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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 Ll 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 0 Io.1-1I live 10rhYJ71I: if 0 4. te 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.