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Planning Commission Agenda 06-05-2018AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, June 5th, 2018 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison: Charlotte Gabler Staff: Angela Schumann, Steve Grittman (NAC), Jacob Thunander 1. General Business A. Call to Order B. Consideration of approving minutes a. Joint Meeting Minutes — May 1, 2018 b. Regular Meeting Minutes — May 1, 2018 C. Citizen Comments D. Consideration of adding items to the agenda E. Consideration to approve agenda 2. Public Hearings A. Continued Public Hearing - Consideration of a request for Rezoning to Planned Unit Development and Development Stage Planned Unit Development for a 44- unit, 4 story apartment complex in the CCD (Central Community District) Applicant: The Briggs Companies B. Public Hearing - Consideration of a request for Variance to Mississippi River Wild & Scenic District for setback from top of bluff for proposed residential building expansion of 275 feet in the R-1 (Single Family Residence) District. Applicant: Dale Bergstrom C. Public Hearing - Consideration of a request for Conditional Use Permit for an approximately 480 square foot residential detached Accessory Use Structure — Major in an R-1 (Single-Family Residence) District. Applicant: Joe Yakymi D. Public Hearing - Consideration of preliminary and final plat for Oakwood 3ra Addition, a two lot subdivision in the I-1 (Heavy Industrial) District Applicant: Platinum Technologies, LLC E. Public Hearing - Consideration of a request for Amendment to Monticello Ordinance Chapter 5.4 — Temporary Uses, Chapter 4.1 — Landscaping and Screening, Chapter 4.4 — Exterior Lighting and Chapter 8.4 — Definitions, Chapter 5.3 — Accessory Use Standards. Applicant: City of Monticello F. Public Hearing - Consideration of an amendment to the Monticello Zoning Ordinance, Chapter 3, Section 7 for the Floodplain Overlay District Applicant: City of Monticello 3. Regular Agenda A. Consideration of the Community Development Directors Report 4. Added Items 5. Adjournment MINUTE S SPECIAL/JOINT MEETING - MONTICELLO PLANNING COMMISSION AND CITY COUNCIL Tuesday, May lst, 2018 - 4:00 p.m. Mississippi 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, Charlotte Gabler, Lloyd Hilgart Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, Ron Hackenmueller, Jeff O'Neill, Shibani Bisson (WSB) 1. Call to Order Brad Fyle called the Joint Meeting of the Monticello Planning Commission and City Council to order at 4:00 p.m. 2. Sketch Plan Review and Concept Sta�e Planned Unit Development for a 349 unit residential subdivision Applicant: Marc Schulte Steve Grittman explained that the proposal was on the south side of the city near Klein Farms and Hunter's Crossing development. He explained that the area would need to be annexed into the city prior to any formal land use application. When annexing land, it must generally reflect the expectations for land use in the area. An Environmental Assessment Worksheet (EAW), to identify any environment impacts and mitigation steps, would also need to be completed in order for the development to move forward. Preliminary Plat, Rezoning Development and Final Stage Planned Unit Development, Comprehensive Plan Amendment, and Final Plat would be required. The submitted plans propose a mix of housing options, including: R-1 (Single Family Residence District/243 lots) and R-A (Residential Amenities District/361ots), and R-3 (Medium Density Residence District/761ots). Grittman explained that the City is also working on completing a sanitary sewer study for the south portion of the orderly annexation area. Bill Fair asked if the entire proposal falls within the orderly annexation area. Grittman confirmed. Fair asked for the current capacity of the existing sewer and water utility system. Shibani Bisson stated that the City's sewer and water plan indicated the extension of a deep gravity sewer line along Fallon Avenue. There is capacity within the current City limits. She stated that the sanitary sewer study should be completed within the next few months to determine the capacity to serve the annexation area. Charlotte Gabler asked if the applicants wanted to begin with the proposed development near the northeast portion of the site, if they could be served on the current system. Bisson stated that there is a connection near Hunter's Crossing that could be tied into, but the grades would need to be evaluated to determine if a lift station would be necessary. Planning Commission Minutes — May 1, 2018 Page 1 � 3 Brian Stumpf noted that on the aerial it appears a small piece of property near the center of the proposed proj ect is excluded from the development. It was noted that that parcel would be included with the development plans. Bill Fair asked if there was any area designated for parks. Grittman responded that Hunter's Crossing Park was nearby and that it would need to be determined if the developer would like to proceed with park land dedication or, in lieu, pay for park land. Angela Schumann stated that it was discussed with the developer that it is the City's policy to extend pathway facilities on both sides of collector routes. Trail routes throughout the proposal were also incorporated in the concept design. Gabler asked how the streets would be accommodated to fit the development plans. Bisson stated that the EAW would address how the proposed traffic would function on the site. It was noted that all driveways would be from interior streets and not directly onto Fallon Avenue. Gabler asked if larger lots of two acres or more could be provided. Grittman responded that it would be a land use policy question. Grittman responded from his experience, any lot over one acre is difficult to afford service for municipal utilities. Fyle asked if any of the streets would exit onto township roads. Grittman stated the intent was that all would utilize Fallon Avenue and 85th. Lloyd Hilgart recommended a discussion about the R-A lots occur. He thought that 90 feet lot widths were not wide enough. Schumann stated that in the recodification of the Zoning Code that the minimum width is 90 feet, but 40 percent of the lots in the subdivision need to be 100 feet. Marc Schulte, developer, introduced himself and briefly described the project. He proposed a full development within 3-5 years, but that was dependent on utility studies, demand, and cost. He reminded that he was only the developer and would be working with builders on the housing design. Fair asked for Monticello's housing supply. Schumann responded that it was approximately under 25 lots for single family. Rick Kothenbentel, 8874 Farmstead Avenue, was concerned with the amount of traffic that the proposed development would bring especially as it relates to the nearby schools and neighborhoods. Schumann responded that the Monticello Public Schools were awarded a Safe Routes to School grant to increase safety and that interim solutions were also being identified. Robert Sauer, 4963 Park Drive, asked construction would start. Fyle stated that it would likely be 2-5 years for development. Tom Collins, 8278 Eisele Avenue, asked about the dashed line near Phase 1 on the plans. Schumann responded that it was a boundary line. Collins asked about tree preservation in that area. Schumann responded that the City platting required a tree inventory and that development outside of the proposed boundary would be considered with future development. Planning Commission Minutes — May 1, 2018 Page 2 � 3 Doug Stokes, 8066 Edmonson Avenue Northeast, asked where the developer would begin development. Fyle indicated that the developer has phased the plan and would start in the upper right corner. Lesia Gerzema, 7894 Edmonson Avenue Northeast, asked how wildlife would be impacted with the development. Schumann responded that with the platting process, wetlands would be evaluated against the national resource inventory. An EAW would also identify environmental impacts. Grittman also added that with the larger lots near the wetland would further protect against environmental impacts. The Wetland Conservation Act would need to be followed for development near or on a wetland. Fyle asked about runoff. Bisson stated that stormwater ponds have been shown in the proposed plans and would accommodate the development. Doug Stokes identified concerns with flooding. Steve Grittman reviewed the process of the development following Concept Stage. Discussion pursued about Fallon Avenue. Fyle asked about the plan for to connect to Country Road 37. Grittman stated that the plan was to continue with Eisele Avenue. Marc Simpson asked for the turning radius and width of the cul-de-sacs. Bisson stated that they would need to follow the design standards set by the City. 3. Adiournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 5:19 P.M JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: June 5, 2018 ,� Attest: � Angela Schumann, Community Development Director � Planning Commission Minutes — May 1, 2018 Page 3 � 3 MINUTE S REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May lst, 2018 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander 1. General Business A. Call to Order Brad Fyle called the meeting of the Planning Commission to order at 6:00 p.m. B. Consideration of approvin� minutes a. Workshop Meetin� Minutes — April 3''d, 2018 MARC SIlVIl'SON MOVED TO APPROVE THE WORKSHOP MEETING MINUTES FROM APRIL 3R�, 2018. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. b. Re�ular Meeting Minutes — April 3''d, 2018 MARC SIMPSON MOVED TO APPROVE THE REGULAR MEETING MINUTES FROM APRIL 3R�, 2018. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Citizen Comments None. D. Consideration of addin� items to the a�enda None. E. Consideration to approve a�enda N/A 2. Public Hearin�s A. Consideration of a request for Variance to rear vard setback requirements in the R-2 (Sin�le Family and 2 Family Residential) District Applicant: Daniel and Christine Stevens Steve Grittman stated the applicant is seeking a variance to the rear yard setback for the construction of a new garage. The property is located at 419 3rd Street West. Currently there is a single stall attached garage facing 3rd Street. Grittman explained that per the zoning ordinance, the front yard is Maple Street. A 30 foot setback in the rear yard is required. Grittman explained that most homes now have a two stall garage and that there is no practical way to complete the addition without a variance. Planning Commission Minutes — May 1, 2018 Page 1 � 7 The applicant has indicated a proposal to change the current garage into living space, with the addition of a two stall attached garage on the east side of the building. Grittman explained that an existing shed exists on the property and would need to be 6 feet away from each structure. Staff recommended approval of the variance to setback for the construction of the garage. Grittman explained the applicant should move the shed to a conforming location, shrink the proposed garage by half of a foot, removal of the shed, attach the shed to the garage, or propose a larger garage. The Planning Commission asked about the proposed setback Grittman responded the applicant is proposing a thirteen foot setback. Katie Peterson asked if the shed is on a permanent foundation. Grittman stated that he believed it was movable. Brad Fyle asked about access to the site. Grittman explained that it would likely be curb removal and new driveway. Peterson asked if the existing apron would be converted to curb. Grittman confirmed. Sam Murdoff asked what the typical size of a garage stall addition was. Grittman stated about 12 feet, which would still encroach in the rear yard setback. Fyle opened the public hearing and invited the applicant to speak first. Daniel Stevens, 419 West 3rd Street, explained the difficulty of adding an additional stall to the existing garage rather than building a two stall garage. Fyle asked what the applicant would like to do with the shed. Stevens proposed cutting the end wall off six inches to meet the setback. He would also re-side the shed to match the home. Grittman stated that would meet the intent of Exhibit Z. Hearing no further comments, the public hearing was closed. MARC SIMPSON MOVED TO ADOPT RESOLUTION NO. PG2018- O1IAPPROVING THE SETBACK VARIANCE FOR THE STEVENS GARAGE ADDITION AT 413 3RD STREET, BASED ON FINDINGS 1N SAID RESOLUTION, AND PURSUANT TO THE CONDITIONS IDENTIFIED 1N EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. EXHIBIT Z Stevens Setback Variance 419 3''d Street West South Half of Lots 1 and 2, Block 38 Planning Commission Minutes — May 1, 2018 Page 2 � 7 Original Plat of Monticello 1. Applicant verifies that materials for the addition will match those of the existing structure. 2. The existing shed is relocated to a conforming location on the property, or the applicant chooses one of the other options to resolve the shed setback/building separation requirement. 3. The applicant applies for all aspects of the proj ect under a common building permit request, with occupancy only upon completion of the entire proj ect. 4. The applicant applies for and receives a driveway permit to modify the existing driveway location to comply with the revised site plan and ordinance requirements. 5. And additional recommendations of other staff. B. Consideration of a request for amendment to Conditional Use Permit for wireless communications antenna on existin� telecommunications tower in the R-A (Residential Amenities) District Applicant: Nextera Communications Steve Grittman stated the request for amendment to Conditional Use Permit was to modify the antenna. The applicant is proposing to change out several of the antennas. The applicant indicates that the height of the two higher antennas are staying in place and that the proper elevation is 316 feet. Grittman also explained that one of the sector antennas at 330 feet is being removed and proposed to add one, two foot diameter parabolic antenna at 300 feet. Another sector antenna at 330 feet is being removed and replaced by newer technology sector antenna at 110 feet. Grittman also stated that one of the 2 foot diameter parabolic antennas at 110 feet is being changed in its licensing status. The applicant is not proposing to change any of the ground equipment or anything on the site. Staff recommend approval of the application with conditions in Exhibit Z. Brad Fyle opened the public hearing and invited the applicant to speak first. Paul Brandt, Nextera Communications, provided an overview of the need for newer technology. Hearing no further comments, the public hearing was closed. Decision 1: Resolution recommending approval of a CUP for the construction of telecommunication antenna equipment on an existing communications tower. SAM MURDOFF MOVED TO APPROVE RESOLUTION PG2018-012 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT Planning Commission Minutes — May 1, 2018 Page 3 � 7 PENDING THE STRUCTURAL ENGINEER' S REVIEW AND APPROVAL, BASED ON F1NDINGS 1N SAID RESOLUTION AND CONTINGENT ON COMPLIANCE WITH CONDITIONS 1N EXHIBIT Z. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Exhibit Z Conditional Use Permit Nextera Antenna Co-location 6111 Wildwood Way 1. Submission of final construction plans for building department review. 2. Compliance with requirements of other City staff. C. Public Hearin� — Consideration of a request for Variance to hei�ht of a structure above 25 feet in the Mississippi River Wild & Scenic District, Variance to parkin� delineation standards, and Variance to rear yard setback in the I-1 (Li�ht Industrial) District Applicant: Mike Blackston Steve Grittman explained that the applicant is proposing variances for a building addition (4,400 square feet) to the existing facility. The applicant also proposed altering the curb cuts along Broadway/County Road 39. This was proposed to facilitate truck movements. Grittman explained without variance consideration, the accommodation for an expansion to the site would not be possible. Grittman explained that the DNR was provided the application per State Statute and recommended the addition of tree plantings to create a visual filter from the building to the river. The applicant also proposed adding additional space to a parking lot. Staff recommended approval of the applications with Exhibit Z comments. Brad Fyle asked about the setbacks for the Mississippi River Wild & Scenic district. Grittman explained that only part of the site is included in the special use district because the district follows section lines, but that the City would apply the rules for the entire site. Sam Murdoff asked for the height of the existing building for the proposed changes. It was noted that the proposed changes would be 5 feet taller than existing. Questions were asked about parking by the Planning Commission. Grittman explained that they would re-pave and re-stripe the parking lot. They are not Planning Commission Minutes — May 1, 2018 Page 4 � 7 proposing the inclusion of parking island delineators and instead proposed plantings around the perimeter of the parking lot, which would meet the code. Brad Fyle opened the public hearing and invited the applicant to speak first. Mike Blackston, Bondhus Corporation, introduced himself and the business. He stated that there are only two companies in the U. S. that do the same thing as Bondhus. The expansion is necessary to minimize costs and maximize productivity within the facility. The intention when the addition is complete is to add another product line which will add an additional 10 million dollars in revenue. Marc Simpson asked about the use for the expansion. Blackston explained that it is a two story addition. On the second floor there would be shipping picking and warehousing. On the first floor, there would be manufacturing space with the new product line in that space. Blackston also noted that they are separating employee parking from truck parking. Fyle asked if the applicant reviewed the comments identified in Exhibit Z. Blackston confirmed and were in agreement with those conditions. Hearing no further comments. The public hearing was closed. Decision 1. Variance to Building Setback SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PG2018-013, APPROVING THE PROPOSED SETBACK VARIANCE, BASED ON FINDINGS 1N SAID RESOLUTION AND ON THE CONDITIONS IDENTIFIED 1N EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Decision 2. Conditional Use Permit for Additional Height. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PG2018-014, RECOMMENDING APPROVAL OF THE PROPOSED CONDITIONAL USE PERMIT, BASED ON FINDINGS 1N SAID RESOLUTION AND ON THE CONDITIONS IDENTIFIED 1N EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Decision 3: Variance to 25' Height Requirement in M�VSRR SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PG2018-015, APPROVING A VARIANCE TO BUILDING HEIGHT REQUIREMENTS 1N THE MISSISSIPPI WILD SCENIC AND RECREATIONAL R1VER DISTRICT, BASED ON FINDINGS 1N SAID RESOLUTION AND ON THE CONDITIONS IDENTIFIED 1N EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Planning Commission Minutes — May 1, 2018 Page 5 � 7 EXHIBIT Z Setback Variance/Height CUP and Variance for Bondhus Corporation 1400 East Broadway PID 155011000031 1. Applicant provides planting of up to three additional overstory trees in the boulevard of Broadway, in consultation with the City, to meet the intent of the DNR recommendations for Wild and Scenic River District protection. 2. The applicant provides lighting plans for the verification of compliance with code as a requirement of building permit application. 3. The applicant complies with applicable sign regulations if signage is proposed. 4. The terms of the City Engineer's report are met, including requirements for encroachment agreement, utility easement and trail easement. 5. Other conditions of City staff and officials. � D. Public Hearin� - Consideration of a request for Rezonin� to Planned Unit Development and Development Sta�e Planned Unit Development for a 44- unit, 4 storv apartment complex in the CCD (Central Communitv District) Applicant: The Bri��s Companies Steve Grittman stated that the applicant has asked that the Planning Commission table action. Brad Fyle opened the public hearing, but asked that the Planning Commission not take any formal comments from the public as the applicant was not present. SAM MURDOFF MOVED TO TABLE ACTION ON THE REQUEST AND TO CONTINUE THE PUBLIC HEARING TO THE JUNE 5, 2018 REGULAR PLANNING COMMISSION MEETING. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Steve Grittman stated that typically a public hearing notice is not republished and that the application materials would be available the week before the Planning Commission meeting to review. 3. Re�ular A�enda A. Consideration to call for a public hearin� on June 5th, 2018 for consideration of an amendment to the Monticello Zonin� Ordinance, Chapter 3, Section 7 for the Floodplain Overlav District Angela Schumann explained that the Planning Commission is being asked to call for Public Hearing for an update the City's Floodplain Overlay District. Schumann stated that the City is required to update the Floodplain Overlay Planning Commission Minutes — May 1, 2018 Page 6 � 7 District ordinance in conjunction with the update the flood hazard determination floodplain maps. Schumann reminded the Planning Commission of their preliminary review at a previous Planning Commission meeting and noted that the draft was sent to the DNR for review. She stated that the DNR gave the City a conditional approval subj ect to all public hearing requirements and comments of the City. Schumann reviewed the history and need to update the ordinance. She stated that in order for Monticello to stay in the National Floodplain Insurance Program, the City must adopt an updated ordinance. MARC SIMPSON MOTION TO CALL FOR A PUBLIC HEARING ON JUNE STH, 2018 ON A PROPOSED AMENDMENT TO MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 7 FOR FLOODPLAIN OVERLAY DISTRICT. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. B. Consideration of the Communitv Development Directors Report Angela Schumann provided the Community Development Directors Report. Schumann stated that a special meeting would need to occur to hold the Commission Training and Tour. SAM MURDOFF MOVED TO HOLD A SPECIAL MEETING ON MAY 22ND AT 5:30 PM JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. 4. Added Items � None. 5. Adiournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:14 P.M JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: June 5, 2018 Attest: Angela Schumann, Community Development Director Planning Commission Minutes — May 1, 2018 Page 7 � 7 Planning Commission Agenda — 06/OS/2018 2A. Continued Public Hearin� —Consideration of a request for Rezonin� to Planned Unit Development and Development Sta�e Planned Unit Development for a 44- unit, 4 story apartment complex in the CCD (Central Communitv District) Applicant: Pat Bri��s/Bri��s Companies. (NAC) Property: Planning Case Number: Legal: Lots 1-3, Block 36, Original Plat Address: 213 3rd Street West 1 : 11: A. REFERENCE & BACKGROUND Request(s): Development Stage PUD and rezoning to PUD for 4- story, 47 unit multiple family building; the applicant has modified the unit count to 47 units from 44 Deadline for Decision Land Use Designation: Zoning Designation: Overlays/Environmental Regulations Applicable: Current Site Use: Surrounding Land Uses: North: East: South: West: July 31st, 2018 (Extended 60-days) Downtown CCD, Central Community District (Walnut/Cedar Character Area) 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 implementthe goals, objectives, and specific directives of the Comprehensive Plan, and in particular, the Monticello Downtown Small Area Plan report. � Vacant Mixed Use Commercial/Residential Commercial/Professional Office Commercial Retail Mixed Low Density Residential Project Description: The applicant proposes to develop the subject property, a.76 acre parcel, for multiple family residential uses via rezoning to Planned Unit Development (PUD). The Planning Commission Agenda — 06/OS/2018 proposed building is 4 stories in height, with a base level of underground parking a surface parking lot, and the development of additional on-street parking around the site. General Requirements: The proj ect was presented as a concept sketch to a j oint meeting of the Planning Commission and City Council earlier this year. The comments from City officials and staff are summarized as follows: • Land use (residential) was found to be consistent with the Small Area Plan. • Height is generally consistent with Small Area Plan, which would accommodate 3-5 story buildings. • Parking will be scrutinized closely — concerns over existing parking issues on the block, as well as on adjoining private property. • Concerns were expressed about materials and proximity to adjoining property. • Additional green space and separation from adjoining properties was a potential issue. • Several potential engineering issues were identified for more extensive review with Development Stage consideration. • Density was an issue for some, with a minority view expressing a desire for medium density housing on the site. The applicant made some adjustments to the plan following the concept review as a part of the Development Stage PUD application. The applicant requested tabling of the request and continuation of the public hearing in May to further address concept and staff comments. The applicant and applicant's engineer provided response to staff's comments as related to the first Development Stage plan submittal, which are attached for reference as Exhibit and X. The total unit count has been amended slightly to 47 units. The underground garage would accommodate 33 covered parking stalls, with an additiona135 surface spaces on-site. The applicant's plan shows a further 12 spaces of on-street angled parking (8 along 3rd Street and 4 along Locust Street). Side setbacks from the east boundary and Locust Street have been increased from the previous 5 feet to 10 feet and 11 feet, respectively. The site and building plans have been modified slightly to accommodate an interior trash room that would be accessed through the surface parking at the west side of the parking lot. Land tlse/Compatibility. The Small Area Plan, which is an adopted appendix of the Land Use Chapter, envisions development that is able to occur in small to medium investments in 2 Planning Commission Agenda — 06/OS/2018 quarter-block increments, such as proposed. The plan's text and visual illustration support the development of a residential project at this corner. One of the primary framework goals for the Walnut & Cedar Character Area in which the proposed project is located is "In-fill neighborhoods extend to Walnut and Cedar Street with new infill housing of 2-4 stories (apartments and townhouses)". The Small Area Plan calls for a mix of commercial and housing along Walnut, with a greater focus on mid- to high density housing throughout the area. In specific design standards within the plan, it suggests that such housing may include buildings of up to five stories in height. In this regard, the proposal is consistent with the land use framework for its location. Planning Commission will note that the application requests for hearing and consideration are Development Stage PUD and rezoning to Planned Unit Development. Planning Commission's recommendation on the rezoning action will be taken to the City Council with the Final Stage PUD request. Parking. As noted above, parking is of significant concern in the area. Neighbors to the site in question have cited either lack of available parking for current development, or non- customer parking utilizing other private parking facilities. The proposed facility consists of 47 units — 19 one-bedroom units and 25 two- bedroom units, with an additional3 studio units. As noted, the applicant is proposing an underground garage of 33 parking spaces, along with 35 surface spaces. The applicant's plans also propose 12 on-street angled spaces to be constructed with the project. While parking in the downtown area is most efficiently designed when there are shared opportunities, residential parking needs to supply its full complement on- site (without relying on street parking) to ensure successful housing development. The issue in this regard is what that full complement should consist of. The City's zoning ordinance recommends a general standard supply of 2.5 spaces per unit, which would require 117 parking spaces for this project. The CCD Residential Overlay District recommends 1.5 spaces per unit, of which half are required to be covered. Applying that standard, a requirement of 66 spaces would be necessary, 33 of which would have to be covered. The proposed proj ect, with 68 spaces and 33 covered, would meet this requirement for total parking spaces available. For additional reference, staff has reviewed a number of additional resources to determine an applicable