Planning Commission Agenda 08-07-2012
REGULAR MEETING
MONTICELLO PLANNING COMMISSION
Tuesday, August 7th, 2012
6:00 PM
Mississippi Room, Monticello Community Center
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 July 3rd, 2012
b. Regular Meeting of July 3rd, 2012
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. 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
3.7(J) – Special Use Overlay District
4.4(I) – Sign Lighting
4.5(I) – Temporary Signs
4.8 - Off-Street Parking
4.9 – Off-Street Loading
5.1 - Use Table
5.3(C) – Regulation for Residential Uses
5.3(G) – Regulations for Industrial Uses
5.3 - Accessory Uses
5.4 - Temporary Uses
8.2 – Rules of Measurement
8.4 - Definitions
6. Update on 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. Update on Planning Commission Vacancies
8. Community Development Director’s Report
9. Adjourn.
SPECIAL MEETING MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, July 3, 2012 - 5:00 PM
Mississippi Room, Monticello Community Center
Commissioners Present: William Spar(z, Brad Fyle, Charlotte Gabler, Barry Voight
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC
1. Call to order
Commissioner Spartz called the meeting to order at 5:00 p.m.
2. Purpose
This purpose of this special meeting is to consider a proposal presented by Bill Kemp
from Podawiltz Development for potential construction of rental housing at the Autumn
Ridge townhome development.
3. Podawiltz PresentatYor�
Bill Kemp specified that Podawiltz Development proposed to purchase 39 lots, or half of
the lots remaining in the Autumn Ridge 3rd Addition townhome development, on which
to construct a 35 unit rental townhome development. The density of the development will
be reduced but the basic site plan will remain the same as in the development agreement
currently approved by the City.
Based upon initial City interest in exploring such a project, Podawiltz Development
applied for funding from the Minnesota Housing Finance Agency (MHFA). MFHA
project financing determinations are expected in October. If the funding application is
approved, Podawiltz Development would make formal requests to the City for planning
action and additional financing which may be required to move the project forward. This
project is not a rental housing subsidy program. Tenants must be able to afford the rent
range from $750-$850 per month. A family of four must have a maximum income of
$48,000 a year to be eligible to rent.
Proposed bedrooms and garage sizes are slightly larger than in existing units as required
by MHFA design criteria. The design is two story unit slab with bedrooms above grade as
compared to the type of split townhomes currently onsite. The MHFA will not finance
any housing with bedrooms below grade. Steel siding will be used and the exterior color
scheme will be the same. Each unit will have patios rather than decks. There will be two
tot lots and landscape enhancements along Edmonson Avenue. There are not anticipated
road modifications. The plan is required to comply with Minnesota Housing Green
Criteria as it relates to construction waste, energy efficiency, and water conservation
features. There is also a new sprinkler code requirement in place.
The proposal calls for 19 two bedroom 1749 square foot units with an additional 474 in
square footage in the garage. There will be 2 two bedroom handicap 1180 square foot
Planning Commission Minutes 07/03/12
units with an additional 505 in square footage in the garage and 14 three bedroom 1680
square foot units with an additional 472 in square footage in the garage. The overall
square footage is comparable to the townhomes that already exists but the garages will be
slightly larger and the driveway a bit deeper. It is expected to nicely complement the
units that are already in place.
Brad Fyle asked about how closely the plan addresses minimum square foot standards.
R-2 zoning district standards require a 1050 square foot foundation and a 450 square foot
attached garage. The R-3 zoning district, which is closest in density to Autumn Ridge,
requires 1000 square foot minimum floor area and does not provide an accessory
structure minimum.
Shawn Weinand spoke representing OCello. He pointed out that Podawiltz Development
had completed a similar project in Buffalo and noted that it was fully rented. He
suggested that he could arrange a site visit and tour of the Willows development. When
asked his opinion of the Willows development, Steve Grittman stated that it is an
attractive 24 unit development on a steep site. He has heard of no complaints about the
project and that development was completed as intended.
Barry Voight asked about connecting an internal path to part of city's public greater
pathway system. Angela Schumann noted that staff would like to see the portion of
pathway between Edmonson Avenue and the loop road at Autumn Ridge connected to
the public pathway system and suggested that the Planning Commission consider adding
to it to the Comprehensive Plan next year.
Charlotte Gabler stated that the developer had done a good job upgrading the design
plans and believes the project would fill a housing gap between the R-2 and R-3 zoning
districts. She encouraged including trees in the site plan.
Lloyd Hilgart confirmed that there is no current covenant prohibiting rentals at Autumn
Ridge. Shawn Weinand noted that eleven rental units are in place at this time.
4. Adiourn
BARRY VOIGHT MOVED TO ADJOURN THE MEETING AT 5:31 PM. BRAD
FYLE SECONDED THE MOTION. MOTION CARRIED 4-0.
Recorder: Kerry T. Burri _
Approved: August 7, 2012
Attest:
Angela Schumann, Community Development Director
2
MINUTES
MONTICELLO PLANNING COMMISSION
Tuesday, July 3, 2012 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: William Spartz, Brad Fyle, Charlotte Gabler, Barry Voight
Council Liaison: Lloyd Hilgart
Staff Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC
1. Call to order
Bill Spartz called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes of May 29 2012 and June 5
2012
BRAD FYLE MOVED TO APPROVE THE SPECIAL MEETING MINUTES OF MAY
29, 2012. BARRY VOIGHT SECONDED THE MOTION. MOTION CARRIED 3-0.
(Bill Spartz abstained.)
BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF JUNE 5, 2012.
CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4-0.
3. Citizen Comments None
4. Consideration of addintz items to the agenda
a) Update on Broadway Market
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).
Planning Case Number: 2012-005
The proposed zoning amendments are intended to implement the recommendations of the
Embracing Downtown Monticello plan which was adopted as amendment to the
Comprehensive Plan in 2011. The changes 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.
Planning Commission Minutes — 07/03/12
City Planner Steve Grittman summarized that this request involves a series of proposed
changes to the zoning ordinance encompassing various sections in Chapter 3, 4, 5, 8, and
related map changes designed to incorporate the outcomes of the Embracing Downtown
Monticello project, and its recommendations for physical changes to the downtown area.
The proposed CCD regulations were developed by an ad hoc committee who met with
staff to discuss impacts of the Embracing Downtown recommendations, as well as how
those recommendations would translate into zoning code. The draft CCD changes were
presented at a public open house and ordinance amendments were 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. The vast majority of property owners will be
unaffected by new zoning regulations until they wish to create new or redeveloped
buildings, uses, or improvements on their property. To the extent that new regulations
create non -conformities out of existing developed conditions, those non -conformities are
"grandfathered" into place.
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).
Proposed Ordinance Changes
Chapter 3.5 (G). This change includes 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.
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.
2
Planning Commission Minutes — 07/03/12
4. 1, Landscaping. Site landscaping must incorporate green space on
property that may have limited green space. The clause specifies a
minimum of 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.
• 4.4, Lighting. 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 as well as two substantive changes.
o Specific Planning Commission and City Council approval are required
to construct parking areas that are between the building and the street.
The City may also approve parking lots adjacent to the street as
consistent with the overall downtown plan.
o Cross parking access can occur without the need for special permits or
approvals 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.
Barry Voight suggested that there be a link on the website directly from changes in
zoning code to the Embracing Downtown Monticello plan when referenced.
Chapter 5. This chapter includes materials related to specific land uses in the City,
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. CCD uses have been withdrawn from Table 5-1
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 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.
3
Planning Commission Minutes — 07/03/12
Brad Fyle asked why the CCD couldn't be left as a Planned Unit Development (PUD).
Steve Grittman stated that many of the uses within the CCD would not require the
lengthy level of scrutiny involved in a PUD process.
The public hearing was opened.
John Erickson, of 201 West Broadway and owner of the dental office, noted his concern
that according to the map provided, it appeared that Walnut Street would be opened to
River Street and eliminate parking in the area. Steve Grittman pointed out that the map
was included for zoning purposes to highlight subdistrict incorporation rather than
infrastructure improvements.
Erickson noted that there had been a special assessment eight years ago to close Walnut
Street between Broadway and the river. He said that the last map he had seen of the
Embracing Downtown project showed that the area was to be developed into a park.
Angela Schumann pointed out that the Embracing Downtown Plan previously adopted
does indicate how parking is to be treated if Walnut Street were to be opened to River
Street. The plan shows a plaza area and the potential for a future parking ramp. She
indicated that the pace of implementation of the plan though depends on the pace of
development and priorities of property owners in the downtown area.
Ross Adamski, of 304 Linn Street, asked why residential uses were being discussed in the
downtown area if the Embracing Downtown project is all about businesses. He also asked
how long the Comprehensive Plan had been in place.
Steve Grittman noted that existing code presumed that residential use was limited to the
upper level buildings in the CCD. The proposed ordinance acknowledges that there are
existing single family residential uses in the CCD zoning district and ensures that the
code accommodates those uses. It would be allowable to establish a commercial use if the
property were sold to someone who chose to do so. He pointed out, however, that the
new requirements provide protection for single-family property owners and enhance
transitional areas with landscape buffers for existing residential uses. Street level
residential use requires a CUP. Grittman indicated that the Comprehensive Plan had been
in place for 10-12 years within the CCD.
