Overlay District provisions, etc) as permitted in this ordinance. (c) CCD District Exceptions Property owners i n the CCD District shall comply with the parking supply requirements as listed in Table 4-7 of this ordinance. However, property owners may be granted flexibility from a portion of their required parking supply under the following conditions: (i) Where the City finds that there will be adequate opportunity to provide public parking in the vicinity of the subject property, and at the City’s option, the owner shall pay into a “CCD” Parking Fund an amount as established by City Council Resolution. Said fund shall be used for the acquisition, construction, and/or maintenance of publicly-owned parking in the “CCD” district. (ii) The City may, in addition to, or as an alternative to, the option listed in Section 4.8(E)(4)(c)(i) above, and at the discretion of the City, offer the property owner the opportunity to choose to supply parking at a rate which is sixty (60) percent of the requirement listed in Section 4.8 provided that the owner grants an easement to the public for automobile parking use over the subject area. The owner shall retain responsibility for maintenance of said parking area. (iii) Location: Parking shall not be located on a parcel between the front building line of the principal building and the public street, except where expressly provided for by the City Council after recommendation from the Planning Commission. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses City of Monticello Zoning Ordinance Page 221 (d) Parking Stall Requirement: Schedule #1 Uses subject to Off-Street Parking Schedule #1 must provide the minimum number of off-street parking spaces indicated in Table 4 -8, Off-Street Parking Schedule #1. TABLE 4-8: OFF STREET PARKING SCHEDULE #1 Activity Number of Spaces Required Office or Administrative Area 1.0 space per three hundred (300) square feet Indoor Sales Area 1.0 space per two hundred (200) square feet Outdoor Sales, Display, or Storage Area (3000 sq ft or less) 1.0 space per seven hundred fifty (750) square feet Outdoor Sales, Display, or Storage Area (over 3000 sq ft) 1.0 space per one thousand (1000) square feet Indoor Storage / Warehousing / Vehicle Repair / Manufacturing Area ≤ 3000 sq ft 1.0 space per two hundred (200) square feet 3000 ≤ 5000 sq ft 1.0 space per five hundred (500) square feet 5000 ≤ 10,000 sq ft 1.0 space per seven hundred fifty (750) square feet > 10,000 sq ft 1.0 space per one thousand two hundred fifty (1250) square feet (e) Parking Stall Requirement: Schedule #2 Uses subject to Off-Street Parking Schedule #2 have widely varying parking demand characteristics, making it very difficult to specify a single appropriate off-street parking standard. Upon receiving a development application for a use subject to Schedule #2 standards, the Community Development Department is authorized to apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant. The study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Community Development Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Page 222 City of Monticello Zoning Ordinance (5) Vehicular Use Area Design Conditional Use Permit Stall aisle and driveway design requirements outlined in Section 4.8 may be lessened subject to the following conditions: (a) Any reduction in requirements requires completion of the conditional use permit process outlined in Section 2.4(D) of this ordinance. (b) Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the Community Development Department. Engineering expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. (c) Only properties which have existing buildings and are being expanded or remodeled for a new use shall be eligible for this conditional use permit. (d) The applicant must show, and the Planning Commission must find, that there are existing non-conformities of the property which are being eliminated by the expansion or remodeling which justify a deferral to the paving, landscaping, or curbing requirements. (e) A deferral shall be considered by the City as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements. (f) In all districts other than the A-O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expansion. (6) Deferred Parking Where a proposed use clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance- required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. The need shall be determined in conformance with a "proof of parking" plan so approved by the Community Development Department. Section 2.4(D): Conditional Use Permits CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses City of Monticello Zoning Ordinance Page 223 (7) Permit Required A permit shall be required for the installation of any surfacing material intended to be utilized for off-street parking. The fee for an off-street parking permit shall be set forth in a fee schedule adopted by the City Council. The fee payment shall accompany the permit application. (8) Maintenance It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences. (F) Standards Applicable to Residential Uses (1) Location of Required Parking in Residential Areas (a) For single family and two family dwellings, off-street parking on a paved driveway within fifteen (15) feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. (b) In the case of townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open paved space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. For single family and two-family dwellings, parking shall be located as found in Table 4-9 and Figure 4-11. (c) Parking and/or storage of passenger vehicles, recreational vehicles and equipment, emergency vehicles, and small commercial vehicles shall conform to the requirements of Table 4-9 and Figure 4-11. For the purposes of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as “small commercial vehicles”, but without limitations as to size. (d) Under no circumstances shall large commercial vehicles be parked or stored in residential zoning districts, or on property that is used for residential purposes. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses Page 224 City of Monticello Zoning Ordinance TABLE 4-9: TYPE OF REQUIRED BUFFER YARD FOR OFF-STREET PARKING AREAS IN RESIDENTIAL AREAS Diagram Area Key Passenger Vehicles [1] Recreational Vehicles [1] Emergency Vehicles [1] Small Construction Vehicles [1] Other Notes Driveway leading directly into a garage within the front yard of a lot A Any number (paved) One such vehicle (paved) One such vehicle (paved) Any number (paved) Parking space adjacent to the driveway within the front yard of a lot B One passenger or small commercial vehicle (paved) One such vehicle, if it is the only such vehicle within the front yard (surfaced) One such vehicle (paved) One passenger or small commercial vehicle (paved) Other portions of the front yard C No No No No Side yard, adjacent to garage side of structure D Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes within a space consisting of the 15 feet adjacent to the building (unsurfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Must maintain minimum 3 foot setback to side lot line in all cases Side yard more than 15 feet from garage E No No No No Side yard on opposite side of house from garage F No No No No Side yard on corner lot facing a public street G Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes within a space consisting of the 15 feet adjacent to the building. (unsurfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Yes, within a space consisting of the 15 feet adjacent to the building (surfaced) Must maintain minimum 3 foot setback to side lot line in all cases. This space may encroach to within 5 feet of the right of way, provided screening is included. [1] see section 8.4 for definition CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses City of Monticello Zoning Ordinance Page 225 Diagram Area Key Passenger Vehicles [1] Recreational Vehicles [1] Emergency Vehicles [1] Small Construction Vehicles [1] Other Notes Rear yard H No Yes (unsurfaced) No No No current limit to number of such vehicles – must maintain a 3 foot setback to lot line [1] see section 8.4 for definition Figure 4-11 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses Page 226 City of Monticello Zoning Ordinance (2) Vehicular Use Area Design in Residential Areas (a) Curb Cuts and Access (i) Single family uses shall be limited to one (1) curb cut access per property. (ii) Curb cut access shall be at a minimum three (3) feet from the side yard property line in residential districts. (b) Surfacing Paving and surfacing requirements for parking and storage of passenger vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and two-family dwellings shall be as found in Table 4-9 and Figure 4-11. (c) Residential District Garage Requirements In all residential zoning districts, all detached single family homes and duplex units shall include development of an attached or detached garage. The minimum size requirement for the garage floor shall be 450 sq ft with a minimum garage door opening of 16 ft. with the following exceptions and/or deviations by district: (i) R-1 District An attached garage of at least 480 square feet shall be constructed as part of any single family home. (ii) R-A District 1. An attached garage of at least 700 square feet shall be constructed as part of any single family home. 2. Garage frontage: From side building line to side building line of any single family structure, no more than 40% of such building width shall consist of Garage doors that face the street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses City of Monticello Zoning Ordinance Page 227 (iii) T-N District 1. A garage of at lest 450 square feet, attached or detached, shall be constructed as a part of any single family home. 2. Garage frontage: From side building line to side building line of any single family structure, no more than 50% of such building width shall consist of garage doors that face the street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. (G) Standards Applicable to Commercial, Industrial & Civic/In stitutional Uses (1) Location of Required Parking for Commercial, Industrial & Civic/Institutional Uses (a) In business, industrial and institutional areas, no parking area may be located upon a public drainage and/or utility easement adjoining a public street without an encroachment agreement approved by the Community Development Department. (b) In the B-1 district, off-street parking shall not include semi-trailer trucks. (2) Vehicular Use Area Design Applicable to Commercial, Industrial & Civic/Institutional Uses (a) Access and Curbing (i) Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the Community Development Department. Denial by the Community Development Department of curb cut access in excess of twenty-four (24) feet may be appealed following the procedures outlined in Section 2.4(H) of this ordinance. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses Page 228 City of Monticello Zoning Ordinance (ii) Curb cut access shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. An exception to the setback requirement shall be granted in Business Districts where adjoining business provide for private cross access between parking lots. (iii) All off-street parking areas and driveways shall have a six (6) inch non- surmountable continuous concrete curb around the perimeter of the parking area and driveways. The Community Development Department may approve bituminous curbing as a temporary measure under the following conditions: 1. If the area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area. 2. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the Community Development Department. The Community Development Department may approve movable curb stops as a temporary traffic control measure. 3. The area is shown by adequate drainage plans to be able to control drainage as recommended by the Community Development Department. The Community Development Department may approve bituminous curbing as a temporary drainage control measure. (iv) Adjoining business properties may allow cross parking and/or access if authorized by a Conditional Use per the requirements of Section 2.4(D) and subject the following conditions: 1. The required island and landscaping requirements in Section 4.1 are met. 2. The vehicular use area meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City. 4. A shared parking/access and maintenance agreement is provided by the parking owners and recorded against all subject properties. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses City of Monticello Zoning Ordinance Page 229 (b) Perimeter Vehicular Use Buffer (i) Open, non-residential off-street parking areas shall be designed to screen headlights from abutting or surrounding residential districts through the use of a half-berm design. Said design shall be required in all instances where headlights are directed at surrounding or abutting residential properties. A half-berm is required in addition to any buffer yard landscaping requirements with a design as illustrated in Figure 4-12: (ii) In the event that drainage or other conditions do not permit a berm of this size, a solid, maintenance free fence may be permitted for all or a portion of the retaining wall to the extent necessary to permit property drainage. Examples may include a two-foot retaining wall and berm, with a four foot tall fence section. This alternative may be allowed by Conditional Use Permit. Any fence proposed in lieu of the required design must be 100 percent opaque and in character with the surrounding area. See also Section 4.1(F): Standards for Vehicular Use Area Landscaping See also Section 4.1(G): Standards for Perimeter Buffers Figure 4-12 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses Page 230 City of Monticello Zoning Ordinance (3) Joint Facilities for Commercial, Industrial & Civic/Institutional Uses The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as a primarily daytime use in subparagraph (d) below. (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants. (c) Up to eighty (80) percent of the parking facilities required by Section 4.8 for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under (d) below as primarily daytime uses. (d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses. (e) Conditions required for joint use: (i) The building or use for which application is being made to utilize the off- street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre parking provided by another use shall be located within five hundred (500) feet of said theatre. (ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. CHAPTER 4: FINISHING STANDARDS Section 4.9 Off-street Loading Spaces Subsection (B) Location City of Monticello Zoning Ordinance Page 231 (iii) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. 4.9 Off-street Loading Spaces (A) Purpose The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. (B) Location (1) All required loading berths shall be off-street and located on the same lot as the building or use to be served. (2) The location of required loading births shall be such that circulation occurs within the designated site or property and does not depend upon a public street or alley. (3) All loading berth curb cuts shall be located at a minimum fifty (50) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the property line. (4) No loading berth shall be located closer than fifty (50) feet from a residential district unless within a structure. (5) Loading berths shall not occupy the front yard setbacks. (6) Loading berths located at the front or at the side of buildings on a corner lot shall only be permitted if the following conditions can be met: (a) Loading berths shall not conflict with pedestrian movement. (b) Loading berths shall not obstruct the view of the public right-of-way from off- street parking access. (c) Loading berths