parking requirement for this use. The Institute for Transportation Engineers (ITE) is one of the primary resources for traffic and parking generation studies. The recent ITE reference materials examine parking accumulation for a wide variety of land uses, calling out suburban low/mid rise apartments (up to 4- 5 stories) as a distinct use. For these uses, the ITE studies show an 85th percentile 3 Planning Commission Agenda — 06/OS/2018 parking demand of 1.46 spaces per unit, and for suburban projects, a demand of 0.9 spaces per bedroom. These projections would recommend a total of 68 spaces (on a per unit basis) or 65 spaces on a per bedroom basis. These numbers would suggest that the proposed supply of 68 off-street spaces should be adequate, presuming two factors: 1. All of the off-street spaces are available to the tenants (that is, the spaces are included in rent, and as such, tenants cannot "opt out" of utilizing them); and 2. The on-street angled spaces are constructed to supply visitor parking during days, and when no late-night parking restrictions impact tenant use. The City should determine the appropriate amount of parking applicable to this use under the PUD zoning requirements. As noted, staff believes that the entire requirement of tenant-generated parking should occur on-site to ensure that the residential use of the site is accommodated, and that such parking does not impact other neighboring property. The applicant notes that the underground parking will be fully available to avoid some of the spaces going un-rented, and from overflowing on- site parking onto the street or other areas. Building Design. The proposed building plans are shown in illustrations, with more detailed materials and data supplied with the narrative portion of the application. The general design shows a hipped-roof four-story building with some gables over the enclosed porches serving the various units. The lower level shows a brick or cultured stone wainscot treatment, with what is understood to be lapped siding above. The cultured stone is described as covering the street and parking lot sides (south, west, and north) up to eight feet, and up to four feet on the east side. The lapped siding portion is identified as steel, with various complementary trim materials. Staff believes that additional brick/stone treatment would benefit the building, and meet the intent of the PUD requirements for superior design and amenities. In addition, the brick/stone should be illustrated to extend to the ground level where the grade drops across the site. While the applicants have reconfigured the site plan to increase the setback to the east, building architectural details should be enhanced for that exposure. In this regard, the applicants have been addressing additional materials details with staff, and it is expected that the brick exposures will be expanded as the design evolves. Additional information would be helpful to properly evaluate whether the building meets the City's expectations for PUD design, as well as for EDA financial participation. The City's application materials typically include full architectural elevations of all sides, including details of height and materials. The supplemental submission materials help to illustrate the architectural intent, but as noted, more full information would be valuable. � Planning Commission Agenda — 06/OS/2018 Access and Circulation. The site is accessed from Locust Street, into a parking lot which terminates at the east end of the property. At the east end, a ramp angles downward to the underground garage. The primary comment relating to circulation would be the parking spaces adj acent to the building. For the space next to the underground ramp access (the easternmost parking space), there should be some room for door swing and vehicle access. Shifting this row of parking slightly to the west, by 3-4 feet, would accommodate this access. The ramp itself should likely have a railing along the top of the wall for safety. The applicant should be prepared to verify that the angle of the ramp can be accessed with typical passenger vehicles, both for turning movements, slope, and "break-over" angles at top and bottom of the ramp. Landscaping. The applicants have provided an updated landscaping plan which incorporates street tree planting along Locust Street, and one street tree along 3rd Street. Additional overstory tree planting is shown on the private property area of the site plan. Extensive planting beds of shrubs and perennial forbs and grasses are shown around the building foundation and at the east end of the parking lot. The parking lot itself has been shifted allow a buffer and planting area of evergreen and deciduous shrubs between the surface parking and the neighboring parking area to the north. The Zoning Ordinance provides for the following planting quantities for multiple family proj ects: 16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at least 2 shrubs per each 10 feet of building perimeter. This site is .76 acres in area, and the proposed building is approximately 484 feet of building perimeter. As such, the planting requirements would be 12 caliper inches of canopy trees and 98 shrubs. The applicant has shown 11 overstory trees. If planted at 2" caliper size, the total tree planting would exceed the requirement. The plan further shows 84 shrubs and 74 perennial plants, also exceeding the minimum requirement. As now designed, the plan shows significantly increased shrub planting in the foundation space, and elimination of some of the lawn grass areas. After discussions with staff, the applicant has shifted the parking lot away from the north property line to accommodate a narrow shrub planting. As a final recommendation, staff would suggest the addition of an ornamental fence, such as simulated wrought iron or similar treatment. Extending this fence and shrub line to surround the parking lot along the full length of the north and east boundaries 5 Planning Commission Agenda — 06/OS/2018 would help beautify what is a relatively stark paved environment, and delineate the parking area, discouraging non-resident parking overflow from the adjoining lot, as well as to discourage tenant parking off-site. With these additional tree and shrub planting areas, the requirements of the ordinance are met. It should be noted that staff's recommendation for a fence and landscape buffer is intended to separate, but not necessarily fully screen, the site from adjoining property. Lighting. Lighting information has been included with the plan set. The plans submitted show downcast wall lighting only, with no freestanding pole lighting. A photometric plan has been provided and the applicant shall revise the site lighting to meet the ordinance requirements which allow for no more than 0.5 foot-candles of illumination at the property line. In addition to the wall lighting, the applicant's illustrations include an anticipated streetscape improvement which reflects the City's Walnut Street improvements, including lighting standards. The applicant should work with staff to determine the locations for that lighting. Signage. Signage information has not been included with the plan set in part. The plans show a ground sign identifying the building. The plan is a concept at this time, with no specific dimensions. The sign would be located near the entrance driveway within the landscaped area. The CCD Transitional Area allows monument signs to be a maximum of 6 feet in height. More detail as to size and materials will be required for final stage approval. Grading, Drainage, and tltilities. The City engineer will comment separately on grading drainage, and utility services. It should be noted that the applicant has received preliminary comments from the City Engineer and has provided response comments, which are included for reference. Comments resulting from the secondary review of revised and resubmitted civil plans are detailed in the City Engineer's memo dated May 30th, 2018. Accessory Use Requirements. Trash Handling. Trash is handled in an interior trash room accessible from the parking lot in the west end of the site. Accessory Buildings. No accessory buildings are proposed for the site. Plat Standards. C� Planning Commission Agenda — 06/OS/2018 Preliminary/Final Pla� The parcel is a single existing lot of record — no plat is required. Other Items. Pedestrian access. The site is served by sidewalks proposed for construction as a part of the project along both 3rd Street and Locust Street. The sidewalks require connection to the current sidewalk system along Walnut Street and north Locust Street. Staff would suggest the potential for the applicant working with the City to extend the proposed sidewalks as noted, utilizing a portion of the project's park dedication fee, subj ect to Park Commission and City Council consideration. The applicant's sketches and photographic illustrations suggest an intention to extend the Walnut Street streetscaping materials and designs to incorporate the subj ect site. Transition and Shadow Len�,th. The zoning ordinance provides for additional protections when multiple family buildings are proposed near low density housing. The ordinance requires that when a building that is taller than the base zoning allowance casts "additional" shadow on adj acent property, the City may require transitional features to mitigate this issue. The ordinance applies this requirement between 9:00 a.m. and 3:00 p.m. as timeline for this measurement. In this case, the longest shadowcast between these times on adj acent low density (to the west) will be approximately 2 times the height of the building at 9:00 a.m. during spring and fall. It does not appear that the proposed building shadow would reach the adjoining building as now configured. The applicant has also employed various transition techniques as identified in Section 4.7 of the code, orienting balconies away from the residential uses to the west, and locating off-street parking adj acent to similar uses on adj acent sites. B. ALTERNATIVE ACTIONS Motion to adopt Resolution No. PC-2018-016, recommending approval of the Development Stage PUD and rezoning to PUD for Third Street Apartments, based on the findings in said resolution, and subj ect to the conditions as incorporated in Exhibit Z. 2. Motion to deny adoption of Resolution No. PC-2018-016, based on findings identified by the Planning Commission following the public hearing. 3. Motion to table action on Resolution No. PC-2018-016, subj ect to additional information from the applicant and/or staff. 7 Planning Commission Agenda — 06/OS/2018 C. STAFF RECOMMENDATION Staff believes that the land use, density, and parking supply are appropriate for the location. As noted in the material above, there are a number of site design details to resolve as a result of the Development Stage PUD review. Final building elevations, materials, and site planning are still in need of additional detail, or alteration given the recommendations in Exhibit Z. In addition to those elements noted as planning and zoning issues, the City Engineer has several civil design comments and recommendations. Staff therefore supports Alternative 1 contingent on the resolution of Exhibit Z conditions as noted. While all plans are not yet in final form, the applicant is proposing to go forward with the submissions as now provided, making required changes as part of final stage PUD documentation. In making a recommendation, the Planning Commission should consider whether the proj ect is adequately clear and plans are sufficient to justify a Development Stage PUD recommendation. Since the public hearing is held at this stage, members of the public will not be able to view the complete development plan as noted. In working with the applicant since the concept submittal, staff believes that the design and site elements are evolving toward a proj ect that will meet the intent of the City's Comprehensive Plan objectives. If the Commission believes that it has had an adequate opportunity to understand the scope and impacts of the project as a PUD, staff would recommend approval with the Exhibit Z conditions a part of any recommendation. The applicant will be required to revise plans consistent with any Council-approved Exhibit Z in order to proceed to Final Stage PUD and final PUD rezoning action. D. SUPPORTING DATA A. Resolution PC-2018-016 B. Aerial Site Image C. Applicant Narrative D. Certificate of Survey E. F. G. H. I. K. L. M. N. Site & Utility Plan Grading and Erosion Control Plan Development Sketch Rear Elevation Sample Floor Plan Landscaping Plan Fence, Wall and Signage Illustration Photometric Plan Lighting Specifications Sample Streetscape Images — Sidewalk and Lighting : Planning Commission Agenda — 06/OS/2018 O. City Engineer's Letter, dated May 31st, 2018 P. Applicant Response to Prior Staff Comments Q. Applicant's Engineer Response to Prior Staff Comments Z. Conditions of Approval EXHIBIT Z Development Stage PUD 213 3''d Street West Lots 1-3, Block 36, Original Plat of Monticello 1. Assurance that all underground spaces will be available to be occupied, to ensure that the proposed parking supply is adequate as a part of the development contract and final approval. 2. The building design is supplemented with additional stone/brick treatments, perhaps at the corners of the structure or over the entrance areas, beyond just the first floor, and including consideration of the east wall. 3. Continuation of the first-floor stone down/brick to grade level to cover any foundation block or poured concrete wall exposure. 4. Submission of building elevations for all facades, including complete detail of all proposed materials for the building, including stone/brick, siding trim, and roofing materials to verify compliance with the intent of the downtown design objectives. Continuation of the decorative fence along the north and east side of the property/parking lot to discourage cross pedestrian traffic. 6. Submission of revised lighting and proposed signage plans for the building and site that show compliance with all required codes. 7. Consideration of completing the sidewalks as noted in this report, working with the City as a portion of the required park dedication fee for this project. 8. Modifications to the proposed site plan, based on final engineering plans, including grading and drainage details. 9. Submission of a final floor plan illustrating the 47-unit configuration. 10. Detail of any required retaining walls, including the use of materials that complement the building and site planning. 11. Compliance with the terms of the City Engineer's recommendations related to grading, drainage, and utilities in the report dated May 30th, 2018. � Planning Commission Agenda — 06/OS/2018 12. Execution of a Development Agreement including park dedication requirements for the proposed proj ect. 13. Consideration of comments of other staff. 10 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-016 RECOMENDING APPROVAL OF A REZONING TO "RIVERTOWN SUITES PLANNED UNIT DEVELOPMENT" DISTRICT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT WHEREAS, the applicant proposes to develop property along Locust Street and 3rd Street, legally described as Lots 1-3, Block 36, Original Plat; and WHEREAS, the applicant has submitted an application to develop said property as a 4-story, 47 unit multiple family residential proj ect under a PUD; and WHEREAS, the site is guided for as "Downtown" in the City's Comprehensive Plan; and WHEREAS, the proposed PUD is consistent with the long-term use and development of the property for high density residential uses; and WHEREAS, the Planning Commission held a public hearing on June Sth, 2018 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; 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 PUD provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by putting the existing and proposed improvements and parcel to high density residential use. 2. The proposed improvements on the site are consistent with the needs of the development in this location as a high density residential 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. 4. The site improvements will adequately serve the property so as to avoid negative impacts on surrounding private property. 5.. The PUD flexibility for the project, including building height, setbacks, parking supply and other elements, are consistent with the intent of the City's economic development obj ectives, as well as with the intent of the PUD zoning regulations. 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 Rezoning and Development Stage PUD, subj ect to the conditions listed in Exhibit Z as follows: 1. Assurance that all underground spaces will be available to be occupied, to ensure that the proposed parking supply is adequate as a part of the development contract and final approval. 2. The building design is supplemented with additional stone/brick treatments, perhaps at the corners of the structure or over the entrance areas, beyond just the first floor, and including consideration of the east wall. 3. Continuation of the first-floor stone down/brick to grade level to cover any foundation block or poured concrete wall exposure. 4. Submission of building elevations for all facades, including complete detail of all proposed materials for the building, including stone/brick, siding trim, and roofing materials to verify compliance with the intent of the downtown design objectives. Continuation of the decorative fence along the north and east side of the property/parking lot to discourage cross pedestrian traffic. 6. Submission of revised lighting and proposed signage plans for the building and site that show compliance with all required codes. 7. Consideration of completing the sidewalks as noted in this report, working with the City as a portion of the required park dedication fee for this project. 8. Modifications to the proposed site plan, based on final engineering plans, including grading and drainage details. 9. Submission of a final floor plan illustrating the 47-unit configuration. 10. Detail of any required retaining walls, including the use of materials that complement the building and site planning. 11. Compliance with the terms of the City Engineer's recommendations related to grading, drainage, and utilities in the report dated May 31 st, 2018. 12. Execution of a Development Agreement including park dedication requirements for the proposed proj ect. 13. Consideration of comments of other staff. ADOPTED this Sth day of June, 2018, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING CONINIISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director � i � : � � . t��. "4,..� . '+.,_ .. _ . j � � ���'`' . . ..`� � . �„:tji`,rF `�.``';,, - .. �-; �.. � �..'-��IiG� r:7 � � ;% '�`� ��� '��' + �` a �i ,. 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'-. �'. � �� � � ,� �. ..;� , �` .�.�� �•d b�A/� M � "`c �r �. . �`x �, `; ' , �� � i ti WJ � � Jr .+� R � .. `.,�,rr � � .�/,� �Y� y.:� i[`�� y,� . . ... •� � !�'� ��� � . � . � � . � � ,.;.,`� c,lf%i�f1 � v00i m � �.� : ;�� � ._ . f . c� .. � � ,�`� ,� . � � . �� �� ,� _ ,,,,} �a.`'��:; - .E,� r �'"� � �1� � � � r.���,� , ` � � �' . � 4 _ W � .r, ; ,� '�c� � � � ' i ' "� � K ai � _ . , , C _ . ;� �.. .. � �++ » i , ` . ► . J � �'�- - - ^-:::;� +E�'. r �:: Development Sta�e Application 4-13-18 Narrative To construct a New 44 unit, 4 story Apartment Building consisting of 25-- 1 Bedroom Suites and 19-- 2 Bedroom Suites. 44 Total Units. lst floor exterior fa�ade would include 5" EDCO Steel siding & Cultured Stone on all elevations. 2"d-4� floor EDCO 5" Steel siding. High Definition Copper Steel Shingle Shakes on each roof dormer with black screened in porches trimmed out in almond Trim Coil for Accents on all balconies to include almond railings and maintenance free decking. All Trims including Garage doors, windows, soffit, facia, Freeze Boards to include almond color far accents. 33 Underground parking stalls, 37 Uncovered parking stalls on the North Elevation, 4 stalls on Locust Street, and 8 stalls on 3'�d street which is a total of 82 stalls/44= 1.9 stalls per unit. Along 3rd and Locust Street there will be stamped stained Burgundy concrete. Tree Plantings to be imbedded in the sidewalk landscaping design will be completed as a team with city staff during PUD Phase. Proposed objectives are to Design, Construct and own a multifamily apartment building in a downtown housing district to revitalize the area with a focus on setting a standard far quality design and a commitment to conserve tenant energy consumption. Conceptual development schedule: 2/21/18-8/1/18 Development Stage 8/1/18 Construction Start 4/1/19 Certificate of Occupancy 6/1/19 � Completion of all Impervious services CCD Overlay Review Analysis. Chapter 3 Zoning Districts. Multifamily Dwellings. Under parking requirements, we meet the minimum number of total parking stalls which is 1.5 stalls per unit. Thank you for giving us this opportunity to work with and be a part of The City of Monticello Housing Efforts. Patrick Briggs 612-919-1561-pat@thebriggscompanies.com Monticello 3rd Street Corner Amenities 1. Washer/Dryer hook-ups in every unit 2. Community Room with kitchen, tables, furniture & Wi-Fi 3. Elevator 4. 9-foot ceilings with vaulted ceilings on 4th floor 5. Stainless Steel Appliances 6. Designer Lighting 7. Magic Pack furnaces and air conditioning in each suite with Wi-Fi Thermostats 8. Sub metered water in each suite 9. 2 panel doors with Brush Nickle hardware levers with Key Fob access to all doors 10. Controlled Entry 11. Surveillance throughout entire community 12. Onsite Management 13. Package Receiving 14. Outside Patio 15. Outdoor Seating 16. Heaied Underground Parking 17. High Speed Internet 18. Balconies 19. Screened in Porches on all balconies �vrapped with Almond aluminuln railings Listing Contact Information Engineer: Stark Engineering, Wayne Stark 320-249-2611- wavnes(c�starkenaineer.com Surveyor: Duffy Engineering, Barry Dorniden 320-258-2906- barr��duffYen�.com Applicant: The Briggs Companies, Patrlck Bnggs 612-919-1561- pat,(c��thebrig scompai�ies com April 13th, 2018 City of Monticello Attn: Angela Schumann 505 Walnut Street, Suite 1 Monticello, MN 55362 RE: Written Statement of Applicants understanding of financial requirements for the development of a PUD Dear Mrs. Schumann 1. Please see attached Original Signatures of Applicant & Owner for Development Stage Application. 2. The Accurate Unit Mix is located in the Revised Narrative. 3. All floor plans, including garage layout is attached 4. Colored Elevations with material information is located in the revised Narrative Document 5. Lighting Style is attached. Mounting and light distribution pian is Design Build. 6. Location and detail of proposed Signage 7. Large Trash and recycling coliection area is located in the building. 8. Thank you for your letter dated April 6th Z018 regarding Planning File 2018-008. Our company understands and has budgeted for the development of this PUD for a Multifamily Housing Project. We look for�,vard to doing more PUD Developments with city staff in the nearfuture. We look forward to seeing you on April 24th 2018 at 2:00 PM at the Monticello City Hall, as well as the public hearing with the Planning Commission on Tuesday, May 15t, 2018 at 6:00 PM Sincerely, —.--�__... _ _.-- �', .......-----. , . --- ,� 1 : — _. ___ � ____-- � _ �;.+�at iggs The Briggs Companies 633 Upland Ave NW, Suite C Elk River, MN 55330 Property Owner's Statertvent t am the fee titfe owner of the described properry and I agree to this application. I certify that I am in compliance with all ordinance requirements and conditions regarding ojfier City approvai that have been previously granted. Printed Na (Signatu 4-2-18 (Date) Applicant's Stat�fnent ' This application shall be processed in my name and I am the parry whorn the City should contact regarding the application. I have compieted ail of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. Printec! Name/Title: afu Date 4-2-18 Applicarrft's Statement Regartfing Fees & Escraw�s I acknowledge the Fees & Escrow Purpose explanation below and hereby agree to pay alf statements received pertaining to additionaf application expense an� City review. Printed Name/Title: ___.------�`"—� �� (Signatu Timelisr� for Review (Date) 4-2-18 MRl State 15.99 allows a 60-day review perio� for final action on a land use application (does not app[y ta plat applications), once that application is found to be complete, unless the City extends t�e review periocf and so notifies the applicant, Your request will not be scheduled for pubiic hearing or City review until alE rec�u'rred information has been provided and found to E�e adequate by the Community Development De�sartment. Purpose of Fees & Escrow Fees: The application fees are used for pui�licaiion of the public hearing notice in the MonticelEo Times, for postage to mail the required nokice to ad�acent ¢roperties as outlined hy orcfinance, and recording fees. Escrow: The City uses escrow deposits for staft` and consultant time for case rev�ew and preparation of documents related to the application. Tf�is may incfude en�EneerCng, legai, planning ancf environmental consultation. Should the origina( escrow be exceecfed, the app[icant or respc�nsif�le party wilf 6e bilfed for af4 additional services. It is the policy of the City of Ntonticeilo to require app[icants for fand use approvals to reimburse EEte City for costs incurred in reviewing and acting upon applicatuons, so that these costs are not borne by the taxpayers of the City. These costs include alE of the Ciry's out-of-pocket costs for expenses, including the Gty's costs for review of the application by the City's staff, ConsuCting Engineer, Consulting P[anner, City Attorney, or other consu[tanis. The City will invoice the a�plicant for these costs wicFtin 3 months of final action on the lancf use application and payment will be due within thirty (30) days. kf payment is not received as required by this agreement, the City wiil proceed on action to assess or lien. Payment of costs �ill tse required whether the application is granted or denied. CtTY REV(EW (NFORMATION — FNTERMAt. 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Il features a sleek, modern design and is carefully engineered to provide long-lasting, energy-efficient lighting with a variety of optical and control options for customized performance. With an expectecl service life of over 20 years of nighttime use and up to 76% in energy savings over comparable 4OOW metal halide luminaires, the D-Series Wall is a reliable, low-maintenance lighting solution that produces sites that are exceptionally illuminated. EXAMPLE: DSXW2 LED 30C 700 40K T3M MVOLT DDBTXD OSXW2 LED �� :fF f , .�, �� �f� ��t �' � a � ii;;i , � 1 ��, �� �� �. �: - . ;.� DSXW2 LED 20C 20 LLDs (a�,o en,ines) 30C 3ULECs (three eo9ir�es) 350 3;0 mA 30K 3UU0 K 530 5?OniA 40K 40L'OK 700 700 mA SOK 5000 K 1000 10U0in� AMBPC Arnber (1 h) pliusphur CUIIVPfIe� r�s T2M T35 T3�b1 T4M TFTNi ASYDF iypell ti1U0LT' Shippedinduded Shippedinstalled Shun tZp � �blank) Sur(a�e PE PhotoeleUri� �ype II 208' mounting <<JI, bulron hi�:dium Zq� � bracf.et r/pe' �ype III 277 � PER P!E��1A Shon t�visr lu�k re � 341' Shipped �eprddeonty fypclll t separately' (numntruis) tiledn:m 480 B�W Surf��e- DhiG 0� IOVdirn- TypelV mounled mingd�iver Medium h���k biu rontrols) box (Yni DCR Uinurahle Ponvard mnduit androntrol- Tiuo�o� entry) lalilevia Mediam ROAhA'1D (no control>) � Aryni PIRH 180"ir�otion/ �netric amhlcr,tlight dilfluz sensnr, 15-3U� I m;y hl' NOTES i MVOIT driver operates on any line voltage from 120-271V (50/50 Hz). Specify 120, 208, 240 or 277 options only when ordering with fusing �SF, Df options), or phorocontrol (PE option�. 2 Availa6le viith 30 LED/700rnA options only (DSXW2 LED 30C 700L DMG option not available. 3 Also available as a separate accessory; see Accessories inFormation. 4 Photomntrol (PE) requires 120, 208, 240 or 277 voitage option. Not available with motion/ambient light sensors (PIR nr PIRH). 5 Specifies a ROA?A� enahled luminaire with 0-tOV dimming capability; PER option required. Not availa6le with 347V, 480V or PIRI i. Additional hardware and services required for ROAM6J deployment; must be purchased separataly. Call 1-800-4J2-6745 or emnil: sales�dwamszrvices.net. 6 Specifies the . :.'� ..t -;�`:".."� con[rol; see '� i:� ,�r <;�_�.},:� for details. Indudes ambient light sensor. Plot available with "PE"�option (button type phomceli) or DCR. �Dimming driver standard. 7 Sinyle fuse (SFj reyuires 120, 277 or 347 voltage option. Doublc fuse (DF) requires 20A, 240 or J80 voltage option. 8 See the electrical section on page 2(or more dztails. 