HomeMy WebLinkAboutPlanning Commission Packet 02-27-1991Z-Ai
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 11, 1991 COMMISSION MEETING DATE: February 27,
1991
FILE NO.: 91008
PETITIONER: Independent School District 284 (Wayzata)
REQUEST: SITE PLAN AND AMENDED CONDITIONAL USE PERMIT FOR TWO
ADDITIONS TOTALING 7000 SQUARE FEET AND NEW FRONT ENTRY WAY
FOR THE OAKWOOD ELEMENTARY SCHOOL
LOCATION: NE Corner of County Road 6 and County Road 101
GUIDE PLAN CLASS: Public, Semi - Public
ZONING: R1 -A (Low Density Single Family Residential District)
BACKGROUND:
On August 2, 1982 the City Council, by Resolution 82 -376 approved a Site Plan
and Conditional Use Permit for the construction of a central maintenance and
storage facility at Hwy. 101 and 19th Avenue North, just north of the Oakwood
Elementary School.
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 6,000 square foot expansion will not be noticeable from outside of the
school. This addition will be achieved by enclosing the north courtyard
of the school.
2. The 1,000 square foot addition will be to accommodate 'receiving supplies
and trash storage uses at the northeast corner of the structure.
3. The additional landscaping proposed for the school will be located on the
south side of the school adjacent to the new main entrance to the school
and include trees, shrubs, and sod. The new entrance will include a
canopy and new sidewalks.
4. The school district is also adding a Fire Lane and water main /hydrant loop
around the school to meet City Fire Codes.
See Next Page)
Page 2
5. Additional parking spaces are not required for the proposed expansion.
While 5 off - street parking spaces will be eliminated by construction of
the new fire lane, the site already provides more parking than is required
by City Code for the existing school plus the proposed expansion.
6. The Conditional Use Permit is required to be responsive to the Zoning
Ordinance specification for schools and all Zoning Districts. The
Planning Commission is directed by Ordinance to consider all Conditional
Use Permits in the context of six specific criteria that such Conditional
Use Permits must respond to. A copy of that criteria is attached for your
information.
7. The applicant has submitted, together with its application, a narrative in
support of the Conditional Use Permit.
PLANNING STAFF COMMENTS:
1. Staff finds that the Site Plan meets the requirements of the Zoning
Ordinance.
2. Staff finds that the Conditional Use Permit is responsive to the Zoning
Ordinance criteria.
RECOMMENDATION:
We recommend the Planning Commission adopt the Draft Resolution approving the
Conditional Use Permit and Site Plan for the expansion of the Oakwood
Elementary School.
Submitted by:
arles E. - billerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution approving Conditional Use Permit.
2. Petitioner's Narrative.
3. Conditional Use Permit Criteria.
4. Location Map.
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APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT
284 (WAYZATA) (91008)
WHEREAS, Independent School District 284 (Wayzata) has requested approval for
a Conditional Use Permit for a 7000 square foot expansion and construction of
a new entrance to the Oakwood Elementary School for property located at 17340
County Road 6; 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
Independent School District 284 (Wayzata) for a Site Plan and Conditional Use
Permit for a 7,000 square foot expansion (a 6,000 square foot courtyard infill
addition and a 1, 000 square foot exterior addition) and construction of a new
entrance to the Oakwood Elementary School for property located at 17340 County
Road 6, subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and ordinances,
and violation thereof shall be grounds for revocation.
2. The site shall be maintained in a sanitary manner.
3. All waste and waste containers shall be stored within approved designated
areas.
4. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
5. Compliance with the City Engineer's Memorandum.
6. Submission of required financial guarantee and Site Performance Agreement
for completion off site improvements within 12 months of the date of this
resolution.
7. Any signage shall be in compliance with the Ordinance.
8. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
9. Compliance with the Ordinance regarding the location of'fire hydrants and
fire lanes.
10. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement financial guarantees
per City Policy.
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Oakwood Elementary School
17340 County Road 6
Plymouth, Minnesota
PID 2911822320003
PROVIDE A WRITTEN DESCRIPTION OF THE PROPOSED USE AND ITS
CONFORMANCE WITH THE STANDARDS SET FORTH IN SECTION 9 OF THE
PLYMOUTH ZONING ORDINANCE, CONDITIONAL USE PERMIT STANDARDS.
