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Planning Commission Agenda 10-03-2017 AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 3rd, 2017 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: John Alstad, Brad Fyle, Sam Murdoff, Marc Simpson, Katie Peterson 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. Special Meeting Minutes – September 5th, 2017 b. Regular Meeting Minutes – September 5th, 2017 C. Citizen Comments D. Consideration of adding items to the agenda 2. Public Hearings A. Public Hearing - Consideration of a request for Preliminary and Final Plat for Otter Creek Crossing 5th Addition Applicant: John Chadwick B. Public Hearing – Consideration of a request for Conditional Use Permit for Micro-Brewery/Taproom in CCD (Central Community District) and Text Amendment to Monticello Zoning Ordinance, Section 5.2 and 5.3 to allow outdoor seating for Production Breweries and Micro-Distilleries and Conditional Use Permit for outdoor seating for Production Breweries and Micro-Distilleries Applicant: Zach Barthel/Sina Nyland/Nordic Brewery C. Public Hearing - Consideration of a request for Amendment to Monticello Zoning Ordinance Chapter 4, Section 13 – Telecommunication Towers and Antennas and related Sections as related to Small Cell and Wireless Telecommunication standards Applicant: City of Monticello D. Public Hearing - Consideration of a request for an amendment to Conditional Use Permit for Planned Unit Development for Hi-Way Liquors sign height and area allowances Applicant: City of Monticello 3. Regular Agenda A. Consideration to review for discussion commercial/”business” zoning district designations. B. Consideration of the Community Development Directors Report 4. Added Items 5. Adjournment MINUTES SPECIAL/JOINT MEETING - MONTICELLO PLANNING COMMISSION AND CITY COUNCIL th Tuesday, September 5, 2017 - 5:00 p.m. Boom Island Room, Monticello Community Center Commissioners Present: John Alstad, Brad Fyle, Sam Murdoff, Marc Simpson, Katie Peterson City Council Present: Brian Stumpf, Jim Davidson, Bill Fair, Lloyd Hilgart City Council Absent: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. Call to Order Brad Fyle called the special/joint meeting of the Planning Commission and City Council to order at 5:00 p.m. 2. Concept Proposal for Planned Unit Development for a nine unit townhome project in a B-2 (Limited Business) and a B-3 (Highway Business) District. Applicant: SPO, LLC Steve Grittman explained that the concept stage submittal area is zoned B-2 (Limited Business) District and guided Places to WPlaces to S explained that a rezoning and Comprehensive Plan amendment would need to occur to re-designate the site for residential. Grittman explained that the staff used the R-2 District as a comparison district when evaluating the submittal. The site would require a new PUD be set up. Grittman explained that the land to the north is designated R-2 and has been developed with twin homes. To the south, east, and west is zoned commercial zoning districts. The property is about one acre and would be constructed to have a single access. The submittal included three separate buildings with three townhomes each. Each unit was designed as a tuck- under garage style with two stalls. The driveway that led to the garage would allow for outdoor parking. Staff commented that additional visitor parking should be provided on the site. Grittman explained that the applicants proposed having 700 square feet on the main floor and 1,600 square feet for the total area. They would be looking for flexibility to the main floor finishable area. Staff requested that the garages meet the 450 square feet to allow adequate space for vehicle parking. The architectural materials proposed were commonly seen in the R-2 District. Additional architectural materials were encouraged to the applicant for those buildings facing Hart Boulevard. Grittman stated that the applicants met the nominal requirements for setbacks, but it was noted that the west property line or northwestern units would have to be shifted further onto the site. In addition, the southwest corner units would require a turn space to exit their driveway. 1 A buffer yard (including landscaping and fencing) is required when residential land abuts commercial land. This would be required on east, west, and south side of the proposed development. The buffer yard to the south would likely be the most important given the Grittman stated that the City Engineer commented on the submittal as well, but many of the comments would appear at the next level of review. Grittman indicated that the applicant noted that the units would be owner occupied with an association set up for exterior maintenance. Mayor Brian Stumpf asked what types of uses could occur on B-2 districts. A comment was that this proposal included two differently zoned parcels. Grittman stated that the bulk of the property was zoned B-2, but part of the area was also B-3. Grittman read through some of the allowed uses in the zoning districts per the Monticello Zoning Ordinance. Stumpf also mentioned concerns with encroaching into the thirty foot rear some of the two story townhome units and that landscaping and fencing would not completely buffer the area. Bill Fair asked if emergency vehicle access was accounted for in the submittal. Grittman stated that it was not addressed in the preliminary submittal, but it would need to be addressed moving forward. Lloyd Hilgart was concerned with the driveway widths and parking. Jacob Erickson, applicant, explained some changes that would be made with a future development submittal that would accommodate driveway and parking concerns. Hilgart asked if a preliminary selling point was established. Erickson explained that it would depend on the market, but that their realtor estimated a sales price of $250,000 to $280,000 per unit. Erickson stated these units would be geared towards younger families who would take added that they anticipated putting basements in these units as well. Marc Simpson asked about the lengths of the driveways. indicated that they were shown at thirty feet, but that adjustments would be made to the site plan. The minimum distance would be twenty to twenty-four feet. Simpson asked for the length of the interior drive aisle. indicated that they would be twenty-four feet. Simpson asked the applicants to look into emergency vehicle access and recommended having a fire hydrant along Hart Boulevard and on the south island of the site. Brad Fyle asked the applicants to speak and asked if the comments from staff were workable for the project. Erickson confirmed and stated modifications would occur from the preliminary submittal. Terry Bishop, 9802 Hart Boulevard, indicated that he was not opposed to the development, but recommended they not be rental units. Erickson stated that an association would be set up to maintain the site. It was asked how long the association would be in effect. Erickson stated it would be permanent. 2 An audience member asked if neighbors would be notified if the property would be used for rental. Erickson stated that they would sell it to the owners and that it would be at their discretion. Dick Bergquist, 9796 Hart Boulevard, asked if the applicant would consider reducing the amount of units. Erickson stated that it was not economically feasible. would occur from the potential homeowners. An audience member asked what the rear elevation would look like. Grittman explained that the particular design included a patio door with three windows into the family room on the main level, and two windows on the upper level (one to each bedroom). The back side would have a total of five to six windows. Tim Revering, 6219 Mill Run Road, was concerned about the intersection by Kwik Trip. explained that he spoke with the lane in the center. Richard Bourque, 9800 Hart Boulevard, was concerned with speeds in that area. Stumpf mentioned that he spoke with the City Engineer and that a speed study was completed in 2012, but that staff would follow up to see if another speed study could be conducted. Fyle summarized that there were no large issues with the zoning change to residential. Fyle also summarized that it was important to ensure the buildings were attractive, owner occupied, and that the floor plan would meet code for minimum sizing. Stumpf also summarized that staff would follow up regarding concerns with Dutch Elm Disease in the development area, potentially completing a speed study along Broadway Street, and stay in contact with County for any potential changes to Highway 39. It was noted that the City cannot limit properties to be rental versus owner occupied. Private association documents could handle this condition. 3. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 5:46 PM. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander ____ rd Approved: October 3, 2017 Attest: ____________________________________________ Angela Schumann, Community Development Director 3 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION th Tuesday, September 5, 2017 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: John Alstad, Brad Fyle, Sam Murdoff, Marc Simpson, Katie Peterson Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order Brad Fyle called the regular meeting of the Planning Commission to order at 6:00 p.m. B. Consideration of approving minutes st a. Special Meeting Minutes August 1, 2017 MARC SIMPSON MOVED TO APPROVE THE SPECIAL ST MEETING MINUTES FROM AUGUST 1, 2017. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. st b. Regular Meeting Minutes August 1, 2017 ST MARC SIMPSON MOVED TO APPROVE THE AUGUST 1, 2017 REGULAR MEETING MINUTES. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. BRAD FYLE ADMINISTERED THE OATH OF OFFICE TO KATIE PETERSON. C. Citizen Comments None. D. Consideration of adding items to the agenda Charlotte Gabler asked to add the Broadway Market sign to the agenda. 2. Public Hearings A. Public Hearing Consideration of a request for Amendment to Conditional Use Permit for Planned Unit Development, Development Stage Planned Unit Development, and Preliminary Plat for Carlisle Village 6th Addition for single family lots in an R-2 (Single Family and Two Family Residential) District Applicant: Paxmar, LLC Steve Grittman explained that the original PUD for Carlisle Village was designed to include attached townhome units, small lot single family, and large lot single family. Grittman explained the area around the pond was expected to be final platted for townhome development, but was not completed. In the amendment to PUD, the applicant proposes to re-plat the seventeen townhome lots and a portion of the common area outlot to accommodate a fourteen detached townhome project. These would be controlled by an 1 association, platted on individual parcels, and with common area maintenance controlled by an association. Grittman explained that a Concept Stage PUD meeting was held in May. One of the primary comments that came out of that discussion was transitioning from the eight attached townhome units, without isolating or making those units seem out of place. Comments related to design were also discussed at that meeting. Grittman stated that the density of the project would be less with the proposal compared to an attached townhome development. Most of the homes would be a two story unit with a two stall garage facing the street. A few of the units have three stall garages facing the street. Grittman explained in further detail the highlighted points from the PUD Concept Stage review and the response from the applicant. He noted that the importance of understanding and coordinating how the association would be set up prior to moving forward with the project. Also, Grittman suggested clarifying the responsibilities for maintenance that the association would cover as typically detached units are not covered for exterior building maintenance. The change in unit styles was also mentioned during the Concept Stage submittal and setbacks. He explained that the T-N neighborhood adjoins with the proposed development area and suggested following the T-N district setbacks of six feet for side yard, twenty to twenty-five feet for the front yard from the lot line and thirty- five to forty feet from the curb. The applicant proposes five foot side setbacks with twenty foot setbacks for the front yard from the property line and thirty-five feet from the curb line. Grittman suggested architectural treatments be applied to the detached units to better mix the existing units. A reduction in the density would occur from seventeen attached units to fourteen detached units to seven and a half units per net acre. Grittman stated that the applicant was not making any proposals for the remainder of the original project site at this time. A reduction in the density would occur from seventeen attached units to fourteen detached units and approximately seven and a half units per net acre (from nine units per net acre). Grittman explained that one difference between the detached unit and the single family units on Gatewater Drive was that the face of the buildings would be predominately garage, which is more typical of townhome units. Grittman stated that the plat identifies individual lots, with each unit being surrounded by private property open space. 2 Staff recommended approval of the proposal with the Exhibit Z comments. Brad Fyle asked if they would be joining the existing association. Grittman thought that there was the option to join the existing association at the existing prior to the final stage consideration. Fyle asked if the street in front of these units was a public street. Grittman confirmed. Sam Murdoff asked about setbacks. Grittman explained that with townhouse projects, the standard is twenty-five feet behind the curb. Murdoff asked if it was typical to have individual lots for townhome projects rather than having common area for the entire project. Grittman stated that it varied. Occasionally buildings possible that all the land would be subdivided with no common areas. Murdoff asked about maintenance and upkeep of the units. Grittman stated that the association documents could be structured in several ways, but that it was common with detached townhome units that the property owner would be responsible for the land on their parcel and exterior building maintenance. Murdoff asked what common area would include. Grittman stated all the grounds and the driveway, with the exception of an area near the foundation of each unit. Grittman added that typically the association documents would include architectural control and be able to enforce property standards. Charlotte Gabler asked with the wetland located in this area if any of the lots would be affected by a conservation easement. Grittman did not believe there was a conservation easement on this area and that only four of the parcels adjoined the pond area. Gabler asked if decks or patios were proposed for those four units. Grittman stated that there was a porch option noted, but they were within the private property. Brad Fyle opened the public hearing and invited the developer to come forward first. Alan Roessler, Paxmar addressed two of the items on Exhibit Z. He noted that staff asked for specific detail on handling Outlot B and D. He asked that the approval be based on that they get the HOA documents to staff and the Planning Commission before final approval to iron out all HOA responsibilities. Roessler stated that their preference was for them to join the existing association, but that the time period to do so has lapsed. They would need to have the existing with splitting the outlots was t own that area and that the existing HOA does. Roessler also commented on the setbacks. He stated the reason for the identified setback areas was to include a greater deck area on the back. He asked for the twenty foot setback specifically on Block 3 because of the existing storm sewer 3 pipe that requires tenfeet spacing. Roessler explained that the existing townhomes have a twenty two foot front yard setback and requested having the same setback. Roessler indicated that he agreed to the remainder of the Exhibit Z comments. Murdoff asked for clarification on the first comment on Exhibit Z. Roessler requested that they would flush out the HOA resp before coming back for final approval. Schumann explained that staff would likely be agreeable to a more general condition, but that the City would need to understand the responsibilities and obligations of the new proposal to the existing or to a new association. Schumann stated the condition must satisfy the concerns of staff especially the City Attorney prior to final stage approval. Schumann explained that the Planning Commission should provide direction on the types of things to cover in their association documents, including maintenance of common area and lots. Roessler clarified that the association would handle snow removal on the driveway and walkways, landscaping for all common and private areas to the house, maintenance of all outdoor space, architectural control, and could also step in if the maintenance became a blight. Murdoff asked if decks would be constructed right away. Roessler indicated that it would be an option, but would consider the request if desired by the Planning Commission. Murdoff also asked for a reason for the setbacks. Roessler indicated that they would like the option to build a deck, without the lesser setback. Roessler explained the option to include a deck, specifically on Block 3, would be obsolete with lesser setbacks. Roessler indicated that the decks were based on a ten by twelve dimension. th Jacob Erickson, 6442 84 Street Northeast, asked about the proposed units with decks facing Gatewater Drive. Grittman responded that the decks would not be encroaching on the side yard. Fyle asked if the deck would not abut the sidewalk. Grittman confirmed. Gabler asked if it would be similar spacing as the decks seen in Autumn Ridge. Grittman confirmed. Erickson mentioned concerns with the appearance and aesthetics of the separated townhome design. Erickson noted concerns with property values and security. Fyle commented that the proposal would be less density than approved, and that the association document would ensure proper maintenance would be kept upheld. Erickson also asked if the architectural stone and other treatments per code would be met. Grittman stated that a specific percentage standard would not need to be met, but that the applicant provided drawings that the Planning Commission could comment on regarding architecture. Grittman stated that typically when calculating the amount of brick and stone required on a residential building, it excludes the garage area. It appears like a significant amount of materials were proposed for the models. Erickson expressed concern with the units with side entrances and the space between the buildings. Grittman stated that all units would need to meet the 4 building and fire code requirements. John Rued stated that the building code requires a minimum of five foot separation from the property line. nd Lloyd Hilgart, 6413 82 Street, expressed concerns with traffic and parking on Gatewater Drive. Hilgart expressed concerns especially when the remainder of the site is built out. He also had traffic concerns with the two proposed homes that face Bakken Street; he asked if there was a reason the one did not face Gatewater Circle. Hilgart also requested that the developer build decks on all the units. He expressed a desire to regulate the amount of each unit style. Kara Moore, 8635 Gatewater Drive, commented that she was concerned about the proposed development of Block 1, Lot 1 as it was originally platted to remain vacant. She asked if there would be a requirement for thirty percent landscaping for the proposed units. Grittman responded that this was a PUD and standards could be negotiated. Staff have asked for additional landscaping information for the units for final approval. Jon Morphew, 8586 Gatewater Drive, commented about the decks and explained allowed the setback. It was noted that most of the homes in that neighborhood included decks. Rued explained that often time developers do not build the decks right away so that the homeowner can customize the deck to their liking. Jacob Erickson, asked that the Planning Commission not approve the units with the doors on the side. He believed they would detract from the development and neighborhood. Hearing no further comment, the public hearing was closed. Murdoff asked if there was a requirement in place for the existing townhomes to have decks. Schumann stated that the design features was a decision of the Planning Commission. Katie Peterson was concerned with the new units fitting in with the townhomes. Fyle indicated that instead of having one large roofline, the homes would be split up with greater architectural detail. Gabler asked if the side entrance design could be changed to have a stoop with beams to match the other design. Roessler indicated that would encroach on the setback. Roessler also added that the following would be built if approved: two of the side entrance home, four of the three car garage home, and the remainder with the 2 stall garage and the alleyway to the front door. Roessler indicated it was the intent in the future to build the same type of unit in the remainder of the outlot. If it was not approved, the attached townhome unit would be completed on the site and the remainder of the outlot. 