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Planning Commission Agenda Packet 10-18-1977AGENDA CITY OF MONTICELLO PLANNING COMMISSION Tuesday - October 18, 1977 - 7:30 P. M. Members: H. Gillham, D. Bauer, J. Ridgeway, F. Topel, H. Doerr, J. W. Miller, ex -officio. lei. Approval of minutes of September 20 and October 10 meetings. V2. Public Hearing - Consideration of Sandberg South ✓ Preliminary Subdivision Plat. 3. Consideration of Conditional Use Permit, Variances J) and Building Permit for Dairy Queen. 0 / ^ /) 4. Consideration of Variance from Monticello City Ordinance {�•l Relative to 2z Acre Lot Size Minimum for Lot Without City Sewer and Water. 5. Zoning Ordinance Review. 6. Unfinished Business. 7. New Business. MAILING TO: Bruce Bloom Mel Wolters Richard Dwinell Don Smith John Sandber•k Dave Ileskins AGENDA SUPPLEMENT anda Item 2. Public Hearing - Consideration of Sandberg South Preliminary Subdivision Plat. Mr. John Sandberg is proposing a 8.28 acre commercial plat that is south of the 1-94 interchange and west of Highway 25. (See enclosed map). As required by Monticello ordinances, a hearing is necessary on consideration of a preliminary plat. if the preliminary plat is recommended for approval by the planning commission, the procedure is to submit the preliminary plat to the city council for approval and then a final plat plan is prepared and presented to the council for final approval. The preliminary plat plan was just received and copies were forwarded to the planner and engineer for review and comment. Additionally, the ordinance requires a grading plan to be submitted, which has yet to be received. UPOSSIBLE ACTION: Consideration of approval of preliminary p] at.. REFERENCES: Enclosed map. Preliminary plat (available at city hall). Agenda Item 3. Consideration of Conditional Use Permit, variances and Building Permit; for Dairy Queen. Conditional Use Permit - Public Hearing. A Dairy Queen has been prvposed for Lots 6,7 and 8 of Block 5 of Upper Monticello (ser, enclosed mop). The area I'al Is within a B-3 (Highw•ay Business) zone and its such a conditional use permit, and it public hearing to consider the permit is necessary since Dairy Queen is O q construed its it convenience food establishment.. Variances. \ui4 Dairy Queen is requesting variant es on the following: 1. Parking - Ordinance Section 10 -3 -5 -(II) -13 requires one parking space for every 15 square fret of gross floor arra. The proposed Dairy Quern is 1260 ` 1 square feet, and 84 spaces would be required. VProposed parking for the Dairy Queen is 30 spaces 1 and as a result, a variance of 54 spares is re- quired. �y �v 2. Signs - Ordinance Section IO -3 -9 -(E) -2-(B)-(2) allows a combination of two wall signs or one wall and one pylon sign. Dairy Queen is proposing two wall signs and a pylon sign. They feel it is necessary to request a wall sign facing Highway 25 and 6th Street since the major exposure is from Highway 25 but access is only allowed from 6th St. Building Permit. Dairy Queen is proposing to build a building 27'4" by 46'4" or approximately 1266 square feet. There will be inside seating for 24 people in addition to a service counter. Additionally, there are plans for a drive up window. Building, grading and landscaping plans are currently being prepared and should be available at Tuesday's meeting. POSSIBLE ACTION: Consideration of Conditional Use Permit, sign and parking variances and building permit. Agenda Item 4. Consideration of Variance from Monticello Citi• Ordinance Relative to 2- Acre Lot, Size Minimum for Lot. Without City Sewer and Water. Mr. David Ilesk.ins is requesting it variance to build on a 100' x 3201 (32,000 square feet.) lot, wit'luit city sewer and water. Monticello Ordinance Section I0 -3-4-(C) requires a 21 acre minimum lot, size without city sewer and wa tur. The variance request, is for a portion of Lot, I of Block 2 of Oakwood Industrial Park. At out, last. regular planning commission meeting, a buildiug permit, request was approved. In reviewing the area with our city cogineer, it. was fell, that. it. would not. be practical at this time to serve the arca with city sewer and water until the souchern porl.ion of Oakwood Industrial Park was developed. As a result., Keith Nelson felt it. would be better for thiH particular parcel to have a private septic tank and well system. As with other variance rl•quPHCH (it' this nature, applicable city and slate regulations relative to septic tank and wells would have to be adhered to. POSSIBLE ACTION; Consideration of approval of variance request. REFERENCES: Fraclosed map. -2- Y anda Item 5. Zoning Ordinance Review. Enclosed please find a memo from Dick Dwinell relative to possible zoning ordinance amendments. If time permits on Tuesday night, an attempt will be made to review these items plus any other suggested revisions. POSSIBLE ACTION: Review of amendments. REFERENCES: Dick Dwinell's memo. -9- 1 f t T `•� , , r' .+ice "-..:,;,f 7 ( �..;^ �dr,1..-� � � �: r.,,i . ly`; `•"'r.