A revised conditional use permit is being sought for
additions to and remodeling of Oakwood Elementary School,
located at 17340 County Road 6. The scope of the work
includes the following:
Replacement of all exterior windows
A Receiving addition of approximately 1000 SF
An infill addition to the North courtyard of the
existing building of approximately 6000 SF
A new front entry with a canopy addition
Remodeling of existing classrooms and office space
A new Fire Lane as required by the City of Plymouth
Landscaping and walkways
The continued use of the school and this limited expansion
are in conformance with the Comprehensive Plan. The purpose
of this work is to improve the efficiency of the educational
programs, improve safety through increased building and fire
code compliance, and improve energy conservation. There
should be no negative impacts on the adjacent properties due
to these improvements.
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Fran SECTICK 91 A
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2. per. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Camnission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recanmezxlation to the City Council, which
shall make the final as to oval or denial.
a. The Planning Ccmission 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 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.
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City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: February 21, 1991
FILE NO.: 91008
PETITIONER: Mr. Jerry Vogt, I.S.D. 284, P.O. Box 660, Wayzata, MN 55391
SITE PLAN: OAKWOOD ELEMENTARY SCHOOL
LOCATION: North of County Road 6, east of County Road 101, in the southwest 1/4
of Section 29
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No. 1_ and
No. 2.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None
5. Other additional assessments estimated: None
LEGAL /EASEMENTS /PERMITS:
N/A Yes No
6. _ X Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
7.
N/A Yes No
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X Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.) Hennepin County is requiring additional right
r
1
8. X _ _ Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100
year high water elevation and conformance with the City's
comprehensive storm water requirements.
9. XX All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. XX All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
UTILTTTES AND TRAFFIC:
N/A Yes No
12. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
X Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
13. X Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and dra'naQe
tLCA • = * 7i1•2* t• 1^ 1- t•]t * *ia= i•= ri: - :•
N/A Yes No
14. _ XX _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. _ XX Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. X _ _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X _ Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. X _ Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
19. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
N/A Yes No
20. _ _ X All existing street right -of -ways are required width -
Additional right -of -way will be required at the intersection o
County Road 101 and County Road _6. The width of the right-of-wa
shall be at least one foot behind the sidewalk. The school district
shall contact Karl Holtz at 930-2687 concerning the additional road
easement.
21. X Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
22. X _ Curb and gutter provided -
The City requires B -612 concrete curb and gutter at all entrances
and where drainage must be controlled, Curb Stone may be used where
it is not necessary to control drainage. For traffic control either
B -612 or curb stone is required around the bituminous surfaced
parking lot. The site plan shall be revised to indicate compliance
with this requirement.
23. X _ Complies with parking lot standards -
The City will require that all traveled areas within the parking
lot, as well as the proposed entrances, shall be constructed to a
7 -ton standard City design with six inches of Class 5 100% crushed
limestone and three inches of 2341 wear or five and one -half inches
of 2331 base and two inches of 2341 wear. All parking areas may be
constructed to a standard 5 -ton design consisting of four inches of
Class 5 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
STANDARDS:
N/A Yes No
24. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman,
24 hours in advance of making any proposed utility connections to
the City's sanitary sewer and water systems. The developer shall
also be responsible for contacting Jim Kolstad of the Public Works
Department for an excavating permit prior to any digging within the
City's right -of -way. All connections to the water system shall be
via wet tap.
25. _ X The City will require reproducible mylar prints of sanitary sewer,
water service and storm sewer As- Builts for the site prior to
occupancy permits being granted.
26. X The site plan complies with the City of Plymouth's current
Engineering Standards Manual. Note Item No's 7. 11, 12, 20, 26,
27A, and 27B.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. Hennepin County is requiring that the wording road restoration by County on
Sheet C -1 be removed.
