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HomeMy WebLinkAboutCity Council Ordinance 2011-06CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2011-06 AN ORDINANCE AMENDING CHAPTERS 1, 41 51 AND 13 OF THE PLYMOUTH CITY CODE (2010070) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 105.01, Subd. 83 of the Plymouth City Code (DEFINITION OF TERMS; INTERPRETATION; CONFLICTS—DEFINITIONS OF COMMONLY USED TERMS) is amended as follows: Subd. 83. "Wild Animal" means any animal that is wild, ferocious, or vicious by nature, habit, disposition, or character. Animals in this category include, but are not limited to, any ape, [including chimpanzee, gibbon, gorilla, orangutan, or siamang], baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer, [including all members of the deer family such as elk -,antelope, elk, and moose], elephant, ferret, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma; [also known as cougar, mountain lion, or pantherl, raptor, rhinoceros, any snake ,e that is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. (Ord. 98-24, 7/22/98; Ord. 99-04; 1/19/99) SECTION 2. Amendment. Section 420 of the Plymouth City Code (FENCES) is repealed as follows: Section 420 - [Repeated I Fencer, (1) (d) 14eig ,+ of the pr-eposed f nee „ wall, a ffleasur-ed fr-of,., the gr-eu „a to the topmost paft. i a Y. • \ • �. WWWR r SECTION 3. Amendment. Section 510.03, Subd. 7 (a) (8) of the Plymouth City Code (PRELIMINARY PLAT—APPLICATION REQUIREMENTS) is amended as follows: (8) .Extent of any proposed modifications to land within the Special Protection Districts as described in Sections 21660 (floodplain), 21665 (shoreland), and 21670 (wetlands) of Chapter 21 (zoning ordinance) of this Code. (2) SECTION 4. Amendment. Section 512.03, Subd. 2 (a) of the Plymouth City Code (FINAL PLAT PROCEDURE—APPLICATION REQUIREMENTS) is amended as follows: (a) wee -One specification books for construction of public improvements. SECTION 5. Amendment. Section 516.05 of the Plymouth City Code (ADMINISTRATION - VARIANCES—REVIEW CRITERIA) is amended as follows: 516.05. Review Criteria. Subd. 1. The Council shall not approve a variance unless they find failufe to grant th var-ianeewill r-esult in a hardship to the appheant, and, as may be appheable- all of that the following criteria, as applicable, have been met: (a) 'T hM boeauso of The granting of the variance would alleviate an unusual hardship related to the parfieu4w-physical surroundings, shape, or topographical conditions of the specific parcel of land involved; a paf ieular hafdship to theowner- would re • lt,-as mea ou . Unusual hardship includes, but is not limited to, inadeauate access to direct sunlight for solar enersystems. (eb) The granting of the vaFiation will -Variance would not be detrimental to the public welfare or injurious to other landor- eats i the ae gMe heed in •Whie the ..reel of land is lee *e`' nearby properties. Y. UNION W11whilLaz ";V (gc)The requested variance is the minimum action required toelimiame alleviate the hardship. (3) SECTION 6. Amendment. Section 522.13 of the Plymouth City Code (DEVELOPMENT CONTRACT—RELEASE AND EXPIRATION OF FINANCIAL GUARANTEES) is amended as follows: 522.13. Release and Expiration of Financial Guarantees. Subd. 1. The financial guarantee shall be held by the City until, upon written notice by the subdivider and certification from a professional engineer that part or all of the required improvements have been completed and upon verification of such by the City staff, a portion or all of the financial guarantee is released by the City- *gineer. No financial guarantee shall be released in full until the City Engineer has received 1) certified, reproducible record plans of all required improvements installed by the subdivider_, and 2) a title insurance policy approved by the City Attorney indicating that the improvements are free and clear of any and all liens and encumbrances. Subd 2. It shall be the responsibility of the subdivider to ifisufe ensure that a submitted financial guarantee shall continue in full force and effect until the City E*ginee�has approved and accepted all of the required improvements, and thereby is authorized to release the guarantee reduee the amount of theguarantee as provided in Subd. 1 above. Subd. 3. When any instrument submitted as a financial guarantee contains provision for an expiration date, after which the instrument may not be drawn upon, not withstanding the status of the Development Contract or of the required improvements, the expiration date shall be October 31 or the closest business day in the case of weekends and legal holidays. Further, the financial guarantee shall be deemed automatically extended without change for six months successive one-year terms from the original expiration date unless_, at least 60 days prior to the expiration date or next annual renewal date, the financial institution notifies the City in writing by certified mail that it does not elect to renew the financial guarantee for an additional period. If the instrument is not to be renewed and has not been released by the City—, another acceptable financial guarantee in the appropriate amount shall be submitted at least 60 days prior to the expiration. The tenn of any exteasien shall be appr-eved by the City Engineer- and 9* te the r-equir-emei#s of "s Upon receipt of an acceptable substitute financial guarantee, the City Rn e may release the original