Loading...
HomeMy WebLinkAboutCity Council Ordinance 2000-06CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2000-06 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, THE PLYMOUTH ZONING ORDINANCE (99096) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendments. The text of Chapter 21 of the City Code, the Plymouth Zoning Ordinance, is hereby amended as follows: A. SECTION 21005 (DEFINITIONS) IS HEREBY AMENDED AS FOLLOWS: ggpo;aj loGa-tion and rnjn4joas ip of g#oeto dri;,nwayg rnnruo4ion Glare: The effect produced by the intensity and direction of any artificial illumination sufficient to cause an impairment or temporary loss of vision. Uniformity Ratio: The maximum level of illumination in relation to the lowest level of illumination for a given area as measured in foot-candles. Sign related: (k) Non -Conforming Sign: Any sign which existed prior to the adoption of this Chapter and does not conform to the requirements herein. B. SECTION 21045.02 (EXCEPTIONS TO SITE PLAN REVIEW) IS HEREBY AMENDED AS FOLLOWS: The following shall be excepted from the foregoing requirements: Subd. 1. Agricultural d uses in the FRD Zoning District, with the exception of nurseries, greenhouses, landscape gardening and tree farms. Subd. 2. Single family detached dwellings. Subd. 3. Two family attached dwellings. File #99096 Page 2 C. SECTION 21100.02 (GENERAL PROVISIONS FOR NON -CONFORMING LOTS) IS HEREBY AMENDED AS FOLLOWS: Subd. 7. Non -Conforming Lots C. Minimum Lot Size. Sewered Lots. A lot of record having direct access to municipal sewer and water may be developed in accordance with this Chapter provided measurements for lot area and width are within seventy (70) percent of the requirements of the base zoning district. Unsewered Lots. A lot of record not having access to municipal sewer and water may be developed provided it complies with Section 21115.08 of this Ch.,pt and other applicable standards of this Chapter. D. SECTION 21105.06 (GLARE) IS HEREBY AMENDED AS FOLLOWS: 21105.06. EXTERIOR LIGHTING: Except within RSF zoning districts, all exterior lighting shall comply with the following standards: Subd. 1. Maximum Intensity of Lighting and Glare: (a) Any light or combination of lights shall not exceed one-half (1/2) foot candle (meter reading) as measured from the property line or the center line of a public street. (b) Any lighting shall be arranged so as not to produce glare beyond the property line. Lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate glare. 2 File #99096 Page 3 Subd. 2. Minimum Intensity of Lighting: (a) The following lighting requirements are established for personal and traffic safety and crime prevention: Use Min. Illumination Maximum/Minimum Uniformity Ratio Commercial Parking lots 0.9 -foot candles 12:1 Industrial Parking Lots 0.6 -foot candles 12:1 Residential and P/I Parking Lots 0.2 -foot candles 10:1 Parking structures 5 -foot candles Pedestrian walkways and 20 -foot candles stairwells Entrances and exits 30 -foot candles Pedestrian access to a building 5 -foot candles 6:1 1. The minimum light at the point of least illumination when measured at ground level. 2. Applies to multi -family buildings with 12 or more units. 3. Applies to commercial, industrial, and multi -family buildings with 12 or more units. The minimum illumination standards shall only apply to the primary entrances) of the building. (b) The Zoning Administrator may approve exceptions to the minimum lighting requirements based on the type of use, site characteristics, and the location and type of adjacent land uses. (c) In no instance may required lighting have a greater maximum/minimum uniformity ratio than identified in Section 221105.06 Subd 2 (a), unless approved by the Zoning Administrator. In reviewing a request to deviate from this standard, the Zoning Administrator shall consider the type of use, site characteristics, and the location and type of adjacent land uses. (d) The minimum illumination levels identified in Subd. 2. (a) above shall apply during the normal business hours of the building for which the parking lot serves. Subd. 3. General Performance Standards: (a) Luminaires mounted vertically on a wall or structure shall have a cutoff angle of less than or equal to sixty-six (66) degrees. (b) Luminaires mounted horizontally on a wall or structure shall have a cutoff angle of less than or equal to ninety (90) degrees (c) All freestanding luminaires must have a cutoff angle equal to or less than ninety (90) degrees. File #99096 Page 4 (d) The height of a freestanding luminaire shall not exceed thirty (30) feet or