B. Mr. Karl Holtz of Hennepin County 930 -2687 shall be contacted concerning the
discrepancy between the right -of -way information the County has and what is
shown on the survey.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
6.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 22, 1991
TO: Planning Commission
FROM: Chuck Dillerud, Community Development Coordinator
SUBJECT: ZONING ORDINANCE STANDARDS WITH RESPECT TO NURSERIES AND GREENHOUSES
BACKGROUND
At its meeting December 5, 1990 the Planning Commission adopted a
recommendation to amend the Zoning Ordinance regarding outside sales, storage,
and display. During the hearing Gerry Theis of Dundee Nursery expressed
concern over the impact that the Zoning Ordinance Amendments might have on
nursery and greenhouse businesses. Mr. Theis had observed the earlier
deliberations by the Task Force that reported to the Commission.
Following the hearing, the Planning Commission also adopted a motion
recommending research of the outside sales, storage and display of merchandise
standards for greenhouses and nurseries.
On December 10, 1990 the City Council adopted the Zoning Ordinance Amendments
recommended by the Planning Commission. Mr. Theis appeared before the City
Council explaining his concerns.
The City Council unanimously adopted a motion directing Staff and the Planning
Commission to consider the issue of nurseries and greenhouses in Urban Zoning
Districts as a Conditional or Permitted Use relative to the outside storage,
display and sales standards.
ORDINANCE REQUIREMENTS
1. The Zoning Ordinance, in Section 8, Subdivision B, Item 16 specifically
makes reference to "Greenhouses and Nurseries with Retail Sales" as
allowed with a Conditional Use Permit in the B -2 (Retail) Zoning District
and allowed as a permitted use in the B -3 (Service) Zoning District.
2. Section 8, Subdivision B, Item 44 of the Zoning Ordinance specifies that
any permitted or accessory use such as sales, service, display or
storage of materials, products and vehicles conducted outside the
building containing the principal use" constitutes a use requiring a
Page Two
Conditional Use Permit in either the B -2 or the B -3 Zoning District.
This provision would then apply to any outdoor display, storage or sales
related to the greenhouse or nursery.
3. Section 10, Subdivision C, Paragraph 4 of the Zoning Ordinance specifies
that any outside storage shall be located and screened per plans approved
by the City so as not to be visible from any class of residence district,
from adjoining property, or from a public street.
The degree and nature of such screening or outside storage becomes a
primary issue and a determination as to whether a Conditional Use Permit
should be issued for such outside storage, regardless of the use of the
outside storage area. These considerations would be applied to a__y_
Conditional Use Permit for the outdoor storage normally associated with a
greenhouse or nursery business.
4. Section 10, Subdivision C, Paragraph 4 regulates storage and display of
materials.
5. Section 10, Subdivision C, Paragraph 6c of the Zoning Ordinance describes
allowable temporary outdoor promotional and merchandising activities.
Temporary sales activities" are allowed up to 10 times annually,
aggregating 60 days. These activities may be undertaken by
administrative permit in lieu of, or in addition to a Conditional Use
Permit for outside storage, display and sales.
FXPFRTFNrF
A recent project approved by the City Council included a nursery /greenhouse
retail business in the "Rockford Road Plaza Shopping Center ", developed by the
Ryan Construction at the northeast corner of County Road 9 and Interstate 494.
It involved a 28,000 square foot outdoor storage display and sales area. A
specific Conditional Use Permit was approved to permit the outdoor storage
requested to complement the nursery /greenhouse retail sales.
Neither the approval resolution nor the approved Site Plan make reference to
the specific kinds and types of materials or products that are permitted to be
stored, sold and displayed within the approved outdoor storage area. The Site
Plan does however specifically address the degree and type of screening
required.
There are several uses in the FRD District, including Dundee Nursery, that are
now allowed or are "grandfathered" from earlier ordinances with respect to
commercial activities in addition to nursery and /or greenhouse operations.
Those uses that are legitimate uses in the FRD District when the land they
occupy becomes serviced and eligible for rezoning to an urban classification,
would be "grandfathered" into the new districts.
Current zoning standards will apply to such uses in the B -2 and B -3 districts
to the extent that new features are proposed, new construction is proposed, or
temporary promotions, sales, and similar activities are proposed.
Page Three
SUMMARY
The Zoning Ordinance does address nurseries /greenhouses as well as the outdoor
storage, display and sales that could be associated with a greenhouse /nursery.
While there is no specificity as to the types of products and materials that
can be stored outdoors, there is a specific requirement outdoor storage,
display and sales be properly screened from residential areas, adjoining
properties, and the public streets.
