HomeMy WebLinkAboutPlanning Commission Packet 02-26-1992CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 11, 1992 COMMISSION MEETING DATE: February 26,
1992
FILE NO.: 91046
PETITIONER: Maas Motors, Inc.
REQUEST: Conditional Use Permit and Variance for outside storage of
automobiles
LOCATION: 14105 State Highway 55
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial)
BACKGROUND:
On October 13, 1969, the 'City Council, by Resolution 69 -372, approved a Site
Plan for an addition onto the existing building at this site. That addition
was never constructed.
PRIMARY ISSUES AND ANALYSIS:
1. This request is for approval of a Conditional Use Permit and Variance to
allow for the outside storage of automobiles within the required front and
side yard setbacks. In addition, the petitioner is proposing not to
screen the automobiles. The proposed automobile storage would consist of
a double loaded parking area along the south property line.
2. The petitioner is not proposing to expand the existing paved area at this
site.
3. The variance proposed is to allow outside storage in the 50 foot front and
25 foot side yard setback. Proposed is a 5 foot front and 0 (zero) foot
side yard setback. A copy of the petitioner's narrative and the Zoning
Ordinance Variance Criteria is attached.
4. Maas Motors, Inc. currently occupies this facility and storage of their
automobiles is required to be inside the building.
5. Parking is a primary concern with this request. Once the automobiles are
restored, they are stored outside until they are delivered to purchasers.
Based on manufacturing parking requirements, 68 spaces are needed on this
site. Based on the building use, 48 parking spaces are required. The
proposal is for 26 parking spaces and 83 storage spaces. In addition, a
Proof -of- Parking Plan has been provided which shows that 130 parking
spaces can be placed on the site.
see next page)
Page Two, File 91046
PLANNING STAFF COMMENTS:
1. The area proposed for the outside storage is a paved parking area which
currently can be utilized for the parking of automobiles. The proposed
storage of automobiles will not be significantly different from what can
legally be placed on the site. The primary differences are in the length
of time that an automobile will be in one location and that there will not
be a drive aisle between the first two rows of vehicles.
2. Staff finds that the request is responsive to the Conditional Use Permit
criteria. This variance will not impede the development or enjoyment of
adjacent property or endanger the public health, safety, morals, or
comfort of the community.
3. Staff finds that the request is responsive to the Variance criteria. The
variance will not be detrimental to the public welfare or injurious to the
land or improvements in the neighborhood.
4. Staff finds that the Proof -of- Parking Plan submitted is consistent with
and meets the intent of the Zoning Ordinance. The Proof -of- Parking Plan
will accommodate parking in excess of the required parking for either the
actual use of the building or for a 100 percent manufacturing use of the
building.
5. Screening of outside storage may be waived by the City Council as stated
in Section 10, Subdivision C, Paragraph 4b.
6. Staff finds that the building to the south, the building on the site as
well as the distance to State Highway 55 provides adequate screening
without necessitating the need for additional screening.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of the Conditional Use Permit and Variance request for outside
storage of autom i e .
Submitted by: V 10 " 0 _A fiKlzo ^A A_J
C es E. Di eru , ommunity Development Director
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit and Variance for Outside
Storage
2. Petitioner's Narrative
3. Conditional Use Permit Standards
4. Zoning Ordinance Variance Criteria Standards
5. Location Map
pc /jk/91046)
APPROVING CONDITIONAL USE PERMIT AND VARIANCE FOR MAAS MOTORS, INC. LOCATED AT
14105 STATE HIGHWAY 55 (91046)
WHEREAS, Maas Motors, Inc. has requested approval for a Conditional Use Permit
and Variance for outside storage of automobiles for property located at 14105
State Highway 55; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Maas Motors, Inc. for a Conditional Use Permit and Variance for outside
storage of automobiles for property located at 14105 State Highway 55, subject
to the following conditions:
1. The granting of the permit is responsive to the criteria of the Zoning
Ordinance for Conditional Use Permits.
2. The approved variance is for a 5 foot front and 0 (zero) foot side yard
setback for outside storage of automobiles.
3. Screening of the outside storage is not required.
4. The permit is subject to all applicable codes, regulations and ordinances,
and violation thereof shall be grounds for revocation.
5. The site shall be maintained in a sanitary manner.
6. All waste and waste containers shall be stored within approved designated
areas.
7. A Proof -of- Parking Plan is approved for this site based on the
demonstration that 130 spaces can be constructed on the site pursuant to
Section 10, Subdivision B, Paragraph 5h (4) of the Zoning Ordinance. The
spaces will be constructed upon notification of the need by the City
without additional action by the,City Council or upon future additions to
the structure.
8. A covenant shall be filed on the property notifying future property owners
of the approved Proof -of- Parking Plan.
res /pc/91046)
JAN 22 9992
MEMORANDUM IN SUPPORT CITY OF ,PLYMOUTH
OF MAAS MOTORS, INC.'S CUMMARM VNELDPWWOW
APPLICATION FOR VARIANCE
Maas Motors, Inc. ( "Maas Motors ") is an automobile wholesaling
business that purchases cars at auctions and delivers them to
various dealers thKoughout the area. Before being shipped to the
dealers, these automobiles are generally brought to Maas Motors'
facility located on the property which is the subject of this
application for clean -up and detailing. Depending on the volume of
cars in transit, a certain amount of outside storage of the
vehicles is generally required. Under Section 8, Subdivision D of
the Plymouth Zoning Ordinance, outside storage of materials, goods
or products is considered a conditional use. Accordingly, Maas
Motors, Inc. is submitting an application for a conditional use
permit to allow on -site storage of automobiles.
In connection with its application for a conditional use
permit, Maas Motors is submitting this application for variance to
allow storage within the side yard setback along the south property
line. In seeking this variance, Maas Motors is not proposing any
new construction or improvements that would violate Plymouth's
zoning ordinance. Rather, Maas Motors merely seeks to maintain the
status quo that has existed on this site for many years.
The Plymouth zoning ordinances have apparently changed since
the time the Maas Motors site and the property to the south were
originally developed. Under the current zoning ordinance, both the
building and parking lot of these two properties would violate the
setback requirements now in existence. In fact, both buildings are
within only a few feet of the eastern property line. The existing
locations of these buildings and parking lots were not in violation
of Plymouth's zoning ordinance at the time the sites were
developed.
Neither the conditional use permit nor this variance being
requested by Maas Motors involves any redevelopment or improvement
of the site. It is the intent of Maas Motors to use the site
without making any changes to the building or parking lots that
have existed on this property for many years. Maas Motors does not
propose increasing or intensifying the development of this site.
All areas designated as parking and storage on the site plan
submitted with this application currently exist on the site. The
area along the southern border of the property, which is designated
as storage, was used as a parking lot for many years prior to Maas
Motors' occupancy of this site. In fact, if Maas Motors had an
employee- intensive manufacturing or warehouse business operating on
the site, it would be allowed under the zoning ordinance to
continue using the paved area along the southern border of the
property as a parking lot.
Maas Motors, however, does not have an employee- intensive
business, and does not require a lot of parking to accommodate its
employees. Furthermore, as a wholesaler, Maas Motors does not have
a great need for customer parking. Nevertheless, because Maas
Motors wholesales automobiles, it needs to temporarily store these
vehicles on site. The size of Maas Motors' business is such that
the existing paved parking lot can accommodate any outside storage
needs that it may have. The only significant difference between
Maas Motors' use of this site and the use of previous owners and
occupiers of the site is the reason for parking cars in the parking
lot along the southern border of the property. Maas Motors parks
the cars to temporarily store them pending shipment to purchasers,
whereas previous users of this site used the parking area along the
southern border to park the automobiles of their employees and /or
customers. The net effect of either use is the same; that is, the
parking of cars in what has been paved and designated as a parking
lot for many years.
Maas Motors merely seeks a conditional use permit to allow it
to park cars on what has already been a designated parking area for
many years, because Maas Motors' parking of cars is technically
deemed "outside storage" under the ordinance and requires a
conditional use permit. Maas Motors is not r:.developing or
intensifying the use of this site in order to incisase the income
value of the site. To prohibit Maas Motors from using the existing
paved areas on the site to park cars, merely because those cars
will be designated as storage instead of customer/ employee parking,
substantially reduces the value and any practical use of the site,
and thus works a hardship on Maas Motors.
Maas Motors has not done anything to create this hardship.
Maas Motors desires only to use this site as it has been used in
the past, which includes the parking of cars in an area that has
been paved and used for parking cars for many years. Maas Motors'
hardship is simply caused by the technicalities of the zoning
ordinance which classify Maas Motors' parking of the cars as
storage instead of employee /customer parking.
The variance request sought by Maas Motors is unique to this
parcel of land. As stated above, the area designated for storing
cars has been used as a parking lot by prior users for many years.