Jim Wolf, who owns a couple of buildings in the CCD asked, how an existing business
which was not in compliance, might be affected by this ordinance. Steve Grittman
indicated that existing conditions are grandfathered in as a legal non -conformity and as
such the business would be allowed to continue to use property as it is currently used.
State law allows for remodeling, replacing and improving but not expanding. An owner
may also sell to a future user who would have the same rights.
The public hearing was closed.
Charlotte Gabler and Bill Spartz participated in the subdivision committee and worked to
shape the ordinance to address the needs of the CCD. They noted that revisions are
0
Planning Commission Minutes — 07/03/12
always a work in progress and asked that further suggestions continue to be directed to
staff for consideration.
BARRY VOIGHT MOVED 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. CHARLOTTE GABLER SECONDED THE MOTION. MOTION
CARRIED 4-0.
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)
Angela Schumann reported that the City had received a written request from Warnert
Commercial and a verbal request from Dr. Mickle to table action both the rezoning and
the CUP requests at this time. The applicants are currently working through some site
planning issues and expect to bring the request back to the Planning Commission when
those issues are resolved.
CHARLOTTE GABLER MOVED TO TABLE ACTION ON THE REZONING
AND THE CUP REQUESTS. BARRY VOIGHT SECONDED THE MOTION.
MOTION CARRIED 4-0.
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
Staff identified minor corrections and/or clarifications to the Monticello Zoning
Ordinance for the Planning Commission's consideration. The proposed amendments are
a result of the new zoning code's daily use and application. Many of the proposed
amendments are "housekeeping" in nature, but some represent new policy direction for
the City and may require additional discussion.
Planning Commission Minutes — 07/03/12
Staff proposed that the Commission plan to consider the proposed amendments and then
to table the hearing to the August meeting in order to allow for additional discussion and
review.
1. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 3.3(D), as
related to Allowable Yard Encroachments
Staff recommended changes to better clarify this section of the ordinance. The
changes are to allow side yard encroachments; to specify requirements for side yard
encroachments on corner lots; to create consistency with accessory structure setbacks
at 6' for wide and rear lot lines; and to delete "major and minor" accessory buildings
terms.
2. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(E) - Illustration
This section clarifies existing language for front yard determinations. It allows for the
front yard to be determined from the time of platting; creates a more consistent and
easily applied standard; and eliminates "or" subjectivity. The narrowest part of the lot
constitutes the front yard. No change in the illustration is needed.
3. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(H) as
related to Density Standards for Medium -Density Residential
There is no current "high-density" district in the code. The Comprehensive Plan
refers to the need for "life -cycle" housing options. The City may wish to consider an
increase in the allowable density within the R-3 or create a higher density district.
The options are to increase density per gross acre for both the Performance & PUD
standards in the R-3; to create a new R-4 District with higher density allowances; or
to create a graduated scale of densities for the R-3 District.
From an economic development standpoint it is important to provide for multi -family
housing options for those who move to the community as labor force. Steve Grittman
underlined the need to talk about performance standards for higher density properties.
The code currently pushes toward very dense townhouse -style development.
Charlotte Gabler liked the idea of the tiered single district design. Gritmann stated
that it would build in both flexibility and uncertainty for the developer. He
recommended establishing a baseline increasing the minimum density in the district
and allowing for higher densities.
There was some discussion of the differences between a tiered district and a R-4
District. Lloyd Hilgart asked a number of questions about the amount of R-3 land
available and the amount of current housing stock. He indicated that he is not in favor
of increasing density in the R-3 but prefers creating a new zoning district and
deciding where to locate higher density housing. He indicated that he felt that tiering
would be the same as making a district conditional. He doesn't want to increase
0
Planning Commission Minutes -- 07/03/12
density without sufficient regulation.
Angela Schumann agreed to provide developed and undeveloped acreage information
for the R-2 and R-3 Districts, a copy of the 2010 housing report, and any applicable
Census or survey data at the next meeting. Steve Grittman also agreed to provide
comparative housing study data.
4. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 7(I) as
related to the Performance Overlay District
In considering the practical application of the Performance Zone Overlay District, the
use of a 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. Current
language would allow the introduction of new commercial uses into residential areas
on corner lots by right. Staff recommended an amendment which would require a
CUP for the development of new commercial uses within residential areas.
Conditions have not yet been outlined. Another option might be to strengthen by right
performance criteria.
5. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 3(C) as
related to Fences and Walls
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.
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).
The third proposed amendment outlines parking requirements for specific types of
restaurants or areas of restaurants. Each area would be calculated independently under
the restaurant heading. No changes to the parking space requirements are proposed
under this amendment.
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,
7
Planning Commission Minutes — 07/03/12
which includes adoption of a new use table specific to the CCD, staff proposed to
amend the names of uses listed within Table 5-1 consistent with the proposed use
titles for the CCD. Corresponding changes would be made to the Definitions section
of ordinance, as well. Staff proposed adding single-family as a listing under "attached
dwellings" and list as permitted only in the B-1 district. Chapter 3, Section C allows
residential dwellings in the B-1 district.
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. Staff will prepare proposed regulations for
these uses consulting with area communities, the Minnesota Pollution Control
Agency and the existing bulk fuel provider. The City may also consider whether the
ordinance should be amended to require a conditional use permit in either or both the
I-1 and 1-2 Districts.
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
Amendments to the existing Accessory Uses and Temporary Uses & Structures
regulations have become necessary in order to avoid obtaining multiple permits
through the City.
Any vendor operating a temporary, transient business must obtain a Transient
Merchant permit. 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.
Staff proposed amendments to the Accessory Use table and regulations to allow
Entertainment/Recreation — Outdoor Commercial as an allowable accessory use in
select commercial districts.
Additional amendments to Chapter 5, Section 3(B) proposed 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.
10. Amendment to Chapter 8, Section 2 as related to Rules of Measurement
This amendment clarifies existing language for front yard determinations.
Planning Commission Minutes — 07/03/12
11. Amendment to Monticello Zoning Ordinance, Chapter 8, Section 4, Definitions
Staff is proposing an amendment to the definition of "Appurtenances". Open 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.
Additional amendments to the Definitions section are described with the CCD
amendments proposed under Item 8.
BARRY VOIGHT MOVED TO TABLE THE PUBLIC HEARING ON THE
PROPOSED ORDINANCE AMENDMENTS TO THE REGULAR PLANNING
COMMISSION MEETING OF AUGUST 7TH, 2012. CHARLOTTE GABLER
SECONDED THE MOTION. MOTION CARRIED 4-0.
8. Detached Accessory Structure Update (RH)
Staff completed follow-up research related to existing building setbacks for detached
accessory structures. Research included a survey of surrounding communities, analysis of
building and fire code, and discussion with the State of Minnesota Building Inspections
Division. Building Official Ron Hackenmueller outlined his findings and answered
questions.
Hackenmueller acknowledged that the different codes in place have different
requirements. He noted that the more specific code takes precedence over the more
general rule and pointed out that the Building Code is the highest authority in terms of
determining appropriate guidelines.
Lloyd Hilgart asked for clarification as to the requirements for minimum fire separation
distance when building a detached accessory structure. The zoning code calls for six feet
of separation. Hackenmueller suggested that a 5 foot separation between structures also
allows for maintenance of buildings and grass. There was some confusion as to why
options exist for both 5 feet of separation and 3 feet of separation between structures.
There were questions about options for sheetrocking the inside of a structure in order to
pass fire code. There was also some discussion as to when a variance might be
acceptable.
There was some discussion about how property owners are most often unaware of or
ignore guidelines for detached accessory structures in order to use their property in the
way they see fit. Those that ask for Planning Commission approval often find the
guidelines limiting.
Bill Spartz asked how often the code is updated. Hackenmueller stated that, because MN
did not adopt the 2009 international code, the state continues to operate under the 2006
Planning Commission Minutes — 07/03/12
code. The 2012 rules are currently under consideration for adoption in July 2013.
Information related to fire sprinkler systems may be amended.
9. Resignation of Commissioner VoiLyht
Angela Schumann indicated that the she had received formal notice of the resignation of
Planning Commissioner Barry Voight. She expressed the Commission's gratitude for his
years of service. Voight noted that he had taken on a new position and needed to give it
his full attention at this time. He said that he'd enjoyed his role in shaping the community
through his participation on the Commission. His last Commission meeting will be in
August.
The City is still actively seeking applicants to fill the two vacant seats on the
Commission. Neither individual who had expressed interest has yet submitted an
application.
There is no interest in changing the monthly commission meeting date. Staff
acknowledged that it may be time to try some unconventional methods of soliciting
interest. The upcoming Block Party would be a good opportunity to publicize the
positions.
10. Community Development Director's Report
Finance Director - Tom Kelly will be leaving Monticello to serve as the Finance Director
for White Bear Township. He will be greatly missed. The City Council is in the process
of finding a qualified individual to fill the position.
Bertram Grant Update -The City received confirmation 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 in grant funds which will
help to kickstart planning for the athletic field space. A match request for City/County
funding will be forthcoming. There is a significant need for athletic fields as teams from
the baseball and soccer associations are competing for field time between the school
district and existing city fields. In addition, lacrosse fields are in demand.
Mowing & Noxious Weed Update - Building Inspectors have 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. The Building Inspector is
also issuing violation notices for any property that has been inspected and found to
contain noxious weeds.