5 explained the importance of keeping with the original design goals of that development along Gatewater Drive and recommended incorporating some of the design features of those homes into the detached townhome unit. Katie Peterson asked if the units could provide more living space rather than take the existing townhome units that are already approved and built right away and detach them and add additional value and architectural features. They are not proposing to create a unit that is seen on Gatewater Drive. Decision 1: Consideration of Amendment to Conditional Use Permit for PUD and Development Stage PUD approval: BRAD FYLE MOVED TO ADOPT RESOLUTION NO. PC-2017-026, RECOMMENDING APPROVAL OF THE AMENDMENT TO CUP FOR PUD DEVELOPMENT STAGE FOR CARLISLE VILLAGE, CONVERTING 17 ATTACHED TOWNHOUSE LOTS TO 14 DETACHED TOWNHOUSE LOTS, SUBJECT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z WITH REVISIONS THAT CITY STAFF AND THE CITY ATTORNEY WILL HAVE TO BE IN AGREEMENT FOR HOMEOWNERS ASSOCIATION DURING FINAL PLAT AND A 5 FOOT SIDE YARD SETBACK AND A 22 FOOT FRONT YARD SETBACK. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 3-2 WITH SAM MURDOFF AND KATIE PETERSON VOTING IN OPPOSITION. Decision 2: Consideration of Preliminary Plat approval: BRAD FYLE MOVED TO ADOPT RESOLUTION NO. PC-2017-027, RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT FOR TH CARLISLE VILLAGE 6 ADDITION, SUBJECT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z WITH REVISIONS THAT CITY STAFF AND THE CITY ATTORNEY WILL HAVE TO BE IN AGREEMENT FOR HOMEOWNERS ASSOCIATION DURING FINAL PLAT AND A 5 FOOT SIDE YARD SETBACK AND A 22 FOOT FRONT YARD SETBACK. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 3-2 WITH SAM MURDOFF AND KATIE PETERSON VOTING IN OPPOSITION. EXHIBIT Z th Carlisle Village 6 Addition PUD Amendment/Development Stage PUD And Preliminary Plat nd Carlisle Village 2 Addition, Outlot C, and Lots 1-5, Block 1; Lots 1-3, Block 2; Lots 1-4, Block 3; and Lots 1-5, Block 5. 1. The applicants must show either by design and conveyance of land to a new association which they control, or by formal agreement between the current association and the new plat rea of the outlots to the public street. The final alternative must be completed as a part of the application for Final Plat and Final PUD and be approved by the City Attorney. 6 2.The detached units should be designed to meet 5foot side yard setbacks and 22foot front yard setbacks to accommodate standard internal lot line easements and parking use of the front driveway areas. 3. The units adjacent to the existing attached buildings should be designed for submittal of Final Stage PUD documents to incorporate similar materials and colors, including siding, brick, and post design as noted. The unit designs, and designs that are similar in size and façade detail to those proposed shall be the exclusive architecture used in the project, unless an appropriate amendment or adjustment is proposed and approved per the requirements of the PUD zoning regulations. 4. Prepare final Homeowners Association documents meeting the intent of the City and satisfying any concerns of the City Attorney relating to common maintenance and enforcement. As noted in item 1, above, the documents should reflect the clear right of the units proposed by the applicant to cross the common area to the public street. 5. Enforcement of Homeowners Association maintenance requirements shall not be enforced by the City of Monticello, but documents may not be amended without City approval via PUD Amendment until the Association has been turned over to individual homeowners from the control of the developer. 6. Add landscape plantings, including shrubs and perennials, to the private lot improvements for each detached unit, as illustrated in the accompanying building illustrations. 7. The plat lies along Jason Avenue, CSAH 18, and requires the review of Wright County for comment. 8. Comply with the requirements o 9. Comments of other City staff or those of the Planning Commission. B. Continued Public Hearing - Consideration of a request for amendment to the Monticello Comprehensive Plan for the Downtown Small Area Study Applicant: City of Monticello stressed that they would be looking at setting a vision for the downtown area and explained the 1997 plan elements and the changes that have been seen in the downtown. Andrew Dresdner, Cuningham Group, introduced himself and explained the vision of the plan. Dresdner explained that the plan provides guidance in terms of policies, goals, and objectives. It also provides specific recommendations for public and private investments. The plan seeks to attract a specific type of development. Dresdner explained that he hoped the plan would help Monticello to reclaim their downtown. 7 Dresdner explained that the plan is rooted in economic reality, aspirational with outreach and steering committee input provided, and a background in known and successful town building practices. Dresdner noted that walkable, human scale, and experience based places help downtowns thrive. Dresdner noted that the 2010 plan was heavily focused on shopping and that the focus to successful downtowns included more than just shopping, but living, a mix of businesses, and a mix of human experiences. The four primary goals of the plan are: shifting the center of town to Broadway and Walnut, engaging the river more thoroughly, improving the Pine Street experience for everybody, and infills with many small investments, a few medium investments, and one or two large investments. The plan also differs from the 2010 Embracing Downtown Plan because it relies less on large projects and large property assembly. The Small Area Study relies more on partnerships and small, incremental investments. It is more supportive of the traditional form of Broadway with mercantile/retail buildings that face the sidewalk and street. It incorporates a mix of development and land uses. It also builds on what people love and value in Monticello. Dresdner explained that he did not expect all the projects to build out in the next five to ten years and that it would rely on trends. Dresdner broke down the project area into four character areas and explained the recommendations for each. The character areas included: Pine Street, Walnut & Cedar Street, Riverfront, and Broadway. Dresdner stated that conversations with MnDOT were held with the consultants and City Staff to improve Pine Street and understand the feasibility of placing a th traffic signal at Pine Street at 4 Street and closing off the Third Street Boulevard. Dresdner stated that a similar development would occur along Pine Street. He stated that the current buildings would be able to continue in use and form, but if properties would redevelop, buildings should be located at corners with parking in the center. This would allow greater accessibility and shared parking between properties. The plan also suggests robust landscaping and moderate setbacks from sidewalks to parking areas. Dresdner stated that Walnut Street currently has a lot of open space, with parking spaces. The plan suggests infilling these areas with quarter and half block development, primarily being housing. Dresdner recommended that Walnut Street be completed to River Street. Walnut Street between River Street and Broadway Street would be designated as a special street, which would still contain parking. Improvements to Walnut and Broadway were proposed such as clear crosswalks and a four-way stop sign. Mid-block parking and parklets were also proposed. Block 52 was proposed to have a restaurant and East Bridge Park being redesigned to include an amphitheater. 8 Dresdner summarized the primary goals of the plan which included: connecting the grid and connect to the river, enhancing the storefront or main street district on Broadway to include more small scale retail, entertainment, and/or dining uses, to development Pine Street as a regional avenue so that it works for more than just pass through traffic, adding more housing into the core areas of downtown, and to have a new set of river front parks. Dresdner highlighted that private property owners could remain where they are located and operating in the same manner, but the plan indicates that if business conditions change, if the market conditions change, or the property owners want to change, that this plan would be an invitation to partner and guide those properties. Dresdner explained implementation of the plan. He stated that the Planning Commission would probably entertain development regulations, parking policy, complete street discussions, and development plans. Charlotte Gabler appreciated that the plan was revisited to better handle the existing property owners that would be staying around for a while. She also added that parking policy needs to be revisited often. Dresdner indicated that parking is discussed in the later pages of the plan. Brad Fyle opened the public hearing. Shawn Grady, owner of Ace Hardware, indicated that the revisions to the plan did not address his concerns with parking. He was concerned with removing parking with infill housing. He indicated when special events occur in the City, his parking is taken up by other non-customers. He also did not believe the shared parking concept would work for all. Grady also stated that the plan has people asking him when he is moving his business. Gabler explained that it was the favor of developing downtown Monticello. He liked some of the changes that were made to the plan, especially for parking. His concerns were with the amount of traffic along Broadway Street, especially because his clients would be crossing Broadway Street if parking at the City-owned parking lot. He expressed that changes to the intersection of Broadway Street and Walnut Street were important. Murray asked to be flexible in thinking and to not develop to the point where parking concerns would exist. Murray added the importance of ensuring traffic concerns would be addressed for safety with any development change. Dresdner responded to the traffic concerns. He explained that traffic calming strategies were identified in the plan. Gabler indicated the next step was application. She asked if the entire downtown district could be included as a PUD type area. Angela Schumann responded that flexibility and partnerships could be worked with and that a steering committee 9 would be instrumental in moving the plan forwardin terms of zoning ordinance amendments. Steve Johnson, private property owner of commercial property in Block 52, explained that the plan did not adequately represent Monticello. Johnson explained that the plan seems highly prescriptive and the plan was under-parked, especially for Block 52. Johnson mentioned some of the history of downtown and stated that assessments were made to property owners in the downtown for such improvements such as public parking lots. He also stated his favor of having a district, similar to a PUD area that would allow flexibility to achieve the highest and best use of the land. Johnson stated with a PUD, the Planning Commission and City Council would also have the ability to comment. Johnson also suggested keeping with three parking spaces per thousand square feet. Hearing no further comments, Brad Fyle closed the public hearing. Fyle indicated the difficulty in making it safe to cross Broadway Street and the overall implementation of the plan. Dresdner explained that MnDOT stated that they would be willing to place curb extensions along Broadway Street. Discussion about a four-way stop sign at Walnut Street and Broadway Street was also discussed. Dresdner stated crossing Broadway Street was well within reach and possible, per discussions with the State, County, and City Staff. Dresdner stated that this plan was for the people that live in Monticello, not the people passing through. Dresdner also added that parking changes occur incrementally. Evaluation would need to occur with any incremental parking changes. Schumann indicated that the Parks Commission and EDA board both unanimously recommended approval of the plan. SAM MURDOFF MOVED TO RECOMMEND THE ADOPTION OF THE CITY OF MONTICELLO DOWNTOWN SMALL AREA PLAN TO THE CITY COUNCIL AS PRESENTED, BASED ON FINDINGS IN RESOLUTION PC- 2017-028. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. 3. Regular Agenda A. Consideration of the Housing Market Report 2017 Angela Schumann stated that the Monticello EDA had a contract with WSB & Associates to help prepare economic development strategies, which included preparing an update to the current housing stock. A housing study has been prepared and reviewed by the EDA. She stated that the housing study would provide useful background information to help inform land use decisions residential in nature and as the Planning Commission considers a new Land Use Plan in 2018. 10 Brad Fyle asked who wanted the plan to happen. Schumann stated that the EDA ng and redevelopment authority and that they were looking for a better platform for to base their decision making. Kurt Bearinger introduced himself and Jim Gromberg from WSB & Associates and presented the report. Bearinger indicated that by 2020, Monticello was expected to be close to 15,000 people with an additional average growth of 179 per year. The median value for single family housing value was set at about $180,000, with 16 percent of units having a value of $250,000 or more. Bearinger stated that housing costs in Monticello were relatively affordable, however nearly were burdened by expenses. It was stated that Monticello has a good mix of owner occupied versus rental compared to county and state trends. Bearinger stated they believed the housing demand would continue. Recommendations included monitoring rental vacancy rates and availability, conversion of vacant units to rental properties, maintaining a low housing cost, increasing affordable rental housing inventory to maintain options, ensuring adequate amounts of owner/rental units for higher-income individuals looking to downsize, and increasing senior housing options. Brad Fyle explained that the report indicated that some of the rental rates were $200 and asked if that was after assistance or if that anybody could rent at that rate. Gromberg explained that it would be after government assistance. Marc Simpson asked what the number of available housing lots. Gromberg stated that it was not a part of the study, but estimated that it was under one hundred. John Alstad asked what the barriers to converting vacant homes into rental properties. Gromberg suggested looking on a block basis at the homes and their value. Then the City can step in to determine how to facilitate and get the best use out of sites. Gromberg stated that the EDA discussed how to move forward with programs to assist property owners. Charlotte Gabler asked if the EDA had a plan for converting vacant homes into rental properties. Schumann stated that the EDA wanted the foundation found in the plan first before voting on any programs. She stated that the EDA would probably look at a mixed approach such as a transformation home loan program along the core of downtown. The Planning Commission was not asked to make any formal decision on the plan. B. Consideration to call for a public hearing on Monticello Zoning Ordinance Chapter 4, Section 13 Telecommunication Towers and Antennas as related to Small Cell and Wireless Telecommunication standards Angela Schumann stated that the Minnesota Legislature saw the need for a change to wireless telecommunications support. Schumann explained that the City needs 11 to respond to how tomanage wireless telecommunication structures in public rights-of-way. Fyle asked if the League of Minnesota Cities was recommending the changes. look at their right-of-way ordinances or adopt right-of-ordinance (which the City of Monticello does not have) and to look at related ordinances such as telecommunications towers and antennas. SAM MURDOFF MOVED TO CALL FOR A PUBLIC HEARING ON RD TUESDAY, OCTOBER 3, FOR AMENDMENTS TO MONTICELLO ZONING ORDINANCE CHAPTER 4, SECTION 13 TELECOMMUNICATION TOWERS AND ANTENNAS AND RELATED SECTIONS AS RELATED TO SMALL CELL AND WIRELESS TELECOMMUNICATION STANDARDS. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Consideration of the Community Development Directors Report Angela Schumann provided the Community Development Directors Report and provided an update on recent action decisions. Schumann noted the unveiling of a new Swan sculpture at the intersection of Broadway and Highway 25 sponsored by the EDA, Ellison Family members, and Sue Seeger. Schumann also thanked the Parks Department for their work on the landscaping. Schumann lastly noted that GTS was hosting a number of educational trainings for Planning Commissioners if interested. Added Items: Charlotte Gabler asked about the monument sign located at Broadway Crossing. Angela Schumann stated that staff would look at the shape and maintenance as it relates to the City Code. 4. Added Items 5. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 9:07 PM. SECONDED THE MOTION. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander ____ rd Approved: October 3, 2017 Attest: ____________________________________________ 12 Angela Schumann, Community Development Director 13 Planning Commission Agenda –10/03/2017 2A.Consideration of a request forPreliminary andFinal Plat approval for a portion of Outlot Dof Otter Creek Crossing; PID: 155-171-000040. Applicant: Chadwick, John/John Chadwick Farms, LLC.(NAC) Property:Legal: Outlot Dof Otter Creek Crossing, see plat for full legal PID:155171000040 Planning Case Number: REFERENCE & BACKGROUND Request(s):Preliminary andFinal Plat approval. Deadline for Decision:January 24, 2018 Land Use Designation:Places to Shop Zoning Designation:B-3,RegionalBusinessDistrict The purpose of the “B-3” (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Overlays/Environmental Regulations Applicable:Freeway Bonus Sign District Current Site Use:The site is currently vacant. Surrounding Land Use: The site is located northeast of the Groveland residential development, and is zoned B-3 commercial. The site is bordered to the east by interstate 94. It is bordered to the southwest by Chelsea Road West, to the northwest by agricultural land, and to the southeast by Moon Motorsports. Project Description: The applicantproposesto split the current outlot parcel, which is a portion of Outlet D of Otter Creek Crossings (there is currently no address for this site) into three lots. The southeast corner of the existing property is tobe splitintoproposed Lot 1,a new 5acre parcel, proposed Lot 2is tobe a 5 acre parcel, and the remaining proposed Lot 3will bea 1 Planning Commission Agenda –10/03/2017 9.32 acre parcel. The applicant is proposing both the preliminary and final plat of the site, with the knowledge that a more in-depth review will need to be conducted for each parcel at the time the future applicant submits any required CUP and/or site and building plan applicationswith more detailed plans. The property was original preliminary platted at the time of the Otter Creek Crossing industrial development. However, since the property was left as outlots beyond the date allowed by the subdivision ordinance, a new Preliminary Plat is necessary, along with the required Final Plat, is necessary to ready the property for development proposals. The property in question was recently the subject of a rezoning request which rezoned the property from B-4, Regional Business to B-3, Highway Business. The purpose of the rezoning, and now the proposed plat, is in anticipation of an application for development of Lots 1 and 2 of the proposed platas an automobile dealership. That process will occur subsequent to subdivision approvaland would require an application for conditional use permit. Preliminary and Final Plat Review. Lots.There is no minimum or maximum required lot areawithin the B-3 HighwayBusiness District.Minimum lot width is 100 feet, which all lots exceed. th Name of Subdivision.The subdivision name, Otter Creek Crossing 5Addition, is included on the submitted final plat. Location. The plat drawings containlocation by section, township, range, county and state, including descriptive boundaries whicharemathematically close as required by the Subdivision Ordinance. Monuments.The location of monuments meets the requirements ofthe Final Plat standards in the Subdivision Ordinance. The proposed plat will also need to be submitted to MnDOT for review. Location of Other Features.The submitted final plat meets the requirements to show the location of lots, street, public highways, alleys, parks, and other features with accurate dimensions. Lots and Blocks.All lots and blocks are numbered clearlyincluding: proposed Lot 1, 2,and 3,as well as the surrounding properties as required. Dedicated Roads. There are no new dedicated roads shown. The subdivision gains its access frontage from Chelsea Road, and does not anticipatea need for additionaldedicated roadwayas it is developed.The applicant must submit a 2 Planning Commission Agenda –10/03/2017 more sufficiently detailed building plan as a part of the subsequentCUP and/or site plan application, as applicable to each lot. Easements. The location, width, and intended use of all easementsin the parcel are shown. There is a drainage and utility easement lining the perimeter of the parcel, four new drainage and utility easements lining the proposed lot lines, consistent with the requirements of the Subdivision Ordinance. Anadditional drainage easement isidentified in proposed Lot 3. The City Engineer is working with the applicants to verify the proper alignment of that easementbased on the drainage patterns on the property. All perimeter easements meet the requirements of the Subdivision Ordinance. Dedication Statement. The submitted final plat containsthe necessary statement dedicating all proposed drainage easements. As noted above, there are four drainage and utility easements being proposed lining the lot lines of proposed lots. Erosion and Sediment Control.Preliminary plat requirements necessitate the need for erosion and sedimentcontrol plans for construction on the site. The applicant is applying in phases, and will have to attach the plan with the CUP application. Drainage. The City Engineer will provide recommendations on proposed grading and existing stormwater movement within the subject property as a part of final approval, as well as at the timethe applicant files development applications for each parcel. Wetlands. The site does not contain wetlands.The Stormwater Pollution Prevention Plan will be reviewed as part of the site plan review process. Open Space and Landscaping. The applicant will have to provide a landscaping plan during the development planphase as part of the site plan review process.Areas of existing tree cover are to be identified on the site plans. B.ALTERNATIVE ACTIONS Decision 1: AdoptingResolution No. PC-2017-032recommending approval ofthe th preliminary and final plat forOtter Creek Crossing 5Addition. 