Only the technical distinction under the ordinance, which
classifies Maas Motors' parking of cars on this same parking lot as
storage, renders the need for a variance in this case. These
conditions would not be generally applicable to other properties
situated within the same zoning classification.
Granting the variance will not be detrimental to the public
welfare or injurious to other land improvements in the
neighborhood, nor would it impair the value of properties located
in the neighborhood. The site is located in an Industrial I
classification, and all of the surrounding properties are developed
and used for either industrial or business purposes. The site is
bordered by State Highway 55 to the north and Interstate 494 to the
2 -
east, and there is no residential property located in the immediate
area. This parking lot has existed for many years and surrounding
property owners have been on notice that this area has been
designated for parking automobiles and has been used as such. The
surrounding properties also have parking lots, and the existence of
such lots on any site in an Industrial I area should not reduce the
value of the properties. Allowing Maas Motors to park cars on the
southern boundary, in an area that has been paved, designated and
used as an area for parking cars for many years would not be
detrimental or injurious to other property in the neighborhood.
The granting of a variance to relief Maas Motors from the burden of
applying the zoning ordinance which designates this parking as
storage, would have no injurious effect on other property in the
neighborhood, and would not substantially diminish or impair
property values within the neighborhood.
Finally, because the requested variance does not involve the
existing building or the construction or remodeling of the building
or any other structures, this variance will not impair an adequate
supply of light and air to adjacent properties. Furthermoref the
storing of automobiles in what used to be designated as a parking
lot will not increase the congestion of thi public streets. In
fact, congestion should be reduced due to the fact that these cars
are not being driven in and out of the site by employees/ customers,
but rather are delivered to the site by truck. The number of trips
in and out of the site is reduced, not increased, due to Maas
Motors' use of the parking lot to temporarily store automobiles in
transit. Therefore, the granting of this variance should not
endanger the public safety in any way.
3 -
iFCM S=CN 9, SUBDIMICN A
2. poredure. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Commission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recommendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will prarote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and improvemmment of surrounding
property for uses permitted in the district.
5) Adequate measures have been or will be taken to provide ingress,
egress, and parking so designed as to minimize traffic
congestion in the public streets.
6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
forns:o >pl /cup.stnd /s) 10/89
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same ,:.oning
classification.
3. That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Ordinance and
has not been created by any persons presently having an interest in the
parcel of land.
5. That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in
which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
forms:o >pl /zon.stnd /s) 10/89
91'"A I to] 0 JiVI
10 'WA LFA
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L1, 13
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 11, 1992 COMMISSION MEETING DATE: February 26,
1992
FILE NO.: 92003
PETITIONER: Auto Glass Service, Inc.
REQUEST: Conditional Use Permit for an automobile repair business
LOCATION: 11050 Highway 55
GUIDE PLAN CLASS: CS (Service Business)
ZONING: B -3 (Service Business District)
BACKGROUND:
On August 6, 1984, the City Council, by Resolution 84 -522, approved a Site
Plan and Conditional Use Permit for an auto parts store and car wash at this
site.
On August 19, 1985, the City Council, by Resolution 85 -627, approved a Site
Plan, Conditional Use Permit and Variance for a car wash and auto parts store.
The 1984 Site Plan had not been constructed.
On June 16, 1986, the City Council, by Resolution 86 -352, reinstated the 1984
original Site Plan and Conditional Use Permit for a car wash and auto parts
store.
On October 28, 1985, the City Council, by Resolution 85 -879, approved a
Variance that allowed the facility to be constructed without a fire protection
sprinkler system in the car wash.
Notice of this Public Hearing has been published in the Official City
Newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The proposed Conditional Use Permit request is for an auto body shop to
occupy a vacant facility which was originally occupied by a Crown Auto
Parts store. The 6,493 square foot space will be remodeled to include
three bay doors on the north side of the building and one bay door on the
south side of the building.
2. No building or parking lot expansion is proposed with this request.
3. Most auto body facilities include provisions for outside storage of
vehicles. The petitioner has indicated that they are not proposing any
outside storage of vehicles for this site.
4. The Zoning Ordinance directs the Planning Commission to consider all
Conditional Use Permits in terms of the six criteria found in Section 9,
Subdivision A of the Zoning Ordinance. We have attached a copy of the
referenced citation along with the applicant's narrative.
PLANNING STAFF COMMENTS:
1. The existing wood fence identified along the north property line on the
Site Plan has not been adequately maintained and has fallen into
disrepair. If this Conditional Use Permit is approved the petitioner
should be required to repair the fence to ensure adequate screening of
this facility from the adjacent residential development.
2. Staff finds that this request is responsive to the Conditional Use Permit
criteria for an auto body repair shop.
3. Since the petitioner indicates that they are not proposing any outside
storage of vehicles, we have included as a condition of approval, that
outside storage of vehicles is specifically prohibited at this site.
RECOMMENDATION:
I recommend adoption of the attached resolution providing for a Conditional
Use Permit for an a%
I
repair facil'
Submitted by: L, U a, 0 F-_
Charles E. Dillerud, Community Development Director
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit for an Auto Repair Facility
2. Conditional Use Permit Standards
3. Applicant's Narrative Submissions
4. Location Map
5. Large Graphics
pc /jk/92003)
APPROVING CONDITIONAL USE PERMIT FOR, AUTO GLASS SERVICE, INC. (92003)
WHEREAS, Auto Glass Service, Inc. has requested approval for a Conditional Use
Permit for ABRA Auto Body for property located at 11050 Highway 55; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Auto Glass Service, Inc. for a Conditional Use Permit to ABRA Auto Body for
property located at 11050 Highway 55, subject to the following conditions:
I. The permit is subject to all applicable codes, regulations and ordinances,
and violation thereof shall be grounds for revocation.
2. The permit is issued to Auto Glass Service, Inc. for ABRA Autobody and
shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas.
5. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
6. All outside storage of vehicles is prohibited.
7. The screening fence along the north property line shall be repaired and
properly maintained prior to occupancy.
res /pc/92003)
i YY •.is .'1' 5;.414 irVQ : :.,
FROK S@X. CN 9, SIEDIVISION A
2. Procedure. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Commission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recomvendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will promote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district.
5) Adequate measures have been or will be taken to provide ingress,
egress, and parking so designed as to minimize traffic
congestion in the public streets.
6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
forms:o >pl /cup.stnd /s) 10/89
Date: January 20, 1992
City. of Plymouth
Community Development Department
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Conditional Use Permit
The undersigned, Auto Glass Service, Inc. is seeking a Conditional Use Permit for the painting
and autobody repair of motor vehicles for the property known as 11050 Highway 55, Plymouth,
Minnesota.
The property was originally developed as a self service car wash and a retail and automotive
service center for Crown Auto Stores. The property was constructed in 1985/86. The land size
is 1.95 acres or 84,942 square feet. Auto Glass Service, Inc. is seeking the Conditional Use
Permit for the former Crown Auto building. The car wash will continue operation in its own
building under the current ownership and is not a part of this application.
The existing Crown Auto building is a total of 6,493 square feet including 4,608 square feet of
showroom and parts storage area and a 1,885 square foot garage area with four overhead doors.
The applicant will remodel the 6,493 square foot building for use as an ABRA autobody facility.
Because the existing facility was designed and built for automotive use within the last five years,
many of the concerns and standards applied to this Conditional Use Permit were addressed at the
time of construction. The property has excellent ingress and egress for both an ABRA facility
and the existing car wash. ABRA is a low traffic generator and the parking is more than
adequate. The property is screened from the neighborhood to the north.
There are currently fifteen ABRA Autobody and glass facilities throughout the metropolitan
Minneapolis /St. Paul area. ABRA's business philosophy is to raise the standards of auto body
painting and refinishing business by creating showroom quality service centers and repair
facilities. ABRA utilizes the best available equipment and procedures for the painting and
autobody repair of motor vehicles and provides its customers with exceptional service. As an
ABRA facility, the property will be maintained in a condition that will promote and enhance the
general public welfare and will not endanger or be detrimental to the public safety, morals or
comfort of the City, neighborhood or adjoining property uses.
We appreciate your consideration of our request for this Conditional Use Permit.
S' rely,
t
Auto Glas Service, Inc.
909 25th Street N.W.
P.O. Box 1482
Fargo, N.D. 58107
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 21, 1992
TO: Plann' sion
FROM: Chuc D d, Community Development Director
SUBJECT: CAPI IMPROVEMENTS PROGRAM 1992 -1996
A Notice of Public Hearing has been published for the Planning Commission to
consider public comments regarding the captioned annual process by the City of
Plymouth.
The Planning Commission has received a full briefing concerning the CIP at its
meeting of February 12, 1992. I will provide the Commission and those
attending the Public Hearing an abbreviated briefing as to the contents of the
CIP and the City Engineer will be available to answer specific questions
concerning CIP elements.