extend above the roof line of the principal building, whichever is less. When a luminaire is located within three hundred (300) feet of a residential property, the height of the luminaire shall not exceed twenty- five (25) feet or extend above the roof line of the principal building, whichever is less. (e) Free-standing luminaires used for outdoor athletic fields and recreation areas that exceed the height limitation may be approved by conditional use permit. (f) All canopy lighting for motor fuel stations shall comply with Section 21455.07, Subd 2. of this Chapter. (g) Accent lighting used to highlight building facades, foliage, or selected architectural features shall be permitted provided the light source is shielded. (h) Any lighting in existence before the effective date of this ordinance that does not comply with the requirements shall be considered legally non -conforming. However, if a property owner proposes to replace fifty (50) percent or more of the existing exterior light fixtures or standards in any one (1) year period, the fixtures or standards must be replaced in conformance with this Chapter. D. SECTION 21105.10 (NOISE) IS HEREBY AMENDED AS FOLLOWS: Noises emanating from any use shall be in compliance with and regulated by Section 2025 of the City Code.tbe Stare sf Miwwseta p^» CoQUol E. SECTION 21105.11 (OUTSIDE STORAGE/DISPLAY) IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Residential Zoning Districts. (a) Exceptions. All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: (1) Play and recreational facilities. (2) Stacked firewood for the burning supply of the property resident. File #99096 Page 5 (3) Construction and landscaping materials or equipment, if these are used or intended for use on the premises within a period of three 3 tai'*'..:. months, unless there is an active building permit issued for improvements on the property, or as otherwise approved by the Zoning Administrator. (4) Agricultural equipment and materials, if these are used or intended for use on the premises within a period of twelve (12) months. (5) Off-street parking of licensed passenger automobiles and personal or commercial vehicles of less than twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) in designated driveway or parking area, surfaced in compliance with Section 21135.07, Subd. 1. of this Chapter. (6) Recreational Vehicles and Equipment, provided they are located in a side or rear yard, or in a designated driveway or parking area that is surfaced in compliance with Section 21135.07, Subd 1. of this Chapter. F. SECTION 21105.16 (OPEN SPACE AND COMMON AMENITIES) IS ADDED AS FOLLOWS: 21105.16. COMMON OPEN SPACE AND AMENITIES: Subd. 1. Common private open spaces or amenities may be allowed as part of a PUD or property subdivision, or by conditional use permit subject to the provisions of this Chapter. Subd. 2. Operating and Maintenance Requirements for Common Open Space and Amenities: Whenever common public open space or amenities are provided, provisions shall be made to assure the continued operation and maintenance of such open space or amenities to a predetermined reasonable standard. Common private open space and amenities may be placed under the ownership of one or more of the following, as approved by the City Council: (a) Landlord control, where only use by tenants is anticipated. (b) Property owners association, provided all of the following conditions are met: (1) Prior to the use, occupancy, sale or the execution of contracts for sale of individual buildings, units, lots, parcels, tracts or common areas, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Minnesota Statutes 515, Article 2 and a set of floor plans such as specified by Minnesota Statutes 515, Article 2-110 shall be filed with the City of Plymouth. Said filing with the City is to be made prior to the filings of said declaration or document or floor plans with the recording officers of the County. 