shall comply with all other requirements of Section 4.8. (d) All screening requirements of Section 4.1(I) are met. CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure City of Monticello Zoning Ordinance Page 263 TABLE 5-1: USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Agricultural Uses Agriculture P P P P P P P P P P P P P P P 5.2(B)(1) Agricultural Sales P 5.2(B)(2) Community Gardens P P P P P P P P P 5.2(B)(3) Stables C 5.2(B)(4) Residential Uses 5.2(C)(1) Attached Dwelling Types 5.2(C)(2)(a) - Duplex P C 5.2(C)(2)(b) - Townhouse C P 5.2(C)(2)(c) - Multiple-Family C P C P 5.2(C)(2)(d) Detached Dwelling P P P P P P None Group Residential Facility, Single Family P P P P P 5.2(C)(3) Group Residential Facility, Multi-family P P 5.2(C)(3) Mobile & Manufactured Home / Home Park C C P C C 5.2(C)(4) Civic & Institutional Uses Active Park Facilities (public) P P P P P P P P P P P P P P P None Active Park Facilities (private) P P P P P P P 5.2(D)(1) Assisted Living Facilities C P C P C 5.2(D)(2) Cemeteries C C C C C C 5.2(D)(3) Clinics C P P P C None Essential Services P P P P P P P P P P P P P P P None Hospitals C P P P C 5.2(D)(4) Nursing/Convalescent Home C C C C C C C C P P P 5.2(D)(5) Passenger Terminal C C C C C None Passive Parks and Open Space P P P P P P P P P P P P P P P None Public Buildings or Uses C C C C C C P C C P P P C P P 5.2(D)(6) Schools, K-12 C C C C P C I I 5.2(D)(7) Schools, Higher Education C C None Place of Public Assembly C C C C P C 5.2(D)(8) Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9) CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure Page 264 City of Monticello Zoning Ordinance TABLE 5-1: USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Office Uses Offices P P C P P P P P 5.2(E) Commercial Uses Adult Uses P P 3.7(J) Auction House C 5.2(F)(2) Auto Repair – Minor C C C P P 5.2(F)(3) Automotive Wash Facilities P C C 5.2(F)(4) Bed & Breakfasts C C C C C 5.2(F)(5) Boarding House C 5.2(F)(6) Business Support Services P P P P P P none Communications/Broadcasting P P P P 5.2(F)(7) Convenience Stores C P P P 5.2(F)(8) Country Club C 5.2(F)(9) Day Care Centers C C P P P C 5.2(F)(10) Entertainment/Recreation, Indoor Commercial P P C C 5.2(F)(11) Entertainment/Recreation, Outdoor Commercial C C C C C 5.2(F)(12) Financial Institution P C P P 5.2(F)(13) Funeral Homes P P P 5.2(F)(14) Hotels or Motels C P C P 5.2(F)(15) Kennels (commercial) C 5.2(F)(16) Landscaping / Nursery Business P 5.2(F)(17) Personal Services C P P P P 5.2(F)(18) Recreational Vehicle Camp Site C 5.2(F)(19) Repair Establishment C P P P P P 5.2(F)(20) Restaurants C P P P C 5.2(F)(21) Retail Commercial Uses (other) P P P P 5.2(F)(22) Specialty Eating Establishments C P P P P 5.2(F)(23) Vehicle Fuel Sales C C C C 5.2(F)(24) Vehicle Sales and Rental C C 5.2(F)(25) Veterinary Facilities (Rural) C 5.2(F)(26) Veterinary Facilities (Neighborhood) C C C C 5.2(F)(26) Wholesale Sales P P P none CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (A) General Regulations Applicable to All Uses City of Monticello Zoning Ordinance Page 265 TABLE 5-1: USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Industrial Uses Auto Repair – Major C P P 5.2(G)(1) Bulk Fuel Sales and Storage P P 5.2(G)(2) Extraction of Materials I I I 5.2(G)(3) General Warehousing C C P P 5.2(G)(4) Heavy Manufacturing C 5.2(G)(5) Industrial Services C P 5.2(G)(9) Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(6) Light Manufacturing C P P P 5.2(G)(7) Machinery/Truck Repair & Sales P P 5.2(G)(9) Recycling and Salvage Center C C 5.2(G)(10) Self Storage Facilities P C P 5.2(G)(11) Truck or Freight Terminal C P P 5.2(G)(12) Waste Disposal & Incineration C 5.2(G)(13) Wrecker Services C P 5.2(G)(14) 5.2 Use-Specific Standards (A) General Regulations Applicable to All Uses (1) Combination Uses In commercial and industrial base zoning districts, combination uses may be allowed within the principal building with each use subject to all regulations in this ordinance. Table 3-1: Base Zoning Districts CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses Page 294 City of Monticello Zoning Ordinance (h) The secondary or non-advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. (i) No conditional use permit shall be granted for an auto body shop located within 600 feet of a residential zone existing at the time the conditional use permit is granted. (2) Bulk Fuel Sales and Storage (a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet and not located within 100 feet from any lot line. (b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is greater than 100 pounds per square inch, shall not be located within 50 feet of any lot line. (3) Extraction of Materials (a) All regulations in Title 8, Chapter 2 of City Code regarding excavations shall be met. (b) Plans shall be provided to illustrate how the land will be left in a useable condition upon cessation of extraction activities, shall prove that the finished grade will not adversely affect the surrounding land or future development of the site on which the mining is being conducted, and the route of trucks moving to and from the site. (c) The interim use permit authorizing the extraction of materials shall regulate: (i) The type(s) of material being mined on the site; (ii) A program for rodent control; (iii) A