I recommend the Planning Commission adopt a motion recommending approval of
the Capital Improvements Program as proposed by staff. Should there be
modifications from that program desired by the Planning Commission, those
modifications can become conditions of the approval recommendation to the City
Council.
pc /cd /cip)
Feb. 21, 1992
City of Plymouth FS 21 10
PLANNING COMMISSION MEMBERS: M. Stulberg R. Scherer .,
D. Zylla S. Syverson , ITY OF PLYMOUTH
M. Wigley B. Stimson CGs,1ML%1TY DEVELOPMENT DMPT.
Re: Proposed widening of Zachary Lane between Bass Lk. Rd. & 36th Ave.
I ask that you would consider an alternative to the proposed widening of
Zachary Lane:
WIDEN ZACHARY LANE TO 4 LANES ONLY BETWEEN BASS LAKE RD. & 42nd
Rockford Rd.). KEEP ZACHARY A 2 LANE BETWEEN 42nd & 36th Ave.
The reasons for this change of plans are:
Both Bass Lk. Rd. & 42nd are major East/West Streets.
Access to Hwy. 169 - Northwest Blvd. and Hyw. 494 are excellent from 42nd.
36th Ave. is not a major East /West street. (To the West 36th goes only
three blocks to a dead -end.)
To the East on 36th are three school access within 1 mile length from
Zachary Lane.
Straight ahead on Zachary at 36th the street name changes to E. Medicine
Lk. Blvd. This is a 2 lane street that goes around a portion of
the lake. Many Armstrong H.S. students walk that street to school.
E. Medicine Lk. Blvd. does not provide any East/West access.
It does not seem to be in the best interest of safety to bring increased
traffic of 4 lanes to this residential area of 36th Avenue without a
major alternative for this traffic to proceed onto.
Above are the reasons I would like you to consider a change in the proposed
plan for Zachary; widen Zachary between Bass Lk. Rd. & 42nd (Rockford Rd.)
to a 4 lane street but between 42nd & 36th continue with a 2 lane street.
Thank you.
Sincerely,
Pat Katzmarek
3520 E. Medicine Lk. Blvd.
Plymouth
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 21, 1992
TO: Planning Com ' on
FROM: Chuck Di a Community
SUBJECT: FLOOD PLAI AMENDMENTS TO
Development Director
THE PLYMOUTH ZONING ORDINANCE
J44 D.
Earlier this month I distributed to the Planning Commission copies of proposed
amendments to the Flood Plain section (Section 6, Subdivision A) of our Zoning
Ordinance for review. Concurrent with review by the Planning Commission I
have also asked the City Attorney to review the entire proposed amendment.
Recently the City Attorney completed his review and recommended a number of
minor changes, none of which are significant enough to require additional
review by the Federal Emergency Management Agency (FEMA). You may recall that
FEMA had reviewed the ordinance draft previously and approved it for
consistency with the FEMA requirements regarding flood plain zoning in
communities where flood insurance is sold (such as Plymouth).
Attached is an updated version of the Flood Plain Zoning Ordinance Amendment
reflecting the recommendations of the City Attorney. Please discard your
previous version. The Public Hearing has been scheduled concerning this
Zoning Ordinance Amendment for February 26, 1992.
I recommend the Planning Commission adopt the recommendation for approval of
amendments to the Flood Plain Zoning (Section 6, Subdivision A) section of the
Zoning Ordinance as recommended by staff and approved by both the Federal
Emergency Management Agency and the City Attorney.
pc /cd /flood)
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
SECTION 6 - SPECIAL PROTECTION DISTRICTS
SUBDIVISION A - FLOOD PLAIN OVERLAY DISTRICT
1. Purpose
The Legislature of the State of Minnesota has in Minnesota Statutes 4469, 9.104
I03F delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. This Subdivision of the
Plymouth Zoning Ordinance is responsive to the cited Legislative Mandate as
administered by the Commissioner of the Minnesota Department of Natural
Resources and the provisions of the Storm Drainage Plan of the City of
Plymouth.
2. Intent
The regulations contained in this Subdivision are intended to guide
developments in flood plain areas consistent with potential flood threats and
City land needs. Unwise use of flood plain lands causes loss of life and
property, disruption of commerce and governmental services, unsanitary
conditions, and interruption of transportation and communications. Sound land
use development can reduce damages, expenses, and inconveniences and assure
that City lands are put to their most appropriate use. This Subdivision
establishes Flood Plain Overlay Districts 4-s based upon Flood Insurance Study,
City of Plymouth, Minnesota, (dated November, 1977), and all Flood Insurance
Rate Maps, dated February 19, 1982), Flood Boundary and Floodway Maps (dated
May 15, 1978), and flood profiles published by the United States Department of
Housing and Urban Development, and two technical studies published by
McCombs - Knutson Associates, Inc., entitled: "Reevaluation of Flooding
Potential on a Portion of Plymouth Creek West of Vicksburg Lane (Through the
Proposed R.P.U.D. of Plymouth Hills Estates); Gar -Lar Properties- Plymouth,
Minnesota, November 1982 "; and, "Reevaluation of Flooding Potential on a
portion of Plymouth Creek, Plymouth, Minnesota, September, 1982" (37th Avenue
North to Vicksburg Lane). These Studies contain data consistent with standards
established by the Minnesota Department of Natural Resources. The Regulations
contained within this Subdivision are intended to manage areas suitable for
development of varying types as permitted in the Underlying Zoning District.
Amended by Ord. No. 82 -08 and Ord. No. 83 -09)
3. General Provisions
a. Lands to Which Subdivision Applies and Establishment of Regulatory Flood
Protection Elevation
1) This Subdivision shall apply to all lands within the jurisdiction
of the City of Plymouth located within the Floodway, Flood Fringe
and General Flood Plain District. The Flood Insurance Study for
the City of Plymouth referenced in Paragraph 2 above shall be
attached to and considered a part of the Official Zoning Map and
this Ordinance.
6 -1
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
2) The regulatory flood protection elevation and necessary floodway
areas shall be based first on any applicable data contained in the
Flood Insurance Study for Plymouth referenced in Paragraph 2 above.
In those areas designated as Unnumbered A Zones, the regulatory
flood protection elevation and necessary floodway areas shall -be
established by the City Council consistent with the methods
specified in Paragraph 5 of this Subdivision 9rinaee .
b. Rules for Interpretation of District Boundaries
The Boundaries of the Flood Plain Overlay Districts shall be determined
by scaling distances on the Official Zoning Map. Where interpretation
is needed as to the exact location of the boundaries of the District as
shown on the Official Zoning Map, as for example where there appears to
be a conflict map between a mapped boundary and actual field conditions,
the City Council shall make the necessary interpretation based upon the
applicable flood profile (Plates O1P -05P) or Base Flood Elevation data
contained in the Floodway Data Table (Table 2) in the Flood Insurance
Study, City of Plymouth, Minnesota. The person contesting the location
of the District boundary shall be given a reasonable opportunity to
present his case to the Council e---j submit his ewn including relevant
technical evidence if he— »—desires as outlined in Paragraph 5 of this
Subdivision.
c. Warninq and Disclaimer of Liabilit
This Ordinance does not imply that areas outside the General Flood Plain
Overlay District boundaries or land uses permitted within such districts
will be free from flooding or flood damages. This Gfdinan a Subdivision
shall not create liability on the part of the City of Plymouth or any
officer or employee thereof for any flood damages that result from
reliance on this wee Subdivision or any administrative decision
lawfully made thereunder.
4. Establishment of Zoning Districts
The flood plain areas within the jurisdiction of this wee Subdivision
are hereby divided into three Districts: Floodway District (FW), Flood
Fringe District (FF), and General Flood Plain District (GFP).
The boundaries of those districts shall be generally as shown on the
Official Zoning Map and the final determination to the district boundaries
will be based on all applicable data in the Flood Insurance Study for
Plymouth and assembled pursuant to Paragraph 5 of this Subdivision. Within
these distriets --ail- uses not allowed as permitted uses or perffli55ible as
conditional uses shall be prohibited within these overlay districts.
a. Floodway District. The Floodway District shall include those areas
designated as floodway in the Flood Insurance Study.
1) Permitted Uses
The following uses have a low flood damage potential and do not
obstruct flood flows. These uses shall be permitted within the
6 -2
2)
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
Floodway District to the extent that they are not prohibited by any
other ordinance and provided they do not require structures, fill,
or storage of materials or equipment. In addition, no use shall
adversely affect the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or any other
drainage facility or system.
a) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
b) Industrial - Commercial uses such as loading areas, parking
areas, and airport landing strips.
c) Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and
nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking and horseback riding trails.
d) Residential uses such as lawns, gardens, parking areas, and
play areas.
