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HomeMy WebLinkAboutCity Council Resolution 1986-007CITY OF PLYMOUTH ORDINANCE NO. 86-07 AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NUMBER 80-9, ADOPTED DUNE 16, 1980 AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO TEXTUAL AMENDMENTS THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Zoning Ordinance. SECTION 4, Subdivision B, Definitions Is hereby amended by the addition of the following: Churches Rural Community -- Churches which b Conditional Use Permit are located In the Future Restricted Development (FRD) District and which have a namim m uy Lne uzy•s Lomprenensive Lana use uuiae Plan as LA -1, LA -2, LA -3, LA -4, CL, CN or CC. Rural community churches do not have accessory commercial activities, including but not limited to day care centers, nursery schools, or primary and/ or secondary schools; but may have activities such as religious instruction and guidance. Section 2. SECTION 7, Subdivision C, Districts, Uses is hereby amended by the addition of the following: DISTRICTS USES FRD R -1A R -1B R-2 R-3 R-4 -- -- -- -- -- - Churches, Rural Community Section 3. SECTION 8, Subdivision 8, is hereby amended in part by the addition of the following: DISTRICTS USES B-1 B-2 B-3 Office Limited Retail Service C C -- - Religious or philanthropic institutions and churches. Section 4. SECTION 4, Subdivision B, is hereby amended by the addition of the following: Transient Merchant -- Any person, individual, co -partnership, incorporation, both as principal and a ent who engages In does or transacts ang temporary and transient business selling goods, wares and merchandise and who for the purpose of car-r�- rode on such business has complied with the licensingr uirements o the Cit - Code and hires eases occupies or uses a bui ding, structure, vacant of motor vehic e, trai er, or_railroad car in a zonina district where it is a Bred by this Page two Ordinance No. 86-07 Transient Produce Merchant -- Any person who engages in or transacts in any temporary and _transient business within the City, selling the products of the farm or garden occupied and cultivated by that person; and, who for the purposes of carrying on such business, hires, leases, occupies, or uses, a building_ structure, vacant lot, motor vehicle trailer, or railroad car, on a site other than the property on which the produce is grown and cultivated in a zoning district where it is allowed by this Ordinance. Section S. SECTION 7, Subdivision C., is hereby amended by the addition of the following: DISTRICTS USES FRO R-1A R-1B R-2 R-3 R-4 P o _ _ _ _ _ Transient merchants as regulated in Section 10 P _ _ _ _ _ - Transient produce merchant as regulated in Section 10 Section 6. SECTION 8, Subdivision B., is hereby amended by the addition of the following: DISTRICTS USES B-1 B-2 B-3 Office Limited Retail Service P P - Transient Merchants as regulated In Section 10 P P - Transient produce merchant as regulated in Section 10 Section 7. SECTION 10, Subdivision A., 2.9 D., is hereby amended by addition of the following: One temporary sign for transient merchants and transient produce merchants in the FRD District only. The 319" shall not exceed 16 sq. ft. in surface area and sha not exceed 6 ft. in height. The sin shall be setback at least 20 ft. from the street right-of-way line and shall be erected only--durinq the period o transient sales. Section 8. SECTION 10, Subdivision A., 4., C., and 5., D., is hereby amended by the addition of the following: One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. In surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street right-of-way line and shall be erected only during the period of transient sales. Page three Ordinance No. 86-07 Section 9. SECTION 10, Subdivision B., 5., g., 1), is hereby amended by the addition of the following: Authorized sites for transient merchants, transient produce merchants, and for any person that sells products of the garden or farm on the property on which the products are grown and cultivated are exempt from this requirement. Section 10. SECTION 10, Subdivision B., 5., g., 3), is hereby amended by the addition of the following: Authorized unimproved sites for transient merchants, transient produce merchants, and for any person that sells products of the garden or farm on the property on which the products are grown and cultivated are exempt from this requirement. Section 11. SECTION 10, Subdivision B., 5., h., Is hereby amended by the addition of the