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HomeMy WebLinkAboutCity Council Ordinance 1996-05CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 96- 5 AN ORDINANCE AMENDING ORDINANCE NO. 80-9, THE PLYMOUTH ZONING ORDINANCE, BY CREATING CITY CENTER DISTRICTS AND RELATED ALLOWABLE USES AND PERFORMANCE STANDARDS. THE CITY OF PLYMOUTH ORDAINS: Section 1. Section 5, Subd. A., Districts of Ordinance No. 80-9, the Plymouth Zoning Ordinance, is hereby amended by adding the following non-residential districts: CC -P City Center - Public District CC -R City Center - Retail District CC -RE City Center - Retail/Entertainment District CC -OT City Center - Office/Technical District Section 2. Section 8, Subd. A.2, Purpose and Intent: Business Districts, of Ordinance No. 80-9, the Plymouth Zoning Ordinance, is hereby amended by adding the following: d. The purpose of the City Center Districts (CC -P; CC -R; CC -RE; CC -OT) is to provide for the establishment of a "downtown" which is a blend of cultural, recreational, civic, entertainment, commercial retail, and office uses as defined and guided by the Comprehensive Plan. Section 3. Section 8, Subd. B, Allowable Uses: Business Districts, of Ordinance No. 80-9, the Plymouth Zoning Ordinance, is hereby amended by adding the following: Permitted Uses: The following are permitted uses within the CC Districts: CC -P. (a) Amphitheater. (b) Bus/transit station or terminal without vehicle storage. (c) Community center. (d) Day care. (e) Essential services. (f) Parks and recreational facilities, structures and buildings. (g) Private clubs/lodges. 1 Ord. 96-5 (h) Publicly owned civic or cultural buildings such as libraries, city offices, auditoriums, public administration buildings and historical developments. (i) Recreational indoor, commercial (i.e., sports and health clubs, bowling alley, roller rinks, etc.). KOM (a) Antique shop. (b) Appliance and electronic stores including incidental repair and assembly but not fabricating or manufacturing. (c) Art and school supply sales. (d)• Art gallery. (e) Bakery goods and baking of goods for retail sales on the premises. (f) Bank, savings and loan, credit unions and other financial institutions, including drive up tellers (g) Barber shops. (h) Beauty parlors. (i) Bicycle sales and repair. 0) Books, office supplies 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) Clothes, rental and sales. (o) Coin and philatelic stores. (p) Convenience grocery market (not supermarket type and without motor fuel facilities and delicatessen food service). (q) Copy service but not including printing press or newspaper. (r) Delicatessen/coffee shop. (s) Drug store. (t) Dry cleaning pick up and laundry pick up stations including incidental repair and assembly but not including processing. (u) Essential services. (v) Fabric and notions sales and store. (w) Florist shop. (x) Frozen food retail, but not including a locker plant. (y) Funeral homes and mortuaries. (z) Furriers when conducted only for retail trade on premises. (aa) Gift or novelty store. (bb) Governmental and public regulated utility (essential services) buildings and structures (excluding public works type facilities and uses). (cc) Grocery, supermarket and superstores. (dd) Hardware store. (cc) Hobby and craft store. (ff) Ice sales with storage not to exceed five (5) tons. (gg) Jewelry stores. Ord. 96-5 (hh) Laundromat, self-service washing and drying. (ii) Leather goods and luggage stores. 0j) Liquor, off sale. (kk) Locksmiths. (11) Massage therapy. (mm) Meat market, but not including processing for a locker plant. (nn) Medical, dental, and chiropractic offices and clinics. (oo) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales. (pp) Offices, commercial and professional. (qq) Paint and wallpaper sales. (rr) Plumbing, television, radio, electrical sales and such repair as is accessory use to the retail establishment permitted within this district. (ss) Sewing machine sales and service. (tt) Sexually oriented businesses - accessory. (uu) Shoe repair. (vv) Sporting goods and recreational equipment sales. (ww) Studios - artist, music, photo, decorating, dance, etc. (xx) Tailoring services. (yy) Tanning salon. (zz) Toy stores. (aaa) Variety stores and stores of similar nature. (bbb) Veterinary clinic and kennel and pet supply sales. (ccc) Video rental and sales. CC -RE. (a) Amusement centers. (b) Art gallery. (c) Book, office supply or stationary stores and sales. (d) Camera and photographic supplies, sales and film processing. (e) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. (f) Delicatessen/coffee shop. (g) Essential services. (h) Gift or novelty store. (i) Hobby and craft store. 0) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales. (k) Restaurants (not of the drive-in, convenience or drive-through type), cafes. (1) Sexually oriented businesses - accessory. (m) Studios - artist, music, photo, decorating, dance, etc. (n) Theaters (indoor only). (o) Toy stores. (p) Video rental and sales. Ord. 96-5 CC -OT. (a) Bank, savings and loan, credit unions and other financial institutions, including drive up tellers. (b) Conference centers. (c) Copy service, but not including printing press or newspaper. (d) Essential services. (e) Funeral homes and mortuaries. (f) Laboratories. (g) Medical, dental, and chiropractic offices and clinics. (h) Offices, commercial and professional. (i)'• Printing establishments, commercial. 0) Radio and TV stations. (k) Recreation indoor, commercial. (1) Sexually oriented businesses - accessory. (m) Studios - artist, music, photo, decorating, dance, etc. (n) Wholesale showrooms. Accessory Uses: The following are permitted accessory uses within all CC Districts: (a) Accessory uses incidental and customary to uses allowed as permitted, conditional, interim, and administrative permit in this Section. (b) Commercial or business buildings and structures for a use accessory to the principal use provided that: (1) Such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. (2) The principal building meets minimum size requirements established by the respective CC District. (c) Fences as regulated by Section 10, Subdivision D of this Ordinance. (d) Off-street parking and off-street loading as regulated by Section 10, Subdivision B of this Ordinance. but not including semi -trailer truck storage. (e) Public garage/parking ramp. (f) Signs as regulated by Section 10, Subdivision A of this Ordinance, as applicable to the B-2 District and Section 8, Subdivision G of this Ordinance. C! Ord. 96-5 Conditional Uses: The following are conditional uses in CC Districts: All CC Districts. (a) Buildings in excess of height limitations as specified in Section 8, Subdivision E of this Ordinance provided that: (1) The construction does not limit solar access to abutting and/or neighboring properties. (b) Religious worship facilities 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 building. (2) Activities shall be limited to worship services and directly related social events. CC -P District. (a) 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 B-2 Zoning District. (3) The retail activity and personal services are located within a structure whose principal use is not commercial sales. (4) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area of the building. (5) 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. (6) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. 5 Ord. 96-5 CC -R District. (a) Liquor on -sale when accessory to a restaurant. (b) Restaurants internal to a multi -tenant shopping center or freestanding, provided that: (1) The use will not conflict with existing or potential neighboring uses. (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) Except for a freestanding facility, drive through may be allowed subject to provisions of Section 10, Subdivision D of this Ordinance. (c) Motor vehicle fuel sales (excluding convenience grocery market with such facilities), auto repair -minor and tire and battery store and services, provided that: (1) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Section for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (2) Motor fuel facilities shall be installed in accordance with State and County 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. (3) Whenever fuel pumps are to be installed, pump islands shall be installed. Pump islands and their related parking and maneuvering aisle shall be located no closer to the street or adjacent property lines than this Chapter allows for parking spaces, provided that such location does not encroach upon street right- of-way, pedestrian areas, or adjacent property. (4) 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. 