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HomeMy WebLinkAboutPlanning Commission Packet 09-16-2020Planning Commission 1 of 2 September 16, 2020 CITY OF PLYMOUTH AGENDA Regular Planning Commission September 16, 2020, 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 1.1 Instructions to participate in the Virtual Planning Commission Meeting Instructions to Participate 2. PUBLIC FORUM 3. APPROVE AGENDA 4. CONSENT AGENDA 4.1 Proposed Minutes from the September 2, 2020 Planning Commission Meeting. 090220 draft minutes 5. PUBLIC HEARINGS 5.1 Conditional use permit to allow a columbarium at the southwest corner of the church property located at 13015 Rockford Road (2020061). Planning Commission Report Resolution CUP Standards Location Map Aerial Map Notification Map Applicants Narrative and Graphics 5.2 Annual Update to the Zoning Ordinance and City Code (City of Plymouth -- 2020-022) Planning Commission Report Information Summary List -- Proposed Zoning Ordinance Amendments Draft Ordinance Amending Zoning Ordinance (Exhibit A) Summary List -- Proposed City Code Amendments Draft Ordinance Amending City Code (Exhibit B) EQB -- Procedural Guide EQB -- Distribution Lists EQB -- EAW Guidelines 1 Planning Commission 2 of 2 September 16, 2020 EQB -- EAW Quick Reference EQB -- AUAR Quick Reference EQB -- EIS Quick Reference 6. NEW BUSINESS 7. ADJOURNMENT 2 REGULAR PLANNING COMMISSION September 16, 2020 Agenda Number: To: Steve Juetten, Community Development Director Prepared by: Matt Lupini, Community Development Coordinator Reviewed by: Steve Juetten, Community Development Director Item: Instructions to participate in the Virtual Planning Commission Meeting 1. ACTION REQUESTED: The Chair provides instructions for the public to participate in the meeting by phone or online. 2. BACKGROUND: Planning Commission meetings will be conducted virtually (via Zoom webinar/conference call) due to the state of local emergency for the COVID-19 pandemic. Members of the Planning Commission and staff will participate in this meeting via telephone/video conference. Watch the Meeting The meeting will be live-streamed and available for replay: • Online at https://ccxmedia.org/ccx-cities/plymouth • Cable Channel 16 (CCX Media) • Online via Zoom Public Comments Written comments: Comments may be submitted for inclusion in the Planning Commission packet by emailing city staff at planning@plymouthmn.gov. You may also request that comments of up to one page be read into the record by the Community Development Coordinator. Speaking during the meeting: The public may address the Council regarding an item on the agenda via Zoom conferencing service at no cost. Those who wish to speak must register online via Zoom and indicate that they wish to provide public comment on an agenda item. Register via Zoom at: https://us02web.zoom.us/webinar/register/WN_2x8r76S4Re6iO4vTriBc6w Registration will remain open and be monitored for the duration of the meeting. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: N/A 3 Regular Planning Commission September 16, 2020 Agenda Number:4.1 To:Dave Callister, City Manager Prepared by:Steve Juetten Reviewed by: Item:Proposed Minutes from the September 2, 2020 Planning Commission Meeting. 1.Action Requested: Approved proposed Minutes from the September 2, 2020 Planning Commission Meeting. 2.Background: Proposed Minutes from the September 2, 2020 Planning Commission Meeting 3.Budget Impact: NA 4.Attachments: 090220 draft minutes 4 1 Proposed Minutes September 2, 2020 Proposed Minutes Planning Commission Meeting September 2, 2020 Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 2, 2020. COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba, Michael Boo, David Witte, and Julie Jones COMMISSIONERS ABSENT: Commissioner Justin Markell STAFF PRESENT: Community Development Director Steve Juetten, HRA Manager Jim Barnes, Senior Planner Shawn Drill and Community Development Coordinator Matt Lupini OTHERS PRESENT: Councilmember Ned Carroll Chair Anderson led the Pledge of Allegiance. Plymouth Forum Approval of Agenda Motion was made by Commissioner Oakley, and seconded by Commissioner Witte, to approve the agenda. With all Commissioners voting in favor, the motion carried. Consent Agenda (4.1) Planning Commission minutes from meeting held on August 5, 2020. Motion was made by Commissioner Jones, and seconded by Commissioner Boo, to approve the Consent Agenda. With all Commissioners voting in favor, the motion carried. Public Hearings (5.1) Planned Unit Development Amendment to change the residential unit count related to the Four Seasons Mall redevelopment plan approved in November 2019 (Dominium – 2020-052). Senior Planner Drill reviewed the staff report. Chair Anderson asked, what affect the unit changes have on the shape, size, and height of the buildings, including materials and landscaping. 5 2 Proposed Minutes September 2, 2020 Senior Planner Drill replied that all of the changes would take place within the approved building plan and the exterior appearance, shape and size would not change. Commissioner Boo stated that there is an increased number of surface parking to support the increased number of units and asked where that additional parking will be accommodated and whether it would impact the hard surface limit for the development. Senior Planner Drill identified where additional parking would be added. He stated that the water resources department reviewed the proposal and because it would be a small change to the overall site plan, it was determined that additional storm water review was not required. Commissioner Witte asked how density is calculated for the project. Senior Planner Drill explained that the total site area is reviewed to calculate the maximum units per acre, noting that this density is below the maximum allowed. Commissioner Witte asked if any amenities were eliminated in order to support the increased number of units. Senior Planner Drill stated that the major change to the senior building would be to change the number of bedrooms for the units, noting that some of the three-bedroom units would be eliminated and replaced with units of lesser bedrooms. He noted that some of the amenities would be moved to the lower level of the building. Commissioner Witte asked the basis for the change in the number of units. Commissioner Oakley stated that he did not see the letters from the public included in the packet and asked staff for details. Senior Planner Drill replied that the letters were received after the packets were sent out and therefore were sent via email and contained concerns primarily related to density and traffic. Chair Anderson introduced Logan Schmidt, representing Dominium, stated that in most of their senior projects around the metro there is a higher demand for the one- and two- bedroom units. He stated that three-bedroom units would remain in the corners with the other three-bedroom units replaced with one- and two-bedroom units to better fit the market demand. Commissioner Witte asked the occupancy experience for the senior apartments, specifically whether the residents with two bedrooms are using one as a bedroom and the other as an office or something of that nature. Mr. Schmidt replied that the average vacancy rate in all their units is less than three percent. He stated that even though the three-bedroom units are typically the last to lease, they will be filled. He explained that typically residents are downsizing from a single-family home and use the additional bedrooms for their additional belongings and/or an extra bedroom for visitors. 6 3 Proposed Minutes September 2, 2020 Commissioner Saba asked the difference in rent between a two-bedroom and three-bedroom unit. Mr. Schmidt replied that the difference would be about $200. He noted that in this project there will be 24 units that will be affordable and therefore would actually be an additional $400 less in rent compared to the three-bedroom units. Commissioner Jones asked if Dominium charges an additional rent for garage unit stalls and how they would regulate the number of vehicles a tenant can have. Mr. Schmidt confirmed that there is an additional charge for garage stalls above the base rent amount. He noted that guests are required to obtain a pass for overnight parking in the surface stalls. Chair Anderson opened the public and with no one requesting to speak the Chair closed the public hearing. Chair Anderson stated that he would consider these changes to be within the prerogative of the developer based on changes to the market that have occurred between the preliminary approval and prior to building construction. Commissioner Witte agreed but noted that he would like to discuss the issues raised in the email from Mr. Klick related to parking and whether seniors would be forced to use the park and ride ramp for additional parking. He stated that it appears that the parking ratio has been maintained without consideration of the park and ride ramp spaces. Senior Planner Drill confirmed that the approved parking ratio would be maintained. He stated that there would be a few less indoor stalls under the senior building, but that staff feels comfortable that the proposal would be adequate. Commissioner Boo agreed with the comments that this does not seem to be a material change to the original plan. Motion was made by Commissioner Boo, and seconded by Commission Oakley, to recommend approval of an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code Relating to the Four Seasons Planned Unit Development District Located at 4200 Lancaster Lane, a Resolution Approving Findings of Fact Relating to a PUD Amending for the Four Seasons Mall Site, and a Resolution Approving a PUD Amendment Related to Residential Unit County For the Four Seasons Mall (2020052). With all Commissioner voting in favor, the motion carried. New Business Adjournment 7 4 Proposed Minutes September 2, 2020 Chair Anderson adjourned the meeting at 7:36 p.m. 8 Regular Planning Commission September 16, 2020 Agenda Number:5.1 To:Planning Commission Prepared by:Lori Sommers, Senior Planner Reviewed by:Steve Juetten, Community Development Director File No:2020061 1.Applicant: Justin Gunderson, on behalf of Church of St. Joseph 2.Proposal: Conditional use permit to allow a columbarium at the southwest corner of the church property. 3.Location: 13015 Rockford Road 4.Guiding: LA-1 (Living Area 1) 5.Zoning: FRD (Future Restricted Development) 6.School District: ISD 281 (Robbinsdale) 7.Review Deadline: December 12, 2020 8.Brief Description: See attached Planning Commission Report for Information. 9.Attachments: 9 Planning Commission Report Resolution CUP Standards Location Map Aerial Map Notification Map Applicants Narrative and Graphics 10 File 2020061 Page 1 DESCRIPTION OF REQUEST: The applicant, on behalf of the Church of St. Joseph, is requesting approval of a conditional use permit to allow a columbarium in the FRD zoning district. The columbarium would be located at the southwest corner of the church property. This area currently contains a small columbarium that the application proposes to expand. The existing columbarium was installed prior to the requirements for a conditional use permit. Notice of the public hearing was published in the city’s official newspaper and mailed to all property owners within 500 feet of the site. A copy of the notification area map is attached. Development signage was also placed on the site. CONTEXT: Surrounding Land Uses Adjacent Land Use Guiding Zoning North Rockford Road Plaza C C-4 East Clifton E. French Regional Park P-I P-I South Townhomes – French Ridge Park & French Ridge Park LA-1, P-I RSF-4, P-I West Cottonwood Plaza C C-4 Natural Characteristics of Site This site is located in the Bassett Creek Watershed District. The site in not located in a shoreland or flood plain overlay district. No wetlands are present on the property. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must approve the conditional use permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: Conditional Use Permit A conditional use permit is required to build a columbarium/memorial garden in the future restricted development (FRD) district. The applicant indicates that the columbarium would be located southwest corner of the property and accessed by sidewalks from the parking lot. The applicant specifies that there would be three columbaria banks constructed in a circular pattern 11 File 2020061 Page 2 around the existing columbaria. The columbaria would be constructed of grey granite markers. There would be a total of 750 niches added to the site, bringing the total to 840. Each niche would accommodate a maximum of two urns for a total capacity of 1,680 urns. The columbarium would be roughly five and a half feet tall and just over 22 feet long. The total width of the columbarium would be roughly three feet. Section 21350.07 of the zoning ordinance lists cemeteries or memorial gardens, subject to the following conditions: 1. The site is landscaped in accordance with section 21130 of the zoning ordinance. The memorial garden is consistent with the applicable requirements for plant spacing and ground cover. 2. The use is available to the public. The use would be semi-public as niches would be available for sale to church members and relatives as well. 3. All portions of the use meet the minimum setback requirements for principal structures. The applicable setback is the 75- foot setback from Rockford Road and Northwest Boulevard. According to the plan, the memorial garden is set back at least 100 feet from each property line. Findings on the Conditional Use Permit The Planning Commission must review the request against the general and performance standards for conditional use permits in section 21015 of the zoning ordinance (attached). Staff reviewed the application against these standards as follows: Comprehensive Plan: The comprehensive plan indicates that FRD uses are consistent with the FRD land use classification. Consequently, the proposed use is consistent with the City’s comprehensive plan. Public Welfare: The proposed use would not be detrimental to the general public health, welfare, moral or comfort. Views of the memorial garden are obscured from adjacent properties by the landscaping, buildings, and parking lot. The memorial garden would fulfill a necessary service within the community. 12 File 2020061 Page 3 Impact on Surrounding Property: The memorial garden would not be injurious to the immediately surrounding properties. The garden would be located adjacent to the existing cemetery located at the southwest corner of the property. The church buildings block visibility from the properties to the north. Existing trees provide vegetative screening to the south, east and west. Additionally, there is a significant grade change on the east and south property lines that provides screening. Orderly Development: The surrounding properties are fully developed and construction of the memorial garden would not impede improvement of the surrounding properties. Public Facilities: The subject site is adequately served by public facilities. District Regulations/Performance Standards: The proposed use would be consistent with all regulations and standards for the FRD zoning district as outlined above and listed in section 21350.07 of the zoning ordinance. RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit, subject to the conditions outlined in the attached resolution. If new information is brought forward at the public hearing, staff may alter or reconsider its recommendation. ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit 2. Conditional Use Permit Standards 3. Location Map 4. Aerial Photo 5. Notification Area Map 6. Applicant’s Narrative and Graphics 13 CITY OF PLYMOUTH RESOLUTION NO. 2020- RESOLUTIONAPPROVING A CONDITIONAL USE PERMIT FORJUSTIN GUNDERSON FOR THE CHURCH OF ST. JOSEPH FOR PROPERTY LOCATED AT 13015 ROCKFORD ROAD (2020061) WHEREAS, Justin Gunderson, on behalf of the Church of St. Joseph, has requested approval of a conditional use permit for a columbarium on the site legally described as follows: That portion of Section Fifteen (15) in Township one hundred and Eighteen (118) North, of Range twenty-two (22) West, described as follows, to wit-Commencing at a point on the west line of the Northeast quarter of the Southeast quarter of said Section fifteen (15) which point is eighteen (18) rods South of the Northwest corner of said Northeast quarter of the Southeast quarter of said Section fifteen (15) and is the centerline of the Rockford and Minneapolis Road, so-called; thence from said point running South along said West line Thirty (30) rods; thence at right angles East thirty-six (36) rods more or less to the centerline of the North Medicine Lake Faber cross Road so-called; thence Northwesterly along the centerline of said last mentioned road to the centerline of said Rockford and Minneapolis Road to a point where the center lines, of said roads meet being about twenty-two (22) rods Easterly from the point of beginning; thence Westerly along the centerline of said Rockford and Minneapolis Road to the point of beginning. [Except road rights-of-way.]. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Justin Gunderson, on behalf of the Church of St. Joseph, for a conditional use permit, subject to the following conditions: 1. A conditional use permit is approved to allow a columbarium in accordance with the application and plans received by the City on August 14, 2020, and additional information on August 17, 2020, and August 21, 2020, except as may be amended by this resolution. 2. The requested conditional use permit is approved, based on the finding that all applicable standards have been met, specifically; the proposed use: a) would not endanger the public health or safety; b) would not be injurious to other properties in the vicinity or to the city as a whole; c) would not impede the orderly development of surrounding properties; d) has adequate public facilities and services available; and e) conforms to the applicable regulations of the district. 3. The permit is subject to all applicable building and fire codes, and to all city regulations and ordinances. Any violation thereof shall be grounds for revocation. 14 Res. 2020- File 2020061 Page 2 4. Prior to installation of the columbarium,the applicant shall obtain a separate approval of a building footing and foundation permit. 5. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a) Receive city approval of final construction plans. b) Receive any required Bassett Creek watershed approval. c) Show erosion and sediment controls, i.e. silt fence, bio-logs, inlet protections to downstream drains. 6. Standard Conditions: a. Subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. b. The conditional use permit shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21015.07 of the zoning ordinance. APPROVED by the Plymouth City Council this ____ day of ____, 2020. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on _________2020, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ______ day of ____________, 2020. ____________________________________ City Clerk 15 16 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w K SITE Northwest Blvd.39th Ave. 2018022 Greenway North 18405, 18515, and 18535 County Road 47, 6035 Troy Ln N, and 5945 Troy Ln N Request for Requiding and Sketch Plan Rockfo r d R d . Legend C, Commercial CC, City Center CO, Commercial Office IP, Planned Industrial w w w w w w LA-1, Living Area 1 w w w w w w w w w w w w LA-2, Living Area 2 w w w w w w ww w w w w w ww w w w w w ww w w w w w w LA-3, Living Area 3 LA-4, Living Area 4 LA-R1 LA-R2 LA-R3 LA-RT P-I, Public/Semi-Public/Institutional 2020061 13015 Rockford Rd. Church of St. Joseph Request for Conditional Use Permit 17 K SITE Northwest Blvd.2018022 Greenway North 18405, 18515, and 18535 County Road 47, 6035 Troy Ln N, and 5945 Troy Ln N Request for Requiding and Sketch Plan Rockfo r d R d . 2020061 13015 Rockford Rd. Church of St. Joseph Request for Conditional Use Permit 18 Hennepin County Locate & Notify Map 2020061 0 200 400100Feet Date: 8/26/2020 Buffer Size:500 Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 19 Conditional Use Permit Checklist Page 2 O:/Plan/Forms/Planning Apps/checklist.conditional use permit __JG___ DIGITAL VERSION* OF A DESCRIPTION of the proposed use and how the proposed addition conforms with the following conditional use permit standards as set forth in Section 21015 of the Plymouth Zoning Ordinance: 1. Compliance with, and effect upon the Plymouth Comprehensive Plan. The proposed Columbaria will be in compliance with the Plymouth Comprehensive Plan. 2. The establishment, maintenance or operation of this conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed Columbaria construction, maintenance, nor its operation will not be detrimental to or endanger the public health, safety, morals or comfort to the general public of the City of Plymouth or the surrounding neighbors. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed Columbaria will not be injurious to the use and enjoyment of other property in the immediate vicinity nor will it diminish or impair property values in the neighborhood. The Columbaria will be constructed of high quality, locally sourced granite and the grounds will continue to be maintained at a very high standard. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed Columbaria will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The site is set back from adjacent properties and well concealed by heavy tree cover. 5. Adequate measures have been, or will be, taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in public streets. The Church has adequate entrances, exits and off-street parking to prevent any traffic congestion of nearby public streets. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. We believe this statement is accurate. 7. The conditional use complies with the general and specific performance standards as specified by Section 21015 and the Plymouth Zoning Ordinance. We believe this statement is accurate __N/A__ _ DIGITAL VERSION* OF A WETLAND REPORT (if applicable) __JG___ COMPLETED APPLICATION FORM, signed by the property fee owner(s). __JG___ __N/A__ _ APPLICATION FEE (check or cash) payable to the City of Plymouth. --$400 for Residential Uses. --$500 for All Other Uses, plus an additional $165 fee for a development sign on one street frontage and $50 per sign for each additional street frontage for uses located within 500 lineal feet of any residential property. --The fee for staff-prepared mailing labels is included in the application fee. WETLAND FEE (if applicable) of $100 payable to the City of Plymouth. (Fees may be combined into one check.) 20 21 23 24 950.83 950.89 950.75 950.81 951.38951.33 951.33 950.94 950.87 950.89 950.81 951.28 951.28 951.09 950.75 950.97 950.94950.87 951 951951.03 951.09 1.24 %1.5%1.5% 951 951 TOP OF FOOTING951.36 TOP OF FOOTING 951.60 TOP OF FOOTING 951.60 951951.03 951.15951.03 1.5% 1.33%1.33%1.38 %1.5%1.38%1.77%1.77 % ADJUST PAVERS AS NEEDED TO PROPERLY SEAT THE GRANITE BENCHES (TYP.) #### #### CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Plotted: 03 /06 / 2020 2:6 PMW:\2019\19401\CADD DATA\CIVIL\_dwg Sheet Files\19401 C1-1 LayoutOUCKSL CADD QUALIFICATION QUALITY CONTROL PROFESSIONAL SIGNATURE SUBMITTAL/REVISIONS ST. JOSEPH CEMETERY 13015 ROCKFORD ROAD. PLYMOUTH, MINNESOTA 55441 ST. JOSEPH CATHOLIC COMMUNITY 8701 - 36th Avenue North New Hope, MN 55427 03/06/20 OWNER REVIEW SET LAYOUT/GRADING PLANC1-1 Review Date SHEET INDEX License No. Date I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Michael J. St. Martin - PE Project Lead Drawn By Checked By Loucks Project No. 24440 19401 MJS GAJ MJS 3/06/2020 03/06/2020 LAYOUT / GRADING PLAN C1-1 DEMOLITION / SITE PREPARATION PLAN TRANSPLANT TREE - OWNER TO VERIFY NEW LOCATION REMOVE AND SALVAGE FOUR BENCHES FOR INSTALLATION IN NEW LAYOUT ORANGE CONSTRUCTION FENCE LAYOUT PLAN GRADING PLAN REMOVE EXISTING PAVERS 8.00' EXISTING BOLLARD TO REMAIN EXISTING BOLLARD TO REMAIN ORANGE CONSTRUCTION FENCE ` CL CP CL CL CL60.76° 60.7 6 ° RELOCATED BENCH - (TYP) KEEP IN SAME RELATIVE POSITION TO THE CENTRAL COLUMBARIA COLUMBARIUM FOUNDATION - SEE C1-1 CLCL PROTECT EXISTING COLUMBARIUM DURING CONSTRUCTION SOD ALL DISTURBED AREASCONCRETE PAVERS SEE 1/C1-1 35.00°35.00° R22.13' R17.63' R14.13'R3.63' 4.75 ' TYPPROTECT EXISTING GRAVE MARKERSGopher State One Call THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. WARNING GRADING NOTES BACKGROUND INFORMATION IS BASED ON A FIELD SURVEY BY LOUCKS. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASE OF THIS PROJECT. THE CONTRACTOR WILL BE HELD RESPONSIBLE FOR ANY DAMAGES TO ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASE OF THIS PROJECT. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE ESTABLISHED AROUND THE ENTIRE SITE PERIMETER AND IN ACCORDANCE WITH BEST MANAGEMENT PRACTICES AND CITY REQUIREMENTS. ALL SPOT ELEVATIONS SHOWN REPRESENT FINISHED SURFACE ELEVATIONS UNLESS OTHERWISE NOTED . CONTRACTOR TO VERIFY EXISTING INFORMATION PRIOR TO CONSTRUCTION AND NOTIFY ENGINEER OF ANY PLAN DISCREPANCIES. ADA ACCESSIBLE ROUTE SHALL HAVE A 1.8% MAXIMUM SLOPE IN THE DIRECTION OF TRAVEL AND A 1.8% MAXIMUM CROSS-SLOPE. LEGEND EXISTING CONTOUR PRPOSED CONTOUR PROPOSED SLOPE PROPOSED SPOT ELEVATION968.53+ X.XX% N SCALE IN FEET 0 10 20 N SCALE IN FEET 0 10 20 N SCALE IN FEET 0 10 20 CONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. THEY SHALL INSPECT SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK. VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND BRING TO THE ATTENTION OF THE LANDSCAPE ARCHITECT ANY DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN AND/OR INTENT OF THE PROJECT'S LAYOUT. ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK OR MATERIALS SUPPLIED. CONTRACTOR SHALL PROTECT ALL EXISTING ROADS, TREES, LAWNS AND SITE ELEMENTS DURING CONSTRUCTION. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THE OWNER. CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES AND PROVIDE THE NECESSARY PROTECTION FOR SAME BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS (MINIMUM 10' - 0" CLEARANCE). THE ALIGNMENT AND GRADES OF THE PROPOSED FEATURES ARE SUBJECT TO FIELD ADJUSTMENT REQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE GRADING. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT. COORDINATE THE PHASES OF CONSTRUCTION AND PLANTING INSTALLATION WITH OTHER CONTRACTORS WORKING ON SITE. NO PLANTING WILL BE INSTALLED UNTIL COMPLETE GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. WHERE SOD ABUTS PAVED SURFACES, FINISHED GRADE OF SOD SHALL BE HELD 1" BELOW SURFACE ELEVATION OF PAVING. SOD ALL DESIGNATED AREAS DISTURBED DUE TO GRADING. SOD SHALL BE LAID PARALLEL TO THE CONTOURS AND SHALL HAVE STAGGERED JOINTS. ON SLOPES STEEPER THAN 3:1 OR IN DRAINAGE SWALES, THE SOD SHALL BE STAKED TO THE GROUND. ROCK MULCH SHALL BE 3/4"-1" GREY TRAP ROCK, 4" DEEP OVER A FIBER MAT WEED BARRIER. CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION OF ALL LANDSCAPE AND SITE IMPROVEMENTS. CONTRACTOR SHALL GUARANTEE NEW PLANT MATERIAL THROUGH ONE CALENDAR YEAR FROM THE DATE OF OWNER ACCEPTANCE. WARRANTY (ONE FULL GROWING SEASON) FOR LANDSCAPE MATERIALS SHALL BEGIN ON THE DATE OF ACCEPTANCE BY THE LANDSCAPE ARCHITECT AFTER THE COMPLETION OF PLANTING OF ALL LANDSCAPE MATERIALS. NO PARTIAL ACCEPTANCE WILL BE CONSIDERED. UNLESS NOTED OTHERWISE THE APPROPRIATE DATES FOR SPRING PLANT MATERIAL INSTALLATION AND SOD PLACEMENT IS FROM THE TIME GROUND HAS THAWED TO JUNE 15. FALL SODDING IS GENERALLY ACCEPTABLE FROM AUGUST 15 - NOVEMBER 1. LANDSCAPE CONTRACTOR SHALL ESTABLISH TO HIS SATISFACTION THAT SOIL AND COMPACTION CONDITIONS ARE ADEQUATE TO ALLOW FOR PROPER DRAINAGE AT AND AROUND THE BUILDING SITE. LANDSCAPING NOTES GENERAL NOTES FUTURE COLUMBARIUM FOUNDATION - SEE C1-1 FUTURE COLUMBARIUM FOUNDATION - SEE C1-1 BIOLOG EROSION CONTROL AT GRADING LIMITS 26" VARIES VARIES FOOTING NOTES: 1. TOP OF ALL FOOTINGS TO BE MIN. 3-1/4" ABOVE FINISHED GRADE AND MUST BE FLAT, LEVEL AND SMOOTH - SEE COLUMBARIUM PLANS FOR FURTHER INFORMATION 2. STAIN ALL EXPOSED CONCRETE FOOTING WITH CONCRETE STAIN - COLOR SHALL BE DARK GRAY VARIES +3-1/4" MIN(VARIES)26" ++VARIES VARIES COLUMBARIUM INSTALLATION BY OTHERS COLUMBARIUM INSTALLATION CONCRETE PAVERS FLEXIBLE PAVE EDGE WITH 12" SPIKES 6" COMPACTED CLASS 2 OR 1" SAND SETTING BED ROCK MULCH - 3/4"-1" GRAY TRAP ROCK CLASS 5 AGGREGATE BASE FUTURE COLUMBARIUM INSTALLATION ++ CONCRETE PAVERS / COLUMBARIUM FOOTINGS SCALE: 1" = 1'-0" CONCRETE PAVERS FLEXIBLE PAVE EDGE WITH 12" SPIKES 1" SAND SETTING BED 6" UNDISTURBED OR COMPACTED SUBGRADE 6" COMPACTED CLASS 2 OR CLASS 5 AGGREGATE BASE CONCRETE PAVERS / LAWN EDGING COLUMBARIUM FOOTING - SEE STRUCTURAL PLANS PAVER NOTES: 1. AGGREGATE BASE UNDER EXISTING PAVER AREAS SHALL BE RECONSTRUCTED WHERE NEEDED TO MATCH NEW PAVER AREAS 2. CONCRETE PAVERS SHALL BE BORGERT COBBLE SERIES RADIAL PATTERN OR APPROVED EQUAL, COLOR TO BE CHOSEN BY OWNER VARIESOVER GEOTEXTILE VARIES + NOTE: TEMPORARY BENCHES AND PLANTERS INSTALLED ON TOP OF FOOTINGS BY OWNER TO PREVENT TRIP HAZARDS 9"9" 1C1-1 25 26 27 28 29 Regular Planning Commission September 16, 2020 Agenda Number:5.2 To:Planning Commission Prepared by:Shawn Drill, Senior Planner Reviewed by:Steve Juetten, Community Development Director File No:2020-022 1.Applicant: City of Plymouth 2.Proposal: Annual update to zoning ordinance and city code 3.Location: City-wide 4.Guiding: N/A 5.Zoning: N/A 6.School District: N/A 7.Review Deadline: 8.Brief Description: See attached Planning Commission Report Information. 9.Attachments: 30 Planning Commission Report Information Summary List -- Proposed Zoning Ordinance Amendments Draft Ordinance Amending Zoning Ordinance (Exhibit A) Summary List -- Proposed City Code Amendments Draft Ordinance Amending City Code (Exhibit B) EQB -- Procedural Guide EQB -- Distribution Lists EQB -- EAW Guidelines EQB -- EAW Quick Reference EQB -- AUAR Quick Reference EQB -- EIS Quick Reference 31 Planning Commission Report Information City of Plymouth – Annual Update (2020-022) INTRODUCTION: The City of Plymouth adopted a new zoning ordinance and zoning map in 1996. That re-write proved to be a major undertaking because prior to that time, the zoning regulations had not been kept up-to-date on a regular basis. Since that time, the city has conducted annual updates of the zoning regulations to keep them current. The annual update includes proposed amendments to the zoning ordinance and to related sections of the city code. The proposed amendments include both technical and substantive revisions. Technical revisions include correcting typographical errors or making minor changes for clarification or consistency. Substantive revisions involve adding, deleting, or substantially changing a regulation. The draft ordinances (attached) show proposed new language as underlined text, and proposed deleted language as stricken text. This year’s update includes 57 proposed amendments to the zoning ordinance, and five related amendments to the city code. A brief description of each proposed amendment is provided in the attached summary lists. Notice of the public hearing was published in the City’s official newspaper. ZONING ORDINANCE AMENDMENTS (EXHIBIT A): Most of the proposed zoning ordinance amendments are self-explanatory. Staff is, however, providing additional background in this report on a few of the more noteworthy proposed amendments, as follows:  Environmental Review (Ord. Item #8 -- Pp. 2-6) Minnesota Rules Part 4410 provides the statutory regulations and requirements pertaining to environmental reviews. Additionally, Minnesota’s Environmental Quality Board (EQB) provides several procedural/guidance documents that clearly describe the timelines and manner in which environmental reviews are to be conducted. (A sample of some of the EQB procedural/guidance documents is attached.) Consequently, it is not necessary for the city to reiterate the rules and procedures in the ordinance. Doing so requires the city to amend its ordinance any time the state rules change. The proposed amendment would delete unnecessary/duplicative verbiage, and would instead refer to the established Minnesota State Rules. Provisions relating to city fees and mailed notice of the Planning Commission’s review would remain in the ordinance, as those item are not addressed under State law. 32 File 2020 022 Page 2  Fence Height (Ord. Items #22 & 23 -- Pp. 13-14) The issue of allowable fence height has surfaced recently. The major home improvement stores sell pre-constructed sections of fencing, typically in four- to six-foot high panels. Fence height issues have arisen upon installation of a fence, because the fence panels are typically placed a few inches above ground level in order to maintain drainage and prevent rot. This issue can be compounded when there is grade change on the lot. If someone complains that the top of their neighbor’s fence measures six feet—two inches above finished grade, and the maximum height allowed is 6 feet, staff is put on the position of negotiating an understanding between the neighbors, requiring the top two inches of the fence to be removed, or telling the fence owner to apply for a fence height variance. Consequently, the proposed ordinance would increase maximum fence height by one-half foot, to 6.5 feet for rear/side yard areas, and 3.5 feet or 4.5 feet, depending on fence type, for required front yard areas -- provided the actual fence panels/boards do not exceed 6 feet or 3 feet / 4 feet, respectively. The proposed increase in fence height also takes the height of posts/ decorative post caps into account.  