Ford Building - There had been some interest in the Ford site but no applications had yet
come forward.
Upcoming Worksessions- Staff scheduled a tentative date to conduct a City tour and
initial subdivision worksession the third Tuesday in August. Bill Spartz noted that it
10
Planning Commission Minutes -- 07/03/12
might be best to wait until an additional Commissioner was appointed. Additionally, staff
suggested consideration of scheduling a joint work session in the fall with the IEDC to
review the City's industrial land base.
11. Consideration of items added to thea enda
a) Update on Broadway Market — The Conditional Use Permit comes up for review
in September. As the property is no longer owned by the original development
firm, staff will contact the bank on August 1St to discuss extending that CUP.
12. Adjourn
BRAD FYLE MOVED TO ADJOURN THE MEETING AT 8:04 PM. BARRY
VOIGHT SECONDED THE MOTION. MOTION CARRIED 4-0.
Recorder: Kerry T. Burri _
Approved: August 7, 2012
Attest:
Angela Schumann, Community Development Director
11
Planning Commission Agenda: 08/07/12
5. 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
3.7(J) Special Use Overlay District
4.4(I) Sign Lighting
4.5(I) Temporary Signs
4.8 - Off-Street Parking
4.9 Off-Street Loading
5.1 - Use Table
5.3(C) Regulation for Residential Uses
5.3(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
Ordinance for the Planning Co. The proposed amendments are
a result of the new zoning . Many of the proposed
represent new policy direction for
the City and may require additional discussion.
In July, staff presented information related to each of the proposed amendments and
requested feedback from the Commission. The formal hearing was tabled to the August
preparation of the
final ordinance document.
In addition to those amendments reviewed in July, staff has added three additional
amendments. As such, the hearing notice was republished for those additional
amendments, which are to Section 4.4(I) Sign Lighting, 4.5(I) Signs and 4.9 Off-
Street Loading. The additional amendments are described in this report and have been
included in the ordinance document.
All proposed amendments are highlighted in yellow.
1
Planning Commission Agenda: 08/07/12
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 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.
elated to their location, height and number are contained
within Chapter 5, Section 3(B). It is recommended that all standards for these types
of structures be contained in one code section. Finally, the current ordinance allows
the encroachment of porches and breezeways, 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
Planning Commission Agenda: 08/07/12
2. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 4(E) - Illustration
During the July review of amendment it was determined that based on the proposed
changes made to the Rules of Measurement section of ordinance, no changes to this
section of code are necessary.
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 has a number of options for consideration in terms of a possible increase in
allowable densities by district. The City may wish to consider an increase the
allowable density per gross acre for either or both the base and Performance & PUD
standards in the existing R-3 District. This would, in effect, allow the City to create a
density scale (depending on whether an applicant sought a Performance-based
overlay, PUD or Conditional Use Permit) within the R-3. Another option would be to
- district with higher density allowances.
During the July meeting, the Planning Commission requested that staff prepare
examples of a both a higher density R-3 district and a new R-4 district. The
Commission indicated that the creation of an R-4 district may allow the City the
maximum amount of discretion in where such high density uses are allowed, as any
new R-4 proposal would require rezoning.
With that direction, staff has included two potential amendments for consideration.
The first is an amended R-3 District, which incorporates higher densities overall, with
maximum densities allowed under a PUD rezoning. The second option is a new R-4
District. The densities proposed for the R-4 are similar to the increased allowances in
the revised R-3. In Commission were to recommend the creation of an R-4 District,
the existing R-3 would not require amendment. The existing R-3 regulations are
included for reference.
3
Planning Commission Agenda: 08/07/12
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,
staff was initially concerned about the potential for land use impact issues occurring
between residential and commercial uses in a by-right situation. However, in further
review of the Zoning Ordinance, the Transition Features regulations contained in
Chapter 4 of the ordinance apply when commercial and residential uses are
introduced adjacent to each other. As such, the City would apply standards relating to
such items as the configuration of parking, lighting, and setbacks to mitigate potential
impacts. A copy of the Transitional Features section of the ordinance is included for
reference.
With the Transition Features in place to mitigate impacts, no amendment to the PZ
district is proposed at this time.
5. Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 7(J)
Special Use Overlay District
This is a corrective amendment to identify the Special Use Overlay District as
applicable in the I-1 and I-2 Districts, per the original approval of the Special Use
Overlay District in April, 2011 under Ordinance 528.
When the code was updated to include the Special Use Overlay District changes, an
error was made in assigning Adult Use to the IBC and I-1, rather than I-1 and I-2
Districts. The amendment relates to Table 5-1, rather to any provisions in Chapter 3,
Section 7(J). Therefore, amendments are proposed in item 10 below.
6. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 4
Exterior Lighting as related to Sign Lighting
In reviewing the ordinance requirements for sign lighting for a recent sign permit
application, it was noted that the language was written in such a manner as to prohibit
any sign lighting from being visible off-site. Staff has proposed an amendment which
regulates instead the aiming, shielding and visibility of light sources specifically.
(I) Sign Lighting
Lighting fixtures illuminating signs shall comply with the standards of this section,
and such fixtures shall exterior light sources shall be aimed and shielded so that
4
Planning Commission Agenda: 08/07/12
direct illumination is focused exclusively on the sign face and the light source is not
visible from off-site areas.
7. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 5(I) as
related to Temporary Signs
Last year, a provision was added to the ordinance to allow for the placement of small
temporary off-premise signs within the CCD. This ordinance would allow a
downtown business without yard space to place temporary signs on another property
eed
was left unaddressed, that being the need for community event signage, which is
often located on private property or City right of way.
Staff is therefore recommending the addition of an allowance for such signage
through the amendments proposed below. A definition for Community Informational
Signage is also proposed with the amendments to the Definitions section.
Text of amendment(s):
Section 4.5 (D) - Prohibited Signs
Section 4.5 (D)(2) All off premises signs greater than six (6) square feet in area,
except that the City may permit certain temporary signs to display messages for
Community Informational Signs not related to the premises on which they are
displayed.
Section 4.5 (I) - Temporary Signs
Section 4.5 (I) (5) Any temporary sign permitted under this section shall be required
to display messages related only to the activity on the premises on which the
temporary sign is located, with the exception that such sign may display messages
defined as Community Informational Signs. The display of Community
Informational signage shall not add to the number of days of temporary sign display
allotted to a particular premises, business, or property by this section, and any such
sign shall comply with all other regulations of this Chapter.
On a separate, but related note, staff would recommend that the Commission consider
deleting the provisions for temporary off-premise signs within the CCD (Ordinance
section 4.5(I)(4)) when it reviews the Interim Ordinance for temporary signage in
January of 2013. In monitoring the use of the ordinance and its practical application,
it has been determined that this section of ordinance is unnecessary.
First, the ordinance presents potential enforcement and use conflicts. For example,
under the existing ordinance, a business could receive the permission of the City to
place four square foot signs within City right of way, in front of an existing private
5
Planning Commission Agenda: 08/07/12
business. This action may create resulting issues for the adjacent property owner in
terms of the number of days that business may use for their temporary signs, their
ability to place signs of their own, and the potential for permit tracking issues among
businesses who use such signage. Secondly, the City did not issue a single permit
under this provision since its adoption in April of 2011.
8. 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.
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 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.
6
Planning Commission Agenda: 08/07/12
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).
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
Planning Commission Agenda: 08/07/12
9. Amendment to the Monticello Zoning Ordinance, Chapter 4, Section 9 as related
to Off-Street Loading
Ordinance section 4.1(I) Standards for Required Screening requires that all off-
street loading facilities be screened in accordance with the provisions specified in that
section. However, the ordinance regulations pertaining specifically to off-street
loading contained in section 4.9(E), make no mention of those screening
requirements. For ease of interpretation and use, staff is proposing an amendment to
create a reference 4.1(I). A hyperlink to 4.1(I) will also be added.
Text of amendment(s):
(E) Screening
Except in the case of multiple dwellings, aAll loading areas shall be screened and
landscaped from abutting and surrounding residential uses in compliance with Section
4.1(I), of this ordinance.
If Commission wishes to recommend a less restrictive screening requirement, Chapter
4.1(I) Standards for Required Screening could be amended to reflect the language in
4.9(E) as follows.
(2) Items to be Screened
The following areas shall be screened in accordance with this section:
(a) Anything specifically called out by this ordinance as requiring screening.
(b) Large trash handling and recycling collection areas (e.g., dumpsters and
cardboard recycling containers);
(c) Loading and service areas; All loading and service areas shall be screened and
landscaped from abutting and surrounding residential uses and public rights of
way.
(d) Allowed outdoor storage areas adjacent to a public right-of-way;
(e) New construction, demolition, or other site conditions that could be unsafe for
pedestrians or vehicles.
10. 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 items are covered by a separate ordinance
amendment.
8
Planning Commission Agenda: 08/07/12
As noted in the above item 5 of this report, the Adult Use designations will also be
amended to correctly reflect allowable districts for such uses per Ordinance 528,
adopted in April, 2011.
Staff would also propose to add single-f
and list as permitted only in the B-1 district. Chapter 3, Section C allows residential
dwellings in the B-1 district.
Finally, as described in the next item, Group Residential Facility, Multi-Family uses
a
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
CI
Requirements
ARRRTRMBBBBII
Permitted
CB
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 5.2(B)(2)
P
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)
None.