0 Ord. 96-5 (5) There shall be no outdoor service operation of lubrication equipment, hydraulic lifts of service pits, tire. changing, drive systems repair and tuning, or similar operations. (6) No outside storage, sales or rental shall be allowed except as specifically allowed by separate conditional use permit, except as otherwise provided by administrative permit. (7) 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. (d) Convenience Grocery Market with Prepared Food and/or Motor Fuel Sales. Grocery, food operations, and/or convenience motor fuel (no vehicle service or repair), 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. Exterior sales or storage shall be allowed by administrative permit. (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 Ord. 96-5 (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. (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. (e) Day care nursery facilities as a principal or accessory use provided that: (1) The use complies with the provisions of Section 9, Subdivision E of this Ordinance. (f) Commercial car washes as an accessory use. CC -RE District. (a) Liquor on -sale when accessory to a restaurant. (b) Retail commercial activities and personal services, provided that: (1) Retail uses and personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a CC -R Zoning District. (2) The use or activity complies with the specific intent and purpose of the City Center Plan portion of the Comprehensive Plan. CC -OT District. (a) Day care nursery facilities as a principal or accessory use provided that: (1) The use complies with the provisions of Section 9, Subdivision E of this Ordinance. (b) Liquor, on -sale when accessory to a restaurant. (c) Manufacturing, compounding, assembly, packaging, treatment or indoor storage of products and materials as an accessory use provided that: (1) The use is accessory to a permitted use within this district. (2) No outside storage is associated with the use. Ord. 96-5 (d) Retail commercial activities and personal services, provided that: (1) Retail uses and personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a CC -R Zoning District. (2) The use or activity complies with the specific intent and purpose of the City Center Plan portion of the Comprehensive Plan. (e) Restaurant, internal to another structure provided that: (1) The use will not conflict with existing or potential neighboring uses or joint building activities. (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. (f) Trade or vocational schools. (g) Warehousing/indoor storage provided that: (1) The use is accessory to a permitted use within this district. Uses by Administrative Permit: Subject to applicable provisions of this Section, performance standards and processing requirements established by this Ordinance, the following are uses allowed in CC Districts by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use. Subd. 2. Other uses of the same general character as those listed as a permitted II1..Irm Subd. 3. Outside, above ground storage facilities of gaseous, non -liquid fuels used for heating purposes, or for motor fuel dispensing purposes related to the approved principal use, but not for sale. Subd. 4. Temporary outdoor promotional events and sales. Subd. 5. Temporary sales office for a period not to exceed one (1) year. 0 Ord. 96-5 Section 4. Section 8, Subd. E, Schedule of Non -Residence District Requirements for Lot Area, Depth, Width, Coverage, Setbacks, Height of Ordinance No. 80-9, the Plymouth Zoning Ordinance, is hereby amended by adding the following: The following minimum requirements shall be observed in CC Districts, subject to additional requirements, exceptions and modifications set forth in this Ordinance. Subd. 1. District Area. None. Subd. 2. Lot Area. None. Subd. 3. Lot Width. None. Subd. 4. Lot Depth. None. Subd. 5. Structural Coverage Per Lot. Forty (40) percent -maximum, twenty (20) percent -minimum. Accessory public garage/parking ramps and storm water ponding areas are to be excluded from the lot size calculation for structural coverage. Subd. 6. Setbacks. (a) Front Yard. Twenty (20) feet, maximum, except when abutting intermediate arterials, the maximum may be exceeded. (b) Side Yard - Corner Lot. Twenty (20) feet, maximum, except when abutting intermediate arterials, the maximum may be exceeded. (c) Side Yard - Interior Lot. None. (d) Rear Yard. (1) Principal Structure. Sixty (60) percent of lot depth or one hundred (100) feet, whichever is least. (2) Other. Twenty-five (25) percent of lot depth. Subd. 7. Building Height. (a) Principal Structure. Four (4) stories or forty-five (45) feet, whichever is least, provided that any portion of the building beyond the second (2nd) story or thirty (30) feet, whichever is least, shall be stepped back at the street frontage at a 1:1 ratio. (b) Accessory Structure. One (1) story or twenty (20) feet, whichever is least. 