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HomeMy WebLinkAboutCity Council Ordinance 2010-02CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2010-02 AN ORDINANCE AMENDING CHAPTERS 5, 7, S, 10, AND 20 OF THE PLYMOUTH CITY CODE (2009052) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 510.03, Subd. 5 (a) (2) of the Plymouth City Code (PRELIMINARY PLAT—APPLICATION REQUIREMENTS) is amended as follows: (2) Be on paper not exceeding 2422 inches by 36-34 inches. SECTION 2. Amendment. Section 510.03, Subd. 5 (b) of the Plymouth City Code (PRELIMINARY PLAT—APPLICATION REQUIREMENTS) is amended as follows: (b) The subdivider shall provide complete full-sized (2422 inches by 36734 inches) assembled sets of the drawings that are collated, stapled and rolled, the number of which shall be determined by the Zoning Administrator. One additional full-sized set of the drawings shall be provided in each of the following cases: 1) when the plat contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat contains or abuts a wetland or shoreland district. SECTION 3. Amendment. Section 512.01, Subd. 7 of the Plymouth City Code (FINAL PLAT PROCEDURE—FINAL PLAT PROCEDURE) is amended as follows: Subd. 7. Expiration of Final Plat Approval. Unless the City Council specifically approves a different time period, the approval of a final plat shall expire two years from the date it was approved, unless the applicant has recorded the final plat with Hennepin County; or, unless before expiration of the two year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a final plat has not been filed, 2) what, if any, good faith efforts have been made to complete the platting process, and 3) the anticipated completion date. The Zoning Administrator may approve one such extension for a term not to exceed one additional year, Should a second extension of ..... Formatted: Font color: Red time or any extension of time longer than one year be requested b, the he applicant, it shall be presented to the City Council for a decision. (1) SECTION 4. Amendment. Section 512.03, Subd. 4 (a) (2) of the Plymouth City Code (FINAL PLAT PROCEDURE—APPLICATION REQUIREMENTS) is amended as follows: (2) Be on paper not exceeding 24-22 inches by 3-34 inches. SECTION 5. Amendment. Section 512.03, Subd. 4 (b) of the Plymouth City Code (FINAL PLAT PROCEDURE—APPLICATION REQUIREMENTS) is amended as follows: (b) The subdivider shall provide complete full-sized (2422 inches by 334 inches) assembled sets of the drawings that are collated, stapled and rolled, the number of which shall be determined by the Zoning Administrator. An additional full-sized set of the drawings shall be provided in each of the following cases: 1) when the plat contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3) when the plat contains or abuts a wetland or shoreland district. SECTION 6. Amendment. Section 530.13, Subd. 2 (e) of the Plymouth City Code (TREE PRESERVATION—REFORESTATION/RESTITUTION PLAN) is amended as follows: (e) Installation of trees shall follow the City's standard tree planting details (PlaEes enn 3 and cnu as provided in the City's Engineering Guidelines). SECTION 7. Amendment. Section 705.09, Subd. 1 of the Plymouth City Code (REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS—CERTAIN FACILITIES REQUIRED – OWNER'S DUTIES) is amended as follows: Subdivision 1. Toilet Facilities, Public Streets. The owner of any house, building or property used for human occupancy, employment, recreation or other similar purpose situated within the City and abutting any street, alley or right–of--way in which there is now located or may in the future be located a Public Sanitary Sewer f the City, is hereby required at leis-e�to install suitable toilet facilities therein at the owner's expense. In the event an individual sewage treatment system requires modification or repair and in the further event that a Public Sanitary Sewer is located within 100 feet of the property line, the owner of such property shall be required to connect to the Public Sewer. Connections to Public Sanitary Sewer facilities must be made within 24 months from and after the 1st day of January next following the date on which a special assessment for such Sanitary Sewer facilities to the particular property is adopted by the City Council. in the event that If the owner of any property fails or refuses to connect to Public Sanitary Sewer facilities, then -the City may provide for the installation of such facilities and charge the cost thereof against the property as a special assessment in accordance with the provisions of Minnesota Statute Section 412.221, as amended. In addition, the owner shall be responsible for maintenance of the sewer line that lies between the Public Sewer and