1.Motion to adoptResolution PC-2017-032recommending approval ofthe th preliminary and final plat forOtter Creek Crossing 5Addition, contingent on compliance with those conditions specified in Exhibit Z and based on findings in said resolution. 3 Planning Commission Agenda –10/03/2017 2.Motion denying Resolution PC-2017-032for the final plat for Otter Creek th Crossing 5Addition, based upon findings to be made by the Planning Commission 3.Motion to table action on the request, pending additional information as identified by the Planning Commission and staff report. C.STAFF RECOMMENDATION Staff recommends approval of the platbased on the finding that the design ofthe subdivided lots will adhereto Subdivision Ordinance standards for a finalplat, but subject to those conditions in Exhibit Z. D.SUPPORTING DATA A.Resolution PC-2017-032 B.Aerial Site Image C.Applicant Narrative D.Certificate of Survey,Preliminary Plat E.Final Plat Exhibit Z th Preliminary and Final Plat of Otter Creek Crossing 5Addition A portion of Outlot D, Otter Creek Crossing PID 155171000040 1.Plat approval is contingent on review and comments of MnDOT. 2.Development approvals subject to subsequent zoning and site plan review. 3.Applicant shall enter into a development agreement for the plat. 4.Compliance with the recommendations of the City Engineer, including those relating to the proposed drainage easement and site stormwater management. 4 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. PC-2017-032 A RESOLUTIONAPPROVING THE PRELIMINAY AND FINAL PLAT TH FOR OUTLOT D OF OTTER CREEK CROSSING 5ADDITION WHEREAS, John Chadwick Farms, LLC has requested approval of the final plat for Outlot D of th Otter Creek Crossing 5Addition; and WHEREAS, the Planning Commission has reviewed the preliminary and final plat application and documents pursuant to the regulations of the Monticello Subdivision Ordinance; and rd WHEREAS, the Planning Commission held a public hearing on October 3, 2017 on the application and the applicant 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. WHEREAS,the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The Plat provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed improvements and parcels to commercial uses. 2. The proposed improvements on the site under the Preliminary Plat are consistent with the needs of the development in this location as a commercial area. 3.The improvements will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the Preliminary Plat and Final Plat for the Otter Creek 5thAddition, subject to the conditions listed in Exhibit Z of the staff report as follows: 1.Plat approval is contigent on review and comments of MnDOT. 2.Development approvals subject to subsequent zoning and site plan review. 3.Applicant shall enter into a development agreement for the plat. 1 4.Compliance with the recommendations of the City Engineer’s report, including those relating to the proposed drainage easement and site stormwater management. rd ADOPTEDthis 3day of October 2017, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ______________________________ Angela Schumann, Community Development Director 2 PROJECT NARRATIVE September 25, 2017 RE: Preliminary and Final Plat Property: XXXX Chelsea Road West, Monticello, MN Otter Creek Crossing, 19.32 acres, Outlot D PID #155-171-000040 Owner / Applicant: John Chadwick Farms, LLC. 4477 Manitou Road Excelsior, MN 55331-9448 The applicant is requesting a preliminary and final plat. The property is 19.32 acres. The applicant is proposing to divide the property into 3 lots. Lot 1, Block 1 is 5 acres. Lot 2, Block 1 is 5 acres. Lot 3, Block 1 is 9.32 acres. Lot 1 and Lot 2 will be sold to Ryan Buffalo Land Company, LLC. Ryan Automotive Group intends on constructing a Chrysler dealership on Lot 1, Block 1 in 2018. They have plans for Lot 2, Block 1 however that those plans have not been finalized. Any requirements regarding development and construction will be handled by Ryan Automotive Group when they submit their development plans and CUP application. The Property has recently been rezoned to B-3 to allow for Auto Sales and Service. The owner / applicant is completing the platting process and will be selling the lots which will be developed by another party. Planning Commission Agenda –10/03/2017 2B.Public Hearing –Consideration of a request for Conditional Use Permit for Micro- Brewery/Taproom in CCD (Central Community District) and Text Amendment to Monticello Zoning Ordinance, Section 5.2 and 5.3 to allow outdoor seating for Production Breweries and Micro-Distilleries and Conditional Use Permit for outdoor seating for Production Breweries and Micro-Distilleries.Applicant: Zach Barthel/Sina Nyland, Nordic Brewery.(NAC) Property:PID 155-500114201/155-029001040 Address: 530 Cedar Street Planning Case Number:2017-033 A.REFERENCE & BACKGROUND Request(s):Conditional Use Permit toopen a brewery/taproom facility in the CCD, and an amendment to the zoning ordinance to accommodate an accessory outdoor seating area. th Deadline for Decision:November 7, 2017 Land Use Designation:Places to Shop Zoning Designation:CCD –F3(Transition) The purpose of the “CCD”, Central Community District, is to provide for a wide variety of land uses, transportation options, and public activities in the downtown Monticello area, and particularly to implement the goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Embracing Downtown Monticello report and its Design Guidelines Overlays/Environmental Regulations Applicable:NA Current Site Use:Shopping Center Surrounding Land Uses: North: Multi Family Residential East:Mixed Residential South:Multi Family Residential West:Commercial Retail 1 Planning Commission Agenda –10/03/2017 Project Description: The applicant is seeking to establish a production brewery and taproom facility in a portion of an existing multi-tenant commercial building. The space to be utilized for the facility has been a series of different commercial enterprises over the years, including a bar and restaurant. The remainder of the building is occupied by a variety of commercial tenants, including retail and professional services. In addition to the brewery/taproom itself, the applicant is seeking approval to accommodate an outdoor seating area on the east side of the building. This area includes a significant amount of additional parking that was first constructed to support the previous restaurant tenant, including an outdoor seating area in the same location as that now proposed. The amendment is necessary as when the City updated its CCD zoning, outdoor seating was not specifically carried into the new code, even though it exists, or has existed, in other CCD locations (including the proposed location previously). The proposed space consists of 10,000 square feet, and would include brewery space, office and support space, the taproom seating area, future kitchen, and a special event space of approximately 2,000 square feet. The applicant would provide access to the outdoor seating via a rear hallway leading to exterior doors on the east side of the building. ANALYSIS Conditional Use Permit.Specific Zoning Requirements.The zoning ordinance lists the following specific standards for these uses (with staff comments included): (24) ProductionBreweries and Micro-Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the CCD, B-3 and B-4 Districts, provided that: (a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to Minn. Statutes Section 340A.301.This will be a requirement of the applicant’s liquor license. (b) The Brewery or Micro-Distillery includes an accessory brewer's taproom or cocktail room for theon-sale of products produced on-site, and such room shall require the applicable license from the City of Monticello, according to City Code Section 3-1-13.Approximately 3,000 square feet of the 10,000 square foot facility would be devoted to taproom seating and bar/service area. 2 Planning Commission Agenda –10/03/2017 (c) On-site sale of beer in the form of growlers shall require a Brewery License for Off-Sale of Malt Liquor, according to City Code Section 3-1-13. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello.This will be a requirement of the applicant’s liquor license. (d) Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license. The applicants propose a capacity of 600 barrels per year. (e) A micro-distillery may be issued a license for off-sale of distilled spirits. Not applicable to this application. (f) Total production of liquor may not exceed 40,000 proof gallons annually. Not applicable to this application. (g) The breweryor micro-distillery facility provides adequate space for off-street loading and unloading of all trucks greater than twenty-two (22) feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted.The applicants should indicate how deliveries, along with future shipping of packaged products, will be made. No loading docks serve the building. Deliveries could be accommodated from the rear without interfering with tenant parking. (h) Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.No loading docks are proposed. (i) No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.The plan does not show exterior waste handling, which is expected to be addressed indoors. (j) No odors from the business may be perceptible beyond the property line.This type of facility is not expected to produce eternal odors. (k) The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment.The building is an existing facility in downtown Monticello. The applicants do not propose to make changes to the exterior, with the exception of business signage. (l) The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas.The application materials include a detailed floor plan. No bottling facilities are shown. The applicants indicate that they would like to distribute packaged products in the future. The applicants should identify the process and requirements of the packaging and storage/shipping activities. 3 Planning Commission Agenda –10/03/2017 (m)All exterior lighting shall be compliant with Chapter 4.4 of the Monticello. The applicant is not proposing new exterior lighting, which exists as a part of the current building. Many of these requirements apply to new construction, or to issues that may come up in an industrial setting. The applicant’s plans and narrative indicate the ability and/or intent to comply with each of the requirements, with the notations above that additional detail is necessary regarding deliveries, packaging and shipping, and confirmation that no exterior storage of waste products is planned. The proposed floor plan shows a layout that provides the following spaces: Space:Parking Demand: Taproom/Seating:2,235 s.f.1 space per 40 s.f. Office: 633 s.f.1 space per 250 s.f. Bar/Service: 757 s.f.1 space per 80 s.f. Brewery Area: 895 s.f.1 space per 350 s.f. Future Kitchen: 486 s.f.1 space per 80 s.f. Event Space:2,003 s.f.1 space per 40 s.f. Parking demand for the facility would be calculated as shown above, with a total requirement of 125 parking spaces at full capacity (including the event space, which would require 50 spaces). The applicants indicate that the property includes 174 parking spaces. The other tenants in the building, occupying a total of approximately 14,800 square feet, are most commonly daytime users, although the pizza restaurant would have competing hours. In the CCD, a parking ratio of one space per 350 square feet applies to common retail and service uses, resulting in a parking demand for the other tenants in the building of 43 parking spaces. The applicant proposes hours that would be, eventually, Monday through Friday, 3 p.m. to 10 p.m.; 11 a.m. to 10 p.m. Saturday; and 11 a.m. to 6 pm Sunday. There should be more than adequate parking between the front and rear parking lots to accommodate the demand. Zoning Text Amendment.Thecurrent version of the CCD zoning does not make specific provision for outdoor seating areasfor breweries, althoughthe commercial use section of the ordinancehas a provision for accessory use outdoor seating areas for principal use restaurants. To address this,the applicants have applied for an amendment to specifically accommodate the outdoor seatinguse. The following proposed amendments would add anoutdoor seating provision witha series of requirements that would apply toany restaurant,brewery taproom, or brewpub, subject to specific provisions as follows: 4 Planning Commission Agenda –10/03/2017 Section 5.3 (27)Outdoor Seating –Accessory to Restaurant, Restaurant/Bards, Production Brewery with Taproom, Micro-distillerywith Cocktail Room, and/or Brewpubs (a) For all restaurants, restaurant/bars,production brewery with taproom, micro-distillery withcocktail room, and/or brewpubs, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization througha conditional use permit. (ii) Primary access from local residential streets shall be prohibited. (b) Restaurants,restaurant/bars, production brewery with taproom, micro- distillery with cocktail room, and/or brewpubs having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. unless a Special Event Permit for such events has been approved by the City Council. Such a permit supercede the provisions of City Code 6-1-10(B). (ii) No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. (iii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (iv) Outdoor seating shall be fenced and enclosed to control access to the area, with service only from theinside of the facility. (v)No outdoor seating area shall be located within one hundred feet (100’) of any property containing single family, two family, or townhouse residential units. (vi) Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property. (vii)All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property. The clause above would allow such facilities, subject to these provisions, as permitted uses when more than 300 feet from residential property, and would add a separate Conditional Use Permit requirement for the outdoor seating if closer than this dimension. The clause prohibits the use when within 100 feet of low tomid-density residential properties. The Nordic facility would comply with these requirementsbased on the site plan materials provided and subject to the conditions outlined above.Nordic has proposed a seating area in the rear of the building, as well as a small area in the front of the building. The rear seating area would require compliance with the standards above, 5 Planning Commission Agenda –10/03/2017 while the front seating area would fall under the zoning ordinance provisions for Outdoor Sidewalk Sales & Display. Staff is not aware of any existing facility that would be in jeopardy of violation or non-conformity with this amendment. B.ALTERNATIVE ACTIONS Decision 1. Conditional Use Permit for Production Brewery with Taproom in the CCD 1.Motion toadoptResolutionNo. PC 2017-29recommending approval of the Conditional Use Permit for a proposed Production Brewery with Taproom, subject to the conditions in Exhibit Z, and based on findings in said resolution. 2.Motion to denyadoption of ResolutionNo. PC 2017-29based on findings to be stated at the public hearing. 3.Motion to table action on Resolution No. PC 2017-29subject to submission of additional information. Decision 2. Zoning Text Amendment to accommodate Outdoor Seating as an accessory use to Production Brewery with Taprooms and similar uses. 1.Motion to adopt Resolution No. PC 2017-030recommending approval of the proposed zoning text amendment, based on findings in said resolution. 2.Motion to deny adoption of Resolution No.PC 2017-030, based on findings to be stated atthe public hearing. 3.Motion to table action on Resolution No. PC 2017-030, subject to submission of additional information. Decision 3. Conditional Use Permit Outdoor Seating for Production Brewery with Taproomin the CCD 1.Motion to adopt Resolution No.PC 2017-031recommending approval of the Conditional Use Permit for a proposed accessory outdoor seating for a Production Brewery with Taproomwithin 300 feet of residential property, subjectto the conditions in Exhibit Z, and based on findings in said resolution. 2.Motion to deny adoption of Resolution No. PC 2017-031based on findings to be stated at the public hearing. 6 Planning Commission Agenda –10/03/2017 3.Motion to table action on Resolution No. PC 2017-031subject to submission of additional information. C.STAFF RECOMMENDATION Withregard to Decision 1, Staff recommends approval of the CUP for production brewery with taproom. As discussed f, the applicant does, or is able to, meet each of the requirements for this Conditional Use Permit, and the location is appropriate and sufficiently developed to support a use of this intensity. There are a few specific details that the applicant will need to verify as a part of this approval, including a requirement for all indoor trash handling, a description of the loading and unloading for the use that does not interfere with other building tenants, and a description of the proposed packaging process, including shipping requirements of the site (truck size, location, etc.). The applicant will need to verify completion of all required licensing, and provide signage details compliant with City sign ordinance requirements at the time of their request for a sign permit. With regard to Decision 2, staff further recommends approval of the ordinance amendment. With the details proposed, outdoor seating for these types of uses – some of which would not otherwise be able to accommodate outdoor seating –would be allowed in a reasonable manner that should not impact nearby residential uses. Finally, staff recommends approval of Decision 3, the Conditional Use Permit for outdoor seating for this facility. The applicants indicate that this use would be a “future” addition to the site. The proposed location is able to meet the requirements of the proposed ordinance, and the applicants will need to demonstrate compliance with complete plans for staff review prior to installation and use of the seating area. D.SUPPORTING DATA A.Resolution PC-2017-029 B.Resolution PC-2017-030 C.Resolution PC-2017-031 D.Draft Ordinance, No. 6XX E.Aerial Image, Subject Site F.Applicant Narrative and Site Plans G.Applicant Ordinance Information H.Aerial Site Plan Rendering Z. Conditions of Approval 7 Planning Commission Agenda –10/03/2017 EXHIBIT Z NORDIC BREW HOUSE & TAPROOM Conditional Use Permit for Production Brewery with Taproom and Conditional Use Permit for Accessory Use Outdoor Seating 542Cedar Street 1.The applicant completes all federal, state and local licensing applications necessary as specified in the City Code and Zoning Ordinancefor the production brewery and taproom. 2.The applicant sells only the products of the brewery produced on-site. 3.Deliveries are only by passenger vehicle or light truck, and do not utilize the public right-of-way. 4.The outdoor portions of the restaurant shall not operate after 10:00 P.M. unless a Special Event Permit for such events has been approved by the City Council. Such a permit supersedesthe provisions of City Code 6-1-10(B). 5.No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. 6.The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. 7.Outdoor seating shall be fenced and enclosed to control access to the area, with service only from the inside of the facility. 