Conditional Uses
No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage or materials or
equipment, or other uses may be allowed as Conditional Uses which,
alone or in combination with existing or reasonable anticipated
future uses, adversely affects the capacity of the floodway or
increases flood heights except as allowed in this Subdivision.
The following open space uses may require accessory structures
temporary or permanent), or fill or storage of materials or
equipment. These uses may be pewmi# ed allowed in the Floodway
District only after the issuance of a Conditional Use Permit as
provided in Paragraph 5 of this Ordinanee Subdivision. These uses
are also subject to the provisions of Paragraph 4 a. (3) paragraph
3 which applies to all floodway Conditional Uses.
a) Structures accessory to open space.
b) Placement of fill.
c) Extraction of sand, gravel, and other materials, provided a
long term site development plan is submitted which includes an
erosion control and sedimentation prevention element.
d) Marinas, boat rentals, docks, piers, wharves and water control
structures.
e) Railroads, streets, bridges, utility transmission lines, and
pipelines.
f) Storage yards for equipment, machinery, or materials.
g) Other uses similar in nature to uses described in Paragraph 4
a.(2) which are consistent with the provisions set out in
Paragraphs 1 and 4 a. of this Ordioane Subdivision.
6 -3
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
h) Structural works for flood control such as dams, levees,
dikes, and floodwalls.
3) Standards for Floodway Conditional Uses
a) All U5e5 Ne 5trueture (t eA^ ^erfnuTeit) , fi-lrlr
All floodway uses
shall be subject to applicable standards of this Ordinance for
the underlying district and floodway Conditional Uses shall be
subject to the standards contained in Paragraph 5 e-, of this
Subdivision and to the following standards:
ba) Fill
i) Any fill deposited in the floodway shall be no more than
the minimal amount necessary to conduct a Conditional Use
listed in Paragraph 4 a. (2). Generally, fill shall be
limited to that needed to grade or landscape for that use
and shall not in any way further obstruct the flow of
flood waters.
ii) Spoil from dredging or sand and gravel operations shall
not be deposited in the floodway unless it can be done in
accordance with (i) of this paragraph.
iii) Fill shall be protected from erosion by vegetative cover.
eb) Accessory Structures (temporary or permanent) nermitted
allowed as Conditional Uses by Paragraph 4 a. (2 (
i) Accessory structures shall not be designed for human
habitation.
ii) Accessory structures shall have a low flood damage
potential.
iii) Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the
minimum obstruction to the flow of flood waters.
iv) Whenever possible, structures shall be constructed with
the longitudinal axis parallel to the direction of the
flood flow.
v) So far as practicable,
approximately on the same
adjoining structures.
6 -4
structures shall be placed
flood flow lines as those of
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
vi) Accessory structures shall be dry flood - proofed in
accordance with the State Building Code.
dc) Storage of Materials and Equipment. The storage of equipment
or the storage and processing of materials are prohibited;
provided, the City Council may authorize a Conditional Use
Permit for temporary storage and processing equipment and
materials that are readily removable after a flood warning and
that are not, in time of flooding, buoyant, flammable,
explosive, or eeuld be injurious to human, animal, or plant
life when such equipment and materials are necessary for the
maintenance of the flood plain i5 prehibitled.
ed) Structural Work for Flood Control.
additien Any proposed work in the beds of public waters
which will change the course, current, or cross - section of the
waters shall be subject to the provisions of Minnesota
Statutes 1976, G:105-T and ether applieable statutes Rules.
b. Flood Fringe District. The Flood Fringe District shall include those
areas designated floodway fringe in the Flood Insurance study.
1) Permitted Uses
The following uses shall be permitted uses within the Flood Fringe
District to the extent that they are not prohibited by any other
ordinance:
a) Any use permitted in Paragraph 4 a. (1).
b) Accessory structures provided they comply with the yen
standards of the underlying zoning of Paragraph 4 a.(3)(e) ( i-
c) Residenee and ether struetures Residential uses allowed by the
underlying zoning district and constructed on fill so that the
basement floor or first floor, if there is no basement, is at
or above the regulatory flood protection elevation. 4#e
fini5hed fill elevatien shall be ne !ewer than one (1) feet
extend at sueh eleyatien at least fifteen (15) feet beyend 0-e
shall be eempaeted and the slepes shall be preteeted by
d) No use shall be permitted which will adversely affect the
capacity of channels or floodways of any tributary to the main
stream, or of any drainage ditch, or any drainage facility or
system.
2) Conditional Uses
M
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as Conditional Uses which,
alone or in combination with existing or reasonable anticipated
future uses, adversely affects the capacity of the flood fringe or
increases flood heights except as allowed in this Subdivision.
Other uses, as allowed in the underlying zoning district shall be
allowed in the Flood Fringe are permit only upon
the issuance of a Conditional Use
Permit as provided by this Subdivision. ^ ranee and . ubjeet t
the —#ell g These uses are subject to the provisions of
Paragraph 4 b. (3) of this Subdivision:
a)Open space accessory uses as set forth in paragraph 4a(2)(a -f)
and other uses similar in nature which are consistent with the
provisions set forth in Paragraphs 1 and 4b of this
Subdivision.
b) Re ;a,— Residential uses allowed by the underlying zoning
district where existing streets, utilities, and small lot
sizes preclude the use of fill.
etcur„ C E6mmei^- e;- a- rat -i'i c a,-T
industrial st uetures s„
allowed in the underlying ;
fill so that basement floor
no (ineluding basement4 is
protection elevation.
Structuresthat are net elei
e l a 5 5 ifl e-at i e n —as deemed
net be permitted.
Commercial, manufacturing, and
11 erdinarily be elevated uses
oning district and constructed on
or thei first floor, if there is
at or above the regulatory flood
with the State Building Gede.
3) Standards for All Flood Fringe Uses
a) Residential Uses.
i)All residential uses Resiaenees --that de net. shall have
vehicular access at or above an elevation not more than
two feet below the regulatory flood protection elevation
shall net be permitted unless granted a -varianee by the
Beard ef Adjustment. In granting a I the Beard
ii) Other methods of elevating the first floor (including
basements) above the regulatory flood protection elevation
M.
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
may be authorized, provided that the residence is dry
flood proofed in accordance with the State Building Code.
iii) The finished fill elevation shall be no lower than one (1)
foot below the regulatory flood protection elevation and
shall extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building erected
thereon. Fill shall be compacted and the slopes shall be
protected by rip -rap or vegetative covering.
iv) No use shall be allowed which will adversely affect the
hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse, or of any drainage
system, where a floodway or other encroachment limit has
not been specified on the official Zoning Map.
v) All manufactured homes shall be securely anchored to an
adequately anchored foundation system that resists
flotation, collapse and lateral movement. Anchoring
methods include, but are not limited to, over - the -top or
frame ties to ground anchors as well as applicable
Building Code requirements for resisting wind forces.
b) Commercial, Manufacturing, and Industrial Uses.
i) Accessory 4,a-d uses allowed by the underlying zoning
district, such- as yards, railroad tracks, and parking lots
may be allowed at elevations lower than the Regulatory
Flood Protection Elevation upon demonstration that there
is
general publie shall net be granted, in the absenee e a
flood warning system that will provides adequate time for
evacuation if the area 4s were inundated to a depth
greater than two feet or subject to flood velocities
greater than four feet per second upon the occurrence of
the regional flood.
ii) Effective design measures shall be taken to minimize
interference with normal plant operations where there are
streams having protracted flood durations.
iii) Structures that are not elevated to above regulatory
flood protection elevations shall be dry flood proofed to
FP -1 or FP -2 classification as provided by the State
Building Code.
iv) Structures with a flood proof design found to be FP -3 or
FP -4 classification are prohibited.
v) No use shall be allowed which will adversely affect the
hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been
specified on the official zoning map.
6 -7
c)
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
i) Any fill deposited in the flood fringe shall be no more
than the minimal amount necessary to conduct an allowable
use listed in Paragraph 4b of this Subdivision.
Generally, fill shall be limited to that needed to grade
or landscape for the use and shall not in any way further
obstruct the flow of flood waters.
ii) Spoil from dredging or sand and gravel operations shall
not be deposited in the flood fringe unless it can be done
in accordance with (i) of the paragraph.
iii) Fill shall be protected from erosion by vegetative cover.
iv) Fill shall be properly compacted and the slopes shall be
properly protected by use of rip -rap, vegetative cover, or
other acceptable method. Applicable standards of the
Federal Emergency Management Agency (FEMA) shall be met
when any fill section requires a Letter of Map Revision
LOMR).
d) Storage of Materials and Equipment. The storage of equipment
or the storage and processing of materials are prohibited;
provided, the City Council may authorize issuance of a
Conditional Use Permit for temporary storage and processing of
equipment and materials that are readily removable after a
flood warning and that are not, in time of flooding, buoyant,
flammable, explosive, or injurious to human, animal or plant
life when such equipment and materials are necessary for the
maintenance of the flood fringe.
e) Structural Work for Flood Control. Any proposed work in the
beds of public waters shall be subject to the provisions of
Minnesota Statutes and Rules.
c. General Flood Plain District (GFP). The General Flood Plain District
shall include those areas designated as Unnumbered A Zones by the Flood
Insurance Rate Map.