the building. (2) SECTION 8. Amendment. Section 705.09, Subd. 3 of the Plymouth City Code (REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS—CERTAIN FACILITIES REQUIRED – OWNER'S DUTIES) is amended as follows: Subd. 3. Abandonment of Private Systems. When a Public Sewer becomes available to a property served by a Sewage Treatment System and a direct connection is made to the Public Sewer in compliance with this Section, any septic tanks, cesspools and similar Individual Sewage Treatment Systems shall be abandoned in accordance with Section 710 of this Chapter and filled with suitable material. SECTION 9. Amendment. Section 705.15 of the Plymouth City Code (REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS—INSTALLATION COSTS; INDEMNIFICATION) is amended as follows: 705.15. Installation Costs: Indemnification. All costs and expense incident to the installation, and -connection and maintenance of the 13*4ding4; ewer line lying between the Public Sewer and the building -shall be borne by the owner. The owner or the person installing the Building Sewer for the owner shall indemnify the City pursuant to Subsection 705.13, from any loss or damage that may directly or indirectly be occasioned by the installation. SECTION 10. Amendment. Section 710.03 of the Plymouth City Code (REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS—PERMITS) is amended as follows: 710.03. Permits. No person shall install, alter, repair, of -extend or abandon any individual sewage treatment system in the City without first applying for and obtaining a permit from Hennepin County as may be required pursuant to County Ordinance No. 19, Individual Sewage Treatment Systems. (Ord. 2000-22, 5/23/2000) SECTION 11. Amendment. Section 800.02, Subd. 8 E of the Plymouth City Code (CONSTRUCTION IN STREETS, ALLEYS, AND PUBLIC GROUNDS—PUBLIC RIGHT- OF-WAY REGULATIONS) is amended as follows: E. When mousing trenchless installation methods to cross an area where an existing utility is located or when directed by the City, the permittee shall excavate an observation hole ovef a 34ty to expose the existing utilityprior to crossing such utility to ensure that a City utility is existing utilities are not damaged. When an observation hole must be excavated in an existing pavement section, the pavement must be cut using the coring method. Saw cutting,jack hammering or any other means of excavating the observation hole shall be strictly prohibited without prior approval from the City Engineer. (3) SECTION 12. Amendment. Section 800.02, Subd. 8 N of the Plymouth City Code (CONSTRUCTION IN STREETS, ALLEYS, AND PUBLIC GROUNDS—PUBLIC RIGHT- OF-WAY REGULATIONS) is amended as follows: N. Trenchless Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing er.epen euiting-in order to determine the precise location of marked underground utilities before excavating. In addition, permittees employing trenchless excavation methods, shall not install facilities at a depth greater than four feet below grade, unless specifically approved by the Director. (Ord. 2006-02, 1/10/2006) SECTION 13. Amendment. Section 1015.23, Subd. 1 of the Plymouth City Code (PERMIT PROCEDURES AND FEES—ZONING AND SUBDIVISION FEES: SPECIAL PROVISIONS) is amended as follows: Subdivision 1. Scope and Application. This Subsection applies to applications made pursuant to Chapter 5 (Subdivision Regulations), and -Chapter 21 (Zoning Ordinance), and Section 2025 Noise of this Code. SECTION 14. Amendment. Section 10 15.23, Subd. 2 of the Plymouth City Code (PERMIT PROCEDURES AND FEES—ZONING AND SUBDIVISION FEES: SPECIAL PROVISIONS) is amended as follows: Subd. 2. Fees. (a) Conditional or Interim Use Permit Fee (b) Preliminary Plat Fee (c) Final Plat Fee (d) Rezoning Fee (Amending District Boundaries) (e) Zoning Ordinance Amendment Fee (Amending Ordinance Text) (f) Site Plan Fee: Site Plan Site Plan Amendment Plan Modification (g) Zoning Variance Fee (h) Subdivision Code Variance Fee (4) $400 for all new applications $35 for all renewals $25 per acre of land area to be platted, plus $10 per lot and outlot Minimum Fee: $400 $450 $700 $250 $400 $200 $75 $150 for single and two-family dwellings, all others $300 $150 (i) (i) Mine-Subdivisien Foo Noise Variance Fee 5150 cg.