8.Outdoor seating area shall be subject to all applicable licensing requirements as necessary relating to the brewery and taproom use. 9.No outdoor seating area shall be located within one hundred feet (100’) of any property containing single family, two family, or townhouse residentialunits. 10.Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property. 11.All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property. 12.The addition of brewery capacity beyond the current size (600 barrels per year) would require an amendment to the CUP. 13.The addition of packaging facilities for wholesale distribution would require an amendment to the CUP, or the applicant shall provide details showing how the 8 Planning Commission Agenda –10/03/2017 packaging will work within the terms of the proposed CUP as a part of the public hearing. 14.Compliance with therequirements of the City Engineer as relating to the project. 15.Compliance with the comments of other staffand Planning Commission. 9 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-029 RECOMMENDINGAPPROVAL OF A CONDITIONAL USE PERMITFOR A BREWERY/TAPROOM FORNORDICBREWING ADDRESS: 530 CEDAR STREET (INSERT LEGAL) WHEREAS,the applicant has submitted a request tooccupy a portion of the subjectproperty to operate a brewery/taproomfacility;and WHEREAS, the site is zoned CCD (F-3), which allows such use by Conditional Use Permit; and WHEREAS, the proposed use and development are consistent with the Comprehensive Land Use Plan designation of “Places to Shop” for the area; and WHEREAS, the applicants have provided materials documenting compliance with the terms of the applicable zoning regulations; and WHEREAS, theusesare consistent withthe intent and purpose of the CCDzoning district; and WHEREAS,theuseswill not createany unanticipated changes to the demand for public services on or around the site; and rd WHEREAS,the Planning Commission held apublic hearing on October 3, 2017on the application and the applicant 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 of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The proposed usesare consistent with the intent and purpose of the CCD, Central Community ZoningDistrict. 2.The proposed usesare consistent with the existing and future land uses in the area in which they are located. 3.The impacts of the improvementsare those anticipated by commercialland uses and are addressed through standard review and ordinances as adopted. 4.The brewery/taproommeetsthe intent and requirements of the applicable zoning regulations, pursuant to the conditions attached to the Conditional Use Permit. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-029 5.Parking is found to be adequatebased on the available off-street parking on the property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota,that the Planning Commission hereby recommends that the Monticello City Council approves the Conditional Use PermitforBrewery/Taproom,subject to the conditions listed in Exhibit Z as follows: 1.The applicant completes all federal, state and local licensing applications necessary as specified in the City Code and Zoning Ordinance for the production brewery and taproom. 2.The applicant sells only the products of the brewery produced on-site. 3.Deliveries are only by passenger vehicle or light truck, and do not utilize the public right-of-way. 4.The outdoor portions of the restaurant shall not operate after 10:00 P.M. unless a Special Event Permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code 6-1-10(B). 5.No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. 6.The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. 7.Outdoor seating shall be fenced and enclosed to control access to the area, with service only from the inside of the facility. 8.Outdoor seating area shall be subject to all applicable licensing requirements as necessary relating to the brewery and taproom use. 9.No outdoor seating area shall be located within one hundred feet (100’) of any property containing single family, two family, or townhouse residential units. 10.Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property. 11.All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property. 12.The addition of brewery capacity beyond the current size (600 barrels per year) would require an amendment to the CUP. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-029 13.The addition of packaging facilities for wholesale distribution would require an amendment to the CUP, or the applicant shall provide details showing how the packaging will work within the terms of the proposed CUP as a part of the public hearing. 14.Compliance with the terms of the City Engineer’srecommendations as related to the project. 15.Compliance with the comments of other staffand Planning Commission. rd ADOPTEDthis3dayof October, 2017by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-030 RECOMENDINGAPPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE RELATINGOUTDOOR SEATING AS AN ACCESSORY USETO RESTAURANTS, BARS, PRODUCTION BREWERY TAPROOMS, MICRO-DISTILLERIES, COCKTAIL ROOMS, AND BREW PUBS WHEREAS,the City finds that outdoor seatingaccessory to dining and drinking establishments is an important part of such facilities; and WHEREAS,facilitation of such uses hasthe potential to support and enhance the City’s economic development efforts; and WHEREAS, thecurrent city ordinances donot make adequate provision for such uses; and rd WHEREAS,the Planning Commission held a public hearing on October 3, 2017 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 of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.Changes to the ordinance are necessary to accommodate the proposed land uses. 2.Accommodating the proposed uses is consistent with the City’s economic development goals for new business, tourism and recreation activities. 3. The proposed amendments comprise a reasonable opportunity for these uses to locate in appropriate districts in the City. 4. The proposed amendments provide reasonable regulation of the potential impacts of such uses on surrounding land. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota,that the Planning Commission hereby recommends that the Monticello City Council approves the proposed amendments to the zoning ordinance. rd ADOPTEDthis3dayof October, 2017,by the Planning Commission of the City of Monticello, Minnesota. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-030 MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-031 RECOMMENDINGAPPROVAL OF A CONDITIONAL USE PERMITFOR AOUTDOOR SEATING ACCESSORY TO A BREWERY/TAPROOM FOR NORDICBREWING ADDRESS: 530 CEDAR STREET (INSERT LEGAL) WHEREAS,the applicant has submitted a request tooccupy a portion of the subjectproperty to operate a brewery/taproom facility;and WHEREAS, the site is zoned CCD (F-3), which allows suchprincipal use by Conditional Use Permit; and WHEREAS, the applicant has concurrently requested an amendment to the Monticello Zoning Ordinance to accommodate outdoor seating as an accessory use by Conditional Use Permit to such principal use; and WHEREAS, the proposed use and development are consistent with the Comprehensive Land Use Plan designation of “Places to Shop” for the area; and WHEREAS,the applicants have provided materials documenting compliance with the terms of the applicable zoning regulations; and WHEREAS, theusesare consistent withthe intent and purpose of the CCDzoning district; and WHEREAS,theuseswill not create any unanticipated changes to the demand for public services on or around the site; and rd WHEREAS,the Planning Commission held apublic hearing on October 3, 2017on the application and the applicant 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 of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The proposed usesare consistent with the intent and purpose of the CCD, Central Community ZoningDistrict. 2.The proposed usesare consistent with the existing and future land uses in the area in which they are located. 1 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-031 3.The impacts of the improvementsare those anticipated by commercialland uses and are addressed through standard review and ordinances as adopted. 4.The brewery/taproommeetsthe intent and requirements of the applicable zoning regulations, pursuant to the conditions attached to the Conditional Use Permit. 5.Parking is found to be adequatebased on the available off-street parking on the property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota,that the Planning Commission hereby recommends that the Monticello City Council approves the Conditional Use PermitforBrewery/Taproom,subject to the conditions listed in Exhibit Z as follows: 1.The applicant completes all federal, state and local licensing applications necessary as specified in the City Code and Zoning Ordinance for the production brewery and taproom. 2.The applicant sells only the products of the brewery produced on-site. 3.Deliveries are only by passenger vehicle or light truck, and do not utilize the public right-of-way. 4.The outdoor portions of the restaurant shall not operate after 10:00 P.M. unless a Special Event Permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code 6-1-10(B). 5.No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. 6.The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. 7.Outdoor seating shall be fenced and enclosed to control access to the area, with service only from the inside of the facility. 8.Outdoor seating area shall be subject to all applicable licensing requirements as necessary relating to the brewery and taproom use. 9.No outdoor seating area shall be located within one hundred feet (100’) of any property containing single family, two family, or townhouse residential units. 10.Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-031 11.All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property. 12.The addition of brewery capacity beyond the current size (600 barrels per year) would require an amendment to the CUP. 13.The addition of packaging facilities for wholesale distribution would require an amendment to the CUP, or the applicant shall provide details showing how the packaging will work within the terms of the proposed CUP as a part of the public hearing. 14.Compliance with the terms of the City Engineer’srecommendations as related to the project. 15.Compliance with the comments of other staff and Planning Commission. rd ADOPTEDthis3dayof October, 2017by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ____________________________________________ Angela Schumann, Community Development Director 3 ORDINANCE NO.____________ CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10OF THE MONTICELLO ZONING CODE,CHAPTER 5, SECTION 5.3, ACCESSORY OUTDOOR SEATING AREAS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1.Chapter 5, Section 5.3(27)is hereby amended to read as the follows: Section 5.3 (27) Outdoor Seating –Accessory to Restaurant,bar,production brewery with taproom, micro-distillery with cocktail room, and/or brewpubs (a) For all restaurants, restaurant/bars, production brewery with taproom, micro- distillery withcocktail room, and/or brewpubs, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (ii) Primary access from local residential streets shall be prohibited. (b) Restaurants, restaurant/bars, production brewery with taproom, micro- distillery with cocktail room, and/or brewpubs having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the facilityshall not operate after 10:00 P.M. unless a Special Event Permit for such eventhas been approved by the City Council. Such a permit supersedesthe provisions of City Code 6-1- 10(B). (ii) No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m. (iii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (iv) Outdoor seating shall be fenced and enclosed to control access to the area, with service only from the inside of the facility. (v) No outdoor seating area shall be located within one hundred feet (100’) of any property containing single family, two family, or townhouse residential units. (vi) Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property. (vii) All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property. Section 2.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 and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3.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. rd ADOPTED BYthe Monticello City Council this 23day of October, 2017. CITY OF MONTICELLO __________________________________ Brian Stumpf, Mayor ATTEST: ___________________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: Obssbujwf!gps!Dpoejujpobm!Vtf!Qfsnju!Bqqmjdbujpo Uif!Opsejd! 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Uijt!xpvme!cf!3!6y6!tfdujpot!spvhimz!xjui!b!mjuumf!ubcmf!boe!b!dpvqmf!pg!dibjst/ Planning Commission Agenda –10/03/2017 2C.Public Hearing –Consideration of a request for Amendment to Monticello Zoning Ordinance Chapter 4, Section 13 –Telecommunication Towers and Antennas and related Sections as related to Small Cell and Wireless Telecommunication standards. Applicant: City of Monticello.(NAC) Property:Legal:NA Address: NA Planning Case Number:2017-034 A.REFERENCE & BACKGROUND Request(s):Amendment to the Zoning Ordinance establishing regulations for “small-cell” wireless communications facilities, pursuant to recent changes in state law. Deadline for Decision:December 31, 2017 Project Description:During the recent legislative session, the state adopted new regulations permitting certain wireless data providers to locate facilities (poles, antennae, and related technical support equipment) within the public right of way, subject to specific requirements. These changes were made to require accommodation of “small cell” facilities, rather than the “large cell” facilities that have been prominent in the development of the cellular telecommunications industry. Much of the regulation of these facilities will be adopted as a part of a Right of Way ordinance within the general City Code –that ordinance is being addressed by the City Council. Certain aspects of these facilities implicate zoning restrictions, particularly where they may be located within residential or historic areas. As such, these companion zoning amendments are proposed, concurrent with the separate adoption of the Right of Way ordinance. ANALYSIS Section 4.13 of the Monticello Zoning Ordinance regulates various types of wireless communications facilities in the City, applying to (generally) the use of private lands for these facilities. Recently, the telecommunications industry has been promoting the need to locate certain types of facilities (“small cell”) within public right of way, similar to other utility installations such as electrical or telephone. Most cities 1 Planning Commission Agenda –10/03/2017 resisted the unrestricted use of public right of way for this additional use, for both aesthetic and right of way management reasons. Concern over the unregulated proliferation of new poles in the right of way was a part of the aesthetic issue. Placement, management, and potential interference with other existing utilities, as well as street lighting, traffic control signage, and other related issues, raised a greater concern. The state legislature eventually passed new legislation that required cities to allow these installations in the publicright of way, subject to a few limitations. Most of those limitations are built into the Right of Way ordinance, mentioned above, as a part of the general City Code. A few, however, relate to zoning ordinance regulation, and as such, this separate zoning amendment is being considered. The two aspects of the legislation that most directly impact zoning are as follows: (1) The City may require a Conditional Use Permit when such a facility is proposed in right of way that is within a residential zone or an historical district; and (2), the City may limit the height of the support structures (poles), but may not establish a maximum height limit of less than 50 feet. Other than the residential and historic areas, the City must consider the “small cell” installation a permitted use in the right of way, subject to certain provisions that allow for lease, permit, and rent requirements. The proposed amendment is structured to address only those requirements specific to the zoning aspects of the legislation noted above (residential district CUP and height). For all other aspects, the City’s Right of Way ordinance will provide the regulatory requirements. It should be noted that “small-cell” facilities may choose to locate on private property under the current zoning regulations addressing “large cell” facilities. The proposed changes to Section 4.13 are highlighted below: Section 4.13 (E) Wireless Telecommunications Service Antennae and Antenna Support Structures Wireless telecommunications service antennae and antenna support structures, for the purposes of this ordinance, shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless “cellular” telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications. “Small cell” wireless antennae and antenna support structures, defined exclusively as those facilities that are fifty (50) feet or less in height and located within the public right of way subject to the City’s Right of Way 2 Planning Commission Agenda –10/03/2017 ordinance, are generally excepted from these provisions. Such facilities are subject to the provisions of Section 4.13 (E)(3). (1) Wireless Telecommunications Service Antennae (a) Co-location of antennae for personal wireless services shall be a conditional use in all zoning districts on any existing conforming antenna support structure. (2) Wireless Telecommunications Service Antennae Support Structures (a) Except as otherwise allowed by Section 4.13(E)(2)(b) below, support structures for personal wireless service antennae shall be allowed as an accessory use only by conditional use permit, subject to the following provisions: (i) Antenna support structures for personal wireless services shall be no greater in height than the maximum height requirements of the zoning district in which the antenna support structure is located, unless otherwise allowed within this section. (ii) Antenna support structures for personal wireless services “A-O” zoning district, all residential zoning districts and the “B-1” zoning district shall be required to be attached to, or mounted upon, the principal building, and shall match said building in color and other design features so as to minimize visibility. (iii) Antenna support structures for personal wireless services in the “B-2”, “B-3” and “B-4” zoning district shall be limited in height to seventy five (75) feet as measured from the natural grade at the location of the structure. (iv) Antenna support structures for personal wireless services in the “I”, Industrial districts shall be limited in height to one hundred fifty (150) feet as measured from the natural grade at the location of the structure. (v) Any antenna support structure shall be designed to accommodate the colocation of other antenna arrays. (vi) Any freestanding antenna support structure shall be of monopole design. (vii) All freestanding antenna support structures for personal wireless services shall be painted a galvanized light-grey color. 3 Planning Commission Agenda –10/03/2017 (b) Support structures for personal wireless service antenna may be allowed as an accessory use by Conditional Use Permit on residentially zoned lots occupied by public uses, subject to the following provisions: (i) The site upon which the antenna support structure is located is occupied by a principal structure. (ii) In no case shall an antenna support structure exceed one hundred ninety nine (199) feet as measured from natural grade at thelocation of the structure. (iii) Any antenna support structure shall be designed to accommodate the colocation of other antenna arrays. (iv) Any freestanding antenna support structure shall be of monopole design. (v) All freestanding antenna support structures for personal wireless services shall be finished with a galvanized light-grey color. (vi) The provisions of Section 4.13(F) of this Chapter are satisfied (3)“Small Cell” Wireless Facilities. (a)“Small cell” wireless service antennae and antennasupport structures shall require a Conditional Use Permit when located in the right of way adjacent to any residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings,or other residential use, or any historic district. The CUP shall be reviewed pursuant to the provisions of Section 2.4(A) of the Monticello Zoning Ordinance, and any other relevant restrictions. No Conditional Use Permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right of way in which it is located. (b)No “small cell” support structure shall exceed fifty (50) feet in height above the finished grade of the ground on which the structure is located. (c)Notwithstanding subp. (b), the City may approve “small cell” facilities taller than fifty (50) feet by Conditional Use Permit in rights of way adjacent to non-residential property when the City finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall 4 Planning Commission Agenda –10/03/2017 number or visual impacts of such facilities in the public right of way. (d)Small cell facilities proposed to be co-located on existingsupport structureson private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district. (e)Any small cell wireless service antennae or new antenna support structures located outside of the public right of way, such as on private property, reqardless of ownership, and which would exceed the allowable height for the support structure in the subjectzoning district shallrequire a Conditional Use Permit and be subject to all other general requirements of Section 4.13, including this section, as well as any other applicable zoning or city code restrictions. B.ALTERNATIVE ACTIONS 1.Motion toadoptResolutionNo. PC-2017-033recommending approval of the zoning amendment relating to Small Cell wireless facilities, based on the findings in said resolution. 