9 Requires luminaira ro be specified with PER optioa OrdereJ and shipped as a separate line itzm. Shipped installed SF Singlc fuse (120, 277, 341V) ' DF Doul;le h�se �G��� iti�� 480N)' HS Huus� side ihicld ` SPD Scp;uaic surrc pinteninn " Shipped separotely' BSW Bi«I-dclrrrtnl spikrs NdG V�lire ynd«1 VG Vaodal r,u�ud DDBXD Dark bianze QBLXD Glack DNAXD Natwal dlun�inwn DWfIXD 4Vhite DSSXD Sandstorie DDBiXD Texwred daik hiunte DBLBXD Ter,Wred black DPlATXD lextmed nrtl�iral alurninum DWHC,XD Icz�wed whilc DSS�XD lezum��l ;anu;ion� Accessories Jrdareo „-�.7sn,1:t:,ed;epara�aP DLL117f i.SJU �1L347F 15 Nl IU 01 L480f 15 COl )il S( U DSXWIIS U �5%'�9BS4Y U �SN'AI?LVG U osxrnvc u DS%W2BBW UUBMU U �� ;�,��"�p+`r�,�'y'�'�",??� One Lithonia Way • Conyer,, Georgia 3C012 • Phane 800 279.8041 • Fa;�: 770.918.12G9 • _ . ��.�;'�'.W�'', ,�r,�,�°;� O 2012-2074 Acuity Brands Lighting, Inc All rights reserved. Photocell � SSL twist-lock (120-UPl�' Photacell � SSL twlsF lack (347V) ° Pharore0 � S51 twlsr lork (AA041' Shon;n9 cap' Ilauu-slGe shleW (one p�K Ilght englne� Blyd�deterrent spikes VJIre guard attes:ory Vandal 9uard a<cessory Ba�k 6oz ucessary (spe�i(y finlsG) . ... _ . . . , � ......_.____ _ .�_�_ "' __.._.�._ ._e.__._.__._..__._._._..._ � ;_t ":'.-�r,�.�-ar. , . / � ...,`.��..�..��.�.....�.� �... �.�..� ��.� J Lumen Output Lum2n valuzs are from photometrit tes[s performed in accaidance with IESNA LM-79�Od. DaCa is coniidert�i tu 6e repreaentalive o{ the con(iywa�ions shn�vn, wi�hin the tulerances allowed by Liyhting Fade. Attual perlonriauce mny di((er as a ie�ult of end-user am•ironment and application. Actual wattaga !n�y difler F�y +/- 3% when opera[ing 6e�ween 7?0�48UV +/� 10%. Contact factary for peiioirndnce dalu on any coi�(igwallons noI sFrown hern. ls.. ■ k 3 w",-` � 1 �r� > rr* vS , +� � � + , �'�'`��. � �.�`r � � �;t ' � f E, , �, �„�� ' '�,.' �,!w ■P�!'�l�iii��s �"'` i -rv—' 1't e t,,;� p,S' SJO 36W � TlA1_ '� TIfA f TfiM _ __ _� ASYDF j � � � T25 � T2M Z�� �T3S 700 47W i3M (20 LCDs) T4M � TFTM ASYDF I2S T2M T3S 1000 74W T3M I T4M - TFT�A ASVDF - --_ -- � -- � T2S_ � T2ht_ � 530 � 54�N . T3S 30C 100 71 W (30 LE�s) 1000 � 109 W Note: Available with phesphor-con�erted amber LED's (nomenclature AMBPC). The;e LED; produce light witn 97�r %>5:;0 nm Ou�put can be calculzted by applying a OJ (actor te 4000K lumen values and photon�ierric files. �� ,�"�'�`"�,�,�i,���� One Lithonia Way • Conyers, Georgia 3C012 • Phone: 800279.8041 o FaR: 770.918.7209 .. ��_ _, ,, DSXW2 LED �',:p'._�",, f:.µ1'� �i,c _":p y' � 2012-2014 Aculty Brands Lightiny, Inc All riyhts reserved Rev. 09/17/14 ��� S . '�.�'�1. i'�_ "?'_. `� T v-�__��. Lumen Ambient Temperature (LA� Mu(tipliers Use thesa (a[lcrs ro determine relati�e lomen o�tput for average ambicn[ temperatures fram G�JO'C (32-104`FJ, _ _ e €:±i1� r:rti�fi�� -�u�r4� ; �_. �� o`C 3_>'F 1.0? tU'C SO`F 1.01 ?0� C fi8"F I.UO 25"C 77"f 7.00 30`C 8fi`F 1.00 -00' C 104'F 09R Projected LED Lumen Maintenance Data references [he extrapalated performance projections fui [he DSXW2 L'eD 30C 1000 platform in a 25°C ambient, 6ased on 10,C00 hours of LED testing ftested per IESNA LM- 80-08 and proieazd per IESNA TM-21-11). To calcula[e LLF, use the lumen maintenance factor that corresponds to Ihe desired number of operating hour, helow. For other lumen rnaintenance values, mntact (actory. y �. ... ,..� 1 U r5.�0u SO,OW) tU0.q06 ;'i.,K`�.�. �I �, ��� Fy+ ' 1.0 0.75 0 9r" O.SJ � Electrical Load ; 35U ��� � 530 I 7�0 ._______'___ 1001 i350 30� i530 700 ___...._i..._.1001] m �f6ti1a1.':''I szo zoe rna vi 3ai aaa �iii�.� 25W � 013 0.13 OJ2 0.10 - - 36 W I 0.73 0.19 U.17 0.14 - - { 47 W � O.d4 0.25 0.22 0.19 � - j 73 bV � 0.68 039 0.34 0.29 - - . t_____'.. ____._-.. ____ ____-_'__.._'_._._- k 3G W � 033 0.19 0.17 0.6i - - i 54 W ! 0.50 U.?9 0.25 012 � � 77 W I O.bG 032 0.)3 018 0.?J 0.16 � 109 W i 1.01 OSA 0.50 OA�{� - - +�= w�. To see complete photometric reports or download .ies files for this product, visit Lithonia Lighting's D-Se�ies `aUall Si:e ? homepag�:. Iscfootcandle plots for the DSX'N2 LED 3CC iC00 40K. Disiances are in units o( mounting height (25'). LEGEND " � 2 ' ° � ' � � + 3 z � o i z � � � a a 0.1 fc ` � � - � _ 3 �.S (C z z i 1 A fc + r`~J�� i � a �` a I .i x ' .x � � T2hl ' 1 1 r- d �..-'`----r ° ' 1 i _ r _3 T3A1 4 FEATURES & SPECIFICATIONS INTENDED USE The energy savings, Icng li(e and easy-to-install dzsign of the D-Senes Nlall Size 2 make it the smait thr,ire ror building-mounted doonvzy and palhway illuminalion for nearly any faciiity. CONSTRUCTION Two-piece die-cas[ alwninum housing has integral heat sink fins to optimize thermal mnriayament through conductive and comective cooLng. Mcdular design allows for ease oi maint=nance. The LED driver is mounted ir. tha door to �hermally isnlate it from the light engmes fnr low operating temperatur� and long life. Housing is completely sealecl agz�inst moistare and environmental contaminant> (IP65). FINISN Eet?ricr parts are prct�cted'uy a zinr_-infuszd Super Durable TGIC [hermoset powde� coat 6nish th�t �rovidas superior resislance to corroslon ana` wealhenng. A tighdy controlled inuhi-stage prucess er.wies a minimwn 3 mils Chickness for a(inish that can v+itl�is•`.and azererna climata chanyes v�ithout cracking or pee6ng. AvaJable in textured and nomte,<tured finisFes. OPTICS Precisi�n-molded propnetary acrylic 12nses pro�nde multiple photomehic dIs'tributions lailored specifcnlly [o b�i!dii:g muur:ed opplications. Li,�l�� engines are nvr�ilaLie in 3000 n(8G n�in. CRI), 4000 K(70 min CRI) or 5000 K(70 CRI) conngurations. ELECTRICAL Liyht engine(s) cen;lst of 10 high-ef6cacy LEDs mounted to a melal-cerz arcurt board [o maxlmiz=_ heat dissipaCion anr{ �romoie long li(e (L87/100,O1b hrs at 25°C). Class I eleuronic drivers have o povrar'ractor =90'i6, THD ,QO�%, and a ininiinum 25KV surga ratino. Wfian ordaring [he SPD opticn, a<_eparate surge protzction device is ins[allad oiithin the lumina�re which meets a miniinum Cataynry C Loeo (per ANSI/ICEL C62.h12). a � x i o � z� a I� Distribution overlay comparison to 4(,'OW metal Falide. LEGEND ■ DSXW2, 0.5 fc � T�VF2, � - . OSfc },� 10 4YSd�w„I: "``- llOs: TWF2=07� D5;(4Y2 = 0.95 .,.,�., _ _....._ PNF2 aWM Pob;e. 25' Mouming I-ic INSTALLATION Induded unrversal mounung bracket attaches securely to an� 4" �ound or squzrz oudet box fot quick and ea_ry installa[ion. Luminaire has a slotted gasket wueway and a[[a<nes to nc� mounting brackat viu mrwsion-resistant screws. LISTINGS CSA cendied to US. and Canadian scacdards. Rated for -40`C minim�m ambienc. Designl.igh(s Consortiume� (Df.C) yualified product. Net all versions of this product may be DLC qualified Please chzck �he DLC QuaGfied Products List at v,�wv designlights org to mr.firm svhich versions are qualified. WARRANTY Five year limited warranty. Full warranty tenns located at -:r:,.;.r.�n:r,:�-;*r..�:�. ; x, � .:,.�::i:: � .�_.�. I r,. ._an .. .�t���� , . Note: Specifications subject m change without notice. �� �j��-j°g'�,9�f,� One Lithonia Way • Conyers, Georgia 30012 � Phone: 800.279.8041 • Fax: 770.919.1209 •._ ; I!�I,��n :. ,, DSXW2-LGD ,���+�,y"'y�y+;�"�f�:i� O 2012d014 Ac�iry Brands Lightiny, Inc. All •ighis reservzd Rev. 09/17/14 I� �� - � �� ' 52 Wat� LED Waiipeck wi� 3 cutaff options. Equivafent to 250�� 14iH. Wallpack has mounting brackef with Tether for hands-free vviring- 5 year warranty. �.E�3 l��s� [3�i��� 9r�,� Watts: SZW Color TerrEp: 5000K (Gooi) Cofor Rcceracy: 67 L70 Lffespan: 1QOOd0 LM79 Lumens: 3,884 Eff9cacy: &5 LP`l�! �"�ch�ica8 5��c��������� 13l. Li�tic�g: Suitable fQr v+r�t toca#�cns, Type: �2av: 208V: 2&OV: 27N: InpuE WatCs: E�ticiency: Gonstant Current �_51A Q.33A Q.29A Q.25R 6QW . 87% Lu�°n�� Pa��Q�a��raa�ac�: 10E},(}f}�-hour L�C3 tif�span bas8d on (ES LFUI-80 resulfs ancf i'�tt-21 cafculatinns. L�IDs: Faur (�} multi-chig, 't 3�lV high-autput, fong-fife i.Et3s_ t3�'c��€s: Twva dr�vers, constant c�rren�, 72Qm�, Class 2, 't+�t} - 277'V f 50 -�0 i-Iz, 10t1- 277VAC .8 Arcaps. 5��: ����4fQ �1 �GVV FiX�t��e �$fi�a��: 64 Lumsns �rer UVa�t �.€n�a�r�� 7'��pea�a��t��: SuitabC� for us� ir� 40°C ambisni t�sz^peratures. �ur�e �rc��e�tiar�: 6 K� �cs��i'��a��a�� S�aa�i��: ihe minimurn siarting temp�ature fs -40°F/-40°C. 7"h��rna� ��lan���era��a�: Cast afuminum i'i��rtnal Management syst�m far optimaf heat sir�king. The VVF'LEi� is dssigned for caoi aperatior�, rnast eff�ient output and m�xir3um LED (i€� by �nin�€nizir�� L�C� �unetion t�:m�sera�ure. 9�a���ia�s�: �'recision die cast al�minum i��ussng, (ens fr�rn�. Cotor 8ronze Weight 17.s t6s �` J�v �f' : .�..'ni ' '—_ " -- `�,'"'_;�, � n,�.. �'�; �ia��a�i��; Di�-cast alurs�i�um �ua1i braekef v��th (5} i!'�" cond�it ` Qpens"ngs �vif�t p�ugs. T�nro-piece bracket wiii� t�ther for ease of instaiiafia� and v�riring. �: Qie-cast a6umir�um s�f�Z wi�ng �cc�ss ptate. �s�i��' G��ss'astea��y: 7-ste� Mae,�da�a ���i� b�r��ing �a a�hiev� consis�ent fi�r�-ic3-f�are ctz(�c. �a�i�a� ���a��i�; �E�3 cr�tflf ��€r��s�r�a#�r� is �rarra�s�ied tc� shifi n� �cre than 2Ci�3�f in �GT over � 5 year periat#. {�Ci�i��' s�C�fiH3'�G�f: �3� �i�i� �c��s�a� �'�ss���c��ur� ��e�r�ar��0 ��"'i�: 5�4�E}K ��si�sr �e�$f�rer��: R;4�"s range o� CCi" {Cor�etat�d color femperature) foflo�rs the c�uir�el�n�s of the Ar��ericar� �3ationa! Siant#ard fcr S�ecifcatians for ii�e �hromai�eity �f SaFid Stat� Ligt�ting (SSL� Prod�cts, AI�IS! G78.3T7-20ti8. R�����: �#ydrof�r��d a�umi��rr� �esign�� fc�r rnaximu� ef�'icisncy. ���s: Higi� #emp�rat�ra siiicone. ����s�s: �i��- e�virr.�rr�:niailt� �ent3i� po�}+ester p��d�r coat�ngs ar� fosrs�+siat�d for high-d�arahility arrd [ang-tasting calor, and ca�tains no V4C or taxic heavy meta4s. � �, �:� �A.. �� ���. ��� � ���.� L i G F-i 7 I ttif � Tect� Heip Line: S88 FtA3-10Q0 Email: saEes@ra6wel�.com On tha� web at: warv✓.rabw�6.�om paye 1 of 2 Copyright 02013 RP.B Lighting, inc_ Atl RiShts Resarved Note:Specificstions are aubject ta change withaut notice � € � e£ - � � � € E � „ ; � a � €���E�o �&�� _,� ;€ „�'sa,�-a��a��.� �'a `u Y� � � a a i�R rn � o E �Pi �i �i �i �i �Pi �i �i � �Pi �i �i �i �Pi {6 �i �i 2 O p p O p O O O O O O O O O O O O U � W •O ���Z ��,0 ���Q* J- Q � M M � � = J O Q N s a� £ �`a� _ a v a a v� v aoa�a���v% � a�o o'& � � £ O O O O O O O O O ��.^���:� � I � � I � I S � E � �'. .� � � � �^^ I ' I I I I I � o�o o. �` �� a n Wa� I �� � =�W 0 >Q d4 U_ a l� U� p� 2 U N u N � �n v � o €m � F � a u a` 0 46` h Rf iN�"� � £_� �Pi��n � e �a o �pao cf `2�c o��e p'tia��` ���o .L�cW2� o�oq ��'roo �� Ma �EF,_ QN`�o��� ao°aE o�mEa'� . o UNQ �� $�EE �8= �'3N a a� v�"� &N��;� i�'n..a � 0�0 �1a2 ��mno,��ii { �o �� �i u�iu=aW � ��� �m��u��N��¢ ���=<�mww�o � �i M a u1 \ \ ��O \ a � � \ � � � \ � �.....,. ��� V "`y. 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Type: �2av: 206V: 24QV: 277V: inplai Waits: Efficiency: cqnsca� c�,R�f 4.51 A 0.33A 429A 025A 60W � 87% Lunnen Main�enance: 100,Oq0-hvur L�D lifespan based on 1ES LM-80 results and iM-21 cafcuiaidons. L�Ds: Faur (4) mr�l#i-chip, 13W I�igh-output, long-life LEDs. Drivers: Two dri�ers, consta�t current, 72(lmA, Glass 2, 'E�00 - 277V, 50 - 60 Hz, 9 00 - 27NAC .8 Amps. T1�3�: 13. 9 % at 124V Fi�ure E�cacy: 64 �umens per Vtlait Ambien# iemperature: SUitable for use �n 40�G ambient ternperaiesres. Surge �'ratection: 6 KV Co3d �Yeather Starting: The minimum starting ternperature is -'�0°��'`���G. Ther�nai Man�geener�i: Gast afra�rtinum T�ermal ManagE►nent sys#em for optima[ heat sinking. The WP�Ea �s �esigned for cool opera#ion, most eift�ieni output and maxirnum L�D ii#� by rninimizing LE� junct�on temperature. Housing: Precision �ie cas# aiuminum �ausing, fens ffa�e. Co�ar. Branze Weight 17.fi 16s � �, i�� ,�, ' __. } -- �. " _c �_ P': . �o�n�ing: Die-cast alunainum wall brackef �viih �5) 112" canduit openings wiih plugs_ Tvvo-piece brackei w'irth tether far ease of insfallafion and wiring. Arm: Die-cast a�uminurn with wir��g access plate. C�for GonsEstenc�+: 7-siep MacAdarn Ellipse bir�r�ing to achieve car�sistent fi7cture-tc�-��xf�sre c�lar. Ca1or Siability: LED calor ��rnperature is wa�ra�t€er1 to shi�t no rnore tha� 2ClOK in GCT o�er a 5 year per+od. Color ,�.ccvracy: 67 CRl Color Temperaiure (Narninal CCi}: 50QOK Calar Unifarrt�it�,+: RAB's range of CCT (Correlated color temperatur�) fallow� the guide�ines of the Arne�c�n iVationai S#andard fa� S�ciiications for ihe CF�romat�cify o# Svlid State �igFiiing (SSL) Products, Ai�iSl C78,377-2f308. Re�le�ar: Hydro�a�rned alumir�ura� dss€g�ec# for ma�cimu€� sfiiciency. �as�ets: High �emperatvre siticone. �i�ish: Our et�s�rr�rr�e�taity fri�ndiy po�yester �owder c;oatings are formufate� fior high-d�ra�ility and fong-lasiing coiar, and c�ntains no V�C or toxic heavy metals. L I��,r �� G On the web at: ww�r+•rahweb.cflm Page 1 of 2 Tech Heip Line: 888 F�AB-'��0� Nofe:`Speciflcat�o s are s bmet o change witliout notice CaPY�9ht �02013 RP.B Lighting� Inc. All Righis Reservsd . —'—=--��-�,�1F�, �>�_ � d"series Specifications Luminaire Width: 18-1/2„ (47.0 cm) Depth: 10" (25A cm) Height: �-5/8„ (79A cm) Weight: ��n��n_Alln��n�� I����I����� D-Series Size 2 LED Wall Luminaire ,. „ yl ..... � I ghtmg N�HTT�ME" facts FeieNon Back Box (BBW) 21 Ibs Width: 5-1/2" BBW (9.5 kg) (74.0 cm) Weight: Depth: �-1/2„ (3.8 cm) 1 Ibs (0.5 kg) Height: 4„ (7 Q2 cm) For3/4"NPT p � � W side-entry o ° ° o mnduit " � H o � o0 Catalog Number Notes Type Introduction The D-Series Wall luminaire is a stylish, fully integrated LED solution for building-mount applications. It features a sleek, modern design and is carefully engineered to provide long-lasting, energy-efficient lighting with a variety of optical and control options for customized performance. With an expected service life of over 20 years of nighttime use and up to 76% in energy savings over comparable 400W metal halide luminaires, the D-Series Wall is a reliable, low-maintenance lighting solution that produces sites that are exceptionally illuminated. EXAMPLE: DSXW2 LED 30C 700 40K T3M MVOLT DDBTXD DSXW2 LED ' f � ' ' I 1 ' �' . ' � e 1 �.P .e' DSXW2 LED 20C 20 LEDs 350 350 mA 30K 3000 K T2S Type II MVOLT' (two 530 530 mA 40K 4000 K Short 120' engines) 30C 30 LEDs �00 700 mA SOK 5000 K T2M Type II Zpg � (three 1000 1000mA AMBPC Amber Medium 240' engines) (1 A) phosphor T3S Type III 277, mnverted Short 3472 T3M Type II I 480 Z Medium T4M Type IV Medium TFTM Forward Th row Medium ASYDF Asym metric diffuse NOTES 1 MVOLT driver operates on any line voltage from 120-277V (50/60 Hz). Specify 120, 208, 240 or 277 options only when ordering with fusing (SF, DF options), or photocontrol (PE option). 2 Available with 30 LED/700mA options only (DSXW2 LED 30C 700). DMG option not available. 3 Also available as a separate accessory; see Accessories information. 4 Photocontrol (PE) requires 120, 208, 240 or 277 voltage option. Not available with motion/ambient light sensors (PIR or PIRH). 5 Specifies a ROAMB enabled luminaire with 0-10V dimming capabiliTy; PER option required. Not available with 347V, 480V or PIRH. Additional hardware and services required for ROAM� deployment; must be purchased separately. Call 1-800-442-6745 or email: salesC�3roamservices.net. 6 Specifies the Sensor Switch S6GR-6-ODP control; see Motion Sensor Guide for details. Includes ambient light sensor. Not available with "PE" option (button type photocell) or DCR. Dimming driverstandard. 7 Single fuse (SF) requires 120, 277 or 347 voltage option. Double fuse (DF) requires 208, 240 or 480 voltage option. 8 See the electrical section on page 2 for more details. 9 Requires luminaire to be specified with PER option. Ordered and shipped as a separate line item. Shippedinduded (blank) Surface mounting bracket Shipped separately' BBW Surface- mounted back box (for mnduit entry) Shipped installed PE Photoelectric cell, button type ° PER NEMA twist lock re ceptade only (no mntrols) DMG 0-lOVdim- ming driver (no mntrols) DCR Dimmable and mntrol- lablevia ROAM� (no mntrols) 5 PIRH 180°motion/ ambientlight sensor,l5-30' mtg ht e Shipped installed SF Singlefuse (12Q 277, 347V)' DF Doublefuse (20$ 240, 480V)' HS House side shield' SPD Separatesurge protection $ Shipped separately' BSW Bird deterrent spikes WG Wireguard VG Vandal guard DDBXD Dark bronze DBLXD Black DNAXD Natural aluminum DWHXD White DSSXD Sandstone DDBTXD Textured dark bronze DBLBXD Textured black DNATXD Textured natural aluminum DWHGXD Textured white DSSTXD Textured sandstone Accessories Ordered and shipped separately. DLL127F 13 JU DLL347F 13 NL1U DLL480F 13 NL1U SC U DSXWHS U DSXW BSW U DSXW2WG U DSXW2VG U DSXW2BBW DDBXD U �L/THON/.�' One Lithonia Way • Conyers, Georgia 30012 • Phone: 80Q279.8041 • Fax: 770.918.1209 • wvwv.lithonia.mm •�`�H���� OO 2012-2014 Acuity Brands Lighting, Inc All rights reserved. ��i Photocell - SSL hvist-lock (120-277V) ° Photocell - SSL hvist-lock (347V)' Photocell - SSL hvist-lock (480V)' Shorting cap ° House-side shield (one per light engine) Bird-deterrent spikes Wire guard accessory Vandal guard accessory Back box accessory (spedfy finish) Performance Data Lumen Output Lumen values are from photometric tests performed in accordance with IESNA LM-79-08. Data is considered to be representative of the configurations shown, within the tolerances allowed by Lighting Facts. Actual performance may differ as a result of end-user environment and application. Actual wattage may differ by +/- 8% when operating between 120-480V+/- 10%. Contact factory for performance data on any configurations not shown here. Note: Available with phosphor-mnverted amber LED's (nomendature AMBPC). These LED's produce light with 97+% >530 nm. Output can be calculated by applying a OJ fador to 4000K lumen values and photometric flles. �� L/THONi� One Lithonia Way • Conyers, Georgia 30012 • Phone: 80Q279.8041 • Fax: 770.918.1209 • wvwv.lithonia.mm DSXW2-LED L,�+�'���� OO 2012-2014 Acuity Brands Lighting, Inc All rights reserved. Rev. 09/17/14 ��� Performance Data Lumen Ambient Temperature (LAT) Multipliers Use these factors to determine relative lumen output for average ambient temperatures from 0-40°C (32-104°F). 0�C 32�F 1.02 10�C SO�F 1.01 20�C 6S�F 1.00 25`C 77`F 1.00 30�C S6�F 1.00 40�C 104�F 0.95 Projected LED Lumen Maintenance Data references the extrapolated performance projections for the DSXW2 LED 30C 1000 platform in a 25°C ambient, based on 10,000 hours of LED testing (tested per IESNA LM- 80-08 and projected per IESNA TM-21-11). To calculate LLF, use the lumen maintenance factorthat corresponds to the desired number of operating hours below. For other lumen maintenance values, contact factory. �. 0 25,000 50,000 100,000 1.0 0.95 0.92 O.S7 Electrical Load �, � I 350 530 20C 700 1000 350 530 30C 700 1000 120 20S 240 277 347 4S0 25 W 0.23 0.13 0.12 0.10 - - 36 W 033 0.19 0.17 0.14 - - 47 W 0.44 0.25 0.22 0.19 - - 73 W 0.65 039 034 0.29 - - 36 W 033 0.19 0.17 0.14 - - 54 W 0.50 0.29 0.25 0.22 - - 71 W 0.66 038 033 0.28 0.23 0.16 109 W 1.01 O.SS 0.50 0.44 - - .. - �,. To see complete photometric reports or download .ies files for this product, visit Lithonia Lighting's D-Series Wall Size 2 homepage. Isofootcandle plots for the DSXW2 LED 30C 1000 40K. Distances are in units of mounting height (25'). LEGEND ^ 3 z i o i z a a a a z i o i z a a a 3 a � a 0.1 fc ■ 3 3 . 3 0.5 fc Z Z Z 1.Ofc � � � � � � o � � ° � � o � � � z z z .3 � � � .3 �� � .3 T2M z z T3M z z q N q N q � u � w FEATURES & SPECIFICATIONS INTENDED USE The energy savings, long life and easy-to-install design of the D-Series Wall Size 2 make itthe smart choice for building-mounted doorway and pathway illumination for nearly any facility. CONSTRUCTION Two-piece die-cast aluminum housing has integral heatsink flns to optimize thermal management through mnductive and mnvective moling. Modular design allows for ease of maintenance. The LED driver is mounted to the door to thermally isolate it from the light engines for low operating temperature and long life. Housing is mmpletely sealed against moisture and environmental contaminants (IP65). FINISH Exterior parts are protected by a zinc-infused Super Durable TGIC thermoset powder coat flnish that provides superior resistance to mrrosion and weathering. A tightly mntrolled multi-stage process ensures a minimum 3 mils thickness for a flnish that can withstand extreme dimate changes without cracking or peeling. Available in textured and non-textured flnishes. OPTICS Precision-molded proprietary acrylic lenses provide multiple photometric distributions tailored speciflcally to building mounted applications. Lightengines are available in 3000 K(80 min. CRI), 4000 K(70 min. CRI) or 5000 K(70 CRI) conflgurations. ELECTRICAL Lightengine(s) consistof 10 high-efflcacy LEDs mounted to a metal-core circuit board to maximize heat dissipation and promote long life (L87/100,000 hrs at 25°C). Class 1 eledronic drivers have a power fador >90%, THD <20%, and a minimum 25KV surge rating. When ordering the SPD option, a separate surge protection device is installed within the luminaire which meets a minimum Category C Low (per ANSVIEEE C62412). Distribution overlay comparison to 400W metal halide. a a z i o i z a n LEGEND s ■ DSXW2, D.S fC ., .- ■ TWF2, � � 0.5 fc � 10' W Sidewalk LIDs: TWF2 =0.72 DSXW2 = 0.95 � �i T35 z z H � DSXW2 LED 30C 40K 1000 T2M, TWF2400M Pulse, 25' Mounting Ht INSTALLATION Induded universal mounting bracket attaches securely to any 4" round or square outlet box for quick and easy installation. Luminaire has a slotted gasket wireway and attaches to the mounting bracket via corrosion-resistant screws. LISTINGS CSA certifled to U.S. and Canadian standards. Rated for-40°C minimum ambient. DesignLights Consortium� (DLC) qualifled product. Notall versions ofthis product may be DLC qualifled. Please check the DLC Qualifled Products List atwww.designlights.org to conflrm which versions are qualifled. WARRANTY Five year limited warranty. Full warranty terms located at wNnv.acuiybrands.mm/ Custern erResou rcesiTerm s_a nd_cund itiuns. aspx. 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'_ - �_v,�..-� May 31, 2018 Ms. Angela Schumann Community Development Director City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Brigg's Properties City Proj ect No. 2018-008 W SB Proj ect No. 011673 -000 Dear Ms. Schumann: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the revised civil plans and comment letter from the applicant's engineer dated May 14, 2018 and offer the following additional comments based on revised civil plans and meeting with the applicant on May 30, 2018: Gradin� and Erosion Control Plan An overland emergency overflow route with drainage arrows should be shown on the plans. The catch basin at the northeast corner of the parking lot is not an acceptable emergency overflow system, since if the storm sewer system plugs, runoff will not be able to enter the storm sewer. After discussing with the applicant, the emergency overflow will be directed to the underground parking area which is not ideal due to risk of property damage and maintenance issues. The applicant has indicated it is not feasible to raise the elevation of the site, given existing conditions and grades needed to accommodate ADA access to address this issue, therefore a storm sewer pipe will be constructed to accommodate the overflow and will connect to the trench drain at the underground parking ramp. The applicant shall provide design calculations for the storm sewer to accommodate a 100 year- 24 hr rainfall volume in the event that the surface parking lot drainage plugs. 2. It is not clear if the emergency overflow route will also encroach on the adj acent properties. Additional adj acent parking area elevations and lowest opening elevations of adj acent buildings should be shown on the plans to demonstrate that these facilities will be a minimum 1.5 foot above the emergency overflow elevation of the site. 3. Identify % grades for turf areas around the building. 4. The applicant's engineer has indicated that drainage from the underground parking lot will be directed to a sump pump that will discharge to the existing storm sewer stub off of Locust Street. This method of discharge is discouraged due to risks from failure of the pump resulting in flooding and does not provide for the required emergency overland Equal Opportunity Employer wsbeng.com K:�ozs9e-am�nd m���oo��ososv s�em�m i Brigg's Properties May 31, 2018 Page 2 flow route. However, due to site constraint's, the applicant has indicated it is not feasible to raise the elevation of the site to eliminate the sump pump system. In addition, the lowest opening entry to the underground parking lot is proposed to be 1 foot, instead of the minimum 1.5 foot above the emergency overflow elevation of the site. A portion of the storm sewer between CB #1 and #2 is less than the 4-foot depth requirement and will be susceptible to freezing. For these reasons, a storm water maintenance agreement will be required for the site and the development agreement will include language indemnifying the City from any damages arising from the design and construction of the site and structure and that the property owner shall be responsible for any and all flooding and associated property damage to the structure, appurtenances and tenants' property. 5. The sump pump system for the underground parking lot shall be designed to meet MN Building Code requirements for secondary containment in the event that of pump/power failure. The system should be designed so that water will not backflow through the system and into the garage. 6. The underground parking lot ramp grade exceeds the maximum 10% design slope and should be reviewed for ease of access. The applicant has indicated they will heat the ramp to prevent icing. Site and Utilitv Plan 7. Decorative street lighting and colored brick pattern boulevard treatments should extend along 3rd Street and Locust Street to match what exists along Walnut Street have been provided to the applicant. City staff will provide the width required for the brick pattern boulevard. 8. A sidewalk easement should be provided to the City where the sidewalk encroaches outside of the street right of way. The applicant shall provide legal descriptions and exhibits for the sidewalk easement needed. The City will provide the easement document for recording. Please give me a call at 763-271-3236 if you have any questions or comments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. . ,1', �s�� Shibani K. Bisson, PE City Engineer K:\011673-000\Ad min\Docs\Ltr Aschumann- Brigg's 053118.doa Brigg's Properties May 31, 2018 Page 3 skb K:\011673-000\Ad min\Docs\Ltr Aschumann- Brigg's 053118.doa EXHIBIT Z Rivertown Residential Suites Response 5-14-18 1. Briggs Companies Certifies that all underground spaces will be available to be occupied 2. The building Development Stage design has Cultured Stone from grade up to 8 Feet in height on Front, Rear, and West elevation, and the East Elevation has 4- foot wanes coat of cultured stone. The Front entrance has advanced in Development Stage per Colored Rendering Concept on or before 5-21-18 3. Included in number 2. 4. Bucks Country Cultured Stone Veneer (See Sample Board) 5" EDCO Sage Steel siding (See Sample Board) Ivory White Aluminum Trim Coil Wraps and accents. Duration 40-year Shingles 5. Blue Prints in process subj ect to Civil Approval 6. See Revised Civil and Pending Landscape plans to accommodate a 4-foot buffer and Natural Privacy Fence. Civil plans submitted on 5-15-18. Landscape plan submitted on or before 5-25-18 7. See Revised Landscape plan for Natural Privacy Fence. Landscape plan submitted on or before 5-25-18 8. See Revised Landscape plan for Natural Privacy Fence. Landscape plan submitted on or before 5-25-18 9. See Revised Landscape plan for revisions. Landscape plan submitted on or before 5-25-18 10. See attached Lighting Plan. Signage Plan for building & Site on or before 5-21- 18 11. See Revised Civil drawings. Stamped Stained Concrete in front of City Hall. See Picture attached 12. See Revised Civil Plans submitted 5-15-18 13. N/A 14. See Revised Civil Plans submitted 5-15-18 15. We will do our best to try and accommodate as many recommendations as we can. 16. Street lighting in Development Stage (Pending Specification Sheet provided by City) Applicant Unit count to resized 47 by removing previous amenities and adding 3 studios. We still meet the 1.5 stalls per unit. 47x 1.5=70 stalls Applicant is willing and privileged to exceed all expectations to construct and pay for all off-street bituminous pavement & striping, Street Lighting Sidewalks, Landscaping and Plantings. Applicant is happy to add additional Natural Privacy Fencing & rock beds to detour unwanted pedestrian and traffic circulation through neighboring properties. Listing Contact Information Engineer: Stark Engineering, Wayne Stark 320-249-2611- wavnes(c�starken�ineer.com Surveyor: Duffy Engineering, Barry Dorniden 320-258-2906- barrvd(a�duffyen .g com Applicant: MontiCello Rivertown Residential Suites, PatriCk Briggs 612-919-1561- pat(a�thebri .� s� companies.com �� � u�er��.starken�=ii���3�.t�>>�7 Civil Engineering 3?0-'1�9-2�� 1 [ Site Planning c� r'„r-. r-� r c�+ � r� r�-J 5x��k Rap`ds, f�1 n„�� �c,f�R Sustainable Design L� 1 V LJ 1 tii L.