- 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, PP
5.2(C)(3)
Multi-family C C
Mobile & Manufactured
5.2(C)(4)
C C P C C
Home / Home Park
Civic & Institutional Uses
Active Park Facilities
P P P P P P P P P P P P P P P None
(public)
Active Park Facilities
5.2(D)(1)
P P P P P P P
(private)
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
9
Planning Commission Agenda: 08/07/12
Essential Services None
P P P P P P P P P P P P P P P
Hospitals C P P P C 5.2(D)(4)
Nursing/Convalescent
C C C C C C C C P P P 5.2(D)(5)
Home
Passenger Terminal None
C C C C C
Passive Parks and Open
P P P P P P P P P P P P P P P None
Space
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)
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
CI
Requirements
ARRRTRMBBBBII
CB
O A 1 2 N 3 H 1 2 3 4 1 2
D C
Office Uses
Offices P P P P P P P 5.2(E)
Commercial Uses
Adult Uses P 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 none
Commercial Lodging C P P 5.2(F)(15)
C
Communications/Broadcasting P P P P 5.2(F)(7)
5.2(F)(8)
Convenience Stores Retail C P P P
5.2(F)(9)
Country Club C
5.2(F)(10)
Day Care Centers C C P P P C
Entertainment/Recreation,
5.2(F)(11)
P P C C
Indoor Commercial
Entertainment/Recreation,
C C C C 5.2(F)(12)
Outdoor Commercial
Financial Institution P P P 5.2(F)(13)
Funeral Homes Services P P P 5.2(F)(14)
Hotels or Motels C P C P 5.2(F)(15)
10
Planning Commission Agenda: 08/07/12
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)
5.2(F)(21)
Restaurants C P P C
5.2(F)(22)
Retail Commercial Uses (other) P P P
5.2(F)(23)
Specialty Eating Establishments C P P P
5.2(F)(24)
Vehicle Fuel Sales C C C C
5.2(F)(25)
Vehicle Sales and Rental C C
Veterinary Facilities (Rural) C 5.2(F)(26)
Veterinary Facilities
5.2(F)(26)
C C C C
(Neighborhood)
11. Amendment to the Monticello Zoning Ordinance, Chapter 5, Section 3(C) for
Residential Uses
The City has the ability to regulate Group Residential Facility, Multi-Family uses as
conditional uses under State Statute, and as such, the City Attorney has recommended
that the City amend the ordinance to require a CUP for such uses in the R-2 and R-3
Districts. The recommended
change for CUP is listed in the amendments to Table 5-1 above.
If the City elects to create an R-4 District, such uses shall also be listed conditional in
that district.
Commission should note that the City cannot require a Condition Use Permit for
Group Residential Facilities, Single-Family.
To further clarify language related specifically to Group Residential Facility uses, the
attorney has also recommended the amendment listed below.
Text of amendment(s):
(3) Group Residential Facility
Licensed day care facilities qualifying as group residential facilities shall adhere
to the following:
(a) No overnight facilities are provided for the children served. Children are delivered
and removed daily.
(b) Adequate off-street parking and access is provided in compliance with Section 4.8
of this ordinance.
(c) Adequate off-street loading and service entrances are provided in compliance with
Section 4.9 of this ordinance.
(d) The site and related parking and service shall be served by an arterial or collector
street of sufficient capacity to accommodate the traffic which will be generated.
11
Planning Commission Agenda: 08/07/12
(e) All signing and informational or visual communication devices shall be in
compliance with Section 4.5 of this ordinance.
(f) The Group Residential Facility, Multi-Family uses shall require authorization
through a conditional use permit following the provisions of Section 2.4(D) of
this ordinance.
(g) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
12. 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. Staff have been unable to meet with
the bulk fuel provider to formulate the ordinance as of the date of this report.
13. 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.
12
Planning Commission Agenda: 08/07/12
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.
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
O A 1 2 N 3 H 1 2 3 4 1 2
D C
5.3(D)(1)
Accessory Dwelling Unit P P P P P
Accessory Building minor
5.3(D)(2)
P P P P P P P P P P P P P P P
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)
13
Planning Commission Agenda: 08/07/12
(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.
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
14
Planning Commission Agenda: 08/07/12
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.
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)
lines 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.
15
Planning Commission Agenda: 08/07/12
14. 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 street right of
way having the least width
that opposes the primary entrance of a building.
15. Amendment to Monticello Zoning Ordinance, Chapter 8, Section 4, Definitions
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.
amendment proposed in item 7 above.
Text of Amendment(s):
APPURTENANCES - 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.
SIGN, COMMUNITY INFORMATIONAL: A sign displaying information
related to a community event open to public when such event is sponsored or
operated by a person or organization in a not-for-profit capacity. Qualifying
organizations shall include any organization established under Internal Revenue
Code Section 501(c)(3) or any other organization or individual registering with
the City of Monticello meeting the requirements of this section.
B. ALTERNATIVE ACTIONS:
1. Motion to recommend approval of the ordinance amendments as described in the
th
staff report of August 7, 2012 and as codified by Ordinance 561, subject to the
recommendation of the Commission as related to Chapter 3, Section 4(G) - R-3
District.
2. Motion to table for further discussion.
16
Planning Commission Agenda: 08/07/12
C. STAFF RECOMMENDATION:
Staff recommends alternative 1 above, based on a finding that the ordinance amendments
as proposed are consistent with previous action, or serve to clarify previous action and
ordinance amendments.
D. SUPPORTING DATA:
A. Ordinance 561
B. Monticello Zoning Ordinance Excerpts:
3.3(D) Common Yard & Height Requirements
3.4(H) R-3 Medium Density Residential District
o Existing Ordinance
o Proposed Amendments, R-3 District
o Proposed Amendment, R-4 District
o Housing Report
o Zoning Map
3.7(H) Performance Overlay District
o Transition Features
3.7(J) Special Use Overlay District
4.4(I) Sign Lighting
4.5(I) Temporary Signs
4.7 Transition Features
4.8 - Off-Street Parking
4.9 Off-Street Loading
5.1 - Use Table
5.3(C) Regulation for Residential Uses
5.3(G) Regulations for Industrial Uses
5.3 - Accessory Uses
5.4 - Temporary Uses
8.2 Rules of Measurement
8.4 - Definitions
17
ORDINANCE NO. 561
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 MONTICELLO ZONING
ORDINANCE OF THE MONTICELLO CITY CODE RELATED TO:
SECTION 3.3 COMMON DISTRICT REQUIREMENTS
SECTION 3.4 RESIDENTIAL BASE ZONING DISTRICTS
SECTION 3.7 OVERLAY ZONING DISTRICTS
SECTION 4.4 EXTERIOR LIGHTING
SECTION 4.5 SIGNS
SECTION 4.8 OFF-STREET PARKING
SECTION 4.9 OFF-STREET LOADING SPACES
TABLE 5.1 USES BY DISTRICT
SECTION 5.3 ACCESSORY USES
SECTION 5.4 TEMPORARY USES
SECTION 8.2 RULES OF MEASUREMENT
SECTION 8.4 - DEFINITIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Section 3.3 Common District Requirements, Title 10 - Zoning Ordinance
Zoning Ordinance is hereby amended as follows:
3.3 (D)(2)(a) 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. A setback of
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.
Section 2. Section 3.4 Residential Base Zoning Districts
(Recommended amendments to the R-3 to be inserted per Planning Commission
recommendation.)
Section 3. Section 4.4 Exterior Lighting, Title 10 - Zoning Ordinance Zoning Ordinance
is hereby amended as follows:
ORDINANCE NO. 561
4.4 (I) Sign Lighting
Lighting fixtures illuminating signs shall comply with the standards of this
section, and such fixtures shall exterior light sources shall be aimed and
shielded so that direct illumination is focused exclusively on the sign face and the
light source is not visible from off-site areas.
Section 4. Section 4.5 Signs, Title 10 - Zoning Ordinance Zoning Ordinance is hereby
amended as follows:
4.5 (D) Prohibited Signs
(2) All off premises signs greater than six (6) square feet in area., except that the
City may permit certain temporary signs to display messages for Community
Informational Signs not related to the premises on which they are displayed.
4.5 (I) - Temporary Signs
(5) Any temporary sign permitted under this section shall be required to display
messages related only to the activity on the premises on which the temporary sign is
located, with the exception that such sign may display messages defined as Community
Informational Signs. The display of Community Informational signage shall not add to
the number of days of temporary sign display allotted to a particular premises, business,
or property by this section, and any such sign shall comply with all other regulations of
this Chapter.
Section 5. Section 4.8 Off-Street Parking, Title 10 - Zoning Ordinance Zoning
Ordinance is hereby amended as follows:
4.8 (E)(2) Vehicular Use Area Design
(a) Curb Cuts and Access
(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.
4.8 (E)(2)(b) Stall, Aisle and Driveway Design
Insert the following diagram:
ORDINANCE NO. 561
Table 4.7 Minimum Off-Street Parking Spaces by Use
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
Section 6. Section 4.9 Off-Street Loading Spaces, Title 10 - Zoning Ordinance Zoning
Ordinance is hereby amended as follows:
4.9 (E) Screening
Except in the case of multiple dwellings, aAll loading areas shall be screened and
landscaped from abutting and surrounding residential uses in compliance with
Section 4.1(I), of this ordinance.