following: Transient Merchant and Transient Produce Merchant Y.tes Authorized sites for transient merchant, transient produce merchant sales. and an person that sells products of the garden or farm on the property on which the products are grown and cultivated, shall provide off-street parking areas of suf- ficient size to provide parking for patrons, customers, and employees. All parking and circulation shall be on the site, and in no case shall encroach upon the public right-of-way or adjacent properties. Section 12. SECTION 10, Subdivision B., 2., is hereby amended by the addition of the following: Transient merchants products of the gars cultivated, shall st street parking and street and if the s. corner lot, the plan shall be approved Dt riant-OT-way. transient produce merchant or farm on the property on [t a plot plan drawn to sci culation and the plan shall is a corner lot, or is an all show the distance to thi to any sales. No site shy and any person that sells fiich the products are grown and L,- and dimensioned showing off show the access to the public [nterior lot within 50 ft.of a street intersection. The plan Section 13. SECTION 10., Subdivision C., is hereby amended by the addition of the following: Transient merchants and transient produce merchants with the require- Fnd shall Comply Written permission from the owner of the property where the sales are to be conducted shall be submitted. A written affidavit from the transient produce merchant shall be submitted Indicating that the produce to be sold by the merchant was grown by the mer- chant on property that is occupied and cultivated by him. The affidavit shall list the produce to be sold and the place where the produce was grown. Transient merchants shall show evidence of compliance with City licensing requirements. Page four Ordinance No. 86-07 Section 14. SECTION 7, Subdivision D., 3., b., is hereby amended as follows: Minimum Lot Width in Feet FRD R -1A R-18 R-2 R-3 R-4 b. Dwellings, two family (100) (100)(80) (80) per dwelling unit -- -- 50 50 40 40 Section 15. SECTION 8, Subdivision E, footnote ***, is hereby Cmended in part to read as follows: *** See Section 10, Subdivision C for special provision for expansion in the I-1 District and for calculation of maximum lot coverage in the non-residential zonina districts Section 16. SECTION 10, Subdivision C, which is hereby amended by the addition of the following: Calculation of Maximum Lot Coverage in B-1, B-2, B-3, and I-1 Districts: A developer may elect to have In the B-1. 8-2. 0-3. and to sneer. ine request to do this snail be in writing and shall accompany the application for plan approval. This will apply to the calculation of the lot allowed by this urdinance. the resolution approving plans subject to this option shall state that the option was used in the calculation of maximum lot coverage and the resolution shall be filed as a memorial on the property. Section 17. SECTION 9, Subdivision B, Bonus Point Calculation Criteria, amended by deletion of the following: [Minimum project size may not under any circumstances be less than 15 acres.] Section 18. SECTION 9, Subdivision 8, 3.9 a., 2) is hereby amended by the addition of the following: Bonus points are intended for those projects which satisfy one or more of the stated Bonus Point Criteria. The evaluation of the project with respect to those criteria shall be undertaken upon the determination that the proposed project satisfies the basic attributes of a Planned Unit Dovelopment as set further in this Section and thus qualifies as a Planned Unit Develooment. Page five Ordinance No. 86-07 Section 19. SECTION 9., Subdivision B, Bonus Point Calculation Criteria, (d) is hereby amended as follows: (d.) The project clearly demonstrates affirmative design efforts through pro- vision of private/public open space, net (exclusive) of required street right-of-way, required public park and trail dedication, required storm drainage ponding areas, and required rear yards, which preserve and enhance the worthwhile natural terrain characteristics and which do not force intense development to utilize all portions of the site, according to the following schedule: - 0 - 2 points. Section 20. SECTION 9, Subdivision B, 1., c., 4) is hereby amended with the addition of the following: 4) More useable and suitably located active recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. Section 21. SECTION 9. Subdivision B, 1., c., 5) is hereby amended by the addition of the following: The primary function of Planned Unit Development provisions is to provide developments which will preserve and enhance the worthwhile natural ter- rain characteristics, and not force intense deve o5—mnt to utilize all portions of a given site. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Section 22. SECTION 9, Subdivision B., 4., e., is hereby amended by the deletion of the following: [A primary function of Planned Unit Development provisions is to provide develop- ments which will preserve and enhance the worthwhile, natural terrain characteris- tics and not force intense development to utilize all portions of a given site. In evaluating each individual proposal, the recognition of th's ohjective will be a basic consideration in granting approval or denial.] Section 23. SECTION 10, Subdivision A., 6.9 B., is hereby amended by the addition of the following: Individual businesses and tenants in multi -tenant industrial buildings may have free standing business signs, provided they are designed and arranged in accordance with a comprehensive sign plan for the entire multi -tenant Industrial building which has been prepared by and submitted to the City by the owner and which has been approved by the it • further, the aggregate area of such free standing shall not exceed 5% of the wall area of the wall adJacent to the signs, nor shall the free standing signs exceed 6 ft. in height. The free standing signs shall be in - lieu of any wall signage on the wall adjacent to the free standing signs. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the RrOP03ed signage has been found to be con- sistent with the approved comprehensive s an plan. M Page six Ordinance No. 86-07 Section 24. SECTION 8, Subdivision D., 3., is hereby amended to read as follows: e. Temporary retail activities directed at the general public may be allowed as an accessory use subject to issuance of an administrative permit and subject to the requirements of this paragraph. For purposes of this paragraph "Retail Activities" shall include temporary, short-term warehouse sales, inventory reduction or liquidation sales, distressed merchandise sales, and product promotifn events including displays, introductions, expositions, and swap meets relate' to the products and/or services of the established tenant or owner, and condu -.ed on the premises of permitted and conditional uses in this District; but st:all not include sales ev:^ts which are regularly scheduled or seasonal in nature. Section 25. Effective Date. This Ordinance shall take effect upon its passage and publication, except for Sections 4 through 13 which shall take effect August 15, 1986. Adopted by the City Council the rA day of d , 19 Virgil Schneider, Mayor ATTEST Lauf a ouk, CIT; Clerk ord/amend(ord86)1-6 0 Cm or MHOUTH Pursuant to due call and notice thereof, a reaular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 6th day of . japgarx , 1986. The following members were present: Favor Schneider. Councilmembers Sisk, rain and Vasilinu The foliowIng iewbers were absent: none �f Cnuncilintroduced the following Resolution and moved its adoption: RESOLUTION NO. 86-07 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND K_2 0 NC, !OT DIVISION AND VARIANCES FOR MERRILL PAULSON, VISION BUILDERS, INC. (PS122) (r. • NO.) WHEREAS, the City Council has approved a Lot Pivis:o �1 Variances for Merrill Paulson for Vision Builders, Inc., for property located d'- 2 ) and 2510 Teakwood Lane, under Resolution No. 86-06 ; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said Lot Division: 1. Compliance with the City Engineer's Memorandum 2. Submittal of all necessary utility easements prior to filing Lot Division with - Hennepin County. 3. Appropriate deed restrictions and covenants, as appr•)ved by the City Attorney, shall be filed on the property for the common partN-0 1, yard maintenance and ownership. 4. Approved variances are for lot sizes of 12,44L q. FL. and 13,506 sq. ft. versus the Ordinance standard 15,000 sq. ft.; and, lot widths of 62.49 ft. and 64.51 ft. versus the Ordinance standard of 90 ft. based on the finding that this allows for construction of two-family, owner -occupied dwelling units which was not comprehended by the Subdivision Code. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Crain , and upon vote being taken thereon, the ollowlM voted In favor thereof: Navor Schneider. Councilmembers Crain and The following voted against or abstained: Councilinember Sisk Whereupon the Resolution was declared duly passed and adopted.