1) Permitted Uses
Permitted uses shall include those uses pe rmitte allowed by
Paragraph 4.a. (2) of this Ord naeee. Subdivision subject to the
applicable standards for those uses.
0:3
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
2) Conditional Uses
All other uses are Conditional Uses and are permitted allowed only
upon the issuance of a speeial Conditional. Use Permit as provided
in this Sri nane e Subdivision. The General Flood Plain District
includes both floodway and flood fringe areas. Based on procedures
in Paragraph 5 c of this Subdivision, the City Council shall
determine whether the proposed use is in the floodway or flood
fringe. If it is determined that the use lies in the floodway, the
provisions of Paragraph 4 a of this Ordinanee Subdivision shall
apply. If it is determined the proposed use lies in the flood
fringe, the provisions of Paragraph 4 b shall apply.
5. Administration
a. Use Permit
1) Use Permit Required. A Use Permit certifying compliance i55ued by
with the provisions of this
Ordinanee Subdivision shall be secured from the Zoning
Administrator prior to the issuance of any permits for the
erection, addition, or alteration of any building, structure, or
portion thereof; priere the use or change of use of a building,
structure, or land; prier —fie the change or extension of a
Nonconforming Use; and priers the placement of fill or excavation
of materials within the flood plain.
2) Application for Use Permit. Application for a Use Permit shall be
made in duplicate te in the manner prescribed by the Zoning
Administrator on forms furnished by 44-m –the City and shall include
the following where applicable: plans in dupliea prepared by an
architect or engineer registered in Minnesota, drawn to scale,
showing the nature, location, dimensions, and elevations of the
lot; existing or proposed structures, fill, or storage of
materials; and the location of the foregoing in relation to the
channel.
3) Construction and Use to be as Provided in Application, Plans and
Permits. 45,e All Permits and Genditienal Uses issued on the basis
of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any
use, arrangement, or construction at variance with that authorized
shall be deemed in violation of this Seetien Subdivision. The
applicant shall be required to submit certification by a registered
professional engineer, registered architect or registered land
surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this Ordiname
Subdivision. Floodproofing measures shall be certified by a
registered professional engineer or registered architect.
4) State and Federal Permits. Prior to granting a Use Permit or
issuing a permit for development, and prior to processing an
m,!]
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
application for a Conditional Use Permit or Variance in the flood
plain overlay districts, the Zoning Administrator shall determine
that the applicant has obtained all necessary State and Federal
Permits:
5) Record of First Floor Evaluation. The Zoning Administrator shall
maintain a record of the elevation of the first floor (including
basement) of all new structures or additions to existing structures
in the flood plain districts. The Zoning Administrator shall also
maintain a record of the elevations to which structures or
additions to structures are floodproofed.
6) Subdivisions. No land within a floodplain overlay district shall
be subdivided which is held unsuitable by the City Council for
reason of flooding, inadequate drainage, or inadequate water supply
or sewage treatment facilities. All lots within the flood plain
districts shall contain a building site at or above the regulatory
flood protection elevation. All subdivisions shall have water and
sewage disposal facilities that comply with the provisions of this
9rdina-nee Subdivision and have road access no lower than two feet
below the regulatory flood protection elevation.
In the General Flood Plain District, applicants seeking subdivision
approval shall provide information required in Paragraph 5 (c), and
the City Subdivision Code. The proposed subdivision shall be
evaluated in accordance with the procedures therein. The
regulatory flood protection elevation and the required elevation of
all access roads shall be clearly indicated on all plans and
documents.
Federal Emergency Management Agency standards shall be met by any
proposed subdivision involving fill and where a Letter of Map
Revision (LOMR) is contemplated.
7) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the
flood plain shall be floodproofed in accordance with the State
Building Code or elevated to above the Regulatory Flood Protection
Elevation.
8) Railroads, Roads, and Bridges. Railroad tracks, roads, and
bridges to be located within the floodway shall comply with this
Ordinance. In all flood plain districts, elevation to the
regulatory flood protection elevation shall be provided where
failure or interruption of these transportation facilities would
result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area.
Minor auxiliary roads and railroads may be constructed at a lower
elevation where failure or interruption of service would not
endanger the public health or safety.
9) Water Supply and Waste Disposal Systems. Within all flood plain
districts:
6 -10
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
a)All new or replacement water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the
system.
b)Within— all fleed plain — districts, (1` require All new and
replacement sanitary sewage systems t-e shall be designed to
minimize or eliminate infiltration of flood waters from the
ssyy)stems and discharges into the systems into flood waters. eed
c)All onsite waste disposal systems le shall be located to avoid
impairment to them or contamination from them during flooding.
1O)Manufactured Homes. Manufactured homes as defined by this Ordinance
shall be prohibited as a permitted, accessory or conditional use in
any of the flood plain overlay districts except where expressly
allowed in underlying zoning districts and as regulated by
this wee Subdivision.
b. Board of Adjustment
1) The Board shall be constituted and shall consider applications as
provided in Section 11, Subdivision C of this Ordinance and in this
paragraph.
4 2)Variances. No variance from the terms of this Seetien Subdivision
shall have the effect of allowing in any district uses prohibited
in that district, permit a lower degree of flood protection than
the flood protection elevation for the particular area, or permit
standards lower than those required by State law.
a) The Board shall state in writing the specific findings made
consistent with the criteria specified in Section 11,
Subdivision C which served as the basis for all variances.
b) The Zoning Administrator shall
a variance that a variance to
base flood level will result
flood insurance coverage, and
or regional flood level incre
according to State and Federal
notify all persons applying for
construct a structure below the
in increased premium rates for
construction below the 100 -year
ases risks to life and property
findings.
2 3)Notice of Hearings and Decisions. The Zoning Administrator shall
submit to the Commissioner of Natural Resources a copy of the
application for the proposed Variances er Genditienal Use5 ef from
this Section sufficiently in advance so that the Commissioner of
Natural Resources will receive at least ten days notice of the
hearing. A copy of all decisions granting Variances from of
Genditienal - eRermit5 e# this Section shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such
action.
c. Procedures for Determination of
Floodway and Flood Frinve Within the General Flood Plain District.
6 -11
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
1) Upen reeeipt ef an. The application for any Genditiena4 Use Permit
for a use within the General Flood Plain District, the appliean
shall be required te furnish include such of the following
information as is deemed .necessary by the City Geun Zoning
Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is in the
floodway or the flood fringe district.
a) A typical valley cross - section showing the channel of the
stream, elevation of land areas adjoining each side of the
channel, cross - sectional areas to be occupied by the proposed
development, and high water information.
b) Plan (surface view) showing elevations or contours of the
ground; pertinent
structures, fill, or storage elevations, size, location; and
spatial arrangement
of all proposed and existing structures on the site; location
and elevations of
streets; photographs showing existing land uses and
vegetation upstream and
downstream; and soil type.
c) Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction
from the proposed development.
2) One copy of the above information shall be transmitted to an
designated engineer or other expert person or agency designated by
the City for technical assistance in determining whether the
proposed use is in the floodway or flood fringe and to determine
the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations NR 86-87 1983, Parts 6120.5000- 6120.6200
shall be followed in this expert evaluation. The designated
engineer or expert shall:
a) Estimate the peak discharge of the regional flood.
b) Calculate the water surface profile of the regional flood
based upon a hydraulic analysis of the stream channel and
overpaying areas.
c) Compute the floodway necessary to convey the regional flood
without increasing flood stages more than 0.5 feet. An equal
degree of encroachment on both sides of the stream within the
reach shall be assumed.
3) Based upon the technical evaluation of the designated engineer or
expert, the City Council shall determine whether the proposed use
is in the floodway or flood fringe and the regulatory flood
protection elevation at the site. The City Council may, prior to
making a final determination, submit the application and all
supporting data and analyses to other agencies such as the Federal
6 -12
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision P
Emergency Management Agency, the Department of Natural Resources,
and the Planning Commission for review and comment.
d. Procedures to be followed by the Gi-ty GeuReil for
Conditional Use Permit Applications Within All Flood Plain Districts
1) Require The application for a Conditional Use Permit for a use
within the General Flood Plain District shall be made in the manner
prescribed by this ordinance and by the Zoning Administrator on
forms furnished by the City. The application shall include t-e
furnish such of the following information and additional
information as required by this ordinance and as deemed necessary
by the Gity Geun Zoning Administrator for determining the
suitability of the particular site for the proposed use:
a) Plans in tripli prepared by an architect or engineer
registered in Minnesota, drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, floodproofing
measures, and the relationship of the above to the location of
the channel.
b) Specifications prepared by an architect or engineer registered
in Minnesota for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply, and sanitary facilities.