Parking for Nursing Homes and Memory Care Homes (Ord. Item #31 – P. 18) This proposed amendment would increase the parking standard for nursing homes and memory care homes to better accommodate employee parking. The ordinance presently requires one parking space for each three beds. That ratio takes guest parking into account, and was also intended to take employee parking into account. City staff, however, has observed a shortage of parking when the current standard is used. Such care homes often require a lot of staffing, and parking shortages may result – especially during daily shift changes, as well as weekends and holidays. As a result, the proposed amendment would require three parking spaces per bed, plus one space for each employee on the major shift.  Nursery school use in residential districts (begins as Ord. Item #43 -- P. 28) The current provisions specify that a use entitled “Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools” are allowed by conditional use permit in the residential zoning districts. The proposed amendment would close a loophole that may otherwise allow new freestanding commercial daycare businesses to be constructed as a principal use on residentially-zoned property. This could be done if the commercial daycare business simply calls their use a “nursery school” and obtains the required state license for a daycare facility. Such freestanding commercial daycare businesses are allowed as principal uses on commercially-zoned property, but may not be appropriate within established residential neighborhoods. Daycares would continue to be allowable as an accessory use within existing religious and school facilities. Additionally, the ordinance would allow operation of existing freestanding daycare facilities in the RSF-1 district, in order to accommodate a daycare that presently lawfully operates at the former Beacon Heights School, 12325 Highway 55. 33 File 2020 022 Page 3 CITY CODE AMENDMENTS (EXHIBIT B): The five proposed city code amendments are self-explanatory. Staff is available to answer any questions you may have regarding the proposed amendments. RECOMMENDATION: Community Development Department staff recommends that the Planning Commission conduct the public hearing, review and discuss the proposed amendments listed in the draft ordinances, and subsequently provide its recommendation to the City Council. The Planning Commission may formulate a recommendation that adds, deletes, or changes proposed amendments as it sees appropriate. 34 1 City of Plymouth (2020-022) Summary List: Proposed Zoning Ordinance Amendments --Relates to Exhibit A-- Type of Amendment: T = Technical Change/ Correction S = Substantive Amendment / New Regulation Item Sec. # Type Chapter Description Definitions- 1. 1 T 21005.02 Amends definition of “Lot Width”to clarify how it is measured. 2. 1 T 21005.02 Amends definition of “Recreation, Commercial”by adding shooting ranges to the listing. 3. 1 S 21005.02 Adds definition for“Service Road”because the term is referenced in the ordinance but not currently defined. 4. 1 T 21005.02 Amends definition of“Structural Coverage”for consistency to reflect that accessory buildings of 200 square feet or less do not require a building permit. 5. 1 T 21005.02 Amends definition of “Structure”for consistency with the State building code, which states that fences over seven feet in height are considered to be structures that require a building permit. Variances- 6. 2 T 21030.04 Subd. 2 (b) (15): Improves readability; allows the decision resolution to be provided via alternate means (e.g., in person, or via e-mail or US mail). Appeals- 7. 3 T 21035.05 Subd. 4: Improves readability; allows the decision resolution to be provided via alternate means (e.g., in person, or via e-mail or US mail). Environmental Review- 8. 4 S 21040 Streamlines the entire section to simply refer to established State rules, while continuing to provide for a city review fee and mailed notice to surrounding property owners prior to Planning Commission consideration. Site Plan Review- 9. 5 T 21045.04 Subd. 2 (a): Clarifies that certain site plans require a cash escrow to cover the costs of city time and materials expended in relation to the review. 10. 6 T 21045.08 Subd. 2: Re-organizes and clarifies the provision. Outlots- 11. 7 T 21105.03 Subd. 8: Clarifies that retaining walls, as well as city and regional public park structures are allowable on parcels that are platted as outlots. 35 2 Item Sec. # Type Chapter Description Traffic Sight Visibility- 12. 8 T 21105.05 Separates the regulation basedon land use type (i.e., residential vs. non- residential); removes verbiage pertaining to driveways for residential land uses. Lighting Regulations- 13. 9 S 21105.06 Subd. 4 (b) (3): Specifies that light fixtures not be mounted higher than the building or structure they are attached to. Building Regulations- 14. 10 S 21115.09 Deletes Subd. 1 pertaining to foundation requirements, as foundations are regulated by the building code; re-numbers subsequent subdivisions. Accessory Buildings- 15. 11 T 21120.02 Subd. 7 (a): Deletes verbiage presently requiring accessory buildings to have the same or similar roof pitch as the principal building. 16. 11 T 21120.02 Subd. 7 (b): Adds new Item (3) to clarify that Quonset-hut type accessory buildings are prohibited in the residential districts; re-numbers subsequent item. Fences- 17. 12 T 21130.01 Subd. 2: Specifies that fences exceeding seven feet in height require a building permit, consistent with the building code. 18. 12 T 21130.01 Subd. 4 (c): Deletes Item (3), because height of posts and post caps would now be addressed by the overall fence allowance (see Items #22 and #23); re-numbers subsequent items. 19. 12 S 21130.01 Subd. 4 (h): Adds language prohibiting fencing within utility easements that house major public utility services, unless otherwise approved by the City Engineer; re-letters subsequent items. 20. 12 T 21130.01 Subd. 4, re-lettered (i): Displays the height measurement in feet instead of inches for consistency. 21. 12 T 21130.01 Subd. 4, new (k): Clarifies that garden fencing is exempt from the regulations, provided it: 1) does not exceed two feet in height; and 2) is located at least six feet from lot lines. 22. 12 T 21130.01 Subd. 5 (a): For fences not within a required front yard area, increases allowable fence height from 6 feet 6.5 feet to include ground clearance (at the bottom) and post/post caps (at the top) – provided the height of the actual fence panels do not exceed 6 feet. 23. 12 T 21130.01 Subd. 5 (b): For fences within a required front yard area, increases allowable fence height from 3 feet to 3.5 feet for solid/screen fencing, and increases allowable fence height from 4 feet to 4.5 feet for non-solid fencing (e.g., wrought iron, chain link, split rail) in the same manner as described in Item #22. 24. 12 T 21130.01 Subd. 5 (c): Amends verbiage for allowable height consistent with Item #22 as relates to HOA amenity lot fencing. 25. 12 T 21130.01 Subd. 5 (d): Amends verbiage for allowable height consistent with Item #22 as relates to required screening fences (e.g., for outdoor storage yards). 26. 12 T 21130.01 Subd. 5 (h) (4): Specifies that fences exceeding seven feet in height require a building permit, consistent with the building code. 36 3 Item Sec. # Type Chapter Description 27. 12 S/T 21130.01 Subd. 5 (i): Adds verbiage to allow screen fences up to ten feet in height for electrical substations in the P-I district; and specifies that fences exceeding seven feet in height require a building permit, consistent with the building code. 28. 12 T 21130.01 Subd. 6 (a): Amends verbiage for allowable height consistent with Item #22 as relates to fencing allowed by conditional use permit. Parking- 29. 13 T 21135.03 Deletes unnecessary Subd. 5, which cites an outdated reference to State law. 30. 14 T 21135.08 Subd. 5 (c): Clarifies that the allowable parking space on the side of a driveway or garage must be parallel with the driveway. 31. 15 T/S 21135.11 Subd. 2: Makes three of the listed uses plural for consistency; and increases the parking standard for “Nursing Homes/Memory Care Homes” to accommodate employee parking. Home Occupations- 32. 16 T 21145.04 Subd. 4: Addresses the style guide for numbers in Item (b); corrects the second listed Item (d) by re-lettering it as Item (e). Sign Regulations- 33. 17 T 21155.06 Subd. 2 (c) (1): Adds new Item g. to provide a reference to the general regulations/restrictions for freestanding signs in residential districts. 34. 18 T 21155.06 Subd. 3 (b): Adds new Item (5) to provide a reference to the general regulations/restrictions for freestanding signs in the office district. 35. 19 T 21155.06 Subd. 4 (c) (2): Adds new Item e. to provide a reference to the general regulations/restrictions for freestanding signs in commercial districts. 36. 20 S 21155.06 Subd. 4 (d) (1): Increases allowable menu-board signage from 40 square feet in area to 50 square feet in area, to accommodate newer technology such as a display panel showing what is being ordered. 37. 21 T 21155.05 Subd. 5 (c): Adds verbiage to provide a reference to the general regulations/restrictions for freestanding signs in city center districts. 38. 22 T 21155.06 Subd. 6 (c): Adds new Item (6) to provide a reference to the general regulations/restrictions for freestanding signs in industrial districts. 39. 23 T 21155.06 Subd. 7: Addresses style guide/naming convention. 40. 23 T 21155.06 Subd. 7 (b) (2): Adds new Item e. to provide a reference to the general regulations/restrictions for freestanding signs in the public/institutional district. Medical Cannabis- 41. 24 T 21194 Deletes unneeded “Section 3” which was part of the ordinance document, and was not intended to be codified. RSF-1, Single-Family 1 District- 42. 25 T 21355.07 Subd. 4: Adds verbiage to specify that daycares not located within a home that are in existence on the adoption date of the amendment, projected to be Oct. 13, 2020, continue to be allowed by conditional use permit (refer to Item #43 below). 37 4 Item Sec. # Type Chapter Description 43. 26 S 21355.07 Subd. 5: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RSF-2, Single-Family 2 District- 44. 27 S 21360.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RSF-3, Single-Family 3 District- 45. 28 S 21365.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RSF-4, Single & Two-Family District- 46. 29 S 21370.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RMF-1, Multi-Family 1 District- 47. 30 S 21375.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. 48. 31 T 21375.13 Adds verbiage to clarify how minimum lot area is applied to multi-family dwellings. RMF-2, Multi-Family 2 District- 49. 32 S 21380.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RMF-3, Multi-Family 3 District- 50. 33 S 21385.07 Subd. 3: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. RMF-4, Multi-Family 4 District- 51. 34 S 21390.07 Subd. 4: Deletes use called “nursery” from the listing of Educational facilities allowed by conditional use permit, to close a loophole that may otherwise inadvertently allow free-standing commercial daycare centers. C-3, Highway Commercial District- 52. 35 S 21465.03 New Subd. 5: Adds “Bicycle sales and repair” to the listing of permitted uses. Re-numbers subsequent subdivisions. I-1, Light Industrial District- 53. 36 T 21560.11 Deletes former Subd. 11 (Offices or clinics…) and replaces it as new Subd. 5 so it is in alphabetical order. Re-numbers intervening subdivisions. I-2, General Industrial District- 54. 37 T 21565.11 Deletes former Subd. 11 (Offices or clinics…) and replaces it as new Subd. 5 so it is in alphabetical order. Re-numbers intervening subdivisions. 38 5 Item Sec. # Type Chapter Description P-I, Public/Institutional District- 55. 38 T 21650 Adds a dash (-) between P and I in sevenlocations throughout the Section to provide consistency with the P-I district naming convention. 56. 38 S 21650.03 Subd. 2: Deletes use called “nursery” from the listing of Educational facilities. Daycare facilities (includes nursery schools) are listed separately as a permitted land use under Subd. 1 of the same sub-section. 57. 38 T 21650.03 Subd. 9: Adds verbiage for consistency with how the subdivision is worded in other zoning districts. 39 Exhibit A (1) CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2020- AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2020 022) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing the following definitions as follows: Lot Width: The horizontal straight-line distance between the side lot lines, as measured at right angles to the lot depth, at the minimum building setback line. If the front lot line is curved or includes a bend, the straight-line distance between side lot lines is measured at the minimum building setback line in a manner that is an equal distance along both side lot lines. If no setback line is established, the distance between the side lot lines measured along the public right-of-way. Recreation, Commercial: A business directed toward the general public, not requiring membership, that offers recreational entertainment such as bowling alleys, billiard halls, miniature golf, ballrooms, roller rinks, shooting ranges, and the like. Service Road: A road constructed along the main-traveled lanes of a trunk highway, county road, or major roadway with the purpose of eliminating unreasonable circuity of local travel, providing access to properties off of the major roadway, and accommodating needs of local traffic, pedestrians, and bicyclists. Service roads are generally parallel to and within a reasonable proximity to the primary road, and often lie within the right-of-way of the major roadway, or are platted for purposes of being a service road or frontage road. Structural Coverage: The term structural coverage, as referenced in this Chapter, shall include the principal building and any attachments thereto which contain a roof. Accessory buildings and structures which contain a roof and are in excess of one hundred twenty (120) 200 square feet in dimension shall also be included. Structure: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over 6 7 feet in height, and swimming pools, but excluding patios and similar at-grade improvements. For purposes of floodplain overlay districts, the definition of structure also includes on-site utilities and recreational vehicles. (Amended by Ord. No 2016-29, 10/25/16) 1. 2. 3. 4. 5. 