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Planning Commission Agenda 01-03-2017AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, January 311, 2017 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Linda Buchmann, Sam Murdoff, Marc Simpson, Lucas Wynne Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order B. Consideration of approving minutes a. Regular Meeting Minutes — December 6th, 2017 C. Citizen Comments D. Consideration of adding items to the agenda 2. Public Hearings A. Public Hearing — Consideration of adoption of the Monticello 2017 Official Zoning Map Applicant: City of Monticello B. Public Hearing — Consideration to amend the Monticello Zoning Ordinance, Chapters and Subsections as follows. Applicant: City of Monticello • Chapter 2, Section 4(F) — Site Plan Applications • Chapter 3, Section 4(E) — R -1: Single Family Residence District • Chapter 3, Section 4(F) — R -2: Single and Two Family Residence District • Chapter 4, Section 1(H) — Standards for Site Landscaping • Chapter 4, Section 1(J) — Zoning District Specific Landscaping Standards • Chapter 4, Section 5(J) — District Regulations • Chapter 4, Section 8(E) — Standards Applicable to All Uses • Chapter 5, Section 2(D) — Regulations for Civic and Institutional Uses • Chapter 5, Section 2(F) — Regulations for Commercial Uses • Chapter 5, Section 3(B) — General Standards and Limitations for Accessory Uses and Structures • Chapter 5, Section 4(E) - Specific Standards for Temporary Uses • Chapter 8, Section 2(B) — Lots • Chapter 8, Section 4(B) — Lots (Definitions) 3. Regular Agenda A. Consideration of a Review of the Special Use Overlay District B. Consideration to Appoint 2017 Planning Commission Officers C. Consideration to appoint a representative to the Downtown Small Area Study Steering Committee. D. Consideration of the Community Development Directors Report 4. Added Items 5. Adjournment MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, December 611, 2016 - 6:00 p.m. Mississippi Room, Monticello Community Center Present: Brad Fyle, Sam Murdoff, Marc Simpson, Lucas Wynne Absent: Linda Buchmann Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order Brad Fyle called the regular meeting of the Monticello Planning Commission to order at 6:00 p.m. B. Consideration of approving minutes a. Regular Meeting Minutes — November 1St, 2016 SAM MURDOFF MOVED TO APPROVE THE REGULAR MEETING MINUTES FROM NOVEMBER 1sT, 2016. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 4 -0. b. Special Meeting Minutes — November 14th, 2016 MARC SIMPSON MOVED TO APPROVE THE SPECIAL MEETING MINUTES FROM THE NOVEMBER 14TH, 2016. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 4 -0. C. Citizen Comments None. D. Consideration of adding items to the agenda Council Liaison Gabler asked that a short discussion about overnight parking at Broadway Market be added to the agenda. 2. Public Hearings A. Public Hearing — Consideration of a request for Variance to the front and rear yard setback for an attached accessory use 2ara2e in an R -2 (Single and Two Family Residential) District. Applicant: Daniel L. & Christine R. Stevens Angela Schumann stated the applicants withdrew their application and no action by the Planning Commission was needed. Schumann stated the applicants are considering alternative options and will submit an application at a future date if required. B. Public Hearing — Consideration of a request for Conditional Use Permit for vehicle sales and rental, a request for Conditional Use Permit for auto repair minor, a request for Conditional Use Permit for open sales display, a request for Rezoning from B -4 (Regional Business) to B -3 (Highway Business), and a request for variance for automobile repair minor beyond the front building line. Applicant: Larson Building Inc. Steve Grittman — NAC, began by explaining about the existing conditions of the Moon Motorsports site. He stated the property currently is zoned B -4 (Regional Business District) with an existing building of 24,493 square feet. The site's principle use is for motorsports vehicle sales /service, with an indoor showroom and outdoor display. The accessory uses of the site include an enclosed, outdoor storage facility and a test track. Grittman then reviewed the proposed expansion of the site. These improvements include a building addition of 8,230 square feet to the west, expanded shipping /receiving storage to the south, and relocation of a test track to avoid encroachment on the adjoining property. With such improvements, Grittman discussed the proposed land use applications starting with rezoning the parcel from B -4 to B -3 (Highway Business). He noted the B -3 District was specifically set up to accommodate motor vehicle related uses and that the principal Vehicle Sale and Rental use would not be allowed in a B -4 District under expected future changes to the zoning ordinance. In addition, the Comprehensive Plan identifies the parcel as "Places to Shop" and would accommodate the rezoning to a B -3 District. The Conditional Use Permits proposed include vehicle sales and rental; vehicle minor repair; outdoor /open vehicles sales and display; and accessory commercial recreation — outdoor. The proposed expansion meets each of the requirements for these Conditional Use Permits, with the exception of outdoor storage of vehicles in front of the building line, which would require a variance. Staff believes the variance request would be appropriate as it is a reasonable use of the property and contains unique conditions. These unique conditions include frontage on I -94, which would constitute a much more visible storage area; appropriate screening minimizes impact of views from Chelsea Road; and the proposed location better meets the intent of the Zoning Ordinance, to minimize impacts of outdoor storage uses. Grittman reviewed the Exhibit Z proposed conditions of the Conditional Use Permits and welcomed questions by the Planning Commission. Brad Fyle asked why several properties along Chelsea Road have been rezoned. Grittman said when the area was first developed, the City was under a different zoning ordinance. This ordinance allowed some rollover between the B -3 and B -4 Districts and allowed greater flexibility for land use. More recently, an effort has been made, for the B -3 and B -4 Districts to become more specific. Grittman added that many B -4 lots are available to the west of the Moon Motorsports site. Council Liaison Gabler asked for clarification of the legal, non - conforming uses on the Moon Motorsports site. Grittman stated that an outdoor storage area for parts exists, and they are not planning on changing that condition. Gabler also asked why there was no landscaping on the west of the site. Grittman stated there wouldn't be additional benefit of adding landscaping to that area as there are trees lining the west of the site along the adjacent property. Brad Fyle opened the public hearing and asked the applicant to explain about the parking lots. Andy Larson, Larson Building, Inc., explained that the south parking lot would primarily be used for employee parking. This would free up space along the east and north parking lots for customers. Larson said they also plan on having directional signage on the site and to widen the northeast corner radius to make it more obvious of the front of the store and better direct customers. Joel Erickson, Moon Motorsports, stated the parking lot to the east was primarily designed for truck and trailer parking. Joel said there are a lot more employees working at the facility and they are trying to consolidate employee parking to the south lot. Council Liaison Gabler asked the type of vehicle repair that would occur on site. Erickson commented that when the building was designed in 2007, they were originally selling and servicing mostly two wheel motorcycles and ATV's, but due to the size and popularity of side -by -side utility vehicles, an expansion is necessary. Currently, there is equipment that does not fit behind the screened area and is in the open. Council Liaison Gabler asked about the track. Erickson stated they never formally designated a space to test their equipment. Due to the lack of open space to test these vehicles, they have used the vacant property to the west. Erickson stated the track would only be used for testing and demonstration. Council Liaison Gabler also asked if there would be any bulk fuel storage on site. Erickson stated nothing additional for bulk fuel storage besides what is currently on the property. Brad Fyle asked the applicant if they reviewed the Exhibit Z comments. Erickson stated compliance with those terms. Hearing no further comments, Brad Fyle closed the public hearing. Decision 1. Resolution No. PC- 2016 -041, Rezone from B -4, Regional Business District to B -3 Highway Business District MARC SIMPSON MOVED TO ADOPT RESOLUTION NO. PC- 2016 -041, RECOMMENDING APPROVAL OF THE REZONING, BASED ON THE FINDINGS IN SAID RESOLUTION. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 4 -0. Decision 2. Resolution No. PC 2016 -042, Conditional Use Permits for (A) vehicle sales and rental, (B) Minor Vehicle Repair, (C) Open Sales and Display, and (D) Accessory Outdoor Commercial — Entertainment / Recreation. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC- 2016 -042, RECOMMENDING APPROVAL, BASED ON THE FINDINGS IN SAID RESOLUTION, AND THE CONDITIONS ATTACHED TO THIS STAFF REPORT AS EXHIBIT Z. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 4 -0. Decision 3. Resolution No. PC- 2016 -043, Variance to allow vehicle service in the front of the building MARC SIMPSON MOVED TO ADOPT RESOLUTION NO. PC- 2016 -043, APPROVING THE VARIANCE, BASED ON THE FINDINGS IN SAID RESOLUTION AND THE CONDITIONS ATTACHED TO THIS STAFF REPORT AS EXHIBIT Z. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 4 -0. EXHIBIT Z Conditions of Approval Moon Motorsports 3360 Chelsea Road Lot 1, Block 2, Otter Creek Crossing PID: 155 - 177 - 001010 1. The applicants shall provide a narrative that describes how vehicles will enter and exit the service area. 2. The landscaping plan shall be modified to move (or replant) the existing evergreen tree buffer along the outdoor storage fence line facing Chelsea Road. 3. The applicant shall provide a narrative detailing the efforts to control dust and drainage that may be generated by use of the "test track ". 4. The approvals granted under these resolutions do not factor future changes or additions, which shall separate review and approvals under the applicable regulations at the time of the change. 5. The applicant shall comply with the terms of the City Engineer's letter dated November 30th, 2016. 6. The applicant has identified a future building beyond the current improvements to the site. The future building addition and the current improvements will create more than 1 acre of new impervious surface, therefore if a future building addition does occur, the infiltration basins will likely need to be enlarged to meet City and the MN Stormwater Manual volume reduction standards at that time. 7. Comments and recommendations of other City staff. Public Hearing — Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 5, Section 1 for amendment to regulations for Vehicle Sales and Rental in the B -4 (Regional Business) District and Chapter 5, Section 1 for regulations for Accessory Use Auto Repair — Minor in the B -4 (Regional Business District). Applicant: City of Monticello Angela Schumann explained that staff has been reviewing some of the recent land use applications, especially those located along the Chelsea Road corridor, for deeper analysis of the B -3 and B -4 District as it relates to principal and accessory uses for vehicle oriented uses. The Planning Commission was asked to look at two provisions in the code for amendment. They included removing vehicles sales and rental as an allowable principal use of the B -4 (Regional Business) District and the addition of auto repair minor as an allowable conditional, accessory use to the B -4 District. Schumann reminded the Planning Commission of the recodification of the Zoning Ordinance in 2011. Prior to the recodification, the Zoning Ordinance was set up in a cascading manner, where if something was allowed in the B -2 District, for example, it was allowed in the B -3 District. In the recodification, some of the cascading of uses was brought through to the current ordinance. Staff believe this cascading effect may have inadvertently led to the inclusion of vehicle sales and rental as a principal use in the B -4 District. In the prior recodification, vehicle sales and rental was not allowed as a principal use in the B -4 District. Staff believes it was an error and that vehicle sales and rental uses are most appropriate in the B -3 District. The B -3 District purpose statement, according to the Zoning Ordinance, is intended to provide for and limit the amount of vehicle oriented uses, leaving the more traditional commercial uses to the remaining B districts. The B -4 district is more intended to be used for traditional shopping centers, where the building is primarily the use rather than open space. The B -3 Districts are clustered geographically along collector routes or intersections of collectors and highways. In addition, the prior codification of the zoning ordinance allowed a broader class of accessory uses and it was labeled "Motor Fuel Station ", Auto Repair Minor and "Tire and Battery Stores and Service" as a conditional, accessory use within the B -4. Under the recodification, these uses were not allowed as conditional, accessory uses under the B -4. Staff believes that was an error. Schumann stated examples of Walmart and Mills Fleet Farm having "auto repair minor" as an accessory use in the B -4 District. Brad Fyle opened the public hearing. Hearing no comments, Brad Fyle closed the public hearing. Sam Murdoff asked if this proposed change would have any effects on the current businesses. Schumann stated implications to Moon Motorsports, if the City Council denied their request for rezoning. Schumann stated that many of the occupied parcels along Chelsea Rd. primarily consist of vehicle oriented uses. The conditional accessory use for minor auto repair would correct nonconformities throughout the City. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC- 2016 -044, A RESOLUTION RECOMMENDING THE AMENDMENTS TO THE MONTICELLO ZONING ORDINANCE FOR REGULATIONS FOR VEHICLE SALES AND RENTAL IN THE B -4 (REGIONAL BUSINESS) DISTRICT AND CHAPTER 5, SECTION I FOR REGULATIONS FOR ACCESSORY USE AUTO REPAIR — MINOR IN THE B -4 (REGIONAL BUSINESS DISTRICT). LUCAS WYNNE SECONDED THE MOTION. MOTION CARRIED, 4 -0. 3. Regular Agenda A. Consideration to adopt Resolution No. PC- 2016 -045, a Resolution finding that the proposed sale of Certain Land (PID # 155010029020) by the City of Monticello for commercial purposes is consistent with the City of Monticello Comprehensive Plan Angela Schumann stated the Planning Commission was asked to consider a resolution relating to the sale of property located at 349 West Broadway by the City of Monticello EDA. The resolution asks for the consideration in the conveyance of property as it relates to the comprehensive plan. The parcel is located along the CCD (Central Community District) and has been vacant since 2008. The EDA purchased the site for redevelopment and received an offer to be revitalized into a chiropractic office. Schumann noted the alignment of the business being a "Personal Service ", as required by the Zoning Ordinance in the CCD District. She added the redevelopment would have to meet all of the requirements of the Zoning Ordinance if the EDA accepted the sale of the property. Schumann also cited the Comprehensive Plan and Embracing Downtown plan relative to the redevelopment of the site, noting an alignment with the goals and objectives of those plans. The recommendation of the Planning Commission would go forward to the EDA during their regular meeting on December 14th, 2016. Marc Simpson asked if there was adequate parking on site. Schumann confirmed, stating the site could be reconfigured to allow adequate parking. If building modifications occurred, changes to the parking area may need to occur. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC- 2016 -045, A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE CITY OF MONTICELLO EDA FOR COMMERCIAL PURPOSES IS CONSISTENT WITH THE CITY OF MONTICELLO COMPREHENSIVE PLAN. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 4 -0. B. Consideration of Draft 2017 Planning Commission Workplan Angela Schumann reminded the Planning Commission that this item was discussed at the prior regular scheduled meeting. Staff were asked to put together a draft 2017 work plan and to consult the Planning Commission for feedback. Feedback was received from Council Liaison Gabler and Sam Murdoff. The work plan was set out with a 2017 Statement, followed by action steps for the coming year. Schumann suggested three areas to focus on, which included the Comprehensive Plan, Zoning Ordinance, and Research Topics (detailed below). She also noted some research topic areas suggested for the coming year. Schumann stated that the approved, recommended work plan would need the approval of the City Council. This is done for the City Council to be aware of discussion areas of the Planning Commission. Sam Murdoff asked if the research topics were a part of the plan or simply suggestions. Schumann stated they would be brought forward as research to the Planning Commission as time allows. Lucas Wynne expressed interest in the "zoning for air bed and breakfasts" being a higher priority. Council Liaison Gabler expressed interest in having "zoning for food trucks" as a higher priority. SAM MURDOFF MOVED TO ADOPT THE 2017 WORK PLAN WITH NOTED MODIFICATIONS TO THE RESEARCH TOPICS PRIORITIES. LUCAS WYNNE SECONDED THE MOTION. MOTION CARRIED, 4 -0. C. Consideration of a recommendation for 2017 Planning Commission appointments. Angela Schumann noted Brad Fyle and Marc Simpson's terms will end in December, with both indicating willingness to serve another term. The recommendation of appointments will be subject to the approval of the City Council on January 91h, 2017. Brad Fyle and Marc Simpson confirmed willingness to continue on the Planning Commission. LUCAS WYNNE MOVED TO RECOMMEND THE APPOINTMENT OF COMMISSIONERS FYLE AND SIMPSON FOR A THREE -YEAR TERM ON THE PLANNING COMMISSION. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 4 -0. Brad Fyle asked if they would need to wait until after the City Council Meeting to participate on the Planning Commission. Schumann confirmed, but said no formal land use applications have been received for January. D. Consideration of recommendation re2ardin2 2017 Planning Commission schedule. Angela Schumann noted the July, 2017 Planning Commission Meeting falls on a holiday and would need to be rescheduled. SAM MURDOFF MOVED TO RECOMMEND THE REGULAR JULY MEETING OF THE PLANNING COMMISSION BE SCHEDULED FOR THE 11TU OF JULY, 2017. MARC SIMPSON SECONDED THE MOTION, MOTION CARRIED, 4 -0. Council Liaison Gabler asked if there would be any conflicts with elections dates for 2017. Schumann stated she wasn't aware of any conflicts, but would bring them forward if appropriate. E. Consideration of the Community Development Directors Report Angela Schumann explained that the City was notified of a public meeting for the relocation of the Monticello Post Office from 331 West Broadway to the Carrier Annex Building located at 206 East 7th Street. The Public Meeting is being held at 6 P.M. on December 7th, 2016 at the Monticello Community Center. Schumann noted that Planning Staff are attending that public hearing and an update will be heard at the next Planning Commission Meeting. Brad Fyle asked if any changes were occurring to the site. Schumann stated at this time, the City has not been approached for any site or building modifications. 4. Added Items Broadway Market Overnight Parking Angela Schumann stated staff would verify any nonconformities or violations of that property. Council Liaison Gabler asked if something could be done, such as signs, so that people know overnight parking is not allowed. 5. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:18 P.M. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 4 -0. Recorder: Jacob Thunander Approved: January 3, 2016 Attest: Angela Schumann, Community Development Director Planning Commission Agenda — 01/03/17 2A. Public Hearing — Consideration to recommend for the adoption the 2017 City of Monticello Official Zoning Map. (AS) A. REFERENCE & BACKGROUND The Planning Commission is asked to review the proposed City of Monticello 2017 Official Zoning Map and consider recommending the map for adoption by the City Council. The City Attorney has advised that the City adopt an official zoning map each year. The map included for review reflects rezoning actions which have occurred since the adoption of the last official map in January, 2016. The map proposed includes those rezoning amendments adopted in 2016, as follows: • Ordinance No. 644 — Rezoning the Monticello Middle School plat from A -O to R -1 • Ordinance No. 645 — Rezoning the Pinewood Elementary parcels from A -O to R -1 • Ordinance No. 649 — Rezoning the Monticello High School to Planned Unit Development • Ordinance No. 650 — Rezoning the Mills Fleet Farm plat from B -4 to Planned Unit Development • Ordinance No. 651 — Rezoning from B -2 to Planned Unit Development for Lot 1, Block 2, Oakwood Industrial Park (Red Rooster) • Ordinance No. 655 — Rezoning to from B -4 to B -3 for Camping World plat parcel • Ordinance No. 656 — Rezoning from B -4 to B -3 for Lot 1, Block 1, 901h Street Addition (Moon Motors) In recommending adoption of the Official Zoning Map, the Planning Commission will also recommend adoption of the Shoreland Overlay District, the boundaries for which are in accordance with requirements of both State statute and the Zoning Ordinance. There are no changes to the Shoreland Overlay District proposed and therefore staff is recommending adoption of the current map with no amendments proposed. B. ALTERNATIVE ACTIONS Motion to adopt Resolution No. PC- 2017 -001 recommending the adoption of Ordinance No. 6XX for the 2017 City of Monticello Official Zoning Map, including Shoreland/Floodplain companion map, based on the findings in said resolution. Planning Commission Agenda — 01/03/17 2. Motion of other. C. STAFF RECOMMENDATION Staff recommends adoption of the City of Monticello Official Zoning Map as proposed. This draft represents an accurate picture of Monticello's zoning based on a review of available records and ordinances. The City Attorney has advised that the City adopt an official zoning map each year. D. SUPPORTING DATA A. Resolution No. PC- 2017 -001 B. Ordinance No. 6XX, Draft C. 2017 Official Zoning Map, Proposed (dated 12/29/16) D. Shoreland and Floodplain Boundary, City of Monticello (dated 2/12/14) E. Ordinance No. 644 F. Ordinance No. 645 G. Ordinance No. 649 H. Ordinance No. 650 I. Ordinance No. 651 J. Ordinance No. 655 K. Ordinance No. 656 W CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2017 -001 RECOMMENDING THAT THE CITY COUNCIL ADOPT AN AMENDMENT TO THE ZONING MAP IN ITS ENTIRETY WHEREAS, the Zoning Map of the City of Monticello requires amendment; and WHEREAS, the proposed map would accommodate and further the intentions and policies of the Comprehensive Plan; and WHEREAS, the proposed zoning would be consistent with the City's land use plan; and WHEREAS, the Planning Commission of the City of Monticello finds that the proposed zoning map will be consistent with the intent of the Comprehensive land use plan and proposed zoning district; and WHEREAS, the Planning Commission has conducted a public hearing on January 3rd, 2017 to review the requests and receive public comment on the zoning map amendment; and WHEREAS, the Planning Commission finds that the proposed zoning map has met the requirements for adoption as found in the zoning ordinance and state law; NOW, THEREFORE, BE ITRESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council adopt the zoning map amendment to be identified as Ordinance No. 6 . ADOPTED this 3rd day of January, 2017 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION al ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director ORDINANCE NO.6XX CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING AND ADOPTING THE 2017 OFFICIAL ZONING MAP FOR THE CITY OF MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS. Section 1. The zoning map amendments attached hereto and incorporated herein as Exhibit "A" are adopted as the Official Zoning Map under Title 10, Section 3 of the Zoning Ordinance for the City of Monticello. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall upon request. ADOPTED AND APPROVED FOR PUBLICATIONBY the Monticello City Council this 23rd day of January, 2017. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: ORDINANCE NO.6XX EXHIBIT "A" Following are the approved amendments to the Official Zoning Map • Ordinance No. 644 — Rezoning the Monticello Middle School plat from A -O to R -1 • Ordinance No. 645 — Rezoning the Pinewood Elementary parcels from A -O to R -I • Ordinance No. 649 — Rezoning the Monticello High School to Planned Unit Development • Ordinance No. 650 — Rezoning the Mills Fleet Farm plat from B -4 to Planned Unit Development • Ordinance No. 651 — Rezoning from B -2 to Planned Unit Development for Lot 1, Block 2, Oakwood Industrial Park (Red Rooster) • Ordinance No. 655 — Rezoning to from B -4 to B -3 for Camping World • Ordinance No. 656 — Rezoning from B -4 to B -3 for Lot 1, Block 1, 901h Street Addition (Moon Motors) Q uh N t U_ Z (1) a1 7 y N 2 5 E a n i Q W 0 7 �p y G N a l6 NC C Q oc oc IO oe o f d 10J y j O SP 11 n ¢ D i'i,ci io! 10 1 10 .y. L O s 3 w 2 N 5 a n i Q W 0 7 �p y G N a l6 NC C Q oc oc oe o oe o f d 10J y j O SP 11 n ¢ D : L!uU .y. L O s 3 w 2 N O T R U y j O D C m � � u y U y O a C a m in rn > V N N m y O y c O Q A 7 a a m v y O W Q a N m N ii w ! ! ! i -- o Lj ORDINANCE NO. 644 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY REZONING THE FOLLOWING PROPERTY FROM A -O, AGRICULTURE OPEN SPACE TO R -1, SINGLE FAMILY RESIDENTIAL: PID NUMBERS: 155015015010; 155015026010; 155500123303 ;155011000062;155011000061 THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from A -O, Agriculture — Open Space to R -1, Single Family Residential: PID NUMBERS: 155015015010; 155015026010; 155500123303; 155011000062; 155011000061 (See attached Legal Description) Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 23rdday of May, 2016. / � F�- �- Brian Stumpf, Mayor ORDINANCE NO. 644 ATTEST: Jeff O' Administrator AYES: Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS: None. ORDINANCE NO. 645 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY REZONING THE FOLLOWING PROPERTY FROM A -O, AGRICULTURE OPEN SPACE TO R -1, SINGLE FAMILY RESIDENTIAL: PID NUMBERS: 155500101105;155500034303 ;155500101104;155500034302 THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS: Section 1. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from A -O, Agriculture — Open Space to R -1, Single Family Residential: PID NUMBERS: 155500101105 ;155500034303;155500101104; 155500034302 (See attached Legal Description) Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 23rd day of May, 2016. ORDINANCE NO. 645 Brian Stumpf, Mayor — ATTEST: Jeff,Will, Administrator AYES: Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS:None THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Beginning at a point of beginning described as the intersection of the West boundary line of the Village of Monticello, and the Northeasterly boundary line of the Great Northern Railway, Right of Way, in the South East corner of the Northeast Quarter of the Northeast Quarter of Section Ten (10), thence Northerly a distance of approximately 1,076 feet to the right of way of State Highway 152, thence Northwesterly along said Highway right of way, for a distance of approximately 660 feet, thence perpendicular to the Railway, right of way, a distance of approximately 762 feet, thence in a Southeasterly direction approximately 1288 feet, to the point of beginning, Township 121, Range 25, Wright County, Minnesota. AND That part of the Northeast Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter of Section 10 and that part of Government Lot 1 and Lot B of the South Half of Section 3, all in Township 121, Range 25, Wright County, Minnesota, described as follows: Commencing at the intersection of the northerly right -of -way line of the Great Northern Railway Company and the East line of the said Northeast Quarter of the Northeast Quarter; thence Northwesterly along the said right -of -way line a distance of 1445.86 feet to the actual point of beginning; thence Northeasterly at a right angle to the said right -of -way line a distance of 673.65 feet to the Southerly right -of -way line of Minnesota Trunk Highway Number 152; thence Northwesterly along the said right -of -way line to a point on the said right -of -way line said point being 1166.0 feet Southeasterly as measured along the said right - of -way line from the intersection of said right -of -way line and the North line of the Southeast Quarter of the Southwest Quarter of said Section 3; thence Southwesterly at a right angle to the said right -of -way line a distance of 361.60 feet to the Northerly right -of -way line of the Great Northern Railway; thence Southeasterly along the said Northerly right -of -way line to the point of beginning. EXCEPT: That portion of the Southeast Quarter of Section 3, Township 121 North, Range 25 West, Wright County, Minnesota lying south of the South right of way of County State Aid No. 75 and north of the Northerly right of way of Burlington Northern Santa Fe Railway (formerly Burlington Northern Railroad) more particularly described as follows: Beginning at the most easterly corner of Lot 11, Block 1, Prairie West 1st Addition, according to the recorded plat thereof, said Wright County; thence South 25 degrees 53 minutes 00 seconds West along the Southeasterly line of said Lot 11 for a distance of 361.88 feet to said Northerly right of way of Burlington Northern Santa Fe Railway (formerly Burlington Northern Railroad); thence South 53 degrees 00 minutes 46 seconds East along said Northerly right of way for a distance of 536.72 feet; thence North 25 degrees 29 minutes 07 seconds East for a distance of 465.19 feet to said South right of way of County State Aid No. 75; thence North 64 degrees 07 minutes 00 seconds West along said South right of way of County State Aid No. 75 for a distance of 526.48 feet to the point of beginning. ORDINANCE NO. 649 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY ESTABLISHING THE MONTICELLO HIGH SCHOOL PUD AS A ZONING DISTRICT IN THE CITY OF MONTICELLO, AND REZONING THE FOLLOWING PROPERTY FROM R -1, SINGLE FAMILY RESIDENTIAL DISTRICT, TO MONTICELLO HIGH SCHOOL PUD, PLANNED UNIT DEVELOPMENT: LOT 1, BLOCK 1, AND OUTLOT A, MONTICELLO HIGH SCHOOL ADDITION THE CITY COUNCIL OF THE CITY OF MONTICELL0 HEREBY ORDAINS: Section 1. Section 2.4(P) — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended by adding the following: (XX) Monticello High School PUD District (a) Purpose. The purpose of the Monticello High School PUD District is to provide for the development of certain real estate subject to the District for public school buildings and related land uses. (b) Permitted Uses. Permitted principal uses in the Monticello High School PUD District shall be schools, including pre - school, K -12, and related administrative uses, subject to the approved Final Stage Development Plans dated , and development agreement dated 2016, as may be amended. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to primary and secondary school uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Monticello High School PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R -1, Single Family District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning ORDINANCE NO. 649 Ordinance, Section 2.4 (P)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Section 2. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from R -1, Single Family Residential District to Monticello High School PUD, Planned Unit Development District: Lots 1, Block 1, Monticello High School Addition Section 3. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BYthe Monticello City Council this 27`x' day of June, 2016. Brian Stumpf, MJyor ATTEST: Jeff Administrator AYES: Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS: None. pil ORMNANCE NO. 650 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY ESTABLISHING THE MILLS FLEET FARM PUD AS A ZONING DISTRICT IN THE CITY OF MONTICELLO, AND REZONING THE FOLLOWING PROPERTY FROM B -4, REGIONAL BUSINESS DISTRICT TO MILLS FLEET FARM PUD, PLANNED UNIT DEVELOPMENT: LOTS 1 -2 AND OUTLOT A, BLOCK 1; AND LOT 1, BLOCK 2, MILLS FLEET FARM ADDITION TO MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 2.4(0) — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended by adding the following: (15) Mills Fleet Farm PUD District (a) Purpose. The purpose of the Mills Fleet Farm PUD District is to provide for the development of certain real estate subject to the District for retail commercial land uses. (b) Permitted Uses. Permitted principal uses in the Mills Fleet Farm PUD District shall be retail commercial uses as found in the B -4, Regional Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 19, 2016, which shall hereby be incorporated by reference, and development agreement dated July 25th, 2016, as may be amended. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to retail uses, and as specifically identified by the approved final stage PUD plans, which shall hereby be incorporated by reference. (d) District Performance Standards. Performance standards for the development of any lot in the Mills Fleet Farm PUD District shall adhere to the approved final stage PUD plans, which shall hereby be incorporated by reference and development agreement dated July 2511', 2016. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B -4, Regional Business District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner ORDINANCE NO. 650 of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Section 2. The zoning map of the City of Monticello is hereby amended to rezoned the following described parcels from B -4, Regional Business District to Mills Fleet Farm PUD, Planned Unit Development District: Lots 1 -2, Block 1 and Outlot A; and Lot 1, Block 2, Mills Fleet Farm Addition to Monticello Section 3. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 25th day of July, 2016. ATTEST: Jeff O' Bill, Administrator AYES:Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS: None. an tumpf, Mayor 2 ORDINANCE NO. 651 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY ESTABLISHING THE RED ROOSTER PUD AS A ZONING DISTRICT IN THE CITY OF MONTICELLO, AND REZONING THE FOLLOWING PROPERTY FROM B -2, LIMITED BUSINESS DISTRICT TO RED ROOSTER PUD, PLANNED UNIT DEVELOPMENT: LOT 1, BLOCK 2, OAKWOOD INDUSTRIAL PARK THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 2.4(P) — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended by adding the following: (14) Red Rooster PUD District (a) Purpose. The purpose of the Red Rooster PUD District is to provide for the development of certain real estate subject to the District for office - commercial and industrial services land uses. (b) Permitted Uses. Permitted principal uses in the Red Rooster PUD District shall be office - commercial uses as found in the B -2, Limited Business District and industrial services uses as found in the I -1, Light Industrial District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated May 23rd, 2016, and development agreement dated July 25th, 2016, as may be amended. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to office- commercial uses, and as specifically identified by the approved final stage PUD plans, including limited non- commercial self - storage as an accessory use. Accessory buildings on the site may be utilized for indoor storage for enterprises which may or may not occupy principal use space on the property. No outdoor storage of materials or equipment shall be permitted. (d) District Performance Standards. Performance standards for the development of any lot in the Red Rooster PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B -2, Limited Business District shall apply. ORDINANCE NO. 651 (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (P)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Section 2. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from B -2, Limited Business District to Red Rooster, Planned Unit Development District: Lot 1, Block 2, Oakwood Industrial Park. Section 3. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 4. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 25th day of July , 2016. ATTEST: a 6: n/ > _a Jeff OX W, Administrator AYES: Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS: None. nan Stumpf, Mayor 2 ORDINANCE NO. 655 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY REZONING THE FOLLOWING PROPERTY FROM B -4, REGIONAL BUSINESS DISTRICT TO B -3, HIGHWAY BUSINESS DISTRICT: LOT 1, BLOCK 1, CAMPING WORLD FIRST ADDITION 71'IF'IIE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY OR DA Section 1. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from B -4, Regional Business to B -3, Highway Business: PID NUMBERS: 155185001011 ,155185001010,155128001010 Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 14th day of November, 2016. rian Stumpf, a - ATTEST: 0'1'� &�? Jeff QV0, Administrator AYES: Gabler, Hilgart, Perrault, Posusta, and Stumpf NAYS: ORDINANCE NO. 656 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY REZONING THE FOLLOWING PROPERTY FROM B -4, GENERAL BUSINESS DISTRICT TO B -3, HIGHWAY BUSINESS DISTRICT: LOT 1, BLOCK 2, OTTER CREEK CROSSING THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. The zoning map of the City of Monticello is hereby amended to rezone the following described parcels from B -4, General Business to B -3, Highway Business: PID NUMBER: 155 -177- 001010 (See attached Legal Description) Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BYthe Monticello City Council this 12th day of December, 2016. Brian Stumpf, Mayor ATTEST: ORDINANCE NO. 656 Jeff dministrator AYES: Gabler, Hilgart, Perrault, Posusta, and Gabler NAYS: None 2B. Planning Commission Agenda: 01/03/16 Public Hearing - Consideration to amend the Monticello Zoning Ordinance, Chapters and Subsections as follows. Applicant: City of Monticello (AS) • Chapter 2, Section 4(F) • Chapter 3, Section 4(E) • Chapter 3, Section 4(F) • Chapter 4, Section I (H) • Chapter 4, Section 1(J) • Chapter 4, Section 5(J) • Chapter 4, Section 8(E) • Chapter 5, Section 2(D) • Chapter 5, Section 2(F) • Chapter 5, Section 3(B) Accessory Uses and - Site Plan Applications - R -1: Single Family Residence District - R -2: Single and Two Family Residence District - Standards for Site Landscaping Zoning District Specific Landscaping Standards District Regulations - Standards Applicable to All Uses - Regulations for Civic and Institutional Uses - Regulations for Commercial Uses - General Standards and Limitations for Structures • Chapter 5, Section 4(E) - Specific Standards for Temporary Uses • Chapter 8, Section 2(B) - Lots • Chapter 8, Section 4(B) - Definitions Property: City of Monticello Planning Case Number: 2017 -003 A. REFERENCE & BACKGROUND Request(s): Amend the Monticello Zoning Ordinance for errors or omissions within the ordinance Deadline for Decision: Not applicable; City request Land Use Designation: Various Zoning Designation: Various Overlays /Environmental Regulations Applicable: N/A Current Site Use: NA Surrounding Land Uses: NA Project Description /Analysis: In the November and December meetings of the Commission, Community Development staff noted that various amendments related to the zoning ordinance would be brought forward to the Commission over the coming year. The proposed amendments result from Planning Commission Agenda: 01/03/16 the day -to -day application of the ordinance. Community Development staff have found that within the current codification, there are conflicts among some sections, errors or omissions in the language, or a lack of necessary definition to a term or requirement. For these types of amendments, a public hearing for ordinance amendment has been initiated by application of the Community Development staff. For ordinance language which requires more discussion or policy decisions by the Commission, staff will seek direction from the Commission on whether to call for a hearing. The items presented here are those considered to be more "housekeeping" in nature, correcting the existing conflicts, errors or omissions. In bringing the proposed amendment forward, staff has used the criteria set out by ordinance for consideration: (1) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria: (a) Whether the proposed amendment corrects an error in the original text or map; or (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. A draft ordinance is attached for review, with a brief description of each proposed ordinance amendment below. • Chapter 2, Section 4(F) — Site Plan Applications It has been clarified that site plan reviews are not specifically identified as a land use application within state statutes for municipal planning. As such, staff is recommending the language be adjusted to "submittal" versus application. This adjustment will allow that the submittal occur with the building permit, or in advance at the discretion of the submitter, but prior to building permit issuance. The submittal documents are still required (either with the building permit or separately) in order to verify compliance with the zoning ordinance. • Chapter 3, Section 4(E) — R -1: Single Family Residence District No change. 