� L 1 1 V MEMORANDUM Date: 5/14/2018 By: Wayne C. B. Stark, P. E. To: Shibani Bisson, P.E., Monticello City Engineer Project: Third Street Apartments (City Project #2018-008) Subject: Civil Engineering Response to City Review Comments On April 30, 2018, I received a copy of your plan review comment for this project as submitted to Ms. Angela Schumann, the City Community Development Director. The preliminary plans have been revised and are submitted to you for review and comment. I would like to offer the following as further clarification to address each of them: Gradinq and Erosion Control Plan Drainage from the site is proposed to be directed to trench drains located at the top of the ramp to the underground parking area. The lowest opening entry to the underground parking and building is required to be minimum 1.5 foot above the emergency overflow elevation of the site. This requirement does not appear to be met and will be a requirement of plan approval. The applicar# ���,£~�t�� ���;� ,�,fi�r ��r�� �n� ��,�a��+���, ��+�� �rf� t� �c�ea.mmodate this r���,���rr?�����, � The grading plan has been revised so that the lowest opening elevation for the proposed building (top of the ramp to the underground garage) is 925.70. The emergency overflow elevation is the proposed catch basin rim of 924.70 which is 1 foot below this elevation. The drainage area flowing to this catch basin is 17,718 square feet (or 0.41 acres). Using the rational method with a runoff coefficient of 0.77 for this drainage area and a 10-year storm intensity of 5.63 inches per hour, the design flow (Q) equals 1.77 cubic feet per second (CFS) to the two catch basins within this drainage area. The proposed 15" RCP has a capacity of 5.48 CFS while the Type V grates for the proposed catch basins have a combined capacity of 2.8 CFS. 2. Tfte erne�gency �verflcavv elev�tion� ��> >., _° :� �vx � . . ��ff� .a ti ��� r , z . � o, ° �. = w . :-. v . � ;�, > :_:, arr��rvs shou/d be shown on t9�e plan. The emergency overflow elevation (catch basin rim) and proposed slopes between spot elevations are shown on the plan. �. t9�>� ���'z;�.°�a��� �� ���41sz,�£�#" It4�� ��P;�t����� 4�c�� �r��z,��� :�1'�:�a �tt�- ��&�����#'�:��&�� ���a��{{,i;�� ��� ,��,";°s be directed to a sump pump that will discharge to the existing storm sewer stub off of Locust Street. This method of discharge is discouraged due to risks from failure of the pump resulting in flooding. Gravity flow is recommended. If gravity flow cannot be accommodated, the applicant shall describe the rational for this and submit sump pump design, operation Page 1 of 4 ancl maintenance plans for review by the City in c�nf�r�:����� vv��� �'���'� �����a����� ��s��r� re�r�irements and the Minnesota P/umbing Code. Because of site constraints including adjacent curb elevations, ADA requirements and existing storm sewer depths, gravity flow is not feasible due to the underground garage floor at elevation 921.75 and the proposed manhole invert at elevation 921.47. The external trench drain at the bottom of the ramp to the underground garage will be connected to the roof drain system and a sump pump that discharges to the proposed storm sewer manhole. Sump pump design, operation and maintenance plans for the garage will be submitted to the City as part of the building permit process. , ,. 4 ., �.�..�Nt:g€'�� +�x.,i;.x..�,:,..� ��.'4::��, c.�w,i" C�r�..:v,�:s t�,i,. sA't{�`4m. ,�� �Y'N�..` �... _,... rx ,Gx��.�f" . �r�vs,x ,..,.,", v. :y.? s.�e :t{x;>,..� 5„`.=g:,.i screened. The contours shall extend beyond the proposed site boundaries a minimum of 200 feet or as necessary to completely show the limits of a drainage basin not fully contained within the proposed site. A drainage area map should be provided identifying onsite and offsite drainage patterns along with existing adjacent parking area elevations and lowest opening elevations of adjacent buildings to demonstrate that `�:°f f. ��£ xt.�.�..� �=k °�` t�� � ,!^?`srua,r�s:a-:-s ? �-e s�p^, ^s4 �hp�,:t,:.a �'!"+.� na-s-rr,rrvr.�Ye:.+",J rsar.*,r^^�!.^'�:a, c�l�ns .�¢;r-�s'a r-s�f �{'s�a c ., , , .,. s_ . . . . . . . , .. � a . ,. , . , , .,, � T k � _ The existing contour elevations have been added to Sheet C-2. A drainage map showing the parking lot drainage is attached while the roof drainage will connect to the proposed onsite storm sewer. The remaining adjacent turf areas around the building will overland flow to Locust Street and Third Street. ��, . x � _44a,>. , .,.� ..,--a .. >, .`. . ...+w .s,,.i,. �,. .�x . ;,�._.. .s i..{x�..c ,. , .�a s, t�-.6.9 >, w „{Ft... q✓� wtFt� .., �,... .;�° ��Is shown with solid lines per th� �ity's Desigr� _���� ,��.���s�. Proposed contours have been added to Sheet C-2. t°t ._��t y . . �.4 ,,.. � � � __��.,' .���u,� fw .�� � „_. �., ��:� o,,,� .� �' �t. � � _.. Proposed contours have been added in this area to address the drainage along the east property line. .. ,,. , i .�.� ..o .'.�'°� �,�f{ f..�..�4.. +° ,'..o �.` . w n'�,�b��. . ,�. ..,.,....s,...� ...��� �,r�. .,� �i. ° �„F.,._ K.� �. ��:� ,.� o �� :�aa,..m :� :, r : ;��5 r ,..x���rt� ,��,.. �^i S �f ,�g , ..{.., o .� i � � t�.. �. �.r, .,., ,µ,,, ., . .. .N> o,..� � '�? ��"y ��i� �,...:z�4�tt� _. o. z� o,..> >. a,,, z..� e .>_ >>.��.,�r_.. Roof drainage will�be piped underground to a sump pump that will discharge to the proposed storm sewer manhole. �. � R , .� � r` � ,. � � . .s �, ��� .� 1 �, . .m � i �.. , . .� . .. aY... a,','�' �� ��,� ° m�r . ,. � �o . � u e �.. .m �,� v . . . a.. ... � �rr �� �t3� #�, : . . ..> ... ,� The proposed storm sewer information is shown on the Site and Utility Plan (Sheet C-1). �ws . , � �m � � > >� b � _ �;� �; .� � �a � ��. .�.:x�. � ���,�� q� Proposed grades and contours for the turf areas around the building have been added to Sheet C-2. 1v. �sfcauti'�y, v'i"�ati'�c��� ui;'?te �'i�.�li?Ii i."a'di�"r �Ficit'r't i,t?ti)pir?y` i`✓id'i") o�...vliy`� ti?�ii;'i� "s�i'i#i�i�ii;�. �c.'C Chapter 4, section 4.10 related to grading, drainage, stormwater management and erosion control and the City's D�����? ���n�.A�!- �,c�r�at�� �lr1�?� ?�?7 ���;�t��' �r� ¢h� �'it��'.� ,n9����it�_ �ra�ir�eering departmer�,�. Sheet C-2 has been updated per the grading, drainage and erosion control requirements of the City's zoning ordinance. The construction documents will include project specifications as well as temporary and permanent erosion and sediment control requirements for the project site. Page 2 of 4 11. f�l�f �a��af��tion shou{c� b� �ar�a�r�cf�c! ��i���r�t tc� fh� ,�it�. Inlet protection has been added to the plan. f L�. I���f� Jt�L}CI��f ��Vli�'}� VL✓fLrYff % L�%�.t.��% ``v`%iC�1� IfVC9� ���f�)`�f�'C,l dCJ Ci�Ce�l'JI�Pf�lf�%Z.dCi�d� �i1t�%t'Jtl�� li�(J�(� %��t�' �%tG' based on a 10-year rainfall event. Provide proposed catch basin inlet capacity calculations. Catch basins should be designed with �����r=��f ����r��+;� ��a df�ft ��?��r�c� f� ���d�f�� ���?t� �?f �. � feet for a 1�-���r rainfall event. Catch basin inlet capacity calculations are addressed in the response to Comment #1 above. P..... a..,,,. .-�,ix-...x ,s ,,.�.�'.s.,.s-� �,i ."Sa,s4a{x`,. �, ,....�'F. xtM,..,� .4: >.,,.�. „F , ;��. ,.i�s...,.E.., .�-�'k'-.�' Since no stormwater BMPs are required for this project, a stormwater maintenance agreement should not be required. �� �- � ,�,� ., � . , , �� � �. x� . a �.�;. �� s;���e ti .�; �, .�.-� a t�, rs 1 r,w«w3v v, ifystri�' s'.J c,aia�ii.r€6`✓ae.,.si d:snr r�it s_aLrm"3saede>ar ,✓'��+iia:ari.�%6iP;ra`�3 ae4a.+triS Jist�kau� ad�ia�€aa: t ianrst}i, (CS WGP) shall be provided with the grading permit or with the building permit application for review, prior to construction commencing. If less than 1 acre is disturbed, a grading permit sha/l be applied for frorn the Cit� if proposed constrraction is to start prior to building permit a����d�°�f, The total disturbed area for this project is 0.93 acres, therefore an NPDES/SDS Construction Storm Water General Permit is not required. A grading permit will be applied for from the City prior to any construction on the site. Site and Utility Plan ��a, f-r ts—ai1`'i9 irv� �i—s���i UVac.ii:'� Jf�r�3l're:aize ��P'siute.a F� �;' F .s`a;f;`_,,:F,� �� a �, �'s '.�, ,";��. „�`" t, � ,.`';,, �., .. Street and Locust Street per City standard �� � 'v�a, �� .._ � u , �__ � „ >,_�a wa. � � e ,���� , ��x��°� shr�!�l�f �� �li�n�� 1,.fn�t nff th� rsra¢�t r�f +nr�;F. The site plan (Sheet C-1) has been updated accordingly. ��. a.� �, ,.�:� � � n.. � . w �. � ,< n �.w ,.. The driveway access width, which is the same as the drive aisle, is dimensioned on Sheet C-1. "� ^�+��,1 t " s� y„ .�� r � R " �€'.s'= '� ^s :s �Fe�`�^ . C��,y . '�r����� ���e�,�t ��.� rt €.r� :�Fr�' L"J.r , ,����� &'�� ���i6��''�P`� �,�,�at�,,�t'��'�. � �.��..� _� , =�:.E � , �,. . , � .. S* � �aA� �r��i �c���r�� ����� � �� ��at�;t. �f����� �:���t� �fc�r�� VV�"�i�d,r� ������. Decorative street lighting along 3�d Street and Locust Street will be constructed to match what exists along Walnut Street. The sidewalk along 3�d Street and Locust Street will be stamped concrete to match what exists in front of the City Hall. � . . . �.._ �. � � . � ,rt.,, °` .,, �� . �., ,r�;. �°,>: _ .. .... � � ��.. #:`. .�.'.. �.�.� ���. � .�ti� Proposed storm sewer has been upsized to 15" diameter. Due to the existing storm sewer pipe invert elevations, 4' deep catch basins are not feasible. The Owner has been made aware of this issue and they will be maintained accordingly (steamed out if frozen) : . 4 , �. � _. . ��> `�����; ,.v., .,..�� `��"�_ � ,v '��„�,..�=�., v',�'� �_ , , � ��nn ' �,� ,.� Sanitary sewer cleanout spacing is per the Minnesota Plumbing Code. Page 3 of 4 21. Th� �aroposed water service shal/ be installed with a minimur�n 7,5 feet of co�er. A note has been added to Sheet C-1 to address this issue. ,f a.. e. . .r... _. �'fqW¢,� Ja.�'.,��i ...,..,� ;�C.;.. .�e�. _ ..r ;�':,� k��.c,'�nt'!� ,x �. _...�a. `�,�a.f J�r>r _...`�,,;r �.. , '� .�..,.,.�� .�::.�i,�. � .,;,�_ .`��.., =d >,..... .� .... .. If an irrigation system is proposed, it will be design-build and will be submitted to the City as part of the building permit process. G.3�. !-1 �aUic .`�16c.+u'fU f,d� �UU�� ��11 d$tU p.dt�ili.� i1�64:da k3}� ° � ;� :�,' � ; .r� .:�.., b (�,?.��';w T�..,� ..s ,�.,b �.r?� ;'� 5�` ,e..*�2�.;� � '.�?.,'-�.� costs incurred that is associated with variatior,� ..: �� w ,��;F`��� �� � ,�, � ���� � ��� .�: �, �, r,� � ..�^� ��° sh�l! �� ���r'ifi�c� ir� tl�� fiPlr� �aric�r t�a r�r�r��trr��tiF°�; ;° The note addressing this issue has been updated on Sheet C-1. ,`�� . , �`> �`, 6._. ��. �;.> >;�i�. gs�. . L�' ., ..�:;.�.> r,.� . ., . , ..�a�.r>_ � µ,�.`e �n�;i�.�.g o,,,<z ��� 6�, rs�.;> ��,` y � . . ,. ,,, i a . '�'� . s. �. ` .r � � � . ,w 'e �. s �.. So noted. � � � . ;�� �i7 c�� �,�<��` # K„� y< � , � �� :a � ��>"`�, .. �F� , r ,'�: . � . �,�_ � ���. So noted. Other 26. Applicable detail plates shall be updated per the City's April 2017 General Specifications and Standard Detail Plates for Stre�t and Utility Construction located on the City's website- E �°�a . � �.��., . , �. g;�;r Applicable detail plates will be included in the construction documents. 27. The plans should r�ference campliance with th� �ity of Il�e���r���.. �. _ .. ,. .W ., .� ar�� Standard Detail Plates for Street and Utility Constructi�aar�. The construction documents will reference compliance to the City of Monticello General Specifications and Standard Detail Plates for Street and Utility Construction. , ss�. S k :€.. .va � ...,a Y .,:. ,. } ,`a�IT . �a a.. ,rC�.+�.. �... � � ,�', � �<��.k, .,, rr''� E :f�.... The construction documents will be signed by a licensed professional engineer Page 4 of 4 \ "� � ti � � �` ^. � � \ � �e ��� � � � /�� �� � ��� � � �� \ �� �� j a / � �� ��, , � � � a � \ ~ '' 'j�i � � � m' ` � ` � �//� � � / y�a � � � � � ` � /f�f \ �\ �\ � �} / � /� ��\ ��� . � � � _ � \ � \ � � / � � � � � „� �� � � � . � � � �>> " / b� ` �/� � / ��� r9.9Z66'� � / r�/ H�y �ti ' � \f ,�� / /// e`� +. � � . . ' d / /�/ \ � � !�� �f � Jll/ � J� � // � � / /// � � /// / / \ \ \ � / . �;, �; �. � //J/ / /� � .. / �/ �� \ ,l ,�' / f � � /// tr \ //� � � no ` f o7 6 a `` /// , ``Ps6`6'�� � �� %� $ n . �_���.,. .� r�a� � �o�� � /// �� � �9,3 `i! \ �� �S y la Nvi // �/ , }S rn N � ��i / /, � o�.` �, � � � � �'^^,a m ��' � ��� � �� ���� �� � / � �� �� �� � ��� � / �/ � \ .. C�0 � c�"� � . i \ . � . F �r / � �, . V' / . \�. /g2 ' �`` j �' / � , � �i ,� � / � / �/��� � � , � � �' / � � �. � /� � �� � � �-� � � i � e ,, , � , � � , ; � ,, , , � i i i, ��ry�� � � � � � � gZg �� � �/ F�h°,�� � /... � / ���A .a� � � � 2 � �Q � 4tt�F� � � OO� / / D VJ �/ // �, �m�M� . � /^��f � / m ~ Of Of j / � � , . �W II �I II k �� ����� r � • /I / � W /'v // � � Q Q � 9 c \ / ae // � �zs <�,'` � � 9�� � � � � 9j �d� . �. � � . �� f � �' / �, � , � ����� �. - � � � . �� � � �ti������ � / , \ ,, �. ,� �� � �' �� / ,,_ ,— ?�� �a ' �i / '�� � ��l aip c ° crs ',� �/ ` ��Q �' I// `8 +�� ' /// ,` � � �l/ � �, .w � �s. z ` � � - / � i '� �� /Il � �/ �, �(/ �a �� � y� �s "e � �. >� I Gj // �� �} � � � � ld ��� � \\\ +3 \ L�� 'G , / � � \ � � � \ -z� �`�, ji� �i %�� �� � �ti ���� � ���� `�,. �j ���h�b /�� � / � � � � ` �s� \ ���_�, ;� / Oc�^°ryti �/✓/ / " � � a. \ `.. c7o � c `y--'" : ,� L�- % � j 4,�� Sa �j � M \ \ � s / � � �. u( \/ ~'`�•,� �- i `� ^ `P � / \ '� \ \ � �/� l�^�O^`� � ' \ � ~ \ � � r .�' . ��� ��F,�^�€�;.� � � �' � � � � � � \ '�..:. ��1\,\\ � � � � � �� ���`' � ���b � ��`O ��� \ �'�\ i� cM��^� ��"s�. \ h\\ y� i��tiry � ii gti � � v Il� � � ��4F� �}¢�� � . \ / '� � � \ � � �:� � � � � � , �. Planning Commission Agenda — 06/OS/2018 2B. Consideration of a request for a variance from bluff-line setback requirements in the Wild and Scenic Recreation River Overlav District, to be able to construct a home addition for the propertv located at 219 River Street East. (NAC) Property: Property ID: Planning Case Number: 219 River Street East 155-040-001021 2018-023 A. REFERENCE & BACKGROUND Request(s): Variance from bluff-line setback requirements in the R- 1, Single Family Residence District and WSRR Overlay District Deadline for Decision: Land Use Designation: Zoning Designation: Overlays/Environmental Regulations Applicable: Current Site Use: August 7, 2018 (60 days) Places to Live R-1, Single Family Residence District The purpose of the "R-1" single family district is to provide for low density, single family, detached residential dwelling units and directly related complementary uses. Mississippi Wild, Scenic & Rec Overlay District The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act (Minn. Stats. §103F.301 et seq.) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to 6105.0250; and as applicable, the provision of 6120.2600 to 6120.3900. The site has been developed for single family residential use. Surrounding Land Uses: Project Description ANALYSIS North: East: South: West: Planning Commission Agenda — 06/OS/2018 Mississippi River R-1 District lots R-1 District lots R-1 District lots Dale and Diane Bergstrom are requesting a variance from the bluff-line setbacks to be able to build a 273 square foot (21 x 13 foot) addition on the rear of their home, toward the Mississippi River. Because the addition would encroach into the required setback standard to the bluff line as required by the Wild and Scenic overlay district, the applicant is required to attain variance approval for that encroachment. WILD AND SCENIC RECREATIONAL RIVER DISTRICT STANDARDS: Setbacks. Required Existing Proposed Front yard 30 feet 125 feet 125 feet Side yard (proposed addition) 30 feet 55 feet 55 feet Rear yard 50 feet 127.6 feet 105 feet Setback from the OHW of the River 100 feet 127.6 feet 105 feet Setback from Bluff-line 75 feet 80 feet+ 62 feet+ As is demonstrated on the setback analysis above, the proposed addition to the principal building on the property will be able to maintain all setbacks with the exception of the scenic river overlay bluff setback. VARIANCE: Section 2.4(C) of the Zoning Ordinance states that approval of a variance may be may only be made upon a determination that practical difficulties will result based on all of the following criteria: (i) The property in question cannot be put to a reasonable use if the provisions of this ordinance are strictly applied. CON111�ENT.• The property in question is currently used as a single family residence, a permitted use in the district which will not change despite the approval or denial of the home addition request. The applicants seek to build a home addition on the rear 2 Planning Commission Agenda — 06/OS/2018 of the property toward the river. The purpose of the rear expansion is to prevent expansion toward the street. Further, the home expansion will be a similar distance to the river as neighboring homes. This would be considered a reasonable use of the property, which would be denied if the strict setback standards are applied. Moreover, it should be noted that the DNR model ordinance relating to bluff setback is commonly required to be 30 feet, rather than the 75 feet required byMonticello's version of the MWSRR ordinance. While staff has considered options to amend the City's ordinance to synch it with DNR requirements as a separate action, current ordinance language allows the Planning Commission to evaluate setback issues individually due to the variability of the river bluff in Monticello. At this point, variance to the current setback requirement is more expeditious for the applicant. (ii) The circumstances rendering the property unusable are unique to the property. CON111�ENT.• The applicants note that the architectural features of the house would be compromised by expansion in other directions. The purpose of variances is to allow the City to consider case-by-case conditions in which alternative designs adequately meet the intent of the zoning ordinance. In this case, expansion to the west (where there is substantial buildable area) would extend from internal bath rooms that preclude reasonable fZoor plan expansion. (iii) The circumstances rendering the property unusable were not created by the owner thereof. CON111�ENT.• The lot was created prior to its occupancy by the current residents. Further, the original home was built in 1939. The setback requirement was established since the applicant has owned the home. (iv) A Variance, if granted, will not alter the essential character of the locality. CON111�ENT.• Adjacent properties have similar setbacks to the proposed addition. Further, the addition will not be visible from the river or the street. (v) Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the terms of the regulation. CON111�ENT.• Economic considerations are part of nearly all requests, but not the sole reason for the request. Based on these variance criteria, staff feels that the variance request is reasonable and will not alter the character of the neighborhood. The City must also consider variance requirements specific to the MWSRR District, which states that gr�anting of a variance may not be contrary to the purpose and intent of that section of the Ordinance. The purpose of the MWSRR District is to Planning Commission Agenda — 06/OS/2018 "protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor. " Given this language, the City must determine that gr�anting the requested variance will not negatively impact the Mississippi River corridor. As noted above, the expansion is consistent with other setbacks in the area, as well as exceeding the minimum requirements of the DNR model ordinance. It should be noted that the proposed home addition meets the setback requirements of the Shoreland Ordinance. OTHER MW SRR CONSIDERATIONS Impervious Surface. Lots may not exceed 25% impervious surface in the MWSRR District. The subject property currently contains less than 8,000 square feet of hard surfaces, or approximately 18% impervious surface, including the home and driveway. The home addition will extend over a grassy area north of the home towards the river, increasing impervious surface on the lot by approximately 275 square feet, less than one percent of additional impervious area. As such, the lot will continue to conform to impervious surface requirements. Building Height. The proposed home addition is considered an integral part of the principal structure. Homes in the MW SRR District may not exceed 25 feet in height. The proposed home addition will be approximately 14 feet in height, matching the height of the existing structure to which it is attached. Grading, Drainage, and Erosion Control. Development in the MW SRR District is required to be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. If a variance is approved, the project is required to adhere to all grading drainage, and stormwater management standards provided in the MWSRR District Ordinance. B. ALTERNATIVE ACTIONS Decision 1: Regarding the request for a variance from bluff-line setback requirements in the MW SRR District to be able to build an attached addition onto the existing home at 218 River Street, the Planning Commission has the following options: Motion to approve the bluff-line setback variance for 219 River Street East, subject to the conditions outlined in Exhibit Z, and based on findings in Resolution PC-2018-017. � Planning Commission Agenda — 06/OS/2018 2. Motion to deny the garage setback variance, based on a finding that the applicant is unable to demonstrate practical difficulties in meeting the requirements of the NIWSRR District setback standards. C. STAFF RECOMMENDATION Staff recommends approval of the requested bluff-line setback variance. Approval of the variance shall be subj ect to the conditions for stormwater management directed at protecting water quality in the MWSRR District, as described in Exhibit Z. Approval is also subject to comments or recommendations from the City Engineer. D. SUPPORTING DATA A. Resolution PC-2018-017 B. Aerial Site Image C. Applicant Narrative D. Site Survey E. Building Plans F. Site Images Z. Conditions of Approval EXHIBIT Z Bergstrom Garage Setback Variance 219 River Street East, Monticello, MN 55362 Property ID: 155-040-001021 1. The addition is consistent in materials to the existing building. 2. Site drainage plan acceptable to the City Engineer. 3. Erosion control measures are provided in the vicinity of the proj ect during construction. 4. Other conditions as specified by Planning Commission 5 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO APPROVING A VARIANCE TO BLUFF-LINE SETBACK IN THE MISSISSIPPI WILD AND SCENIC RIVER DISTRICT WHEREAS, Diane and Dale Bergstrom are requesting a variance to the setback requirements from the bluff-line in the R-1, Single Family and MWSRR Overlay Districts to be able to construct an addition on an existing home; and WHEREAS, the applicant has submitted a site survey illustrating the location of the proposed addition on the property for review; and WHEREAS, site conditions support the requested setback variance based on the finding that practical difficulties result from the configuration of the subj ect parcel and existing conforming single-family home; and WHEREAS, the Planning Commission held a public hearing on June 5, 2018, 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; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the approval of the variance: 1. The applicant has demonstrated practical difficulties in improving the property in a reasonable manner, due to the configuration of the lot and usable floor plan of the existing home, which limit reasonable expansion to other directions; and 2. The existing parcel is of sufficient size and area. 3. The proposed home and resulting expansion constitute reasonable use of the subj ect property. 4. The proposed addition will be consistent with neighboring structures in size and setback from the bluff line. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the requested variance is approved based on the conditions provided in Exhibit Z of the referenced staff planning report. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-017 ADOPTED this 5�' day of June, 2018, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 0 � � � �. �` � � �� �. r � ° , ;., : � ,: o - � � : (,�`� , T� � � �./y"� - , �{ . � � R �"-11 . . � � � �5� .. . ° '..�. U � _� i - '+� � � � � � � � � � � r"" ,, + '� � s '�'^*k, � � F�:� �� � � a`�i ".,��, ` � �,,. , � � ` L � ; �� ��'. . " � �� ' � ``�%l- . .-� �=�` , _ - � ,r�,.' � ,� �-�� -�• . ..� .,s� i a' m�y`�. ,�� ��^�� .. �}�g, C.� ��M1 ��� ;F � '�5` 'i4 M ,R„`. �� ��_'', `.r.' � �,,; j�•�'�-'` �� x � a ` � ` "'�g , �". r' �. - 9'i � ��� .,. �� . ... _ -y � 6�.�, : �. , � � . 1 ��� � y„� <, � '�;,� � �� fj'� � `.us � `�=..: ,��`� "+�' e�' � � �(r°'� • �. ,� . �`°N... - }k � _.. ` .y :` . en w� �' +; ��;� .. 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"�+. ""`.� ��sm. _ f� - µ,� �. � a% F � _� �. , � � �� � ,.� �:- �`` L � � • � a� - ��� . . c]� � � �' �'� � - � � , , N •- -. v� ,r.. ,� �/`,�� +- ���f� +, . � � ,. _. .'.� ,'�I�[rj �r�.. ,,R� � �. � � O cn M*�« ra,� ,� �'; +� ' =�; , ,,� ``"'°�,� � ;., % ++ a� "�'' ., �y''?: �� y�. :��,}pp��� ' ��` � �:; -1S '~�.. � �ry i� � (n > � �`. -:: :,4�r " y''`= .:�. ' � ' ... � �„'�4 F' ry ,. bA � ~�S � � ���' ¢ tE - NIa, r,�..,_ L� L . �� , " �,- o� � �N � , �� , . N �, �. `��b'� F t���� ` � � ~ " m N �' : Narrative for variance request for 219 East River St. Addition We are seeking to add an addition to our home, a single story extension approximately 21' X 13' X 16 1/2' H. For multiple reasons, coming out from the back (river) side presents by far the most reasonable plan. As the enclosed photographs show, the front has a unique, charming profile from its original 1939 completion year. This characteristic would be lost if we built out in that direction. The west side presents multiple roof lines and is also the entry point for all the main power sources to the house. Adding from this side would entail a second story to match existing rooflines, making the project larger and more expensive than we choose to pursue, and would negatively change the profile view from the street. The back (river) side offers simple roof lines to match existing and is the most practical and cost efficient place to expand the house. Distance from the back of the house to the river is substantial both before and after the project (see attached certificate of survey) and the height of the bank is significant enough to prevent any reasonable risk of complications from varying water levels of the river. Currently, City of Monticello setback requirements from the river are substantially higher than those of the DNR and other agencies. We are requesting a variance so we can move forward on this. Thanks for your consideration. incerely, �� Dale & Diane (Blue) Bergstrom 219 East River Street .. ,� � 'i � Additional note for 219 East River Street Addition Included in our building permit request will be an adjustment/correction to our front door. It currently opens OUT and sends guests backpedaling off the front step. We would move the front door approximately 3 1/2 feet out so that it can swing IN. We would frame that area in and adjust the front steps accordingly. M/SS/SS/Pp/ 8�f.b� _ ��¢.� RiVF�, — — /�' _ - / � _ �� s 894.�i Edge of Woter - � ,- �/ � � April 7� 2018 p/ � 93�.85 h ! / O'}y � � � � 5Y ��� � \ 1 9r"'�.TYS a � ' �F� � °�� " � 894.96 1 �pU� p � 2D8 /� �c � �� 93D.55 0 � � ` ,E� . e ryl0 ° cA-�. ��'� "� .6 T�"°� v� , � �X �32.3T .T()� �f�� X S3Pd.i�. _ _ /\fbo kf ' 93,34 / ProPseC �rx' 932,SP \ * �qr Fdded� 2].8 ??� N ` � \ t � i�' � '9 �`� 932,84 � / / I �oHW ��� Setbock 6�YSr \ \ . -,' / Fx,snNc / �� `% .-: __ HOGSE- � ^�V � ^fl / 1 �, . �h 1 / , � ° / �� ,, f i / �' 5�.� � � � � _, � \ - ,,�� - s s �3� �,_ � \. � � � ¢� �� � � � �� � o3.F \ � / ��,;r�t' �; � � � �,`, � `" -- !_ � /^ / \ � \ /' = ,,' � � � � � �'�'�`F���f �. � � / �` P� g � i / � � Mississrppi River OHW (Ordinary High Wate�) '� � � / elevafion= 898f feet NGVD29. � q� � � Per MN�NR Area Hyri�ologist. \ � , \ � Mississippi River Flood Elevation= 906.$f \ � feet NGU029 per FIRM Community Panel \ � Number 27054J 0005 B. � � Bench Mark: MNDOT Geodetic Control Station 279/3 MRC RESET Elevafion= 934.33 feet NGUD29. � � X 932.4 Denotes Bituminous Surface. Denotes Concrete Surface. Denotes gound spot elevatian. SURVEYORS N07E.• This survey was prepored without the beneflit of a title commitment. No search for easements o� restrictions, recorded or unrecorded, was made by the surveyor. 1 hereby certify that this survey was p��ared by me or under my direcf supervision and that 1 am a duly Licensed Land Surveyor under Yhe /ows of ihe State of Minnesota. C / �''. i ' � s- �, � ^.: �- ... . .. �.rt.,,.,' / .+ ' J*. Scatt A. Gyi/en, LS License No. 23002 04/17/2018 Date GLS 5,�� � 612-799-7911 • Denofes iron monument iound O Denotes iron monument sef and marked with cap RLS � 23002 Beorings shown are based on the Wright County Coordinate System NAD 83 1986 Ad�usfinent. 0 50 1 C�Q 150 SCALE !N FEET LEGAL DESCRIPAON.• Lot 2 except the Soufheasteriy 50 feet thereof,• Lot 3,- The Southeasterly 55 1/Z feet of Lot 4; alf in Block A in the Townsite of Lower Montice/!o, according to the plat of record. 2018-003SURV.DWG 1 � � N I � �' h � � ..__ _ .— � � !