HomeMy WebLinkAboutCity Council Ordinance 2007-28CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2007-28
AN ORDINANCE AMENDING THE TEXT (RELATING TO THE CITY CENTER
DISTRICT) OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE
PLYMOUTH ZONING ORDINANCE (2007090)
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendments. The text of Section 21475 (CC, City Center District) of Chapter
21 of the Plymouth City Code is hereby amended as follows:
SECTION 21475 - CC, CITY CENTER DISTRICT
21475.01. PURPOSE: The purpose of the City Center (CC) District is to provide for the
establishment of a community focal point which is a blend of cultural, recreational, civic,
entertainment, commercial retail, and office uses as defined and guided by the Comprehensive
Plan.
21475.03. ESTABLISHMENT OF DISTRICTS: The area within the CC District shall be
further divided into three (3) sub -districts.
Subd. 1. City Center - Public (CC -P).
Subd. 2. City Center - Retail and Entertainment (CC -R & E).
Subd. 3. City Center - Office/Technical and Retail (CC -OT & R).
21475.05. PERMITTED USES: The following are permitted uses within the CC District:
Subd. 1. CC -P.
(a) Amphitheaters.
(b) Bus/transit stations or terminals without vehicle storage.
(c) Commercial recreation indoor, e.g. bowling alley, roller rinks, etc.
(d) Community centers.
(e) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(1)
(f) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(g) Parks and recreational facilities, structures and buildings.
(h) Publicly owned civic or cultural buildings such as libraries, city offices,
auditoriums, public administration buildings and historical developments.
(i) Sports and fitness clubs.
(Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2005-01, 01/11/05)
(Amended by Ord. No. 2006-04, 02/07/06)
Subd. 2. CC -R & E.
(a) Amusement Centers
(b) Antique shops.
(c) Appliance and electronic stores including incidental repair and assembly but not
fabricating or manufacturing.
(d) Art and school supply sales.
(e) Art galleries.
(f) Bakery goods and baking of goods for retail sales on the premises.
(g) Banks, savings and loans, credit unions and other financial institutions (excluding
currency exchanges) with or without drive up tellers.
(h) Beauty salons and day spas.
(i) Bicycle sales and repair.
0) Books, office supplies and equipment, or stationary stores and sales.
(k) Bus/transit station or terminal without vehicle storage.
(1) Camera and photographic supplies, sales, and film processing.
(m) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
(n) Cellular telephone towers and antennas located on a public structure, as regulated
by Section 21175 of this Chapter.
(o) Clothes, sales and/or rental.
(p) Copy service but not including printing press or newspaper.
(q) Delicatessen/coffee house (not of the drive-in or drive-through type).
(r) Dry cleaning pick up and laundry pick up stations including incidental repair and
assembly but not including processing.
(s) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(t) Fabric and notions sales and store.
(u) Florist shops.
(v) Frozen food retail, but not including a locker plant.
(w) Gift or novelty stores.
(x) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(y) Grocery, supermarket and superstores.
(z) Hardware stores.
(aa) Hobby and craft stores.
(2)
(bb) Jewelry stores.
(cc) Leather goods and luggage stores.
(dd) Liquor, off sale.
(ee) Locksmiths.
(ff) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales.
(gg) Offices, commercial and professional.
(hh) Offices/clinics for medical, dental, or chiropractic services.
(ii) Paint and wallpaper sales.
6j) Pharmacies (not of the drive-in or drive-through type).
(kk) Plumbing, television, radio, electrical sales and such repair as an accessory use to
the retail establishment permitted within this district.
(11) Restaurants and cafes (not of the drive-in or drive-through type).
(mm) Sewing machine sales and service.
(nn) Sexually oriented businesses - accessory.
(oo) Shoe repair.
(pp) Sporting goods and recreational equipment sales, excluding motorized vehicles.
(qq) Studios - artist, music, photo, decorating, dance, etc.
(rr) Tailoring services.
(ss) Tanning salon.
(tt) Theaters (indoor only).
(uu) Toy stores.
(vv) Veterinary clinic and kennel, and pet supply sales and grooming.
(ww) Video rental and sales.
(Amended by Ord. No. 2004-02, 01/13/04
(Amended by Ord. No. 2006-04, 02/07/06)
Subd. 3. CC -OT & R.
(a) All uses permitted in CC -R & E.
(b) Commercial recreation, indoor.
(c) Funeral homes and mortuaries.
(d) Laboratories.
(e) Printing establishments, commercial.
(f) Radio and TV stations.
(g) Sports and fitness clubs.