10 Ord. 96-5 Section 5. Section 8, Subd. G, Performance Standards of Ordinance No. 80-9, the Plymouth Zoning Ordinance, is hereby amended by adding the following: 4. Special Design and Performance Standards - CC Districts: 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 Ordinance: (a) Parking: (1) No parking spaces shall be located between the immediate front of the principal structure and the abutting front lot line. (2) 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. (3) No parking spaces shall be located on corner lots at the point of street intersections. (4) 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. (5) 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. (b) Loading: (1) Loading areas and docks, as required by Section 10, Subdivision B of this Ordinance, shall be limited to the rear of the principal building. (2) Special landscape screening or building design measures shall be required to minimize and limit the visual impact of loading docks and areas. (c) Pedestrian Circulation: (1) Each property shall be responsible for the installation and maintenance of a sidewalk pursuant to City standards at all lot lines abutting streets except intermediate arterials. (2) Each property shall provide a sidewalk pursuant to City standards from the front lot line to the main entrance of the principal structure. (3) Each property shall provide a designated pedestrian circulation system through and from off-street parking areas into the principal structure. 11 Ord. 96-5 (4) Properties which back onto the natural area, pedestrian corridor shall make appropriate landscape improvements and pedestrian connections and may be required to grant an easement for the corridor. (d) Landscaping: (1) 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. (2) Shade tree plantings shall be provided in parking lots to an extent achieving twenty-five (25) percent shade of the parking area within fifteen (15) years. (3) The periphery of all parking lots shall be landscaped and screened in compliance with Section 10, Subdivision D of this Ordinance and the City Center provisions of the Comprehensive Plan. (4) Berms shall be allowed only in rear yard areas. (5) Water quality ponding areas shall be located to the rear or side of properties and shall be designed and landscaped in a park -like character, as specified by the City Center portion of the Comprehensive Plan. Water 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. (6) Existing trees shall be maintained and preserved to the extent possible and in compliance with Section 500.24 of the City Code. (7) 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. (e) Plazas. (1) All properties with principal buildings in excess of thirty thousand (30,000) square feet shall be required to have a public plaza area(s). (2) The design of plazas shall include special paving, seating facilities, lighting fixtures and other similar type features which comply with the City Center chapter of the Comprehensive Plan. 12 Ord. 96-5 (f) Signs. (1) Signs as regulated by Section 10, Subdivision A of this Ordinance, as applicable to the B-2 District and Section 8, Subdivision G of this Ordinance may be allowed subject to the limitations noted below. (2) Freestanding pylon signs shall be allowed only for properties fronting intermediate arterial streets. Such signs shall be limited to such frontages. (3) Business identification signs shall be incorporated into the building facade and shall not project more than twelve (12) inches beyond the plane of the building nor extend beyond the roof line. (g) Buildings. (1) All sides of buildings shall have an equal appearance in terms of materials and general design: (2) 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 City Center chapter of the Comprehensive Plan. (3) All principal buildings shall have entries that are visible or obvious from the street. (4) The major building massing of the principal structure shall parallel the street frontage of the lot. (5) Trash and recycling storage areas shall be designed internal to the principal building and shall not be allowed in an external fenced structure. (h) Lighting. (1) Glare, whether direct or reflected, and as differentiated from general illumination, shall not be visible at any property line. (2) Any lights used for exterior illumination shall not be visible at any property line. (3) Freestanding fight poles shall not exceed twenty-five (25) feet in height. 1� Ord. 96-5 (i) Other. (1) Other special design features and requirements as specified by the City Center chapter of the Comprehensive Plan shall be required as applicable to respective properties within the district. Section 6. Effective Date. This Ordinance shall be in effect upon its date of passage. ADOPTED this 13th day of March 1996. ATTEST: Laurie Ahrens, City Clerk Jo ie iey, Mayor 14