`�j �':.?: � 1,"•a,••.','•"W. 1 yr 1� I Y •' 1 � � l - O, -4 lAe, 12, is7> ORDINANCE FOR THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS OF THE CITY OF MONTICELLO 1.0 GENERAL PROVISIONS 1.1 STATUTORY AUTHORIZATION Tnis Shoreland Management Orainance ;s adoptee pursuant to the authorization contained in the laws of Minnesota 1973, Chapter 379, 272, and in furtherance of the policies declared in Minnesota Statutes 1976, Chapters 104, 105, 115, 116, and 462 and Minnesota Regulations NR 78-81, Rules and Regulations for Wild, Scenic, and Recreational Rivers, 14R 82-84, Rules and Regulations for the Management of Shoreland Areas within Municipalities and NR 2400-2420, Rules and Regulations relating to the designation, classification, and manangement of the Mississippi River in Stearns, Sherburne, Wright, Anoka, and Hennepin Counties. 1.2 POLICY The uncontrolled use of shorelands of the City of Monticello affects the public health, safety, and general welfare not only by contributinn to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the nest interests of the public health, safety, and welfare to provide for the wise development of shorelands of Public waters. The Legislature of Minnesota has delegated responsibility to the nu nicl- palities of the State to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related resources. This responsibility is hereby recognized by the City of Monticello. It is in the interest of present and future generations to preserve and protect the outstanding scenic, recreational, natural, historical, and scientific values of the Mississippi River and its adjacent lands. Accordingly, the Commissioner of Natural Resources provides standards and criteria for the preservation, protection, and management of the Mississippi River as authorized by the Laws of Minnesota 1973, Chapter 271, and Minnesota Regulations NR 78-81 and NR 2400-247.0. 1.3 STATEMENT Or PURPOSE To achieve the policies described in Section 1.2 and to: 1.31 Designate suitable land use zoninq districts compatible with the shoreland management classification and consistent with NR 2400-2470. 1.32 Regulate the minimum dimensions for the size and length of water frontage of lots suitable for building sites. 1.33 Regulate the placement of structures in relation to shorelines and roads_ 1.34 Regulate the amount of impervious surface allowed on each lot. 1.35 Regulate the type of placement of sanitary and waste disposal facilities. 1.36 Regulate alteration of the natural shorelands vegetation and topography. 1.37 Regulate plac&nent of roads and parking areas. 1.38 Regulate the subdivision of land. 1.39 Regulate the location of utility transmission crossings of shorelands. 1.40 Regulate the construction or reconstruction of public roads in shoreland areas. 1.41 Provide for the enforcement and administration of municipal shoreland management ordinances and management of the Recreational River ordinances within the City of Monticello. 1.4 JURISDICTION The jurisdiction of this Ordinance shall include the shorelands of all public, waters in the City of Monticello as depicted on the official 7.oning Map of the City of Monticello and the Recreational River Land Use District as described in NR 2420. 1.5 COMPLIANCE The use of any shoreland of public waters; the size and shape of lots; the use, size, type., and location of structures on lots; the, installation and maintenance of water supply and waste disposal facilities; the filing, grading, lagooning, or dredging of any shoreland area; the cutting of shoreland vegetation; and the subdivision of lots shall he in full compliance with the terms of this Ordinance and other applicable regula- tions. Construction of buildings, private water supply, and sewage disposal systems and erection of signs shall require a permit unless otherwise expressly excluded by the requirements of this Ordinance. 1.6 ABROGATION AND GREATER RESTRICTION 1.61 The provisions of the existing Zoning Ordinance and Zoning Map of the City of Monticello, Minnesota dated July 7R, 1975, and hereby incorporated by reference and shall be made as much a part of this Ordinance as if the mattrr described were fully set out. herein. 1.62 It is not otherwise intended by this Overlay Ordinance to repeal, abrogate, or impair any existing deed restrictions or ordinances other than zoning to the extent specified in Section 1.6 of this Ordinance, however, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. 1.7 INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. 1.8 SEVERABILITY The provisions of this Ordinance shall be severable, and the invalidity of any paragraph, sub -paragraph, or subdivision thereof shall not make void any other paragraph, sub -paragraph, subdivision, or any other part. 1.9 DEFINITIONS For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distance unless otherwise specified shall be measured horizontally. "Boathouse" means a structure used soley for the storeage of boats or boating equipment. "Building Line" means that line measured across the width of the lot at the point where the main structure is placed in accordance with the setback provisions. "Clear -cutting" means the removal of an entire stand of trees. "Hardship" means the property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowners is due to circumstances unique to his property, not created by the landowner; and the variance. If granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. "Lot" means a parcel of land designated by metes and bounds description, registered land survey, auditors plat, or ether accepted means and separated from other parcels or portions by said description