Gerry Theis, representing Dundee Nursery, has submitted a list of
products /activities that he has determined would be "normally" associated with
a "urban" nursery /greenhouse. I have attached Mr. Theis' letter and list for
consideration by the Planning Commission.
The Commission should review the information and determine the following in
response to the Council direction:
1. Do nurseries and greenhouses in the B -2 and B -3 districts need
special standards or provisions?
2. Are the current classifications (permitted in B -3, conditional in B-
2) appropriate?
3. Should outside activities be treated differently for nursery and
greenhouse operations? If so, specify which activities.
Planning staff finds that the Task Force treated nursery and greenhouse
operations as other B -2 and B -3 businesses -- this particular land use was not
singled out and it was not ignored.
The experience with formal, permanent nursery and greenhouse operations in the
urban districts has been minimal. It seems prudent to suggest that, absent
specific findings of immediate problems, the City should first observe actual
operations, i.e., Frank's Nursery and, eventually, Dundee Nursery to see if
the ordinance standards are inadequate or harmful. Today, further amendments
would seem to be speculative and mainly based upon anticipated conditions.
Mr. Theis' input is valuable and it would be appropriate to solicit his
observations in the future as well.
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Special
December
Page 506
Council Mee')ng
10, 1990
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90 -800 APPROVING CHANGE ORDER NO. 2, COUNTY
ROAD 101 TRUNK WATERMAIN, CITY PROJECT NO. 012.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, se
by Councilmember Vasiliou, to adopt RESOLU
NO. 90 -801 ORDERING PUBLIC HEARING ON T
PROPOSED VACATION OF DRAINAGE AND UTILI
EASEMENT, LOT 8, BLOCK 3, SWAN LAKE WE
Motion carried on a roll call vote, Aive ayes.
MOTION was made by Councilmember Xitur, seconded
by Councilmember Vasiliou, to a pt RESOLUTION
NO. 90 -802 ORDERING PUBLIC NG ON THE
PROPOSED VACATION OF A DRAINA EASEMENT FOR
PONDING PURPOSES, LOT 21 BLO 1, RIDGECREST 3RD
ADDITION.
Motion carried on a roll
Item 7 -T was deferred
December 17. i
vote, five ayes.
consideration until
CROGE ORDER
2, COUNTY ROAD
01 TRUNK
WATERMAIN,
PROJECT NO. 012
Item *7 -Q -2
RESOLUTION 90 -801
ORDERING HEARING
ON VACATION OF
EASEMENT, SWAN
LAKE WEST
Item *7 -R
RESOLUTION 90 -802
ORDERING HEARING
ON VACATION OF
EASEMENT IN
RIDGECREST 3RD
ADDITION
Item *7 -S
Tax Increment/
Commercial Uses
Item 7 -T
Item 7 -U was defe red for consideration until D.A.R.E. Program
December 17. Funding
Item 7 -U
Councilmembe Ricker suggested that no action be Request to Hire
taken on t request to hire two additional Two Additional
police of icers since the budget will be adopted Police Officers
on Dece er 11. No action was taken by the Item 7 -V
Counci .
Community Development Director Tremere described Zoning Ordinance
various Zoning Ordinance amendments relating to Amendments
parking for multiple family units, completion of Item 7 -W
entrance monuments and perimeter landscape
improvement, and temporary sign provisions:
These were recommended for approval by the
Planning Commission.
Jerry Theis, Dundee Nursery, stated that one
provision could impact nurseries in B -3 Districts
iecial Council Meeting
Oecember 10, 1990
11'
4
Page 507
by requiring a Conditional Use Permit, even
though they are a permitted use given the nature
of greenhouses and nurseries Which can involve
outside uses. He stated that he presented his
concerns to the Planning Commission, who
suggested that perhaps the specific use of urban -
zoned nurseries should be studied further. He
requested that the Council direct this to be
studied further.
MOTION was made by Councilmember Ricker, seconded
by Mayor Bergman, to direct staff and the
Planning Commission to consider the issue of
nurseries and greenhouses in urban zoning
districts as a conditional or permitted use
relative to outside storage, display and sales.