� A z � K sz �-p � I � I Z" � �' � 4a" 8„ �z" B�,oCK �iZ• 4Q � i z �' �— \ Lovv�Ks lt 3� Y�. RSPI+I��T ^i5�' �'��..T• �/i� OS� — STol�r� /�tNCNORS ZKJSSES Z' n�C. WIND W�+'HIR CFtUTL-S �I-t �. fZ.oc...K`STIFF 13kCK R-Z1 ¢r'�►L Po�y �S�a2 O S B 2x/e STUDS I��O�C. 3/A- T+G SuB. FLaort Ll�" o.C. r. Zx� ��— A-r�. '' zx�c Z" � O AI`�1 n\�o o- Ct' (o M - Pot�Y �xisTtNG No�sc L� � SwFaS��A Src-� � StOING Nousc. �? �Rq � � T2-RODS D�Au�. + D►.��. 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'�, _ , � .^ +- _ .�';x t ` - . , '. ��� ��5� '�� "� ..y�. �.�i ,. � �.�� . . t . , � ,t+ �,- 1 �"} . � � y�� . S, . '�. ' �� S: ' � ; � �° � . ��; � ��:.� •s� !' b }, k . ' H py` r R� 4 " S Y» ,1+ . � _.,,_ _.. .a<I3 �..,..e�e Planning Commission Agenda — 06/OS/2018 2C. Public Hearin� — Consideration of a request for Conditional Use Permit for an approximatelv 480 square foot residential detached Accessorv Use Structure — Maior in an R-1 (Sin�le-Familv Residence) District. Applicant: Joe Yakvmi (AS, JaT) Property: Planning Case Number: PID 155-126-004020 Lot 2, Block 4 River Forest 2"d Addition Address: 9613 River Forest Dr. 2018-024 A. REFERENCE & BACKGROUND Request(s): Deadline for Decision: Land Use Designation: Conditional Use Permit for a detached Accessory Use Structure — Major in an R-1 District July 10, 2018 Places to Live Zoning Designation: R-1 (Single Family Residential) The purpose of the "R-1" single family district is to provide for low density, single family, detached residential dwelling units and directly related complementary uses. Overlays/Environmental Regulations Applicable: Current Site Use: NA Residential Surrounding Land Uses: R-1 (Single Family Residential) Project Description: The applicant is seeking to construct a second garage on the property. The proposed garage would be detached and a total of approximately 480 square feet in area. The existing house foundation is a total of 1084 square feet with an attached garage of 684 square feet. ANALYSIS Planning Commission Agenda — 06/OS/2018 Conditional Use Permit. Specific Zonin� Requirements. The zoning ordinance lists the following specific standards for these uses (with staff comments included): (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. The applicant has proposed an approximately 480 square foot detached accessory building in the rear yard, which is estimated at approximately 7, 600 square fee� The proposed structure is under 10 percent of the rear yard by about 280 square fee� The existing attached garage (684 square feet) and the proposed structure (480 square feet) would be a total of 1,164 square fee� The principal building footprint is 1084 square feet, requiring a Conditional tlse Permit for the accessory use structure — major. A detached structure would be permitted use if below 400 square fee� 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: (a) Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling and no accessory building space is to be utilized for commercial purposes. The applicant has indicated that the garage would be used for storage of boat, vehicles, and lawn equipmen� (b) The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot. An aerial image estimation of the rear yard is approximately 7, 600 square fee� The proposed project would utilize less than 10 percent of the rear yard, open space. (c) The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property. The applicant has proposed a structure that is less than 10 percent of the rear yard and 336 square feet below the mcrximum square footage for an allowable detached structure on the property. The structure will be located behind the rear building line of the principal structure. It is proposed to match the materials of the principle structure. 2 Planning Commission Agenda — 06/OS/2018 (d) The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. The applicant has proposed to roof and side the structure the same as the house. (ii) Private Garages 1. Private garages shall be used by the family or families residing upon the premises, except as follows: (a) One-half of the private garage spaces on the premises can be rented to non- residents of the property for private passenger vehicles and/or non- commercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this ordinance is provided elsewhere on the property. (b) All of the private garage spaces on the premises can be rented to non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers, or equipment if the available garage space does not exceed two spaces. 2. No business, service, or industry shall be carried on within a private garage; 3. Private garages shall not be used for the storage of more than one (1) commercial vehicle owned or operated by a resident per dwelling unit. The applicant has indicated in their narrative that the space would only be used for storage of boat, vehicles, and lawn equipmen� The proposed detached structure is shown to be setback 6 feet from the interior side yard property line, approximately 36 feet from the rear yard property line, and 22 feet from the principle structure. Per the Monticello Zoning Ordinance, the setbacks for accessory structure on the interior and rear side are 6 feet setback and 6 feet between structures, which is met by the proposal. The applicant will be required to verify setbacks by locating and staking property corners or a new certificate of survey for the proposed structure. B. ALTERNATIVE ACTIONS Decision 1. Conditional Use Permit for Accessory Use Structure — Major in an R-1 District L Motion to adopt Resolution No. PC 2018-018 recommending approval of the Conditional Use Permit for a proposed approximately 480 square foot structure, subj ect to the conditions in Exhibit Z, and based on findings in said resolution. 2. Motion to deny adoption of Resolution No. PC 2018-018 based on findings to be stated at the public hearing. 3. Motion to table action on Resolution No. PC 2018-018 subject to submission of additional information. C. STAFF RECOMMENDATION Planning Commission Agenda — 06/OS/2018 Staff recommends approval of the CUP, based on findings that the building will meet both the intent and the specific standards of the Zoning Ordinance. The applicant is under the threshold for structures being less than 10 percent of the rear yard, which was designed to not overwhelm the open feel of the lot or the neighborhood. With the conditions as noted in Exhibit Z, planning staff believes that the proposed building is appropriate for the site. D. SUPPORTING DATA A. Resolution PC-2018-018 B. Aerial Image, Subject Site C. Applicant Narrative D. Site Plans with Elevations and Site Images E. Survey F. Setback Information G. Aerial Image with Rear Yard Dimensions Z. Conditions of Approval EXHIBIT Z Joe Yakymi Conditional Use Permit for Accessory Building — Major 9613 River Forest Drive Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling and no accessory building space is to be utilized for commercial purposes. 2. The accessory building shall be constructed to be similar to the principal building in architectural style and building materials. 3. Access to the structure will remain on the property. 4. Survey staking of property lines and setbacks will be required at building permit to verify 6' side yard setback requirement; a new certificate of survey including the proposed improvements may be required to verify property lines and setback. 5. Grading and drainage is subject to the comment of the City Engineer. 6. Compliance with the comments of other staff and Planning Commission. � CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-018 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 480 SQUARE FOOT DETACHED RESIDENTIAL ACCESSORY USE STRUCTURE — MAJOR IN AN R-1 (SINGLE-FAMILY RESIDENCE) DISTRICT ADDRESS: 9613 RIVER FOREST DRIVE LEGAL DESCRIPTION: LOT 2, BLOCK 4 RIVER FOREST 2ND ADDITION WHEREAS, the applicant has submitted a request to construct a detached accessory use — maj or structure in the rear portion of the subj ect property for storage of boat, vehicles, and lawn equipment; and WHEREAS, the site is zoned Single-Family Residence (R-1), 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 Live" for the area; and WHEREAS, the applicants have provided materials documenting compliance with the terms of the applicable zoning regulations; and WHEREAS, the uses are consistent with the intent and purpose of the R-1 zoning district; and WHEREAS, the Planning Commission held a public hearing on June Sth, 2018 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; 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 use is consistent with the intent and purpose of the R-1, Single Family Residence Zoning District. 2. The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot; and 3. The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property. 4. The accessory use structure - major meets the intent and requirements of the applicable zoning regulations, pursuant to the conditions attached to the Conditional Use Permit. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-018 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 Permit for an Accessory Use Structure - Maj or, subj ect to the conditions listed in Exhibit Z as follows: Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling and no accessory building space is to be utilized for commercial purposes. 2. The accessory building shall be constructed to be similar to the principal building in architectural style and building materials. 3. Access to the structure will remain on the property. 4. Survey staking of property lines and setbacks will be required at building permit to verify 6' side yard setback requirement; a new certificate of survey including the proposed improvements may be required to verify property lines and setback. 5. Grading and drainage is subject to the comment of the City Engineer. 6. Compliance with the comments of other staff and Planning Commission. ADOPTED this 5�' day of June, 2018 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING CONINIISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 ° .� ��i i � � , � � � � . � r �� �.�'�I� ', �yy.,e��� i' � .� l��k� � � �.. �l. �I��� � �� '...�' .� �' � I. � ��s,X ± �-n.' � � Ci' '� .lti�� �-..� ; � � _ �.. � . � � i3 .. - �i. C�7� �. �. �+1�. � _.:Q� �` . � G ' C� G "��7_- Cr, e7 � l � , _� k � y �� � ��� a Ka ° � c �' � � '� �' � �y�, �� "� 4"a�j y,� '"° . � . J� v �' C7 .TM � .�C] . �.G � � . C7 � C� �,C]w: . �• .+�., , �!"' C7 � ��1�, -� >� ` �Q, . .C��'y�� � � U �� �e— � � r r s '�,i.. ri �' � r � -S �I � . . r . . -�c_b � �.�y ... r e-, . �CA � �w. 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'�� ���5 \2 oS3 I ,��,�;,.'� s CZ� ��1 ���� 12'' E� t Page 1 of 1 �2 a DKG20d6 0 � 12a.0 sf '� 12 28 SEBZt}t11 �1084. fl sf 3 8 4 i4 ONB2�01 N `r 7 � � 14 16,t3 sf � oNB2001 � `r 16 . i} s f 18 ��azo�� oP�zoa� �1 � � AG�zoo� o: 813.0 sf 72.0 sf. 584.0 sf 0 � 10 22 � _ _�. Skeich 6y ApeH Skeich https://venturi.blob.core.windows.net/fd-1223/155126004020/0?sv=2015-07-08&sr=b&sig.., 5/3/2018 From: Joe Yakymi To: Jacob Thunander Subject: 9613 River Forest drive Pics Date: Friday, May 11, 2018 2:07:22 PM Jacob, Attached are the pictures requested for the detached garage permit CUP at 9613 River Forest Drive. The shed in the back yard will be removed once the garage is completed. � ... . .. i�,�. ''�' _ �� _ . ,. .. � 4.- � . � � �� .r .. ., ._ . .�_ � F' ' uVf ',. _ _ _ " 2, �'h` �"`5 f . . . _ r .... .t ;. � .. ,s ..., F ..:.� ..� �.. +�..::' ... . �..�.., . ���.�.n�.,.�3�'.... . 'X� �.: . ..n.�,.... w. ._ ���:. �. �. '. &. v�:• Thanks, Joe Yakymi Q�a ' ISS-1 ab - G��\o �.o (� \ ` r 1-�d�a��5s. ��o l � � �Je.r Y-ures'�'. �ri�� House Staking Certificate for CMark Builders Lot 2, Block 4, RIVER FOREST 2ND ADDITION � Zoning City of Monticello, Wright County, Minnesota R-( Setbpcks CONTRACTOR 15 TO DETERMINE TH£ EXACT DEPTH ANO LOCA710N OF SEWER dc WA7ER SERVICES. ...__ _ _- __ _ _ Sll(. -__.- 30� Fronf NO EXCAVATION OR CONSTRUCTION CAN BEGIN UN7lL TNIS PLAN !S APPROVED 20' Rear (Overridden by D�U Eose.) BY THE COCAL BUILD/NG lNSPECrOR. l0' Interior Side THE LOWEST FLODR ELEVATION IS SU6JEC7 TO TNE ACTUAL DEPTN ANO ELEVA7ION OF THE SEWER AND WA7ER SERV(CES. Reference Benchmark Top �ut of fire hydrant locoted ot NE Quad ALL BEAR/NG AND OIS7ANGE lNFORMAT/ON /5 PER rHf RECOROEO ('LAL af Osp�ey Cir & River Forest Dr. Elevotion=95L50 Legend: House rype p Denotes set iron monument The �MEMPHlS° Split Lookaut Project Benchmark w/eievation .Note: Based on design specificotians 7op ot NE'Jy offset iron pipe • Denotes found iron monument for 'MEMPHIS" lookout st}�e. May need flevation=946.67 w/e/evotion odditiono/ foofing e/evation for lookout � Denotes set mth side. House pod nat constructed Proposed Elevations U Dsnotes te/ephone pedesfal per plan. Possib/e shift to sp/it Garage Floor = 95/.00 per Development Plan i Danotes cable te/evision 6ox walkout style or /owering proposed Lowest Floor = 948.33 elevations may advisoble. Top of B(ock = 951.33 � Denofes gafe volve Top of ihreshold = 952.4/ �; Denotes monhole 8oftom of Sil! = 951.46 z 976.40 Denotes existing qround elevatian *Top of Foofing = 948.00 unless otherwise rndicoted �qe� Denotes proposed ground elevatio� f +— Denotes proposed drainage llow �sQ� I � �S I EX/ST/NG � �a u.5a � � HOUSE w _ , / ., 96J/ i 947.59 899.83 I � � � r . 4_ i � '1 (UNnfR C�NST.J ., ,.=..Ty��� S 84'S2�27" ^ "ti 9�PROJEC7 J � _ J� � a.os � 9�l l6� �±� 49 �46�,67� 30�,- o � _ 9as.E;o � , } � � ys . Y�� I�. �+.. �- `�� �"��► ?�.•:� . � \� 45. � C: ( �' � , _ s -} �-- - _ 48. � x _ ,� o , �+ ,r '��i �a,� :� ° f;_ i � I��- �--r- -- o_ � 3a. s '4Q �,e 2/ r ^: � ,_,� .' 0 xga�.as a� ' --- ni a - f� . . .,,, , �sae.��. _ .. ��; ; � �i � � �'I ry 945 15 /M ��'".- � O . • (�, ._��' / i �� 945.8$_ ( r�.`0 � yj�8.5S �� • p� �`� - w- ( acp Zo.,33 � _ .__. _ 3�' v � ' � � •:, > � � LOT 2 ya �y O o. l PROP p �� '� �- � �iZ.�1 sy � � ens i5 � �� � ,_ _� �� -.�.:4J � I / 25.87 � 'zp �R/✓E'� A� (V _.. e Q i �e ^�,�\n + ... . Rim f_lev= 1� u BL'pCK 4 n� � �.D_ 40.9ry N q.�WATEK SERV � .94 -SAN.yMH oSpRE �" �O `i Ll1 a Q�J 949 <i 9/4,0 ry���� h BC �:B 4�i �_. � ��. oo �9 ,, S�N�sE�� v� �� COUR�,Y �'_o(� �.iJ. 0_ a� x�3aa.s� 4 Z .O o,o �63,vp.�� - �l � •_, y � '� I � 944.AOO 949�� �52, .7Q�0_"..,t�, ' �� � lJ i Y /�� �" �/i 1 i � �� 9aa.41 Z6p h �U ` � \ � (7 l' �� 94A.fi6 - ('}.� `a+ � n � . _._ i�s —_ � �A — _ lflS - . _ 30'.. - c� Q � _ �.— .��--- ._ , . 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SITE INSPECTfON.� � �, / W / � ��+�U Of --1 Orainage and Utility Easements are shown ,q4 � thus: I I I4 FoundaUon Requir�d � 94�5z � � 6 I 6 ! / __ PR OSED ELEVpTI0N5/ ACKS �{ � AP OVED� I I s,,,�s„ ,.. .I I � DA 121--JL---LZ— ::, ,, — t � ��. _. � � 0 30 BUI DING S(lUARE FOOTAGE '�a�^9 12 feet in width and odjoining �! �.� ���� � right-of-way linr,s, also being 6 feet in $C,q�E IJ�J FEEt �V�,^� fOR ZONING width and ❑djuining lot lines, unless / � �I� DAT � � atherwise indicoted, os shown on the plot �arts/�/ Sjr im'�y�����' "' i_ ..-_ � DATE: 4�30�01 I hereby certify that this survey, plan, or BK�PG report was prepared by me or under my DRAWN BY: BEP direct supervisian ❑nd tnat � am a d�iY BOGART, PEDERSON CHECKED BY: DDP Licensed Land Surveyor under the laws g� ASSOCIATES �iV�.'. of the State of Minnesota. � � - -----__ _-----___ __.._......__---- REVISIONS: LAND SURVEYING CIVIL ENGWEERING � MAPFINC 13076 FIRST STftF.F.T, �ECKER, A/N 55308-9322 S1C3f18C�: 7E1: �65-26h2900 FA%: ]63-261-2902 - Dennis D. Pederson DRAWWG FILE: FILE NO. Date: � A� Reg. No. 16095 L2_B4RF2.dwq 100070.18 M -t; �`:�� � � � h'� �8 _ ,_ l� �- ti � 1'` ���/ J � � -� r 1 � ' � �o� _-��n'�_ � , r '' z �---� ! M r'„, \` ��v � I� ��'� �� .� �n� r � -ti ` - �''' , � i � ..�:' `� �. � � � `- - -F`. _ - $ 1 _ _ � _`,, -- - . hr � '" -- ------ � - � �- C --- ti- - ------ �O\ A � � .�fl,_ r �' r n� !` r r` � •„l � ., . r-. � � � � f � � - ! � .. � _ _� _ .. i.,�. v �U� � , Subj ect Site - Approx. Rear Yard n .. � .. _ r � ` '� �� � :�" � � � �� i . ` ' t �i, � f `tr' � . , c� � r . • . �_ • � , ��'�r i���,: �+`� - . � y I;A �' �...-� - � � . q' ';� , �' � 4" J� •_,���� t . +r -tr , � .� � '4t'r ' , . • ,*, ,y ' r� : d!•` •1` ♦ �r � �� - ` f !� ' �'� ��' s :L ;r�` � �' . �f � �,� � '�` � � , f'. •, �;• . , + . ;�� �` �-+- �,� . ,:� �,i �'y� , � � , . � � _ � _ �ye ti •�;: , �" . �, 7,599.2 Sq. Feet � ���� � • � "�1 r� S : r � � j ,� -1 f � ; r^►. w_ -' �6� � ij�� ,��r �� y ' fx -; - - 1 ��~� . � r'� . . R - 1 •� � yi ° , • ` �.L.1 f '�' r, �,_ � r a �� .� , � ,� ' �,�' • � May 23, 2oi8 i -s � � "i�;� • " �,� . i � � � - ,�Id _ �a - . ' yr� �r ~ `, �.J' • -k � •,. i .� f . ��� _ • 1T �• 1. �a�+ 'fn.�_:: .y J�L, , � ' •��i;.,,:�: ,� -,� � 5 f. � � � - � . . ._ rt�' � � . � � �!!�1 - � , t•�, �. City Boundary �� aTv oF ��` Monticello .- � � �. ;�, ' i inch = 47 feet Bryan Pittman Map Powered by DataLink from WSB &Associates 2D. Public Hearin� — Consideration of preliminarv and final plat for Oakwood 3rd Addition, a two lot subdivision in the I-1 (Heavv Industrial) District. Applicant: Platinum Technolo�ies. (NAC) Property: Legal: Address Planning Case Number: Lot 6, Block 2, Oakwood Industrial Park 219 Dundas Road 2018-021 A. REFERENCE & BACKGROUND Request(s): Deadline for Decision: Land Use Designation: Zoning Designation: Overlays/Environmental Regulations Applicable: Current Site Use: Surrounding Land Uses: North: East: South: West: Preliminary and Final Plat; Planning Commission is asked to review and recommend as related to the preliminary plat July 8th, 2018 (60 days), September 6th, 2018 (120 days for plat) Places to Work I-2 — Heavy Industrial The purpose of the "I-2," heavy industrial, district is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. NA Vacant/Agriculture I-94 Vacant/Proposed Commercial Industrial Industrial Project Description: The applicant proposes to subdivide the property to create two parcels for industrial development. Lot 1 would be 1.49 acres in area with frontage on Fallon Avenue, consisting of the north portion of the property in question and Lot 2, with 3.81 acres and the existing frontage at the corner of Dundas and Fallon Avenue (and which contains the existing building and related improvements). ANALYSIS In the I-2 District, lots are required to be at least 100 feet in width, and have at least 30,000 square feet of area (about .7 acres). Both of the proposed lots easily exceed these dimensions. Lot 1 will have 175 feet of frontage on Fallon and 1.49 acres, while Lot 2 will have 360 feet of frontage on Dundas (630 feet along Fallon), and a total of 3.81 acres of lot area. The applicant's proposed plat has provided the required perimeter drainage and utility easements along streets and at the perimeter of the plat boundary (12 feet), and along interior lot lines (6 feet on both sides of the common lot line). Fallon Avenue is shown at its current right-of-way width of 33 feet on the west side of the centerline, and 40 feet on the east side of the centerline. The applicants should revise the plat to provide additional right of wide on the west side of Fallon Avenue, in accordance with the City Engineer's recommendation. The lot line is proposed to divide the existing parcel leaving a lot width on the north lot of 175 feet along Fallon Avenue. This property line would result in an existing unimproved storage area and fence straddling the new property line. The applicant should, as a condition of plat approval, relocate the fence and other gravel surfaces to be located entirely on Lot 2, together with the existing building and parking areas. The provided plans indicate fence relocation. The City Engineer has reviewed the plat and has provided a comment letter with recommendations. These include removal of the northerly Lot 2 access on Fallon Ave with development or use of the property. Fallon Ave is a collector road and a minimum 200 foot spacing is recommended. The other existing access points line up with the accesses on the east side of the road, which is preferred. The City Engineer has also noted that there are no existing sewer and water services to the proposed Lot 1. A new sewer service will need to extend from the main in the street. A new water service will need to extend from the watermain located in the ditch along the east side of Fallon Avenue. Any newly established uses on the proposed lots will be reviewed at the time of development for any required land use approvals. The proposed plat appears to meet the requirements of the Subdivision and Zoning Ordinances, as proposed. The primary revision would be a requirement for right-of- way dedication along Fallon Avenue and the elimination of the northerly of the two current accesses on Lot 2 when developed. 2 B. ALTERNATIVE ACTIONS L Motion to adopt Resolution No. PC-2018-019, recommending approval of the Preliminary Plat for Oakwood Industrial Park 3rd Addition, subj ect to the conditions noted in Exhibit Z, and based on the findings therein. 2. Motion to deny adoption of Resolution No. PC-2018-019, based on findings identified at the public hearing. 3. Motion to table action on the Resolution, subj ect to additional information from staff and/or applicant. C. STAFF RECOMMENDATION Staff recommends Alternative 1, approval of the Preliminary Plat with the Exhibit Z notes and conditions. The plat meets the requirements of the applicable zoning district, and with the conditions, will accommodate development in the area anticipated by the Comprehensive Plan. D. SUPPORTING DATA A. Resolution PC-2018-019 B. Aerial Site Image C. Applicant Narrative D. Preliminary Plat E. Final Plat F. City Engineer's Letter, dated May 30th, 2018 Z. Conditions of Approval 3 EXHIBIT Z Conditions of Approval for: Preliminary Plat for Oakwood Industrial Park 3''d Addition 1. Preliminary Plat is redrawn to reflect appropriate right-of-way dedication per recommendations of the City Engineer. 2. Remove northerly Lot 2 access on Fallon Ave with development or use of the property Site conditions are modified to remove former storage area and fencing from the south boundary of Lot 1. 4. Recommendations of the City Engineers Report, dated May 30th, 2018, are incorporated into the Preliminary Plat. 5. Execution of Development Agreement as may be required. 6. Recommendations of other staff and Planning Commission. � CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF A PRELIMINARY PLAT KNOWN AS "OAKWOOD INDUSTRIAL PARK 3R� ADDITION" WHEREAS, the applicant is proposing to replat platted land into a 2-lot subdivision; and WHEREAS, the subj ect property is currently zoned I-2, Heavy Industrial; and WHEREAS, the subject property is guided for "Places to Work" in the official Comprehensive Plan; and WHEREAS, all lots in the proposed plat conform to the minimum requirements of the I-2 Zoning District; and WHEREAS, the Planning Commission held a public hearing to consider the matter at its regular meeting on June Sth, 2018, 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 plat is consistent with the intent of the Monticello Comprehensive Plan. 2. The proposed plat will be consistent with the present and future zoning and land uses in the area. 3. The proposed plat will meet the requirements of the Monticello Zoning Ordinance. 4. The proposed plat will not create undue burdens on public systems, including streets and utilities. The proposed rezoning will not create substantial impacts, visual or otherwise, on neighboring land uses. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota that the proposed rezoning is hereby recommended for approval, subject to the following conditions: CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-019 1. Preliminary Plat is redrawn to reflect appropriate right-of-way dedication per recommendations of the City Engineer. 2. Site conditions are modified to remove former storage area and fencing from the south boundary of Lot 1. 3. Recommendations of the City Engineers Report, dated May 30th, 2018, are incorporated into the Preliminary Plat. 4. Execution of Development Agreement as may be required. 5. Recommendations of other staff and Planning Commission. ADOPTED this 5�' day of June, 2018, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 o . �' t � � � _-_ _ ,=rt .3Fp � � � rg�► �. �. _ p � +r' - � ' .. ���-d � rj H �:. �.. � ,� ,� %' � . � O ��r � � +.�+ r��d � �F _ � '� U , . r= .� � . . . . 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U � r•,� . .��} , f��� � � o -. � o ,y i e�� . _. :�� ddlVn . �" ' _ ,�.w-: w;• x � � I � S �] ' � _ _ �o � m i M � ` � _ � � ' � � � , V � ��� � S r �� � ' � + � . ��� . • a � ���° ��" �� . , ���. • � ; ; �- �� . � . � � �� tUMMERCIAI REALTY 54LifTi0N5 �,v�.v:;.commrealtysolutions.com PROJECT NARRATIVE Apri19, 2018 RE: Preliminary and Final Plat PYOpcliy: 2i7 Biiiiva� Rvau, ivi�iliiceiiu, iviiv Oakwood Industrial Park, Lot-006, Block-002 PID #155-018-002061 Owner: Platinum Technologies, LLC. 525 Progress Road Waite Park, MN 56387 Applicant: Platinum Technologies, LLC. 525 Progress Road Waite Park, MN 56387 The applicant is requesting a preliminary and final plat. The property is 5.3 acres. The applicant is proposing to divide the property into 21ots. Lot 1, Block 2, Oakwood Industrial Park Third Addition will be 1.49 acres Lot 2, Block 2, Oakwood Industrial Park Third Addition will be 3.81 acres. The Property is zoned I-2: Heavy Industrial District The owner and applicant will completing the platting process and wi11 be selling Lot 1, Block 1 which will be developed by another party. Any requirements regarding development and future construction will be addressed when the developer submits their development plans. Thank you for your assistance. Coinmercial Realty Solutions, LLC. Wayne Elam CERTIFICATE OF SURVEV & PRELIMINARY PLAT ----� OF �.���i ���.� : OAKWOOD IM1IDUSTRIAL PARK THIRD ADDITION """." FOR ' � PLATINUM TECHNOLOGIES, LLC �RI g�l waar m,.,, w,�,�n`�°YX0 � I I �� I; _ _. � > _ � � � �` � � ' , �,, 20NN�JG 1-4 - � �+� � _ _ S '�I- i 8= !c� I -' ` � I y. �� ; �`�r, I� '' - � S 9,s � I�' � � , e°$"r`MOM�cR� s «c, , ; , ,e �rio°�a ao , � i ��� wa�,A MN �s, � _ �I �-�s� �o rno� �iroE _ ��� o ' � ,'�;" . � �-ss<_ __ _ � Q , � � � � � � � _ , � � _ ra�o��� ` � �- i � , � , � w��� �� _ � � i � . , ' � , � . � - ,� r �� - --- --- � --'-' �.�---'" �' ,, `a.�oo �,ma�a,�sm rui�-s a9s'- -' � � � � � ' - e°§. �� � �; - � --_�� �-- � , � � , � . . s,� � 56__ . - - --- - - x • • +' - -- __ ____ _ eaa _ ___ _____ �ti�.',• �. N __ _ _ _ -_- ______ _"", ._ ___ __ _ _— __ _-_ ___ ___ ____ ____ __ _ _ os ' ___________________ ' '�r�=- _--_�_ �__ szs-__e9�3.82---- -_- -_ e-_ssr_xsssr .-"•< 5 _;�_ss. 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" _ .� i.r � _ B' �; ° r`��Sq� � � a_m � � � �-- �'� a .�r ��� e "I' I� -!� 1- mgm� I � � � g�� s--{ __ �p Ul ` : �� ,, �;% ��# - s �� � a��� 'I� `x� I _ I �.=� ,�=a � �W� , C I - _ �r. r� �,'-W �� _,, � ' � � � _ �_'� , � �I"til �� I I �� - ��aa �'� � aa � ; ;� � '� �'� -- �J �_`��'� � ' ) � o � C� `� � ' � i � s; ,, � �- �� ' � � � i� �. � — — — — — — ---� -- -- � — — — l�_ ��� — wK+ � I— C� m ��a -� -- -- >a az9 --. -- r � � g ( ne o�asa) , � .as.�a.�o x �- � a , I (lrra euaaa) � � -- �� I <A fY� I �� � � �� � � � � � I I May 25, 2018 Ms. Angela Schumann Community Development Director City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Oakwood Industrial Park 3rd Addition Plat Review City Proj ect No. 2018-021 W SB Proj ect No. 012152-000 Dear Ms. Schumann: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the certificate of survey, preliminary and final plat dated Apri16, 2018 as prepared by Meyer-Rohlin Land Services, and offer the following comments: 1. The plat should dedicate a 40-foot wide right of way along Fallon Avenue from centerline. This is anticipated to be adequate for future widening and potential pathway facilities along the roadway. 2. Remove northerly Lot 2 access on Fallon Ave with development or use of the property. Fallon Ave is a collector road and a minimum 200 foot spacing is recommended. The other existing access points line up with the accesses on the east side of the road, which is preferred. There are no existing sewer and water services to the proposed Lot 1. A new sewer service will need to extend from the main in the street. A new water service will need to extend from the watermain located in the ditch along the east side of Fallon Ave. 4. The City's capital improvement plan calls for future widening of Fallon Avenue with curb and gutter and storm sewer, anticipated in the next 5 years. Trunk sanitary sewer improvements will also be included with the project and is currently being studied. 5. It should be noted that future assessments are proposed for street and utility improvements along Fallon Ave in accordance with the City's assessment policy. 