plan for fire control and general maintenance of the site; (iv) Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site; (v) A calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates; and (vi) The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur and repairing the degradation of roadways used to transport soils. Title 8, Chapter 2 of City Code: Excavations CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (B) General Standards and Limitations for Accessory Uses and Structures Page 304 City of Monticello Zoning Ordinance (3) Location of Accessory Uses or Structures Except for fences and walls, the following standards shall apply to all accessory structures: (a) All accessory structures, except as may be specifically denoted, shall be located at least six (6) feet from all lot lines, and at least the minimum distance from public rights-of-way as denoted in the individual zoning district regulations. (b) Detached accessory buildings shall be six (6) feet or more from any other building or structure on the same lot. (c) Accessory structures shall not be located beyond the front building line established by the principal structure. (4) Maximum Height (a) Detached accessory buildings shall not exceed fifteen (15) feet in height except in the I-1 and I-2 districts. (b) No accessory structure shall exceed the height of the principal structure unless specifically allowed by this ordinance. (5) Maximum Number of Accessory Structures In all residential zoning districts, the following limitations on accessory structures shall apply: (a) No more than one (1) private, detached major accessory building may be erected for each dwelling; (b) No more than one (1) private, detached minor accessory building may be erected for each dwelling; (c) Additional major or minor accessory buildings may be erected if approved via a conditional use permit pursuant to Section 2.4(D). Section 2.4(D): Conditional Use Permits CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses Page 306 City of Monticello Zoning Ordinance (3) Table of Permitted Accessory Uses and Structures TABLE 5-4: ACCESSORY USES BY DISTRICT Use Types “P” = Permitted “C” = Conditionally Permitted “I” = Interim Permitted Base Zoning Districts Additional Requirements A O R A R 1 R 2 T N R 3 M H B 1 B 2 B 3 B 4 C C D I B C I 1 I 2 Accessory Dwelling Unit P P P P P 5.3(D)(1) Accessory Building – minor (≤ 120 square feet) P P P P P P P P P P P P P P P 5.3(D)(2) Accessory Building – major (> 120 square feet) P P P P P P C P P P P P P P P 5.3(D)(3) Adult Use – accessory C 5.3(D)(4) Agricultural Buildings P 5.3(D)(5) Automated Teller Machines (ATMs) P P P P P P P P 5.3(D)(6) Boarder(s) P P P 5.3(D)(7) Co-located Wireless Telecommunications Antennae C C C C C C C C C C C C C C C 4.13(E) Commercial Canopies P P P P P P P P 5.3(D)(8) Commercial Transmission/ Reception Antennae/Structures C C C C C C 4.13(D) Donation Drop-off Containers P P 5.3(D)(10) Drive-Through Services P P P C P P P 5.3(D)(11) Fences or Walls P P P P P P P P P P P P P P P 5.3(D)(12) Greenhouse/Conservatory (non-commercial) P P P P P P P P P P P P P P P 5.3(D)(13) Heliports C C C C C 5.3(D)(14) Home Occupations P P P P P P P P P 5.3(D)(15) Indoor Food/Convenience Sales P P P P P P P P 5.3(D)(16) Incidental Light Manufacturing P P P P P P P P 5.3(D)(17) Off-street Loading Space P C P P P P P P P 5.3(D)(18) Off-street Parking P P P P P P P P P P P P P P P 5.3(D)(18) Open Sales P P P P P P C C C 5.3(D)(19) Operation and storage of agricultural vehicles, equipment, and machinery P 5.3(D)(20) Outdoor Sidewalk Sales & Display (businesses) P P P P P P P P 5.3(D)(21) Outdoor Storage P P P P P P P P P C C C P P 5.3(D)(22) Park Facility Buildings & Structures (public) P P P P P P P P P P P P P P P 5.3(D)(23) Private Amateur Radio P P P P P P P P P P P P P P P 4.13(B) CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses City of Monticello Zoning Ordinance Page 317 (g) Specific Requirements for Conditionally Permitted Home Occupations (i) Conditionally permitted home occupations may be established only after securing a conditional use permit subject to the requirements of Section 2.4(D) of this ordinance. Examples of conditionally permitted home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, skate sharpening, small appliances and small engine repair and the like. (ii) All conditionally permitted home occupations shall comply with the provisions applicable to all home occupations [Section 5.3(D)(15)(d)] and the following additional provisions in order to obtain a permit: 1. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance from no more than four people, and that this exception would not compromise the intent of Section 5.3(D)(15). 