Motion carried, five ayes.
Discussion was held on the recommended provisions
for perimeter landscaping and monument signs in
PUD's.
MOTION was made by Mayor Bergman, seconded by ORDINANCE 90 -38
Councilmember Zitur, to adopt ORDINANCE NO. 90 -38 AMENDING ZONING
AMENDING PORTIONS OF THE ORDINANCE 80 -9 ADOPTED ORDINANCE
JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE Item 7 -W
PLYMOUTH ZONING ORDINANCE, deleting Section 1
which would reduce the side yard setback in R -lA
Districts as recommended by the Planning
Commission, and deleting Section 2 to be
rewritten by staff to clarify the situation of
phased projects and interior common area
improvements.
Motion carried on a roll call vote, five ayes.
Emmane
MOTION was mad by Councilmember Zitur, seconded
by Councilmember asiliou, to adopt RESOLUTION
N0. 90 -803 AUTHORI G CONDEMNATION PROCEEDINGS
NORTHCENTRAL TRUNK S R, CITY PROJECT NO. 015.
Motion carried on a roll 1 vote, five ayes.
RESOLUTION 90 -803
AUTHORIZING
CONDEMNATION
PROCEEDINGS
NORTHCENTRAL TRUNK
SEWER,
PROJECT NO. 015
Item *7 -X
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
DECEMBER 5, 1990
I
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire, Hal Pierce, Dennis Zylla, Joy
Tierney, Larry Marofsky, and Michael
Stulberg (arrived at 7:40 p.m.).
MEMBERS ABSENT: None.
STAFF PRESENT: Coordinator Charles Dillerud, Director
Blair Tremere, City Engineer Dan
Faulkner, and Sr. Clerk /Typist Denise
Lanthier.
MINUTES
Inning
Commission is tabling the reenwalt
Development a itioner's written request
Chairman Plufka introduced the continued public hearing
for the Zoning Ordinance amendment regarding standards for
outside display, storage and sale of merchandise.
Chairman Plufka reopened the public hearing from the
November 28, 1990, Planning Commission meeting.
Commissioner Marofsky noted a typographical error in the
Zoning Ordinance Draft Amendment No. 6. He noted that the
word "there" should be changed to "where" on Page 2,
Paragraph 3.a., Line 3 of the staff memorandum.
Commissioner Marofsky stated that he does not feel
comfortable adding Paragraphs (1) e. and f. under Section
10, Subdivision C, Paragraph 6.c. He stated he believes
these paragraphs should be set apart for clear reference
to transient merchant /sales.
Chairman Plufka noted the Planning Commission's receipt of
a letter from Jerry Theis of Dundee Nursery & Landscaping
Co. dated November 21, 1990.
Chairman Plufka introduced Jerry Theis of Dundee Nursery &
Landscaping Co.
ZONING ORDINANCE
AMENDMENT
Planning Commission Minutgr
December 5, 1990
Page 218
Mr. Theis stated he is concerned that adoption of the
Zoning Ordinance amendment will envelop his company
causing him to apply for Conditional Use Permits or
Administrative Permits even though they are a permitted
use.
Chairman Plufka closed the public hearing.
MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE
Marofsky, to recommend approval of the Zoning Ordinance
amendment regarding standards for outside display, storage
and sale of merchandise.
Commissioner Marofsky stated that transient
merchants /produce merchants should not be allowed outside
storage in B -1 Business Districts.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce, to amend Zoning Ordinance Draft Amendment No. 6 to
insert the words "B -2 and B -3" before the word "BUSINESS"
in third line of Paragraph 3.c.
Commissioner Pierce asked if, by this amendment, the
outside storage standards will change for greenhouses and
nurseries.
Director Tremere responded affirmatively to the extent
that these standards impact greehouses and nurseries.
There are no specific standards for greenhouses and
nurseries.
Roll Call Vote on Motion to Amend. 6 Ayes. MOTION VOTE - MOTION TO AMEND
carried. CARRIED
Roll Call Vote on Main Motion. 6 Ayes. MOTION carried. VOTE - MAIN MOTION
CARRIED
MOTION by Chairman Plufka, seconded by Commissioner MOTION TO ADVISE CITY
Pierce, to request staff to research the outside storage COUNCIL
and display of merchandise for greenhouses and nurseries
in preparation for a Planning Commission study of the
subject.