2 Planning Commission Agenda: 01/03/16 • Chapter 3, Section 4(F) — R -2: Single and Two Family Residence District No change. • Chapter 4, Section 1(H) — Standards for Site Landscaping Table 4 -4, item [5] is proposed to be amended to require that tree plantings be placed within the boulevard consistent with City Ordinance 8 -3, Trees and Shrubs, which is included for reference. In addition, given site line requirements within the boulevard, it is recommended that the requirement for "Single - family Detached and Multi - Family Dwellings with Less than 5 Units" and the "TN District" be restricted to canopy tree plantings alone, with no evergreen plantings allowed. This is also consistent with the City's practice for creating a street tree canopy. An amendment to the TN District listing within the table is also proposed. Landscaping in the T -N District is listed in Section 1(H) and Section 1(J) of the landscaping code, but the two sections are not consistent in requirements. The proposed amendment provides consistency between the two sections, with the requirements stricken in favor of a simple reference to the district requirements. This will be a hyperlink in the digital version of the code. Also proposed for amendment to the table is a reference to the district- specific regulations listed in Section 1(J) for the CCD and a reference to the code section for the IBC District. The reference, rather than repeating of the code standards, eliminates duplication and chance for error with any future amendment. • Chapter 4, Section I (J) — Zoning District Specific Landscaping Standards Regulations for the "T -N" District in this section have been amended to provide consistency between table requirements and the language in the section relating to front and side yard planting requirements. The evergreen option has also been removed for the TN District consistent given site line issues in front yards. • Chapter 4, Section 5(J) — District Regulations The proposed amendments to this section are intended to avoid content -based regulation associated with "identification" or "directional" signs. The language in the section has been amended to keep current sign allowances in terms of number, but to regulate time, place and manner. Allowances for residential monuments have been clarified to indicate the location and timing of the construction of such monuments. Planning Commission Agenda: 01/03/16 The code section for "Directional Signs" is proposed to be stricken in its entirety, with the existing language inserted into the provisions for free - standing signs. Manner regulations for height and display limitations as well as location (setback) regulations have also been proposed. • Chapter 4, Section 8(E) — Standards Applicable to All Uses Subsection (1) Location of Required Parking is proposed to be amended to include a specific prohibition for parking on unimproved surfaces except as may be specifically allowed by the ordinance. This is to provide greater clarity to the parking requirements established elsewhere in the ordinance. • Chapter 5, Section 2(D) — Regulations for Civic and Institutional Uses The proposed amendment would add the qualifier "Pre -" to the current text regulation, with corresponding changes to Table 5 -1 - Uses by District and the Definitions section of the ordinance. This change reflects the shift to include preschool and early childhood education within many educational institutions. A regulation relating to conformance with all required building codes has been added as a clarification, as existing facilities may require building modifications to accommodate the early childhood function. • Chapter 5, Section 2(F) —Regulations for Commercial Uses The first proposed amendment in this section relates to standards for "Convenience Retail ". The amendment proposes to allow convenience retail beyond the hours noted by conditional use permit. Conditions evaluated would relate to site - specific mitigation of land use impacts beyond those hours. It should be noted that the definition of "Convenience Retail" states that "A convenience store may be combined with vehicle fuel sales where permitted." Many existing convenience retail stores operate beyond the current 9 PM restriction. It should further be noted that the regulations for vehicle fuel sales apply regardless of whether the use is principal or accessory to the convenience retail use. An amendment is also proposed to correct an error noted in earlier plan reviews. Table 5 -4 relating to minimum building size for vehicle sales /rental uses, has been corrected to eliminate confusion in the 2 -4 acre range. • Chapter 5, Section 3(B) — General Standards and Limitations for Accessory Uses and Structures The proposed amendment is specific to Chapter 5, Section 3(13)(3)(c), The proposed amendment more clearly describes the type of accessory structures being regulated and the location of such structures. An exception has been added to 5.3(B)(3)(a) for commercial canopies and signs, which are subject to specific use regulations within the code. Planning Commission Agenda: 01/03/16 • Chapter 5, Section 4(E) - Specific Standards for Temporary Uses In amending the Temporary Sign regulations earlier in 2016, the reference in the Temporary Use table was inadvertently missed in the amendments. The proposed amendment is consistent with Chapter 4, Section 5 language for temporary sign duration at 120 days per calendar year. • Chapter 8, Section 2(B) —Lots Reference to side yards is proposed to be stricken. Structures may be allowed in side yards, if they are behind the front line of the principal structure and meet the other requirements of Chapter 5, Section 3(B)(3). • Chapter 8, Section 4(B) - Definitions A definition for "Sign, Directional" has been added. No definition existed for the class of signs previously. The definition for "K -12 Educational Institution" has been amended per the above amendment for Pre -K education recognition. The Planning Commission will note that where a change is required to the Table of Contents or graphics within the document to reflect a change to the title of an item, such as "Site Plan Application ", the ordinance includes an allowance for the city Clerk to make these adjustments consistent with the ordinance amendment. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution No. PC- 2017 -002, a resolution recommending adoption of the proposed amendments to the zoning ordinance based on a funding that such amendments are consistent with the City's long -term land use goals and other stated findings in said resolution. 2. Motion to deny adopting Resolution No. PC- 2017 -002, based on findings to be made by the Planning Commission. Motion to table for additional information. C. STAFF RECOMMENDATION: City staff supports Alternative 91 above. The amendments meet the criteria outlined for consideration, including the correction of errors with the text and /or addressing changing conditions affecting uses or terms within the code. The amendments provide for more clear and consistent administration of the zoning ordinance in support of the goals and objectives outlined in the comprehensive plan. 5 D. SUPPORTING DATA: Planning Commission Agenda: 01/03/16 A. Resolution No. PC- 2017 -002 B. Ordinance No. 6XX, Draft C. Monticello Zoning Ordinance, Excerpts D. Monticello City Ordinance 8 -3, Trees and Shrubs rel CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2017 -002 RECOMMENDING AMENDMENTS TO TITLE 10 OF THE MONTICELLO ZONING CODE RELATED TO MISCELLANEOUS SECTIONS WHEREAS, the Zoning Ordinance serves as the primary implementation tool of the City's Comprehensive Plan goals and objectives; and WHEREAS, various portions of the Zoning Ordinance have been identified as benefitting from amendment to increase clarity and usefulness; and WHEREAS, the Planning Commission held a public hearing on February 3, 2015 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission has identified ordinance amendments to clarify various chapters and sections with changes to the following: • Chapter 2, Section 4(F) • Chapter 4, Section 1(H) • Chapter 4, Section 1(J) • Chapter 4, Section 5(J) • Chapter 4, Section 8(E) • Chapter 5, Section 2(D) • Chapter 5, Section 2(F) • Chapter 5, Section 3(B) Accessory Uses and • Chapter 5, Section 4(E) • Chapter 8, Section 2(B) • Chapter 8, Section 4(B) - Site Plan Applications - Standards for Site Landscaping Zoning District Specific Landscaping Standards District Regulations - Standards Applicable to All Uses - Regulations for Civic and Institutional Uses - Regulations for Commercial Uses - General Standards and Limitations for Structures Specific Standards for Temporary Uses - Lots - Definitions WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed amendments improve the ability of the Planning Commission and City Council to direct land use and land use policy in the City. 2. The proposed amendments are consistent with the language and intent of the Comprehensive Plan. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC- 2017 -002 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Commission recommends that the City Council adopts the proposed amendments as presented and approved. ADOPTED this 3rd day of January, 2017 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION L-02 ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 ORDINANCE NO.6XX CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, ADDRESSING THE FOLLOWING: • CHAPTER 2, SECTION 4(F) • CHAPTER 4, SECTION 1(H) • CHAPTER 4, SECTION 1(,i) - LANDSCAPING STANDARIJ • CHAPTER 4, SECTION 5(J) - • CHAPTER 4, SECTION 8(E) • CHAPTER 5, SECTION 2(D) INSTITUTIONAL USES • CHAPTER 5, SECTION 2(F) • CHAPTER 5, SECTION 3(B) LIMITATIONS FOR - SITE PLAN APPLICATIONS - STANDARDS FOR SITE LANDSCAPING - ZONING DISTRICT SPECIFIC is - DISTRICT REGULATIONS - STANDARDS APPLICABLE TO ALL USES - REGULATIONS FOR CIVIC AND - REGULATIONS FOR COMMERCIAL USES - GENERAL STANDARDS AND ACCESSORY USES AND STRUCTURES • CHAPTER 5, SECTION 4(E) - SPECIFIC STANDARDS FOR TEMPORARY USES • CHAPTER 8, SECTION 2(B) - LOTS • CHAPTER 8, SECTION 4(B) - DEFINITIONS IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota: Section 1. Chapter 2, Section 4(F) - Site Plan Applications, is hereby amended to read as follows: (A) Site Plan pplie^*i^„^ Submittals (1) Purpose and Scope The City Council declares it necessary and appropriate to require site plan appr-eval review of development in certain zoning districts to preserve and promote attractive, well - planned, stable urban conditions. Site plan approval by the Community Development Department must be obtained before a building permit is issued in order to ensure the following: (5) ApplientionSubmittal (a) All apes submittals for Site Plan review shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to the common application requirements of Section 2.4(F)(5)(a) above, applioations submittals for site plan review shall also ORDINANCE NO.6XX include at least the following to be considered complete (except as exempted by the Community Development Department). Review (6) Review (b) Site Plan Review Process (i) Upon receiving a complete applioatie submittal for site plan review, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements. The Community Development Department may be assisted in conducting site plan reviews by representatives from other City departments or divisions. (ii) ^ „„l ioatio„^ Site Plan submittals - determined to conform with the approval criteria outlined in Section 2.4(F)(6)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A notice of site plan approval shall be provided to the appliean t submitter that includes all conditions, comments, and recommendations. (iii) Site plans not conforming with the approval criteria outlined in Section 2.4(F)(6)(a) shall be revised by the submittar to meet the requirements of the City ordinance prior to approval of any other permit. denied b,, the Comniu nit , Pev4opinent Depaptnient. 4 l (10) Amendments of an Approved Site Plan (a) Requested amendments that involve one of the following shall be reviewed as a new site plan app4eatie+i--submittal: Section 2. Chapter 4, Section 1(H) — Standards for Site Landscaping, Table 4 -4; Required Site Landscaping Plantings is hereby amended to read as follows: 2 ORDINANCE NO.6XX General Standards Single- family detached and 4.0 ACI of canopy trees-09 Multi- family dwellings with less than five (5) units [5] [6] [7] Multi - Family Dwellings with 16.0 ACI of canopy trees (including at least 3 evergreen trees) per five (5) or more units acre + at least 2 shrubs per each 10 feet of building perimeter, or as may be otherwise specified in the zoning district Civic & Institutional Uses 14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at least I shrubs per each 10 feet of building perimeter Office & Commercial Uses 10.0 ACI of canopy trees (including at least I evergreen tree) per acre + at least 2 shrubs per each 10 feet of building perimeter ACI of canopy trees (including at least I evergreen tree) per acre Industrial Uses nleast I shrub per every 10 feet of a building wall facing a public right -of -way District Specific Standards: TN District lot standards (all plantings must be in the front or side yards, and all shrub and flower plantings must be in the front yard) CCD lot standards i y See Ordinance 4.1(J)(2) See Ordinance 4.1(J)(3) WO 40 t;f r=aRepy trees IBC District lot standards See Ordinance 4.1(J)(4) NOTE: ACI = Aggregate Caliper Inches [ I ]: See Table 5 -1, Uses By District. [2]: At least '/z of the required shrubs shall be of an evergreen variety. [3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches towards the total number of required canopy tree caliper inches. [4]: Credits towards required landscaping are available for the retention of non - specimen trees per the provisions of Section 4.2(D), Tree Preservation Incentives. [5]: Required landscaping trees shall be planted within the #eeRt yard boulevard. [6]: Lots in the T -N District shall not adhere to these standards, but instead to the specific standards listed z in ,T-able 4 4 and section 4.10)(2). [7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees ) ORDINANCE NO.6XX Section 3. Chapter 4, Section 1(J) — Zoning District Specific Landscaping Standards is hereby amended to read as follows: (2) Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: (i) 4.0 caliper inches of canopy trees plus 2 ornamental trees or- 2.0 ^wiper- ^hes of eanep y trees 4= 1 evergreen tFee Trees may be planted in front or side yard. (ii) No less than 1 shrub per 20 square feet of front yard area. (iii) No less than 1 deciduous flower planting per 20 square feet of front yard area. (b) No private driveway leading to a garage may be more than 18 feet in width at the front yard property line. (c) Lot area that is not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. (d) A landscaping plan must be approved by the Community Development Department prior to issuance of a building permit. (e) A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section. Section 4. Chapter 4, Section 5(J) — District Regulations is hereby amended to read as follows: (1) Within residential zoning districts (see table 3 -1), the following additional regulations apply: (b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, residential uses shall be allowed one (1) residential area identifieation monument sign per collector or arterial street access. Such sign shall „^* ° ° ^ ° °a t4ifty two (324 s"afe feet na ° 0t (9) feet i h°;ot meet the requirements of this ordinance and shall be constructed at the time of plat or phased plat development adjacent to the collector or arterial access. (c) ��e e * blai diRgS .,,,a StRIQtfr°S r446 446 Of to qffaSi 1;4.,40a to Accredited °1°,.,°„t.,,., +14 a al° , 4 ORDINANCE NO.6XX high seheels, and feligietis instittifiens stieh as e ittfehes, ehapels, temp and synageg*es Civic and institutional uses shall be allowed two (2) monument insfitfffienal identifieation signs per lot meeting the requirements of this ordinance. „^* ° ° °a:,, . se r *. f; -,° ( ;c) S in afea and eight (9) feet in heigh . (2) Within business and industrial zoning districts (see table 3 -1), the following additional regulations shall apply: (b) Freestanding Signs (i) Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty -two (22) feet. (ii) If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. (iii) In addition to the sign allowed by sections (i) and (ii) above, additional signage may be allowed per lot in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet. Such signage shall not exceed three (3) feet in height. Signage shall be setback at least 6' from adjacent property lines and shall not be located within a public right of way or easement without a license agreement approved by the City Council. Such signs may not include changeable copy or dynamic displays. (iv) For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs may be constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty -five (25) feet in height and three hundred (300) square feet in area. W14''M '=111011111 ORDINANCE NO.6XX Section 5. Chapter 4, Section 8(E) — Standards Applicable to All Uses is hereby amended to read as follows: (1) Location of Required Parking (� All parking must occur on a paved surface except as may be permitted by this ordinance. Section 6. Chapter 5, Section 2(D) — Regulations for Civic and Institutional Uses is hereby amended to read as follows: (8) Pre -K -12 Schools (public or private): (h) Buildings and structures must comply with building code requirements as adopted by the City of Monticello. Section 7. Chapter 5.2(F) — Regulations for Commercial Uses is hereby amended as follows: (10) Convenience Retail (k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m., except as may be approved by conditional use permit. (31) Vehicle Sales or Rental maim Minimum Building Size < Less than 2 acres 5% 2,500 square feet 2 acres Zto 4 acres W 10% 10,000 squarq&et > Greater than 4 acres 15% 40,------ are feet Section 8. Chapter 5, Section 3(13) — General Standards and Limitations for Accessory Uses and Structures is hereby amended to read as follows: (2) Location of Accessory Uses or Structures (c) Detached accessory structures shall not be located beyond the front building line established by the principal structure, with the exception of commercial canopies and signs, which must adhere to the regulations of this ordinance. Section 9. Chapter 5, Section 4(E) - Specific Standards for Temporary Uses, Table 5 -6 — Temporary Uses & Structures is hereby amended to read as follows: rel ORDINANCE NO.6XX Section 10. Chapter 8, Section 2(B) — Lots, is hereby amended to read as follows: (3) Required Yards (a) Definitions /Measurement (i) Accessory Structure Yard The minimum yard requirement between a lot line and an allowable accessory structure. Detached accessory structures may not be placed within front yards or corner side yards. Section 11. Chapter 8, Section 4 - Definitions is hereby amended to include the following terms as defined, or redefined: SCHOOL,Pre -K -12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. Section 12. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. 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. 7 ORDINANCE NO.6XX Brian Stumpf, Mayor ATTEST: Jeff O'Neill, Administrator AYES: NAYS: Section 2.3(1): Public Notification MN Statutes, Chapter 14 SITE PLAN CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (8) Revocation The City Council may revoke an Interim Use Permit upon finding that any of the conditions set forth in the permit are violated. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(I). Following the hearing and subsequent discussion, the City Council may revoke the IUP by adopting findings of fact showing there has not been substantial compliance with the required conditions. (9) Amendments All requested amendments to an existing interim use permit shall be processed in the same manner as a new application. (10) Renewal All renewals of an existing interim use permit shall be processed in the same manner as a new application. (F) Site Plan Applications (1) Purpose and Scope City of Monticello Zoning Ordinance The City Council declares it necessary and appropriate to require site plan approval of development in certain zoning districts to preserve and promote attractive, well - planned, stable urban conditions. Site plan approval by the Community Development Department must be obtained before a building permit is issued in order to ensure the following: (a) A proposed project's compatibility with the area environment and with other existing land uses and buildings in the surrounding area. (b) The quantity, quality, utility, size, and type of a proposed project's required open space and proposed landscaping improvements. (c) The ability of a proposed project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians. (d) The quantity, quality, utility, size, and type of a proposed project's required community facilities. (e) The location and adequacy of a proposed project's provision for drainage and utilities. CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (f) Security, fire protection, and life /safety issues. (2) Applicability (a) Unless exempted pursuant to Section 2.4(F)(3) below, Site Plan review shall be required for all residential and nonresidential development (including changes to required parking areas, proposed changes to outside commercial sales or storage areas, etc) prior to the issuance of a Building Permit or other approval. (b) The Community Development Department is authorized to review and approve, approve with conditions, or deny Site Plan reviews in accordance with the procedures and standards of this section. (3) Exemptions The following may be exempted from Site Plan review: (a) Detached residential uses (i.e. single family homes). (b) Residential accessory buildings or other similar structures as determined by the Community Development Department. (c) The internal construction or change in floor area of a development that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of this ordinance. (d) Temporary uses. (e) Any building exempted by state statute. (f) Additions to existing buildings, structures or uses, if, in the opinion of the Community Development Department, such addition does not substantially affect the proposed or current development of adjacent or nearby properties. Page 36 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (4) Initiation Section 2.3: Common An application for Site Plan review may be initiated by the property owner or Review Requirements other person with authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (5) Application (a) All applications for Site Plan review shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to the common application requirements of Section 2.4(F)(5)(a) above, applications for site plan review shall also