2) Transmit one copy of the
a.) and (b-4. application to an designated engineer or other expert
person or agency designated by the City for technical assistance,
where necessary in evaluating the proposed project in relation to
flood heights and velocities, the seriousness of flood damage to
the use, the adequacy of the plans for protection, and other
technical matters.
3) Based upen The technical evaluation of the designated engineer or
expert, the City Geuneii shall be considered in the determine
determination of the specific flood hazard at the site and in the
evaluate evaluation of the suitability of the proposed use in
relation to the flood hazard.
4) Applications shall be considered at public hearing which shall be
noticed and conducted as prescribed by this ordinance.
5) The Zoning Administrator shall submit to the Commissioner of
Natural Resources a copy of the application for the proposed
Conditional Uses allowed by this Subdivision sufficiently in
advance so that the Commissioner will receive at least ten days
notice prior to the hearing. A copy of all decisions granting
Conditional Use Permits shall be forwarded to the Commissioner of
Natural Resources within ten (10) days of such action.
e. Factors Upon Which the Decisions of the Citv Council Shall be Based
6 -13
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
In passing upon Conditional Use applications, the City Council shall
consider all relevant factors specified in other sections of this
Ordinance; and,
1) The danger to life and property due to increased flood heights or
velocities caused by encroachments.
2) The danger that materials may be swept onto other lands or
downstream to the injury of others.
3) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary
conditions.
4) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner.
5) The importance of the services provided by the proposed facility to
the community.
6) The requirements of the facility for a waterfront location.
7) The availability of alternative locations not subject to flooding
for the proposed use.
8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9) The relationship of the proposed use to the Comprehensive Plan and
flood plain management program for the area.
10) The safety of access to the property in times of flood for ordinary
and emergency vehicles.
11) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
12) Such other factors which are relevant to the purposes of this
Ordinance.
f. Conditions Attached to Conditional Use Permits
Upon consideration of the factors listed above, the information and
recommendations developed during the review of the application, and the
purposes of this Seeder Subdivision, the City Council may attach such
conditions to the granting of Conditional Use Permits as it deems
necessary to further the purposes of this Seetien Subdivision. Among
such conditions without limitation because of specific enumeration may
be included:
1) Modification of waste disposal and water supply facilities.
2) Limitations on period of use and operation.
6 -14
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
3) Imposition of operational controls, sureties and deed restrictions
4
4) Requirements for construction of channel modifications, dikes,
levees and other protective measures.
5) Flood proofing measures. Flood proofing measures shall be designed
consistent with the flood protection elevation for the particular
area, flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces and other factors associated with the
regulatory flood. The City Council shall require that the
applicant submit a plan or document certified by a registered
professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area. The following
flood proofing measures may be required without limitation because
of specific enumeration:
a) Anchorage to resist flotation and lateral movement.
b) Installation of watertight doors, bulkheads, and shutters or
similar methods of construction.
c) Reinforcement of walls to resist water pressures.
d) Use of paints, membranes or mortors to reduce seepage of water
through walls.
e) Addition of mass or weight to structures to resist flotation.
f) Installation of pumps to lower water levels in structures.
g) Construction of water supply and waste treatment systems so as
to prevent the entrance of flood water.
h) Installation of pumping facilities or comparable practices for
subsurface drainage systems for buildings to relieve external
foundation wall and basement floor pressures.
i) Construction to resist rupture or collapse caused by water
pressure or floating debris.
j) Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of
sewage and stormwaters into the buildings or structures.
Gravity draining of basements may be eliminated by mechanical
devices.
k) Location of any structural storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or other toxic
materials which could be hazardous to public health, safety and
welfare above the flood protection elevation or provisions of
adequate flood proofing to prevent flotation of storage
containers or damage to storage containers which could result
in the escape of toxic materials into flood waters.
6 -15
PLYMOUTH ZONING ORDINANCE
6. Nonconforming Uses and Structures
a. Nonconforming Uses and Structures in
shall be subject to Section 12 of
provided otherwise in this Paragraph.
Section 6, Subdivision A
the Flood Plain Overlay Districts
this Ordinance unless specifically
e b.4# Any Nonconforming Use or Nonconforming Structure -i-s destroyed by any
means, including floods, to an extent of 50 percent or more of its
assessed value, +t shall not be reconstructed or restored except in
conformity with the provisions of this Seetien Subdivision. Hewever,
The City Geuneil may permit reconstruction of a nonconforming structure
if the tree structure is nonconforming only by reason of height, yard, or
area; is located outside the floodway and, upon reconstruction, is of no
greater height, occupies no greater area, and is adequately
floodproofed, elevated or otherwise protected.
b c. Any alteration or addition allowed by this Ordinance to any
Nonconforming 4se Structure which would result -4-n substantially
increas+ge its flood damage potential shall be protected by measures
pursuant to Paragraph 5 f. (1 -5) of this Seetien Subdivision. The
structure shall meet the standards of Paragraph 4a or 4b of this
Subdivision, if it is within the Floodway or Flood Fringe respectively,
if the current cost of all proposed alterations and of all alterations
made to the structure, since the City first adopted Flood Protection
regulations, as calculated by the owner and approved by the Zoning
Administrator, exceed 50 per cent of the current market value of the
structure.
e d.The Zoning Administrator shall prepare maintain a aim record of those
Nonconforming Uses which have been floodproofed or otherwise adequately
protected in conformity with Paragraph 5 f. (1 -5). He shall present.
stating that sueh uses as a result ef these eerreetiye measures are
7. Amendments
a. The flood plain overlay district designation on the zoning maps shall
not be removed from flood pl ai n areas unless it can be shown that the
designation is in error or that the areas are filled to an elevation at
or above the flood protection elevation and are contiguous to other
lands lying outside the flood plain district. Special exceptions to
this rule may be permitted by the Commissioner of Natural Resources if
he determ it is determined that, through other measures, lands are
protected adequately for the intended uses.
b. All amendments to this Seetien Subdivision including amendments to the
Flood Plain Overlay Districts of the Official Zoning Map must be
submitted to and approved by the Commissioner of Natural Resources prior
to adoption. Changes to the Flood Plain Overlay Districts of the
Official Zoning Map
6 -16
1
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
shall meet the Federal Emergency Management Agency's
FEMA) Technical Conditions and Criteria and shall receive FEMA approval
before adoption by the City.
c. The Commissioner of Natural Resources shall be notified of public
hearings to consider amendments at least ten days prior to the hearing.
The notice shall include a copy of the proposed amendment and related
technical study under consideration.
8. Violations and Penalties
a. Violations of this Subdivision and penalties therefor shall be
administered in the manner set forth in Section 11, Subdivision H of
this Ordinance.
b. The Zoning Administrator shall send information resulting form
investigation of violations of this Subdivision to the Commissioner of
Natural Resources for distribution to the appropriate state and federal
offices.
6 -17
DATE:
TO:
FROM:
SUBJECT:
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
February 21, 1992
Plannin CPru, ion
Chuck Di Comm unity Development Director
ZONING ORDINANCE AMENDMENTS REGARDING TRASH
CORRECTION FACILITIES, AND OUTDOOR ADVERTISING
Ll'. E.
ENCLOSURES, ADULT
Earlier this month I published notice of Public Hearings concerning the
captioned amendments to the Zoning Ordinance, all of which are under
consideration at the present time. Since publication of those hearing notices
the following circumstances have arisen regarding those particular aspects of
the Zoning Ordinance which are under review:
1. The trash enclosure provisions have only recently been again revised by
staff. We have determined that it is necessary to incorporate more of
the Task Force recommendations in a policy resolution and less within the
actual ordinance amendment than previously designed. This has only
recently been submitted to the City Attorney for his review and those
comments are not as yet available. We will present our work in its
current form together with this memorandum but we do not as yet recommend
action by the Planning Commission.
2. The Zoning Ordinance Amendments regarding adult correction facilities are
attached to this memorandum as well, and have been reviewed by the City
Attorney. Since this process was not concluded until the middle of this
month I do not feel the concerned neighbors of the adult corrections
facility have had a sufficient time to review the proposed amendments
prior to the scheduled public hearing on February 26.
I recommend that this Public Hearing be set aside until the Planning
Commission meeting of March 11, 1992 to allow the neighborhood additional
time to review our proposed amendments.
3. As of the publication date for this Planning Commission agenda the City
Attorney has not as yet presented his recommendations regarding
amendments to the Zoning Ordinance that will effectively prohibit outdoor
advertising, as directed by the Planning Commission. Although a hearing
has been noticed for February 26, regarding this matter no action should
be taken at this time.