40 Exhibit A (2) SECTION 2. Amendment. Section 21030.04, Subd. 2 (b) (15) of the Plymouth City Code (ADMINISTRATION – VARIANCES—PROCEDURES) is amended as follows: (15) The Zoning Administrator shall serve provide a written copy of the final order of the Board upon to the petitioner by mail. SECTION 3. Amendment. Section 21035.05, Subd. 4 of the Plymouth City Code (ADMINISTRATION – APPEALS—PROCEDURE) is amended as follows: Subd. 4. The Zoning Administrator shall serve provide a written copy of the final order of the Board upon to the petitioner by mail. SECTION 4. Amendment. Section 21040 of the Plymouth City Code (ENVIRONMENTAL REVIEW) is amended as follows: SECTION 21040 - ENVIRONMENTAL REVIEW 21040.01. PURPOSE: The purpose of this section is to determine whether certain projects have or may have the potential for significant environmental effects and should undergo special procedures of the Minnesota Environmental Review Program. 21040.02. GENERAL PROVISIONS: Subd. 1. No development project shall be approved prior to review by the Zoning Administrator to determine the necessity for completion of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by Minnesota Statute 116D.04 and 116D.04S and specified in Minnesota Rules Parts 4410.0200 to 4410.7800. Subd. 2. Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. Time delays in the normal permit process caused by the filing and review of the EAW or EIS shall not be considered part of the permit approval time requirements set forth within this Chapter. Such delays shall be considered as additional required time for each required permit. The permit process for the proposed project may be continued from the point it was interrupted by the EAW/EIS process. No decision on granting a permit or other approval required to commence the project may be issued until the EAW/EIS process is completed. 21040.03. ENVIRONMENTAL ASSESSMENT WORKSHEETS (EAWs): 6. 7. 8. 41 Exhibit A (3) Subd. 1. Purpose. The purpose of an EAW is to rapidly assess, in a worksheet format, whether or not a proposed action has the potential for significant environmental effects. Subd. 2. Mandatory EAWs. The preparation of an EAW shall be mandatory for those projects that meet or exceed the thresholds contained in the State Environmental Review Program regulations, Minnesota Rules 4410.4300, as may be amended. Subd. 3. Discretionary EAWs. A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The Zoning Administrator may suggest and/or the City Council may require the preparation of a discretionary EAW if it is determined that a development project may have some significant environmental impact or when there is a perception of such, provided that the project is not specifically exempted by Minnesota Rules 4410.4600, as may be amended. Subd. 4. Procedures. (a) Preparation and Distribution. (1) If the Zoning Administrator determines that an EAW shall be prepared, the proposer of the project shall submit an “Application for Environmental Review” along with the completed data portions of the EAW. An EAW shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of city time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the EAW process shall be returned to the project proposer after all claims and charges thereto have been deducted. (Amended by Ord. No. 2010-21, 11/23/10) (2) Pursuant to Minnesota Rules 4410.1400, the Zoning Administrator shall promptly review the submittal for completeness and accuracy. If the Zoning Administrator determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the missing data. If the Zoning Administrator determines that the submittal is complete, the proposer shall be notified of the acceptance of the submittal within five days. The Zoning Administrator shall have 30 days from notification to add supplementary material to the EAW, if necessary, and to approve the EAW for distribution. (Amended by Ord. No. 99-5, 01/19/99) (3) Within five (5) days of approving the EAW for distribution, the Zoning Administrator shall distribute copies of the EAW to the EQB for publication of the notice of availability of the EAW in the EQB Monitor. Copies shall be distributed at the same time to the official EAW distribution list maintained by the EQB staff. Within five (5) days of submission of the EAW to the EQB, the Zoning 42 Exhibit A (4) Administrator shall provide a press release to the City’s official newspaper, containing notice of availability of the EAW for public review. (b) Neighboring Property Owner Notification. (1) Upon completion of the EAW for distribution, the Zoning Administrator shall provide mailed notice of the availability of the EAW and date of the meeting at which the Planning Commission will consider the matter to all property owners within at least seven hundred and fifty (750) feet of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at minimum ten (10) days before the date of the Planning Commission meeting during which the EAW will be considered. (Amended by Ord. No. 2001-06, 02/13/01) (2) Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (c) Review by Planning Commission. During the thirty (30) day comment period that follows publication of the notice of availability of the EAW in the EQB Monitor, the Planning Commission shall review the EAW. The Commission shall make recommendations to the City Council regarding potential environmental impacts that may warrant further investigation before the project is commenced and the need for an EIS on the proposed project. (d) Decision by City Council. The City Council shall make its decision on the need for an EIS for the proposed project at its first meeting more than ten (10) days but not more than thirty (30) days after the close of the comment period. The Council shall base its decision on the need for an EIS and the proposed scope of an EIS on the information gathered during the EAW process and on the comments received on the EAW. Pursuant to Minnesota Rules 4410,1700, in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: (1) Type, extent and reversibility of environmental effects. (2) Cumulative potential effects of related or anticipated future projects. (3) The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. (4) The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects. (e) Within five (5) days of Council’s decision on the need for an EIS, notice shall be provided to all persons on the EAW distribution list, to all persons who commented in writing during the thirty (30) days comment period, to the EQB staff for publication of the decision in the EQB Monitor and to any person upon written request. 43 Exhibit A (5) Subd. 5. Mitigation Measures. Any measures for mitigating that are considered by the City Council in making their EIS need decision may be incorporated as conditions for approval of conditional use permits, variances, planned unit development, and/or site plan requests as required by this Chapter. 21040.04. ENVIRONMENTAL IMPACT STATEMENTS (EISs): Subd. 1. Purpose. The purpose of an EIS is to provide information for governmental units, the proposer of the project and other persons to evaluate proposed projects which have the potential for significant environmental effects, to consider alternatives to the proposed projects and to explore methods for reducing adverse environmental effects. Subd. 2. Mandatory EISs. An EIS shall be prepared for any project that meets or exceeds the thresholds of any of the EIS categories listed in Minnesota Rules 4410.4400, as may be amended. Subd. 3. Discretionary EISs. An EIS shall be prepared when the City Council determines that, based on the EAW and any comments or additional information received during the EAW comment period, the proposed project has the potential for significant environmental effects, or when the City Council and the proposer of the project agree that an EIS should be prepared. Subd. 4. Procedures. (a) All projects requiring an EIS must have an EAW on file with the City, which will be used to determine the scope of the EIS. All EISs shall be prepared according to the procedures and requirements of the State Environmental Review Program, Rules 4410.2100-4410.3000, as may be amended. An EIS shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of city time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the EIS process shall be returned to the project proposer after all claims and charges thereto have been deducted. (Amended by Ord. No. 2010-21, 11/23/10) (b) Any proposal, project or use on which an EIS is required shall be considered a conditional use as defined in the current Zoning Ordinance and shall comply with the procedure for approval of a conditional use permit. Mitigating measures identified in the EIS shall be incorporated as conditions of issuance of the conditional use permit. 21040.01. GENERAL PROVISIONS: Subd. 1. When an environmental assessment worksheet (EAW), alternative urban areawide review (AUAR), or environmental impact statement (EIS) is required or otherwise 44 Exhibit A (6) ordered or submitted, the applicable review procedures shall be as set forth in the Minnesota Environmental Quality Board regulations for the Environmental Review Program, as authorized by Minnesota Statutes and specified in Minnesota Rules 4410. Subd. 2. An EAW, AUAR, or EIS application, together with the completed data portions of the environmental document, shall be accompanied by a fee and cash escrow as set forth in the City Code. Costs of city time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the project proposer after all claims and charges thereto have been deducted. Subd. 3. Upon completion of the environmental document for distribution, the Zoning Administrator shall provide mailed notice of the availability of the environmental document, and date of the meeting at which the Planning Commission will consider the matter, to all property owners within 750 feet of the boundaries of the property that is the subject of the environmental document. Said notice shall be mailed at least ten days before the Planning Commission meeting. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth in this Chapter. The Planning Commission shall provide its recommendations to the City Council. SECTION 5. Amendment. Section 21045.04, Subd. 2 (a) of the Plymouth City Code (SITE PLAN REVIEW—MINOR PROJECTS) is amended as follows: (a) Requests for site plan approval, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant’s signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner’s signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Applications shall be accompanied by a fee as set forth in the City Code. Such applications that include: 1) a new building; or 2) a building addition that expands the gross floor area of an existing building by more than 50 percent or 25,000 square feet, whichever is greater; or 3) other changes that require a site plan amendment (e.g., parking lot expansion, additional lighting), shall be accompanied by a fee and cash escrow as set forth in the City Code for a major site plan amendment. Costs of city time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10 percent of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the site plan review process shall be returned to the applicant after all claims and charges thereto have been deducted. Such The application shall also be accompanied by: 1) a fee as set forth in the City Code; and 2) detailed written and graphic materials, the number, size, and format as prescribed by the Zoning Administrator, 9. 45 Exhibit A (7) fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. SECTION 6. Amendment. Section 21045.08, Subd. 2 of the Plymouth City Code (SITE PLAN REVIEW—PLAN MODIFICATIONS) is amended as follows: Subd. 2. Procedures. Pursuant to Minnesota Statutes 15.99, an application for plan modification shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. A Requests request for a plan modification, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant’s signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner’s signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by a fee as set forth in the City Code. Pursuant to Minnesota Statutes 15.99, the application shall be approved or denied within 60 days from the date of its official and complete submission, unless extended pursuant to Statute or a time waiver is granted by the applicant. The Zoning Administrator shall provide the applicant with a written decision on the request. The decision may include conditions of approval. (Amended by Ord. No. 2004-02, 0/13/04) (Amended by Ord. No. 2010-21, 11/23/10) SECTION 7. Amendment. Section 21105.03, Subd. 8 of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—PLATTED AND UNPLATTED PROPERTY) is amended as follows: Subd. 8. Outlots are deemed unbuildable and no building permit shall be issued for such properties, except that permits for fences and retaining walls may be issued on outlots, and except that city and regional public park structures may be placed on outlots pursuant to any applicable building permits. SECTION 8. Amendment. Section 21105.05 of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—TRAFFIC SIGHT VISIBILITY) is amended as follows: 21105.05. TRAFFIC SIGHT VISIBILITY: Subd. 1. Residential Uses. Except as may be approved by the Zoning Administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway center lines intersect within a triangular area described as beginning at the intersection of the projected 10. 11. 12. 46 Exhibit A (8) curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than three feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard. Subd. 2. All Uses Excluding Residential Uses. Except as may be approved by the Zoning Administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway center lines intersect within a triangular area described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than three feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard. SECTION 9. Amendment. Section 21105.06, Subd. 4 (b) (3) of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—EXTERIOR LIGHTING) is amended as follows: (3) Lights mounted to buildings or structures. Lighting mounted onto buildings or other structures shall not exceed a mounting height greater than four feet higher than the tallest part of the height of the building or structure at the place where the lighting is installed attached, nor higher than 40 percent of the horizontal distance of the light from the property line, whichever is less. SECTION 10. Amendment. Section 21115.09 of the Plymouth City Code (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—SINGLE FAMILY DWELLINGS) is amended as follows: 21115.09. SINGLE FAMILY DWELLINGS: All single family detached homes shall comply with the following: Subd. 1. Foundation. Dwellings shall be constructed upon a continuous perimeter foundation, except that the following appurtenant structures may be placed upon pier footings: (a) Open decks. (b) Covered porches, provided that the floor height is three feet or less above ground level. 13. 14. 47 Exhibit A (9) (c) Covered porches with a floor height exceeding three feet above ground level, provided that such porch does not exceed 300 square feet in gross floor area. (d) Room additions to living area, provided that the floor height is three feet or less above ground level. (e) Room additions to living area with a floor height exceeding three feet above ground level, provided that the total area of such living space does not exceed 300 square feet in gross floor area. (f) Additionally, the perimeter foundation need not be continuous in the area of an elevated breezeway or similar architectural feature that connects the home to a garage or similar structure. Subd. 21. Minimum Size. Dwellings shall not be less than 30 feet in length and not less than 22 feet in width over that entire minimum length. Width measurements shall not take account of overhang and other projections beyond the principal walls. Dwelling shall also meet the minimum floor area requirements as set out in this Chapter. Subd. 32. Roof Material. Dwellings shall have an earth covered, composition, wood shingled (include shakes), concrete, clay or ceramic-tiled roof. In addition, metal tile and standing seam metal roof coverings may be allowed by approval of the Zoning Administrator, provided they meet the standards adopted by the Minnesota State Residential Code. (Amended by Ord. No. 99-25, 10/05/99) (Amended by Ord. No. 2009-07, 05/12/09) Subd. 43. Building Permit. Prior to commencement of construction, dwellings shall receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. Subd. 54. Design. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to cause a significant depreciation in the property values of the neighborhood or adversely affect the public health, safety or general welfare. Subd. 65. Code Compliance. Dwellings shall meet the requirements of the Minnesota State Building Code or the applicable manufactured housing code. 48 Exhibit A (10) SECTION 11. Amendment. Section 21120.02, Subd. 7 of the Plymouth City Code (ACCESSORY BUILDINGS, STRUCTURES, AND USES—GENERAL REQUIREMENTS) is amended as follows: Subd. 7. Design and Building Materials. (a) Design. Except in the FRD Zoning District, all accessory buildings in excess of 200 square feet shall be designed to be architecturally consistent with the principal building, and shall incorporate similar or complementary design elements and colors, and the same or similar roof pitch, except that solariums and greenhouses (attached or detached) shall be exempt from this provision. (b) Building Materials. (1) Except in the FRD Zoning District and except as may be allowed by paragraph (34) below, all accessory buildings in excess of 200 square feet shall incorporate similar or complementary building materials to those used on the principal building, except that solariums and greenhouses (attached or detached) shall be exempt from this provision. (2) Accessory buildings and structures constructed primarily of canvas, plastic fabric, or other similar non-permanent building materials shall be prohibited, except that structures used exclusively as greenhouses shall be exempt from this provision. (3)_ Quonset-hut type accessory buildings and structures shall be prohibited in the RSF and RMF districts. (34) Non-residential uses allowed in the residential districts may be allowed to have an all metal or fiberglass accessory building in excess of 200 square feet by conditional use permit, provided the building is located in the rear yard and is screened and landscaped from adjacent residentially zoned or used property and public rights-of-way in accordance with Section 21130 of this Chapter. SECTION 12. Amendment. Section 21130.01 of the Plymouth City Code (FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS) is amended as follows: 21130.01. FENCE/WALL REGULATIONS: Subd. 1. Permit Required. Except as otherwise provided herein, no person shall erect, alter or relocate any fence or wall within the City without first having been issued a permit therefor. Subd. 2. Permit Fee. There is no charge for permits for fences that are six seven feet in height or lower, or for walls that are four feet in height or lower. A building permit application 15. 16. 17. 49 Exhibit A (11) and related building permit fee, in accordance with the fee schedule outlined in Section 1015 of the City Code, shall be required for fences that exceed six seven feet in height and for walls that exceed four feet in height. (Amended by Ord. No. 2009-07, 05/12/09) Subd. 3. Application Procedures. (a) Agricultural, single family, and two family uses. Each application for a permit under this section shall be submitted to the Building Official on forms provided by the City. Each application shall include a site plan drawn to scale showing the location of the house(s), garage(s), and other improvements on the lot and the location of the fencing or wall to be erected, altered or relocated. (b) Uses other than agricultural, single family, or two family. Request for fencing or walls shall be processed as part of and according to the procedures of the site plan review, as stipulated in Section 21045 of this Chapter. (Amended by Ord. No. 2002-02, 01/22/02) Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions: (a) No fences or walls shall be placed on or extend into public rights-of-way. (b) All fences (hedges and plantings excluded) and walls shall require a fence/wall permit under this Section, unless a separate building permit is required for the fence or wall, or unless the fence or wall does not require a building permit and is authorized on an approved site plan. Fence/wall permits may be issued by the Building Official or designee, if all requirements of this Chapter have been met. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2011-22, 07/26/11) (c) Fence Materials and Design. (1) Fences shall not be constructed from chicken wire, welded wire, plastic deer fence netting or similar product, snow fence, branches, or materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such, prior approval is granted by the Zoning Administrator. (2) That side of any fence or wall considered to be its “face” (i.e., the finished side having no structural supports) shall face abutting property or street right-of- way. (3) Support posts and post caps may extend up to six inches above the maximum allowable fence height. (4)(3) Chain link fences shall include a top rail and the barbed ends shall be toward the ground. 18. 50 Exhibit A (12) (5)(4) Except for agricultural uses in the FRD district, fences shall not be supported using metal T- or U-posts or similar agricultural product. (Amended by Ord. No. 2019-01, 02/12/19) (d) Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. (e) No physical damage of any kind shall occur to abutting property during installation unless it is allowed under agreement with the adjacent property owner. (f) A certificate of survey may be required by the Building Official for all fences (except hedges and plantings) or walls to be constructed on or within six feet from the property line, unless corner property stakes are in place and marked and a survey is filed with the City. (g) Additionally, rRetaining walls shall not be placed within any drainage or ponding easement unless also reviewed and approved by the City Engineer. (h) Fencing shall not be placed within any utility easement that includes major utility service such as publicly-maintained water main or sewer pipes unless also reviewed and approved by the City Engineer. (g)(i) A fence with a minimum height of 42 inches 3.5 feet shall be required on the top of any retaining wall that exceeds four feet in height, and on the top of any tiered retaining wall that requires a building permit. The Zoning Administrator may grant exceptions to this provision if the retaining wall does not pose a public safety concern. (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2010-01, 02/23/10) (j) No fences or walls shall be placed within a wetland or required wetland buffer, cross over a required rain garden, or extend below the ordinary high water level of a lake, stream, or water quality/detention pond. (k) Fencing that is 2 feet high or lower and that directly surrounds a garden shall be exempt from the provisions of this section, provided it is set back a minimum of 6 feet from lot lines. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2019-01, 02/12/19) Subd. 5. Specific Fence Standards. Except as otherwise provided herein, fences may be allowed subject to the following specific standards: 19. 20. 21. 51 Exhibit A (13) (a) Fences constructed of materials with an opacity of up to 100 percent and not exceeding six 6.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that the actual fence panels/boards do not exceed 6 feet, may be located at or behind the minimum front setback lines, as required for the principal structure on the lot. The exception is, on corner lots where the rear wall of the principal building (wall opposite the wall where the property is addressed) faces the rear wall of an abutting principal building, such fences may be located within the required front yard area that lies between the side wall of the principal building and the abutting side street, from the rear wall of the principal building to the rear lot line. Said fence may also be located within a required front yard area that qualifies as an equivalent rear or side yard as defined by this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2019-01, 02/12/19) 22. 52 Exhibit A (14) (b) Except as provided in (a) above, fences constructed of materials with an opacity of 50 percent or more and not exceeding 36 inches 3.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that the actual fence panels/boards do not exceed 3 feet, may be located within a required front yard area. Fences constructed of materials with an opacity of under 50 percent (e.g., wrought iron, chain link, split rail) and not exceeding 48 inches 4.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that the actual fence panels/boards do not exceed 4 feet, may be located within a required front yard area. (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No 2019-01, 02/12/19) (c) Fences not exceeding six 6.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that the actual fence panels/boards do not exceed 6 feet, may be permitted in front yard areas of homeowner-association owned and maintained amenity lots in order to enclose and secure a swimming pool area, provided that: (1) Such fencing shall be set back a minimum of three feet from front lot lines. (2) Such front yard fencing shall be constructed of decorative materials with an opacity of under 50 percent (e.g., wrought iron). (d) Fences not exceeding six 6.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that the actual fence panels/boards do not exceed 6 feet, for uses other than one and two family dwellings, may be permitted in front of the front building line as established by the primary structure on the lot, when required for screening of adjacent property. In such cases, the required front setback for the fence shall be the same as for the use which it is intended to buffer. (e) On corner lots or lots adjacent to railroad rights-of-way, no fence shall be located in a sight visibility triangle unless it is in compliance with the sight clearance requirements for such lots as set forth in Section 21105.05 of this Chapter. (f) There are no height restrictions on natural hedges or plantings utilized as fences in any residential zoning district, except that no such hedges or plantings shall be located within a sight visibility triangle as set forth in Section 21105.05 of this Chapter. (g) Should the rear lot line of a lot in a residential district be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall be fenced in accordance with the provisions of Section 21130.01, Subd. 5.b. (h) Fences not exceeding 10 feet in height may be permitted without a conditional use permit in order to enclose tennis or other recreational courts, provided that: (1) All other requirements of this Chapter are met. 23. 24. 25. 53 Exhibit A (15) (2) Such fences shall be constructed of materials with an opacity of under 50 percent (e.g., wrought iron, chain link). (3) Such fences may be located within: i) a rear or side yard provided they are set back at least six feet from any lot line; or ii) a front yard which qualifies as an equivalent rear or side yard (as defined by this Chapter) provided they are set back from such front lot line a distance equal to, or greater than, the minimum front setback specified for the principal building on the lot, and are set back at least six feet from other lot lines. (4) Such fences over six seven feet in height shall require a building permit. (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. 2010-01, 02/23/10) (i) Fences not exceeding 10 feet in height may be permitted without a conditional use permit in order to: 1) provide required screening of outside storage yards or loading areas in the industrial districts; or 2) provide screening of electrical substation enclosures in the P-I district, provided that: (1) All other requirements of this Chapter are met. (2) Such fences over six seven feet in height shall require a building permit. (j) Fences which include a security gate at a point where access is provided to the property and principal building may be approved if necessary and appropriate as part of the site plan review. (k) Temporary fencing not exceeding six feet in height may be installed to secure the perimeter of a construction site, upon issuance of an administrative permit pursuant to Section 21025 of this Chapter, provided any such fencing is removed upon completion of the construction project. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No 2014-12, 02/25/14) Subd. 6. Fences Allowed by Conditional Use Permit and Interim Use Permit. In accordance with requirements set forth in Section 21015 or 21020 of this Chapter as applicable, the following special fencing arrangements may be approved as a conditional use permit or interim use permit by the City: (a) Fences allowed by conditional use permit are as follows: (1) Fences exceeding six 6.5 feet in height (includes ground clearance at the bottom and support posts/post caps at the top), provided that: a. The fence is in a location where fences up to six 6.5 feet are permitted. 26. 27. 28. 54 Exhibit A (16) b. The fence not exceed eight feet in height. c. The fence shall not be located within the minimum building setback, as required for principal structures, from the ordinary high water level of lakes and streams. (Amended by Ord. No. 2010, 02/23/10) (b) Fences allowed by interim use permit are as follows: (1) Barbed wire and electrically charged fences. Agricultural uses located in the FRD District and essential service structures in all Districts shall, however, be exempt from the interim use permit requirements. (2) Razor wire fences. (c) Standards for evaluating fences allowed by conditional use permits or interim use permits shall include, but not be limited to, the following: (1) The fence placement, height or design does not create a safety hazard with regard to, from or on a public street or roadway. (2) The fence placement, height or design does not create a safety problem or negatively affect adjoining properties or use. Subd. 7. Non-Conforming Fences. It is the intent of this Chapter to allow the continuation of such non-conforming fences until they are discontinued as provided herein. However, it is not the intent of this Chapter to encourage the survival of non-conforming fences and such fences that are declared to be incompatible with permitted fences within the City. Such fences shall be regulated by the following provisions: (a) An existing fence not allowed by this Chapter in the district within which it is located, except when required by law or ordinance, shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this Chapter. Maintenance of a non-conforming fence will be allowed when this includes necessary repair and incidental alterations which do not expand or intensify the non-conforming fence. SECTION 13. Amendment. Section 21135.03 of the Plymouth City Code (OFF-STREET PARKING AND LOADING—GENERAL PROVISIONS) is amended by deleting Subd. 5 as follows: Subd. 5. Handicap Parking. Handicapped parking spaces shall be provided as applicable pursuant to Minnesota Statutes 168.021, as may be amended. 29. 55 Exhibit A (17) SECTION 14. Amendment. Section 21135.08, Subd. 5 of the Plymouth City Code (OFF- STREET PARKING AND LOADING—LOCATION) is amended as follows: Subd. 5. In the case of single family, two family, townhouse, and manor home dwellings, parking shall be prohibited: (a) Within three feet of any side or rear lot line. (b) Within any established drainage or utility easement, unless approved by the City Engineer. (Amended by Ord. No. 2000-06, 02/29/00) (c) In any portion of a front yard except designated driveways leading directly into a garage or one parking space located on along the side of, and parallel to, a the driveway or attached garage, away from the principal use. This provision does not prohibit installation and use of an on-site maneuvering area (non-parking area) for driveways that gain their access from an arterial or collector roadway, in order to allow vehicles to turn around prior to entering the street system. (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2010, 02/23/10) SECTION 15. Amendment. Section 21135.11 of the Plymouth City Code (OFF-STREET PARKING AND LOADING—NUMBER OF OFF-STREET PARKING SPACES REQUIRED) is amended as follows: 21135.11. NUMBER OF OFF-STREET PARKING SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. 30. 31. 