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.
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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.
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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.
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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
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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;
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-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.
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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.
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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.
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