2.Motion to denyadoption of ResolutionNo. PC-2017-033, based on findings identified at the public hearing. 3.Motion to table action on the resolution, subject tosubmission of additional information. C.STAFF RECOMMENDATION Staff recommends adoption of the amendment, Alternative 1.Without the additional ordinance language, the installation of such facilities could go unregulated, resulting in a series of potential conflicts with traffic safety and other utility requirements in the public right of way. D.SUPPORTING DATA A.Resolution PC-2017-033 B.Ordinance No. 6XX, Draft C.Monticello Zoning Ordinance, Excerpts a.Chapter 4, Section 13 b.Accessory Use Table, Chapter 5, Section.3 D.City Council Staff Report and Right of Way Ordinance (digital only): http://www.ci.monticello.mn.us/vertical/sites/%7B46185197-6086-4078- ADDC-0F3918715C4C%7D/uploads/4A_Adopt_Ord_ROW_Policy.pdf 5 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2017-033 A RESOLUTIONRECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 4, SECTION 4.13(E),OF THE MONTICELLO ZONING ORDINANCE BY ADDING REGULATIONS FOR “SMALL CELL” WIRELESS TELECOMMUNICATIONS FACILITIES. WHEREAS, the Zoning Ordinance regulates wireless telecommunications facilities on private property; and WHEREAS, the City Code has been amended to accommodate limited “small cell” telecommunications facilities in the public right of way; and WHEREAS,certain small cell facilities are affected by applicable Zoning Ordinance provisions, both on private property and in the public right of way; and WHEREAS, the City of Monticello finds that limiting and defining such “small cell” facilities is consistent with both State law and local intent; and rd WHEREAS, the Planning Commission held a public hearing on October 3, 2017on the application and the applicant 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 of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1.The proposed amendment is necessary to comply with State law, and to manage the City’s right of way. 2.The proposed amendment is necessary to accommodate colocation of small cell antennae on private property, consistent with the City’s regulation of wireless communications. 3.The proposed amendment will encourage colocation and preservation of scarce public right of way resources. 4.The amendment further allows the City to ensure that existing utilities in the public right of way are adequately protected. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: 1 That the City Council should approve the amendment to the zoning ordinanceamending Chapter 4, Section 4.13(E) regulating the installation, maintenance, and other aspects of “small cell” wireless telecommunications facilities. rd ADOPTEDthis3day of October, 2017,by the Planning Commission of the City of Monticello,Minnesota. MONTICELLOPLANNING COMMISSION By: _______________________________ Brad Fyle, Chair ATTEST: ______________________________ Angela Schumann, Community Development Director 2 ORDINANCE NO.____________ CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10OF THE MONTICELLO ZONING CODE,CHAPTER 4,SECTION 4.13, “SMALL CELL” WIRELESS TELECOMMUNICATIONS FACILITIES THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1.Chapter 4, Section 4.13 (E)is hereby amended to addthe following: Section 4.13(E) (E) Wireless Telecommunications Service Antennae and Antenna Support Structures Wireless telecommunications service antennae and antenna support structures, for the purposes of this ordinance, shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless “cellular” telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications. “Small cell” wireless antennae and antenna support structures, defined exclusively as those facilities that are fifty (50) feet or less in height and located within the public right of way subject to the City’s Right of Way ordinance, are generally excepted from these provisions. Such facilities are subject to the provisions of Section 4.13 (E)(3). (3)“Small Cell” Wireless Facilities. (a)“Small cell” wireless service antennae and antenna support structures shall require a Conditional Use Permit when located in the right of way adjacent to any residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district. The CUP shall be reviewed pursuant to the provisions of Section 2.4(A) of the Monticello Zoning Ordinance, and any other relevant restrictions. No Conditional Use Permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right of way in which it is located. (b)No “small cell” support structure shall exceed fifty (50) feet in height above the finished grade of the ground on which the structure is located. (c)Notwithstanding subp. (b), the City may approve “small cell” facilities taller than fifty (50) feet by Conditional Use Permit in rights of way adjacent to non-residential property when the City finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall number or visual impacts of such facilities in the public right of way. (d)Smallcell facilities proposed to be co-located on existing support structures on private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district. (e)Any small cell wireless service antennae or new antenna support structures located outside of the public right of way, such as on private property, reqardless of ownership, and which would exceed the allowable height for the support structure in the subject zoning district shall require a Conditional Use Permit and be subject to all other general requirements of Section 4.13, including this section, as well as any other applicable zoning or city code restrictions. Section 2.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 necessaryto provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3.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 availableonline and at Monticello City Hall. rd ADOPTED BYthe Monticello City Council this 23day of October, 2017. CITY OF MONTICELLO __________________________________ Brian Stumpf, Mayor ATTEST: ___________________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (A) Purpose (iii) Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures. (i) Decommissioning Plan; and (j) Description of potential impacts on nearby WECS and wind resources on adjacent properties. 4.13 Telecommunication Towers and Antennas (A) Purpose The City of Monticello acknowledges the legal right of telecommunication providers to locate within the City, and the need to accommodate the communication needs of residents and businesses. However, the City wishes to implement its legal authority to adopt zoning requirements which are nondiscriminatory, not intended to prohibit telecommunications service, and not based on health effects of radio frequency emissions. In order to establish uniform, nondiscriminatory regulations that protect the public health, safety and general welfare of the City, these regulations are intended to: (1) Minimize adverse visual effects of towers through careful design, landscaping, and siting standards. (2) Avoid potential damage to adjacent properties from tower failure and weather related occurrences through structural standards and setback requirements; (3) Maximize the use of existing and approved towers and buildings to accommodate new telecommunication antennas in order to reduce the number of towers needed to serve the community; (4) Utilize business, industrial and public land, buildings and structures for telecommunications whenever possible and/or appropriate; (5) Provide for the appropriate location and development of towers and antennas to accommodate the communication needs of the residents and businesses within the City of Monticello; City of Monticello Zoning Ordinance Page 307 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (B) Private Amateur Radio (B) Private Amateur Radio Private Amateur Radio, for the purposes of this Ordinance, shall mean equipment, including antennae, antennae support structures, and other related material, necessary to conduct Ham and Short Wave Radio reception and transmissions, only for use by those persons properly licensed by the Federal Communications Commission for such reception and transmissions, and who are in full compliance with all licensing requirements. (1) One (1) antenna and associated antenna support structure shall be a permitted accessory use in all zoning districts, provided that: (a) The owner/operator has current versions of all required licenses to operate said equipment. (b) specifications, and pursuant to valid building and electrical permits, and any other applicable permit requirements. (c) Subject to CUP provisions in Section 4.13(B)(1)(d) of this chapter, no antenna or antenna support structure shall exceed the allowable height limits of the applicable zoning district in which it is located, plus twenty (20) feet. (d) By Conditional Use Permit, the height provisions of Section 4.13(B)(1)(c) of this chapter may be exceeded, up to a maximum height of seventy (70) feet, upon a showing that the additional height is necessary for proper function of the equipment due to interference from terrain, vegetation, or adjoining buildings. Any such additional height shall require a setback from all property lines of no less than one-half (1/2) foot for every one (1) foot above the limits established in Section 4.13(B)(1)(c). (e) Except as allowed by Section 4.13(B)(1)(f) of this chapter, no freestanding antenna or antenna support structure shall be located within any required yard other than the rear yard of any parcel. (f) An antenna and its support structure may be located within the buildable area of a lot if mounted directly to the principal structure. Page 308 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (D) Commercial Transmission/Reception Antennae and Antenna Support Structures (2) Any private amateur radio antenna or antenna support structure which is no longer in use, or for which the owner of property no longer has valid licenses, or which has fallen into disrepair to the extent that it can no longer serve its intended purpose, or which constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance, and shall be removed. (C) Private Receiving Antennae and Antenna Support Structures Private Receiving Antennae and Antenna Support Structures, for the purposes of this ordinance, shall mean television and other electronic reception antennae for private use. (1) Private antennae less than three (3) meters in width and related support structures shall be a permitted accessory use in all zoning districts, provided that: (a) No antenna or antenna support structure shall exceed the allowable height limits of the applicable zoning district in which it is located, plus twenty (20) feet. (b) No freestanding antenna or antenna support structure shall be located within any required yard other than the rear yard of any parcel. (c) An antenna and its support structure may be located within the buildable area of a lot if mounted directly to the principal structure. (2) Any private antenna or antenna support structure which is no longer in use, or which has fallen into disrepair to the extent that it can no longer serve its intended purpose, or which constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance, and shall be removed. (D) Commercial Transmission/Reception Antennae and Antenna Support Structures Commercial Transmission and Reception Antennae and Antenna Support Structures, for the purposes of this ordinance, shall mean commercial and industrial communications equipment accessory to business operations of one meter in width or greater, but not personal wireless telecommunications service equipment. (1) Commercial transmission/reception antennae and antenna support structures shall be allowed as accessory uses only by Conditional Use Permit following the provisions of Section 2.4(D) of the zoning ordinance, and shall comply with the following additional requirements: (a) Antennae and antenna support structures for commercial transmission/reception shall not occupy the front yard of any parcel. City of Monticello Zoning Ordinance Page 309 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (E) Wireless Telecommunications Service Antennae and Antenna Support Structures (b) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining residentially zoned parcels. (c) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining public right of way. (d) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining commercially-zoned property, that is, any (e) Antennae and antenna support structures allowed under this section shall meet all other zoning conditions related to the location of mechanical equipment, whether ground or roof-top mounted. (E) Wireless Telecommunications Service Antennae and Antenna Support Structures Wireless telecommunications service antennae and antenna support structures, for the purposes of this ordinance, shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited tion communications between mobile communications providers and users, including public safety communications. (1) Wireless Telecommunications Service Antennae (a) Co-location of antennae for personal wireless services shall be a conditional use in all zoning districts on any existing conforming antenna support structure. (2) Wireless Telecommunications Service Antennae Support Structures (a) Except as otherwise allowed by Section 4.13(E)(2)(b) below, support structures for personal wireless service antennae shall be allowed as an accessory use only by conditional use permit, subject to the following provisions: (i) Antenna support structures for personal wireless services shall be no greater in height than the maximum height requirements of the zoning district in which the antenna support structure is located, unless otherwise allowed within this section. Page 310 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (F) General provisions for wireless telecommunications service antennae and antenna support structures. (ii) - - be required to be attached to, or mounted upon, the principal building, and shall match said building in color and other design features so as to minimize visibility. (iii) - --l be limited in height to seventy five (75) feet as measured from the natural grade at the location of the structure. (iv) Industrial districts shall be limited in height to one hundred fifty (150) feet as measured from the natural grade at the location of the structure. (v) Any antenna support structure shall be designed to accommodate the co- location of other antenna arrays. (vi) Any freestanding antenna support structure shall be of monopole design. (vii) All freestanding antenna support structures for personal wireless services shall be painted a galvanized light-grey color. (b) Support structures for personal wireless service antenna may be allowed as an accessory use by Conditional Use Permit on residentially zoned lots occupied by public uses, subject to the following provisions: (i) The site upon which the antenna support structure is located is occupied by a principal structure. (ii) In no case shall an antenna support structure exceed one hundred ninety nine (199) feet as measured from natural grade at the location of the structure. (iii) Any antenna support structure shall be designed to accommodate the colocation of other antenna arrays. (iv) Any freestanding antenna support structure shall be of monopole design. (v) All freestanding antenna support structures for personal wireless services shall be finished with a galvanized light-grey color. (vi) The provisions of Section 4.13(F) of this Chapter are satisfied. (F) General provisions for wireless telecommunications service antennae and antenna support structures. (1) No new freestanding antenna support structure shall be located within one (1) mile of any existing freestanding antenna support structure. City of Monticello Zoning Ordinance Page 311 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (F) General provisions for wireless telecommunications service antennae and antenna support structures. (2) No new freestanding antenna support structure shall be approved when there exists a co-location opportunity within one-half (1/2) mile of the proposed structure location. (3) Prerequisite A proposal for a new telecommunications tower shall not be approved unless it can be documented by the applicant to the satisfaction of the City that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or structure within a one (1) mile radius of the proposed towertranscending all municipal boundariesdue to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of an existing or approved tower or building, as documented by a licensed professional engineer, and any existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (b) The planned equipment would cause interference with other existing or planned equipment at the tower or structure. (c) Existing or approved towers and structures within a one (1) mile radius cannot accommodate the planned equipment at a height necessary for reasonable function. (d) The applicant has demonstrated that location of the antennas, as proposed is necessary to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or an existing structure. Information provided as part of the capacity analysis, that is a trade secret, pursuant to Minnesota Statute 13.37, shall be classified as non-public data. (e) Other unforeseen reasons that make it unfeasible to locate the telecommunications equipment upon an existing or approved tower or building. (4) Siting Provisions (a) Antennae shall be located on existing buildings and structures whenever possible. Page 312 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (F) General provisions for wireless telecommunications service antennae and antenna support structures. (b) No part of any antenna or antenna support structure, nor any appurtenances to such structure or antenna, shall extend over any public right of way or property line, nor be located within an public utility or drainage easement. (c) Antenna support structures shall be designed to replicate materials and colors of similar structures in the area, such as lighting or utility poles. (5) Setbacks (a) In all zoning districts, the antenna support structure and any appurtenant structures shall comply with the minimum setback requirements of the district in which the proposed structure is to be located, or the distance determined as the fall zone of the structure by a licensed professional engineer, whichever is greater. (b) In all Zoning Districts, no freestanding antenna support structure shall be located within two hundred fifty (250) feet of an existing residence, or the proposed home location on an approved Preliminary Plat. (c) All antenna support structures shall be located in the rear yard of parcel whenever practical. (6) Design and Construction (a) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities. (b) All antennae, antenna support structures, and accessory structures shall be in compliance with all City and State Building Codes, as applicable, and shall obtain all necessary permits. (c) Structure design, mounting and installation of the antenna and antenna support specifications, and installation plans shall be approved and certified by a licensed professional engineer. (d) Antenna support structures and antennae shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of all State codes. City of Monticello Zoning Ordinance Page 313 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (F) General provisions for wireless telecommunications service antennae and antenna support structures. (e) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet whenever possible, and shall adhere to the following: (i) If a new tower accessory building is necessary to house such equipment, it shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping as deemed necessary by the City Council. (ii) Accessory equipment associated with a rooftop antenna, satellite dishes, or wall antenna shall be located within the building, cabinet, or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building. (iii) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet. Such structure shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping consistent with the screening and landscaping requirements of the Monticello Zoning Ordinance. (iv) Monticello Co-Location Building shall be required to locate all transmitting, receiving and switching equipment within the FiberNet Monticello Co-Location. (7) Lights and Attachments (a) No antenna or antenna support structure shall have lights, reflectors or other illuminating devices of any kind, unless required by a Federal or State regulatory authority. (b) Lights attached to antenna support structures may be approved by the City Council