6. The properties currently have a MPCA industrial storm water permit and will need to be amended with platting or development. Please give me a call at 763-271-3236 if you have any questions or comments regarding this letter. Equal Opportunity Employer wsbeng.com K:�ozs9e-am�nd m���oo��ososv s�em�m i May 31, 2018 Page 2 Thank you. Sincerely, WSB & Associates, Inc. . ,�', �s-s� Shibani K. Bisson, PE City Engineer skb K:\0 12 15 2-00 0\Admin\Docs\Ltr Aschumann-Oakwood 3rd Add Plat 052518.doa Planning Commission Agenda — 06/OS/2018 2E. Public Hearin� — Consideration of a request for Amendment to Monticello Ordinance Chapter 5.4 — Temporarv Uses, Chapter 4.1— Landscapin� and Screening, Chapter 4.4 — Exterior Lighting, and Chapter 8.4 — Definitions, Chapter 5.3 — Accessory Use Standards. Applicant: City of Monticello. (AS) Planning Case Number: 2018-026 A. REFERENCE & BACKGROUND Request(s): Zoning Ordinance Amendments for: 1. Addressing perimeter buffer standards when uses occur within the same zoning district 2. Allowing internal illumination for downcast lighting within awnings 3. Allowing for an expansion of the use of temporary portable container for commercial/industrial and civic uses during active construction 4. Clarifying allowance for fences associated with outdoor patio areas 5. Definitions — no change proposed at this time Deadline for Decision: NA Project Description: Consider zoning ordinance amendments for the noted topics, based on previous staff and public experience. ANALYSIS The proposed amendments are four separate proposals to address issues which have arisen over the past several months. Staff have consolidated into one proposed ordinance amendment, although the Planning Commission may choose to remove any specific proposed amendment. 1. Perimeter Buffer Standards: The proposed amendment would exempt commercial and industrial uses within the same zoning district from requirements to provide for perimeter buffering. The presumption is that zoning districts are intended to provide for land uses which have similar impacts and therefore, for the majority of circumstances, perimeter buffering would be unnecessary. Staff have limited the exemption to commercial and industrial districts as where civic or institutional uses may be Planning Commission Agenda — 06/OS/2018 allowed in residential districts, perimeter buffering would be recommended to minimize potential impact. In the notations section to Table 4-2 for Buffer Types, staff further proposes to strike language relating to approval through the Administrative Adjustment process. The ordinance was amended previously to remove Administrative Adjustment process and as such, removal of this reference is necessary and a housekeeping item. 2. Awnin� Illumination: The proposed amendment clarifies that downcast lighting within awnings is permitted. There was some question on this allowance under the current language and staff have fielded a number of questions on this particular provision. There are a number of locations in the community, including downtown, where downcast illumination within awnings is present, providing lighting to the sidewalks, and if lit from an exterior fixture from above, on the awning itself. 3. Temporarv Portable Container Stora�e: Within the last month, the City has received two requests from larger retailers to allow temporary storage in portable containers in their parking areas while maj or store renovations are underway. The current ordinance language seems to be intended primarily for limited residential use (for example, during moving or small remodeling projects). The proposed language would allow storage within portable containers for larger projects during periods of active construction by permit. The permit would be valid for 30 days, with 30-day extensions allowable until certificates of occupancy are issued. The ordinance separates residential use allowances from other uses. 4. Outdoor Seatin� Area Fenci The proposed ordinance language clarifies that outdoor seating areas would be allowed to construct fences around these facilities, even within front yard areas. Chapter 4.3 — Fences and Walls does not allow fences within front yards in commercial areas. Therefore, the amendment would allow fencing in front yards areas with 50% opacity. Fencing is often necessary for outdoor seating areas to provide for both controlled seating and security. B. ALTERNATIVE ACTIONS L Motion to adopt Resolution No. PC-2018-020, recommending approval of the proposed ordinance amendments to Monticello Ordinance Chapter 5.4 — Temporary Uses, Chapter 4.1 — Landscaping and Screening Chapter 4.4 — Exterior Lighting and Chapter 5.3 — Accessory Use Standards. 2 Planning Commission Agenda — 06/OS/2018 2. Motion to deny adoption of Resolution No. PC-2018-020, recommending approval of the proposed ordinance amendments to Monticello Ordinance Chapter 5.4 — Temporary Uses, Chapter 4.1 — Landscaping and Screening, Chapter 4.4 — Exterior Lighting and Chapter 5.3 — Accessory Use Standards. 3. Motion to table action on Resolution No. PC-2018-020, pending additional information from staff. C. STAFF RECOMMENDATION Staff recommends approval of the resolution and ordinances based on the findings in the resolutions. The proposed amendment serve to clarify existing portions of the code and address conditions within the community. D. SUPPORTING DATA A. Resolution No. PC-2018-020 B. Draft Ordinance No. 6XX C. Monticello Zoning Ordinance, Excerpts CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-020 RECOMMENDING AMENDMENTS TO TITLE 10 OF THE MONTICELLO ZONING CODE RELATED TO MISCELLANEOUS SECTIONS WHEREAS, the Zoning Ordinance serves as the primary implementation tool of the City's Comprehensive Plan goals and objectives; and WHEREAS, various portions of the Zoning Ordinance have been identified as benefitting from amendment to increase clarity and usefulness; and WHEREAS, the Planning Commission held a public hearing on June Sth, 2018 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission has identified ordinance amendments to clarify various chapters and sections with changes to the following: CHAPTER 4.1 — LANDSCAPING AND SCREENING CHAPTER 4.4 — EXTERIOR LIGHTING CHAPTER 5.3 — ACCESSORY USE STANDARDS CHAPTER 5.4 — TEMPORARY USES, WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed amendments improve the ability of the Planning Commission and City Council to direct land use and land use policy in the City. 2. The proposed amendments are consistent with the language and intent of the Comprehensive Plan. The proposed amendments address needs arising from a changing conditions, trend or fact; or corrects an error in the original text. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Commission recommends that the City Council adopts the proposed amendments as presented and approved. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2018-020 ADOPTED this 5�' day of June, 2018 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING CONINIISSION : ATTEST: Brad Fyle, Chair Angela Schumann, Community Development Director 2 ORDINANCE NO. 6XX CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, FOR CHAPTER 5.4 — TEMPORARY USES, CHAPTER 4.1 — LANDSCAPING AND SCREENING, CHAPTER 4.4 — EXTERIOR LIGHTING, AND CHAPTER 8.4 — DEFINITIONS, CHAPTER 5.3 — ACCESSORY USE STANDARDS. IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota: Section 1. Section 2. Section 3. Chapter 4, Section 1(G) — Standards for Perimeter Buffers is hereby amended as follows: (1) Applicability Except for adjoining single-family detached residential uses, commercial and industrial uses occurring within the same zoning district boundary, and uses in the CCD district, all development shall provide a perimeter landscape buffer to separate it from uses in a different use classification in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type A�plication. Chapter 4, Section 1(G) — Standards for Perimeter Buffers, Table 4-2 is hereby amended as follows. [2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 2.4(G), ^ �'m����*r�*���� ^ �'����*m��*�. r"a'*�e�t�= ��}� ���'�m�+ upon approval of an Alternate Landscape Plan under the provisions of Section 41(E) if adhering to these requirements is not possible. Chapter 4, Section 4(E) — Design Standards for Exterior Lighting is hereby amended as follows: (2) Shielding (d) Awnings Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning). Illumination casting downward from the awning may be allowed provided thai the light source shall not e�end downward farther than the lowest edge of the awn ing. ORDINANCE NO. 6XX Section 4. Chapter 5, Section 4— Temporary Uses, Table 5-5 — Temporary Uses and Structures is hereby amended as follows: Temporary Storage in a Portable Sec Container See Section 5.4(E)(6) Yes ,5 4(E1(61 Section 5. Chapter 5, Section 4— Temporary Uses is hereby amended as follows: (6) Temporary Storage in a Portable Shipping Container Temporary storage in a portable shipping container shall be permitted to serve an existing use subject to the following standards. (a) For residential uses, a portable shipping container shall not be located: � i. On a lot without prior approval from the Community Development Department. �� � ii. In a required front yard; iii. Within ten feet of any lot line or structure; iv. In a manner that impedes ingress, egress, or emergency access; and � v. On an individual parcel or site for more than 30 total days over any one-year period. (b) For commercial, industrial or civic uses, portable shipping containers shall not be located: i. On a lot without prior approval from the Community Development Department. ii. Within ten feet of any lot line or structure; iii. In a manner thai impedes ingress, egress, or emergency access; and iv. On an individual parcel or site for more than 30 total days over any one year period unless associated with an active building permit. Successive 30 day permits without additional fee may be authorized until a certificaie of occupancy is issuec� Section 6. Chapter 5, Section 2— Accessory Uses is hereby amended as follows: (26) Outdoor Seating — Accessory to restaurant, bar, production brewery 2 ORDINANCE NO. 6XX with taproom, micro-distillery with cocktail room, and/or brewpubs (b)(vii) Fences are permitted for outdoor seating areas, provided such fence maintains 50% opacity within front yard areas. Section 7. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 8 ATTEST: This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete Ordinance are available online and at Monticello City Hall for examination upon request. Jeff O'Neill, Administrator AYES: NAYS: Brian Stumpf, Mayor �`FlAPTER 4: F1NiSF11NG ST�IVDFARL7S Section 4. I Landscaping and Screening ���bsection (G) Standards for Perimeter Buf�ers (b) The above incentives may be combined to achieve a cumulative reduction in the amount of required tree ACI. (G) Standards for Perimeter Buffers (1) Purpose and Intent Perimeter landscape buffers are intended to mitigate potential negative effects of different contiguous uses. (2) Applicability Except for adjoining single-family detached residential uses and uses in the CCD district, all development shall provide a perimeter landscape buffer to separate it from uses in a different use classification in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type A�plication. (3) Types of Buffers Table 4-2: Buffer Types, describes four different buffering types in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table 4-3: Buffer Type A�plication, the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. Where an option utilizing a fence or wall is selected, the fence or wall shall comply with the standards of Section 4.3, Fences and Walls. City of`�lonticeifo Zoning t�rdirrar�c� Page 2 I I �f-t�P�`�� 4: �ii�fiSd�16�1� Si�il�f?���� Section 4. I Landscaping and Screening Subsection (G) Standards for Perimeter Buf�er.�, TYPE A — BASIC BUFFER This perimeter buffer functions as basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet. TYPE B —AESTHETIC BUFFER This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet, and creates the impression of special separation without eliminating visual contact between uses. TYPE C — SEMI-OPAQUE BUFFER This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet. TYPE D — OPAQUE BUFFER This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation. 2 ACI of canopy trees + I 0 ACI of understory trees + I 5 small shrubs per I 00 linear feet 8 ACI of canopy trees + 10 ACI of understory trees + I 5 small shrubs per I 00 linear feet I 2 ACI of canopy trees + I 4 ACI of understory trees + 25 small shrubs per I 00 linear feet I 8 ACI of canopy trees + 20 ACI of understory trees + 55 small shrubs per I 00 linear feet 2 ACI of canopy trees + I 4 ACI of understory trees + 35 small shrubs per I 00 linear feet One 4-foot high berm or one 4-foot high solid fence + 2 ACI of canopy trees + I 6 ACI of understory trees per I 00 linear feet One 6-foot high solid fence + 12 ACI of canopy trees per I 00 linear feet [ I]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least five feet in height along with ten large shrubs per every I 00 linear feet. [2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 2.4(G), Administrative Adjustments. Alternatively, applicants may submit an Alternate Landscape Plan under the provisions of Section 4. I(E) if adhering to these requirements is not possible. [3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees. [4]: Required plantings shall conform to the planting standards outlined in section 4. I(C)(2). [5]: Fences and walls shall comply with the standards in Section 4.3, Fences and Walls. Page 2 I 2 City of Monticello Zoning Ordinance �`Fi�iPTER 4: �1�1f�Ffl�1� STi�1VD�i�ti75 Section 4. I Landscaping and Screening ���bsection (G) Standards for Perimeter Buf�ers (4) Determination of Required Buffer Type Table 4-3 specifies the type of perimeter landscape buffer that new development shall provide between it and adjacent property, based on the uses present on the development site and that on the adjacent property. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 4-2, Buffer Tvpes. Single-Family Residential All Other Residential Civic and Institutional Uses Office and Commercial Uses Industrial Uses n/a A B C D A n/a A B D B A n/a A D C D B D A D n/a C C n/a [ I]: Letters in cells correspond to the buffer types listed in Table 4-2, Buffer T�pes. [2]: Multi-family, townhouse, multi-building campus or shopping center type developments shall provide buffers around the perimeter of the development instead of around individual buildings. (5) Location of Perimeter Buffers (a) Perimeter buffers required by this section shall be located only along the outer perimeter of the parcel where it abuts another parcel, and shall extend to the parcel boundary line or right-of-way line. (b) In an industrial district, perimeter buffers are not required along lot lines abutting streets except as provided for in Tables 4-2 and 4-3 when abutting non-industrial districts. In such cases, the outdoor operation or storage components shall include perimeter buffers as necessary to screen outdoor use areas from off-site views. (c) A perimeter buffer may be located along shared access easements between parcels in nonresidential developments. City a� i��nt�ceiio Coning'ir�in�nc� Ir��€; � �,z �f��F�T�� 4: Ff�fisN��t� s��4P�f?���7s Section 4.4 F�cterior Lighting Subsection (E) Design Standards for F�cterior Lighting (2) Illumination Direction In all districts, lighting shall be directed downward. In addition, upwardly- directed lighting shall not be used to illuminate structures, except for low-wattage architectural lighting or lighting for the American flag. (E) Desi�n Standards for Exterior Li�htin� All e�terior lighting shall meet the following standards: (1) Maximum Lighting Height (a) Except for outdoor sports fields or performance areas, the height of outdoor lighting, whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential districts and no greater than 25 feet in business districts. (b) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height. (2) Shielding (a) Exterior Light fixtures in excess of 60 watts or 1001umens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets. (b) Interior No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development. (c) Canopies No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling. (d) Awnings Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning). ����� �.�� City e�j'iYiontieeiso �onrr�g �rainan�e C►-i1��'i`�� �: i15� Si��+fi��i�C35 Section 5.3 Accessory Use Standards ���absection (D) Additional Specific Standards for Certain Accessory Uses (24) Operation and Storage of Agricultural Vehicles, Equipment, and Machinery Vehicles, equipment, and machinery being stored shall be incidental to a permitted or conditionally permitted uses. (25) 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, microdistillery with cocktail 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, microdistillery 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 facility shall not operate after 10:00 P.M. unless a Special Event Permit for such event has been approved by the City Council. Such a permit supersedes 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 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 adjacentto 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. City a� i'i�-nt�ee�io �onsng'rvir��ne� ����; .3�� �H�PTER S: USE ST'.4��A��S Section 5.4 Temporary Uses Subsection (D) Table of Allowed Temporary Uses and Structur�=.� . � � . '.. • �• • ' • .� � • �- -� -� -� Temporary Structure (cont.) Construction Dumpster (on Until issuance of certificate of occupancy or public ROW/property) two days following expiration or finaling of a Yes Sec 5.4(El( I 1(al building permit Construction Dumpster (on 30 days without a building permit No Sec 5.4(El(I1(bl private property) Construction Trailer Until issuance of certificate of occupancy Yes Sec 5.4(El(21 Mobile Food Units See Title 3, Chapter 20, City Code Recreational Vehicle Use I month Yes Sec 5.4(El(31 Real Estate Office / Model Until 85% occupancy of the phase is reached Yes + Building Sec 5.4(El(41 Sales Home Permit Temporary Mobile Cell Site 30 days Yes + Building Sec 5.4(El(51 Permit Temporary Sign I 20 days per year Yes Sec 4.5 I Temporary Storage in a 30 days per year Yes Sec 5.4(El(61 Portable Container Tents, Canopies, Tarp Garages, 30 days per year Yes Sec 5.4(El(71 and Hoop Buildings Temporary Sale Farmer's Market Continuous; up to 5 months per year on a Yes Sec 5.4(El(81 single site Garage/Yard Sale 4 days per event; 3 year s total per calendar No Sec 5.4(El(91 Seasonal Sales 60 days per permit; 120 days per calendar Yes Sec 5.4(El(71 & Sec year maximum term 5.4(�(I I� Temporary Merchant See Title 3, Chapter 10 of City Code Wayside Stands See Title 3. Chapter 10 of City Code Special Events Special Events See Title 3, Chapter 10 of City Code ���� .��� City e�f �ianticeiio �onrng i�rdinanee �f-t�P��� �: 115� S°1`.�P�fCiL��i�S Section 5.4 Temporary Uses Subsection (E) Speci fic Standards for Temporary Useu permanent dwelling unit for a period not to exceed thirty (30) days while visiting the resident of the property. (b) The recreation vehicle shall have self-contained sanitary facilities or standard on-site facilities as required by the Community Development Department. (c) The parking location of a recreational vehicle shall adhere to the requirements of Section 4.8, Off-Street Parking. (4) Real Estate Sales Of�ce/Model Sales Home One temporary real estate sales office or model sales home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development provided the office or model home: (a) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant e�terior building materials, and landscape; (b) Complies with the applicable standards in the approved development plan (if applicable); (c) Is operated by a developer or builder active in the same phase or section where the use is located; and (d) Is removed or the model home is converted into a permanent residential use once 85 percent occupancy in the section or phase of the development is reached. (5) Temporary Mobile Cell Site (a) A temporary mobile cell site may be erected after issuance of a building permit in the case of equipment failure or testing, or for an interim period (limited to 30 days) after a conditional use permit for a permanent cell site is approved. (b) Temporary mobile cell sites shall be removed within 72 hours following completion of testing, the installation of the permanent tower, or resolution of equipment failure. (6) Temporary Storage in a Portable Shipping Container Temporary storage in a portable shipping container shall be permitted to serve an existing use subject to the following standards. A portable shipping container shall not be located: Section 4.8 O�' Street ParkinQ ReQulations i�`��� ���� ;���� c�� f�Ion�ieeiso �or�ir�g �rcr'ir�ante C��i�i`E� S: C�S� Si��f��t�L35 Section 5.4 Temporary Uses Subsection (E) Speci fic Standards for Temporary Uses (a) On a lot without prior approval from the Community Development Department. (b) In a required front yard; (c) Within ten feet of any lot line or structure; (d) In a manner that impedes ingress, egress, or emergency access; and (e) On an individual parcel or site for more than 30 total days over any one-year period. (7) Tents, Canopies, Tarp Garages, and Hoop Buildings Tents, canopies, tarp garages, and hoop buildings or similar membrane structures shall: (a) Obtain a building permit from the Community Development Department; (b) Maintain a minimum clearance of 20 feet from all other structures and tents; (c) Not exceed more than two on a single parcel (the Community Development Department may approve more than two as a part of a special event on a single parcel of 20 or more acres in size); (d) Not be erected for more than a total of 30 days in any calendar year with the exception ofthose uses with valid permits issued under 5.4(E)(8-11); (e) Be limited to a ma�mum of three occurrences per parcel per year; (f) Not be placed within required landscape areas; (g) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation; and (h) The lot or site shall be restored to its original condition within two days of removal of the tent, canopy, tarp garage, or hoop building. (8) Farmer's Market Farmer's markets shall: (a) Be limited to the retail sale of agriculture, horticulture, or floricultural products; (b) Provide adequate ingress, egress, and off-street parking areas; City a� i'i�-nt�ee�io �onsng'rvir��ne� ����; �v � Planning Commission Agenda — 06/OS/18 2F. Public Hearin� - Consideration of an amendment to the Monticello Zonin� Ordinance, Chapter 3, Section 7 for the Floodplain District. (AS) The Planning Commission is asked to review for recommendation to the City Council the proposed Floodplain District Ordinance and to hold a public hearing on the proposed ordinance. The ordinance is presented for review and adoption as related to a FEMA required update of the flood hazard determination maps and ordinances for floodplain management. As has been previously noted, beginning in 2011, the Federal Emergency Management Agency (FEMA) began working with Wright County on an update to existing flood hazard determination mapping. The current FIRM panels applicable to the community are dated 1979 and 1981. As a reminder, the flood hazard determination maps serve as the geographic reference for floodplain management and extent of floodplain. The ordinance serves as the administration tool for development with the floodplain area. In 2016, the City received notice for review and comment on the updated Preliminary Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report. In response to the notice for review of preliminary FIRM and FIS, City of Monticello staff began working with property owners to understand the proposed maps, as well as to develop floodplain ordinance language as required. In late 2017, the City was notified that the Preliminary Flood Insurance Rate Map and Study are currently undergoing an additional review. Another update will be sent out for community review prior to the Final Letter of Determination and adoption. This is anticipated to occur in the second half of 2018. At the time that FEMA is ready to adopt the final FIRM and FIS, it will issue a Final Letter of Determination, which serves as notice for the effective dates of the maps and study. The City must adopt an updated floodplain ordinance consistent with the statutes and rules for floodplain management rp ior to the date the maps and study become effective in order to remain in the National Flood Insurance Program (NFIP). In order to be prepared for what will likely be the final review and notice period in 2018, City staff are proceeding with the ordinance review and hearing process at this time. The NFII' relies on the Flood Insurance Rates Maps (FIRM) and the ordinance to support the program. A Flood Insurance Rate Map (FIRM) shows flood risk zones and their boundaries. Individual communities are responsible for adopting the flood insurance maps and study, adopting and enforcing the ordinance, and requiring and reviewing permits for development within the floodplain. Individual cities are required to regulate the floodplain versus the Minnesota Department of Natural Resources and the Federal Emergency Management Agency (FEMA). In broad terms, the purpose of regulating the floodplain as a community is stated within the proposed ordinance and describes the need to protect people and property, to allow for flood insurance eligibility, and to reduce tax dollars spent on flood insurance claims. Planning Commission Agenda — 06/OS/18 Further, as building and development occurs within the city, the local-level review supports communication with property owners regarding their proj ect and its relationship to the floodplain requirements. Floodplain management has been delegated to individual cities as a means of providing local review and management. The city's administration of the ordinance also allows Monticello the ability to maintain eligibility within the National Flood Insurance Program (NFIP). The proposed Floodplain District ordinance has been prepared to closely follow the model ordinance provided by the Department of Natural Resources, as DNR certification is required. Similar to the format of the zoning ordinance itself, the floodplain ordinance includes the following components: • Purpose • General Provisions • Definitions • Individual floodplain districts: Floodway, Flood Fringe and General Floodplain • Permitted and conditional uses within each district • Subdivision standards and applicable standards for specific uses • Administration • Non-conformities • Violation and Penalty • Amendment The adopted overlay map of the current Floodplain and Shoreland boundaries within Monticello is included for reference. This information is based on the current adopted mapping, which dates back to 1979 and 1981, depending on the applicable map panel. To view in closer detail any given area of the city at present, the use of the online tool - "Make a Firmette" is required. Again, the Planning Commission should note that the City was informed that we will be receiving a new version of the proposed flood hazard determination maps later in 2018. At the present time, the floodplain is regulated by Chapter 18 of the zoning ordinance. As part of the proposed ordinance amendment, Chapter 18, which was adopted in its entirety with the re-codification of the full zoning ordinance in 2011, will be repealed and replaced with the proposed Chapter 3, Section 7(C). The full text of Chapter 18 is included for Commission and public reference in reviewing the changes or additions between the existing and proposed language. Through the public hearing process, questions related to the language of the draft ordinance and any other questions about the floodplain by both the Commission and the public may be addressed. Following the recommended process of the Department of Natural Resources, staff has provided the draft ordinance to the DNR for review. The DNR has given a conditional approval and the comments of the DNR are included in the draft ordinance prepared for the hearing. Planning Commission Agenda — 06/OS/18 B. ALTERNATIVE ACTIONS L Motion to adopt Resolution PC-2018-021 recommending approval of an amendment to Monticello Zoning Ordinance 3.7 for Floodplain District regulations and repealing Chapter 18 - Floodplain, based on findings in said resolution. 2. Motion to deny adoption of Resolution PC-2018-021 recommending approval of an amendment to Monticello Zoning Ordinance Chapter 3, Section 7 for Floodplain District regulations and repeal of Chapter 18-Floodplain, based on findings to be made by the Planning Commission. 3. Motion to table action for additional information as requested. C. STAFF RECOMMENDATION Staff recommends adoption of the Floodplain Ordinance regulations. These regulations are required to maintain eligibility in the National Flood Insurance Program. As a community along the Mississippi River and other floodplain areas, the adoption of regulations to protect people and property, to allow for flood insurance eligibility, and to reduce tax dollars spent on flood insurance claims is both essential and required. D. SUPPORTING DATA A. Resolution PC-2018-021 B. Draft Ordinance No #69X: Floodplain Overlay District, including DNR comment C. Chapter 18 - Floodplain: Existing applicable ordinance, adopted without amendment in 2010 re-codification. D. Floodplains & Floodplain Management E. Official Zoning Map - Shoreland & Floodplain Overlay F. Link to FEMA "Firmettes": https://msc.fema.