Section 7. Section 5.1 Use Table, Title 10 Zoning Ordinance is hereby amended as
follows:
Table 5-1: Uses by District
Amend with the following additions and changes:
Residential Uses: Attached Dwelling Types Single-Family
Permitted in B-1 District
ORDINANCE NO. 561
Residential Uses: Group Residential Facility, Multi-Family
Conditional in R-2 and R-3 Districts
Civic & Institutional Uses: Clinics/Medical Services
Permitted in B-2, B-4, and CCD Districts
Conditional in B-1 and IBC Districts
Commercial Uses: Commercial Lodging
Permitted in B-4 and IBC Districts
Conditional in B-3 and CCD Districts
Commercial Uses: Convenience Stores Retail
Permitted in B-2, B-3, and B-4 Districts
Conditional in B-1 District
Commercial Uses: Funeral Services
Permitted in B-2, B-4, and CCD Districts
Commercial Uses: Hotels or Motels
Replaced by Commercial Lodging
Section 8. Section 5.3 Accessory Uses, Title 10 Zoning Ordinance is hereby
amended as follows:
5.3 (B) - General Standards and Limitations for Accessory Uses and Structures
(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.
(i)
lines abutting public streets.
5.3 (D) Additional Specific Standards for Certain Accessory Uses
Insert the following section and renumber accordingly:
ORDINANCE NO. 561
(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
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.
Section 9. Section 5.3 Accessory Uses, Title 10 Zoning Ordinance is hereby
amended as follows:
Table 5-4: Accessory Uses by District
Insert the following:
Entertainment/Recreation Outdoor Commercial
Conditional in B-3, B-4, CCD, and IBC Districts 5.3(D)(12)
Section 10. Section 5.4 - Temporary Uses, Title 10 Zoning Ordinance is hereby
amended as follows:
Table 5-6: Temporary Uses & Structures
Adjust as shown:
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
Section 11. Section 8.2 Rules of Measurement, Title 10 Zoning Ordinance is hereby
amended as follows:
8.2 (B) Lots
(1) Definitions/Measurement
(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 street right of way having the least width edge of
the primary entrance of a building.
ORDINANCE NO. 561
Section 12. Section 8.4 - Definitions, Title 10 Zoning Ordinance is hereby amended as
follows:
8.4 Definitions
The following words and terms, wherever they occur in this ordinance, shall be
interpreted as herein defined:
APPURTENANCES - 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.
CLINICS/MEDICAL SERVICES (definition remains)
COMMERCIAL LODGING Hotel and Motel are considered to be synonymous
uses. A hotel or motel Commercial Lodging means a building or group of
buildings in which sleeping accommodations are offered to the public and
intended primarily for rental for temporary occupation by persons on an
overnight basis, not including bed and breakfast establishments or a rooming
house. Such uses may include microwaves and refrigerators for each guest unit.
CONVENIENCE STORE RETAIL (definition remains)
FUNERAL HOME SERVICES (definition remains)
HOTEL OR MOTEL (move to Commercial Lodging)
SIGN, COMMUNITY EVENT - A sign displaying information related to a
community event open to public when such event is sponsored or operated by a person or
organization in a not-for-profit capacity. Qualifying organizations shall include any
organization established under Internal Revenue Code Section 501(c)(3) or any other
organization or individual registering with the City of Monticello meeting the
requirements of this section.
Section 13. This Ordinance shall take effect and be in full force from and after its passage
and publication. The ordinance in its entirety shall be posted on the City website
after publication. Copies of the complete Ordinance are available online and at
Monticello City Hall for examination upon request.
ORDINANCE NO. 561
ADOPTED BY the Monticello City Council this 13th day of August, 2012.
CITY OF MONTICELLO
____________________________
Clint Herbst, Mayor
ATTEST:
_____________________________
VOTING IN FAVOR:
VOTING IN OPPOSITION:
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 (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
Section3.4(H)
R-3 Medium/HighDensityResidenceDistrict
Thepurposeofthe“R-3”medium/highdensity
residentialdistrictistoprovideformediumtohigh
densityhousinginmultiplefamilystructuresrangingup
toandincludingtwelve(12)unitsforpermitteduses,
andovertwelve(12)unitsforconditionaluseorplanned
unitdevelopmentprojects,anddirectlyrelated,
complementaryuses.
MaximumDensitythroughConditionalUsePermit
andperformancestandards=2,550sq.ft.perunit
(approximately17.0unitspergrossacre)
MaximumDensitythroughPUDorPerformance
Standards =1,750sq.ft.perunit(approximately25.0
unitspergrossacre)
BaseDensity=4,356sqftperunit(10.0unitspergross
acre)
BaseLotArea
Minimum=30,000sqft.
BaseLotWidth
Minimum=80ft.
Typical R-3 BuildingTypes
Typical R-3 Lot
Configuration
TABLE3-8:R-3DEVELOPMENTSTANDARDS
REQUIREDYARDS(infeet)MaxHeight
(stories/
feet)
MinimumFloor
Areas
(sqft)
Minimum
Building
Width(ft)
MinimumRoofPitch
&Soffit(verticalrise/
horizontalrun)Front Interior
Side
Street
Side Rear
MultiFamily
Building
[1]
10020 4030
2.0stories
30feet
[2]
1,00024 3”/12”
Minimum6”soffit
[1]:Whenmultiplefamilyunitsaretobelocatedadjacenttopropertywhichcanbeusedforsinglefamily
detachedresidentialconstruction,thefollowingshallapply:
(a)Thesideandrearsetbacksshallbeincreasedtoaminimumofforty(40)feet.
(b)Theminimumsetbacksforparkingareasshallbeforty(40)feetonthefrontyardandfifteen(15)feet
onthesideandrearyards.
[2]:Additionalstoriesmaybeallowedthroughaconditionalusepursuanttosection2.4(D)contingentupon
strictapplicationofarequirementthatfireextinguishingsystemsbeinstalledthroughoutthebuilding.
Accessory
Structures See Section5.3(B)forallgeneralstandardsandlimitationsonaccessorystructures.
Other
Regulations
toConsult
(notall
inclusive)
Section3.3,CommonDistrictRequirements
Section3.4(B),StandardsApplicabletoAllResidentialBaseZoningDistricts
Section4.11,BuildingMaterials
Section4.8,Off-StreetParking,exceptthatparkinganddrivewaysshalloccupynomorethanfifty
percent(50%)ofanyyardareaabuttingastreet.
Section4.1,LandscapingandScreeningStandards,providedthatthereshallbenolessthanonecanopy
treepereach2,500squarefeetofgreenspaceinanyfront,side,orrearyard.
Section3.4(J)
R-4 HighDensityResidenceDistrict
Thepurposeofthe“R-4”highdensityresidentialdistrict
istoprovideforhighdensityhousinginmultiplefamily
structuresovertwelve(12)unitsforconditionaluseor
plannedunitdevelopmentprojects,anddirectlyrelated,
complementaryuses.
MaximumDensitythroughConditionalUsePermit
andperformancestandards=2,550sq.ft.perunit
(approximately17.0unitspergrossacre)
MaximumDensitythroughPUD =1,750sq.ft.per
unit(approximately25.0unitspergrossacre)
BaseDensity=4,356sqftperunit(10.0unitspergross
acre)
BaseLotArea
Minimum=30,000sqft.
BaseLotWidth
Minimum=80ft.
Typical R-4 BuildingTypes
Typical R-4 Lot
Configuration
TABLE3-8:R-4 DEVELOPMENTSTANDARDS
REQUIREDYARDS(infeet)MaxHeight
(stories/
feet)
MinimumFloor
Areas
(sqft)
Minimum
Building
Width(ft)
MinimumRoofPitch
&Soffit(verticalrise/
horizontalrun)Front Interior
Side
Street
Side Rear
MultiFamily
Building
[1]
100204030
2.0stories
30feet
[2]
1,00024 3”/12”
Minimum6”soffit
[1]:Whenmultiplefamilyunitsaretobelocatedadjacenttopropertywhichcanbeusedforsinglefamily
detachedresidentialconstruction,thefollowingshallapply:
(a)Thesideandrearsetbacksshallbeincreasedtoaminimumofforty(40)feet.
(b)Theminimumsetbacksforparkingareasshallbeforty(40)feetonthefrontyardandfifteen(15)feet
onthesideandrearyards.
[2]:Additionalstoriesmaybeallowedthroughaconditionalusepursuanttosection2.4(D)contingentupon
strictapplicationofarequirementthatfireextinguishingsystemsbeinstalledthroughoutthebuilding.
Accessory
Structures See Section5.3(B)forallgeneralstandardsandlimitationsonaccessorystructures.
Other
Regulations
toConsult
(notall
inclusive)
Section3.3,CommonDistrictRequirements
Section3.4(B),StandardsApplicabletoAllResidentialBaseZoningDistricts
Section4.11,BuildingMaterials
Section4.8,Off-StreetParking,exceptthatparkinganddrivewaysshalloccupynomorethanfifty
percent(50%)ofanyyardareaabuttingastreet.
Section4.1,LandscapingandScreeningStandards,providedthatthereshallbenolessthanonecanopy
treepereach2,500squarefeetofgreenspaceinanyfront,side,orrearyard.