as a part of a Conditional Use Permit when such lights are used to illuminate a parking lot or other use on the ground, provided such lights meet the exterior lighting requirements of the Monticello Zoning Ordinance. (8) Site Landscaping (a) The site on which an antenna or antenna support structure is located shall be landscaped to control dust, weeds, drainage, and to improve aesthetics of the property. (9) Non-Interference (a) No antenna installation shall transmit signals in a way that causes interference with any other electronic device. Page 314 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (G) Application process and submittal requirements for wireless telecommunications service antenna support structures (G) Application process and submittal requirements for wireless telecommunications service antenna support structures (1) Submittal Requirements. All applications for a Conditional Use Permit for any antenna or antenna support structure shall be accompanied by the following materials: (a) Documentation, in the form of a signed lease or other adequate proof of property interest, demonstrating that the applicant has authority to seek the requested permit from the owner or owners of the parcel in question. (b) A statement describing the proposed project, together with written justification supporting the proposed installation. (c) Proof of insurance against injury or property damage caused by structural failure of any element of the installation. (d) The legal description of the property on which the improvements are to be located. (e) A certified survey of the property showing all existing conditions, along with the proposed improvements. (f) A coverage study prepared by a Radio Frequency Engineer showing alternative antenna support structure locations, co-location options, and whether such alternatives can accommodate the proposed antenna with reasonable coverage, including any known approved but unconstructed locations. Such plan shall include all existing towers, buildings, and other possible support structures. (g) A landscaping and screening plan. (h) A grading and drainage plan. (i) Architectural drawings of all appurtenant structures planned for the site. (j) A decommissioning plan outlining the means, process, and anticipated costs of removing all improvements at the end of their service life, or upon discontinued use. (k) A security acceptable to the City adequate to ensure safe removal of all improvements upon decommissioning. City of Monticello Zoning Ordinance Page 315 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (I) Removal of Abandoned or Unused Antennae, Antenna Support Structures, or Other Appurtenant Elements. (l) A development agreement specifying the terms of the Conditional Use Permit, including improvements, decommissioning, financial security, and other elements. (m) Other information specified by the Community Development Director and/or City Council necessary to support the application and permit adequate municipal review of the request. (H) Outside Review At the request of the Community Development Director, the City may seek and obtain the advice of outside experts to review technical materials submitted by the applicants, including the advice of structural experts, radio frequency engineers, or for any other related area of analysis. The applicant shall submit an escrow to cover the costs of such expertise. (I) Removal of Abandoned or Unused Antennae, Antenna Support Structures, or Other Appurtenant Elements. Any tower and/or antenna which is not used for six (6) successive months shall be deemed abandoned and may be required to be removed from the property. All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site shall be restored to its original or an improved state. If a tower is not removed within twelve (12) months after the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. The owner of the tower and the owner of the property are both responsible for removal of the tower as required by this Section. Page 316 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses TABLE 5-4: ACCESSORY USES BY DISTRICT (cont.) Use Types Base Zoning Districts Additional C I A R R R T R R M B B B B I I Requirements C B O A 1 2 N 3 4 H 1 2 3 4 1 2 Permitted D C Wind Energy Conversion C C C C C 5.3(D)(35) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(36) System, Non-commercial Wireless 4.3(E) Telecommunications C C C C C C C 4.3(F) Support Structures (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M-H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building Major (a) In all residential districts except M-H, the following shall apply: (i) Size 1. Except by Conditional Use Permit issued pursuant to Section 5.3(D)(3)(a)(i)(2) below, no detached accessory building shall exceed ten percent (10%) of the rear yard of the parcel on which it is located, nor shall any combination of attached garage and detached accessory building exceed the following maximum area, whichever is less: a. 1,200 square feet; or b. The gross square footage of the principal building footprint. 2. The size limitations for accessory building area listed in Section 5.3(D)(3)(a)(i)(1) above may be increased, up to a maximum square footage of 1,500 square feet, by the issuance of a Conditional Use permit when the following conditions are found to exist: City of Monticello Zoning Ordinance Page 371 2D.Public Hearing –Consideration of a request for an amendment to Conditional Use Permit for Planned Unit Development for Hi-Way Liquors sign height and area allowances. Applicant: City of Monticello(AS) A.REFERENCE AND BACKGROUND The Monticello City Council requested that the Planning Commission hold a public hearing to consider alternatives for the refurbishment of the Hi-Way Liquors sign. These alternatives would include a slightly taller and larger sign, which would require an amendment to the PUD in place for the Town Center area in which Hi-Way Liquors is included. Upon developing the public hearing notice information for the hearing on amendment to PUD for the Hiway Liquors sign, it was noted that the sign is located on a parcel owned by MnDOT. As such, the hearing cannot he held without the property owner’s signature. Therefore, no hearing can be held and the hearing and any consideration is canceled until documentation can be found on any agreement allowing the sign in that area and further direction on next steps can be determined. B.ALTERNATIVE ACTIONS No action may occur at this time without property owner consideration. C.STAFF RECOMMENDATION No recommendation at this time. D.SUPPORTING DATA A.Aerial Image Planning Commission Agenda –10/03/17 3A.Consideration to review for discussion commercial/”business”zoning district designations.(AS) A.REFERENCE AND BACKGROUND The Planning Commission has been asked by the City Council to review the current status of commercial zoning designations within the community in order to evaluate whether potential amendments to the zoning map and/or ordinance are necessary to support the objectives of the Comprehensive Plan. The 2008 Monticello Comprehensive Plan cites the following policies for “Places to Shop”, the City’s commercial land use classification. 1.The Comprehensive Plan seeks to attract and retain businesses that provide goods and services needed by Monticello residents. 2.The Comprehensive Plan seeks to capture the opportunity for commercial development that serves a broader region. Places to Shop with a regional orientation should be located where the traffic does not disadvantage travel within Monticello. 3.Commercial development will be used to expand and diversify the local property tax base and as an element of a diverse supply of local jobs. 4.Places to Shop will be located on property with access to the street capacity needed to support traffic from these businesses. 5.Each parcel should supply an adequate supply of parking that makes it convenient to obtain the goods and services. 6.Building materials, facades and signage should combine with public improvements to create an attractive setting. 7.Site design mustgive consideration to defining edges and providing buffering or separation between the commercial parcel and adjacent residential uses. The comprehensive plan notes that “The City has adopted zoning regulations for the purpose of carrying out the policiesand goals of the land use element of the Comprehensive Plan.” The City has arranged its commercial land useinto four “B” zoning designations, plus the Central Community District (which allows a mix of land use types). Thepurpose statements,general performance standardsand allowable uses for the “B” districtsare included as supporting data. Asthe City of Monticello continues to grow as a regional hub for employment and commerce, consistent with policy statement #2 above, the City must from time to time evaluate the balance of land supply in its various zoning districts to ensure that zoning supports this policy statement, as well as other stated policiesthroughout Comprehensive Plan.In addition, the City must balance the various land uses when adjacent to one Planning Commission Agenda –10/03/17 anotherin a manner whichsupports achieving the goals set out for both uses. This is consistent with policy #7 above. The City has focused on developing “step-up” development since the adoption of 2008 Comprehensive Plan, and the Economic Development chapter of the plan includes the statement that “The City will use the Comprehensive Plan to maintain and enhance the quality of life in Monticello as a tool for attracting businesses and jobs”. Planning Commission will note that thepurpose statement of the B-4 districtis “to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region.” This statement is in direct alignmentwith policy statement #2 above.For reference, the purpose of the B-3 district is to “provide for limited commercial and service activities and provide for and limitthe establishment of motor vehicle oriented or dependent commercial and service activities”. With the above planning framework in mind, planning staff would suggest that the City consider two actions: 1.Expandthe B-4 zoning designationto vacant parcels/areas currently zoned B-3 in support of moving away from amore limited auto-oriented district towarda commercial districtwhich supportsregional commercein alignment with the Comprehensive Plan. 2.Review useand performance standards within the B-2, B-3 and B-4 Districts, particularly for self-storage facilitiesand auto-oriented uses, and determine whether current uses and standards are appropriate given the guidance to create regional commerce with jobs and employment and maintaining and enhancing quality of life. Furthersupporting therequested actionsis the finite supply of available land along major corridors, including I-94. With a limited supply available, the retention of lands for uses which best support Comprehensive Plan goals is an important consideration. In addition, the location of some areas of B-3 presents the potential for conflict between commercial uses associated with vehicle oriented uses (vehicle sales dealerships, auto repair, self- storage) and adjacent residential uses.As the City considers new development along its major collector routes and in locations adjacent to residential uses, the type of commercial districts and allowable uses should be reviewed in order to both support regional commerce and achieve other goals for attractive, safe neighborhoods. The table below illustrates the approximate total amount of land within each zoning district, as well as an approximate amount of vacant commercial land. Zoning DistrictApproximate Total Approximate Acreage AcreageAvailable B-4 (Regional Business)289127 B-3 (Highway Business)24189 B-2 (Limited Business)567 Planning Commission Agenda –10/03/17 Staff would therefore recommend that the City identify commercial areas for potential rezoning, and reach out to the property owners to discuss the issue for consideration. Staff would also request Commission’s feedback on the proposed text amendments relating to the commercial zoning districts.Staff has provided a suggested map for reference, as well as a suggested text amendment, in order to help guide the Commission’s discussion. Commission will note that it is suggested that the City retain the B-3zoning designation in the area centered at TH25 and I-94, where the existing developed uses are auto- oriented and make use of the interchange location. This also takes into consideration that the City would limit the creation of non-conformity for existing uses in these areas through rezoning action. These items are of importance to address in advance of an anticipated 2018 update to the 2008 Land Use Plan of the Comprehensive Plan. Development inquiries continue to increase, and it is important the City be proactive in its land use planning for these areas. The Cityof Monticello may call for a hearing on the rezoning action and text amendment given its authority granted under MN Statutes 462.356. B.ALTERNATIVE ACTIONS Staff is seeking Planning Commission feedback on the zoning designations and use language as noted. As a result of further direction and research, Planning Commission may wish to call for a public hearing on map or text amendments. Staff would recommend calling for a hearing on the proposed text amendments for November, 2017, with a hearing on the map amendments to be determined. C.STAFF RECOMMENDATION Staff recommends that the Planning Commission provide guidance on the current zoning of the parcels noted, and suggest other review as necessary. Staff also recommends that the Planning Commission provide direction and feedback as related to the proposed text amendments and call for a hearing on the proposed text amendments in November, 2017. D.SUPPORTING DATA A.Commercial Zoning District Mapping B.Aerial Image C.Parcels for Zoning Discussion D.Proposed Zoning Text Amendment for Discussion E.Excerpts, Monticello Zoning Ordinance a.Business Base Zoning Districts b.Principal Use Table c.Performance Standards, Commercial Uses F.Official Zoning Map EN evA guaH EN evA d ralliG rD egdiR kaO tC kaO wodaeM Cir twood Eas EN evA gninneF diW L noeg a riC reganaT EN e vA no claF EN ev A nolla F R kcoR de aL evA daetsmraF evA enotS yerG riC sadnuD Country La rD doowka rD koowkaO O EN evA no snomdE raM dR niv riC partdnaS riC el gaE ri C rek nuB iaF rD yawr aL htenneK EN evA guaH EN evA dralliG rD egdiR kaO tC kaO wodaeM evA gninne FEN evA gnin neF a r L e id E riC reganaT eR kcoR d aL evA daetsmraF evA enotS yerG riC sadnuD Country La r D koowkaO EN e vA nosno mdE M dR nivra riC partdna S riC elgaE riC rek nuB riaF rD yaw aL htenneK EN evA guaH EN evA d ralliG rD egdiR kaO tC kaO wodaeM Cir twood Eas EN evA gninneF diW L noeg a riC reganaT EN e vA no claF EN ev A nolla F R kcoR de aL evA daetsmraF evA enotS yerG riC sadnuD Country La rD doowka rD koowkaO O EN evA no snomdE raM dR niv riC partdnaS riC el gaE ri C rek nuB iaF rD yawr aL htenneK EN evA guaH EN evA d ralliG rD egdiR kaO tC kaO wodaeM Cir twood Eas EN evA gninneF diW L noeg a riC reganaT EN e vA no claF EN ev A nolla F R kcoR de aL evA daetsmraF evA enotS yerG riC sadnuD Country La rD doowka rD koowkaO O EN evA no snomdE raM dR niv riC partdnaS riC el gaE ri C rek nuB iaF rD yawr aL htenneK TABLE 5-1: USES BY DISTRICT(cont.) Use Types Base Zoning Districts Additional CI “P” = Permitted ARRRTRRMBBBBII CB Requirements “C” = Conditionally Permitted OA12N34H123412 DC “I” = Interim Permitted Commercial Uses Adult Uses PP 3.7(K) Auction House C 5.2(F)(2) Auto Repair –Minor CCPP 5.2(F)(3) Automotive Wash Facilities PC 5.2(F)(4) Bed & Breakfasts C CCCC 5.2(F)(5) Boarding House C 5.2(F)(6) Brew Pub P P 5.2(F)(7) Business Support Services PPPPP None Commercial Lodging CPP 5.2(F)(8) Communications/Broadcasting PPPP 5.2(F)(9) Convenience Retail CPPP 5.2(F)(10) Country Club C 5.2(F)(11) Day Care Centers CCPPC 5.2(F)(12) Entertainment/Recreation, PPCCC 5.2(F)(13) 1A - Indoor Commercial 5 Entertainment/Recreation, C CCC 5.2(F)(14) Outdoor Commercial Financial Institution PCP 5.2(F)(15) SEE TABLE * Funeral Services PP 5.2(F)(16) Kennels (commercial) C 5.2(F)(17) Landscaping / Nursery Business P 5.2(F)(18) Personal Services CPPP 5.2(F)(22) Production Brewery or Micro- PP 5.2(G)(10) Distillery without Taproom Production Brewery or Micro- 5.2(F)(24) Distillery with Taproom or CCC CC 5.2(G)(11) Cocktail Room Recreational Vehicle Camp Site C 5.2(F)(25) Repair Establishment CPP 5.2(F)(26) Restaurants CPP 5.2(F)(27) P Retail Commercial Uses (other) PP 5.2(F)(28) C Specialty Eating Establishments CPPP 5.2(F)(29) TABLE 5-1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts “P” = Permitted Additional CI ARRRTRRMBBBBII “C” = Conditionally CB Requirements OA12N34H123412 Permitted DC “I” = Interim Permitted Vehicle Fuel Sales CCC 5.2(F)(30) Vehicle Sales and Rental 1A C 5.2(F)(31) - Veterinary Facilities (Rural) C 5.2(F)(32) Veterinary Facilities CCC 5.2(F)(32) (Neighborhood) SEE TABLE 5 Wholesale Sales PPP None Industrial Uses Auto Repair – Major CPP 5.2(G)(1) Bulk Fuel Sales and PP 5.2(G)(2) Storage Contractor's Yard, III 5.2(G)(3) Temporary Extraction of Materials III 5.2(G)(4) General Warehousing CCPP 5.2(G)(5) Heavy Manufacturing C 5.2(G)(6) Industrial Services CP None 1A - 5 Land Reclamation C CCCCCCCCCCCCCC 5.2(G)(7) Light Manufacturing PPP 5.2(G)(8) Machinery/Truck Repair & SEE TABLE PP 5.2(G)(9) * Sales Recycling and Salvage CC 5.2(G)(10) Center P Self-Storage Facilities CP 5.2(G)(11) C Truck or Freight Terminal CPCP 5.2(G)(12) Waste Disposal & C 5.2(G)(13) Incineration Wrecker Services CP 5.2(G)(14) *Planning Commission should also refer to the Definitions section of the Zoning Ordinance for additional information on uses. CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (C) Neighborhood Business District (C) Neighborhood Business District Section 3.5 (C) Neighborhood Business District B-1 Typical B-1 Building Types -district is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. Maximum Residential Density through PUD or Performance Standards = 5445 sq. ft. per unit (8.0 units per gross acre) Base Residential Density = 8,000 sq. ft. per unit (5.5 units per gross acre) Base Lot Area Minimum = 8,000 sq ft. Base Lot Width Minimum = 80 ft. Typical B-1 Lot Configuration City of Monticello Zoning Ordinance Page 109 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (C) Neighborhood Business District TABLE 3-11: B-1 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 30 15 20 20 30 feet (Reserved) (Reserved) All Uses \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 110 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District (D) B-2: Limited Business District Section 3.5 (D) Limited Business District B-2 Typical B-2 Building Types - provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. Maximum Residential Density = Ten (10) dwelling units per gross acre. Base Lot Area No minimum Base Lot Width Minimum = 100 ft. Typical B-2 Lot Configuration City of Monticello Zoning Ordinance Page 111 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District TABLE 3-12: B-2 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 30 10 20 20 (Reserved) (Reserved) All Uses 30 feet \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 112 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District (E) B-3: Highway Business District Section 3.5 (E) Highway Business District B-3 Typical B-3 Building Types -(highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Base Lot Area No minimum Base Lot Width Minimum = 100 ft. Typical B-3 Lot Configuration City of Monticello Zoning Ordinance Page 113 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District TABLE 3-13: B-3 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 30 10 20 30 30 feet (Reserved) (Reserved) All Uses \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 114 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Regional Business District (F) Regional Business District Section 3.5 (F) Regional Business District B-4 Typical B-4 Building Types - provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. Base Lot Area No minimum Base Lot Width No Minimum Typical B-4 Lot Configuration City of Monticello Zoning Ordinance Page 115 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Regional Business District TABLE 3-14: B-4 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Interior Street / feet) Ratio (FAR) of gross lot area) Front Rear Side Side 2 stories 0 0 0 0 30 feet (Reserved) (Reserved) All Uses \[1\] \[1\]: Multi-story buildings may be allowed as a conditional use pursuant to Section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Section 3.3, Common District Requirements Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 4.1, Landscaping and Screening Standards Regulations to Consult Section 4.5, Signs (not all Section 4.8, Off-Street Parking inclusive) Section 4.9, Off-Street Loading Section 4.11, Building Materials Page 116 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure (c) Interim Permitted Uses = I provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Inability of the City \]o establish conditions to adequately control anticipated impacts is justification for denial of an interim permitted use. Interim Permitted Uses may also be subject to (d) Prohibited Uses = Shaded Cells A