�ov/portal CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO MONTICELLO CITY CODE TITLE 10 - MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 7 FOR THE ADOPTION OF ORDINANCES REGULATING THE FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO AND RECOMMENDING THE REPEAL OF CHAPTER 18 REGULATING THE FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO WHEREAS, the City of Monticello has requested an Amendment to City Code Title 10, Monticello Zoning Ordinance, Chapter 3, Section 7 for the adoption of ordinance regulating the Floodplain District of the City of Monticello; and WHEREAS, the Planning Commission held a public hearing on June Sth, 2018 on the request 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. Flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. This ordinance promotes the public health, safety, and general welfare by minimizing these losses and disruptions. 2. The ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 3. The ordinance preserves the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION Pursuant to Minn. Stat. §462.357, the Amendment to Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Ordinances Regulating the Floodplain District of the City of Monticello and recommending the repeal of Chapter 18 regulating the management of the Floodplain District of the City of Monticello is hereby recommended to the City Council for approval. ADOPTED this 5�' day of June, 2018 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION I� Brad Fyle, Chair ATTEST: Angela Schumann, Community Development Director ORDINANCE N0.69X CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING MONTICELLO CITY CODE TITLE 10 - MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 7 FOR THE ADOPTION OF ORDINANCES REGULATING THE FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO AND RECOMMENDING THE REPEAL OF CHAPTER 18 REGULATING THE FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS: Section 1.. Monticello City Code Title 10, Chapter 18, is hereby repealed in its entirety and replaced with the following. Section 2. Chapter 3, Section 7(C) is hereb� amended as follows: � :.:,_,:,:_ . . . . Section 2. Chapter 3, Section 7(C) is hereby amended to read as follows: � 3.7(C) — Floodplain District (A) Statutorv Authorization, Findings of Fact and Purpose (1) Statutory Authorization The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows. (2) Purpose (a) This ordinance regulates development in the flood hazard areas of the city of Monticello. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (b) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (c) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (B) General Provisions (1) Lands to Which Ordinance Applies This ordinance applies to all lands within the jurisdiction of the city of Monticello within the boundaries of the Floodway and Flood Fringe Districts. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with 3.7(B)(1)(b) below. (a) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all e�sting zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. (b) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits. (c) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. (2) Incorporation of Maps by Reference The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. Currently effective Flood Insurance Study: o City of Monticello, Minnesota, dated May 1979 o Wright County Minnesota unincorporated areas, dated 8/18/1992 Currently effective Flood Insurance Rate Map panels enumerated below: o City of Monticello, Pane12705410005B, effective 11/1/1979 o Wright County, Minnesota Pane12705340018C, effective 8/18/1992 o Wright County, Minnesota Pane12705340015B, effective 8/4/1988 Currently effective Flood Boundary and Floodway Map panels enumerated below: o City of Monticello, Pane12705410001B, effective 11/1/1979 �. � City of Monticello, Pane12705410002B, effective 11/1/1979 City of Monticello, Pane12705410003B, effective 11/1/1979 Preliminary Flood Insurance Study: o Wright County Minnesota and Incorporated Areas, dated 6/22/2011 Preliminary Flood Insurance Rate Map panels enumerated below: o Wright County, Minnesota Pane127171CO155D, dated 6/22/2011 o Wright County, Minnesota Pane127171C0160D, dated 6/22/2011 o Wright County, Minnesota Pane127171C0165D, dated 6/22/2011 o Wright County, Minnesota Pane127171C0170D, dated 6/22/2011 o Wright County, Minnesota Pane127171C0190D, dated 6/22/2011 For any instance where the effective and preliminary maps conflict, the more restrictive map shall apply. These materials are on file in the City Clerk's Office, City of Monticello City Hall. (3) Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the e�tent of the inconsistency only. (4) Warning and Disclaimer of Liability This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of Monticello or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. � � (5) Severability WI■■W If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. (6) Definitions Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. (a) Accessory Use or Structure A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (b) Base Flood The flood having a one percent chance of being equaled or exceeded in any given year. (c) Base Flood Elevation The elevation of the "regional flood." The term "base flood elevation" is used is used in the flood insurance survey. (d) Basement Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless ofthe depth of excavation below ground level. (e) Conditional Use A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (i) Certain conditions as detailed in the zoning ordinance exist. (ii) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (f) Critical Facilities Facilities necessary to a community's public health and safety, those that store or produce highly volatile, to�c or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. (g) Development Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. (h) Equal Degree of Encroachment A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (i) Farm Fence A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. (j) Flood A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. (k) Flood Frequency The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. (1) Flood Fringe 4 The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Wright County, Minnesota. (m) Flood Insurance Rate Map An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). (n) Flood Prone Area Any land susceptible to being inundated by water from any source. (o) Floodplain The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (p) Floodproofing A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (q) Floodway The bed of a wetland or lake and the channel of a watercourse and those portions of the adj oining floodplain which are reasonably required to carry or store the regional flood discharge. (r) Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. (s) Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." (t) New Construction Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. (u) Obstruction Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (v) One Hundred Year Floodplain Lands inundated by the "Regional Flood" (see defmition). (w) Principal Use or Structure All uses or structures that are not accessory uses or structures. (x) Reach A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (y) Recreational Vehicle A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." (z) Regional Flood A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. (aa) Regulatory Flood Protection Elevation (RFPE) An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (bb) Repetitive Loss Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. (cc) Special Flood Hazard Area A term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." (dd) Start of Construction Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part ofthe main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (ee) Structure Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 3.7(J)(2)(b) ofthis ordinance and other similar items. (ff) Substantial Damage Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (gg) Substantial Improvement Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (i) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (ii) Any alteration of a"historic structure," provided that the alteration will not preclude the structure's continued designation as a"historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. (7) Annexations The Flood Insurance Rate Map panels adopted by reference into Section 3.7(B)(2) above may include floodplain areas that lie outside of the corporate boundaries of the City of Monticello at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the city of Monticello after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance (8) Detachments. The Flood Insurance Rate Map panels adopted by reference into 3.7(B)(2) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of Monticello after the date of adoption of this ordinance, the newly detached floodplain lands will be subj ect to the provisions of this ordinance immediately upon the date of detachment. (C) Establishment of Floodplain Districts (1) Districts (a) Floodway District - The Floodway District includes those areas within Zones AE, A2, A7 delineated within floodway areas as shown on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted in Section 3.7(B)(2). (b) Flood Fringe District - The Flood Fringe District includes areas within Zones AE, A2, A7 on the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted in Section 3.7(B)(2),but located outside of the floodway. (c) Reserved for General Floodplain District (2) Applicability Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 3.7(E) or 3.7(F) will apply, depending on the location of a property. (D) Requirements for All Floodplain Districts � (1) Permit Required (a) A permit must be obtained from the Zoning Administrator to verify a development meets the standards outlined in this ordinance prior to conducting the following activitie s: (i) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also � requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (ii) The construction of a dam, on-site septic system, or fence, although a permit is not required for a farm fence as defined in this ordinance. (iii) The use or change of use of a building, structure, or land. (iv) The change or extension of a nonconforming use. (v) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (vi) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (vii) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (viii) Any other type of "development" as defined in this ordinance. (2) Building Sites (a) If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (i) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement ofthe structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (ii) Constructed with materials and utility equipment resistant to flood damage; (iii) Constructed by methods and practices that minimize flood damage; and (iv) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) Flood Capacity In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. (4) Other (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Critical Facilities, as defined in Section 3.7(B)(6)(fl, are prohibited in all floodplain districts. (E) Floodwav District (FW) � � � � (1) Permitted Uses The following uses, subject to the standards set forth in Section 3.7(E)(2), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (a) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting. (b) Industrial-commercial loading areas, parking areas, and airport landing strips. (c) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. (d) Residential yards, lawns, gardens, parking areas, and play areas. (e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. (2) Standards for Floodway Permitted Uses (a) The use must have a low flood damage potential. (b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (3) Conditional Uses The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 3.7(K)(4) ofthis ordinance and further subjectto the standards set forth in Section 3.7(E)(4), if otherwise allowed in the underlying zoning district or any applicable overlay district. (a) Structures accessory to the uses listed in 3.7(E)(1)(a)-(c) above and the uses listed in 3.7(E)(3)(b)-(c) below (b) E�traction, fill and storage of soil, sand, gravel, and other materials. (c) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures. (d) Storage yards for equipment, machinery, or materials. (e) Construction of fences that obstruct flood flows. Farm fences, as defined in section 3.7(B)(6)(i), are permitted uses. (f) Travel-ready recreational vehicles meeting the exception standards in Section 3.7�J)�2)�b)� (g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (4) Standards for Floodway Conditional Uses � (a) All Uses A conditional use must not cause any increase in the regional flood elevations or cause an increase in flood damages in the reach or reaches affected. (b) Fill; Storage of Materials and Equipment (i) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, � riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (ii) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City of Monticello has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. (c) Accessory Structures Accessory structures, as identif�ied in Section 3.7(E)(3)(a), may be permitted, provided that: (i) Structures are not intended for human habitation; (ii) Structures will have a low flood damage potential; (iii) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (iv) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; 10 (v) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP 1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (vi) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: 1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. (e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (F) Flood Fringe District (FF) (1) Permitted Uses Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 3.7(F)(2). If no pre-e�sting, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (2) Standards for Flood Fringe Permitted Uses (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (b) Accessory Structures 11 As an alternative to the fill requirements of section 3.7(F)(2)(a), structures accessory to the uses identified in Section 3.7(F)(1) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (i) The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (ii) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on e�terior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (iii) Designs far meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openmgs. (c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 3.7(F)(2)(a) of this ordinance, or if allowed as a conditional use under Section 3.7(F)(3)(c) below. (d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (e) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. (f) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City of Monticello. (g) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in 12 feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (h) Manufactured homes and recreational vehicles must meet the standards of Section 3.7(J) of this ordinance. (3) Conditional Uses The following uses and activities may also be allowed as conditional uses as a principal or accessory use only if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 3.7(K)(4) of this ordinance. (a) Storage of any material or equipment below the regulatory flood protection elevation. (b) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 3.7(F)(2)(a) of this ordinance. (c) The use of inethods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 3.7(F)(4)(fl. (4) Standards for Flood Fringe Conditional Uses: (a) The standards listed in Sections 3.7(F)(2)(d) through 3.7(F)(2)(h) apply to all conditional uses. (b) Residential basements, as defined by Section 3.7(B)(6)(d) ofthis ordinance, are not allowed below the regulatory flood protection elevation. (c) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, meeting the FP 1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City of Monticello. (iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 13 (f) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor i£ 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (i) Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Structure shall be subject to a nonconversion agreement with upon the issuance of any permit. (ii) Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (G) Reserved for General Floodplain District (H) Subdivision Standards (1) Subdivisions No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. (a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. (b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood 14 protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City of Monticello. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. (c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (d) Subdivision proposals must be reviewed to assure that: (i) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) Adequate drainage is provided to reduce exposure of flood hazard. (I) Public Utilities, Railroads, Roads, and Bridges (1) Public Utilities All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be flood proofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (2) Public Transportation Facilities Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 3.7(D) and 3.7(E) ofthis ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (3) On-site Water Supply and Sewage Treatment Systems Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 70802270, as amended. (� Manufactured Homes and Recreational Vehicles (1) Manufactured Homes 15 New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For e�sting manufactured home parks or lots of record, the following requirements apply: (a) Placement or replacement of manufactured home units is prohibited in the Floodway District. (b) Placement or replacement of manufactured home units in the Flood Fringe District is subj ect to the requirements of Section 3.7(F) of this ordinance and the following standards. (i) New and replacement manufactured homes must be elevated in compliance with Section 3.7(E) of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (ii) New or replacement manufactured homes in e�sting manufactured home parks must meet the vehicular access requirements for subdivisions in Section 3.7(H)(1)(b) ofthis ordinance. (2) Recreational Vehicles New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the requirements below. (a) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 3.7�J)�2)�b)� (i) Individual lots or parcels of record. (ii) Existing commercial recreational vehicle parks or campgrounds. (iii) E�sting condominium type associations. (b) Criteria for Exempt Recreational Vehicles: (i) The vehicle must have a current license required for highway use. (ii) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (iii) No permanent structural type additions may be attached to the vehicle. (iv) Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Sections 3.7(D)(2) and 3.7(F)(2)(b). (K) Administration (1) Duties 16 A Zoning Administrator or other official designated by the City of Monticello must administer and enforce this ordinance. (2) Permit Application Requirements: (a) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (i) A site plan showing all pertinent dimensions, e�sting or proposed buildings, structures, and significant natural features having an influence on the permit. (ii) Location of fill or storage of materials in relation to the stream channel. (iii) Copies of any required municipal, county, state or federal permits or approvals. (iv) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (b) Certi�cation The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. Accessory structures designed in accordance with Section 3.7(F)(2)(b) ofthis ordinance are exempt from certif�ication, provided sufficient documentation is provided. (c) Certi�cate of Zoning Compliance for a New, Altered, or Nonconforming Use No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. (d) Construction and Use as Provided on Applications Permits, conditional use permits or certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance. (e) Record of First Floor Elevation The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (f) Noti�cations for Watercourse Alterations Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G245, this will suffice as adequate notice. A copy of the notification must also be 17 submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (g) Noti�cation to FEMA When Physical Changes Increase or Decrease Base Flood Elevations As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (3) Variances (a) Variance Applications An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable State Statutes and Chapter 2 of the zoning ordinance. (b) Adherence to State Floodplain Management Standards A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. (c) Additional Variance Criteria The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (i) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would re sult. (ii) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, e�raordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (iii) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Flood Insurance Notice The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (e) General Considerations The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: 18 (i) The potential danger of life and property due to increased flood heights or velocities caused by encroachments; (ii) The danger that materials may be swept onto other lands or downstream to the injury of others; (iii) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (iv) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (v) The importance of the services to be provided by the proposed use to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of viable alternative locations for the proposed use that are not subj ect to flooding; (viii)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (ix) The relationship ofthe proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. � (f) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The Zoning Administrator or other official designated by the City of Monticello must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (g) Submittal of Final Decisions to the DNR A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (h) Record-Keeping The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (4) Conditional Uses: (a) Administrative Review 19 An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Chapter 2 of the zoning ordinance. (b) Factors Used in Decision-Making In passing upon conditional use applications, the City of Monticello must consider all relevant factors specified in other sections of this ordinance, and those factors identif�ied in Section 3.7(K)(3)(e) ofthis ordinance. (c) Conditions Attached to Conditional Use Permits The City of Monticello may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (i) Modif�ication of waste treatment and water supply facilities. (ii) Limitations on period of use, occupancy, and operation. (iii) Imposition of operational controls, sureties, and deed restrictions. (iv) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (v) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (d) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The Zoning Administrator or other official designated by the City of Monticello must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (e) Submittal of Hearing Notices to the Department of Natural Resources (DNR) The City of Monticello must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (f) Submittal of Final Decisions to the DNR A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (L) Nonconformities (1) Continuance of Nonconformities A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as 20 defined in Section 3.7(B)(6) of this ordinance, are subject to the provisions of Sections 3.7(L)(1)(a) — 3.7(L)(1)(fl ofthis ordinance. (a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 3.7(L)(1)(b) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 3.7(L)(1)(d) below. (c) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. (d) If any structure experiences a substantial improvement as defined in this ordinance, then the entire structure must meet the standards of Section 3.7(E) or 3.7(F) of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50 percent of the market value of any nonconforming structure, the entire structure must meet the standards of Section 3.7(E) or 3.7(F) of this ordinance. (e) If any nonconformity is substantially damaged, as defined in this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 3.7(E) or 3.7(F) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (f) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 3.7(B)(6)(bb) of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (M) Violations and Penalties (1) Violation Constitutes a Misdemeanor Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (2) Other Lawful Action Nothing in this ordinance restricts the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 21 (3) Enforcement Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Chapter 7 of the zoning ordinance. In responding to a suspected ordinance violation, the Zoning Administrator and City of Monticello may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Monticello must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (N) Amendments (1) Floodplain Designation — Restrictions on Removal The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (2) Amendments Require DNR Approval All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (3) Map Revisions Require Ordinance Amendments The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 3.7(B)(2) ofthis ordinance. Section 4.. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations 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 5. This Ordinance shall take effect and be in full force from and after its passage and publication as required by law and/or charter. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BYthe Monticello City Council this day of June, 2018. 22 Attest: Attest: (Name of Elected Official) (Name of Community Official) Stamp with Community Seal: VOTING 1N FAVOR: VOTING 1N OPPOSITION: , County Board Chairperson/Mayor City Administrator/City Clerk 23 SECTION: 18-1: 18-2: 18-3: 18-4: 18-5: 18-6: 18-7: 18-8: 18-9: 18-10 18-11 18-12 18-13 18-1 18-2 CHAPTER 18 FLOOD PLAIN MANAGEMENT ORDINANCE Statutory Authorization, Findings of Fact, and Purpose General Provisions Establishment of Zoning Districts Floodway District (FW) Flood Fringe District (FF) Reserved for Future Use Subdivisions Utilities, Railroads, Roads, and Bridges Manufactured Homes/Travel Trailers and Travel Vehicles Administration Nonconforming Uses Penalties for Violation Amendments STATUTORY AUTHORIZATION FINDINGS OF FACT AND PURPOSE: [A] STATUTORY AUTHORIZATION: The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 104 and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows: [B] FINDING OF FACT: 1. The flood hazard areas of Monticello, Minnesota, are subj ect to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. [C] STATEMENT OF PURPOSE: It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section [B] 1 by provisions contained herein. GENERAL PROVISIONS: MONTICELLO ZONING ORDINANCE 18/1 [A] [B] [C] [D] [E] [F] LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall apply to all lands within the jurisdiction of Monticello shown on the official zoning map and/or attachments thereto as being located within the boundaries of the floodway or flood fringe districts. ESTABLISHN�NT OF OFFICIAL ZONING MAP: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the city of Monticello prepared by the Federal Insurance Administration dated May 1979, the Flood Boundary and Floodway Map dated November 1979, and the Flood Insurance Rate Map dated November 1979 therein. The official zoning map shall be on file in the office of the City Administrator and the Zoning Administrator. REGLTLATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. INTERPRETATION: In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence. ABROGATION AND GREATER RESTRICTIONS: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. WARNING AND DISCLAINIER OF LIABILITY: This ordinance does not imply that areas outside the flood plain districts or land uses permitted within MONTICELLO ZONING ORDINANCE 18/2 such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monticello or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. [G] SEVERABILITY: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. [H] DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. ACCESSORY USE OR STRUCTURE--A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. BASEMENT--means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. CONDTTIONAL USE--means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) certain conditions as detailed in the zoning ordinance exist, and (b) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 4. EQUAL DEGREE OF ENCROACHIV�NT--A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD--A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 6. FLOOD FREQUENCY--The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. MONTICELLO ZONING ORDINANCE 18/3 7. FLOOD FRINGE--That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city of Monticello. FLOOD PLAIN--The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. 