(Amended by Ord. No. 2002-32, 11126/02)
(Amended by Ord. No. 2006-04, 02/07/06)
21475.07. ACCESSORY USES.
CC District:
Subd. 1. All sub -districts.
(Amended by Ord. No. 2005-01, 01/11/05)
(Amended by Ord. No. 2005-01, 01/11/05)
The following are permitted accessory uses within the
(3)
(a) Accessory uses incidental and customary to uses allowed as permitted,
conditional, interim, and administrative permit in this Section.
(b) Day care facilities.
(c) Fences as regulated by Section 21130 of this Chapter.
(d) Off-street parking and off-street loading as regulated by Section 21135 of this
Chapter, but not including semi -trailer trucks.
(e) Radio and television receiving antennas including single satellite dish TVROs two
(2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary
for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this
Chapter.
(f) Signs as regulated by Section 21155 of this Chapter.
Subd. 2 CC -P District. Liquor on -sale when accessory and customary to uses
allowed as permitted, conditional or interim in this Section. (Amended by Ord. No. 98-41,
12/16/98)
21475.09. CONDITIONAL USES: The following are conditional uses in a CC 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. All sub -districts.
(a) Antennas not located on an existing structure or tower, as regulated by Section
21175 of this Chapter.
(b) Essential services requiring a conditional use permit pursuant to Section 21160 of
this Chapter.
(c) Essential service structures (as defined by Section 21005 of this Chapter) that
exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public work type facilities, provided
that: (Amended by Ord. No. 2004-02, 01/13/04)
(1) Equipment is completely enclosed in a permanent structure with no
outside storage.
(4)
(d) Public garages/parking ramps as an accessory use.
(e) Religious institutions and related social events provided that:
(1) The space utilized for such activities is shared with a use allowed within
this district or occupies no more than twenty (20) percent of a multi -tenant
shopping center.
(2) Activities shall be limited to worship services and directly related social
events.
Subd. 2. CC -P District.
(a) Parking lots/ramps, as a principal use.
(b) Retail commercial activities and personal services, provided that:
(1) Merchandise is sold at retail.
(2) Personal services are limited to those uses and activities which are allowed
as a permitted or permitted accessory use within a C-1 Zoning District.
(3) The retail activity and personal services shall not occupy more than fifteen
(15) percent of the gross floor area of the building.
(4) No directly or indirectly illuminated sign or sign in excess of ten (10)
square feet identifying the name of the business shall be visible from the outside
of the building.
(5) No signs or posters of any type advertising products for sale or services
shall be visible from the outside of the building.
Subd. 3. CC -R & E District.
(a) Auto repair -minor, and tire and battery store and services, in existence on or
before [insert adoption date], 2007, provided that:
(1) There shall be no outdoor service operation of lubrication equipment,
hydraulic lifts or service pits, tire changing, drive systems repair or tuning, or
similar operations.
(2) No outside storage of parts, equipment, or inoperable vehicles shall be
allowed.
(5)
(3) Sale of products other than those specifically mentioned in this sub -section
shall be limited to those allowed in this district and shall be subject to approval as
part of the conditional use permit.
(b) Commercial car washes in existence on or before [insert adoption date], 2007, as
an accessory use as regulated by Section 21135 of this Chapter.
(c) Convenience Grocery Markets with Prepared Food and/or Motor Fuel Sales (no
vehicle service or repair) in existence on or before [insert adoption date], 2007, provided
that:
(1) Convenience/deli food is of the take-out type only and that no provision
for seating or consumption on the premises is provided. Furthermore, that the
enclosed area devoted to such activity, use and merchandise shall not exceed
fifteen (15) percent of the gross floor area.
(2) The storage, preparation and serving of food items are subject to the
approval of the Zoning Administrator who shall provide specific written sanitary
requirements based upon the applicable State and County regulations.
(3) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use
permit. Outside display of merchandise shall be allowed by administrative permit,
pursuant to Section 21475.13, Subd. 5 of this Chapter. (Amended by Ord. No.
2006-04, 02/07/06)
(4) The off-street loading space(s) and building access for delivery of goods
shall be separate from customer parking and entrances and shall not cause
conflicts with customer vehicles and pedestrian movements.
(5) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless
extended by the Council as part of the conditional use permit.
(6) Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas pumps
and to allow maneuverability around the pumps. Underground fuel storage tanks
are to be positioned to allow adequate access by motor fuel transports and
unloading operations which do not conflict with circulation, access and other
activities on the site. Fuel pumps shall be installed on pump islands.
