HomeMy WebLinkAboutCity Council Ordinance 1995-11CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Feb 1,95 14:53 No.014 P.02
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 95- u
AN INTERIM ORDINANCE TEMPORARTLY PROMBITING
DRIVE TIIROUGH BUSINIiMES AND
LOADING )HOCKS AT CERTAIN LOCATIONS
THE CITY OF PLYMOUTH ORDAINS:
SECTION I.—Background.
1.01. Drive through businesses and loading docks adjacent to single family
homes create the potential for land use conflicts.
1.02. The City's zoning ordinance does not adequately regulate drive
through businesses and loading docks adjacent to single family homes.
1,03. Therd are a number of significant land use issues pertaining to the
regulation of such uses, including the following:
a) The proper zoning districts in which drive through businesses should
be allowed as either permitted or conditional uses;
b) Hours of operation;
G) Setback and buffering requirements;
d) Traffic;
e) Stacking requirements;
f) Maintaining quietude and privacy in residential neighborhoods;
g) Performance standards.
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1.04. There is a need for a study to be conducted so that the City can adopt
a set of comprehensive zoning regulations pertaining to such uses. The study will
address the land use issues, including those referenced above.
1.05. The City Council hereby directs that such a study should be
undertaken by the City's Planning Department.
1.06. There is a need for an interim ordinance for the purpose of protecting
the planning process and the health, safety and welfare of the citizens of the City.
There is a need to restrict such uses until the study has been completed and any
modifications to the City's zoning and land use regulations are accomplished.
1.07. Minnesota Statutes § 462.355, Subd. 4 permits the adoption of
interim zoning ordinances during the planning process.
SECTION 2. Definition .
Drive Though Business: A business that by design, physical facilities,
service or by packaging procedures encourages or permits customers to
receive services, obtain goods or be entertained while remaining in their
motor vehicles, excluding gasoline service stations as defined in the City's
zoning ordinance.
Loading Dock: An off-street space, berth or dock used for the loading or
unloading of cargo, products or materials from trucks or trains.
Land Use Application: An application for a building permit, site plan
approval, conditional use permit, planned unit development, planned unit
development amendment or variance.
SECTION 3. TemporaU Moratoritun. No drive through business or
loading dock may be constructed within three hundred (300) feet of property zoned
or developed for single family detached homes, and with respect to such uses no
land use application shall be accepted, processed or approved.
SECTION 4 Enforcement, The City may enforce this ordinance by
injunction or any other appropriate civil remedy in any court of competent
jurisdiction.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Feb 1,95 14:54 No.014 P.04
SECTION S. SeparabilitX. Every section, provision or part of this
ordinance is declared separable from every section, provision or part of this
ordinance. If any section, provision or part of this ordinance is adjudged to be
invalid by a court of competent jurisdiction, such judgment shall not invalidate any
other section, provision or part of this ordinance.
SECTION 6. Duration. This ordinance shall take effect upon its approval
by the City Council and shall remain in effect until the date of the adoption of the
official controls contemplated hereunder or May 3, 1995, whichever occurs first.
ADOPTED this 71h day of February, 1995, by the City Council of the City
of Plymouth.
ATTEST:
Latirie Ahrens, City Clerk
Published: Sun Sailor, 3-8-95.
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02/01/95 -�-
CITY OF PLYMOUTH
BY: r
Joy ►crney, Mayor
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