guarantee. SECTION 7. Amendment. Section 522.15 of the Plymouth City Code (DEVELOPMENT CONTRACT—WARRANTY/MAINTENANCE GUARANTEE) is amended as follows: 522.15. Warranty /Maintenance Guarantee. Subd. 1. The subdivider shall submit or maintain a letter of credit for 25 percent of the original amount of the original costs, and for the duration specified, of -for the following improvements-_ (4) (a) The required warranty period for materials and workmanship related to installation of public sanitary sewer, storm sewer, and water mains shall be two years from the date of final written City acceptance of the work. (b) The required warranty period for all work r-elati ig-related to street construction, including concrete curb and gutter, sidewalks and trails, materials., and equipment shall be s*eet to one year from the date of final written Cily acceptance of the work. (c) The required warranty period for sod, trees, and landscaping excludin landscaping related to wetland mitigation) is -shall be one growing season/winter cycle following installation. Subd. 2. The required warranty and warranty period for all work and materials related to wetland mitigation shall be pursuant to, and in accordance with, Minnesota Rules, Chapter 8420. SECTION 8. Amendment. Section 530.17 of the Plymouth City Code (TREE PRESERVATION—CITY ACTION) is amended as follows: 530.17. City Action. A tree preservation plan and reforestation plan, including the designation of any natural preserves, shall be considered for approval or denial by the City Council as part of the review of a preliminary plat. plan shall be eensider-ed for- approval er- denial by the Zefii� Administreter- as paFt of the r-e-vciew ef a miner- subdivisien. Acay aatwa4 preserves inebaded in a fequest for- minor- subdi,.4sien be sider-ed f appr-evaler- deiiial by the City Couneil. SECTION 9. Amendment. Section 1305.15, Subd. 1 of the Plymouth City Code (STREETS; TRAFFIC—BICYCLE LANES AND WAYS) is amended as follows: 1305.15. Bicycle Lanes and Ways. Subdivision 1. Establishment. Pursuant to the authority contained in Minnesota Statutes, Section 160.263, as amended, the marked and posted portions of the following public streets and roadways are hereby designated as bicycle lanes and ways: (5) (a) County Road 24 between County Road 101 and the western border of Plymouth; (b) County Road 6 between County Road 101 and the western border of Plymouth; (c) Dunkirk Lane between Old Rockford Road and Rockford Road (County Road 9); (d) Vicksburg Lane between County Road 6 and Gleason Lake Road; (e) County Road 15 between Vicksburg Lane and the southern border of Plymouth; (f) Juneau Lane between County Road 6 and 14th Avenue; 10 Avenue between Juneau Lane and Harbor Lane; Harbor Lane between 14`x` Avenue and 13`h Avenue; 13`h Avenue between Harbor Lane and Harbor Lane; Harbor Lane between the northernmost segment of 13d' Avenue and the southernmost segment of 12'h Avenue; 12`h Avenue between Harbor Lane and Harbor Lane; Harbor Lane between 12th Avenue and the Luce Line Trail; (g) Pineview Lane between Northwest Boulevard (County Road 61) and Schmidt Lake Road; (h) Schmidt Lake Road between Pineview Lane and Nathan Lane; (i) Larch Lane between Schmidt Lake Road and Old Rockford Road; 0) 36th Avenue between Zachary Lane and Lancaster Lane; (k) Sunset Trail between Xenium Lane (County Road 61) and Zachary Lane (County Road 73); (1) Zachary Lane (County Road 73) between Sunset Trail and Ridgemount Avenue; and (m) Ridgemount Avenue between Vinewood Lane and Zachary Lane (County Road 73). SECTION 10. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED on February 22, 2011. ATTEST: (6) U&tw�� Kelli Slavik, Mayor CITY OF PLYMOUTH RESOLUTION NO. 2011-065 APPROVING SUMMARY PUBLICATION OF ORDINANCE NO'S. 2011-05 AND 2011-06 CHAPTERS 1, 4, 5,13p AND 21 OF THE PLYMOUTH CITY CODE Ordinance No's 2011-05 and 2011-06 amend Chapters 1, 4, 5, and 13 of The Plymouth City Code, and also amend Chapter 21 of The Plymouth City Code entitled The Plymouth Zoning Ordinance. This resolution pertains to the annual update to the zoning ordinance and city code adopted by the city council on February 22, 2011, and consists of both technical and substantive amendments. The ordinance contains amendments to the following articles: SECTION 105 — DEFINITION OF TERMS, INTERPRETATION; CONFLICTS SECTION 420 — FENCES SECTION 510 — PRELIMINARY PLAT SECTION 512 — FINAL PLAT PROCEDURE SECTION 516 —ADMINISTRATION —VARIANCES SECTION 522 — DEVELOPMENT CONTRACT SECTION 530 —TREE PRESERVATION SECTION 1305 — STREETS; TRAFFIC SECTION 21005 — RULES AND DEFINITIONS SECTION 21020 — ADMINISTRATION — INTERIM USES SECTION 21045 — SITE PLAN REVIEW SECTION 21105 — GENERAL BUILDING AND PERFORMANCE STANDARDS SECTION 21135 — OFF-STREET PARKING AND LOADING SECTION 21150 — DAY CARE FACILITIES SECTION 21155 — SIGN REGULATIONS SECTION 21175 — ANTENNAS SECTION 21185 — LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS SECTION 21450 — O, OFFICE DISTRICT SECTION 21455 — C-1, CONVENIENCE COMMERCIAL 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 SECTION 21560 —1-1, LIGHT INDUSTRIAL DISTRICT SECTION 21565 —1-2, GENERAL INDUSTRIAL DISTRICT Summary Resolution No. 2011-065 Page 2 of 2 SECTION 21570 —1-3, HEAVY INDUSTRIAL DISTRICT SECTION 21650 — PI PUBLIC/INSTITUTIONAL DISTRICT SECTION 21665 — SHORELAND MANAGEMENT OVERLAY DISTRICT SECTION 21670 — WETLANDS DISTRICT ADOPTED on February 22, 2011.