for the purposes of sale, lease, or seperation thereof. For the, purposes of these regulations, a lot shall be considered to he an individual buildinq site which shall be occupied by no more than one principal structure equipped with sanitary facilities. "Ordinary High Nater Mark" means a marK aelineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The orainary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. "Planned Unit Development" means a type of development whicn may incorpor- ate a variety of land uses planned ana developed as a unit. The Planned Unit Development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources. "Planning Agency" means the planning commission or planning department as created by the municipality. "Public Waters" means any waters of the State which serve a beneficial public purpose as defined in Minnesota Statutes 1976, Section 105.37, Subdivision 6. However, no lake, pond, or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as definea herein, for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of these, regulations. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowages shall he the areas listed in the Division of Mater Bulletin 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds, or flowages arP not listed therein, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in cooperation with the municipality. "Setback" means the minimnim horizontal distance between a structure or sanitary facility and the ordinary high water mark, or between a structure or sanitary facility and a road, highway, or property lines. "shoreland" means land located within the following distances from public water: a. 1,000 feet from the ordinary high water marts of a lake, pond, or flowages. b. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The practical linits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official Zoning Map of the City of Monticello. c. The area included in the Recreational Land Use Districts for the Mississippi River as defined in Minnesota Regulations NR 2400-2420. "Subdivision" means improved or unimproved land or lands which are divided for the purposes of ready sale or lease, or divided successively within a five (5) year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area, and which are under common ownership or control. "Substandard Use" means any use of shorelands misting prior to the date of enactment of this Ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of the Ordinance. 2.0 DESIGNATION OF TYPES OF LAND USE In order to guide the wise development and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic, valaes, and the general health, safety, and welfare in the City of Monticello, a shoreland management classification has been given by the Commissioner of Natural Resources, and uses of shoreland in these classes are hereby designated by land use districts, based on the compatibility of the designated type of land use with the shoreland management classification. 2.1 SHORELAND MANAGEMENT CLASSIFICATION SYSTEM The public waters of the City of Monticello have been classified by the Commissioner of Natural Resources as "General Development Lakes and Streams" which include the Mississippi River and Qtter Creek. In addition, the Mississippi River has been designated as a "Recreational" component of Minnesota's Wild, Scenic, and Recreational Rivers System. 2..2 SMORF.LAND OVERLAY DISTRICT The shorelands of the City of Monticello are hereby designated as a shoreland Overlay District. The purpose of the Shoreland Overlav District is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the City of Monticello. 2.21 Permitted Uses. All permitted uses allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City of Monticello. 2.22 Conditional Uses. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City of Monticello. 2.23 General Provisions. The following standards shall apply to all shorelands of all public waters within the City of Monticello. Where the requirements of the underlying zoning district as shown on the official Zoning Map are more restrictive than those set forth herein, then the more restrictive standards shall apply. UNSEWERED AREA Lot area (feet) Water frontage and lot width at building line (feet) Building setback from ordinary high water mark (feet) Building setback from roads and highways (feet) Elevation of lowest floor above highest known water level (feet) Building height limitation (feet) Total lot area covered by impervious surface (%) Sewage system setback from ordinary high water mark (feet) Sewage system elevation above highest groundwater level or bedrock (feet) G GENERAL DEVELOPMENT WATERS 20,000 100 75 50 Federal/State/County 20 Municipal/Private 3 35 30 50 4 /� C SEWERED AREA GENERAL DEVELOPMENT WATERS All provisions for unsevered areas shall apply to sewered areas except for the following, which shall supersede the provisions applied to unsevered areas: Lot Area (feet): Waterfront lots 15,000 abutting public waters Other lots 12,000 not abutting public waters Water frontage and lot width at building line (feet) 80 Building setback from ordinary high water mark (feet) 50 2.3 VEGETATIVE CUTTING PROVISIONS AND GRADING AND FILLING (Recreational River) 2.31 On lands within the building setback fron the normal high water mark, the Mississippi River, and the