- eaeh fiewl y described ..areet $100 if for more than 3 days, and $50 if for 3 days or fewer (j) Home Occupation $100 for all new applications License Fee $35 for all renewals (k) Comprehensive Plan $500 Amendment Fee (1) Administrative Permit $50 (m) Planned Unit Development $700 General Plan (n) Planned Unit Development $150 Final Plan (o) Planned Unit Development $200 Amendment (p) Vacation Fee (Rights-of-Way $450, plus$110 per new easement required or Easements) to be recorded (q) Natural Preserve $75 for single- and two-family dwellings, $150 for all others (r) Wetland Fees: Delineation Report $100 Reclassification $100 Wetland Replacement Plan $500 (Ord. 96-32, 12118/96; Ord. 98-39, 11118198; Ord. 2003-18, 6110/2003; Ord. 2004-03, 01113/2004; Ord. 2005-35, 11/29/2005; Ord. 2007-06, 2/13/2007; Ord. 2009-08, 5/12/2009) SECTION 15. Amendment. Section 2025.15, Subd. 2 of the Plymouth City Code (NOISE— VARIANCES) is amended as follows: Subd. 2. Application. It is recognized that under certain circumstances it would be impossible for a noise source to comply with the provisions of Section 2025.05 or Section 2025.07 of this Section due to economic or technological reasons. In cases such as this, application for an exception may be made in writing to the Department of Community Development. The application shall include the fee as set forth in Section 1015 of this Code, and shall contain the following pertinent information: a) Legal description of property; b) Dates of exception requested; C) Location of particular noise source and times of operation; d) Equipment involved; e) Necessity for request of exception; (5) Steps taken to minimize noise level from source; g) Names of responsible persons; and h) List of property owners within 200 feet of the subject property in a format prescribed by the Zoning Administrator (only if exception is for more than three days). If the exception is for more than three days, the Department of Community Development shall give notice of the request as provided herein. Notice of the request for an exception shall consist of a legal property description, description of request for exception and map detailing property location, and be published in the official newspaper at least 20 days prior to a decision on the request, and written notice shall be mailed at least twenty 20 days prior to a decision on the request to all owners of land within 200 feet of the boundary of the property in question. Applications will be reviewed by the Zoning Administrator and a decision to approve or deny the exception will be made in writing to the responsible persons within 30 days of publication of the notice. Any person choosing to comment on the exception may do so in writing within 20 days of mailing of the notice. (Ord. 2000-03, 02/01/2000) SECTION 16. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED on February 23, 2010. I i Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, ity Clerk (6) CITY OF PLYMOUTH RESOLUTION NO. 2010-056 APPROVING SUMMARY PUBLICATION OF ORDINANCE NO'S. 2010-01 AND 2010-02 THAT AMEND CHAPTERS 5, 7, 8, 10, 20, AND 21 OF THE CITY CODE AND ZONING ORDINANCE These ordinances amend Chapters 5, 7, 8, 10, and 20 of the City Code Chapter 21 of the Zoning Ordinance. This Summary Publication Resolution pertains to the annual update to the zoning ordinance and city code adopted by the city council on February 23, 2010, and consists of both technical and substantive amendments. The ordinances contain amendments to the following articles: SECTION 510 — PRELIMINARY PLAT SECTION 512 — FINAL PLAT PROCEDURE SECTION 530 — TREE PRESERVATION SECTION 705 — REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS SECTION 710 — REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS SECTION 800 — CONSTRUCTION IN STREETS, ALLEYS AND PUBLIC GROUNDS SECTION 1015 — PERMIT PROCEDURES AND FEES SECTION 2025 — NOISE SECTION 21005 — RULES AND DEFINITIONS SECTION 21015 — ADMINISTRATION — CONDITIONAL USE PERMITS SECTION 21030 — ADMINISTRATION — VARIANCES SECTION 21045 — SITE PLAN REVIEW SECTION 21100 — NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS SECTION 21105 — GENERAL BUILDING AND PERFORMANCE STANDARDS SECTION 21115 — GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION 21120 — ACCESSORY BUILDINGS, STRUCTURES, AND USES SECTION 21130 — FENCING/SCREENING/LANDSCAPING SECTION 21135 — OFF-STREET PARKING AND LOADING SECTION 21145 — HOME OCCUPATIONS SECTION 21155 — SIGN REGULATIONS SECTION 21173 — WIND ENERGY CONVERSION SYSTEMS (WECS) SECTION 21450 — O, OFFICE DISTRICT SECTION 21460 — C-2, NEIGHBORHOOD COMMERCIAL DISTRICT SECTION 21465 — C-3, HIGHWAY COMMERCIAL DISTRICT SECTION 21470 — C-4, COMMUNITY COMMERCIAL DISTRICT SECTION 21475 — CC, CITY CENTER DISTRICT SECTION 21550 — C-5, COMMERCIAL/INDUSTRIAL DISTRICT SECTION 21555 — B -C, BUSINESS CAMPUS DISTRICT Resolution No. 2010-056 Page 2 of 2 SECTION 21560 — I-1, LIGHT INDUSTRIAL DISTRICT SECTION 21565 — I-2, GENERAL INDUSTRIAL DISTRICT SECTION 21655 — PUD, PLANNED UNIT DEVELOPMENT DISTRICT SECTION 21665 — SHORELAND MANAGEMENT OVERLAY DISTRICT SECTION 21670 — WETLANDS DISTRICT A printed copy of the city code amendments is available for inspection at Plymouth City Hall during regular office hours. ADOPTED on March 9, 2010.