56 Exhibit A (18) USE NUMBER OF PARKING SPACES REQUIRED Subd. 1. Residential: Single Family Dwellings Two spaces. Two Family Dwellings Two spaces per dwelling unit. Townhouses, Manor Homes Two and one-half fee free spaces per dwelling unit, of which two must be enclosed, plus one guest parking space for every four units. Apartment Dwellings Two fee free spaces per dwelling unit, of which one must be enclosed. Housing for Elderly One and one-half spaces per dwelling unit. Subd. 2. Institutional/Educational/Cultural: Auditoriums, Theaters, Religious Institutions, Sports Arenas One space for each three permanent seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Chapter. Community Centers, Libraries, Museums One space for each 300 square feet of floor area. Nursing Homes/Memory Care Homes One space for each three beds, plus one space for each employee on the major shift. Private or Private Non-Profit Baseball Fields One space for each eight seats of design capacity. Schools, Elementary and Junior High (Public or Private) Three spaces for each classroom. This requirement may be reduced at the Zoning Administrator’s discretion to reflect facility use and/or parking policy. Adequate space shall be allowed for the dropping off and/or picking up of students as determined by the Zoning Administrator. Schools, Senior High School (Public or Private) One space for each two students based on the design capacity. This requirement may be reduced at the Zoning Administrator’s discretion to reflect facility use and/or parking policy. Adequate space shall be allowed for the dropping off and/or picking up of students as determined by the Zoning Administrator. Subd. 3. Non-Residential: Animal Hospitals or Kennels Five spaces plus one space for each 500 square feet of floor area over 1,000 square feet. Automobile Washes: Shall be determined by the type of automobile wash as listed below: Automatic Drive Through Service Five spaces or one per employee on maximum shift, whichever is greater. Self-Service Car Wash One space per bay. Motor Fuel Station Automobile Washes One space in addition to that required for the station. Beauty Shops Two spaces for each beauty chair/station. 57 Exhibit A (19) Bowling Alleys Five spaces for each lane or alley, plus additional spaces as may be required herein for related uses contained within the principal structure. Day Care Facilities One space for each employee, plus one space for each six individuals of licensed capacity. Drive-In or Drive-Through Restaurants One space for each two and one-half seats plus one space for each 15 square feet of public service and counter area. Furniture Sales One space for each 400 square feet of floor area for the first 25,000 square feet, plus one space for each 600 square feet thereafter. Laboratories One space for each 350 square feet of floor area. Manufacturing One space for each employee on the major shift or one space for each 350 square feet, whichever is less, plus one space for each company motor vehicle on the premises. Medical, Chiropractic, or Dental Offices or Clinics One space for every 200 feet of floor area. Motels, Hotels, Lodging or Boarding Houses One space per sleeping unit, plus one space per day shift employee plus one space for each 40 square feet devoted to meeting or banquet rooms. Motor Fuel Stations Four spaces plus two spaces for each service stall. Those facilities designed for sale of other items than strictly automobile products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Chapter. Office Buildings (Administrative/ Commercial) and Banks One space for each 250 square feet of floor area for the first 100,000 square feet, plus one space for each 350 square feet of floor area thereafter. Restaurants, Private Clubs, Food Dispensing Establishments (Except Drive-In or Drive-Through Restaurants) One space for each 40 square feet of floor area of dining and bar area and one space for each 80 square feet of kitchen area. Retail Commercial Uses, Except as Prescribed Herein One space for each 200 square feet of floor area for the first 100,000 square feet, plus one space for each 350 square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than 10 percent, unless authorized under Section 21135.12. Retail Sales and Service Business with 50 Percent or More of Gross Floor Area Devoted to Storage, Warehouses, and/or Industry Eight spaces or one space for each 200 square feet devoted to public sales or service plus one space for each 500 square feet of storage area, whichever is greater. 58 Exhibit A (20) Shopping Centers One space for each 200 square feet of leasable floor area for the first 100,000 square feet, plus one space for each 350 square feet of leasable floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than 10 percent, unless authorized under Section 21135.12. Sports and Fitness Clubs One space for each 300 square feet of floor area. Warehousing One space for each two employees of the largest shift or one space for each 2,000 square feet of floor area, whichever is greater. Wholesale Showrooms One space for each 500 square feet of floor area. Subd. 4. Non-Specified Uses: For uses not specifically listed above, off-street parking requirements shall be computed by the Zoning Administrator on the same basis as required for the most similar listed uses. In such cases, the Zoning Administrator shall also consult off-street parking reference materials including, but not limited to, manuals prepared by the American Planning Association, and Institute of Transportation Engineers. SECTION 16. Amendment. Section 21145.04, Subd. 4 of the Plymouth City Code (HOME OCCUPATIONS—REQUIREMENTS) is amended as follows: Subd. 4. Prohibited Home Occupation Activities. (a) Auto repair, whether for consideration or not, of vehicles which are not registered to a resident of the dwelling, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident on the property. (b) Businesses, educational programs or similar gatherings which meet on a regular basis and have more than five (5) non-residents in attendance at a time. (c) Gun or ammunition sales/repair. (d) Music instruction or recording studios, unless conducted within a single-family detached dwelling. (de) Pet care facilities, except for pet grooming. 32. 32. 59 Exhibit A (21) SECTION 17. Amendment. Section 21155.06, Subd. 2 (c) (1) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (1) One freestanding sign not to exceed 32 square feet in surface area. The sign shall be located at least 10 feet from lot lines, and shall not exceed 6 feet in height. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: a. The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non-changeable copy portion of the sign. b. The color of text for an electronic changeable copy sign shall be white or amber with a contrasting dark background. c. The sign shall be set back at least 50 feet from side and rear lot lines, except that in no case shall such signage be set back less than 100 feet from any directly abutting residentially guided or used property. d. When a changeable copy sign or an electronic changeable copy sign is located on a property that abuts more than one roadway, such sign shall be placed along the highest classification roadway. e. Only one changeable copy sign or electronic changeable copy sign shall be permitted per lot. For developments with two or more structures and/or lots, only one changeable copy sign or electronic changeable copy sign shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) f. The portion of the sign dedicated to changeable copy or electronic changeable copy shall not be illuminated between 10:30 PM and 6:00 AM. g. Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. SECTION 18. Amendment. Section 21155.06, Subd. 3 (b) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (b) Freestanding Signs. One freestanding sign not to exceed 64 square feet in surface area or 16 feet in height. The sign shall be set back at least 10 feet from lot lines. The sign 33. 60 Exhibit A (22) may include a changeable copy sign or an electronic changeable copy sign subject to the following: (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non- changeable copy portion of the sign. (2) The color of text for an electronic changeable copy sign shall be white or amber with a contrasting dark background. (3) A changeable copy sign or an electronic changeable copy sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. (4) Only one changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12/09) (5) Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. SECTION 19. Amendment. Section 21155.06, Subd. 4 (c) (2) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (2) The freestanding sign may contain a time and temperature sign, a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, subject to the following restrictions: a. The portion of the sign containing changeable copy (electronic or not) or electronic graphic display shall be an integral part of the sign or shall be directly connected to the non-changeable copy portion of the sign. b. The electronic portion of the sign shall not exceed 64 square feet. c. A changeable copy sign, electronic changeable copy sign, or electronic graphic display sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. d. Only one changeable copy sign, electronic changeable copy sign, or electronic graphic display sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12/09) e. Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. 34. 35. 61 Exhibit A (23) SECTION 20. Amendment. Section 21155.06, Subd. 4 (d) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (d) In addition to the freestanding sign above, coffee shops and restaurant uses with a drive-through facility may have up to two additional signs, subject to the following conditions: (1) The combined surface area of the two signs shall not exceed 40 50 square feet. (2) Neither sign shall exceed eight feet in height from grade to the top of the sign. (3) The sign(s) shall be single-sided, located adjacent to the drive-through aisle, and oriented so that the signs provide information to the patrons using the drive-through facility only. (4) If two signs are used, they shall be similarly designed with the same style, materials and color. (5) Extenders shall not be attached to any sign if the maximum size allowed in (1) or (2) above would be exceeded. SECTION 21. Amendment. Section 21155.06, Subd. 5 (c) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (c) Freestanding Signs: (1) CC-R & E and CC-OT & R: One monument sign shall be permitted per lot provided the height shall not exceed 10 feet, and the surface area of the sign shall not exceed 32 square feet. Such signage shall be set back at least 10 feet from all lot lines. The monument sign may include a changeable copy sign or an electronic changeable copy sign, provided the color of text on an electronic changeable copy sign shall be white or amber with a contrasting dark background. A changeable copy sign or an electronic changeable copy sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. In addition, compliance shall be met 36. 37. 62 Exhibit A (24) with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. (2) CC-P: One monument sign shall be permitted per lot provided the height shall not exceed 10 feet, and the surface area of the sign shall not exceed 64 square feet. Such signage shall be set back at least 10 feet from all lot lines. The monument sign may include a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, provided it is set back at least 15 feet from all lot lines and the color of text on an electronic changeable copy signs shall be white or amber with a contrasting dark background. In addition, compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. (3) For properties directly abutting Highway 55, one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (1) above, provided the surface area of the sign shall not exceed 100 square feet. Any such freestanding sign shall be located between Highway 55 and the building, and shall be setback at least 10 feet from all lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign, subject to the following restrictions: a. The color of text on an electronic changeable copy sign shall be white or amber with a contrasting dark background. b. The electronic portion of the sign shall not exceed 64 square feet. c. Only one changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12/09) d. Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. 37. 37. 63 Exhibit A (25) SECTION 22. Amendment. Section 21155.06, Subd. 6 (c) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (c) Freestanding Signs. One freestanding sign shall be permitted per lot provided it shall not exceed 100 square feet in surface area or 36 feet in height. Such signage shall be set back at least 10 feet from all lot lines. The surface area of the sign may be increased to a maximum of 160 square feet for industrial developments of over 20 acres. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non- changeable copy portion of the sign. (2) The color of text on an electronic changeable copy sign shall be white or amber with a contrasting dark background. (3) The electronic portion of the sign shall not exceed 64 square feet. (4) A changeable copy sign or an electronic changeable copy sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. (5) Only one changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12/09) (6) Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. SECTION 23. Amendment. Section 21155.06, Subd. 7 of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: Subd. 7. Public/ Institutional Districts. Signs are accessory to permitted, conditional and interim uses in the P-I District. Only the following signs are allowed in these districts, unless otherwise specifically provided in this Section. (a) All signs permitted in Section 21155.06, Subd. 1. (b) One monument sign per street frontage, provided that: 38. 39. 64 Exhibit A (26) (1) The sign shall not exceed 64 square feet in surface area or 10 feet in height. The sign shall be set back at least 10 feet from lot lines. (Amended by Ord. No. 99-5, 01/19/99) (2) The sign may include a changeable copy sign, an electronic changeable copy sign or an electronic graphic display sign, provided that: a. The sign shall be set back at least 50 feet from side and rear lot lines, except that in no case shall such signage be set back less than 100 feet from any directly abutting residentially guided or used property. (Amended by Ord. No. 2009-07, 05/12/09) b. The portion of the sign dedicated to changeable copy (electronic or not) or electronic graphic display shall not be illuminated between 10:30 PM and 6:00 AM. c. When a changeable copy sign (electronic or not) or electronic graphic display sign is located on a property that abuts more than one roadway, such sign shall be placed along the highest classification roadway. d. Only one changeable copy sign, electronic changeable copy sign, or electronic graphic display shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12/09) e. Compliance shall be met with the general regulations and restrictions specified for such signs, as outlined in Section 21155.05 of this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2012-05, 02/28/12) (Amended by Ord. No. 2013-11, 04/23/13) (c) Wall signage shall be permitted on up to two walls, provided such signage does not exceed 50 square feet in surface area or five percent of the area of the wall to which the sign is attached, whichever is greater. Window signage (includes graphics) shall be permitted on the same building wall that has, or is allowed to have, wall signage. Window signage shall be deducted from the allowable wall signage area; however, in no case shall window signage cover more than 50 percent of the area of the windows on said building wall. (Amended by Ord. No. 2010-01, 02/23/10) (Amended by Ord. No. 2012-05, 02/28/12) (Amended by Ord. No. 2019-01, 02/12/19) 40. 