2. The home occupations shall not create a parking demand in excess of that which can be accommodated on the premises as regulated by Section 4.8 of this ordinance, or five vehicles, whichever is less. 3. No vehicle on the premises shall be parked closer than fifteen (15) feet from the curb line. 4. Areas for stock-in-trade incidental to the performance of the service and equipment other than that which is typically found in a dwelling shall be identified on a site plan, and the applicant shall need to successfully demonstrate how such can be accommodated out of view from neighboring properties. (h) Inspection The City hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (16) Indoor Food / Convenience Sales Indoor food/convenience sales occurring as an accessory use shall comply with the following standards: (a) Size The square footage used by food sales operations, including preparation, sales, and storage, but not including dining, shall not exceed 30 percent of the principal use. Section 2.4(D): Conditional Use Permits CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses City of Monticello Zoning Ordinance Page 319 (18) Off-street Parking & Loading Space Off-street parking and loading spaces shall comply with the finishing standards contained in Sections 4.8 and 4.9, Off-Street Parking & Loading. (19) Open Sales (a) In all residential districts where open sales is permitted, such sales shall be limited to motor vehicles, boats, motorized equipment, and recreational vehicles subject to the following conditions: (i) An active principal use operating in a principal structure shall be present. (ii) No more than a total of three items per site may be advertised for sale per year. (iii) No more than two items can be displayed for sale at any one time on any property. (iv) Individual items may not be displayed in excess of 30 days in the aggregate for all items displayed. (v) Items sold are limited to articles owned by individuals that make their primary residence at the limited open sales site. (vi) Sale items may not be placed on a public right-of-way. (vii) A sign advertising a sale item shall conform to the requirements of Section 4.5 Signs. (b) In commercial and industrial districts where open sales is conditionally permitted, the following standards shall apply: (i) Outside services, sales and equipment rental connected with the principal uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased through issuance of the conditional use permit. (ii) Outside sales areas are fenced or screened from view of residentially zoned areas and public right-of-way in compliance with Section 4.1(I) of this ordinance. (iii) All lighting shall be in compliance with Section 4.4 of this ordinance. (iv) Sales area is grassed or surfaced to control dust. (v) Does not take up parking space as required for conformity to this ordinance. (20) Operation and Storage of Agricultural Vehicles, Equipment, and Machinery Vehicles, equipment, and machinery being stored shall be incidental to a permitted or conditionally permitted uses. Section 4.8: Off-Street Parking Section 4.9: Off-Street Loading Section 4.5: Signs Section 4.1(I): Standards for Required Screening Section 4.4: Exterior Lighting CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses Page 320 City of Monticello Zoning Ordinance (21) Outdoor Sidewalk Sales and Display Outdoor sidewalk sales and display areas associated with legally permitted retail uses shall: (a) Not encroach into areas necessary for the safe ingress and egress into the retail structure; (b) Maintain a minimum pedestrian walkway of at least five feet in width along the front of the display; (c) Take place only on an improved dustless surface; (22) Outdoor Storage (a) In all zoning districts, all materials and equipment, except as specifically denoted in this ordinance, shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: (i) Clothes line pole and wire. (ii) Recreational equipment and vehicles, subject to off-street parking regulations in Section 4.8 of this ordinance. (iii) Construction and landscaping material currently being used on the premises. (iv) Off-street parking of passenger vehicles, emergency vehicles and small commercial vehicles in residential areas, unless otherwise required to be screened according to Section 4.8 of this ordinance. (v) Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five (5) feet of any property line. (vi) Wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be 4'x4'x8'. (vii) All wood piles shall be five (5) feet or more from the rear and side yard property lines and shall be stored behind the appropriate setback line in front yards. (viii) Solar energy systems. (ix) Wind energy conversion systems. (b) In business districts, the following shall apply: (i) The area is fenced and screened from view of neighboring residential uses in compliance with Section 4.1(I) of this ordinance. (ii) Storage is screened from view from the public right-of-way in compliance with Section 4.1(I) of this ordinance. Section 4.8: Off- Street Parking Section 4.1(I): Standards for Required Screening CHAPTER 5: USE STANDARDS Section 5.4 Temporary Uses Subsection (D) Table of Allowed Temporary Uses and Structures City of Monticello Zoning Ordinance Page 327 (D) Table of Allowed Temporary Uses and Structures Table 5-6 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited. TABLE 5-6: TEMPORARY USES & STRUCTURES Temporary Use or Structure Allowable Duration (per site) Permit(s) Required Additional Requirements Temporary Structure Construction Dumpster (on public ROW/property) Until issuance of certificate of occupancy or two days following expiration or finaling of a building permit Yes Sec 5.4(E)(1)(a) Construction Dumpster (on private property) 30 days without a building permit No Sec 5.4(E)(1)(b) Construction Trailer Until issuance of certificate of occupancy Yes Sec 5.4(E)(2) Recreational Vehicle Use 1 month