City of Monticello
Housing Report
th
November 30, 2010
Housing Stock Inventory
Total Number of Housing Units, Built: 5,352
Includes all occupied and unoccupied single-family, duplex, townhome, tri-plex, individual
apartment units and manufactured home units.
Source: City building and plat records, Wright County classification information
Total Number of Housing Units, by Housing Type
o Single-Family: 4,002
o Duplex/Tri-plex: 20
o Multi-Family Residential Buildings (1-3 units): 19
o Multi-Family Residential Buildings (4 + units): 49
Multi-Family Individual Unit Count: 752
Senior Complexes Individual Unit Count: 169
o HUD Housing Buildings: 9
o Mobile home, trailer, or other: 409
Source: Wright County classification information, City building records
Residential Lot Inventory
Total Number of Final Platted (Buildable) Lots: 4,451
Counts manufactured home park units as individual lots, counts apartment buildings as
one lot. Excludes outlots.
Source: City building and plat records
Total Number of Final Platted (Buildable) Lots, Vacant: 483
o By Development/Location:
Autumn Ridge: 72
Balboul Estates: 1
Briar Oakes : 1
Carlisle Village: 51
Club West: 7
Featherstone: 46
Groveland: 4
Hillside Farm: 51
Hunters Crossing: 58
Lower Monticello: 8
Monticello: 51
Pine View: 3
Spirit Hills: 24
Sunset Ponds: 106
Source: City building and plat records
Lots to be Final Platted based on Preliminary Plat Approval: 498
Ratio of Lots Built-Out to Final Platted Lots Available: 4,451/4,934 or 90%
Ratio of Lots Built-Out to Preliminary Platted Lots Available: 4,451/5,432 or 82%
Source: City building and plat records
Total Number of Lots, by Zoning (Final Platted)
Totals below include all final platted lots, including vacant parcels. The total number of
units (5,130) does not exactly match Total Number of Housing Units, B
the count is based on City plat/building records versus County tax classification records.
The total number of units (5,130)
calculation, apartment
buildings are counted as one lot. Below, each individual unit is counted separately for
zoning classification purposes. Remember, not all apartments buildings/units are zoned
R-4.
o R-1A: 210
o R-1: 2,052
o R-2A: 93
o R-2: 881
o R-3: 271
o R-4: 409
o RPUD: 160
o CCD: 305
o PZM: 629
o PS: 120
Source: City building and plat records
Total Number ofLots, by Zoning (Preliminary and Final Platted)
Totals below include all platted lots preliminary and final, including vacant parcels. The
total
buildings
are counted as one lot. Below, each individual unit is counted separately for zoning
classification purposes.
o R-1A: 291
o R-1: 2,222
o R-2: 1,043
o R-2A: 164
o R-3: 271
o R-4: 409
o RPUD: 160
o CCD: 305
o PZM: 629
o PS: 120
Source: City building and plat records
Occupancy and Status Inventory
Status of Built-Out Lots
o Total Number of Owner-occupied Units: 3,207
Total number of rental units: 1,213 (licensed units)
th
o Vacant For Sale Units: 102 (MLS, November 30, 2010)
88 Single-Family
rd
o Vacant Foreclosed Units: 78 (as of November 23, 2010)
o Year-to-Year Comparison, Foreclosures: 198 (November, 2009)
78 (November, 2010)
Source: Minneapolis MLS, Wright County
Rental Unit Vacancy: As of December 3, 2010
Vacant Units Total Rental Units
1 54 Bluffs, The
1 28 Broadway Square
0 36 Cedar Crest
11 Chock
3 Cornerstone
8 Courtyard
0 15 Hammer
0 48 Hillside Properties
1 24 Jefferson Heights
3 8 Jens Rivervue (evictions)
0 8 Jyro
4 Jude
8 Klick
1 11 Landmark Square
1 18 Lincoln Estates
4 Longley
1 24 Marywood
49 Mississippi Shores
0 12 Monticello Manor
3 60 Monticello Village
2 8 Park Place
12 Pointe, The
8 Ramsey Townhomes
1 48 Ridgemont
0 44 Ridgeway
0 31 River Park View
24 River Road
1 8 Rowan
8 60 St. Benedicts (The Towers)*
1 15 Seventh Street Townhomes
0 35 Silver Crest
0 12 Smith & Assoc
0 12 Terrace Six
3 26 Terrace View
14 Twelve Oaks Townhomes
1 24 Washington Square
0 48 Westcello
29 862*
*Does not include St. Benedict senior care
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 4.7 Transitional Features
Subsection (A) Purpose and Intent
City of Monticello Zoning Ordinance Page 205
b. Elevations to scale of buildings included within the
comprehensive sign plan including the location of existing or
proposed wall, canopy, or marquee signs.
c. To scale plans for all existing and proposed signs of any type
included within the comprehensive sign plan indicating area,
dimensions, height, materials, colors, and means of illumination
(if any).
4. No permit shall be issued for a new or replacement sign for an
individual tenant except upon a determination by the Community
Development Department that it is consistent with the approved
comprehensive sign plan.
(3) In a PUD, Planned Unit Development District, signing restrictions shall be based
upon the individual uses and structures contained in the complex. Signs shall be in
compliance with the restrictions applied in the most restrictive zoning district in
which the use is allowed.
4.6 Underground Utilities
All utilities within or serving new development [e.g. cable television, electrical
(excluding transformers), gas, sewer, telephone, and water lines] shall be placed
underground.
4.7 Transitional Features
(A) Purpose and Intent
Transitional features are architectural elements or site aspects that must be used to ease
the transition between new development and existing structures and community
character. It is the intent of these standards to:
(1) Blend land use types throughout the City to minimize visual conflicts;
(2) Limit the excessive consumption of land though the utilization of large vegetated
buffers to separate potentially conflicting use types; and
(3) Limit interruptions in vehicular and pedestrian connections created by efforts to
segregate uses.
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
(B)Applicability
(1) Transitional features shall be required when:
(a) Different use types abut one another (e.g. residential, institutional,
commercial, office);
(b) Adjacent residential lots contain differing densities (e.g. a single family home
site adjacent to a duplex);
(c) A lot is developing or redeveloping within the R-2, CCD or T-N zoning
districts;
(d) The Community Development Department determines that design
compatibility cannot be achieved between uses in the B-1, B-2, B-3, B-4, or
IBC districts.
(2) The Community Development Department may require the use of screening in
addition to the use of transitional feature(s) where such is necessary to reduce
potential adverse impacts between incompatible uses or different building types.
(C) Standards
In areas where transitional features are required, one or more of the following
approaches shall be used, subject to approval and as required by the Community
Development Department, to establish a transition between uses:
(1) Use setbacks that are within 25 percent of the average setbacks for existing uses
on the same block face provided no new use is closer to the right-of-way than any
existing use;
Figure 4-5: Average Setbacks
The new construction (highlighted in green)
on the right demonstrates appropriate average
setbacks. The dwelling highlighted in red on
the left has a front setback that is too deep.
Page 206 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
(2) Ensure the façade width and height between façades of structures on opposing
sides of a street are consistent with each other such that neither façade exceeds the
Figure 4-6: Façade Height & Width
Ensuring similar façade height and width
dimensions of opposing façades can be an
effective means of establishing a transition
between uses.
(3) Graduate building height and mass in the form of building step-backs or other
techniques so that structures with a higher intensity have a comparable scale with
adjacent structures housing lower intensity uses;
Figure 4-7: Step Back
Construction
Step-backs in building heights
between different use types can
be an effective transitional
element.
City of Monticello Zoning Ordinance Page 207
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
(4) Use similarly sized and patterned architectural features such as windows, doors,
awnings, arcades, pilasters, cornices, wall offsets, building materials, and other
building articulations included on the lower intensity use as depicted in
Figure 4-8.
Figure 4-8:
Architectural
Features
The example on the
bottom demonstrates
effective use of
transition features.
(5) Locate off-street parking, loading, service, and utility areas to the rear of
structures, adjacent to similar site features on surrounding sites;
(6) Prevent incompatible exterior lighting or sources of audible noise or disturbance
from building façades facing lower intensity uses;
(7) Prevent abrupt changes in roof form by allowing adjacent incompatible uses to
use similar roof types, slopes, or arrangements;
(8) Orient porches, balconies, outdoor space, and other site attributes such as vending
machines associated with attached residential development away from adjacent
detached residential uses;
(9) Orient primary building façades directly across from opposing primary façades
regardless of use type (as seen in Figure 4-9); and
Page 208 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
Figure 4-9: Parallel Primary
Facades
Organizing buildings so that the
primary façades face one another
can serve as a transitional feature
when two different building types
occupy opposing sides of a street.
(10) When dealing with multi-building developments on one or more lots, establish a
continuum of use intensity where uses of moderate intensity (darkest colors in
Figure 4-10) are sited between high-intensity uses (medium colors in Figure 4-9)
and low-intensity uses (light colors in Figure 4-9) (i.e. retail to multi-family
residential to detached residential).
Figure 4-10: Staggering
Intensity
Multi-building developments
can be organized to concentrate
the highest intensity uses in a
single area and feather the
intensity and density outwards
from high intensity centers.