(7) A protective canopy located over pump islands may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained. All
canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section
(6)
21105.06 of this Chapter. (Amended by Ord. No. 2001-06, 02/13/01) (Amended
by Ord. No. 2006-04, 02/07/06)
(8) Litter Control. The operation shall be responsible for litter control within
three hundred (300) feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on site to
facilitate litter control.
(d) Day care nursery facilities as a principal use provided that:
(1) The use complies with the provisions of Section 21150 of this Chapter.
(e) Liquor on -sale when accessory to a restaurant.
(f) Entertainment, live, in association with a restaurant.
(g) Tutoring/learning centers. (Amended by Ord. No. 2006-28, 11/14/06)
Subd. 4. CC -OT & R District.
(a) Day care facilities as a principal use provided that:
(1) The use complies with the provisions of Section 21150 of this Chapter.
(b) Multiple family dwellings (apartments, condominiums, townhouses, and similar
attached housing) as part of a mixed land use development, provided that residential
density does not exceed twenty (20) dwelling units per acre.
(Amended by Ord. No. 2007-05, 01/23/07)
21475.11. INTERIM USES: Subject to applicable provisions of this Chapter, the following
are interim uses in the CC District and are governed by Section 21020 of this Chapter:
Subd. 1. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
21475.13. 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 a CC District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or tower.
(7)
Subd. 2. Essential services requiring a permit from the City Engineer as provided-
by
rovidedby Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) 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 structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.-
Subd. 5. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salt, etc.) as an accessory use in association with an allowed
principal use as regulated by Section 21455.11, Subd. 5 of this Chapter. (Amended by Ord. No.
2006-04, 02/07/06)
Subd. 6. Other uses of the same general character as those listed as a permitted use
in this district and the respective sub -district.
Subd. 7. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers which are used in conjunction with the approved principal use, but not for sale, as
regulated by Section 21455.11, Subd. 6 of this Chapter. (Amended by Ord. No. 2001-06,
02/13/01) (Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord. No. 2007-05, 01/23/07)
Subd. 8. Temporary mobile towers for personal wireless service antennas.
Subd. 9. Temporary outdoor events and sales as regulated by Section 21455.11,
Subd. 9 of this Chapter. (Amended by Ord. No. 99-20, 07/20/99) (Amended by Ord. No. 2006-
04, 02/07/06)
Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2004-02, 01/13/04) (Amended
by Ord. No. 2005-01, 01 /11 /05)
(8)
21475.15. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a CC District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
(Amended by Ord. No. 2001-06, 02113101)
21475.17. SPECIAL DESIGN AND PERFORMANCE STANDARDS. The following
special design and performance standards shall be observed in the CC District subject to the
additional standard requirements, exceptions and modifications set forth in this Chapter:
Subd.1. Parking:
(a) No parking spaces shall be located between the front of the principal structure and
the abutting front lot line.
(b) No more than fifty (50) percent of the parking provided on the lot shall be located
in front of the rear building line to the front yard lot line.
(c) No parking spaces shall be located on corner lots at the point of street
intersections.
(d) A reduction of up to ten (10) percent in the number of required off-street parking
spaces may be approved by the Zoning Administrator in the case of shared parking areas
between abutting uses.
101
(e) A reduction of one (1) parking space from the number of required off-street
parking spaces may be approved by the Zoning Administrator for each on -street parking
space provided at the lot frontage on a public street.
Subd.2. Loading:
(a) Loading areas and docks, as required by Section 21135 of this Chapter, shall be
limited to the rear of the principal building.
(b) Special landscape screening or building design measures shall be required to
minimize and limit the visual impact of loading docks and areas.
Subd. 3. Pedestrian Circulation:
(a) Each property shall be responsible for the installation and maintenance of a
sidewalk pursuant to City standards at all lot lines abutting streets except Highway 55.
(b) Each property shall provide a sidewalk pursuant to City standards from the front
lot line to the main entrance of the principal structure.
(c) Each property shall provide a designated pedestrian circulation system through
and from off-street parking areas into the principal structure. This circulation system
shall also connect to circulation systems of adjacent properties.
(d) Properties which are adjacent to the pedestrian spine shall be required to dedicate
land or provide easements as may be applicable for the spine and shall make appropriate
landscape improvements and pedestrian connections.
(e) All crosswalks across public or private drives shall be a minimum of five feet (5')
wide and shall be constructed with a distinctive paving material, as approved by the City.
Subd.4. Landscaping:
(a) The dominant tree species and planting patterns utilized on site shall be the same
as the species of street tree and planting patterns to the front of the property except as
provided below.
(b) The periphery of all parking lots shall be landscaped and screened in compliance
with Section 21130 of this Chapter and the City Center provisions of the Comprehensive
Plan.