5 File #99096 Page 6 (2) The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, lots, parcels, or tracts shall subject said properties to the terms of said declaration. (3) The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing adequate private control. (4) The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Plymouth or fails to pay taxes or assessments on properties as they become due and in the event the said City of Plymouth incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Plymouth shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. (5) Membership must be mandatory for each owner, and any successive buyer. (6) The open space restrictions must be permanent and not for a limited period of years, unless specifically approved by the City. G. SECTION 21115.04 (YARDS) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. The following shall not be considered as encroachments on yard setback requirements. (b) Terraces, steps, decks, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or -and to a distance less than six (6) feet from a side or rear lot line, or a front lot line which qualifies as an equivalent rear or side yard as defined by this Chapter. No encroachment shall be permitted in existing or required drainage and utility easements. File #99096 Page 7 (c) In rear yards, recreational equipment (non -vehicular), laundry drying equipment, arbors and trellises, detached outdoor living rooms and gazebos not exceeding five hundred (500) square feet, and air conditioning or heating equipment not exceeding established State noise levels, provided they are at a distance of *o^ (n' foo* _ix 6 feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements. H. SECTION 21120 (ACCESSORY BUILDINGS, STRUCTURES, USES AND EQUIPMENT) IS HEREBY AMENDED AS FOLLOWS 21120.01. RESIDENTIAL USES: Subd. 1. No accessory use, building, structure or equipment shall be allowed within a front yard, except that an accessory use, building or structure may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this Chapter, provided it meets the minimum front yard setback specified for the principal building on the lot. Subd. 2. Within the FRD and RSF Zoning Districts, an attached private garage not exceeding one thousand (1,000) square feet shall be considered an integral part of the principal building 4o it by a passagoway aa" and such garages are exempt from the provisions of this section. Attached private garages in excess of 1,000 square feet are not permitted, except by conditional use permit. Subd. 53. Except in the FRD Zoning Districts, a conditional use permit is required for „^ buil a;gg po,a4it shall be issuad fo; the construction of more than one (1) detached accessory building in excess of 120 square feet in gross floor are 7 File #99096 Page 8 Subd. 4. In addition to other accessory buildings, one building not to exceed one hundred twenty (120) square feet in gross floor area shall be permitted. Subd. S. No building permit shall be required for buildings one hundred twenty (120) square feet in gross floor area or less. 21120.03. SIZE: Subd. 1. In FRD and RSF Zoning Districts, no accessory building, including a detached private garage, for a single family dwelling shall equal more than thirty (30) percent of the area of the rear yard or one thousand (1,000) square feet, whichever is less. Furthermore, the gross floor area of the accessory building shall not exceed the gross floor area of the principal building, except by conditional use permit. . Subd. 2. In RMF Zoning Districts, the total gross floor area of a private garage for a single family detached dwelling shall not exceed one thousand (1,000) square feet or the gross floor area of the dwelling, whichever is less, except by conditional use permit. Subd. 3. Except in the case of single family detached dwellings, accessory buildings for all other uses shall not exceed thirty (30) percent of the gross floor area of the principal buildings. In those cases where the standards are exceeded, a conditional use permit shall be required. Subd. 4. The maximum height of accessory buildings or structures shall be as prescribed in the applicable district, except that the height of the accessory building shall not exceed the height of the principal structure. 21120.04. CONDITIONAL USE PERMITS: Application for a conditional use permit under this section shall be regulated by Section 21015 of this Chapter. Such a conditional use permit for an accessory structure may be granted provided that: Subd. 1. There is a demonstrated need and potential for continued use of the structure for the purpose stated. Subd. 2. In the case of residential uses. no commercial or home occupation activities are conducted on the property. File #99096 Page 9 Subd. 3. The building has an evident reuse or function related to the principal use. Subd. 4. The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 21120.4405. SETBACKS: Accessory buildings shall be set back from adjoining lots as prescribed in the applicable district and shall not be located within a drainage or utility easement. 