Director Tremere was requested by the Planning Commission
to contact the nursery and greenhouse owners of Plymouth
to participate in the study.
Commissioner Wire stated the City should look at
administratively exempting Dundee Nursery & Landscaping
Co. from this Zoning Ordinance amendment instead of
webbing the ordinance around them.
Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED
PLYMOUTH ZO
Section 8, Subdivision B
SUBDIVISION B - ALLOWABLE USES: BUSINESS DISTRICTS
Within the Business Districts, no building or land shall be used except for one
or more of the following uses providing they comply with the performance
standards set forth in Subdivisions F and G of this section. Letter
designations shall be interpreted as meaning:
P - Permitted Uses
C - Uses by Conditional Use Permit
A - Accessory Uses
DISTRICTS
B -1 B -2 B -3
Office
Limited Retail Service
1. C C
2. -- C
3.
4. C
5. P P
6. C C
7. P P
B. C
9. C
10. --
11. --
12. P
13. C
14.
P
6. --
C
P
P
P
C
P
C
C
C
P
C
P
P
C
P
P
P
C
C
C
P
USES
Amusement Centers ,
Automobile /motor vehicles: minor repair,
service, parts, wash, rental. Marine and
machinery: sales, minor repair and service
parts, wash and rental. Gasoline Service
Stations as specifically regulated by this
ordinance and the City Code. (Amend. Ord.
No. 82 -15 & 90 -38)
Automobile /motor vehicle sales and major
repair.
Nursing Homes, Senior Citizen and
Congregate Housing (Ord. 89 -02, Amend. Ord.
89 -38)
Bus /transit station or terminal without
vehicle storage.
Post secondary, vocational or trade
schools. (Amended Ord. 89 -02)
Clinics, medical office.
Commercial recreation such as bowling
alleys, billiard halls, miniature golf,
etc. (Ord. 87 -16)
Day Care Facility, as regulated in Section
9. (Amend. Ord. 89 -38)
Dry cleaning and laundry establishments
with no more than four (4) employees for
cleaning or pressing.
Dry cleaning and laundry collection
stations, and self- service.
Essential services.
Essential service buildings.
Equipment rental.
Financial institutions.
Greenhouses and nurseries with retail
sales.
8 -3
DISTRICTS USES
Section 8, Subdivision B
B -1 B -2 B -3
Limited e
38. -- C C Spo nd fitness club.
39. C C C Sports a fitness club in an office
building ailable for employee /tenant use
only ch clearly is incidental to the
ipal use. (Ord. 85 -18)
40. C C Theaters (indoor).(Amended Ord. 89 -02)
41. C -- -- Theaters inside approved office buildings
or office complexes. (Ord. No. 87 -16)
42. __ p P Transient Merchants as regulated in
43. -- P P Transient produce merchant as regulated in
Section 10 (Amended Ord. 86 -01)
44. C C C Any permitted or accessory use such as
sales, service, display, or storage of
materials, products, and vehicles
conducted outside the building containing
the principal use that is not specifically
allowed or is not prohibited elsewhere in
this ordinance. (Amend. Ord. 90 -38)
45. A A A Si ns as herein regulated.
46 loading as herein
regulated.
47. A A A Outside, above- storage facilities
for non -li ' gaseous fuels such as
propan ed for heating purposes, or for
di sing purposes clearly incidental to
e approved principal use and not for
sale, as regulated in Section 10.
Amended Ord. No. 82 -15)
48. A A A Temporary outdoor promotional and
merchandisin activities as regulated in
Section 10. Amended Ord. 85 -07)
49. A A Administrative offices, meeting rooms,
classrooms and food preparation and
service areas, in a Place of Worship, the
use of which is incident and directly
related to the primary use. (Ord. 89 -02)
50 A A A Secondary uses customarily incident to the
permitted or conditional uses allowed in
the district, unless otherwise regulated
in this Ordinance. (Amended Ord. 89 -02)
51. C -- C Community Correctional Facility as
regulated in Section 9 (Ord. 89 -38)
52. C -- s re ulated
in Section 9. (Ord. 89 -38
8 -5
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
c. In determining the depth of rear yard for any building where the rear yard
opens into an alley, one -half (1/2) of the width of the alley, but not
exceeding ten (10) feet, may be considered as a portion of the rear yard
subject to the following qualifications:
1) The depth of any rear yard shall not be reduced to less than ten (10)
feet by the application of this exception.