include at least the following to be considered complete (except as exempted by the Community Development Department). All documents shall be prepared by a registered land surveyor, registered professional engineer, or other qualified professional as directed by the Community Development Department. (i) Name of the project; (ii) Name, address and telephone number of applicant, engineer, architect, surveyor and owner of record; (iii) Legal description; (iv) Date proposed, north arrow, engineering scale, number sheets and name drawer; (v) Vicinity map showing relationship of the development to surrounding streets, rights -of- way and the like; (vi) Description of intended use of site, buildings, structures, including type of occupancy and occupancy load; (vii) Tabulation box, indicating the following: 1. Size of parcel in acres and square feet; 2. Gross floor area of each building; 3. Percent of site covered by impervious surface; 4. Projected number of employees; 5. Number of seats if intended use is a restaurant or place of assembly; Section 4.8: Off- Street ParkiM 6. Number of parking spaces required; Requirements 7. Number of parking spaces provided, including handicapped; 8. Dimension of parking spaces and aisles; 9. Existing zoning and land use designations; and 10. Area of public open space (if applicable). City of Monticello Zoning Ordinance Page 37 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (viii) Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations within proposed site plan boundary shown and to a distance of 150 feet beyond; (ix) Topographic data within the property to be subdivided and 200 feet beyond the property boundary, showing contours as follows: 1. All areas of the proposed area with a slope greater than 25% must be clearly indicated: 2. Two -foot contours where slope is 7% or less; 3. Two -foot contours where slope is from 7% to 15 %; and 4. Ten -foot intervals where slope is greater than 15 %. (x) Grading, drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in Section 4- 10(D). (xi) Utility plans prepared by a registered professional engineer consisting of the following: 1. Location, size and grades of all existing sanitary sewer, water main, hydrants and storm sewer on site or adjacent to for proposed connection; 2. Location of all existing gas mains, electric and phone cables, light poles, power boxes and the like; 3. Location, size, grades and materials for all proposed public sanitary sewer, water main, hydrants and storm sewer; 4. Supplemental calculations for trunk sanitary sewer and water main, if required by the Community Development Department; 5. Supplemental storm sewer computation sheet verifying capacities and volumes for all pipe segments, if required by the Community Development Department; and 6. Existing and proposed drainage and utility easements. (xii) Street plans prepared by a registered professional engineer showing the following: 1. All existing and proposed points of ingress /egress; 2. Widths at property lines; 3. Turning radii abutting right -of -way; 4. Center line, paving width, existing and proposed median and curb cuts and intersection of streets and driveways; and 5. Access alignment and grades. Section 4.100): Grading, Drainage, Stormwater Management, & Erosion Control Page 38 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (xiii) Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices; Section 4.1(D): Landscape Plan (xiv) Landscape plan prepared by a qualified professional providing all Requirements information outlined in Section 4.1(D); (xv) Location, access and screening detail of large trash handling and Section 4.1(1)(5): recycling collection areas in compliance with the requirements of Section Rooftop Screening 5.3(D)(34); (xvi) Building elevations (colored renderings) which detail the materials being Section 2.4(K)(3)(b): used; Sign Plan Requirements (xvii) Location and screening detail of roof top equipment; (xviii) Location and detail of signage providing all pertinent information Section 4.4: Exterior outlined in Section 2.4(K)(3)(b) as determined by the Community Lighting Development Department; (xix) Lighting location, style and mounting and light distribution plan; (xx) Project narrative; and City Code Title 11, Chapter 1: (xxi) Any other information that may be reasonably required by the City to Subdivision Code evaluate the application including but not limited to floor plans, building elevations, rendered drawings, and materials samples. (6) Review (a) Site Plan Review Criteria Recommendations and decisions on a Site Plan shall be based on consideration of the following criteria: (i) Whether the proposed development is consistent with all the requirements of this ordinance and the City Code; (ii) Whether the proposed development is in compliance with the applicable zoning district and overlay districts; (iii) Whether the proposed development is in compliance with other City approved planning documents (e.g. Downtown Revitalization Plan); and (iv) Whether the proposed development meets all the requirements or conditions of any applicable development approvals. City of Monticello Zoning Ordinance Page 39 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (b) Site Plan Review Process (i) Upon receiving a complete application for site plan review, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements. The Community Development Department may be assisted in conducting site plan reviews by representatives from other City departments or divisions. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(F)(6)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A notice of site plan approval shall be provided to the applicant that includes all conditions, comments, and recommendations. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(F)(6)(a) shall be denied by the Community Development Department. A notice of site plan denial shall be provided to the applicant that includes all identified reasons for denial. (7) Effect of Site Plan Approval (a) The approval of a site plan by the Community Development Department does not in any way guarantee future approval of other applications that may be required by the regulations of the City (e.g. a Building Permit, Certificate of Occupancy, subdivision approval, conditional use approval, etc). (b) A Site Plan approved by the Community Development Department, including any conditions, shall run with the land and shall not be affected by a change in ownership. (8) Subsequent Development Development authorized by a Site Plan approval shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable regulations. Such permits and approvals shall only be granted once all conditions of the site plan review and all relevant portions of this ordinance are met. (9) Time Limit (a) Unless otherwise specified in the Site Plan approval, an application for a Building Permit shall be applied for must receive approval within one year of the date of the Site Plan approval, otherwise the Site Plan shall become invalid. Permitted timeframes do not change with successive owners. Page 40 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause- (10) Amendments of an Approved Site Plan (a) Requested amendments that involve one of the following shall be reviewed as a new site plan application: (i) The density of the development is to be increased; (ii) The gross square footage of nonresidential buildings is to be increased or the number of stories is to be increased; (iii) Approved landscaping elements are to be modified; (iv) Required open space is to be modified; (v) Drainage, streets, or other engineering design changes will materially alter items approved in the Site Plan; and /or (vi) Major changes are proposed that could potentially create an adverse impact on stormwater quality, stormwater quantity management, or other stormwater management ordinance requirements. (b) Requested Site Plan amendments that do not fall into one of the categories outlined in Section 2.4(F)(10) above may be approved by the Community Development Department if it is determined that the requested change will NOT: (i) Substantially affect the terms of the original approval; and (ii) Result in significant adverse impacts on the surrounding properties or the City at- large. (c) If, in the opinion of the Community Development Department, a proposed change will substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the City at- large, then a re- submittal of a new site plan may be required pursuant to the provisions of this chapter. (11) Appeal Section 2.4(H): The applicant for a Site Plan review may appeal the decision of the Community Administrative Development Department to the Board of Adjustment and Appeals per Section Appeals 2.4(H). City of Monticello Zoning Ordinance Page 41 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (H) Standards for Site Landscaping • ; Use Type Required General Standards Single- family detached and 4.0 ACI of canopy trees OR Multi- family dwellings with 2.0 ACI of canopy trees + I evergreen tree less than five (5) units [5] [6] [7] Multi - Family Dwellings with 16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at five (5) or more units least 2 shrubs per each 10 feet of building perimeter, or as may be otherwise specified in the zoning district Civic & Institutional Uses 14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at least I shrubs per each 10 feet of building perimeter Office & Commercial Uses 10.0 ACI of canopy trees (including at least I evergreen tree) per acre + at least 2 shrubs per each 10 feet of building perimeter Industrial Uses 4.0 ACI of canopy trees (including at least I evergreen tree) per acre + at least I shrub per every 10 feet of a building wall facing a public right -of -way TN District lot standards (all plantings must be in the front or side yards, and all shrub and flower plantings must be in the front yard) IBC District lot standards District Specific Standards: 2.0 ACI of canopy trees + 2 ornamental trees OR 2.0 ACI of canopy trees + I evergreen tree; In addition to the above, each site shall provide 2 shrubs per each 10 feet of building perimeter + no less than I deciduous flower planting per 20 square feet of front yard area 10.0 ACI of canopy trees (including at least I evergreen tree) per acre + at least 2 shrubs per each 10 feet of building perimeter NOTE: ACI = Aggregate Caliper Inches [ I ]: See Table 5 -1, Uses By District. [2]: At least '/z of the required shrubs shall be of an evergreen variety. [3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches towards the total number of required canopy tree caliper inches. [4]: Credits towards required landscaping are available for the retention of non - specimen trees per the provisions of Section 4.2(D), Tree Preservation Incentives. [5]: Required landscaping trees shall be planted within the front yard. [6]: Lots in the T -N District shall not adhere to these standards, but instead to the specific standards listed elsewhere in Table 4 -4 and section 4.10)(2). [7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees OR 4.0 ACI of canopy trees + 2 evergreen trees) Page 2 1: City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection a) Zoning District Specific Landscaping Standards Figure 4 -4: Rooftop Screening System Examples Rooftop screening systems shall be subject to approval of the Community Development Department, and shall be of similar design to the examples shown here. Example "A" illustrates a metal louver A wall for general screening from below. Example "B" illustrates the use of lattice to even screen from above. The before and after photos provide further illustration of proper rooftop screening design. BEFORE AFTER �In r (,1) Zoning District Specific Landscaping Standards (1) Residential Amenities (RA) District Landscaping Requirements RESERVED (2) Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: (i) 4.0 caliper inches of canopy trees plus 2 ornamental trees or 2.0 caliper inches of canopy trees + 1 evergreen tree. (ii) No less than 1 shrub per 20 square feet of front yard area. General required site landscaping requirements are in Section 4.1(H). City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection a) Zoning District Speck Landscaping Standards (iii) No less than 1 deciduous flower planting per 20 square feet of front yard area. (b) No private driveway leading to a garage may be more than 18 feet in width at the front yard property line. (c) Lot area that is not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. (d) A landscaping plan must be approved by the Community Development Department prior to issuance of a building permit. (e) A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section. (3) CCD District Landscaping Requirements (a) No less than ten (10) percent of any parcel shall consist of landscaping, including plant materials, decorative paved surfaces, landscape structures, public art, water features, or other similar site improvements. This percentage shall not include required landscaping within parking lots or circulation areas, but may include pedestrian areas on private property. Tree and shrub planting shall be as required by the zoning ordinance, Section 4.1 (H), but may include trees planted within the public right of way abutting the property line toward meeting this replacement. (b) Landscaping within parking and circulation areas shall be as required by Section 4.1(F) of this ordinance. (c) All other landscaping requirements of Section 4.1 shall apply within the CCD. (4) Industrial and Business Campus (IBC) District Landscaping Requirements RESERVED City of Monticello Zoning Ordinance Page 217 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection a) District Regulations (6) Temporary signage may be located on a vacant parcel adjacent to a parcel occupied by an active and permitted principal use, when such properties are held in the same ownership. (,n 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 4.5Q)(1)(b) and 4.5Q)(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. (ii) Freestanding signs shall be limited to a maximum height of four (4) feet. (b) In addition to the sign allowed by Section 4.5Q)(1)(a) above, one (1) residential area identification sign shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. (c) Government buildings and structures, public, quasi - public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy -five (75) square feet in area and eight (8) feet in height. (2) Within business and industrial zoning districts (see table 3 -1), the following additional regulations shall apply: (a) Total Area of Signs The total area of all signs (with the exclusion of freestanding signs as may be allowed by this code) displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. (b) Freestanding Signs (i) Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty -two (22) feet. The Freeway Bonus Sign Overlay District allows for additional si,znaze in specific commercial and industrial areas L ection 3.7(G)1 Page 250 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection a) District Regulations (ii) If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. (iii) For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs may be constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty -five (25) feet in height and three hundred (300) square feet in area. (c) Wall, Canopy, or Marquee Signs (i) Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of Section 4.5(J)(2)(a). (ii) Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. (d) Directional signage In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage may be allowed on site in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet. (e) Multiple Occupancy Commercial And Industrial Buildings When a single principal building is devoted to two (2) or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements: (i) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 4.5(J). (ii) Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 4.5(J). City of Monticello Zoning Ordinance Page 251 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (D) Prohibited Uses Related to Off - street Parking (1) Required accessory off -street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods; or storage of inoperable vehicles and /or storage of snow. (2) For single family and two family dwellings, off - street parking in the rear yard is prohibited as illustrated in Figure 4 -11. (3) Except for temporary uses as permitted by Section 5.4 and trailers parking in a designated loading area, no vehicle may be parked and used for storage of items in any district. (E) Standards Applicable to All Uses (1) Location of Required Parking (a) Required accessory off -street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Section 4.8(G)(3). (b) Except for single, two- family, townhouse dwellings and parcels in the CCD, head -in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. (c) Except in the case of single, two- family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. (d) Except in the case of single, two- family, and townhouse dwellings and parcels in the CCD, parking area design which requires backing into the public street is prohibited. (e) All accessory off -street parking facilities required by this ordinance shall be located and restricted as follows: (i) For single family and two family dwellings, the part of a paved driveway within boulevard portion of the street right -of -way shall only be used for parking in a manner that does not block any public sidewalk or pathway. Page 258 City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section 5.2 Use- Specific Standards Subsection (D) Regulations for Civic and Institutional Uses (b) Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. (8) K -12 Schools (public or private): (a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. (c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4 -2, Buffer Type `B ") in accordance with section 4.1(G) of this ordinance. Section 4.1(F): (d) Adequate off -street parking and access is provided on the site or on lots Standards for directly abutting or directly across a public street or alley to the principal use Vehicular Use Area Landscaping in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1(F) of this ordinance. (e) Adequate off - street loading and service entrances are considered and satisfactorily provided in accordance with Section 4.9 of this ordinance. (f) Exterior lighting standards outlined in Section 4.4 of this ordinance shall be met. (g) If locating within an industrial zoning district: (vi) A specified termination date is documented. (vii) The proposed parcel has adequate improved parking to accommodate the student capacity. (viii) The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use. (9) Utilities (major) (a) An electrical power facility, substation, or transmission station as a principal use of property shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited. (b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in this ordinance. City of Monticello Zoning Ordinance Page 335 CHAPTERS: USE STANDARDS Section 5.2 Use- Specific Standards Subsection (F) Regulations for Commercial Uses (7) Brew Pubs (a) Brew Pubs shall be permitted in the CCD, B -3 and B -4 Districts provided that: (i) The brew pub sells 85% or more of its beer on -site. (ii) The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage tanks. (iii) Brewpubs may also sell beer for off -sale consumption in growler containers provided the conditions in Section 3 -18 -5 are met. (8) Commercial Lodging (a) All hotels and motels shall adhere to the following: (i) A hotel or motel shall have its principal frontage, access, and orientation direction on an arterial street or collector street. (ii) Vehicular access from a local residential street is prohibited. (iii) No more than one security or caretakers quarters may be provided on the site, and such quarters shall be integrated into the building's design. (b) In the CCD district, the following additional standards shall apply: (i) The principal building lot coverage is no less than fifty (50) percent of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces. (ii) The building, site, and signage meet the standards for the "CCD" district and design review is conducted by the Planning Commission. (iii) The proposed use demonstrates compatibility and consistency with the City's Comprehensive Plan and the Downtown Revitalization Plan. (9) Communications / Broadcasting Section 5.3: Accessory Use All communication antennas, antenna support structures and satellite dishes shall Standards adhere to the applicable accessory use requirements for such outlined in Section 5.3 of this ordinance. (10) Convenience Retail In the B -1 zoning district, the following conditions shall apply: (a) The site is adequately served by a collector street. (b) Access point to the site shall be limited to a collector street. City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section 5.2 Use - Specific Standards Subsection (F) Regulations for Commercial Uses (c) Conformity with the surrounding neighborhood is maintained. (d) Adequate screening and landscaping from neighborhood residential districts is provided in accordance with this ordinance. (e) Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. (f) The site shall conform to parking requirements as provided in this ordinance. (g) Building setback from residential uses must be 30 feet or greater. (h) Parking lot setback from residential uses must be 15 feet or greater. (i) The site shall conform to signage requirements as recommended by the City. At no time shall the signage exceed the requirements as provided in this ordinance. (j) The site shall conform to lighting requirements as provided in this ordinance. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. (1) In addition to the above requirements, if in the CCD, the following conditions shall apply: (i) Building architecture shall be designed to reflect retail street -level architecture as defined in the City's Comprehensive Plan, and detailed in the document "Embracing Downtown Monticello." (ii) Site planning shall maximize building exposure to the street. (iii) Drive - through facilities shall be located to minimize their exposure to the street. (iv) Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive - through functions shall be constructed of materials to match those of the principal building. (v) Site planning shall be designed to emphasize connections to pedestrian facilities. Page 342 City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section 5.2 Use - Specific Standards Subsection (F) Regulations for Commercial Uses (iii) Drive - through facilities shall be located to minimize their exposure to the street. (iv) Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive - through functions shall be constructed of materials to match those of the principal building. (v) Site planning shall be designed to emphasize connections to pedestrian facilities. (30) Vehicle Fuel Sales: (a) Regardless of whether the dispensing, sale, or offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (b) Wherever fuel pumps are to be installed, pump islands shall be installed. (c) All signing and informational or visual communication devices shall be Section 4.5: Signs minimized and shall be in compliance with Section 4.5 of this ordinance. (d) Provisions are made to control and reduce noise. (e) If in the CCD District, the following standards shall also apply: (i) The design of the site promotes pedestrian access adjacent to and along the property. (ii) No more than two (2) curb cuts of twenty -four (24) feet in width or less shall be permitted. (iii) Site lighting shall utilize fixtures similar in style to that designated by the City for use in public areas of the "CCD" district. (iv) The building, site, and signage meet the standards for the "CCD" district and design review is conducted by the Planning Commission. (v) The proposed use demonstrates compatibility and consistency with the City's Comprehensive Plan and the Downtown Revitalization Plan. (31) Vehicle Sales or Rental (a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5 -3. Page 352 City of Monticello Zoning Ordinance CHAPTERS: USE STANDARDS Section 5.2 Use- Specific Standards Subsection (F) Regulations for Commercial Uses < 2 acres 5% 2,500 square feet 2 acres >_ 4 acres 10% 10,000 square feet > 4 acres 15% 40,000 square feet Section 4.1(G): (b) When abutting a residential use, the property shall be screened with an opaque Standards for buffer (Table 4 -2, Buffer Type "D ") in accordance with section 4.1(G) of this Perimeter Buffers ordinance. (c) All lighting shall be in compliance with Section 4.4 of this ordinance. (d) The outside sales and display area shall be hard surfaced. (e) The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. (f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department. (g) There is a minimum lot area of twenty -two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (13 0) feet. (h) A drainage system subject to the approval of the Community Development Department shall be installed. (32) Veterinary Facilities (a) Treatment shall be limited to small household pets unless the facility is conditionally permitted as a rural veterinary facility. (b) In the CCD district, animals shall only be housed overnight if they are undergoing medical treatment or observation. Overnight boarding for non- medical reasons shall be prohibited. (c) The site shall be designed to prevent animal waste from being exposed to stormwater or entering the stormwater system, streams, lakes, or conveyances. If an area is provided for animals walking, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed of properly. City of Monticello Zoning Ordinance Page 353 CHAPTERS: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (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. All such structures must meet applicable building codes related to fire separation distance. (i) A side yard setback of twenty (20) feet shall be maintained from property 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. (c) Accessory structures shall not be located beyond the front building line established by the principal structure. (4) Maximum Height (a) Detached accessory buildings shall not exceed fifteen (15) feet in height except in the I -1 and I -2 districts. (b) No accessory structure shall exceed the height of the principal structure unless specifically allowed by this ordinance. (5) Maximum Number of Accessory Structures In all residential zoning districts, the following limitations on accessory structures shall apply: (a) No more than one (1) private, detached major accessory building may be erected for each dwelling; (b) No more than one (1) private, detached minor accessory building may be erected for each dwelling; Section 2.40): Conditional use (c) Additional major or minor accessory buildings may be erected if approved via Permits a conditional use permit pursuant to Section 2.4(D). City of Monticello Zoning Ordinance Page 367 CHAPTERS: USE STANDARDS Section 5.4 Temporary Uses Subsection (E) Specific Standards for Temporary Uses TABLE 5-6: TEMPORARY USES & STRUCTURES Temporary Requirements I Temporary Structure (cont.) Temporary Sign 40 days per year Yes Sec 4.5(1) 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 Farmer's Market Continuous; up to 5 months per year on Yes Sec 5.4(E)(8) a single site Garage /Yard Sale 4 days per event; 3 events total per No Sec 5.4(E)(9) calendar year Seasonal Sales 60 days per permit; 120 days per Yes Sec 5.4(E)(7) & calendar year maximum term Sec 5.40(1 1) Temporary Merchant See Title 3. Chapter 10 of City Code Wayside Stands See Title 3, Chapter 10 of City Code Special Events Special Events See Title 3, Chapter 10 of City Code (E) Specific Standards for Temporary Uses (1) Construction Dumpster (a) The placement of a temporary construction dumpster or other trash receptacle within a public right -of -way or other site owned by the City shall be subject to standards in the Monticello City code as may be applicable. (b) Temporary trash receptacles or dumpsters located outside public rights -of way are not required to obtain a temporary use permit, but shall comply with the following standards: (i) Be located to the side or the rear of the site, to the maximum extent practicable; (ii) Be located as far as possible from lots containing existing development; (iii) Not be located within a floodplain or otherwise obstruct drainage flow; (iv) Not be placed within five feet of a fire hydrant or within a required landscaping area; and (v) Be located outside of any required tree protection fencing and the dripline of existing trees. Page 394 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.2 Rules of Measurement Subsection (8) Lots The dashed lines in figure 8 -4 represent the required front yard setbacks. The width of a tot is determined by a straight line connecting the intersection points of the primary front yard setback and the adjacent side lot lines. In the case of Example "C" (a corner lot with two front yard setbacks), the width will be measured from the narrowest street lot line. required front yard setbacks (2) General Lot Requirements Figure 8 -5: Measuring Width width .width Example "A" Example "B" (a) Erection of More Than One Principal Structure on a Platted Lot Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding buildings under common ownership or unified control) shall not be issued unless the land is subdivided in accordance with the procedures and standards of this Ordinance. (b) Lots Divided By Zoning District Lines Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. (3) Required Yards (a) Definitions/Measurement (i) Accessory Structure Yard The minimum yard requirement between a lot line and an allowable accessory structure. Accessory structures may not be placed within front yards or corner side yards. (ii) Building Line (see Figure 8 -3) A line formed by the face of a building which is used to establish the yards around a building or structure. (iii) Build -to Line Example "C A line with which the majority of an exterior wall of a building is required to coincide. (iv) Right -of -Way (ROW) Page 420 City of Monticello Zoning Ordinance CHAPTERS.- RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots SCHOOL, K -12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non - profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF - STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. SEMIPUBLIC USE: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. City of Monticello Zoning Ordinance Page 457 CHAPTER 3 TREES AND SHRUBS SECTION: 8 -3 -1: Purpose 8 -3 -2: Prohibited Trees 8 -3 -3: Order to Treat or Remove 8 -3 -4: Regulations for Planting in Public Places 8 -3 -5: Requirements Applicable to Trees in New Subdivisions 8 -3 -6: Shade Tree Disease and Insect Control 8 -3 -7: Abuse or Mutilation 8 -3 -1: PURPOSE: It is the purpose of this chapter to protect and promote the public health, safety, and general welfare of the people of the city by regulating the planting and maintenance of trees in order to protect trees and to prevent and abate hazardous and nuisance conditions within the city. 8 -3 -2: PROHIBITED TREES: It is lawful to plant only the Vanguard Elm species of elm trees within the city limits. The Vanguard Elm is a Dutch Elm Disease resistant tree. ( #29, 5/9/77) ( #495, 1/26/09) 8 -3 -3: ORDER TO TREAT OR REMOVE: The City may order the trimming, treatment, or removal of trees or plants upon public or private property when they shall determine that such action is necessary to the public safety or necessary to prevent the spread of disease or of insects harmful to trees and shrubs. 8 -3 -4: REGULATIONS FOR PLANTING IN PUBLIC PLACES: (A) No tree shall be planted or placed on public property or right -of -way without the approval of the City Engineer. (B) Permits: 1. No person shall plant or remove trees or shrubs in public places without first filling out an application and obtaining a permit from the City. 2. The following provisions apply to the issuance of permits where required for planting in public places: (a) Application Data: The application required herein shall state the number of trees or plants to be planted or set MONTICELLO CITY ORDINANCE TITLE III /CHAPT 3 out, the location, and specific name of each tree or plant. (b) Standards for Issuance: A permit shall be issued if it is found that the proposed plantings will be in the best interest of the community. 8 -3 -5: REQUIREMENTS APPLICABLE TO TREES IN NEW SUBDIVISIONS: (A) In new subdivisions, on lots with frontage on a single right -of -way, it is required that two (2) trees be planted per platted lot if no trees are in existence. For lots with frontage on more than one right -of -way, it is required that four (4) trees be planted per platted lot if no trees are in existence. Two (2) trees must be planted in the boulevard adjoining each yard having street frontage. ( #287, 3/24/97) ( #267, 3/27/95) (B) In subdivision plantings, not less than two (2) or more than three (3) species of trees shall be planted in any block, and neither less than twenty percent (20 %) nor more than fifty percent (50 %) of the total trees planted in a block may be of the same species. Only trees listed in Section 8 -3 -2 of this chapter shall be planted (C) Required trees shall be planted in the boulevard at a location ranging from 4 ft. to 10 ft from the curb. Precise location within this range to be determined by the City. ( #287, 3/24/97) ( #267, 3/27/95) (D) Required subdivision trees must have a trunk diameter of at least two inches (2 ") at one foot (1') above the ground. (E) Required subdivision trees must be protected and supported by tree guards of approved type. (F) No required subdivision tree shall be planted in soil too poor to ensure the growth of such tree unless twenty -seven (27) cubic feet (3'x3'x3') of soil is removed and replaced with suitable loam. 8 -3 -6: SHADE TREE DISEASE AND INSECT CONTROL: (A) Forester Duties: The powers and duties of the City Forester as set forth in this code are hereby conferred upon the Park Inspector. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Shade Tree disease. He shall recommend to the Council the details of a program for the control of Shade Tree disease MONTICELLO CITY ORDINANCE TITLE III/CHAPT 3 2 and perform the duties incident to such a program adopted by the Council. ( #495, 1/26/09) (B) Program: It is the intention of the Council of Monticello to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm disease fungus, elm bark beetles, oak wilt and Emerald Ash Borer and is undertaken at the recommendation of the Commissioner of Agriculture and the Council in the conduct of this program. ( #495, 1/26/09) (C) Nuisance Declared: The prevention, control and abatement of Dutch Elm disease and Oak Wilt disease and Emerald Ash Borer insect is necessary for the protection, preservation and conservation of public and private lands and the investment and benefit therein, and to protect and promote the general welfare of the public and this community Therefore, the following conditions are hereby found and declared to be a public nuisance wherever they exist in the City of Monticello. 1. Any living or dead Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Certatocystits ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichhh) or Hylugropinus rufipes (Marsh). 2. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood, or other Elm material from which the bark has not been removed or burned. 3. Any living or dead oak tree or part thereof infected to any degree with the oak wilt fungus (ceratocytis fagacearum). 4. Any living or dead Fraxinus spp tree or part thereof infected to any degree with the insect Emerald Ash Borer (Agrilus Planipennix). ( #495, 1/26/09) (D) Prohibition. It is unlawful for any person to permit any public nuisance as defined in (C) 1, 2, 3 and 4 to remain on any premises owned or controlled by such person within the City of Monticello. Such nuisances may be abated in the manner prescribed by this Chapter. ( #495, 1/26/09) (E) Inspection and Investigation: The Forester shall inspect all premises and places within the city as often as practicable to determine whether any condition declared in (C) to be a public nuisance exists thereon. All reported MONTICELLO CITY ORDINANCE TITLE III /CHAPT 3 3 incidents of infestation of Dutch Elm fungus, the presence of elm bark beetles, of infection by the oak wilt fungus or the presence of Emerald Ash borer shall be promptly investigated. ( #495, 1/26/09) (F) Entry on Private Premises: The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this chapter. (G) Diagnosis: The Forester shall, upon finding conditions indicating Dutch Elm disease or other infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in (J), no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. ( #495, 1/26/09) (H) Abatement Generally: No action to remove, destroy and dispose or require the removal, destruction and disposal of elm trees, wood infected with Dutch Elm fungus, oak trees infected by oak wilt fungus or Fraxinus spp (ash) trees or Fraxinus spp (ash) wood harboring Emerald Ash Borer shall be taken until a reasonably certain diagnosis of the disease has been made. When such reasonably certain diagnosis has been made, the infected tree or wood shall be removed, destroyed and disposed of in a manner which will effectively destroy and prevent as fully as possible the spread of the Dutch Elm or oak wilt disease fungus, or the spread of Emerald Ash Borer populations. 1. Presence of Elm Bark Beetles or Emerald Ash Borer: When the presence of elm bark beetles has been discovered in or upon any living elm tree but the presence of Dutch Elm disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the elm bark beetle. When the presence of Emerald Ash Borer has been discovered in or upon a living Fraxinus (ash) tree, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the Emerald Ash Borer. If such treatment is not or, because of the extent of infestation, cannot be effective, the tree shall be removed, destroyed and disposed of 2. Dead Elm or Fraxinus (ash) Trees, Logs, Stumps, etc.: Standing dead elm trees, elm logs, branches, stumps, firewood or other raw material from which the bark has not been removed and which are not infected with Dutch Elm disease fungus, shall have the bark removed, destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle or the Emerald Ash Borer. If such treatment is not effective, or, because of the extent of infestation, cannot be effective, MONTICELLO CITY ORDINANCE TITLE III/CHAPT 3 4 the trees, logs, branches, stumps, firewood or other raw elm material shall be removed, destroyed and disposed of 3. Specifications and Procedures: The City Forester shall establish specifications and procedures for the removal, destruction and disposal of trees and wood infected with Dutch Elm disease fungus, Oak Wilt fungus or Emerald Ash Borer for treating live elm or Fraxinus (ash) tree infested with elm bark beetles or Emerald Ash Borers, and for removing, destroying and disposing of elm or Fraxinus (ash) trees, logs, branches, stumps, firewood and other raw elm material. Such specifications and procedures shall be consistent with current specifications and procedures designated or approved by the Commissioner of Agriculture. ( #495, 1/26/09) (I) Abatement on Private or Government Property: Whenever a nuisance as defined in (C) is found to exist on private property outside any public way in the city, or upon property owned and controlled by a governmental unit other than the city, the owner or person in control of such property shall be notified in writing by registered mail or by personal delivery, that such condition exists. The notice shall also state that if such nuisance is not abated by the owner or person in control of such property within twenty (20) days after receipt of such notice, in the manner prescribed by the City Forester, the city by and through its City Council may enter upon the premises and abate the nuisance. If the owner or person in control of any private premises upon which such a nuisance exists does not abate or eliminate the same within twenty (20) days after receipt of notification, the City Council, its officers, employees and agents shall proceed to have such nuisance properly abated or eliminated. ( #495, 1/26/09) (J) Abatement on City Property: Nuisances as defined in (C) which exist upon property owned or controlled by the city, including public street right of way, shall be abated or eliminated by the City Council forthwith in accordance with established specifications and procedures. ( #495, 1/26/09) (K) Cost of Abatement: If, pursuant to section (I), the City Council orders the removal or abatement of such nuisance, the City Forester shall report the cost of the removal or abatement to the Council and the expense thereof plus an amount determined by the City Council to reimburse the City for its cost of inspection and eradication shall be assessed by the Council upon the lot or lots on which the nuisance was located, notice being first given by publication in the official paper of the time and place that such assessment shall be made. The assessment procedure shall be as prescribed by Minnesota Statutes Section 429.101 and said assessment shall be a lien on the MONTICELLO CITY ORDINANCE TITLE III/CHAPT 3 lot or lots and shall be returned and collected in the same manner as other city taxes. ( #492, 1/26/09) (L) Procedures for Removal of Infected Trees and Wood: Whenever the forester finds with reasonable certainty that infestation defined in (C) exists in any tree or wood in any public or private place in the city, he shall proceed as follows: (a) If the forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or (2) abating the nuisance as provided in 2 of this section. (b) If the forester finds that danger of infestation of other elm trees is imminent, he shall notify the property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The forester shall immediately report such action to the Council; and after the expiration of the time limited by the notice, he may abate the nuisance. 2. Upon receipt of the forester's report required by 1, part (a), the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once not less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. 3. The forester shall keep a record of the costs of abatements done under this section and shall report monthly to the City Clerk all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each. 4. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may MONTICELLO CITY ORDINANCE TITLE III/CHAPT 3 6 then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Section 420.101, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. The City Council of Monticello has determined that the health of the trees within the municipal limits is threatened by a fatal disease known as Dutch Elm disease, oak wilt or Emerald Ash Borer. It has further determined that the loss of these trees growing upon public and private property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare, and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of this disease, and this ordinance is being enacted for that purpose. It is declared to be the intention of the Council to establish a policy for sharing the cost of abatement of shade tree disease nuisance with the property owners. If the City is contracted for the tree removal, a credit of half (1/2) the cost of removal up to $225 per tree will be given with the property owner responsible for the remaining cost of removal plus sales tax. ( #495, 1/26/09) (M) Spraying Elm Trees: Whenever the forester determines that any elm tree or elm wood within the city is infected with Dutch Elm fungus, he may spray all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. (N) Transporting Elm Wood Prohibited: It is unlawful for any person to transport within the city any bark - bearing elm wood without having obtained a permit from the forester. The forester shall grant permits only when the purposes of the chapter will be served thereby. (0) Interference Prohibited: No person shall prevent, delay, or interfere with the forester or his agents while they are engaged in the performance of duties imposed by this chapter. 8 -3 -7: ABUSE OR MUTILIATION: No person shall (A) damage, cut, carve, kill, or injure the bark of any tree or plant on any public property; (B) attach any rope, wire, or other contrivance to any tree or plant on public property; (C) dig in or otherwise disturb public grass areas, or in any other way injure or impair the natural beauty or usefulness of any area or public property; (D) cause or permit any wire charged with electricity or any gaseous, liquid, or solid substance harmful to trees or plants to come in contact with them. MONTICELLO CITY ORDINANCE TITLE III /CHAPT 3 7 ____m Zoning Ordinance Proposed Amendments January 3rd, 2017 Chapter 2, Section 4(F) –Site Plan Applications Relates to review of permitted uses for compliance with code requirements Site plan applications not identified within state statutes for municipal planning Language be adjusted to “submittal” versus application Review occurs with the building permit, or in advance at the discretion of the submitter, but prior to building permit issuance Chapter 4, Section 1(H) –Standards for Site Landscaping Table 4-4, item [5] amended to require tree plantings within the boulevard Consistent with City Ordinance 8-3, Trees and Shrubs Requirement for “Single-family Detached and Multi-Family Dwellings with Less than 5 Units” and the “TN District” restricted to canopy tree plantings, no evergreen plantings allowed due to site line issues in front yard areas TN District requirements stricken in favor of a simple reference to the district requirements; same for CCD and IBC District -eliminates duplication and chance for error with any future amendment Proposed Amendment Chapter 4, Section 1(J) –Zoning District Specific Landscaping Standards Regulations for the “T-N” District amended to provide consistency between table requirements and the language in the section relating to front and side yard planting requirements Evergreen option deleted for the TN District given site line issues in front yards Proposed Amendment: (2)Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: (i) 4.0 caliper inches of canopy trees plus 2 ornamental trees or 2.0 caliper inches of canopy trees + 1 evergreen tree. Trees may be planted in front or side yard. Chapter 4, Section 5(J) –District Regulations Proposed amendments to avoid content-based regulation associated with “identification” or “directional” signs. The language in the section has been amended to keep current sign allowances in terms of number and size and/or to maintain consistency with other terms in code “Monument”: 14’ height, 100 square feet in area Regulation is to time, place and manner Allowances for residential monuments have been clarified to indicate the location and timing of the construction of such monuments. Civic and institutional allowances also amended to eliminate identification reference The code section for “Directional Signs” is proposed to be stricken in its entirety, with the existing language inserted into the provisions for free-standing signs. Manner regulations for height and display limitations as well as location (setback) regulations also proposed. (1) Within residential zoning districts (see table 3-1), the following additional regulations apply: (b)In addition to the sign allowed by Section 4.5(J)(1)(a) above, residential uses shall be allowed one (1)residential area identification monument sign per collector or arterial street access.Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height meet the requirements of this ordinance and shall be constructed at the time of plat or phased plat development adjacent to the collector or arterial access. (c)Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues Civic and institutional uses shall be allowed two (2)monument institutional identification signs per lot meeting the requirements of this ordinance. not exceeding seventy-five (75) square feet in area and eight (8) feet in height. (2)Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply: (b)Freestanding Signs (i)Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty-two (22) feet. (ii)If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. (iii)In addition to the sign allowed by sections (i) and (ii) above, additional signage may be allowed per lot in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet.Such signage shall not exceed three (3) feet in height.Signage shall be setback at least 6’ from adjacent property lines and shall not be located within a public right of way or easement without a license agreement approved by the City Council. Such signs may not include changeable copy or dynamic displays . (iv)For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs maybe constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed.When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty-five (25) feet in height and three hundred (300) square feet in area. (d) Directional signage In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage may be allowed on site in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet. Proposed Amendment: Chapter 4, Section 8(E) –Standards Applicable to All Uses Subsection (1) Location of Required Parking amended to include a specific prohibition for parking on unimproved surfaces except as may be specifically allowed by the ordinance. Proposed Amendment: (1) Location of Required Parking (f) All parking must occur on a paved surface except as may be permitted by this ordinance. Chapter 4, Section 8(E) –Standards Applicable to All Uses & Chapter 8, Section 4(B) -Definitions Add the qualifier “Pre-“ to the current text regulation for “K-12 Educational Institutions” Corresponding change to Table 5-1 -Uses by District Amendment to Definitions section of the ordinance. Reflects the shift to include preschool and early childhood education within many educational institutions Conformance with all required building codes has been added as a clarification, as existing facilities may require building modifications to accommodate the early childhood function Proposed Amendment: (8)Pre-K-12 Schools (public or private): (h) Buildings and structures must comply with building code requirements as adopted by the City of Monticello. Chapter 5, Section 2(F) –Regulations for Commercial Uses Standards for “Convenience Retail” proposed to allow convenience retail beyond the hours noted (6 AM –9 PM) by conditional use permit. Conditions evaluated would relate to site-specific mitigation of land use impacts beyond noted hours; vehicle fuel sales allowed to be combined with this use currently Proposed Amendment: (10) Convenience Retail(k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m., except as may be approved by conditional use permit. Table 5-4 of subsection (31) relating to minimum building size for vehicle sales/rental uses has been corrected to eliminate confusion in the 2-4 acre range with removal of graphic elements in favor of language references Proposed Amendment: (31) Vehicle Sales or Rental TABLE 5-3: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES Parcel Size Lot Coverage Percent *Minimum Building Size * Less than 2 acres 5%2,500 square feet 2 acres to 4 acres 10%10,000 square feet Greater than 4 acres 15%40,000 square feet * Whichever requires the larger building Chapter 5, Section 3(B) –General Standards and Limitations for Accessory Uses and Structures Chapter 5, Section 3(B)(3)(c) amendment more clearly describes the type of accessory structures being regulated and the location of such structures Detached accessory structures may be located in side yards and rear yards; must be behind front line of principal structure An exception added to 5.3(B)(3)(a) for commercial canopies and signs, which are subject to specific use regulations within the code Proposed Amendment: (2) Location of Accessory Uses or Structures (c)Detached accessory structures shall not be located beyond the front building line established by the principal structure, with the exception of commercial canopies and signs, which must adhere to the regulations of this ordinance. Chapter 5, Section 4(E) -Specific Standards for Temporary Uses In amending the Temporary Sign regulations earlier in 2016, the reference in the Temporary Use table inadvertently missed in the amendments Proposed amendment is consistent with Chapter 4, Section 5 language for temporary sign duration at 120 days per calendar year. Proposed Amendment: TABLE 5-6: TEMPORARY USES & STRUCTURES Temporary Use or Structure Allowable Duration (per site)Permit(s) Required Additional Requirements Temporary Structure (cont.) Temporary Sign 40 120 days per year Yes Sec 4.5(I) Chapter 8, Section 2(B) –Lots Consistent with prior amendment to Chapter 5, Section 3, DETACHED accessory structures may be allowed in side yards, if they are behind the front line of the principal structure and meet the other requirements of Chapter 5, Section 3(B)(3) Proposed Amendment: (3) Required Yards (a) Definitions/Measurement (i) Accessory Structure Yard The minimum yard requirement between a lot line and an allowable accessory structure. Detached accessory structures may not be placed within front yards or corner side yards. Recommendation Adopt Resolution #PC-2017-002 The amendments meet the criteria outlined for consideration: The proposed amendment(s) correct errors in the original text The proposed amendment(s) address needs arising from a changing condition, trend, or fact The proposed amendments provide for more clear and consistent administration of the zoning ordinance in support of the goals and objectives outlined in the comprehensive plan Planning Commission Agenda — 01/03/2017 3A. Consideration of a review of the Special Use Overlay District. (NAC) Planning Case Number: Associated with 2011 -002 A. REFERENCE & BACKGROUND Project Description: Review the status and applicability of the Special Use Overlay District, and recommend updates to the ordinance and /or map as necessary. ANALYSIS In 2011, the City conducted an extensive analysis of its adult use regulations, and how those regulations were meeting, or not meeting, the City's objectives in protecting sensitive uses from the potential location of adult- oriented businesses. The City updated this process in 2014, looking again at the eligible parcels and re- adopting a map that identified the possible locations for these businesses. The approach taken in the revised regulations was to identify specific parcels in the City that would be subject to the overlay district. The identified parcels were chosen based on their lack of proximity to residential property, schools, parks, day care facilities, and other uses that held the potential for being negatively impacted by an abutting adult- oriented use. The parcels chosen all had underlying zoning designations of industrial. Finally, the City chose to exclude parcels that had frontage on Interstate 94, based on economic development considerations. The original 2011 map identified 43 parcels totaling 164 acres as potentially eligible. The City further reduced the parcel count in the 2014 update by eliminating a large undeveloped parcel in the City's Otter Creek industrial park, as well as several smaller parcels in or near commercial areas in the Oakwood industrial area. The resulting map identifies 28 parcels totaling 108 acres that would be designated for the Special Use Overlay District. This results in an eligibility area of 2.3 percent of the City's overall acreage, and about 3.4 percent of the commercial /industrial land. In reviewing zoning and land use activity in the past few years since the last update, staff undertook an analysis of any land use changes that would impact the original assumptions made when the regulations were adopted. In addition, we reviewed subdivisions and other related actions that would affect parcel count or size within the mapped overlay district. In an active development period, it would be expected that changes to residential development and annexation would impact the proximity analysis and /or the percentage coverage calculation. In fact, however, just one annexation involving industrial land (the Xcel substation annexation), occurred during the period, adding 10 acres to the City's total area and industrial land inventory. Along with the Xcel Planning Commission Agenda — 01/03/2017 annexation (and related plat), only the Dahlheimer plat (which combined land) affected industrial land overall, and only the latter impacted land within the overlay district. The Dahlheimer plat resulted in no net change to the overlay district, since it reconfigured the parcels to accommodate expansion, but did not change the total acreage or number of parcels. In reviewing other land use activities in and around the Special Use Overlay District, there are no apparent changes that would impact the map or the ordinance objectives. As a result, the current map appears to continue to meet the expectations identified by the original ordinance. With the minimal changes since 2014, the current count of 28 parcels encompassing 108 acres is consistent with the ordinance intent. B. ALTERNATIVE ACTIONS No action is necessary at this time. The purpose of this analysis was to examine the currency of the City's adult- oriented business regulatory requirements, in order to ensure that they continue to meet City objectives and legal requirements. The City Attorney has reviewed this analysis and has no further comment. C. STAFF RECOMMENDATION Staff recommends no changes to the ordinance or zoning map. D. SUPPORTING DATA A. 2011 Staff Report B. 2014 Update Map C. Monticello Zoning Ordinance, Excerpt D. Official Zoning Map 2 City Council Agenda — 4/25/11 11. Consideration of adopting Resolution 2011 -24 and Ordinance #528 amending the Monticello Zoning Ordinance relating to Adult- Oriented Land Uses and amendments to the official Monticello Zoning Map. Applicant: City of Monticello. (NAC) A. REFERENCE AND BACKGROUND At its April 5th, 2011 meeting, the Monticello Planning Commission continued its examination of the City's adult- oriented use regulations in the zoning ordinance. The Commission's initial discussions preceding the April meeting included an extensive study of options for regulating these uses, and how the City's regulations — originally adopted in the mid -1990s — were no longer adequate to protect the City from a legal challenge. As identified in that study, the City's current regulations restrict adult - oriented land uses to the I -2 zoning district. As the City has grown over the years, combined with changes to the land uses around and within the I -2 district, the remaining land available to such uses falls short of what is commonly considered an acceptable level to avoid interfering with free expression opportunities. The City Attorney's has office provided an updated summary of cases decided since the Washington (City of Renton v. Playtime Theatres) Supreme Court case, which established the original basis for regulation. Out of that summary, the Planning Commission considered two options for updating its ordinance: (1) "Buffer- Percentage Approach ": increasing the available area through a change to the buffer distances in both the I -1 and I -2 District (2) "Overlay District Approach ": establishment of an overlay district that would apply to specific parcels in a quantity adequate to provide a reasonably sound balance between regulation and opportunity for the location of adult uses. There was no public comment made during the public hearing. After consideration, the Planning Commission voted 4 -1 to recommend an amendment to the Zoning Ordinance following the "Overlay District Approach ", option (2) above. Staff supports this option as being the easiest to administer and monitor over the long term, the least intrusive to existing property owners, and likely the most stable as the City grows outward in population and area. City Council Agenda — 4/25/11 Attached to this report is a proposed map identifying the parcels that would be subject to the overlay district, along with an ordinance establishing the amendments, and finally, a resolution that proposes findings of fact in support of the ordinance. The IEDC and the EDA have both had an opportunity to review and comment on the draft amendments as proposed. Both support approval as written. Only a few changes have been made to this final draft of the overlay district, reflecting the Planning Commission's interest in maximizing the protection of the various sensitive uses, and reflecting a final resolution of the property lines and ownership patterns. These changes are as follows: (1) A reduction in the number of total available parcels from 43 in the material first considered by the Planning Commission to a mapped total of 39 parcels — still within the reasonable opportunity identified in the court decisions provided by the City Attorney. (2) The reduction of 4 parcels reduces the overall supply of land from 164 acres to 159 acres. (3) A resulting reduction in the percentage of available land from 3.5% to 3.4 %. The City Council has also been provided with amendment language and a map for the "Buffer- Percentage Approach" for reference, although this amendment option is not the recommended alternative. To follow is a staff report reviewing the two approaches, which was presented to the Planning Commission on April 5th, 2011. The City has been examining the potential for updating and amending its adult - oriented use regulations. As a part of previous review, the Planning Commission has considered how such regulations are viewed from both a land use and legal perspective, and the types of changes that should be considered to bring Monticello's regulations into conformance with generally accepted requirements for regulations of this kind. To highlight the current condition, the City's existing regulations limit adult - oriented uses to the I -2 District, and maintain a 700 foot buffer from sensitive uses. As applied to the City's I -2 areas, these uses are exclusively schools, parks, and residential zones. The code provides for other sensitive uses, but there are none of those other uses near the I -2 district properties. This limitation has left the City with an "opportunity area" in the range of just one percent of the City's 2 City Council Agenda — 4/25/11 usable land area, and just a few eligible parcels— a range that raises significant concerns over the legality of the regulations. For reference, the usable land area of the City has been calculated as the total gross acreage, subtracting all Federal, State, and County highway right -of -way, and subtracting also the land owned by the Xcel Energy power plant, since it is largely covered by a buffer zone that would make it ineligible for private development. For tracking purposes, staff has calculated the usable acreage currently zoned for commercial and /or industrial purposes — a total of about 2,190 acres, approximately 48% of the usable total. Many of the cities cited by the City Attorney that had percentage areas significantly less than five percent also were identified as having particularly low percentages of commercial and industrial land uses overall. This is not necessarily the case for Monticello. The approach taken by most communities subsequent to the U.S. Supreme Court's 1986 ruling in City of Renton [Washington] v. Playtime Theatres was to devise regulations that separated adult- oriented uses from those areas where sensitive populations might be present (most notably residential, schools, libraries, parks, and similar uses). Cities have endeavored to maximize the separation distance from these uses, while retaining an opportunity for adult - oriented uses to locate in the community, by providing an opportunity area of approximately 5% of the city's land area. The Renton Court ruled that such regulations did not directly regulate speech (which would be protected under First Amendment limitations), but instead regulated the secondary effects of the adult- oriented use on other sensitive land uses. In this analysis, so long as the City's regulations provided a reasonable opportunity for such uses to locate in the community, the regulations could be considered legitimate. In the City Attorney's analysis, it is noted that the 5% informal threshold has virtually always served as adequate evidence of "reasonable opportunity ". Below this level, a number of communities have been able to defend the constitutionality of their regulations by showing that a reasonable opportunity was available, even though the informally recognized 5% threshold might not be met. In most of those cases, the city's regulations provided the opportunity for several parcels to be used for such businesses, relying on the number of actual parcels, rather than the percentage of total area. The City Attorney notes that each of these cases succeeded on specific factual scenarios. The Attorney further notes that when the city's regulations limited the opportunity area to less than 1 %, the cases tended to turn out unfavorably for the city. City Council Agenda — 4/25/11 The Planning Commission has directed staff to examine opportunities to maximize the separation distance within the parameters supported by the City's legal representatives. As a part of this study, staff examined a number of options aimed at meeting the objectives of the Planning Commission, as well as maximizing the "defensibility" of the proposed regulations. This report forwards two of those options as the most effective choices for consideration. These are summarized below, and a draft set of regulations is attached. "Buffer Percentage Approach" - Percentage Threshold The first option utilizes the traditional 5% threshold approach. While this approach creates a potential for more eligible land than the second option, the Attorney's report highlights that it is likely the "safest" approach, in regard to being able to defend the City's ordinance from a legal challenge. With a 275 foot buffer from sensitive uses, the current land use pattern would yield about 236 acres, or 5.07% of the City's net usable land area to the potential for adult uses. To follow this approach, the City would need to make the following changes: Amend the I -1, Light Industrial District to add adult- oriented uses as a permitted use, with the same conditions in the I -2 district. 