(c) Berms shall not be allowed.
(d) Water quality ponding areas shall be designed and landscaped in a park -like
character, as specified by the City Center portion of the Comprehensive Plan. Water
(10)
quality ponds shall also be designed to City engineering standards. If an alternative
design is required, City approved plantings shall be installed as opposed to fencing.
(e) Existing trees shall be maintained and preserved to the extent possible and in
compliance with Section 21130 of this Chapter.
(f) The landscaping of areas along pedestrian corridors shall have a consistent
character throughout the City Center Zoning Districts and shall be comprised of design
and landscape features as specified by the City Center portion of the Comprehensive Plan.
(g) Site adjacent to the pedestrian spine shall provide landscaping adjacent to the
spine.
(h) Shade trees shall be planted in all parking lot islands. A minimum of one (1) tree
shall be planted in each island and one (1) tree shall -be planted for each 100 square feet of
island.
(i) A consistent landscaped edge, utilizing plant materials and/or decorative
hardscape, shall be constructed between parking areas and streets.
0) The edges of sidewalks and trails shall be reinforced with street trees, plantings,
pedestrian -scale street lights and other similar amenities.
Subd. S. Plazas.
(a) All properties with principal buildings in excess of thirty thousand (30,000)
square feet shall be required to have a public plaza area(s).
(b) The design of plazas shall include special paving, benches, trash receptacles,
lighting fixtures and other similar type features which comply with the Comprehensive
Plan and City specifications.
Subd. 6. Signs are regulated by Section 21155 of this Chapter. (Amended by Ord.
No. 2007-05, 01123107)
Subd. 7. Buildings.
(a) All sides of buildings shall have an equal appearance in terms of materials
and general design.
(b) The architectural appearance, including building character, permanence,
massing, density and composition, scale, construction materials, and functional
plan of all principal buildings shall comply with the Comprehensive Plan.
(Amended by Ord. No. 2001-06, 02113101)
(c) All principal buildings shall have an entry on the street.
(d) The major building massing of the principal structure shall parallel the
street frontage of the lot.
(e) Trash and recycling storage areas shall be designed internal to the
principal building and shall not be allowed in an external fenced structure.
(f) Building elevations shall be articulated to reduce the apparent size and
undulate their facades.
(g) Buildings shall provide a base and top to their architecture.
(h) The tops of buildings shall be articulated to minimize "box" -like images.
(i) Buildings shall be architecturally unique and shall not be of corporate
architecture (including roof patterns, corporate colors, architectural elements, and
similar treatments).
0) Large blank exterior wall surfaces shall be prohibited; walls shall be
articulated, especially with windows.
(k) Buildings shall comply with the following -list of allowable and prohibited
materials:
(1) Allowable Materials.
a. Easily maintained materials that are durable and attractive
at close distances (e.g., from the view of a pedestrian).
b. Materials that have an attractive pattern, texture, and
quality detailing.
C. brick, stone, or high-quality pre -cast concrete (colored and
textured).
d. Metals with matt finish and with neutral or earth tone
colors; metals that are used for exterior walls should have visible
corner moldings and trim.
e. Transparent glass.
f. Canvas awnings.
(2) Prohibited materials.
a. Non -durable siding materials such as plywood, corrugated
metal or fiberglass, or other materials that decay rapidly when
exposed to the elements.
b. Materials that have no pattern or relief, especially when
those materialse applied to large wall surfaces.
C. Simulated brick or stone.
d. Wood, except as accent materials or in elements that are
integrated with other "desired" materials.
(12)
e. Mirrored glass, especially mirrored glass that faces an
active pedestrian street.
f. Materials that represent corporate colors, patterns, or
trademarks.
g. Brightly colored metal roofing or canopies.
h. Concrete that is not enhanced as indicated under "Desired
Materials" above, especially pre -cast, tilt -up walls.
i. Synthetic awnings and awnings designed to be illuminated
from within.
Subd.8. Lighting.
(a) Lighting as regulated by Section 21105.06 may be allowed subject to the
limitation noted below.
(b) The height of a freestanding luminaire shall not exceed twenty-five (25)
feet. (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2004-30,
11 /23/04)
Subd. 9. Other. Other special design features and requirements as specified in the
Comprehensive Plan Appendix shall be required as applicable to respective properties within the
district.
(Amended by Ord. No. 2000-27, 07/11/00)
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on November 13; 2007.
ATTEST:
X,
Sandra R. EngdaKI, City Clerk
(13)
Uk U�
Kelli Slavik, Mayor