2) If the door of any building or improvement, except a fence, opens toward
an alley, it shall not be erected or established closer to the center
line of an alley than a distance of fifteen (15) feet. (Amended Ord.
No. 85 -07)
3. Yard Landscaping:
In all CLASSES OF BUSINESS AND INDUSTRIAL DISTRICTS, all required yards shall
either be open landscaped and green areas or be left in a natural state, except
as provided by Subdivision B, paragraph 5(f) of this Section. Yards to be
landscaped shall be landscaped attractively with lawn, trees, shrubs, etc., in
accordance with the adopted landscaping standards and criteria policy. Any areas
left in a natural state shall be properly maintained in a sightly and well -kept
condition. Yards adjoining any of the Classes of RESIDENCE DISTRICTS shall be
landscaped with planting buffers or other screens. Plans for such screen shall
be submitted as a part of the application for site plan approval and building
permit and installed as a part of the initial construction.
4. Storage and Display of Materials: (Amend. Ord. 90 -38)
a. In all CLASSES OF BUSINESS DISTRICTS and the INDUSTRIAL DISTRICT, open
storage of materials in any required front, side or rear yard shall be
prohibited.
b. Any other outside storage shall be located and screened per plans approved by
the City so as not to be visible from any CLASSES OF RESIDENCE DISTRICT, from
adjoining property or from the public street.
c. Outside storage of materials involving an enclosure of up to 120 square feet
properly located on a site in accordance with plans approved by the City may
be allowed in the B -2 and B -3 Districts with an administrative permit issued
in accordance with the requirements of this subdivision.
d. Outside display of merchandise may be allowed in the-B -2 and B -3 districts by
administrative permit issued pursuant to the requirements of this subdivision
subject to the following:
1) Automotive products may be displayed in the pump island area of service
stations which have a current operating license.
2) Vending machines accessory to and under the management of the principal
allowable use.
10 -43
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
3) The maximum amount of outside display allowed is 50 percent of the
linear structural frontage on the main entrance side of the principal
building; a maximum 4 feet depth measured from the exterior wall of the
building; and a maximum height of 6 feet.
4) Outside display of merchandise shall involve no additional signage other
than for price of the product where the package of the merchandise
itself has sign value.
5. Area Regulations:
No lot shall be so reduced that the area of the lot or dimensions of the open
space shall be smaller than herein prescribed.
6. Accessory Uses:
a. The following accessory uses, in addition to those herein before specified
shall be permitted in any RESIDENCE DISTRICT, if the accessory uses do not
alter the character of the premises in respect to their use for the purposes
permitted in the District.
1) The renting of rooms or the providing of table board in a dwelling as an
incidental use to that of its occupancy as a dwelling of the character
permitted in the respective District, but not to the extent of
constituting a hotel as defined in this Ordinance, unless permitted in
the District.
2) The operation of necessary facilities and equipment in connection with
schools, colleges, universities, hospitals and other institutions
permitted in the District.
3) News and refreshment stands and restaurants in connection with passenger
stations.
4) Recreation, refreshment and service buildings in public parks and
playgrounds.
5) Fallout shelters.
b. The following accessory uses, in addition to those hereinbefore specified
shall be permitted in any NON- RESIDENCE DISTRICT, if the accessory uses do
not alter the character of the premises with respect-to their use for the
purposes permitted in the District.
10 -44
Section 10, Subdivision C
1) Outside, above - ground storage facilities for gaseous, non - liquid fuels
used for heating purposes, or for dispensing purposes related to the
approved principal use, but not for sale. Such facilities shall be
limited to liquified petroleum and propane gas used for stand -by heating
and to equipment used for dispensing such gaseous fuels to vehicles and
containers which are used in conjunction with the allowed principal use.