shaded cell indicates that the listed use is prohibited in the respective base zoning district. (e) Unlisted Uses If an application is submitted for a use that is not listed in Table 5-1, the Community Development Department is authorized to classify the new or unlisted use into an existing Use Type that most closely fits the new or unlisted use. If no similar use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would need to be initiated to clarify if, where, and how a proposed use could be established. TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional C I A R R R T R R M B B B B I I Requirements C B O A 1 2 N 3 4 H 1 2 3 4 1 2 Permitted D C Agricultural Uses Agriculture P P P P P P P P P P P P P P P 5.2(B)(1) 1A - Agricultural Sales P 5.2(B)(2) Community Gardens P P P P P P P P P 5.2(B)(3) SEE TABLE 5 * Stables C 5.2(B)(4) Page 318 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts Additional C I A R R R T R R M B B B B I I Requirements C B O A 1 2 N 3 4 H 1 2 3 4 1 2 Permitted D C Residential Uses 5.2(C)(1) 5.2(C)(2)(a) Attached Dwelling Types - Duplex 5.2(C)(2)(b) P C - Townhouse 5.2(C)(2)(c) C P - Multiple-Family 5.2(C)(2)(d) C P C C 1A - 5 Detached Dwelling None P P P P P P Group Residential P P P P P 5.2(C)(3) Facility, Single Family Group Residential SEE TABLE C C C *5.2(C)(3) Facility, Multi-Family Mobile & Manufactured C C C P C 5.2(C)(4) Home / Home Park Civic & Institutional Uses Active Park Facilities P P P P P P P P P P P P P P P None (public) Active Park Facilities P P P P P P P 5.2(D)(1) (private) Assisted Living Facilities 5.2(D)(2) C P C Cemeteries 5.2(D)(3) C C C C C C C Clinics/Medical Services None C P P C Essential Services None P P P P P P P P P P P P P P P 1A - Hospitals 5.2(D)(4) 5 C P P C Nursing/Convalescent C C C C C C C C C P P 5.2(D)(5) Home Passenger Terminal None C C C C SEE TABLE * Passive Parks and Open P P P P P P P P P P P P P P P None Space Place of Public Assembly C C C C C 5.2(D)(6) P C Public Buildings or Uses 5.2(D)(7) C C C C C C C P C C P P C P P Schools, K-12 C C C C C 5.2(D)(8) C I I Schools, Higher None Education C Utilities (major) C C C 5.2(D)(9) Office Uses Offices P P C P P P P 5.2(E) * City of Monticello Zoning Ordinance Page 319 CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts Additional C I A R R R T R R M B B B B I I Requirements C B O A 1 2 N 3 4 H 1 2 3 4 1 2 Permitted D C Commercial Uses Adult Uses P P 3.7(K) Auction House C 5.2(F)(2) Auto Repair Minor C C P P 5.2(F)(3) Automotive Wash Facilities P C 5.2(F)(4) Bed & Breakfasts C C C C C 5.2(F)(5) Boarding House C 5.2(F)(6) Brew Pub P P 5.2(F)(7) Business Support Services P P P P P None Commercial Lodging C P P 5.2(F)(8) Communications/Broadcasting P P P P 5.2(F)(9) Convenience Retail C P P P 5.2(F)(10) Country Club C 5.2(F)(11) Day Care Centers C C P P C 5.2(F)(12) Entertainment/Recreation, P P C C C 5.2(F)(13) Indoor Commercial 1A - Entertainment/Recreation, 5 C C C C 5.2(F)(14) Outdoor Commercial Financial Institution P C P 5.2(F)(15) Funeral Services P P 5.2(F)(16) SEE TABLE * Kennels (commercial) C 5.2(F)(17) Landscaping / Nursery P 5.2(F)(18) Business Personal Services C P P P P P 5.2(F)(22) Production Brewery or Micro-Distillery without P P 5.2(G)(10) Taproom Production Brewery or 5.2(F)(24) Micro-Distillery with C C C C C 5.2(G)(11) Taproom or Cocktail Room Recreational Vehicle Camp C 5.2(F)(25) Site Repair Establishment C P P 5.2(F)(26) Restaurants C P P 5.2(F)(27) Retail Commercial Uses P P P 5.2(F)(28) (other) Specialty Eating C P P P 5.2(F)(29) Establishments Page 320 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1: USES BY DISTRICT (cont.) Use Types Base Zoning Districts Additional C I A R R R T R R M B B B B I I Conditionally Requirements C B O A 1 2 N 3 4 H 1 2 3 4 1 2 Permitted D C Vehicle Fuel Sales C C C 5.2(F)(30) Vehicle Sales and Rental 1A C 5.2(F)(31) - Veterinary Facilities C 5.2(F)(32) (Rural) Veterinary Facilities C C C 5.2(F)(32) (Neighborhood) SEE TABLE 5 Wholesale Sales P P P None Industrial Uses Auto Repair Major C P P 5.2(G)(1) Bulk Fuel Sales and P P 5.2(G)(2) Storage Contractor's Yard, I I I 5.2(G)(3) Temporary Extraction of Materials I I I 5.2(G)(4) General Warehousing C C P P 5.2(G)(5) Heavy Manufacturing C 5.2(G)(6) 1A - Industrial Services C P None 5 Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(7) Light Manufacturing P P P 5.2(G)(8) Machinery/Truck Repair P P 5.2(G)(9) SEE TABLE * & Sales Recycling and Salvage C C 5.2(G)(10) Center Self-Storage Facilities P C P 5.2(G)(11) Truck or Freight C P P 5.2(G)(12) Terminal Waste Disposal & C 5.2(G)(13) Incineration Wrecker Services C P 5.2(G)(14) TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES Use Types Sub-Districts Additional Exceptions Requirements F-1 F-2 F-3 L Permitted Brew Pub P P P P none 5.2(F)(7) 5.2(F)(12) Commercial Day Care C C C C none 5.2(F)(8) Commercial Lodging P P C none City of Monticello Zoning Ordinance Page 321 CHAPTER 5: USE STANDARDS Section 5.1 Use Table Subsection (A) Explanation of Use Table Structure TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES Use Types Sub-Districts Additional Exceptions Requirements F-1 F-2 F-3 L L-2: NA first floor, Commercial Offices Principal C P P C 5.2(F)(20) CUP upper floors 5.2(F)(13) Commercial Recreation: Indoor P P C C none Commercial Recreation: 5.2(F)(14) C C none Outdoor Convenience Retail C P* C C *F-2 Drive Through by CUP 5.2(F)(10) 5.2(F)(16) Funeral Services C C none L-2: NA first floor, Medical / Clinical Services C P P P 5.2(F)(19) CUP upper floors Personal Services P P P P L-3: CUP 5.2(F)(22) Places of Public Assembly C C C C none 5.2(F)(23) Production Brewery or Micro- Distillery with Taproom or C C C C none 5.2(F)(24) Cocktail Room 5.2(F)(15) Professional Office-Services L-2: NA first floor, P P P C Including Financial Institutions CUP upper floors 5.2(F)(21) Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(27) Restaurants, Bars > 10,000 SF P C C none 5.2(F)(27) Retail Sales < 10,000 SF P P C C none 5.2(F)(28) Retail Sales > 10,000 SF P C C none 5.2(F)(28) L-2: NA first floor, Retail with Service P C C 5.2(F)(28) CUP upper floors Specialty Eating Establishments P* P* C* P* *Drive Through by CUP 5.2(F)(29) < 10,000 SF Vehicle Fuel Sales C C C* L-8 only 5.2(F)(30) Veterinary Facilities C P C C none 5.2(F)(32) Residential Upper Floors P P P P L-2: NA Residential Street Level C C L-2: NA Residential Multiple Family C C L-2: NA Residential Townhouse C none Residential Single Family C none Industrial PUD L-3: PUD Only Public Buildings or Uses C C C P none Page 322 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (c) Food served on the premises may be served only to overnight guests of the bed and breakfast. (d) The owner, operator, or manager of the bed and breakfast shall reside on the premises. (e) Activities shall be limited to those customary to the operation of a bed and breakfast facility. Commercial use of the property for other activities not normally associated with the operation of a bed and breakfast such as wedding receptions, parties, etc., are not allowed. (f) Operation of the bed and breakfast facility shall comply with all state regulations governing such facilities. (6) Boarding House: (a) There shall be no less than three (3) units nor more than 15 units, and each unit shall be of a design considered to be an efficiency apartment. (b) At least one unit shall be on the ground floor fully accessible to handicapped persons. (c) At least 50% of the floor area on the ground floor shall be developed as complete restaurant facilities with a minimum seating capacity of two seats per dwelling unit but in no case less than 25 seats. (i) Restaurant shall not be eligible for licenses regulating the sale of intoxicating liquors, non-intoxicating malt liquors, wine, or the display and consumption of liquors. (ii) The restaurant shall be so equipped to provide food service to the dwelling units if required. (d) The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings on the site or in the area to avoid impairment in property values or blight within a reasonable distance of the lot. (e) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Page 340 City of Monticello Zoning Ordinance CHAPTER 5: 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 (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 (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, and design review is conducted by the Planning Commission. (iii) The proposed use demonstrates compatibility and consistency with the (9) Communications / Broadcasting Section 5.3: All communication antennas, antenna support structures and satellite dishes shall Accessory Use 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 Page 341 CHAPTER 5: 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., except as may be approved by conditional use permit. (l) 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 . (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 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (11) Country Club (a) The principal use, function, or activity is open, outdoor in character. (b) Not more than five (5) percent of the land area of the site be covered by buildings or structures. Section 4.1(G): (c) When abutting a residential use, the property shall be screened with at least Standards for an aesthetic buffer (Table 4-2, B section Perimeter Buffers 4.1(G) of this ordinance. (d) The land area of the property containing such use or activity meets the minimum established for the districts. (12) Day Care Center (a) No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily. (b) An outdoor recreational facility: (i) Shall be appropriately separated from the parking lot and driving areas by a fence not less than 4 feet in height; (ii) Shall be located continuous to the day-care facility; (iii) Shall not be located in any yard abutting a major thoroughfare; (iv) Shall not have an impervious surface for more than one-half of the playground area; (v) Shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas; and (vi) Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. (c) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (d) In addition to items (a) through (c) above, day care centers in the I-1 district, shall adhere to the following additional requirements: (i) Only be allowed as a secondary combination use which complements a primary business; (ii) Only be conducted in the principal building, and not exceed 20% of the total principal building square footage; City of Monticello Zoning Ordinance Page 343 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (iii) Be physically separated from the other activities occurring in the principal building; (iv) Not have a dedicated entrance (other than emergency exits) from the exterior of the principal building; (v) Not have dedicated off-street parking or signage. (13) Entertainment/Recreation Indoor Commercial (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of this ordinance. (d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4-2, 4.1(G) of this ordinance (14) Entertainment/Recreation Outdoor Commercial Section 4.1(G): (a) When abutting a residential use, the property shall be screened with at least a Standards for semi-opaque buffer (Table 4-2, Perimeter Buffers 4.1(G) of this ordinance. (b) Adequate measures to contain the proposed activity on the subject site shall be provided (c) Dust and noise are controlled consistent with City Ordinance. (15) Financial Institutions Drive-thru service, if approved as an accessory use to a financial institution, shall be located to the side or rear of the principal building whenever feasible. (16) Funeral Services (a) Funeral homes shall have its principal frontage, access, and orientation direction on an arterial or collector street. (b) All structures shall be located so as not to require access from an interior residential street. Page 344 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (17) Kennels (commercial): (a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises. (b) Any open runs or pens used to house animals shall be located at least 75 feet from any lot line. (c) Accessory uses to a kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area of the principal building. (18) Landscaping / Nursery Business (a) The business shall be located next to a collector or arterial street as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets. (b) Exterior displays visible from adjacent properties or right-of-way shall be limited to plants unless otherwise approved by the City Council. (19) Medical / Clinical Services In the CCD, F-1 sub-district, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture . (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. (20) Offices (Commercial) In the CCD, F-1 sub-district, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture . (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. City of Monticello Zoning Ordinance Page 345 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (c) Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement. (21) Offices (Professional) Including Financial Institutions In the CCD, Professional Offices and Financial Institutions shall include the following: (a) Building architecture shall be designed to reflect retail street-level architecture . (b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses. (c) Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement. (d) Parking supply shall be calculated at the same rate as retail sales. (22) Personal Services (a) In the B-1 district, the following shall apply: (i) Outdoor lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times. (ii) Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. (b) Establishments engaged in dry cleaning shall be held to the following requirements: (i) Dry cleaning processing shall be restricted to the B-4 district. (ii) Dry cleaning operations shall be self-contained in terms of noise and fumes with no venting to outside of building. (iii) Dry cleaning facilities shall have direct access to major thoroughfare via driveway or frontage road. (c) Tattoo parlors shall be restricted to the B-4 district. Page 346 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (23) Places of Public Assembly In the CCD, F-1 sub-district, the following conditions shall apply: (a) Building architecture shall be designed to reflect retail street-level architecture document . (b) Site planning shall minimize parking lot development adjacent to public areas in the district, including streets, pathways, and open spaces. (24) Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the CCD, B-3 and B-4 Districts, provided that: (a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to Minn. Statutes Section 340A.301. (b) The Brewery or Micro-Distillery includes an accessory brewer's taproom or cocktail room for the on-sale of products produced on-site, and such room shall require the applicable license from the City of Monticello, according to City Code Section 3-1-13. (c) On-site sale of beer in the form of growlers shall require a Brewery License for Off-Sale of Malt Liquor, according to City Code Section 3-1-13. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello. (d) Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license. (e) A micro-distillery may be issued a license for off-sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on-site, subject to the following requirements: (i) Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello. City of Monticello Zoning Ordinance Page 347 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (ii) No brand may be sold at the micro-distillery unless it is also available for distribution by wholesalers. (f) Total production of liquor may not exceed 40,000 proof gallons annually. Of the 40,000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons annually, 500 proof gallons of which may be sold off-sale in 375 milliliter bottles. The distiller shall annually submit production reports with the request to renew a cocktail room or off-sale liquor license. (g) The brewery or micro-distillery facility provides adequate space for off-street loading and unloading of all trucks greater than twenty-two (22) feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted. (h) Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning. (i) No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning. (j) No odors from the business may be perceptible beyond the property line. (k) The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment. (l) The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas. (m) All exterior lighting shall be compliant with Chapter 4.4 of the Monticello Zoning Code. (25) Recreational Vehicle Camp Site (a) The land area of the property containing such use or activity meets the minimum established for the district. (b) The site shall be served by a major or arterial street capable of accommodating traffic which will be generated. (c) All driveways and parking areas shall be surfaced with a dustless material. Page 348 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (d) Plans for utilities and waste disposal shall be subject to approval by the Community Development Department, and all applicable requirements of the State Pollution Control Agency are complied with. (e) Not more than five (5) percent of the land area of the site shall be covered by buildings or structures. (f) The locations of such use shall be at minimum one hundred (100) feet from any abutting residential use district. (26) Repair Establishments (a) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts. (b) No process involved in a repair operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. (27) Restaurants (a) For all restaurants, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (ii) Primary access from local residential streets shall be prohibited. (b) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. unless a Special Event Permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code 6-1- 10(B). (ii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (c) Restaurants having drive-through facilities shall require a conditional use permit and comply with the following standards: (i) All requirements for an accessory drive-through facility shall be met. City of Monticello Zoning Ordinance Page 349 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (ii) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. Section 4.1(G): (iii) When abutting a residential use, the property shall be screened with at Standards for least a semi-opaque buffer (Table 4-2 Perimeter Buffers with section 4.1(G) of this ordinance. (iv) Each light standard island and all islands in the parking lot landscaped or covered. Section 4.1(F): (v) Parking areas shall be screened from view of abutting residential districts Standards for in compliance with Section 4.1(F) of this ordinance. Vehicular Use Area Landscaping (vi) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Community Development Department. (vii) If in the CCD District, the following standards shall also apply: 1. The design of the site promotes pedestrian access adjacent to and along the property. 2. Site lighting shall utilize fixtures similar in style to that designated by 3. The building, site, and signage meet the Section 5.3(D)(14): district and design review is conducted by the Planning Commission. Drive Through 4. Drive through facilities comply with the requirements of Section Service 5.3(D)(14). 