City of Monticello Zoning Ordinance Page 209
CHAPTER 3: ZONING DISTRICTS
Section 3.7 Overlay Zoning Districts
Subsection (J) Special Use Overlay District
(J) Special Use Overlay District
(1) Restrictions on Adult Uses
With the adoption of this ordinance, the City of Monticello exercises its authority
under Minn. Stat. 617.242 Subd. 7 and declares that these regulations supercede
the provisions of Minn. Stat. 617.242. As such, adult uses as defined in this
ordinance shall be subject to the following general provisions:
(a) Adult Use Principal activities shall be permitted only in those areas with the
BOTH required base zoning designation and the Special Use Overlay District
designation.
(b) Activities classified as obscene as defined by Minnesota Statute 617.241 are
not permitted and are prohibited.
(c) An adult use which does not qualify as an accessory use shall be classified as
an adult use/principal.
(d) Adult use/principal activities shall be prohibited from locating in any building
which is also utilized for residential purposes.
(e) Adult use/principal activities shall not be located on any parcel that abuts or
shares a property line with any of the following parcels or land uses:
(i) Residentially zoned property;
(ii) Agricultural land located in the neighboring township or in the City that is
designated in the comprehensive plan for residential use;
(iii) A licensed day care center;
(iv) A public or private educational facility classified as an elementary,
middle, junior high, or senior high school;
(v) A public library;
(vi) A public park;
(vii) A church;
(viii) Amusement places such as roller rinks, dance halls, and bowling alleys;
(ix) Liquor sales;
(f) Adult use/principal activities shall be located at least four hundred (400)
radial feet apart as measured from one another.
(g) Adult use/principal activity is a separate use and no two adult use/principal
activities shall be located in the same building or upon the same property and
each use shall be subject to all of the requirements of this section.
Page 144 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (I) Sign Lighting
Page 190 City of Monticello Zoning Ordinance
(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
(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.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (D) Prohibited Signs
Page 194 City of Monticello Zoning Ordinance
(a) Not more than one (1) sign is allowed per principal building except that one
sign is allowed per tenant within a principal building having two (2) or more
tenants each with an exclusive exterior entrance.
(b) The sign shall only be displayed when the business is open to the public.
(c) Except in the CCD district, the sign shall be placed only on the business
property and shall be located within required principal building setbacks, or
encroaching into required setback areas a maximum of five (5) feet, and shall
not be placed on any vehicle.
(d) The signs shall be located so as to maintain a minimum five (5) foot
pedestrian walkway and so as not to obstruct vehicular traffic.
(e) The sign shall be set back a minimum of two (2) feet from the back of curb of
a public street or private drive aisle.
(f) The sign shall conform to the following height and area requirements:
(i) Height: Five (5) feet.
(ii) Area: Six (6) square feet.
(g) For sandwich board signs within the CCD district, sandwich board signs may
be located in accordance with the provisions of subpart (c) above. In addition,
such signs may be placed upon the sidewalk or boulevard portion of a public
right-of-way upon the issuance of an annual permit in accordance with the
provisions and process of Section 2.4(K) of this ordinance.
(D) Prohibited Signs
The following signs are prohibited:
(1) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or
emergency vehicle signs, or which attempts to direct the movement of traffic or
which hides from view or interferes with the effectiveness of any official traffic
control device or any railroad sign or signal.
(2) All off premises signs greater than six (6) square feet in area.
(3) Flashing signs.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (E) Nonconforming Signs and Uses
City of Monticello Zoning Ordinance Page 195
(4) Roof signs.
(5) Rotating signs.
(6) Shimmering signs.
(7) Signs which move or imitate movement, except for dynamic scrolling signs as
defined in this ordinance.
(8) Signs painted, attached or in any other manner affixed to trees or similar natural
surfaces, or attached to utility poles, bridges, towers, or similar public structures.
(9) Off Premises Signs:
(a) Off premise signs existing as non-conforming structures at the time of
adoption of this ordinance greater than six (6) square feet in area shall be
considered a principal use of property.
(b) Annual permits are required for all off premises signs. Off premises signs
shall be removed as a condition of construction of another principal use upon
the property or platting or subdivision approval for the land on which it is
located.
(10) Abandoned signs.
(E) Nonconforming Signs and Uses
(1) Signs: A non-conforming sign lawfully existing upon the effective date of this
ordinance as denoted in Section 1.4 shall be regulated in accordance with Chapter
6 of this ordinance.
(2) Uses: When the principal use of land is legally non-conforming under Chapter 6
of this ordinance, all existing or proposed signs in conjunction with that land use
shall be considered conforming if they are in compliance with the sign provisions
for the most restrictive zoning district in which the principal use is allowed.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
Page 202 City of Monticello Zoning Ordinance
under this section may, at the discretion of the Council, be permitted under the
following conditions:
(a) Off-premise, temporary signs shall be no more than four (4) square feet in
area.
(b) Off-premise temporary signs shall be no more than three (3) feet in height.
(c) Off-premise temporary signs shall be limited to no more than one (1) sign
every seventy-five (75) lineal feet of street frontage, but no more than three
(3) signs per parcel.
(d) Notwithstanding other regulations to the contrary, such signs may be placed
upon the public sidewalk within a City street right of way. Any such sign
placed on the public sidewalk shall be located so as to avoid impeding
pedestrian traffic, and to avoid visual interference with vehicular traffic.
(e) An application for an off-premise, temporary sign shall be accompanied by a
written statement of permission from the owner of the private property on
which the sign is to located. Such statement shall include an express grant of
permission for City inspectors to enter the property for the purpose of
inspecting and/or removing said signs.
(f) An application for signs subject to the provisions of this section may be made
for a single period of display, or in the alternative, the City may grant
approval for annual license for the display of such signs in accordance with
Section 2.4(K). Separate fees may be established for single-period or annual-
period permits.
(g) Eligible days for the display of signs subject to this section shall be Thursday,
Friday, Saturday, or Sunday only.
(J) District Regulations
In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following
signs shall be allowed within the specific zoning districts:
(1) Within residential zoning districts (see table 3-1), the following additional
regulations apply:
(a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below,
not more than one (1) sign shall be allowed provided that:
(i) The area of the sign shall not exceed four (4) square feet.
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 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 4.1 Landscaping and Screening
Subsection (I) Standards for Required Screening
City of Monticello Zoning Ordinance Page 167
(5) Shrub Placement
Required shrubs shall be placed around the building perimeter, a minimum of
three feet from the building, with emphasis placed on screening building
foundations visible from the public right-of-way. Required shrubs may be planted
up to 10 feet from the building, or up to 15 feet from the building if there is a
sidewalk located between the planting area and the building wall.
(6) Tree Placement
Trees serving as site landscaping shall be dispersed across a site in accordance
with good planting practice and the following priority listing:
(a) In yards between a building façade and a street right-of- way where no
vehicular use area landscaping is required;
(b) Between a building and an adjacent lot with an existing use that provides
more than 50 percent of the vegetative material associated with a required
perimeter buffer;
(c) Between a building façade and an abutting lot with the same or a more intense
zoning district classification (where no perimeter buffering is required);
(d) Within open-space set-aside areas with no existing or reforested trees;
(e) Adjacent to on-site areas of pedestrian or vehicular circulation where no other
vegetative material is required (e.g., drive-thrus or stacking lanes); or
(f) Other areas near accessory structures or accessory uses.
(I) Standards for Required Screening
(1) General Requirements
In addition to the other forms of required landscaping, screening shall be required
to conceal specific areas of high visual or auditory impact or hazardous areas from
off-site views. Such areas shall be screened at all times, unless otherwise
specified, regardless of adjacent uses, districts, or other proximate landscaping
material.
Required plantings
for screening count
towards overall
required site
landscaping.
[Section 4.1(H)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (I) Standards for Required Screening
Page 168 City of Monticello Zoning Ordinance
(2) Items to be Screened
The following areas shall be screened in accordance with this section:
(a) Anything specifically called out by this ordinance as requiring screening.
(b) Large trash handling and recycling collection areas (e.g., dumpsters and
cardboard recycling containers);
(c) Loading and service areas;
(d) Allowed outdoor storage areas adjacent to a public right-of-way;
(e) New construction, demolition, or other site conditions that could be unsafe for
pedestrians or vehicles.
(3) Screening Methods
The following items are permitted for use as screening materials, and more than
one method may be used on a lot or site.
(a) Vegetative materials that can provide a 90% opacity-year round screen and
which are the minimum height necessary to screen the facility from offsite
views; or
(b) An opaque fence or wall meeting the following requirements:
(i) The fence or wall shall be consistent with the standards in Section 4.3,
Fences and Walls.
(ii) The fence or wall shall be constructed of masonry, brick, wood, or steel.
(iii) The fence or wall shall provide a solid screening effect and not exceed the
maximum height allowed for fences or walls in the underlying zoning
district, or be less than six (6) feet in height.
(iv) The design and materials used in constructing a required screening fence
shall be subject to the approval of the Community Development
Department.
Section 4.3:
Fences & Walls
CHAPTER 4: FINISHING STANDARDS
Section 4.9 Off-street Loading Spaces
Subsection (F) Size
Page 232 City of Monticello Zoning Ordinance
(7) Each loading berth shall be located with appropriate means of vehicular access to
a street or public alley in a manner which will cause the least interference with
traffic.