2. Amend the regulations to provide that no parcel with frontage on I -94 would be eligible for an adult- oriented use. This amendment is intended to avoid the highest profile properties advertising such activities to the passing public. 3. Change the regulations to provide for a buffer distance of 275 linear feet, reduced from the current 700 feet. 4. Retain all other regulations as currently adopted. One difficulty here is that we have assumed that the City will not want adult - oriented uses abutting the freeway, and have calculated the opportunity area with this assumption. The issue is that the freeway is not really a "sensitive use" that would be subject to the negative secondary effects of adult- oriented uses. Asa result, applying the normal "buffer" distance is not appropriate. To resolve this problem, an additional restriction would need to be added to the I -1 District entry related to adult- oriented uses that specifically prohibits their location on freeway - abutting parcels as a basic zoning restriction, separate from the "buffering" approach. Further, to accomplish this, the City Attorney's preferred approach would be to actually create separate zoning districts, rather than try and exclude certain uses within the limits of a zoning district. Essentially, the City would need to City Council Agenda — 4/25/11 restructure its current two Industrial Districts into three districts. In short, task 2 above would be divided into the following subtasks: a. Create a new "I -3, Freeway Industrial District" which mirrors the uses in the original I -1, with no adult- oriented uses. b. Rezone properties with freeway exposure to the I -3 District (which has the effect of leafing them in the same position they are now). This is the preferred approach of the City Attorney's office. Staff was concerned that the creation of a new base zoning district, changes to the current base district, and rezoning of several parcels would be confusing to the property owners, and cumbersome to administer. As a result, a second option was developed that relies on the "number of eligible adult- oriented parcels" approach which has been upheld in some of the cases cited by the Attorney. That option is described below. "Overlay District Approach" - Number of Parcels This approach essentially creates a buffer of variable distance by establishing an ordinance that allows adult- oriented uses only on parcels that don't abut sensitive use parcels, overlaying portions of both the I -1 and I -2 Districts. Thus, the I -1 and I -2 Districts would provide for the opportunity for adult- oriented use on parcels that do not share a common property line with parcels zoned or used for residential, school, or park In addition, the overlay district would be applied only to those parcels that rely on internal street access, and do not have exposure to the interstate freeway. The net result of this approach would be a percentage of about 3.5% of the City's total area, a total of as many as 43 separate parcels available, and about 164 acres of available land area. This would be out of about 4,680 buildable acres in the City, of which about 2,560 acres of are currently zoned commercial or industrial. The net effect of this approach is a slight reduction in the percentage area, although still about 3.5 %. It also has the effect of increasing the buffer in most areas, since it follows property lines rather than a fixed distance. It is staff s opinion that while the percentage drops below the 5% target threshold, the number of available parcels provides for a reasonable opportunity for adult - oriented uses while balancing the City's interest in protecting the sensitive land uses from the secondary effects of those uses. As noted, the separation distances vary, since they are dependent on location of property lines. The following table shows the least separation distance to various land use types: 5 City Council Agenda — 4/25/11 Land Use Single Family Residential istance 394 ft. Location Groveland Subdivision at Chelsea Road Multiple Family Residential 271 ft. Golden Eagle Lane (340 ft. to bldg.) Public Park 493 ft. Bertram Lakes near Chelsea Road Public School ft 698 . Z corner of Little Mountain at Fallon The City Attorney's office endorses this approach as being consistent with cases where restrictions have been successfully defended. The primary concern in this regard is that the parcels chosen for inclusion do not create a concern over "spot zoning ". This means that the City must be careful to create regulations that permit such uses in larger blocks of land area, rather than a series of scattered, detached parcels that may suggest incompatible land use patterns. Steps to accomplish this approach are somewhat problematic, since the City would have to map a specific area, rather than just rely on a buffer distance to define the potential area. Moreover, this approach would not change over time — a benefit in that it is more predictable, but potentially negative if the City does not monitor the introduction of new uses — such as a commercial daycare operation — into the district. To implement this approach, the City would need to do the following: Remove adult- oriented uses as a permitted use from the I -2 base district language. 2. Amend the current adult use regulations to stand alone as a separate overlay zoning district, with the chosen overlay district title. 3. Map and adopt the overlay district for the designated area. While the changes to the current ordinance are somewhat more extensive (due to the creation of the overlay district, and transfer of the adult - oriented use language into that section from its current locations), this approach ends up being least disruptive to current property owners. The permitted uses of the base district do not change significantly, and properties would not need to be rezoned to reflect district language changes. It should be noted that with adoption of either ordinance amendment alternative, Interim Ordinance 9524 will be automatically repealed. rol City Council Agenda — 4/25/11 B. ALTERNATIVE ACTIONS. The Planning Commission recommends alternative 1 below. Decision 1: Amendment to the Zoning Ordinance for Adult- Oriented Land Uses Motion to approve Resolution 2011 -24, and to approve Ordinance Amendment 9528, an amendment to the Monticello Zoning Ordinance for Adult- Oriented Land Uses and an amendment to the Official Monticello Zoning Map based on the "Overlay District '' - Number of Parcels approach with amendments to create a "Special Use" overlay zoning district and changes to the Official Monticello Zoning Map as noted in this report. 2. Motion to approve the "Buffer- Percentage Threshold" approach with a 275 foot buffer zone, addition of adult- oriented uses to the I -1 District, and other amendments as noted in this report. A motion to approve the "percentage threshold" approach will require the preparation of a new resolution with findings of fact to support such approval. This resolution would then be presented for approval at a subsequent Council meeting. 3. Motion to deny Resolution 2011- and Ordinance 9528, an amendment to the Zoning Ordinance related to Adult- Oriented Land Uses and an amendment to the Official Monticello Zoning Map. C. STAFF RECOMMENDATION. Staff recommends amendments to the City's adult- oriented use regulations, due to the concerns that the current regulations, including the 700 foot buffer, limitation of adult uses to the I -2 District only, and the changes to the City's land use pattern over time have resulted in overly restrictive regulations of such uses, leading to the possibility that the restrictions might be subject to legal challenge. Consistent with the Planning Commission, staff recommends the second "Overlay District" approach — effectively creating a buffer by mapping a specific set of parcels that ensures no adult- oriented use could be located on a parcel that abuts a sensitive use area, and also ensures that no freeway frontage would be used for such businesses. This option provides for more than 40 individual parcels, approximately 3.5% of the City's land area. It requires the creation of an overlay district to map the allowable area. Staff prefers the "overlay district" approach for the following reasons: 7 City Council Agenda — 4/25/11 • It avoids reconfiguring and rezoning base districts for existing industrial properties. • It maintains a reasonable amount of opportunity (3.5% of area, and more than 40 individual parcels). • It avoids freeway exposure, preserving that for higher uses, consistent with the City's economic development interests. • It maintains a better separation from nearly all existing sensitive use locations. • The overlay approach can be more easily manipulated in the future to maintain reasonable opportunity and adjust for changing land use patterns. Either approach is supported by the City Attorney's office. Under either amendment option, staff would recommend routine monitoring of the adult- oriented use opportunity area. Changes in land use pattern, business location, and many other factors can affect the enforceability of the City's regulations over time. D. SUPPORTING DATA A. Ordinance Amendment 9528 — Recommended "Overlay District" approach B. Ordinance Amendment 9528 — Alternative "Buffer- Percentage" approach C. Resolution for Approval 2011 -24 D. Planning Commission Report, dated 2/1/11 E. February 1, 2011 Planning Commission Minutes F. Planning Commission Report, dated 3/1/11 G. March 1, 2011 Planning Commission Minutes H. Northwest Associated Consultants Opportunity Area Analysis, dated 1/26/11 L City Attorney's Memo, dated 2/23/11 J. Map — "Overlay District Approach" K. Map — "Buffer- Percentage Approach" L. Interim Ordinance 9524 fA W uw, t 1 IL MWEEM Adi \ IONN ,'off — � ■ ��� '�� ,; W L� J w ., I ` ..�..�.. U Qm . - %� �i 1 aJQ 10� �gE� I ,p 2 ■ - .._.._.._.._.._.._.._.._.._.._� i r�.r♦ N FQ _ N Q 0 N > T CO 00 u0 V J Z a U » _ C () Q� O N N (6 Q Q Q N .. > Q i N t N Q Q 0 O -O (6 (6 t v -O m i LL ai T (/i N � (6 O i C C O O Q O Z � y Q Z o a q„ O O m J Cc O O N �, °' o W i4 O N Y r U � > 0- c(f) C) °` s � e fA W uw, t 1 IL MWEEM Adi \ IONN ,'off — � ■ ��� '�� ,; W L� J w ., I ` ..�..�.. U Qm . - %� �i 1 aJQ 10� �gE� I ,p 2 ■ - .._.._.._.._.._.._.._.._.._.._� i r�.r♦ CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (K) Special Use Overlay District (iv) The exterior building materials for principal and accessory buildings at ground floor level shall be consistent with commercial buildings, including brick or concrete masonry, glass, and similar materials up to a height of no less than twelve (12) feet from grade. (v) Upper floor building materials (above the ground floor), may utilize residential materials such as lapped siding. (vi) Parking shall be provided on -site at a rate of no less than one and one -half spaces per residential unit, unless the facility is expressly reserved for senior citizens. No less than fifty percent of the parking shall be covered. (K) 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: (f) 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. (g) Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. (h) An adult use which does not qualify as an accessory use shall be classified as an adult use /principal. (i) Adult use /principal activities shall be prohibited from locating in any building which is also utilized for residential purposes. (j) 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; Page 190 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (K) Special Use Overlay District (vi) A public park; (vii) A church; (viii) Amusement places such as roller rinks, dance halls, and bowling alleys; (ix) Liquor sales; (k) Adult use /principal activities shall be located at least four hundred (400) radial feet apart as measured from one another. (1) 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. (m) Adult use /principal activities shall adhere to the following signing regulations: (i) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; (ii) Sign messages shall not contain material classified as advertising; (iii) Sign messages shall comply with the requirements of size and number for the district in which they are located (n) Adult use /principal activities shall be prohibited in establishments where liquor is served. (o) Adult use /principal activities shall be prohibited at any place or event where minors are permitted. (2) Adult- Oriented Uses — Accessory (a) Adult use /accessory activities shall be allowed only as regulated by Section 5.3 (D) (4). City of Monticello Zoning Ordinance Page 191 Planning Commission Agenda: 01/03/17 3B. Consideration of election of officers for 2017 (AS) A. REFERENCE AND BACKGROUND: The Planning Commission is asked to take action to elect for positions of Chair and Vice Chair of the Commission for 2016. At present, the City code for Planning Commission requires that the Commission elect a chair from its appointed members for a term of one year, and other officers as it determines. The Planning Commission has in the past elected a Vice Chair, in addition. The Vice Chair has fulfilled the duties of the chair in the event of absence. Currently Commissioner Fyle serves as Chair of the Commission. Commissioner Sam Murdoff currently serves as Vice Chair. B. ALTERNATIVE ACTIONS: Decision 1: Chair Position 1. Motion to nominate Commissioner Planning Commission for 2017. 2. Motion of other. Decision 2: Vice Chair Position 1 Motion to nominate Commissioner of the Planning Commission for 2017. 2. Motion of other. C. STAFF RECOMMENDATION: as Chair of the as Vice Chair Staff defers to the Planning Commission on matters of appointment. D. SUPPORTING DATA: A. City Code Title 2, Chapter 1 - Planning Commission CHAPTER 1 PLANNING COMMISSION SECTION: 2 -1 -1: Name of the Commission 2 -1 -2: Authorization 2 -1 -3: Membership 2 -1 -4: Term of Office 2 -1 -5: Attendance 2 -1 -6: Vacancy 2 -1 -7: Officers 2 -1 -8: Meetings 2 -1 -9: Quorum 2 -1 -10: Duties of the Commission 2 -1 -11: Amendments 2 -1 -12: Compensation 2 -1 -1: NAME OF THE COMMISSION: The name of the organization shall be the Monticello Planning Commission. 2 -1 -2: AUTHORIZATION: The authorization for the establishment of this commission is set forth under Minnesota Statutes, Section 462, Municipal Planning Enabling Act. The planning commission is hereby designated the planning agency of the City pursuant to the Municipal Planning Act. 2 -1 -3: MEMBERSHIP: The Planning Commission shall consist of five members appointed by the Council. All members shall be residents of the City of Monticello and shall have equal rights and privileges. 2 -1 -4: TERM OF OFFICE: (A) Appointments. All members shall be appointed for three year terms ending on December 31St of a given year; however, said term may be terminated earlier by the Council. Terms shall be staggered so that no more than two members' terms shall expire in a given year. Said terms are to commence on the day of appointment by Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he /she will faithfully discharge the duties of office. (B) Renewals. When an expiring member's term is up, such member may be reappointed by Council with the effective date of the new term beginning on the first day of the next year following the expiration. MONTICELLO CITY CODE TITLE 2 / Chapter 1 / Page 1 2 -1 -5: ATTENDANCE: It is the City Council's intention to encourage Planning Commission members to attend all Planning Commission meetings. Should any Planning Commission member be absent for more than three meetings in a calendar year, that member may be subject to replacement by the City Council. 2 -1 -6: VACANCY: Any vacancy in the regular or at -large membership shall be filled by the City Council, and such appointee shall serve for the unexpired term so filled. 2 -1 -7: OFFICERS: (A) Elections. The City Planning Commission shall elect at its January meeting from its membership a chair, vice chair, and a secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules of said Commission. (B) Duties of Chair. The chair shall preside at all meetings of the Planning Commission and shall have the duties normally conferred and parliamentary usage of such officers. (C) Duties of Vice Chair. The vice chair shall act for the chair in his absence. (D) Duties of Secretary. A secretary may be appointed who is not a member of the Planning Commission but can be employed as a member of city staff. The secretary shall keep the minutes and records of the Commission; and with the assistance of staff as is available shall prepare the agenda of the regular and special meetings for Commission members, arrange proper and legal notice of hearings when necessary, attend to correspondence of the Commission, and handle other duties as are normally carried out by a secretary. 2 -1 -8: MEETINGS: (A) The Planning Commission shall hold at least one regular meeting each month. This meeting shall be held on the first Tuesday. Regular meetings shall commence at 6:00 p.m. Hearings shall be heard as soon thereafter as possible. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. The meeting shall be open to the general public. (B) In the event of conflict for a regularly- scheduled meeting date, a majority at any meeting may change the date, time and location of the meeting. (C) Special meetings may be called by the Chair or two members of the Planning Commission together, as needed, and shall be coordinated with MONTICELLO CITY CODE TITLE 2 / Chapter 1 / Page 2 city staff. 2 -1 -9: QUORUM: A majority of all voting Planning Commission members shall constitute a quorum for the transaction of business. 2 -1 -10: DUTIES OF THE COMMISSION: The Commission has the powers and duties assigned to it under Minnesota Statutes, Section 462, Municipal Planning Enabling Act, by this Code, and state law. 2 -1 -11: AMENDMENTS: This ordinance may be amended as recommended by the majority vote of the existing membership of the Planning Commission and only after majority vote of the City Council. 2 -1 -12: COMPENSATION: Compensation of members of the Commission shall be as set forth in City Code for Fee Schedule. ( 9336, 11/22/99) ( 9337, 1 /10 /11) ( 9593, 3/10/14) (9607,1/26/15) MONTICELLO CITY CODE TITLE 2 / Chapter 1 / Page 3 Planning Commission Agenda: 01/03/17 3C. Consideration to appoint a representative to the Downtown Small Area Study Steering Committee (AS) A. REFERENCE AND BACKGROUND: The Planning Commission is asked to appoint a representative to the Downtown Small Area Study Steering Committee. The Steering Committee will meet approximately 3 -4 times during the Small Area Study process, which will begin in January and is anticipated to conclude in May, 2017. The Steering Committee will assist in providing direction and input on small area plan as it develops. Planning Commission representation is critical, as the document will serve as a land use guide for the downtown. The plan will likely result in a future comprehensive plan amendment and potential zoning ordinance amendments. B. ALTERNATIVE ACTIONS: Motion to nominate Commissioner as the Planning Commission representative for the Downtown Small Area Study Steering Committee. 