portion of Otter Creek within the Recreational Land Use District. a. Clear -cutting except for any authorized public services such as roads and utilities shall not be permitted. b. Selective cutting of trees in excess of four (4) inches in diameter aL breast heiqht is Permitted provided that cutting is spaced in several cutting operations and a 4ontinuous tree cover is maintained, uninterupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting should be performed so as to maintain a continuous tree cover in the remaining wooded areas. c. The above cutting provisions will not he deemed to prevent' - the removal of diseased or insect infested trees, or of rotten or dantaned trees that present safety hazards; 7 -pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops, or cutting suppressed trees, or trees less than four (4) inches in diameter at breast height. 2.32 Clear -cutting anywhere in Wild, Scenic, or Recreational River Land Use Districts is subject to the following standards and criteria: a. Clear -cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile ana subject to injury. b. Clear -cutting shall be conducted only where clear- cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. c. The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary. d. Where feasible all clear -cuts shall be conducted between September 15 and flay 15. 1f natural regeneration will not result in adequate vegetative cover, areas in which clear -cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring. 2.33 Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not he permitted in the land use district. 2.34 Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree -clearing, and the destruction of natural amenities and shall be controlled by the local ordinance. 2.35 Grading and filling in of the natural topography snall also meet the follrniing standards: a. The smallest amount of bare ground is exposed for as short a time as feasible. b. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted. c. flethods to prevent erosion and trap sediment are employed. K Pe Xyl..,,.,/ y-��aPdi d. Fill is stabilized to accepted engineering standards. 2.36 Excavation of material from, or filling in a Recreational River, or construction of any permanent structures or navigational obstructions therein is prohibited, unless author- ized by a permit from the Commissioner pursuant to Minnesota Statutes, Section 105.42. 2.37 No state or local authority shall authorize the drainqe or filling in of wetlands within the Recreational River Land Use District. 2.4 VEGETATIVE CUTTING, GRADING, AND FILLING (Other Public Waters) 2.41 The removal of natural vegetation shall be restricted to prevent erosion into the public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the Shoreland Overlay District shall be subject to the following provisions: a. Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other 1 structures when viewed from the water. b. Clear -cutting of natural vegetation shall be prohibited. c. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion. d. The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. 2.42 Grading and filling in shoreland areas or any alterations of the natural topography where the slope of the land is toward a public water or a water course leading to a public water must be authorized by a conditional use permit. The permit may be granted subject to the conditions that: a. The smallest amount of ground is exposed for as short a time as feasible. b. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted. c. Methods to prevent erosion and trap sediment are cmploved. 4 d. Fill is stabilized to accepted engineering standards. 2.43 Excavations on shorelands where the intended purpose is connection to a public water shall require a permit from the Zoning Administrator before construction is begun. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for work in the beds of public waters. 2.5 UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY CROSSINGS All transmission services constructed within the Mississippi River Recre- ational Shoreland District shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minnesota Regulations NR 79(1)(2). No conditional use permit small be required for high voltage transmission lines under control of the Environmental Quality Council pursuant to Minnesota Statutes, Section 1160.61. 2.5 PUBLIC ROAD, RIVER CROSSINGS All new construction or reconstruction of public roads within the Mississippi River Recreational Shoreland District shall require a condi- tional use permit. Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Regulations NR 79(j)(2). A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties. "Public Roads" include township, county, and municipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. 2.6 SANITARY PROVISIONS Any public or private supply of water for domestic consumption purposes shall conform with Minnesota Department of Health standards for water supply. No person, firm, or corporation shall install, alter, repair, or extend any private well without first obtaining the necessary permits from the County Sanitation Office. 10 bpd :L -/ L"J" ynutl„a,ri�j B1� So t se too 10 V r iJQ.t4liCo 44 ,i N1 • V N J ' r - i � "0 r IL v "6 H bpd :L -/ L"J" ynutl„a,ri�j B1� So t se too 10 V r iJQ.t4liCo 44 ,i N1 •