It is my policy to seek the review and approval of the City Attorney for all
Zoning Ordinance amendments proposed prior to holding the Public Hearing
regarding such amendments. This appears to me to be a prudent practice to
assure us that the version of the Zoning Ordinance amendment that the public
sees at the Public Hearing is not subsequently modified as a result of City
Attorney recommendations - -as often is the case. The City, during the past 30
days, changed legal firms. The firm Best & Flanagan now represents the City
on all legal matters. Several of our Zoning Ordinance amendments now under
consideration were involved in the transition of projects from one law firm to
another causing some measure of delay that we had not foreseen when the Public
Hearing notices were published.
I have again published a notice of Public Hearing concerning these 3 Zoning
Ordinance amendments for the Planning Commission meeting of March 11, 1992.
It will not be necessary for the Planning Commission to take any action
regarding those matters on February 26, 1992. It should be noted however that
the Flood Plain Zoning Ordinance Amendment Public Hearing remains valid.
pc /cd /trash)
DRAFT AMENDMENT N0. 1
HEARING DATE: February 26, 1992
DESCRIPTION:
Amendment to include specific regulations regarding recycling containers and
to revise the existing trash container regulations.
SECTIONS INVOLVED: Section 4, Subdivision B; and Section 7, Subdivision F;
Section 8, Subdivision G; Section 10, Subdivision B; Section 10, Subdivision
C; and Section 10, Subdivision E.
EXPLANATION /PURPOSE:
In the fall of 1991, the City Council appointed a Trash and Recycling
Container Task Force Committee to review the existing trash container
regulations in the ordinances and to determine if recycling containers should
be regulated by the City.
The City Council approved a report from the Trash and Recycling Container Task
Force Committee on December 16, 1991. The report recommended amending the
Zoning Ordinance to include the screening of recycling containers and
modification of the requirements for trash container screening.
In addition to the Zoning Ordinance Text Amendment, a policy establishing
administrative procedures is included. The Trash and Recycling Container Task
Force wanted to provide administrative procedures for City staff to use in the
implementation of the regulations that would not normally be included in the
Zoning Ordinance. The draft policy is in response to this direction given by
the Task Force.
CONCLUSIONS /RECOMMENDATIONS:
The proposed additions and revisions will provide for expanded screening
requirements for both trash and recycling containers and provide for a more
flexible manner in which the containers can be screened.
The Planning Commission should conduct a Public Hearing and make a
recommendation to approve the following changes:
1. Amend Section 4, Subdivision B of the Zoning Ordinance to read as follows:
Section 4, Subdivision B - Definitions
Recyclable Materials -- Those items that have the meaning given it in
Minnesota Statutes, Section 115A.03 and includes paper, glass,
plastics, metals, automobile oil, and batteries.
2. Amend Section 7, Subdivision F of the Zoning Ordinance to read as follows:
1 -
Section 7, Subdivision F 4. - Standards for Residence Districts
OEM-
NO
2-
OEM-
2-
3. Amend Section 8, Subdivision G of the Zoning Ordinance to read as follows:
Section 8, Subdivision G - Performance Standards
e. Noise, Odors, Smoke, Dust, Fumes, and Water and Waste.
1) The design, construction and performance of all non - residential
uses shall be in conformance with City, County, and State of
Minnesota standards and regulations.
3) The faeflities fer the dispesalsterageand ef trash, garbage—,
refuse, rubbish, and the like shall be leeated either in appreye
areas inside the prineipal building, er etherwi5e shall be leeated-
1.
3 -
4. Amend Section 10, Subdivision B of the Zoning Ordinance to read as
follows:
Section 10, Subdivision B, Paragraph 5. h. (2) (d) - Offstreet Parking and
Loading Regulations
d) The floor area of a trash or recycling storage area located
inside a building shall not be counted towards parking
requirements of the building.
5. Amend Section 10, Subdivision C as follows:
Section 10, Subdivision C, Paragraph 8 - Garbage Disposal
6. Amend Section 10, Subdivision E of the Zoning Ordinance to read as
follows:
Section 10, Subdivision E, - TRASH, RECYCLING AND GARBAGE REGULATIONS
1. General Regulations
a. Except for residential uses with curbside pickup of trash and
recyclable materials, all trash and recycling containers shall be
screened from adjacent property and the public right -of -way.
b. All residential units, institutional facilities, industrial operations
or commercial operations producing garbage (food waste) must be
equipped with an approved powered garbage disposal unit directly
connected to the sanitary waste system.
c. Except for residences with private entrances to the ground level,
multiple residence buildings shall be equipped with at least one trash
chute on each floor which is connected directly to a compactor,
container, or approved incinerator located in a proper room in the
basement or ground floor level. Provisions must be made to deliver
residual trash to grade level for pickup.
d. Containers are required for trash, recycling and garbage storage, and
shall include, cans, barrels, compactors, dumpsters, boxes and bins,
which comply with the requirements of the City Public Health Code as to
construction and sanitation.
4 -
2. DESIGN STANDARDS
a. Screening of all trash and recycling containers must be at 90 percent
opacity and may be accomplished by methods including, but not limited
to, the following:
1) Individual trash and recycling container enclosures.
2) Screened building service areas
3) Service courts located between buildings
4) Internal trash and recycling rooms
5) Landscaping including vegetation and /or berms, existing vegetation
and /or topography
b. Minimum design standards for outdoor screening, walls and enclosures
shall include the following:
1) Fencing shall be a minimum of 6 feet in height
2) Gate openings shall be a minimum of 10 feet in width
3) All fence materials shall be constructed of a minimum of 2 inch
thickness material
4) Gates may consist of a chain link fence with plastic slats
c. Minimum landscaping standards shall include the use of coniferous plant
materials with a minimum height of 6 feet at the time of planting.
d. A minimum of 56 square feet shall be required for a trash and recycling
storage area.
e. Trash and recycling areas located inside buildings shall meet all
applicable building codes and shall be constructed using similar and
compatible materials as the building.
f. When an overhead door is used in conjunction with an interior trash and
recycling room, then the door shall be a minimum of 8 feet wide.
Bold - indicates new text
Strikeout - indicates deleted text
zo /draft.amend)
pc /jk /zo.trash:jw)
miz
POLICY
No. 31
Policy Establishing Administrative Procedures in Implementing Zoning Ordinance
Provisions for Trash and Recycling Container Screening
CITY OF PLYMOUTH
RESOLUTION 92-
DATE
The City Zoning Ordinance provides for minimum standards for trash and
recycling container screening. The following standards are to be used by
administrative staff in implementing that ordinance requirement:
1. The Zoning Ordinance requirements should apply to all new construction
after the effective date of this resolution.
2. All buildings existing as of the date of this resolution must comply with
the approved site plan. If the site plan did not address provisions for
the trash areas, the Zoning Ordinance regulation at the time the building
was constructed shall apply.
3. Recycling containers may be placed at buildings existing on the effective
date of this policy without being required to meet the screening
requirements of the Zoning Ordinance.
4. If the trash container cannot be located within the previously approved
trash area of the project existing on the effective date of this
ordinance, the new standards shall be applied.
5. The new standards shall apply to any existing building on the effective
date of this ordinance if a site plan is required for any significant or
material site changes. The new standards should not apply to site plans
where sign plan changes only are proposed. The Community Development
Director shall determine if a change is significant or material.
6. If, at an existing building, the only place that a recycling container can
be located is in a required parking space, then that shall constitute a
hardship and a variance may be granted for locating a recycling container
in a required parking space.
pl /jk /trash.pol:jw)
DRAFT AMENDMENT NO. 1
HEARING DATE: February 26, 1992
DESCRIPTION:
Redefinition of dimensional standards relating to yard setbacks, lot coverage, and
parking lot setbacks for adult correctional facilities. Deletion of adult
correctional facilities as an allowable use in all zoning districts.
SECTIONS INVOLVED: Section 7, Subdivision C; Section 7, Subdivision D; and Section
10, Subdivision B.
EXPLANATION /PURPOSE:
The City Council adopted Resolution 91 -512 directing staff to review the Zoning
Ordinance with respect to the possible need for additional requirements for spacial
or other buffering of adult correction facilities from adjacent neighborhoods and /or
other recommendations they may make regarding this type of use.
At their December 18, 1991 meeting, the Planning Commission directed staff to draft
Zoning Ordinance language reflecting the Commission's desire to increase setbacks
and screening for adult correctional facilities; and to delete adult correctional
facilities as an allowable conditional use in all zoning districts.
Section 12 of the Zoning Ordinance is so structured that only uses can be rendered
nonconforming by amendments to the allowable uses or map classifications.