Yes Sec 5.4(E)(3) Real Estate Office / Model Sales Home Until 85% occupancy of the phase is reached Yes + Building Permit Sec 5.4(E)(4) Temporary Mobile Cell Site 30 days Yes + Building Permit Sec 5.4(E)(5) Temporary Sign 40 days per year Yes Sec 4.5(I) Temporary Storage in a Portable Container 30 days per year Yes Sec 5.4(E)(6) Tents, Canopies, Tarp Garages, and Hoop Buildings 30 days per year Yes Sec 5.4(E)(7) Temporary Sale Farmer’s Market Continuous; up to 5 months per year on a single site Yes Sec 5.4(E)(8) Garage/Yard Sale 4 days per event; 3 events total per calendar year No Sec 5.4(E)(9) Seasonal Sales 60 days per permit; 120 days per calendar year maximum term Yes Sec 5.4(E)(7) & Sec 5.4(E)(12) Temporary Merchant See Title 3, Chapter 10 of City Code Wayside Stands 3 days per week; up to 4 months per year on a site No Sec 5.4(E)(10) Special Events Special Events 14 days per calendar year, per parcel unless expressly stated otherwise Yes Sec 5.4(E)(11) CHAPTER 5: USE STANDARDS Section 5.4 Temporary Uses Subsection (E) Specific Standards for Temporary Uses City of Monticello Zoning Ordinance Page 335 (12) Seasonal Sales Seasonal sales shall: (a) Be authorized in writing by the property owner if conducted on property not owned by the seasonal sale operator; (b) Not be located within any right-of-way; (c) Not reduce available parking areas below that which is required by code; (d) Provide adequate ingress, egress and off-street parking areas; and (e) Be subject to the sign standards in Section 4. CHAPTER 8: RULES & DEFINITIONS Section 8.2 Rules of Measurement Subsection (B) Lots City of Monticello Zoning Ordinance Page 353 (e) Lot Depth Lot depth shall be determined by a straight line connecting the midpoint of the front lot line to the midpoint of the rear lot line, or to the rear most point of the lot when there is no rear lot line (see Figure 8-2 for examples). (f) Lot or Street Frontage In the case of a building lot abutting upon only one street, the frontage line is the line parallel to and common with the right-of-way. In the case of a corner lot, that part of the building lot having the narrowest frontage on any street shall be considered the frontage line. For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required in this ordinance. (g) Lot Line (see Figure 8-3) (i) Corner Side Lot Line The corner side lot line is a side lot line that abuts a street or other right- of-way. (ii) Front Lot Line The front lot line is the line connecting the two side lot lines along the edge of the street that provides a lot’s street address or that opposes the primary entrance of a building. (iii) Rear Lot Line The rear lot line is the line connecting the two side lot lines along the edge of the lot opposite from the front line. Figure 8-2: Measuring Depth Figure 8-3: Lot Lines & Building Lines CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots City of Monticello Zoning Ordinance Page 367 ANTENNA, COMMERCIAL TRANSMISSION AND RECEPTION: Shall mean commercial and industrial communications equipment accessory to business operations of one meter in width or greater, but not personal wireless telecommunications service equipment. ANTENNA, PRIVATE AMATEUR RADIO: Shall mean equipment, including antennae, antennae support structures, and other related material, necessary to conduct Ham and Short Wave Radio reception and transmissions, only for use by those persons properly licensed by the Federal Communications Commission for such reception and transmissions, and who are in full compliance with all licensing requirements. ANTENNA, PRIVATE RECEIVING: shall mean television and other electronic reception antennae for private use. ANTENNA, TELECOMMUNICATION: A device used for the transmission and/or reception of wireless communications, usually arranged on an antenna support structure or building, and consisting of a wire, a set of wires, or electromagnetically reflective or conductive rods, elements, arrays, or surfaces, inclusive of the following: Private Amateur Radio Antenna(s), Private Receiving Antenna(s), Commercial Transmission And Reception Antenna(s), and Wireless Telecommunications Service Antenna(s). ANTENNA, WIRELESS TELECOMMUNICATIONS SERVICE: Shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless “cellular” telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications. ANTENNA SUPPORT STRUCTURE: Any pole, telescoping mast, tower, tripod, or other structure which supports an antenna. Such structure may be freestanding or attached to a building or other device that conforms to this ordinance. APARTMENT: A room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. An apartment is offered only as a rented or leased residence, as distinguished from condominiums and townhouses, which allow for separate ownership. APPURTENANCE: The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, open porches, bay windows, roof overhangs, awnings, solar energy systems and similar features. Planning Commission Agenda – 7/03/12 1 8. Detached Accessory Structure Update. (RH) A. REFERENCE AND BACKGROUND: Staff has completed follow-up research related to existing building setbacks for detached accessory structures. Staff’s research as included a survey of surrounding communities, analysis of building and fire code, and discussion with the State of Minnesota Building Inspections Division. A summary of findings will be presented verbally during the July meeting. B. ALTERNATIVE ACTIONS: No action required. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: A. Excerpt, 2007 Minnesota State Residential Code B. Excerpt, 2012 International Residential Building Code C. Sample Lot Configuration (for discussion) D. Aerial Image, Lot Configuration (for discussion) Planning Commission Agenda – 7/03/12 1 9. Resignation of Commissioner Voight. A. REFERENCE AND BACKGROUND: Staff has received formal notice of the resignation of Planning Commissioner Barry Voight. Staff would like to extend to Mr. Voight our most sincere gratitude for his years of service to the Commission and our congratulations and best wishes on his new position. At this time, the City is still actively seeking applicants to fill the two vacant seats on the Commission. We have received expressions from two individuals, which will be addressed during the meeting. B. ALTERNATIVE ACTIONS: No action required. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: A. Resignation Letter BARRY G. VOIGHT 3802 Hayward Ct S • Monticello, MN 55362 Phone (612) 875-5988 • Email bvoight66@gmail.com June 14, 2012 To: Angela Schumann Community Development Director, City of Monticello Clint Herbst Mayor, City of Monticello Bill Spartz Planning Commission Chair – City of Monticello RE: Planning Commission It is with great regret that I submit my resignation from the Planning Commission effective August 8th, 2012. I will complete my term during the regularly scheduled August Meeting. It has been a pleasure serving the city and working with the dedicated citizens on the various committees, Council, and city staff. Unfortunately, due to the increased time commitment of my new job, I will no longer be able to devote the time needed to complete research and attend meetings regularly. Thank you for allowing me to serve in this capacity for the past six years. Sincerely, Barry Voight Planning Commission Agenda – 7/03/12 1 10. Community Development Director’s Report. Finance Director Tom Kelly has submitted his resignation as Finance Director for the City of Monticello. Mr. Kelly will be leaving Monticello to serve as the Finance Director for White Bear Township. The City Council posted for the position immediately, has received applications, and has completed initial round of interviews. The City Council has authorized a contract with Mr. Kelly allowing for his assistance with the 2013 budgeting process as the new Finance Director is brought on board and gets up to speed. Bertram Grant Update The City received a confirmation letter from the DNR that the first grant written to support land acquisition for the athletic complex at Bertram was successful. The DNR has awarded the City and Wright County $369,250.00 in funds toward acquisition of Parcel 1, which is the approximately 40 acre parcel located on the northwest corner of the acquisition area. A match request for City/County funding will be forthcoming. Bertram Tours Community Development led two recent tours at the Bertram Chain of Lakes property. The first tour was for City staff and the second included reps from the Chamber of Commerce Board of Directors and Ambassadors. EDA, IEDC and Planning Commissioners were also invited to attend the tours. The weather cooperated and the tour attendees had an opportunity to view the park firsthand and ask questions about progress on the park and future planning. All 496 acres of property owned by the City and Wright County is now open to the public, 7 days a week. A new park access road, public parking area, 3.7 miles of groomed trail and two canoe/kayak launches are available on site. A brochure (attached) is being printed and the City and County websites are being updated to provide the public with this most recent park access information. Mowing & Noxious Weed Update Relative to the Council’s recent request, staff reps from Community Development, Streets and Dept. of Building Safety met briefly to review mowing and violation notice practices for long grass and noxious weeds. A Building Inspector has been completing weekly sweeps within the community, issuing violation notices for properties not in compliance with mowing of boulevards or within 100’ of another structure. In addition, accelerated mowing is being accomplished for properties that have received previous violation notices. The Building Inspector is also issuing violation notices for any property that has been Planning Commission Agenda – 7/03/12 2 inspected and found to contain noxious weeds. A copy of the public nuisance policy for grass and weeds and a copy of City mowing map is attached for reference. Ford Building City staff have confirmed with Chrysler Financial that a new Purchase Agreement is in place for the Ford site. The prospective buyer has not been named at this time. Upcoming Worksessions Staff would like to discuss with the Commission their availability for upcoming worksessions on the subdivision ordinance and a joint workshop with the IEDC to discuss goals for industrial land use and zoning as part of the 2013 Comprehensive Plan review. Ideally, staff would like to complete a City tour and initial subdivision worksession in August, followed by the workshop with the IEDC in September.