21120.9606. TIME OF CONSTRUCTION: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 21120.9607. BUILDING MATERIALS: Except in the FRD Zoning District, all accessory buildings in excess of one hundred twenty (120) square feet that are accessory to residential dwelling units shall be constructed with a design consistent with the general character of the principal structure on the lot. 21120.908. TRASH RECEPTACLES: Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: G] File #99096 Page 10 I. SECTION 21130.01 (FENCE/WALL REGULATIONS) IS HEREBY AMENDED AS FOLLOWS: Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls within the City shall be subject to the following general provisions: (g) A fence shall be required on the top of a retaining wall that exceeds four (4) feet in height and that is located adjacent to a public right-of-way or pedestrian walkway. The Zoning Administrator may grant exceptions to this requirement if the retaining wall does not pose a public safety concern. Subd. 5. Specific Fence Standards. Except as otherwise provided herein, fences may be allowed subject to the following specific standards: (a) Man-made fences not exceeding six (6) feet in height 3A," opaQ45 than (°Q' p@;i;@ 4 may be permitted at or behind the front building line as established by the principal structure. Said fence may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this Chapter. J. SECTION 21135.05 (LOADING SPACE SCREENING AND LANDSCAPING) IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Off -Street Loading Areas. Loading areas established after 7 March 1995 shall be prohibited within three hundred (300) feet of residentially zoned or guided property unless completely screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of berms, fences, or walls to provide one hundred (100) percent opacity to a height of at least ten (10) feet. The height of the screening shall be measured from the grade of the loading areas. K. SECTION 21135.07 (PARKING AREA DESIGN) IS HEREBY AMENDED AS FOLLOWS: Subd. 5. Design. (n) Driveway Access Minimum. Each property other than single family uses shall be allowed one (1) driveway access for each one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) driveway access. Single family uses shall be limited to one (1) driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator. Except as otherwise approved by the Zoning 10 File #99096 Page 11 Administrator, single family uses shall not access arterial and major collector streets. In such cases, if a lot does not have frontage upon a local street and where driveway access to arterial and major collector streets is determined necessary by the Zoning Administrator, joint access through the use of shared curb cuts and access easements shall be utilized to the extent possible. L. SECTION 21135.08 (OFF-STREET PARKING LOCATION) IS HEREBY AMENDED AS FOLLOWS: Subd. 5. In the case of single family, two family, townhouse, and manor home dwellings, parking shall be prohibited: (a) Within three (3) feet of any side or rear lot line. (b) Within any established drainage or utility easement, unless approved by the City Engineer. M. SECTION 21135.14 (LOADING SPACE DESIGN AND MAINTENANCE) IS HEREBY AMENDED AS FOLLOWS: Subd.4. Location. (a) Off -Street. All required loading spaces for a non-residential use shall be off-street and located on the same lot as the building or use to be served. (b) Distance from Intersection. All loading space curb cuts shall be located at minimum fifty (50) feet from the intersection of two (2) or more street rights-of- way. This distance shall be measured from the property line. (c) Distance from Residential Use. Loading areas established after 7 March 1995 shall be prohibited within three hundred (300) feet of residentially zoned or guided property wiGludiag ^ubki; ;iglus-og way, unless completely screened by an intervening building. Loading areas not requiring screening by an intervening building shall be screened from adjacent residentially zoned or guided property by the use of berms, fences, or walls to provide one hundred (100) percent opacity to a height of at least ten (10) feet. The height of the screening shall be measured from the grade of the loading areas. 11 File #99096 Page 12 N. P. SECTION 21145.04 (HOME OCCUPATIONS) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. General Provisions. (g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling_ e"^o"* to the exte-,+ author--i-Md, by SoGtio;i =155 ofthils Chapter. SECTION 21150.04 (DAY CARE FACILITIES) IS HEREBY AMENDED AS FOLLOWS: Subd. 3. Buffering. Unless exempted by the Zoning Administrator, where an outdoor play area of a day care facility .buts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights-of-way. All of the required fencing and screening shall comply with the fencing and screening requirements of Section 21130.03 of this Chapter. Subd.