5. The proposed use demonstrates compatibility and consistency with Plan. (28) Retail Commercial Uses (Other) (a) If the retail sales includes consignment sales, the following standards shall apply: (i) Sales and storage shall not exceed 1,000 square feet in area. (ii) At least 80% of the sales shall be of consigned merchandise. (iii) No auctions shall take place on the premises. (iv) There shall be no outside storage. (b) In the CCD, F-2 sub-district, the following conditions shall apply to retail sales in buildings having a retail floor area greater than 10,000 square feet: Page 350 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses (i) Building architecture shall be designed to vary façade height, fenestration, and other details to provide the appearance of several smaller retail buildings, rather than a single large structure. (ii) Parking shall be oriented to wrap around buildings, rather than be located entirely in the front of the building. (c) In the CCD, F-2 sub-district, the following conditions shall apply to retail sales accessory services: (i) Accessory service shall occupy no more than 40 percent of the main floor of any building. (ii) Service may include activities that support the retail sales of goods on the premises, including repair, fabrication, rental, assembly, shipping, or similar activities. (iii) Service activities may occur as an entity separate from retail sales, but shall meet the requirements of this section. (29) Specialty Eating Establishments (a) Drive through service, if approved as an accessory use within the applicable district, shall be located to the side or rear of the building whenever feasible. (b) For all specialty eating establishments, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (c) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. (ii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. (d) 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 onticello. (ii) Site planning shall maximize building exposure to the street. City of Monticello Zoning Ordinance Page 351 CHAPTER 5: 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 us. (iv) and design review is conducted by the Planning Commission. (v) The proposed use demonstrates compatibility and consistency with the hensive 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 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (F) Regulations for Commercial Uses 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 (b) When abutting a residential use, the property shall be screened with an opaque Section 4.1(G): Standards for buffer (Table 4-2 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 (130) 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 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (d) Animals shall not be kept outdoors or be allowed to remain outside unsupervised. (e) All animals must be leashed. (f) No outside storage of carcasses. (g) The facility shall be subject to an annual inspection by a City Health Officer at owner's expense. (h) In the CCD, F-1 sub-district, the following additional standards shall apply: (i) Building architecture shall be designed to reflect retail street-level . (ii) Street level floor planning designed to accommodate use by or conversion to future use as retail uses. (iii) Overnight animal boarding shall only be allowed as an accessory use to clinic services, and shall be situated so as to prohibit exposure, noise, or other nuisance conditions. (G) Regulations for Industrial Uses (1) Automobile repair - major (a) Door opening to service area garage must not face street frontage. (b) Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. (c) All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. (d) Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six- foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. (e) The floor of the vehicle storage area shall consist of asphalt or concrete paving. (f) All work on vehicles or vehicle parts shall be conducted within an enclosed building. Page 354 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (g) The advertising wall facing the public right-of-way shall consist of no more than 50% metal material. (h) The secondary or non-advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. (i) No conditional use permit shall be granted for an auto body shop located within 600 feet of a residential zone existing at the time the conditional use permit is granted. (2) Bulk Fuel Sales and Storage (a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet and not located within 100 feet from any lot line. (b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is greater than 100 pounds per square inch, shall not be located within 50 feet of any lot line. (3) Contractors Yard Temporary Section 2.4(E): Interim Use Permits (a) Temporary Contractor's Yards shall be allowed only by Interim Use Permit, subject to the standards of Section 2.4(E) of this ordinance. (b) Temporary Contractor's Yards shall be accommodated only in association with the construction of public infrastructure projects on public property, rights of way, or public easements. (c) Temporary Contractor's Yards shall be located only on property directly abutting a State or Federal highway, and shall minimize use of local streets. (d) Such yards shall provide haul routes for approval by the City Engineer. (e) Such yards shall provide adequate securities, as determined by the City Council, for the restoration of any municipal infrastructure damaged due to the operation of the yard. (f) Such yards shall provide, as a condition of their permit, for adequate stormwater management, dust control, traffic control, and other requirements of the City Engineer. City of Monticello Zoning Ordinance Page 355 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (g) Interim Use Permits for Temporary Contractor's Yards shall include a restoration plan ensuring the restoration of the property to a condition meeting the zoning and nuisance standards of the City. Title 8, Chapter 2 of (4) Extraction of Materials City Code: Excavations (a) All regulations in Title 8, Chapter 2 of City Code regarding excavations shall be met. (b) Plans shall be provided to illustrate how the land will be left in a useable condition upon cessation of extraction activities, shall prove that the finished grade will not adversely affect the surrounding land or future development of the site on which the mining is being conducted, and the route of trucks moving to and from the site. (c) The interim use permit authorizing the extraction of materials shall regulate: (i) The type(s) of material being mined on the site; (ii) A program for rodent control; (iii) A plan for fire control and general maintenance of the site; (iv) Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site; (v) A calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates; and (vi) The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur and repairing the degradation of roadways used to transport soils. (d) On-site sales may be allowed as part of the interim use permit subject to all conditions established by the City Council to ensure the health, safety, and welfare of those visiting the site and of surrounding property owners. (5) General Warehousing (a) The use shall be located at least 500 feet from any residential district, school, or day care center. (b) The use shall not locate storage areas within a required setback or perimeter buffer; Page 356 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses Section 4.1(I): (c) The use shall locate outdoor storage areas to the rear of the principal structure. Standards for All such outdoor storage shall be screened from view of adjacent properties in Required Screening conformance with the requirements of Section 4.1(I). (d) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. (e) The use shall have direct access onto an arterial or collector roadway. (6) Heavy Manufacturing (a) The use shall be located at least 500 feet from any residential district, school, or day care center. (b) The use shall locate outdoor storage areas to the rear of the principal structure Section 4.1(I): Standards for and be screened with a fence or wall in accordance with Section 4.1(I). The Required Screening height of materials and equipment stored shall not exceed the height of the screening fence or wall. (c) The use shall be designed to ensure property functioning of the on-site transportation circulation system. (d) The use shall have direct access onto an arterial or collector roadway. (7) Land Reclamation The conditional use permit authorizing land reclamation shall regulate: (a) A finished grade plan which will not adversely affect the adjacent land; (b) The type of fill permitted; (c) A program for rodent control; (d) A plan for fire control and general maintenance of the site; (e) Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site; (f) A calendar of specific dates when land reclamation operations will be conducted, including specific beginning and ending dates; and City of Monticello Zoning Ordinance Page 357 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (g) The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occur and repairing the degradation of roadways used to transport soils. (8) Light Manufacturing Light manufacturing uses may include a commercial component provided the following standards are met: (a) The commercial component is directly related to the products being created by the light manufacturing use. (b) The commercial component shall not exceed 30% of the gross floor area of the principal use. (9) Machinery/Trucking Repair & Sales and Industrial Services (a) The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the Community Development Department. (b) A drainage system subject to the approval of the Community Development Department shall be installed. (c) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right- of-way and shall be in compliance with Section 4.4 of this ordinance. Section 4.1(G): (d) When abutting a residential use, the property shall be screened with an opaque Standards for buffer (Table 4-2 Perimeter Buffers ordinance. Section 4.1(F): (e) Parking or car magazine storage space shall be screened from view of Standards for abutting residential districts in compliance with Section 4.1(F) of this Vehicular Use Area Landscaping ordinance. (f) All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 4.5 of this ordinance. (g) Provisions are made to control and reduce noise. Section 5.3(D)(26): (h) No outside storage except as permitted or conditionally permitted in Outdoor Storage compliance with Section 5.3(D)(26) of this ordinance. Page 358 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (i) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. (j) If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of the things being repaired and/or other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced. (10) Production Breweries and Micro-Distilleries Production Breweries and Micro-Distilleries shall be allowed as a permitted use in the I-1 and I-2 District, provided that: (a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to Minn. Statutes Section 340A.301. (b) Total production of malt liquor may not exceed 250,000 barrels annually. (11) Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room Production Breweries and Micro-Distilleries with Accessory Taproom or Cocktail Room shall be allowed by conditional use permit in the IBC, I-1 and I-2 Districts, provided that: (a) The facility is located in an area that includes and/or serves commercial traffic. (b) The facility is not located within 500 feet of a residential zoning district. (c) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to Minn. Statutes Section 340A.301. (d) Total production of malt liquor may not exceed 250,000 barrels annually. (12) Recycling and Salvage Center (a) The center shall be on a parcel with an area of at least four acres. (b) The center shall be located at least 250 feet from any residential district, school, or day care. City of Monticello Zoning Ordinance Page 359 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (c) Except for a freestanding office, no part of the center shall be located within 15 feet of any property line, or the minimum buffer yard setbacks required in Section 4.1(G), whichever requires the greater setback. (d) All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or a storage area can be seen from rights-of-way or adjacent lots. (e) All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high, located no less than 30 feet from any public right-of-way, and located no less than 15 feet from any adjacent property. (f) Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground. In the alternative, the outdoor storage of recyclable materials may occur on the ground, provided that the ground is surfaced with a suitable material acceptable to the City to control dust and drainage in a requirements, and is fenced and screened to ensure that no storage is taller in elevation than the height of the screening. (g) The facility shall at all times comply with the terms of the MCPA permitting for the site, and shall promptly comply with any order of mitigation or correction issued by the MPCA when an inconsistency or violation is found. The City may require additional improvements to prote stormwater management system resulting from operation of the facility, including but not limited to, additional stormwater treatment, reporting, and notifications as appropriate. (h) There shall be no collection or storage of biodegradable wastes (as defined by the PCA) on the site. The storage of hazardous wastes shall be, at all times, found to be in compliance with the requirements and permitting of the MPCA as applicable to the site and the material in question. (i) Space shall be provided to park each commercial vehicle operated by the center. (j) The facility shall be administered by on-site persons during the hours the facility is open. Page 360 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (k) The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present. Section 5.2(A)(2)(e): (l) Noise levels shall be controlled in accordance with Section 5.2(A)(2)(e). Noise (m) Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the center. (n) Access to the center shall be from a collector or arterial street. (o) No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties. (13) Self-Storage Facilities (a) Site Layout (i) The minimum lot area shall be at least two acres. (ii) If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings. (b) Operation (i) The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site. (ii) Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address. (iii) No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the bu (iv) Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings. (v) If buildings or driving lanes are within 200 feet of a residential dwelling, the hours of public access to the self-storage use shall be restricted to the hours between 6:00 A.M. and 10:00 P.M. City of Monticello Zoning Ordinance Page 361 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (c) Parking and Circulation (i) The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows. (ii) Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways. (iii) All access ways shall be paved with asphalt, concrete, or comparable paving materials. (d) Building Appearance (i) Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets. (ii) Outdoor lighting shall be the minimum necessary to discourage vandalism Section 4.4: Exterior Lighting and theft, and shall be provided in accordance with Section 4.4, Exterior Lighting. (iii) The exterior facades of all structures facing a public street shall adhere to Section 4.11: Section 4.11, Building Materials. Building Materials (iv) Windows may not exceed 20 percent of any street-facing façade and shall not be reflective. (v) A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use. (vi) Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material. (vii) All mechanical equipment and dumpsters shall be fully screened from off- site views. (e) Fencing All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards: (i) Fences shall be no shorter than six feet or taller than eight feet. (ii) Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings. (iii) Chain link fencing is prohibited except where the use abuts lots with a business zoning designation, but in no instance shall chain link fencing be visible from a public street. Page 362 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses (iv) Metal fences shall include brick pilasters or supports located with consistent on-center spacing. (v) Wooden or chain link entry gates into the use are prohibited. (f) Open Storage Open storage of recreational vehicles and travel trailers of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met: (i) No outdoor storage shall be visible from off-site views. (ii) The storage shall occur only within a designated area, which shall be clearly delineated. (iii) The size of the storage area shall not exceed 25 percent of the buildable area of the site. (iv) Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall at least eight feet high. (v) Storage shall not occur within the areas set aside for minimum building setbacks. (vi) No dry stacking of boats shall be permitted on-site. (vii) Vehicles shall be allowed on the premises for storage only. (14) Truck or Freight Terminal (a) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located. Section 4.1(I): (b) Parking areas shall be screened from view of abutting residential districts in Standards for compliance with Section 4.1(I) of this ordinance. Required Screening (c) The entire site, other than that taken up by a building, structure, or plantings, shall be surfaced with a material to control dust and drainage, which is subject to the approval of the Community Development Department. (d) The site shall meet minimum lot dimension requirements of the District. City of Monticello Zoning Ordinance Page 363 CHAPTER 5: USE STANDARDS Section 5.2 Use-Specific Standards Subsection (G) Regulations for Industrial Uses Section 5.3(D)(26): (e) No outside storage except as permitted or conditionally permitted in Outdoor Storage compliance with Section 5.3(D)(26) of this ordinance. (f) Parking areas accessible to the public, including customers and employees shall be paved. (g) No more than six thousand (6,000) square feet of the site shall be devoted to the storage, parking, and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit. (h) All service activities shall occur within the principal building or approved accessory buildings. (15) Waste Disposal and Incineration (a) Disposal must be in accordance with Minnesota Pollution Control Agency City Code Title 7, regulations. Chapter 6: Garbage and Refuse (b) The facility must secure applicable local, county, state, and/or federal permits. (16) Wrecker Services (a) No portion of any salvage yard or junkyard shall be located within five hundred (500) feet of any residence district; (b) All outside storage in such yards shall be enclosed by a sight-obscuring fence of at least eight (8) feet in height, which fence and the materials used to construct it shall be approved of by the City; (c) No vehicles or junk shall be dismantled or stored within the 100-year flood plain. (d) Upon receiving a motor vehicle which will not be repaired, the battery shall be removed and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable Federal and State laws, rules, and regulations. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground. Page 364 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (B) General Standards and Limitations for Accessory Uses and Structures (e) To reduce noise, all dismantling of motor vehicles shall take place during timeframes deemed reasonable by the City; (f) No vehicle or junk shall be dismantled or stored within three hundred (300) feet of any water body or inland wetland, regardless of size; (g) No vehicles or junk shall be stored within three hundred (300) feet from the property line of any school, church, public playground, public park or cemetery or within ordinary view from the public facility. (h) No vehicles or junk shall be dismantled or stored within three hundred (300) feet of a well that serves as a public or private water supply unless such well serves the business; (i) No vehicles, junk or parts of other items shall be stored closer than one (100) feet of any property line. 5.3 Accessory Use Standards (A) Purpose This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands. (B) General Standards and Limitations for Accessory Uses and Structures (1) Compliance with Ordinance Requirements All accessory uses and accessory structures shall conform to all applicable requirements of this Ordinance. The provisions of this Section establish additional standards and restrictions for particular accessory uses and structures. City of Monticello Zoning Ordinance Page 365 Planning Commission Agenda 10/03/17 3B. Council Action on Commission Recommendations Consideration of approving Final Stage Planned Unit Development for Crown Bay City Council approved on 9/25/17 on the consent agenda. Consideration of approving a request for Amendment to Conditional Use Permit for Planned Unit Development, Development Stage Planned Unit Development, and th Preliminary Plat for Carlisle Village 6 Addition for single family lots in an R-2 (Single Family and Two Family Residential) District. Applicant: Paxmar LLC City Council tabled action on 9/25/17 to allow staff to prepare findings of fact for denial of the application. The applicant also has the option of amending application to address the items of concern addressed by the City Council, including those noted in the staff report and Exhibit Z. Consideration of approving an amendment to the Monticello Comprehensive Plan for the Downtown Small Area Plan. Applicant: City of Monticello City Council approved the amendment to Comprehensive Plan for the adoption of the Downtown Small Area Plan in a 5-0 decision. Right of Way Ordinance Consideration of adopting Ordinance 682 by adding Title 8, Chapter 10 Rights-of-Way Regulation and adopting Summary Ordinance for publication City Council approved this ordinance 5-0. An implementation meeting and series of action steps by the boards will follow within the coming months. Land Use Update Monticello Comprehensive Plan Staff has proposed as part of 2018 budgeting an update to Chapter 3 Land Use of the Monticello Comprehensive Plan. Specifically, staff believe an updated to the 2008 plan is warranted to address the following issues: Land use for former Silver Springs golf course area Land use review in companion to the 2016 Interchange Land Use Study and anticipated 2018 TH25 Transportation Study Evaluation of land area adjacent to River Mill and Groveland neighborhoods; this evaluation is important as the City works to achieve the Comprehensive Plan go Annexation area planning, including general densities for residential development, industrial development. Review of former City bio-solids land area. With development pressure once again on the increase, a clear plan for land use as related Њ