65 Exhibit A (27) (d) Temporary signs. For single-tenant buildings and multi-tenant buildings with two to four lease-spaces, one temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed 32 square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four times per calendar year, and for a period of not more than 14 days per time. For multi-tenant buildings with five or more lease-spaces, each tenant shall be permitted one such sign per calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager – provided that such temporary signage shall not exceed the total number allowed for the building within the calendar year. Any such temporary signage shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign, an electronic copy sign, or an electronic graphic display sign. (Amended by Ord. No. 2009- 07, 05/12/09) (Amended by Ord. No. SECTION 24. Amendment. Section 21194 of the Plymouth City Code (MEDICAL CANNABIS) is amended by deleting SECTION 3 as follows: SECTION 3. Effective Date. This amendment shall take effect immediately upon its passage. SECTION 25. Amendment. Section 21355.07, Subd. 4 of the Plymouth City Code (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—CONDITIONAL USES) is amended as follows: Subd. 4. Day care facilities not within a residential dwelling, as an accessory use provided that the use complies with Section 21150 of this Chapter, as well as day care facilities not within a residential dwelling that existed as a principal use on or before October 13, 2020 provided that the use complies with Section 21150 of this Chapter. 41. 42. 66 Exhibit A (28) SECTION 26. Amendment. Section 21355.07, Subd. 5 of the Plymouth City Code (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—CONDITIONAL USES) is amended as follows: Subd. 5. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 27. Amendment. Section 21360.07, Subd. 3 of the Plymouth City Code (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT 2—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 28. Amendment. Section 21365.07, Subd. 3 of the Plymouth City Code (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT 3—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 29. Amendment. Section 21370.07, Subd. 3 of the Plymouth City Code (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 30. Amendment. Section 21375.07, Subd. 3 of the Plymouth City Code (RMF-1, MULTIPLE FAMILY DWELLING DISTRICT 1—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 31. Amendment. Section 21375.13 of the Plymouth City Code (RMF-1, MULTIPLE FAMILY DWELLING DISTRICT 1—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) is amended as follows: 43. 44. 45. 46. 47. 67 Exhibit A (29) 21375.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The following requirements shall be observed in the RMF-1 District subject to additional requirements, exceptions and modifications set forth in this Chapter: District Area Minimum Lot Area Minimum (a) Minimum Lot Width (feet) Minimum Lot Area Per Unit Maximum Structural Coverage (a) Minimum Setbacks (feet)(a) (d) Maximum Building Height 1 acre SF (b) 6,000 sq. ft. SF (b) 55 SF (b) – 6,000 sq. ft. Residential uses – base lot 40% Front (c) – Res. uses - arterial street 50 Princ. Bldg. 35 feet Dwel lings >SF - base lot 10,000 sq. ft. TF (b) - base lot 90 Dwellings >SF – 5,000 sq. ft. Other uses 50% Front (c) – Res. uses - non-arterial street 25 Acc. Bldg. 200 sq. ft. or less 10 feet Other uses 1 acre Dwel- lings >TF- base lot 100 Front (c) – Other uses 50 Acc. Bldg. over 200 sq. ft. 15 feet Other uses 200 Principal structure to railroad right- of-way 50 Side – living area of SF/TF (e) 8 Side – attached garage area of SF/TF 6 Side – between SF/TF structures (f) 16 Side – Dwellings >TF and Other uses 25 Side – between res. structures >TF (f) 25 Side – Detached accessory 6 Rear – Res. uses 25 Rear – between res. structures (f) 40 Rear – Other uses 40 Rear – Detached accessory 6 (a) Special requirements apply for environmental overlay districts - See appropriate text (b) SF = Single family detached dwelling / TF = Two family dwelling (c) Applies to each street frontage (d) Setbacks apply to base lot or public rights-of-way (e) Also applies to living space above or behind an attached garage (f) As measured between structures within the same development site; Building Code may require a greater separation in some cases. 48. 68 Exhibit A (30) SECTION 32. Amendment. Section 21380.07, Subd. 3 of the Plymouth City Code (RMF-2, MULTIPLE FAMILY DWELLING DISTRICT 2—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 33. Amendment. Section 21385.07, Subd. 3 of the Plymouth City Code (RMF-3, MULTIPLE FAMILY DWELLING DISTRICT 3—CONDITIONAL USES) is amended as follows: Subd. 3. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 34. Amendment. Section 21390.07, Subd. 4 of the Plymouth City Code (RMF-4, MULTIPLE FAMILY DWELLING DISTRICT 4—CONDITIONAL USES) is amended as follows: Subd. 4. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. SECTION 35. Amendment. Section 21465.03 of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: 21465.03. PERMITTED USES: The following are permitted uses in the C-3 District: Subd. 1. Amusement centers. Subd. 2. Auto accessory stores (not including service). Subd. 3. Banks, credit unions, and other financial institutions (excluding currency exchanges) with or without drive up tellers. (Drive up teller service is regulated by Section 21120.04, Subd. 3 of this Chapter.) Subd. 4. Beauty salons and day spas. Subd. 5. Bicycle sales and repair. Subd. 56. Breweries with a taproom. Subd. 67. Brewpub restaurants (no drive-in or drive-through service). Subd. 78. Bus/transit stations or terminals without vehicle storage. Subd. 89. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 910. Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 1011. Convenience grocery markets (without motor fuel facilities or delicatessen food service). Subd. 1112. Copy/printing services (excludes printing presses and publishing facilities). Subd. 1213. Delicatessens/coffee houses without drive-through service. 49. 50. 51. 52. 69 Exhibit A (31) Subd. 1314. Dining restaurants (no drive-in or drive-through service). Subd. 1415. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 1516. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 1617. Furniture stores containing less than 5,000 square feet of gross floor area. Subd. 1718. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 1819. Hotels. Subd. 1920. Liquor, off sale, pursuant to the required liquor license. Subd. 2021. Locksmiths. Subd. 2122. Offices, administrative/commercial. Subd. 2223. Offices/clinics for medical, dental, or chiropractic services. Subd. 2324. Pet sales, supplies and grooming. Subd. 2425. Prepared food restaurants: delivery and/or take out only, with no interior seating. Subd. 2526. Private clubs (may serve food and beverages). Subd. 2627. Reception halls/event centers, with or without catering services. Subd. 2728. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 2829. Retail or service operations that are not otherwise addressed in this Chapter provided they are limited to 3,000 square feet of gross floor area per tenant. Subd. 2930. Sexually oriented businesses – accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 3031. Shoe repair. Subd. 3132. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 3233. Sports and fitness clubs. Subd. 3334. Tailoring services. Subd. 3435. Tanning salons. Subd. 3536. Therapeutic massage. Subd. 3637. Tutoring/learning centers Subd. 3738. Veterinary clinics and related indoor kennel. SECTION 36. Amendment. Section 21560.11 of the Plymouth City Code (I-1, LIGHT INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: 21560.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the I-1 District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. 70 Exhibit A (32) Subd. 2. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 4. Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services) using over 50 percent of the principal structure or as a freestanding principal use, provided the parking regulations of this Chapter are met. Subd. 5. Offices or clinics for physical, cognitive and behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. Subd. 56. Other uses of the same general character as those listed as a permitted use in this District. Subd. 67. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer’s specifications. (b) An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. (c) To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, “signage” includes words, graphics, logos, and symbols. (f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. 53. 71 Exhibit A (33) (Amended by Ord. No. 2012-05, 02/28/12) Subd. 78. Outside storage as an accessory use when not abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: (a) The storage area is surfaced with blacktop, concrete, or other approved material to control dust. (b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 89. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 910. Temporary events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. (3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. (3) There shall be no more than one carnival per calendar year per property. (c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): 72 Exhibit A (34) (1) Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sales (except Christmas trees), and transient merchant and transient produce merchant sales. (2) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property. b. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (d) Outdoor Christmas Tree Sales. (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. (2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic 73 Exhibit A (35) circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. (e) General Standards applying to all temporary events and outdoor sales. (1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner’s expense. (Amended by Ord. No. 2016-11, 04/26/16) (4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. (7) Not more than one such event or sale shall be allowed per property at any given time. (Amended by Ord. No. 2011-05, 02/22/11) Subd. 1011. Temporary structures, as regulated by Section 21167 of this Chapter. 74 Exhibit A (36) Subd. 11. Offices or clinics for physical, cognitive and behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. SECTION 37. Amendment. Section 21565.11 of the Plymouth City Code (I-2, GENERAL INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: 21565.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the I-2 District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 4. Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services) using over 50 percent of the principal structure or as a freestanding principal use, provided the parking regulations of this Chapter are met. Subd. 5. Offices or clinics for physical, cognitive and behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. Subd. 56. Other uses of the same general character as those listed as a permitted use in this District. Subd. 67. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer’s specifications. 53. 54. 75 Exhibit A (37) (b) An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. (c) To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, “signage” includes words, graphics, logos, and symbols. (f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. (Amended by Ord. No. 2012-05, 02/28/12) Subd. 78. Outside storage as an accessory use when not abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: (a) The storage area is surfaced with blacktop, concrete, or other approved material to control dust. (b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 89. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 910. Temporary events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 76 Exhibit A (38) (3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease-spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. (3) There shall be no more than one carnival per calendar year per property. (c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): (1) Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sales (except Christmas trees), and transient merchant and transient produce merchant sales. (2) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property. b. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (d) Outdoor Christmas Tree Sales. 77 Exhibit A (39) (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. (2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. (e) General Standards applying to all temporary events and outdoor sales. (1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner’s expense. (Amended by Ord. No. 2016-11, 04/26/16) (4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of 78 Exhibit A (40) the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. (7) Not more than one such event or sale shall be allowed per property at any given time. (Amended by Ord. No. 2011-05, 02/22/11) Subd. 1011. Temporary structures, as regulated by Section 21167 of this Chapter. Subd. 11. Offices or clinics for physical, cognitive and behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. SECTION 38. Amendment. Section 21650 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT) is amended as follows: SECTION 21650 - P-I, PUBLIC/INSTITUTIONAL DISTRICT 21650.01. PURPOSE: The P-I District is intended to provide a specific zoning district for facilities devoted to serving the public and specialized government activities, and semi-public uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on or in proximity to an arterial street. 21650.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses in the P-I District: Subd. 1. Day care facilities as a principal or accessory use. Subd. 2. Educational facilities including, and limited to, public and private accredited nursery, elementary, middle, junior high, and senior high schools. 54. 55. 56. 55. 55. 79 Exhibit A (41) Subd. 3. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 4. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 5. Parks, trails, docks, playgrounds, and outdoor athletic fields and their related structures, excluding the recreational facilities requiring a conditional use permit under Section 21650.07, Subd. 18 of this Chapter. (Amended by Ord. No. 2014-12, 02/25/14) Subd. 6. Private clubs (may serve food and beverages). Subd. 7. Publicly owned civic or cultural buildings, such as libraries, city offices, fire stations, auditoriums, public administration buildings and historical developments. Subd. 8. Radio and television receiving antennas including single satellite dish TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including federally licensed amateur radio stations, as regulated by Section 21175 of this Chapter. (Amended by Ord. No. 2011-22, 07/26/11) Subd. 9. Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and directly related social events. Subd. 10. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals or similar institutions). Subd. 11. Trade schools. Subd. 12. Tutoring/learning centers. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2011-05, 02/22/11) 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the P-I District: Subd. 1. Accessory buildings and structures for a use accessory to the principal use but such structure shall not exceed 30 percent of the gross floor space of the principal use. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Farmer’s markets, publically sponsored. Subd. 4. Fences, as regulated by Section 21130 of this Chapter. 57. 55. 80 Exhibit A (42) Subd. 5. Liquor, on-sale, when accessory and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the required liquor license. (Amended by Ord. No. 98-41, 12/16/98) Subd. 6. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading of semi-trailer trucks. Subd. 7. Parking ramps as an accessory use. Subd. 8. Scoreboards for public parks and public or private schools, provided that: (a) One scoreboard not exceeding 16 feet in height or 150 square feet in surface area is allowed per playing field, not including fields used only for practice. (b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and provided that the scoreboards does not contain a video display panel. (Amended by Ord. No. 2013-11, 04/23/13) (c) No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area. Subd. 9. Signs, as regulated by Section 21155 of this Chapter. (Amended by Ord. No 2007-05, 01/23/07) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No 2011-19, 06/28/11) 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P-I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13 of this Chapter, provided that: (a) For each additional five feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one foot. 81 Exhibit A (43) (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3. Cemeteries or memorial gardens provided that: (a) The site is landscaped in accordance with Section 21130. (b) The use is available to the “public”. (c) All portions of the use meet the minimum setback requirements for principal structures. Subd. 4. Colleges, seminaries, and other similar institutions of higher education. Subd. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6. Community centers. Subd. 7. Correctional facilities provided that: (a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. (b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. (c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. (d) No correctional facility shall be closer than 1,320 feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. (e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. (f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Dog park facilities, provided that: (a) Any such facility established after January 23, 2007 shall be set back at least 75 feet from residentially zoned or guided property. 82 Exhibit A (44) (b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. (c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. (Amended by Ord. No. 2007-05, 01/23/07) Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage. Subd. 11. Funeral homes and mortuaries. Subd. 12. Helistops, as regulated by Section 21193 of this Chapter. Subd. 13. Hospitals or similar institutions, provided that all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 14. Offices, administrative/commercial. Subd. 15. Offices/clinics for medical, dental, or chiropractic services. Subd. 16. Parking lots/ramps, as a principal use. Subd. 17. Public safety communication towers and antennas, provided that: (a) Public safety communication towers in excess of 150 feet in height shall be located on property not less than 10 acres in size. (b) Public safety communication towers shall comply with the standards and requirements of Section 21175. Subd. 18. Recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 19. Residential shelters, in accordance with Section 21190.02 of this Chapter. Subd. 20. Retail commercial activities and personal services, provided that: (a) Merchandise is sold at retail. 83 Exhibit A (45) (b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the C-1 Zoning District. (c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. (d) The retail activity and personal services shall not occupy more than 15 percent of the gross floor area of the building. (e) The retail activity and personal services are not located within a structure whose principal use is residential. (f) No directly or indirectly illuminated sign or sign in excess of 10 square feet identifying the name of the business shall be visible from the outside of the building. (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd. 21. Scoreboard (limit of one) for a public park or a public or private school that either: 1) exceeds 32 feet in height or 550 square feet in surface area, or 2) contains a video display panel, provided that: (a) Any such scoreboard shall not exceed 50 feet in height or 950 square feet in surface area. (b) No other scoreboard at the park or school shall exceed 150 square feet in surface area. (c) No commercial speech shall be permitted on the scoreboard, except that commercial messages may be displayed during city- or school-sponsored events on the athletic field served by the scoreboard. These events shall not include practices or classes held on the field. Organizations sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area. (d) The information and commercial speech on the scoreboard shall not be visible from adjacent public streets. (Amended by Ord. No. 2012-12, 03/27/12) (Amended by Ord. No. 2014-12, 02/25/14) (Amended by Ord. No. 2003-35, 11/25/03) (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord. No. 2006-13, 06/13/06) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2011- 05, 02/22/11) (Amended by Ord. No. 2011-19, 06/28/11) (Amended by Ord. No. 2013-11, 04/23/13) 84 Exhibit A (46) 21650.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following are interim uses in the P-I District and are governed by Section 21020 of this Chapter: Subd. 1. Temporary classroom structures for use by public or private schools. (Amended by Ord. No. 2019-01, 02/12/19) 21650.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the P-I District by administrative permit as may be issued by the Zoning Administrator. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that: (a) Equipment is completely enclosed in a permanent structure with no outside storage. (b) Landscaping is provided to screen any such storage. Subd. 4. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer’s specifications. (b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. 55. 55. 85 Exhibit A (47) (c) To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, “signage” includes words, graphics, logos, and symbols. (f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. (Amended by Ord. No. 2012-05, 02/28/12) Subd. 6. Outside storage as an accessory use provided that: (a) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (b) All requirements of Section 21105.11 of this Chapter are met. Subd. 7. Temporary meteorological equipment and associated tower, as regulated by Section 21173 of this Chapter. Subd. 8. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Temporary events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. (3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. 86 Exhibit A (48) (1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. (3) There shall be no more than one carnival per calendar year per property. (c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): (1) Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sales (except Christmas trees), and transient merchant and transient produce merchant sales. (2) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property. b. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (d) Outdoor Christmas Tree Sales. (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. (2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. 87 Exhibit A (49) a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. (e) General Standards applying to all temporary events and outdoor sales. (1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner’s expense. (Amended by Ord. No. 2016-11, 04/26/16) (4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. 88 Exhibit A (50) (6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. (7) Not more than one such event or sale shall be allowed per property at any given time. (Amended by Ord. No. 2011-05, 02/22/11) Subd. 10. Temporary structures, as regulated by Section 21167 of this Chapter. Subd. 11. Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2013-11, 04/23/13) 89 Exhibit A (51) 21650.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The following requirements shall be observed in the P-I District subject to additional requirements, exceptions, modifications set forth in this Chapter: District Area Minimum Minimum Lot Area (acres) Minimum Lot Width (feet) Minimum Lot Depth (feet) Maximum Structural Coverage (a) Minimum Setbacks (feet) Maximum Building Height 2 acres Community Centers 3 100 None General Uses 50% Abutting Residential District (b) Princ. Bldg 45 feet Elementary Schools 15 Correctional Facilities 8% Front yard (b) 75 Acc. Bldg. 120 sq. ft. or less 10 feet Hospitals 10 Side yard (b) 75 Acc. Bldg. over 120 sq. ft. 20 feet Junior High Schools 30 Rear yard (b) 75 Religious Institutions 3 Abutting Non- Residential District Senior High Schools or Correctional Facilities 50 Front yard 50 Other uses 2 Side yard corner lot 50 Side yard interior lot 15 Rear yard 15 Correctional Facilities Front 200 Side 400 Rear 400 (a) Special requirements apply for environmental overlay districts - See appropriate text (b) Where a P-I District abuts a residential district or is separated from a residential district by a local or minor collector street. 55. 90 Exhibit A (52) SECTION 39. Effective Date. This Ordinance shall be in full force and effect upon its passage. APPROVED by the City Council on this ** day of ****, 2020. __________________________________ Jeffry Wosje, Mayor ATTEST: _______________________________ Sandra R. Engdahl, City Clerk 91 1 City of Plymouth (2020-022) Summary List: Proposed City Code Amendments --Relates to Exhibit B-- Type of Amendment: T = Technical Change/ Correction S = Substantive Amendment / New Regulation Item Sec. # Type Chapter Description Building Code- A.1 T 400.09 Item 2 (Grading..) is unnecessary and, therefore, would be deleted because the city has adopted its own grading-related processes. Subdivision Regulations, Definitions- B.2 T 502.03 Park Dedication Related Terms: Updates the acreage, employment and population data, et al, with the most recent information. Subdivision Regulations, Street Design- C.3 S 524.05 Subd. 2 F 1: Increases the minimum diameter of cul-de-sac turn-arounds from 100 feet to 110 feet of right-of-way, and from 82 feet to 90 feet of pavement. Subdivision Regulations, Erosion Control- D.4 T 526.03 Subd.1 C: Adds verbiage for consistency with watershed rules. Air Circulation Devices- E.5 T 2025.09 Updates verbiage so the exception applies to all air conditioning units (not only window units). 92 Exhibit B (1) CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2020- AN ORDINANCE AMENDING CHAPTERS 4, 5, AND 20 OF THE PLYMOUTH CITY CODE (2020 022) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 400.09 of the Plymouth City Code (BUILDING CODE— BUILDING CODE OPTIONAL CHAPTERS) is amended as follows: 400.09. - Building Code Optional Chapters. Minnesota State Building Code, Chapter 1300, allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City. 1. Chapter 1306, Special Fire Protection Systems, Rule No. 1306.0020, Subpart 3. 2. Grading, IBC Appendix Chapter J. SECTION 2. Amendment. Section 502.03 of the Plymouth City Code (RULES AND DEFINITIONS--DEFINITIONS) is amended by adding, deleting, or changing the following definitions as follows: Park Dedication Related Terms: A. Employees: The number of employees that are projected to work in a proposed commercial/industrial development based on full build-out of the site. This number is calculated by multiplying the maximum gross floor area (in thousands) of structural improvements that the site can support by the average projected number of employees per 1,000 square feet of floor area of the proposed type of development as follows: Property Type Employees/ 1,000 sq. ft. Office: 3 Retail: 2 Industrial: 1.65 Office-Warehouse: 1.65 Warehouse: 1 A. 93 Exhibit B (2) If the property type of the development is not known at the time of subdivision, the number of employees shall be calculated by using the property type which results in the highest number of employees projected to work in the proposed development, based on the uses allowed by the Zoning Ordinance. B. Existing Park Land and Trail Acreage: The total acres acreage of community playfields, city parks, neighborhood parks, mini-parks, and school parks, and trail outlots existing in 2009 2020, as documented by Chapter 7 of the Comprehensive Plan (1,314 acres), plus the land area of trail outlots and the Northwest Greenway as of 2012 as measured by the City's geographic information system (118 acres), or 1,432 (1,855 acres). C. Jobs. The number of jobs located within the City as of 2011 2019 as estimated by the Minnesota Department of Employment and Economic Security Development (45,488 60,306 jobs). D. Per Capita Commercial/Industrial Share: Ten percent of the existing park land and trail acreage, divided by the number of jobs within the City. [(10% × 1,432 1,855) / 45,488 60,306 = 0.0031 acres/capita]. E. Per Capita Residential Share: Ninety percent of the existing park land and trail acreage, divided by the City population, as determined by the 2010 Decennial Census 2019 Metropolitan Council Population Estimate (70,576 79,475). [(90% × 1,432 1,855) / 70,576 79,475 = 0.0183 0.021 acres/capita]. F. Property Type: The classification of the proposed type of development in the subdivision by the following categories. If the specific use(s) proposed in the subdivision are not listed below, the property type shall be determined by the Zoning Administrator to be that most similar to the proposed use based on the number of employees projected to work in the development. Property Type Examples of Land Uses Office: Banks, medical/ veterinary clinics, offices (professional or administrative/ commercial). Retail: All commercial development, other than Office. Industrial: Assembly, automobile repair (major), commercial printing, fabrication, food processing, machine shop, manufacturing, wholesale bakery. Office-Warehouse: Laboratories, wholesale showrooms. Warehouse: Distribution centers, indoor storage, mini-storage, truck terminals, waste facilities. G. Residents: The number of residents that are expected to reside in a proposed residential development. This number is calculated by multiplying the number of new residential units in the proposed development by the average number of residents per unit for the type of residential unit proposed, based on the Metropolitan Council's official estimates as follows: Type of Dwelling Residents per Unit B. 94 Exhibit B (3) Single-family home: 3.1 Duplex or Townhome: 2.0 Multi-family (Apartments): 1.9 H. Undeveloped Land Value: The fair market value of the land as determined by a sale within the past one year or as calculated by the City County Assessor, as of the date of final plat or plan approval, whichever is higher. SECTION 3. Amendment. Section 524.05, Subd. 2 F 1 of the Plymouth City Code (DESIGN STANDARDS—STREETS) is amended as follows: 1. Turnarounds. Cul-de-sacs shall provide a turn-around with a minimum right-of-way diameter of 100 110 feet and a minimum pavement diameter of 82 90 feet (back of curb to back of curb). Lot lines that directly abut the turnaround shall be radial to the center of the cul-de-sac. Lot lines and curb lines at the intersection of the straight portion of the street and the turnaround shall be rounded with a radius of not less than 20 feet. Residential cul- de-sacs may include a center island within the turn-around for snow storage. Maintenance of such center islands shall become the responsibility of a Homeowners Association for the subdivision. The pavement width between the outside curb of the turn-around and such island shall be a minimum of 28 feet wide. SECTION 4. Amendment. Section 526.03, Subd. 1 C of the Plymouth City Code (EROSION CONTROL—EROSION CONTROL MEASURES) is amended as follows: C. Temporary vegetation and/or mulching shall be used to protect the areas exposed during the development. No area shall be left denuded for a period longer than 14 days after initial site grading and other land disturbing operations. An A natural-netting erosion control blanket is required on slopes that are 3:1 or steeper. SECTION 5. Amendment. Section 2025.09 of the Plymouth City Code (NOISE—AIR CIRCULATION DEVICES) is amended as follows: 2025.09. - Air Circulation Devices. No person shall permanently install or place any air circulation device, except a window air conditioning units, in any outdoor location unless the device in that location will comply with the noise level standards prescribed in Section 2025.07. C. D. E. 95 Exhibit B (4) SECTION 6. Effective Date. This Ordinance shall be in full force and effect upon its passage. APPROVED by the City Council on this ** day of ****, 2020. __________________________________ Jeffry Wosje, Mayor ATTEST: _______________________________ Sandra R. Engdahl, City Clerk 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188