2. Motion of other. C. STAFF RECOMMENDATION: Staff defers to the Planning Commission on matters of appointment. D. SUPPORTING DATA: A. EDA Small Area Study Staff Report EDA Agenda — 09/14/16 10. Consideration of authorization to issue RFPs for Small Area Study in downtown Monticello. (AS /JT) A. REFERENCE AND BACKGROUND: The EDA is asked to consider authorizing issuance of an RFP for a Small Area Study for a portion of the "core area" of downtown. The concept for completion of a small area study arose out of the EDA's June strategy session, at which the EDA members present placed Downtown Redevelopment as the top priority or focus area for the near future. It was discussed during the strategy session and in other EDA meetings that given the recent changes and investments within the core downtown commercial district, the land use components of the Embracing Downtown Plan require review and update. In July, the EDA authorized the preparation of an RFP for consideration. The EDA indicated at that time that the update for the land use component of the plan should not be extensive and, given the investment in the Embracing Downton Plan, consideration should be given to project cost. The EDA also felt a market perspective on any land use concept was critical. As such, staff has prepared a draft RFP which is limited in scope in terms of both focus and geographic area. The small area to be studied includes the four corners at the intersection of TH25 and CSAH 75, and includes additional blocks to the west of TH25, including the "Anchor Block ". The study focuses on development of three alternative land use concepts, then requires that they be analyzed by developers for feasibility. The proposal also requests detail on likely implementation measures. Although staff does have some question as to how proposers will develop a proposal meeting both requirements, firms which work for both public and private clients may be able to offer a proposal which packages both components. Staff welcomes the EDA's feedback on the structure and content of the draft proposal. It is also understood that a final contract and scope of work will be developed in finer detail with the selected consultant should the project proceed. Al. Staff Impact: An initial estimate of staff time involved in the process, including preparation of the RFP, reviewing submitted proposals and presenting the results to the EDA for consideration is 25 to 30 hours. Staff commitment during the actual study preparation process may be closer 100 hours. Staff time supporting the consultant in arranging and meeting and developing can support a reduction in costs for the consultant services, as well. A2. Budget Impact: Funding is included in the proposed 2017 EDA budget. Staff has estimated the budget impact for the small area study at approximately $45,000 to $55,000. B. ALTERNATIVE ACTIONS: Motion to authorize issuance of RFPs for Small Area Study in downtown Monticello, subject to those comments of the EDA. 2. Motion to table consideration of a small area study for further research and information. 3. Motion for no action C. STAFF RECOMMENDATION: It is apparent that the lack of a land use plan considered to be "viable" for the downtown area has generated questions on the best use of properties and desired development pattern for the core of downtown. Staff recommends alternative 1 above. The small area study will not replace the Embracing Downtown Plan, but rather supplement the plan for focus on the core area identified. D. SUPPORTING DATA: A. Draft Small Area Study RFP CITY Monticello REQUEST FOR PROPOSALS EMBRACING DOWNTOWN MONTICELLO — SMALL AREA PLAN REQUEST The Monticello Economic Development Authority (EDA) is requesting proposals from qualified firms to address land use and market components of a core area of downtown Monticello. SUBMISSION DEADLINE Proposals Due Date /Time Friday, October 28th, 2016 4:00pm Request for proposals must be received prior to 4:00 pm (CST) on Friday, October 28th, 2016. Late submittals will not be considered. Fifteen (15) copies of the RFP should be submitted to the address below: City of Monticello: Attn: Jim Thares 505 Walnut Street Monticello MN 55362 Contact Info: Jim.thares&ci.monticello.mn.us or 763 - 271 -3254 TABLE OF CONTENTS COMMUNITY BACKGROUND SMALL AREA MAP SCOPE OF WORK PUBLIC STRUCTURE PROJECT COST & FEE SCHEDULE STAFF SUPPORT PROJECT TIMELINE DELIVERABLES FIRM CREDENTIALS SELECTION PROCESS SELECTION /EVALUATION CRITERIA RESOURCES 2 3 4 5 6 7 7 7 7 8 8 8 -9 9 -10 COMMUNITY BACKGROUND The City of Monticello is situated in a prime location on Interstate 94 between Minneapolis /St. Paul and the City of St. Cloud. Monticello has experienced tremendous growth within the last twenty years in the residential, commercial, office, and retail sectors. The City of Monticello is a rapidly growing, free - standing urban fringe city encompassing approximately 5,000 acres and a population of 13,000. Monticello was founded by second - generation Americans who migrated west in the mid 1800's. Early settlers found the gently sloping banks and shallow river levels of the Mississippi River made a logical place for a river crossing. Founded in 1856, the City grew quickly during the early settlement years and then leveled to a population of about 1,300. It was this original settlement that became the core city and survives today as downtown Monticello. In 2010, the City of Monticello completed the "Embracing Downtown Plan ", a guide to redeveloping the downtown. The Embracing Downtown Plan considered land use, transportation and market realities for the full downtown area. The full area considered to be "Downtown Monticello" extends from Interstate I- 94 at its southern boundary to the Mississippi River in the north, and generally from Cedar Street on the east to Maple Street on the west. Since the adoption of the Embracing Downtown Plan, changes in the downtown marketplace in terms of ownership and private investment have created impacts which influence the desire and ability to implement the land use component of the Embracing Downtown Plan as originally intended. In particular, the core downtown area requires a new perspective in terms of land uses most likely to be developed and successful. The "core" downtown area to be studied includes the four corner blocks of the intersection itself, two blocks directly west of the intersection and an area southwest of the intersection. The core downtown area to be studied lies at the intersection of I -94 and MN TH 25. These arterial transportation corridors create both challenges and opportunities for the core of the downtown area. Two larger "suburban" commercial districts are in close proximity to the original downtown area and are connected to the downtown by collector roads. These retail areas, along with 200+ acres of vacant commercial land within the City, create challenges for the more expensive and often time - consuming redevelopment of this core downtown area. Given the changes in the market realities within the core area, the opportunity for greenfield commercial development, as well as the recognized constraints of the area's transportation corridors, the Monticello Economic Development Authority (EDA) seeks to develop a revised land use plan for the core area of the downtown which presents a greater likelihood for realization. The Monticello EDA (which has the powers of a Housing and Redevelopment Authority) has been very aggressive in its economic development strategies as related to the downtown. The City's EDA owns and has acquired properties in the core study area with the goal of facilitating redevelopment in the area. The EDA has directed the request for proposals for this core area of downtown in order to achieve the broader goals outlined by the Embracing Downtown Plan, while recognizing and addressing the evolving marketplace in which the core downtown area exists. Small Area Study - Area Map T 4 • j - 140 city Boundary IP f 4 rill t September 8, x+ z inch • 376 feet �ecstap%M. CkEsAWw 06 1 SDA ,r Gfi.AE71, aei.eaneq nffowd. 61{ GP. :w^mpo, am ne d8 Ila Canwir�W SCOPE OF WORK In conjunction with the items listed below, each RFP must address the following: a. Approach to obtaining and including public input b. Estimated timeline c. Coordination and communication with staff and applicable consultants d. Coordination and review by boards and commissions A final scope of work will be developed in collaboration with the selected firm(s). Phase 1: Context & Place 1. Understand the goals and the objectives of the Embracing Downtown Plan, including those items achieved and those unrealized. 2. Evaluate the current environment of the area to be studied. a. Document the existing land uses, property ownership, and business mix. b. Update the distribution, location, and density of the current uses of land within the "downtown" including: commercial, retail, office, industrial, open /civic spaces, and residential uses. c. Update vehicular and pedestrian traffic patterns including mapping and context. Phase 2: Concept Development & Public Input 1. Develop three individual land use scenarios, incorporating the City's plans for vehicular and pedestrian transportation access and park and pathway planning. a) For commerce uses specifically, propose a business mix and land use pattern. Includes strategies for arranging /locating current and future businesses. Identify how the mix presents the maximum opportunity for development and how it will positively impact pedestrian traffic and sales. b) For residential uses specifically, outline the types of residential uses that are appropriate for the small area; provide an analysis of what mix of housing types and densities are best suited to the area and rationale. c) Each individual concept will include both narrative and visual components, including maps and graphic schematics. 2. Recommend an appropriate mix of off -street and on- street parking facilities to support the land use concepts and to support access to adjacent amenities, including the City Parks, Community Center, Library, etc. 3. Identify how each concept creates better connectivity and compatibility between land uses and densities within the downtown and with other commercial nodes within the City. 4. Specifically identify the points for public input, including meetings, interviews and social media efforts with the specific purpose of input into the development scenarios. 5. Specifically identify the points for input by City boards and commissions. Phase 3: Market Testing Similar to the Embracing Downtown Plan, the small area study seeks to incorporate the realities of the market environment in which the area exists. The selected consultant will develop and implement a market testing module, by which each scenario is evaluated by a group of recognized commercial and residential developers. Market test group(s) will analyze appropriate mix of commercial and residential uses for marketability and development feasibility. a. Market test group(s) will analyze appropriate mix of commercial and residential uses which will most likely thrive in the downtown based on existing and future business potential, transportation patterns, and adjacent competitive market areas. b. Market test group(s) will analyze type and mix of current housing, including the spatial distribution of housing patterns. c. Selected consultant with market test group(s) will provide marketing and development strategies for implementation. 3. Written deliverables for the market test group(s) analysis shall be provided with a clear detailing of the methodology for analysis and background of the each market test group participant. Phase 4: Refinement and Adoption 1. Based on the feedback of the developer community, the selected consultant will refine the plan rated highest by the developer community for presentation to the City for adoption. 2. Consultant will develop clear relationship structure to the Embracing Downtown Plan and identify those components of the Embracing Downtown Plan to be amended. 3. Consultant to prepare any recommended amendment language to the Embracing Downtown Plan. PUBLIC STRUCTURE The City is governed by a City Council and receives recommendations from the Planning Commission, Economic Development Authority, Parks Commission, and Industrial & Economic Development Committee. The proposal should include a creative, pro- active public input process with recommendation and /or review points by each board and final adoption by the EDA and City Council. 11 PROJECT COST & FEE SCHEDULE All required information pursuant to the RFP shall be prepared at the sole cost and expense of the Respondent. There shall be no claims whatsoever against the City, its staff, or its consultants for reimbursement costs or expenses incurred in the preparation of the RFP(s). The proposal shall include a total cost estimate per component and an all inclusive cost. Total project cost should include anticipated legal review (if applicable), coordination with existing City consultants, coordination with other selected firms, and City staff. A clear delineation of communication and reporting relationships between consultants should be provided. In addition, a section should be included detailing potential additional costs including; hourly fees, extraneous expenses associated with travel, electronic and verbal communication services, production, legal, and administration, etc. The Economic Development Authority will be the funding source for the proposed project. It should be noted the EDA will be cost - conscious throughout the selection process and scope of project. STAFF SUPPORT All proposals should include a detailed summary of required staff support to complete each component. It is expected each firm will be responsible for the collection of baseline data resources. The City has a City Administrator, Finance Director, Community Development Director, Economic Development Manager, and Building Official. The City also retains a legal firm, planning firm, engineering firm and financial firm for both broad -scale and day -to -day matters. Proposals must include any costs for consultation with other consultants both currently retained by the City and as appointed to complete the Guide. PROJECT TIMELINE The proposal should include an estimated time allotment per component based on a start date of December 15t1i, 2016 and a desired completion date of April 1St, 2017. DELIVERABLES The selected consulting firm will be required to provide (20) printed copies and a digital of the final approved document, along with digital versions of any drafts. Final digital plan version must be an interactive document that has the ability to link to other resources. Digital copies of any GIS layers used to create maps or data bases shall be provided. The final plan will include both text and graphical segments. The plan should capitalize on as many visual components and GIS database as possible. 7 FIRM CREDENTIALS Include a section detailing the firm's background and experience. List the names of all consultants assigned to the project and in what capacity. Credentials must include a summary of past projects, including location, size, scope, and nature of services. SELECTION PROCESS The EDA will review each properly completed proposal. Proposals to complete the plan by multiple firms will only be accepted by a coordinating firm. Proposals will be pared down to three (3) firms for presentation and interview based on the Selection /Ranking Criteria to be determined by the EDA. Presentations /interviews are expected to occur in November, 2016. The selection committee will require a formal presentation and interview. The final selection process will not be made by Selection /Evaluation Criteria ranking alone, but will be based on a combination including, but not limited to: ranking, presentation, proposal merit and other qualifications. Once authorized to proceed, the "most qualified" firm(s) will be expected to immediately assist in developing a final scope of services and contractual agreement. The City of Monticello reserves the right to waive any irregularity in any submittal or reject any or all proposals. SELECTION /EVALUATION CRITERIA Proposals will be reviewed on a point basis, with a maximum of 100 points to determine ranking of each proposal. 1. Demonstrated Experience — a maximum of 15 points What direct experience do the consultants assigned to the project have working with diverse stakeholders in the development of City plans, redevelopment projects, or other applicable initiatives? What relevant past experiences and performance do the consultants assigned to the project have that will enable them to successfully assist the City in the creation of a creative and progressive downtown redevelopment and revitalization guide? 2. Project Approach and Organization — a maximum of 45 points Proposals shall include a detailed approach for accomplishing the Guide. • How will services be performed? • Has the proposal addressed each of the considerations included within the RFP? • What additional scope of services has been identified? • How will the public process be incorporated? • How will communication be handled? Ej • How will coordination and communication with other solicited consultants be approached? • What "social media" tools can be utilized to capture a higher level of participation? • How has the consultant incorporated the market test group component to achieve the EDA's desired outcome? • What creative ideas are proposed to address the anticipated diverse desired results from each participating organization and /or stakeholders? 3. Cost - Efficiency — a maximum of 25 points The proposal shall include a detailed cost estimate for completing the project. Hourly costs for additional time should also be provided, along with any extraneous expenses associated with travel, communications services, legal, coordination with outside consultants, production, etc. 4. Project Timeline and Consultant Availability — a maximum of 15 points The proposal shall include an evaluation of time allotted to each component and if applicable overall completion of Guide. Describe the proposed consultant project schedule and staffing plan, including the number of on -site visits /meetings and public involvement meetings. RESOURCES The following resources are available online at the City of Monticello website, www.ci.monticello.mn.us (Click Community Development/Downtown Development) • Current Monticello Zoning Ordinance • City Code • 2008 Monticello Comprehensive Plan • 2008 Monticello Natural Resource Inventory & Assessment • 2009 Transportation Plan (See Engineering Department's Transportation Page) • 2010 Embracing Downtown Plan • 2011 Park & Pathway Plan Transportation To assist the successful candidate in preparing their responses and recommendations, we are including information on the existing transportation system, existing and projected traffic volumes along major transportation corridors, and some of the anticipated constraints that must be considered with any redevelopment of the downtown area. Existing Transportation System • The majority of traffic entering or leaving the downtown area does so from the north and south on State Trunk Highway 25 (TH 25), and from the east and west on Wright County State -Aid Highway E] 75 (CSAH 75). CSAH 75 is also referred to as East or West Broadway, depending on which side of TH 25 it is on. • TH 25 is a four -lane highway that is divided in some areas through the use of a narrow raised concrete median, but remains undivided in other areas. The posted speed on TH 25 through the downtown area is 30 mph. The existing right -of -way along TH 25 in the downtown area varies between 80 and 150 -feet. • CSAH 75 is a four -lane highway that is divided in some areas through the use of a raised concrete median area, yet remains undivided in other areas. The posted speed on CSAH 75 through the downtown area is 30 mph. The existing right -of -way along CSAH 75 in the downtown area is 100 - feet. • The existing transportation network is shown in Figures 2.2 and 2.3 of the adopted Transportation Plan on the City's website. • Design layouts for intersection of TH 25 and CSAH 75. Traffic Modeling Data • Upon request, the city will provide existing traffic data and modeling results to assist in analyzing the transportation components and developing recommendations. Financing • 2016 Tax Increment Financing (TIF) Management Plan • HRA Levy • EDA General Fund • EDA financial assistance programs • EDA land assets Additional Information City Staff will provide additional information as requested. In order to ensure all candidates receive similar information a consolidated list of questions and answers will be posted on the City's website a week prior to the submission deadline. 10 Planning Commission Agenda: 1/03/17 3D. Community Development Director's Report. 1. Planning Commission Recommendations The City Council took the following action at its meeting oDecemberl2th, 2016 as related to items on the December agenda of the Planning Commission: Consideration of a request for Conditional Use Permit for vehicle sales and rental, a request for Conditional Use Permit for auto repair minor, a request for Conditional Use Permit for open sales display, a request for Rezoning from B -4 (Regional Business) to B -3 (Highway Business), and a request for variance for automobile repair minor beyond the front building line. Applicant: Larson Building Inc. City Council approved the land use applications unanimously as part of the consent agenda. • Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 5, Section 1 for amendment to regulations for Vehicle Sales and Rental in the B -4 (Regional Business) District and Chapter 5, Section 1 for regulations for Accessory Use Auto Repair — Minor in the B -4 (Regional Business District). Applicant: City of Monticello City Council approved the ordinance amendment unanimously as part of the consent agenda. 2. Fallon Avenue Overpass On December 12th, 2016, the Monticello City Council approved an agreement with St. Henry's Catholic Church relating to the area of consideration for construction of the Fallon Avenue overpass. The agreement relates to land area to be acquired by the City for the Fallon Avenue overpass. The Planning Commission has previously reviewed the proposed overpass a part of prior Transportation Plan and Capital Improvement Plan updates /reviews. More information on the agreement can be found here.