-6 5. Off -Street Loading. Off-street loading space in compliance I with Section 21135 of this Chapter shall be provided. Subd. 6. Signage. All signing and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter. Subd.-S 7. Compliance with State Requirements. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly. SECTION 21155.03 (SIGNS — DISTRICT REQUIREMENTS) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. (b) All Districts. The following signs are permitted in all zoning districts subject to applicable administrative procedures of Section 21155.04. (4) Public Announcement Signs. Temporary signs for non-commercial announcements by civic groups shall not exceed thirty-two (32) square feet in surface area. For city-wide and free community events, up to three (3) such signs per event may be permitted with a maximum surface area not to exceed three hundred (300) square feet. Such signs shall be located at least ten (10) feet from lot lines, and shall be removed when the 12 File #99096 Page 13 intended purpose has been fulfilled. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign_ Subd. 2. (c) Signs for Non -Residential Uses (2) Wall signage shall be permitted on one wall of allowed non- residential uses; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall -to which the sign is attached, whichever is greater. Subd. 4. (c) Business Signs (3) One (1) freestanding business sign not to exceed aia@16.. six (96 one hundred (100) square feet in surface area or thirty-six (36) feet in height, and set back at least ten (10) feet from lot lines. Subd. 5. (b) Business Signs (3) One (1) freestanding business sign not to exceed PiReAy. (964 one hundred (100) square feet in surface area or thirty-six (3 6) feet in height, and set back at least ten (10) feet from lot line. Subd. 6. Public Institutional Districts. (b) One monument sign per street frontage, provided that: (1) The sign does not exceed sixty four (64) square feet in surface area or ten (10) feet in height. The sign shall be set back at least ten (10) feet from lot lines. (Amended by Ord. No. 99-5, 01/19/99) ( 2� The sign may be single or double faced. (44(3) Product or service advertising is prohibited. 13 File #99096 Page 14 Q. SECTION 21185 (CONDITIONS FOR LAND FILL AND GRADING OPERATIONS) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. Landfill Operations. (b) Unless expressly extended by permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through-SaUwJay Friday, and 8:00 AM to 6:00 PM on Saturday. Subd. 2. Land Excavation/Grading Operations. (b) Unless expressly extended by permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through'+ Friday, and 8:00 AM to 6:00 PM on Saturday. R. SECTION 21350.05 (FRD ACCESSORY USE STANDARDS) IS HEREBY AMENDED AS FOLLOWS: Subd. 9. Recreational vehicles and equipment parking and storage as regulated by Section 21105.131 of this Chapter. S. SECTION 21375.07 (RMF -1 CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. All conditional uses, subject to the same stipulations as allowed in an RSF-4 District. Subd. 2. Residential facility serving more than sixteen (16) persons. Subd. 3. Single family detached dwellings. T. SECTION 21380.07 (RMF -2 CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: Subd. 1. All conditional uses, subject to the same stipulations as allowed in an RMF -1 District. 14 File #99096 Page 15 U. SECTION 21450.03 (PERMITTED USES IN THE O -R, OFFICE RESIDENTIAL DISTRICT) IS HEREBY AMENDED AS FOLLOWS: 21450.03. PERMITTED USES: The following are permitted uses in a O -R District: Subd. 1. Banks, savings and loans, credit unions and other financial institutions, not including drive -up tellers. Subd. 2. Commercial and professional offices. Subd. 3. Dwelling, elderly (senior citizen). Subd. 4. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 5. Funeral homes and mortuaries. Subd. 6. Medical, dental and chiropractic offices and clinics. Subd. 7. Private clubs and lodges. Subd. 8. Residential facilities such as nursing homes, assisted living facilities and similar group housing, but not including hospitals, sanitariums or similar institutions. Subd. 9. Retail commercial activities limited to those listed as permitted or permitted accessory uses within a C-1 Zoning District. Subd. 10. Therapeutic massage. Subd. 11. Veterinary clinics and pet grooming. V. SECTION 21455.07 (CONDITIONAL USES — MOTOR FUEL SALES) IS HEREBY AMENDED AS FOLLOWS: Subd 2. Convenience Grocery Markets with Prepared Food and/or Motor Fuel Sales. Grocery, food operations, and/or convenience motor fuel (no vehicles service or repari), provided that: (h) All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90 degree cutoff. Illumination levels for pump islands shall not exceed 30 foot candles. [F File #99096 Page 16 (h) 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. W. SECTION 21455.11 (ADMINISTRATIVE PERMIT STANDARDS FOR FUEL STORAGE) IS HEREBY AMENDED AS FOLLOWS: Subd. 5. Outside, above ground storage facilities for fuels used for heating purposes, emergency backup generators, or for motor fuel dispensing purposes related to the approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum and propane gas used for standby heating and to equipment used for dispensing such gaseous fuels to vehicles and containers which are used in conjunction with the allowed principal use. The location and design of such facilities for new developments shall be included with the site plan submitted for review and approval as required by this Chapter. The location and design of such facilities for existing developments in all cases shall be subject to the approval of the Zoning Administrator and the following criteria: (a) The design, construction, and location of the equipment must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota Uniform Fire Code requirements, and manufacturer's specifications. (b) An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of the storage equipment, including any fencing and landscaping relating to the safety and screening of the equipment.. (c) Solid wall enclosures should not be used to assure that fire hose streams can be directed onto the storage equipment with minimal obstruction. (d) Equipment must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this section, "signage" includes words, graphics, logos, and symbols. 16 File #99096 Page 17 X. SECTION 21475.13 (CITY CENTER — USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS: Subd. 4. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use subject to the requirements and stipulations of Section 21455.11, Subd.4 4. Subd. 5. Other uses of the same general character as those listed as a permitted use in this district and the respective sub -district. Subd. 6. Outside, above ground storage facilities or fuels used for heating purposes, or for motor fuel dispensing purposes related to the approved principal use, but not for sale, subject to the requirements and stipulations of Section 21455.11, Subd.-2 5. Y. SECTION 21655 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS HEREBY AMENDED AS FOLLOWS: 21655.01. PURPOSE AND INTENT: The purpose of the PUD, Planned Unit Development District is to provide a comprehensive procedures and intended to allow greater flexibility in the development of neighborhoods audI r non-residential areas by 4^^"`@r-at4 g desig,, modifiGa4.0 arab^r @- .,,;A+„ro ^f „s@& than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the Citv Council to make in its leaeslative capacity. The intent of this section is to: 17 File #99096 Page 18 Subd.9. A maw dno;rol,le and-watius nn��;r�r.mnr++ than migh4 be tpoggiblo 4b;ough 4hn sWG4 appkGo4;@n @�zoifing and suhdivision ;cgul 4inns of the Qty- Subd. Subd.1. Provide for the establishment of PUD (Planned Unit Development) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the City's Comprehensive Plan. Subd. 2. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this Chapter. Subd. 3. Provide for variations to the strict application of the land use regulations in this Chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the City's standards to offset the effect of any variations. Subd. 4. Promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City. Subd. 5. Preserve and enhance natural features and open spaces. Subd. 6. Maintain or improve the efficiency of public streets and utilities. Subd. 7. Ensure the establishment of appropriate transitions between differing land uses. 21655.02. ALLOWABLE USES: All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in Sections 21350 through SoGtiea-21650 of this Chapter .,.�,;„�' shall be treated as potentially allowable 18 File #99096 Page 19 uses within a PUD District, provided they would be allowable on the site under the City's Comprehensive Plan. 19 File #99096 Page 20 20 File #99096 Page 21 21 File #99096 Page 22 21655.03. SETBACKS AND BUILDING HEIGHT: The various setback and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in Section 21655.01. 