(C) Surfacing
All loading berths and accessways shall be improved with not less than six (6) inch class
five base and two (2) inch bituminous surfacing to control the dust and drainage
according to a plan submitted to and subject to the approval of the Community
Development Department.
(D) Accessory Use, Parking and Storage
Any space allocated as a required loading berth or access drive so as to comply with the
terms of these zoning regulations shall not be used for the storage of goods, inoperable
vehicles, or snow shall not be included as part of the space requirements to meet the off-
street area.
(E) Screening
Except in the case of multiple dwellings, all loading areas shall be screened and
landscaped from abutting and surrounding residential uses in compliance with Section
4.1(I), of this ordinance.
(F) Size
Unless otherwise specified in these zoning regulations, the first loading berth shall be
not less than fifty-five (55) feet in length, and all loading berths shall be not less than
thirty (30) feet in length. All loading berths shall be not less than ten (10) feet in width
and fourteen (14) feet in height, exclusive of aisle and maneuvering space.
Section 4.1(I):
Standards for
Required Screening
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 (C) Regulations for Residential Uses
Page 272 City of Monticello Zoning Ordinance
(d) Multiple Family
(i) Development of a multiple family building shall be compatible with the
existing and planned land use of the area and conflicts shall not be created
between commercial and residential use and activities.
(ii) If in the R-2 district, multiple family buildings shall be limited to four
dwelling units.
(iii) If in the B-2 District, multiple family buildings shall be adequately served
by a collector or arterial street.
(iv) If in the B-1, B-2 or CCD district, multiple family units shall be in the
form of apartments or condominiums located above the first floor of the
building, unless otherwise authorized to be on the first floor by a
conditional use permit meeting the following additional standards:
1. The proposed site for residential use is consistent with the goals and
objectives of the Downtown Revitalization Plan.
2. The proposed site does not interrupt the flow of commercial
pedestrian traffic in the “CCD” district.
3. Density for ground floor residential units shall not exceed one unit per
9,000 square feet of lot area, exclusive of land area utilized by, or
required for, permitted uses on the property.
(3) Group Residential Facility
Licensed day care facilities qualifying as group residential facilities shall adhere
to the following:
(a) No overnight facilities are provided for the children served. Children are
delivered and removed daily.
(b) Adequate off-street parking and access is provided in compliance with
Section 4.8 of this ordinance.
(c) Adequate off-street loading and service entrances are provided in compliance
with Section 4.9 of this ordinance.
(d) The site and related parking and service shall be served by an arterial or
collector street of sufficient capacity to accommodate the traffic which will be
generated.
(e) All signing and informational or visual communication devices shall be in
compliance with Section 4.5 of this ordinance.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 273
(f) The use shall require authorization through a conditional use permit following
the provisions of Section 2.4(D) of this ordinance.
(g) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
(4) Manufactured Homes / Manufactured Home Park
(a) Manufactured Homes in General
All manufactured homes within the City of Monticello shall be built in
conformance with the manufactured home building code and comply with all
provisions of this ordinance.
(b) Manufactured Home Parks
Development of new manufactured home parks shall be encouraged to use the
planned unit development (PUD) process to allow the City to vary or modify
the strict application and requirements for manufactured home parks to more
readily accommodate this type of development. However, absent
development through a PUD, the following requirements shall apply:
(i) In General:
1. The minimum total manufactured home park area shall be five acres.
2. Each designated mobile home site shall not be less than 2,500 sf.
3. Notwithstanding the type of development concept used, the maximum
density shall be thirteen (13) manufactured homes per acre.
4. Manufactured homes shall be the only permitted dwelling type in a
manufactured home park.
5. No tents shall be used for other than recreational purposes in a
manufactured home park.
6. There shall be no outdoor camping anywhere in a manufactured home
park.
7. Laundry and clothing shall be hung out to dry only on lines located in
Council approved areas established and maintained exclusively for
that purpose.
8. Adequate storm shelters for all residents of the manufactured home
park shall be provided on-site.
9. No part of any manufactured home park shall be used for non-
residential purposes, except such uses that are required for the direct
servicing and well being of park residents and for the management
and maintenance of the park.
Section 3.7(C):
Floodplain
District
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 (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 5.4 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 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 – 08/07/12
6. Update on 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
The co-applicants have withdrawn the requests for rezoning and conditional use permit.
Planning Commission Agenda – 08/07/12
7. Update on Planning Commission Vacancies
A. REFERENCE AND BACKGROUND
The Planning Commission has received an application for one of the two open seats on
the Commission.
The Commission is asked to set a date for interview of the candidate. Staff would
propose the second meeting date for the Commission, which is on Tuesday, August 21st,
2012. Staff would further recommend an interview time of 5:30 PM.
If the time and date are acceptable to the members of the Commission, staff will also
notify the City Council and a special meeting notice for both bodies will be posted.
B. ALTERNATIVE ACTIONS
1. Motion to call for a special meeting of the Planning Commission at 5:30 PM on
Tuesday, August 17th for the purpose of interviewing candidates for the open seats on
the Commission.
2. Motion of other.
Planning Commission Agenda – 8/07/12
1
8. Community Development Director’s Report.
Economic Development Director
Megan Barnett-Livgard tendered her resignation as Economic Development Director
on Monday, July 16, 2012. Her creativity and personal drive will certainly be missed.
Her last day was August 3rd, 2012. Economic Development is a key function and
City staff are committed to maintaining momentum on the important projects
currently in progress. Staff will be inventorying workload and will identify a
strategy for distributing high priority tasks on a short term basis. The analysis will
also include a broader examination of the position and its duties relative to city
objectives. From this examination, a plan for filling the void will be developed and
reviewed by the Personnel Committee of the City Council.
Temporary Signs – Interim Ordinance
Staff will provide a detailed mid-year report during the August meeting as related to
the interim temporary sign ordinance. Enforcement and violations are being tracked
and staff has requested a report from permit holders regarding number of days used.
(See attached letter.) Staff has sent a second request due to low response after the
first letter of request.
Building Department
The Building Department prepared a 6-month activity report for the City Council.
The report is attached for the Commission’s reference.
Subdivision Ordinance
It has been determined that prior to the Planning Commission’s community tour and
workshop on the subdivision ordinance, a small staff work group made up of
Community Development, Building and Engineering staff will first review the
ordinance in detail. The goal of the staff group will be to provide the Commission
with a more specific focus for the ordinance revision.
The small group will identify housekeeping amendments such as outdated language,
areas that can be eliminated due to existing or recent ordinance amendments, and
design manual specifications that should be included in the subdivision ordinance (or
vice versa). From there, the Planning Commission’s work will focus on the broader
picture of creating subdivision standards supporting the desired growth pattern and
land use imprint for the community.
The Commission subdivision tour is still planned to occur on August 21st, in
conjunction with a brief workshop providing an overview of staff’s findings. Staff
proposes a meeting time of 6:00 PM for the tour, immediately following the
Commission’s candidate interview.
Planning Commission Agenda – 8/07/12
2
Paperless Agendas
Staff is researching the possibility of paperless agendas for the Planning Commission.
This option is dependent on the ability for Commissioner’s to access their agenda
during the meeting. Staff is working on the possibility of providing ipads or laptops
at the Commission desk, which will require Council approval. Updates on this item
will be forthcoming as we continue to move the idea forward.
DEPARTMENTOFBUILDINGSAFETY
ConstructionActivity
Belowisacomparisonofthefirst6monthsofeachyearforthepast4years.Thiswill
giveyouagoodideaofwhatthepastlookslikeandhowthisyearisshapingup.In
comparisonwehavealreadysurpassedmypredictionoftennewhousesfortheyear.It
lookslikewecouldhaveanotherfiveorsonewsinglefamilyhomepermitapplications
bytheendoftheyear.Wearedefinitelygoingintherightdirection.Notethegraphs
containdatafromJanuary1throughJuly16ofeachrespectiveyear.
Asyoucanseeinthegraphabove,duringthisperiodwehadahighvolumeofpermits
issuedin2009.Thiswasduetotheresidualeffectofthehailstormthatweincurredin
2008.Duringthistimeperiodweissuedalargenumberofsidingandroofingpermits.
$0.00
$1,000,000.00
$2,000,000.00
$3,000,000.00
$4,000,000.00
$5,000,000.00
$6,000,000.00
$7,000,000.00
2009201020112012
Valuation
Comparison:ValuationforTotalPermitsYTD
2009-2012
572permits
$5,799,438.00
334permits
$2,745,314.00
274permits
$4,470,943.0
402permits
$6,063,785.00
CouncilConnection–7/23/12
2
Again,thesegraphsonlyshowdataforthefirsthalfofeachyear.
$0.00
$200,000.00
$400,000.00
$600,000.00
$800,000.00
$1,000,000.00
$1,200,000.00
$1,400,000.00
$1,600,000.00
$1,800,000.00
2009 2010 2011 2012
Valuation
Comparison:NewSingleFamilyConstructionPermits
YTD2009-2012
3permits
Valuation=$502,748.00
2permits
Valuation=$319,118.00
0permits
Valuation=$0
11permits
Valuation=$1,671,535.00
$0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
2009 2010 2011 2012
Valuation
Comparison:RevenueforTotalPermitsYearto
Date2009-2012
572permits
$122,662.76
334permits
$65,842.48
274permits
$101,729.26
402permits
$128,840.57