Dimensional standards inconsistent with the specifications of the Zoning Ordinance
do not constitute nonconformity by definition.
While the proposed change in allowable uses regarding adult correctional facilities
will effectively preclude enlargement of the use, it does not necessarily preclude
site modifications such as recreational areas or parking. Therefore it is necessary
to retain /modify dimensional standards regarding adult correctional facilities as
well to fully accomplish the direction provided by the Planning Commission on this
matter. The dimensional standards proposed are the minimum that will ensure the
health, safety, and public welfare of the general public of the City of Plymouth.
CONCLUSIONS /RECOMMENDATIONS:
1. The Planning Commission has found that the inclusion of adult correctional
facilities as allowable uses within the Zoning Ordinance may not be in the
best interests of the public health, safety and welfare of the City of
Plymouth in the future.
2. Amendment to the allowable uses portion of Section 7, Subdivision C to strike
reference to adult correctional facilities will effectively
1 -
accomplish the Planning Commission's direction with regard to allowance for
adult correctional facilities.
3. The existing adult corrections facility in Plymouth would become a
nonconforming use" upon the adoption and publication of a Zoning Ordinance
amendment that would remove the use as allowable under the Plymouth Zoning
Ordinance. The use could continue to exist at the scale of existing date of
ordinance publication, but could not be expanded or could not be continued if
abandoned for more than a one year period.
4. The nonconforming use section of the Plymouth Zoning Ordinance excludes
dimensional inconsistencies with the Zoning Ordinance standards from the
definition of "nonconforming ". To control modifications to adult correction
facility sites that do no involve enlargement of the use itself it is
necessary to retain and modify dimensional standards related to adult
correction facilities to assure consistency with the spirit of the Planning
Commission direction in this regard.
5. To accomplish the foregoing amendment to Section 7, Subdivision C, Number 18
of the Zoning Ordinance is necessary as follows:
ZONING ORDINANCE TEXT SUGGESTED AMENDMENTS
SUBDIVISION C - ALLOWABLE USES
Within the Residence Districts, no building or land shall be used except for
one or more of the following uses. Letter designations shall be interpreted as
meaning:
P - Permitted Uses
C - Uses by Conditional Use Permit
A - Accessory Uses
DISTRICTS
FRD R -lA R -1B R -2 R -3 R -4
18. C C C C C C
2 -
USES
Municipal, administrative and
service buildings or uses, public
libraries, museums, post offices
and the like except incompatible
activity of an industrial
character; and Adult Oerreet-i s
Neyefflber 20, 9 (Amend. Ord.
89 -38 & 90 -09)
Ll
6. In addition, it is recommended that Section 7, Subdivision D, Numbers 5, 6, 7, 8,
and 9 of the Zoning Ordinance be modified to address dimensional standards
regarding adult correctional facilities as follows:
SUBDIVISION D - SCHEDULE OF LOT AREAS, DEPTH, WIDTH, COVERAGE, SETBACKS,
AND HEIGHT REGULATIONS IN RESIDENCE DISTRICTS.
NOTE:
Lots in the Flood Plain or Shoreland Management Overlay Districts are subject
to the Special Protection District re uirements as set forth in Section 5 of
this Ordinance. (Amended Ord. No. 82 -33I
FRD R -1A R -1B
5. Maximum Lot Coverage of
a. Adult Correctional 6% 6% 6%
Facilities
b. All Other Structures ** 20% 20% 20% 20% 20%
Ord.88 -45 & 89 -02)
6. Maximum Imaervious Surface
R -2* R -3* R -4*
6% 6% 6%
of All Non - residence Condi-
tional Uses * * * * ** Ord. 89 -02)
7. Minimum Front Yard in Feet **
50% 50% 50% 60%
Applies to Each Street Frontage)
20%
60%
a. Dwellings, abutting an
Arterial Street 50 50 50 50 50 50
b. Other Uses 100 50 50 50 50 50
c. Dwellings, one family 50 35 35 35
d. Dwellings, two family 50 35 35 35 35 35
e. Dwellings, over two family -- 50 50 50 50
Amended Ord. 86 -07 and 86 -26)
f. Adult Correctional
Facility 600 600 600 600 600 600
8. Minimum Side Yard in Feet **
a. Dwellings, one family 15 15 10 10
b. Dwellings, two family 15 15 10 10 20 20
c. Other Uses 30 30 30 30 30 30
d. Other Uses abutting
residences 50 50 50 50 50 50
e. Adult Correctional
Facility 600 600 600 600 600 600
f. Detached accessory uses 15 6 6 10 20 20
g. Attached accessory uses 15 15 10 10 20 20
Items 8 a. & b. Amend. Ord. 89- 37)(Items 8 e. & f. Amend. Ord. 90 -4)
3 -
9. Minimum Rear Yard in Feet"
a. Dwellings, one family 25 25 20 15
b. Dwellings, two family 25 25 20 15 15 15
c. Other Uses 40 40 35 30 30 30
d. Other Uses abutting
residences 50 50 50 50 50 50
e. Adult Correctional
Facility 600 600 600 600 600 600
f. Detached accessory uses 25 6 6 15 15 15
g. Abutting an arterial
street 50 50 50 50 50 50
7. Amend Section 10, Subdivision B, Table 1 of the Zoning Ordinance to read as
follows:
Side and rear yard setback
of parking to lot line
Amended Ord. 89 -02)
Front yard setback
of parking to lot line
Amended Ord. 89 -02)
Bold - indicates new text
Stri keeut - indicates deleted text
ord:pc /jk /adult)
K For resident uses in residence
district: as required for
accessory building. For Non-
resident uses in residence
district: 30 ft., Adult
Correctional Facilities: 600
ft.
Non - residence districts: 20
M R Districts Residence Uses: 20
feet, R Districts Non - residence
Uses: 30ft. Adult Correctional
Facilities: 600 ft.
B Districts: 20 ft., Industrial
District: 50 ft.
4 -
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 21, 1992
TO:
Pyk'
ission
FROM: Cd, Community Develo pment Director
SUBJECT: S ER SIGNAGE
z5. A0
Commissioner Zylla has requested staff provide the Planning Commission with an
earlier staff report that addressed the subject of shopping center signage
provisions in the Plymouth Zoning Ordinance. This was provided to the
Commission at its February 12, 1992 meeting.
Commissioner Zylla's interest in the matter is a result of requests by the
Board of Zoning Adjustments and Appeals for the Planning Commission to review
the concept of shopping center signage following a variance action earlier
this year involving signage at the Plymouth Shopping Center. Commissioner
Zylla is the Planning Commission representative on the Board of Zoning
Adjustments.
The primary issue is the amount of wall signage that our ordinance permits in
shopping center situations in comparison to both the amount of wall signage
allowed in a non shopping center (about double that permitted in a shopping
center) and the amount of wall signage allowed in shopping centers in other
communities (substantially more than allowed in Plymouth). In the earlier
staff research on the topic it was found that Plymouth was the most
restrictive community in the Metropolitan area regarding shopping center
signage. Staff suggested that that was not by "chance" because there was good
logic to the concept of a shopping center requiring less wall signage because
of the grouping of stores and the identification of the shopping center by
substantial pylon allowances.
Commissioner Zylla may wish to further address this matter and request the
Commission to consider directing staff regarding Zoning Ordinance amendment
drafts.
pc /cd /shop.sign)
zoo.
B 0
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 21, 1992
TO: Planning m is ion
FROM: Chuck D 1 Community Development Director
SUBJECT: PLYMOUTH HILLS PLANNED UNIT DEVELOPMENT (DOWNTOWN PLYMOUTH)
I have attached brief notes taken by Frank Boyles, Assistant City Manager at
the February 17, joint meeting between the Planning Commission and the City
Council. I hope to have a draft of the proposed letter from the Mayor to
Downtown Plymouth land owners and potential developers for consideration by
the Planning Commission on February 26. I have asked the City Attorney to
provide his advice with regard to "drop dead dates" or "sunset provisions"
regarding Land Use Guide Plan amendments.
Attachments:
1. Assistant City Manager Notes from February 17, 1992 Joint Meeting of City
Council and Planning Commission.
pc /cd /ply.pud)
NOTES
JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING
FEBRUARY 17, 1992
1. Jim Willis is to check with Peter Jarvis regarding the
Centennial Lakes Development in Edina. What was the public
contribution to this project? How was it structured? What
made it possible for them to establish an integrated
commercial retail area?
2. Staff is to prepare a letter for the Mayor for review by the
Planning Commission. The letter would invite downtown
Plymouth land owners and potential developers of the area to
participate in a forum conducted by the Planning Commission.
The purpose of the forum is to ascertain what steps are
necessary to encourage timely development of the area known
as downtown Plymouth.
3. The City Attorney should advise the City Council with
respect to the "drop dead date" provision for land use guide
plan amendments.