21655.04. INTEGRATED DESIGN: A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces. 22 File #99096 Page 23 21655.05 SKETCH PLAN: Subd. IWat;e;i 12r and 1n fi.rrvrvri '+ae 4W14 .@j1 ;;&myr4t&; Prior to the filing of a formal application, the applicant sha4l be, ;aquir-od 44 -Day submit a sketch plan of the project to the Zoning Administrator. Agusl4 sketch plan slat -will be processed according to the information requirements, standards and procedures for sketch plans as established by Section 21045.03 of this Chapter. 21655.06 GENERAL PLAN: A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc. for parcels of land within a PUD. Subd. 1. Application Procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in Section 21010.01 of this Chapter. Subd. 2. Information Requirement: (a) The information required for all PUD general plan applications shall be as specified in Section 21045.07 of this Chapter. (b) The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered. Subd. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the general plan. 23 File #99096 Page 24 21655.07 FINAL PLAN: After approval of app;ova @9 , the general plan, the applicant may apply for final plan approval for all or a portion of the p;opo ed -PUD_, tho appkca^* shall. submit The applicant shall submit the following material for review by and approval of the Zoning Administrator prior to issuance of any building permit(s). Subd. 1. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. Subd. 2. Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan. Subd.4 3. Proof of recording any easements and restrictive covenants prior to sale of any -land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. Subd.-2 4. All certificates, seals and signatures required for the dedication of land and recording of documents. Subd.4 5. Any other plans, agreements or specifications necessary for the Zoning Administrator to review the proposedGoastvwtion final plan.—A41 21655.08 PERIODIC PUD REVIEW: If The City Council may require periodic review of a PUD ' s a condition to the approval of a PUD General Plan, sugh a p;@j@Gt sh-ala he ;@W@mQd by 4he City Coma"in order to ensure compliance with the conditions of the PUD. At such times, -the City Council may, at its discretion, -choose to take additional testimony on the PUD. 21655.09 PLAN MODIFICATION/AMENDMENT OF A PUD: Subd. 1. Minor Plan Modifications/Amendments: Plan modifications/amendments qualifying as "minor" as defined by Section 21045.08, Subd. 1 of this Chapter, ata}shall be processed pursuant to that section. Subd. 2. Major Modification/Amendment: The same review procedure shall be followed for a major/modification/amendment of a PUD as was followed with respect to the applicant's general plan, outlined in Section 21655.06 and pursuant to Section 21045.08, Subd. 2. of this Chapter. 24 File #99096 Page 25 21655.10 GENERAL REQUIREMENTS: Subd. 1. Records: The Zoning Administrator shall maintain a record of all PUD zones approved by the City, including all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate. Subd. 2. Withdrawal of an Application: Any application under this section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon. Subd. 3. Platting of a PUD: _In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures contained in the Plymouth Subdivision Ordinance and the related requirements of Hennepin County. The preliminary plat shall be processed in conjunction with the general plan as outlined in Section 21655.068. A separate action on the final plat shall be processed before the City Council prior to the approval of a Final Plan. Subd. -4. Conveyance of Property Within a PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in.this Chapter shall be construed as to make such conveyed property non -conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the general plan for a project. Subd. 5. greement/Financial Guarantee: Following the approval of the general plan but prior to 4h4a.-final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the PUD, and shall also provide such financial guarantees as the City requires or deems necessary. Such agreement may take the form of. 1) a development contract-; and/or as uaa7 be..r—oquiw f�-�:by the S;ihdi.,;�;,,,, a &site }improvement pperformance aagreement —ate ,.o,,,,;,.oa by tWs Chapto,. f ; the ,;ojo..+ i q ost;.,,, ; and/or 3) another form of legally binding instrument as may be required by the City. 25 File #99096 Page 26 Section 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. Adopted by the City Council this 29th day of February 2000. ATTEST Pat 1&� 'Sandra R. Paulson, City Clerk 26 J y ely H.Tierney, Mayor