9. FLOOD-PROOFING--A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 10. FLOODWAY--The bed of wetland or lake and the channel of a watercourse and those portions of the adj oining flood plain which are reasonably required to carry or store the regional flood discharge. 11. OBSTRUCTION--Any dam, wall, wharf, embankment, levee, dike, pile, abutment, proj ection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 12. PRINCIPAL USE OR STRUCTURE--means all uses or structures that are not accessory uses or structures. 13. REACH--A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 14. REGIONAL FLOOD--A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 15. REGLJLATORY FLOOD PROTECTION ELEVATION--The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 16. STRUCTURE--anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured MONTICELLO ZONING ORDINANCE 18/4 homes, travel trailers, vehicles not meeting the exemption criteria specified in Section 9[C] 1 of the ordinance, and other similar items. 17. VARIANCE--means a modification of a specific permitted development standard required in an official control, including this ordinance, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 18-3: ESTABLISHIV�NT OF ZONING DISTRICTS: [A] DISTRICTS: FLOODWAY DISTRICT: The floodway district shall include those areas designated as floodway on the flood boundary and floodway map adopted in Section 2[B]. 2. FLOOD FRINGE DISTRICT: The flood fringe district shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in Section 2[B]. [B] COMPLIANCE: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses in Sections 4, 5, and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and specifically Section 9; 2. Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11; and As-built elevations for elevated or flood-proofed structures must be certified by ground surveys, and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10 of this ordinance. 18-4: FLOODWAY DISTRICT (FW) [A] PERMITTED USES: MONTICELLO ZONING ORDINANCE 18/5 General farming pasture, grazing outdoor plant nurseries, horticulture, truck farming forestry, sod farming and wild crop harvesting. 2. Industrial-commercial loading areas, parking areas, and airport landing strips. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. [B] STANDARDS FOR FLOODWAY PERMITTED USES: 1. The use shall have a low flood damage potential. 2. The use shall be permissible in the underlying zoning district if one exists. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment. [C] CONDITIONAL USES: Structures accessory to the uses listed in 4[A] above and the uses listed in 4[C]2 - 4[C]8 below. 2. Extraction and storage of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. Storage yards for equipment, machinery, or materials. 6. Placement of fill. 7. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9 [C] of this ordinance. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees, or dikes where the intent is to protect MONTICELLO ZONING ORDINANCE 18/6 agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. [D] STANDARDS FOR FLOODWAY CONDITIONAL USES: ALL USES. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. All floodway conditional uses shall be subject to the procedures and standards contained in Section 10 [D] of this ordinance. The conditional use shall be permissible in the underlying zoning district if one exists. 4. FILL: (a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching riprap, or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. ACCESSORY STRUCTURES: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. MONTICELLO ZONING ORDINANCE 1 g�� Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and ii. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adj oining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards as appropriate: The structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and ii. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed. 6. STORAGE OF MATERIALS AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available with a plan approved by the governing body. 7. Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood, and the technical MONTICELLO ZONING ORDINANCE 1 g�g [' • analysis must assume equal conveyance or storage loss on both sides of a stream. FLOOD FRINGE DISTRICT (FF) [A] PERMITTED USES: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe permitted uses shall listed in Section 5 [B] conditional uses" listed in [B] [C] the 5 provided such use does not constitute a public nuisance. All comply with the standards for flood fringe "permitted uses" and the standards for all flood fringe "permitted and Section 5 [E]. STANDARDS FOR FLOOD FRINGE PERMITTED USES: All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood- proofed in accordance with Section 4[D]5(c). � The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section [B] 1 of this ordinance. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. The provisions of Section 5[E] of this ordinance shall apply. CONDTTIONAL USES: Any structure that is not elevated on fill or flood-proofed in accordance with Section 5[B] 1- 5[B]2, or any use of land that does not comply with the standards in Section 5[B]3 - 5[B]4 shall only be allowable as a conditional use. An application for a conditional use shall be subj ect to standards and criteria and evaluation procedures specified in Sections 5[D] - [E] and 10 [D] of this ordinance. MONTICELLO ZONING ORDINANCE 18/9 [D] STANDARDS FOR FLOOD FRINGE CONDITIONAL USES: Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: (a) the enclosed area is above grade on at least one side of the structure; (b) is designed to internally flood and is constructed with flood resistant materials; and (c) is used solely for parking of vehicles, building access, or storage. The above-noted alternative elevation methods are subj ect to the following additional standards: Design and Certification--The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. ii. Specific Standards for Above-Grade, Enclosed Areas--Above-grade, fully enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood, and the design plans must stipulate: (aa) The minimum area of opening in the walls where internal flooding is to be used as a flood-proofing technique. When openings are placed in a structure's walls to provide for entry of flood water to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood water. (bb) That the enclosed area will be designed of flood MONTICELLO ZONING ORDINANCE 18/10 resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. 2. Basements, as defined by Section 2[H]2 of this ordinance, shall be subj ect to the following: (a) Residential basement construction shall not be allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood-proofed in accordance with Section 5[D]3 of this ordinance. All other areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the State Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 or FP-4 classification shall not be permitted. 4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state-approved shoreland management ordinance. In the absence of a state-approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. STORAGE OF MATERIAL AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. MONTICELLO ZONING ORDINANCE 18/11 (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. 6. The provisions of Section 5[E] of this ordinance shall also apply. [E] STANDARDS FOR ALL FLOOD FRINGE USES: All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of after determining that adequate flood warning time and local flood emergency response procedures exist. 2. CONIlV�RCIAL USES: Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. MANUFACTURING AND INDUSTRIAL USES: Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5[E]2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation--FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. MONTICELLO ZONING ORDINANCE 18/12 6. Standards for travel trailers and travel vehicles are contained in Section 9 [C]. 7. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 18-6: RESERVED FOR FUTURE USE 18-7: SUBDIVISIONS* [A] REVIEW CRTTERIA: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivisions and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. [B] REMOVAL OF SPECIAL FLOOD HAZARD AREA DESIGNATION: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 18-8: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: [A] PUBLIC UTILITIES: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. [B] PUBLIC TRANSPORTATION FACILITIES: Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4 and 5 of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or MONTICELLO ZONING ORDINANCE 18/13 [C] auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. ON-SITE SEWAGE TREATMENT AND WATER SUPPLY SYSTEMS: Where public utilities are not provided. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. 18-9: MAN UFACTURED HOMES AND MAN UFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES: [A] New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7 of this ordinance. [B] The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5 of this ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5[E] 1, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body. *This section is not intended as a subsritute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control unril the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. requirement is in requirements for resisting All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This addition to applicable state or local anchoring wind forces. [C] Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9[C] 1 below shall be subj ect to the provisions of this MONTICELLO ZONING ORDINANCE 18/14 ordinance and as specifically spelled out in Sections 9[C]3 - 9[C]4 below: EXEMPTION: Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Section 9[C]2 below and further, they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. Travel trailers and travel vehicles exempted in Section 9[C] 1 lose this exemption when development occurs on the parcel exceeding One Thousand Dollars ($1,000.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in Sections 4 and 5 of this ordinance. 4. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5[E] 1 of this ordinance. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subj ect to the requirements of Section 4. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10 [D] of the ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the MONTICELLO ZONING ORDINANCE 18/15 evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8[C] of this ordinance. 18-10: ADMINISTRATION: [A] ZONING ADMINISTRATOR: A Zoning Administrator designated by the governing body shall administer and enforce this ordinance. If the Zoning Administrator finds a violation of the provisions of this ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12 of the ordinance. [B ] PERMIT REQUIREMENT S : Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 2. Application for Permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or Certificates of Zoning Compliance issued MONTICELLO ZONING ORDINANCE 18/16 on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Section 12 of this ordinance. 6. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. 7. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood proofed. [C] BOARD OF ADJUSTMENT: Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 2. Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 4. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator or an application for a variance, the Board shall fix a reasonable time for a hearing and give MONTICELLO ZONING ORDINANCE 18/17 due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 5. Decisions. The Board shall arrive at a decision on such appeal or variance within 90 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 6. Appeals. Appeals from any decision of the Board may be made and as specified in this community's official controls and also Minnesota Statutes. 7. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (b) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. [D] CONDTTIONAL USES: The City Council shall hear and decide applications for conditional uses permissible under this ordinance. Applications shall be submitted to the Zoning Administrator, who shall forward the application to the City Council for consideration. 1. Hearings. Upon filing with the City Council an application for a MONTICELLO ZONING ORDINANCE 18/18 conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 2. Decisions. The City Council shall arrive at a decision on a conditional use within 90 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards in addition to those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Procedures to be followed by the City Council in passing on conditional use permit applications within all flood plain districts: (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. ii. Specifications for building construction and materials, flood-proofing filling dredging, grading channel improvement, storage of materials, water supply, and sanitary facilities. (b) Transmit one copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed proj ect in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 4. Factors Upon Which the Decision of the City Council Shall be Based. MONTICELLO ZONING ORDINANCE 18/19 In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subj ect to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this ordinance. Time for Acting on Application. The City Council shall act on an application in the manner described above within 90 days from receiving the application, except that where additional information is required pursuant to 10 [D]4 of this ordinance, the City Council shall render a written decision within 60 days from the receipt of such additional information. MONTICELLO ZONING ORDINANCE 18/20 6. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood-proofing measures in accordance with the State Building Code and this ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 18-11: NON-CONFORMING USES: [A] A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: No such use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity. 2. Any alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 thru FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted in 11 [A]3 below. The cost of any structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural MONTICELLO ZONING ORDINANCE 18/21 alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost, which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4 or 5 of this ordinance for new structures depending upon whether the structure is in the floodway or flood fringe, respectively. 4. If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months. If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4 or 5 will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively. 18-12: PENALTIES FOR VIOLATION: [A] Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. [B] Nothing herein contained shall prevent the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1. In responding to a suspected ordinance violation, the Zoning Administrator and local government may utilize the full array of enforcement action available to it, including but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to j eopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Adminstrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MONTICELLO ZONING ORDINANCE 18/22 appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after--the-fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. 18-3: AMENDMENTS: [A] The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. [B] All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days' written notice of all hearings to consider an amendment to this ordinance, and said notice shall include a draft of the ordinance amendment or technical study under consideration. (#189, 5/14/90) MONTICELLO ZONING ORDINANCE 18/23 MONTICELLO ZONING ORDINANCE 18/24 � D.1'R + i I f irlc rs Definitions floodplain: Any normally dry land area susceptible to surface-water flooding. 100-year flood: A flood that has a 1- percent chance of being equaled or ex- ceeded in any year. floodway: The river channel and that portion ofthe floodplain required to pass 100-year floodwaters without increasing the water surface elevation more than a designated height (6 inches in Minnesota) flood fringe: The portions of the 100-year floodplain outside the floodway but still subjectto flooding. Federal Emergency Management Agency (FEMA): Agency whose mission is to reduce loss of life and property and protect critical infrastructure from hazards. Flood Insurance Rate Map (FIRM): The official map on which FEMA has delineated the areas of special flood hazards. It is used to determine flood insurance premiums. What are floodplains? Floodplains are areas susceptible to flooding that are adjacent to rivers, streams, and lakes. In flat areas, the floodplain can extend more than a mile from the flooding source. Floodplains can also be the normally dry areas adjacent to wetlands, small ponds, or other low areas that cannot drain as quickly as the rain falls. A smaller area might be covered by floods every other year, on average (50-percent chance or 2-year floodplain), but a larger area will be covered by the flood that has a 0.2-percent chance of happening in a given year (the 500-year flood). The 1-percent chance (or 100-year) flood is the standard for Minnesota and federal minimum regulations. There is a 1-percent chance ofthis flood level being equaled or exceeded in any given year. The 100-year floodplain is the land adjoining lakes and rivers that would be covered by the 1-percent chance (or 100- year) flood. Along large rivers, like the Mississippi River or Red River of the North, floodplains usually are flooded during spring after heavy snow seasons. On these and other floodplains, flooding can also result from intense rains. In fact, climatologists have seen a trend toward a greater percentage of the total annual precipitation coming during the intense rains that can cause flooding. In areas with small streams or ponds, flooding can occur within hours of the intense rain. On the larger rivers and lakes, there may be days of warning. How are floodplains managed? Local units of government identify permitted land uses through zoning regulations. Floodplain management regulations are also administered by local zoning authorities. If you want information about permitted land uses on a floodplain within the municipal boundary, check with your city zoning authority. If you are in a rural area, check with your county zoning office. DNR Waters and Federal Emergency Management Agency (FEMA) staffs may assist local officials, especially on complicated issues, but the permitting decisions are made locally. Special Flood Hazard Areas (SFHA): Areas in a community that have been If your community has a FEMA Flood Insurance Rate Map (FIRM) that identified on FEMA maps as susceptible to shows flood-prone areas, your community should have enrolled in the a 100-year flood. National Flood Insurance Program (NFIP) and adopted zoning regulations to National Flood Insurance Program (NFIP): Program under which communi- ties are eligible for federal flood insurance if they enroll in the NFIP and administer floodplain management regulations. Information Links Series of information sheets relat�d to floodplain management: www. dnr. state.mn.us/publications/wat� Flood insurance information: www.floodsmart.� FEMA website: www.fema.� September 2006 Page 1 of 2 manage land uses in the mapped floodplain. The community's floodplain management regulations must include the minimum federal and state regulations, but can be more restrictive. Most communities adopt a state model that has incorporated the minimum federal and state regulations. The minimum federal and state regulations are enforced in the 1-percent chance (100- year) floodplain that is mapped on the FIRM for the community. Local zoning regulations also identify permitted land uses in the floodway and flood fringe portions ofthe 1-percent chance (100-year) floodplain. In the floodway portion, high-velocity floodwaters are expected so most types of development are prohibited. In the flood fringe portion of the floodplain, where the backwater or low-velocity floodwaters occur, development is allowed if it meets standards such as elevating on fill or floodproofing to reduce damage when there is a flood. Check with your local zoning authority to find out which floodplains are regulated. Local zoning authorities often have more restrictive regulations than the federal and state minimum. They might regulate activities in the 500-year floodplain, instead of 5�yyy...J ; "; ; -� a,' i �47 - l Al�llPAt'�� `l j �'�9 �F'��.�. i �' '' =_ - �� ��� � ' ��..w� . a �-.�` . � ;;�� �, � , �. �,i'; `_ -- � .�:'_..,. � — . :'G ��ME � �_� � s �� 11lm I I9iYl[L !LG Y V i ti� w�� , fr�o.�,•. N1YYlyilTr/A". "" . ' MYL llY �f Jt4 uw+.n—r.a� .�r:a iClIi9C11 k LYGCw a� ��. i� i l -w, Sample FEMA Flood Insurance Rate Map (FIRM). Flood insurance is required in shaded areas. Flood insurance is available forany location in orout ofthe shaded area ifthe community is a participant in the National Flood Insurance Program. Sometimes areas above the flood elevation are shown as flood prone on these maps. This is usually due to lack of detailed elevation information to accurately locate bound- aries ofthe floodplain. FEMA has processes (letter of map amendment; letter of map revision based on fill) to apply for corrections to the map when better information is available forthe site. Minnesota QEPARTRI� HT OF HAfl1RdL flESCIIF�.E5 DNR Contact Information DNR Waters website lists Area Hydrologists: www.dnr.state.mn.us/waters DNR Waters in St. Paul: 500 Lafayette Road St. Paul, MN 55155-4032 (651)259-5700 September 2006 �ustthe 1-percent chance (100-year) floodplam, especially for essential services such as hospitals, fire stations, and prisons, or for locating hazardous waste sites. They also may have a local water plan that identifies the local ponds and low spots that would be flooded as a result of an intense rain and may require houses to stay above those areas. The FEMA maps usually show floodplains associated with rivers, streams, and large lakes, but the community may also regulate these locally identified areas as high flooding risks. Flood insurance requirements If you intend to obtain a loan from a federally regulated lender (like most mortgage lenders), the lender MUST require you to have flood insurance if your home is in the Special Flood Hazard Area (SFHA)—the 1-percent chance (100-year) floodplain. Lenders face penalties and fines if properties in these areas mapped as flood prone are not covered by a flood insurance policy. If your community is enrolled in the National Flood Insurance Program (NFIP), you can buy flood insurance. More than 93 percent of Minnesotans are in communities participating in the NFIP and can buy flood insurance. A common myth is that you can only buy flood insurance if you are in the floodplain on the FEMA Flood Insurance Rate Maps. The fact is that anyone in a participating community can buy flood insurance, and that the flood insurance is much less expen- sive if you are not in a floodplain mapped by FEMA. DNR Information Center Twin Cities: (651) 296-6157 Minnesota toll free: 1-888-646-6367 Telecommunication device far the deaf (TDD): (651) 296-5484 TDD toll free: 1-800-657-3929 This information is available in an alternative format on request. Equal opportunity to participate in and benefit from programs of the Mixixie- sota Department of Natural Resources is available regardless of race, color, national origin, sex, seaual orientation, marital status, status with regard to public assistance, age, or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4031; ar the Equal Opporiunity Office, Department of the Interior, Washington, DC 20240. Page 2 of 2 E � �2� .. l� � _ � � _... __— ---_. . r ��1 � : � � :� � � ! +� � ,, ?' 4 � �� • . � � �� � � � � • -'"� W _ �d. tr � �� (� �C � �, _ 1 , .,....v.. � ��� ��ir P ; i �q ! n 1 . -�- P �; �� ,.°.. .,' _ ,�.. . . 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Ya. � m LL N (n C � '�O =-� e `� . � it ��..'� �--�� i�"V � � �, @i � � � ii � a � � � m \ - � g� - ��"�� � -o -o > '° r:\, ^ �� yh@�^� � ..+''.. .��,,.�-�v � � o o � Z �> s Z '. \ �j � \�'/ t� �:'�� f� �;y � �[�a� \4 � LL LL � 0 > (n 0 U 6�+ j',. ``1;kC��\�U �� � � 1 [ �4" j' �,.-. 1"�^ �" �0 � \� � � : _ �,:� �s �`� , �� �`. ��\ �0�� i0 � . ,. :, , �: , �-; .�� � �. �y 4 Planning Commission Agenda — 06/OS/18 3A. Consideration of Communitv Development Director's Report Council Action on Commission Recommendations Consideration to approve a request for amendment to Conditional Use Permit for Co-location of a Wireless Telecommunication Service Antenna on an existing tower in the R-A (Residential Amenities) District. Applicant: Nextera Communications Approved on consent on 5/14/18 • Consideration to approve a request for Conditional Use Permit for building height in the I-1, Light Industrial District, with associated easements. Applicant: Bondhus Corporation. Approved on consent agenda on 5/29/18 Downtown Zoning Ordinance Work Group A meeting of the Downtown Zoning Ordinance Work Group was held on May 22"a Unfortunately, the meeting was not well attended and attendance continues to drop as the meetings progress. While the group has made progress on allowable uses with the various character areas, there is a need to discuss core policy issues related to the detailing of specific use standards. As such, it is likely that a j oint workshop of the Planning Commission and Council will be necessary before the ordinance work for the CCD can proceed. A workshop in July or August is anticipated. Building & Code Enforcement Update As of May 315t, 2018, the City will have one full-time Interim Chief Building Official (Ron Hackenmueller) and a Building Department Technician (Deb Cole). This staffing level is down from three full-time inspectors and one technician. Former Chief John Rued resigned from his position effective Apri127th and inspector Rod Spiering will be leaving employment with the City effective May 31 st, 2018. The City has posted for the Chief Building Official and Building Inspector positions. Postings close by June 3rd, 2018. The City will move quickly to fill the two open positions within the department, bringing staff levels back up to three inspectors (including the Chief position) and the technician position. In order to maintain customer service during the peak construction period for the City, a request for proposals was issued for contract plan review and inspection services. On May 29th, 2018, the City Council approved utilizing Rum River Construction Consultants for services. Contract services are expected to be required for a period of approximately 6-8 weeks while the city makes hiring decisions for the department. Staff will keep Planning Commission updated as hiring progresses. Streetlight Banner Contest The City of Monticello is updating the streetlight banners located on Pine, Walnut and Broadway. In an effort to engage the community and highlight the city's new Arts Planning Commission Agenda — 06/OS/18 Initiative, a banner contest is being held to help design the replacement banners. To find out more about the contest and the Arts Initiative's work, visit: https://www.ci.monticello.mn.us/index.asp?SEC=B82583DE-47E0-4354-A3D5- 89E91015COCE&Ty�e=B_BASIC EDA/Council Tour and Workshop A meeting has been scheduled Monday, June 4 at 4:30 p.m. for a walking tour of Broadway/Walnut for the EDA as part of their development of a fa�ade improvement loan/grant program for the core downtown. Immediately following the fa�ade tour, the Council and EDA will be walking the Walnut corridor to get a first-hand look at the streetscape and area in advance of a joint workshop on regarding the Walnut River corridor plan, which will begin at 5 p.m. The Cuningham Group, facilitators for the Downtown Small Area Plan, will be leading both. Planning Commission is welcome to attend! 2