The location and design of such facilities for new developments should
be included with the Site Plan submitted for review and approval as
required by this Ordinance. The location and design of such facilities
for existing developments in all cases shall be subject to the approval
of the Building Official and the following criteria: (Amended Ord. No.
85 -07)
a) The design, construction, and location of the equipment must comply
with State and City Codes including appropriate National Fire
Protection Association specifications and Uniform Fire Code
requirements.
b) An accurate site plan for the development based upon a certified
survey, shall be submitted showing, to scale the location of the
storage equipment, including any fencing and landscaping relating
to the safety and screening of the equipment.
c) Landscaping or other approved materials shall be provided to create
an effective visual break by screening the equipment from public
view.
d) Solid wall enclosures should not be used, to assure that fire hose
streams can be directed onto the storage equipment with minimal
obstruction.
e) Equipment must be located so as not to obstruct approved parking
spaces, driving aisles, fire lanes, utility easements, or required
building ingress or egress points.
f) No signage shall be permitted, other than required safety
information and operating instructions. For the purposes of this
policy, "signage" includes words, graphics, logos, and symbols.
Amended Ord. No. 82 -15)
c. Temporary outdoor promotional and merchandising activities directed at the
general public may be allowed as an accessory use in the B -2 and B -3 BUSINESS
DISTRICTS on the premises of permitted and conditional uses, subject to
issuance of an administrative permit and subject to the requirements of this
paragraph. It is the intent of this paragraph to provide for temporary
events and sales which are distinguished from permanent outside business
activities that are allowed only by Conditional Use Permit approved by the
City Council. (Amend. Ord. 90 -38)
10 -45
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
1) Application and Fee.
a) Application for a temporary outdoor promotional or merchandising
activity shall be made to the Zoning Administrator on forms to be
provided by the City at least 30 calendar days prior to the
proposed event.
b) The application shall be co- signed by the fee owner of the subject
property; or the application shall be accompanied by a statement
from the fee owner or a copy of a bona fide lease agreement
authorizing the proposed event.
c) Unresolved disputes as to administrative application of the
requirements of this paragraph shall be referred to the Planning
Commission and to the City Council pursuant to the Conditional Use
Permit review and approval provisions of Section 9, Subdivision A
of this Ordinance.
d) The application shall be accompanied by a non - refundable fee which
shall be the fee established by the City Code for Conditional Use
Permit applications.
e) A written affidavit from the transient produce merchant shall be
submitted indicating that the produce to be sold by the merchant
was grown by the merchant on property that is occupied and
cultivated by him. The affidavit shall list the produce to be sold
and the place where the produce was grown.
f) Transient merchants shall show evidence of com liance with City
licensing requirements. (Ord. 90 -38 (e) & (f)
2) Required Information and Plans. The application shall be accompanied by
the following:
a) A concise statement describing the proposed event, including the
purpose, type of merchandise involved, dates and times of
operation, number of employees involved, provisions for on -site
security, provisions for on -site parking, and other pertinent
information required by the Zoning Administrator to fully evaluate
the application;
b) A copy of the approved Site Plan for the property or an "as- built"
survey which accurately represents existing conditions on the site,
including entrances and exits, and bona fide parking and driving
areas, and which accurately indicates any proposed temporary
structures, including tents, stands, and signs;
c) An accurate floor plan, when, in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the
location of the event and the effectiveness of building entrances
and exits.
10 -46
3)
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
d) A copy of'the current Sales Tax Certificate issued by the State of
Minnesota.
Procedure.
a) The Zoning Administrator shall review the application and related
materials and shall determine that the proposal is in compliance
with all applicable codes, ordinances, and the specific standards
for temporary promotional and merchandising activities as set forth
in this paragraph. The application shall also be reviewed by the
Director of Public Safety.
b) A written permit shall be issued to the applicant when a
determination of compliance has been made. Specific conditions to
assure compliance with applicable codes, ordinances, and the
standards in this paragraph shall be attached to the permit.
c) Determination of non - compliance with applicable codes, ordinances,
and the standards in this paragraph shall be communicated to the
applicant in writing and the application for the permit shall be
considered denied; unless, within ten days of the date of such
notice, the applicant submits revised plans and /or information with
which the Zoning Administrator is able to determine compliance.
4) Definitions and Standards. (Ord. 90 -38)
a) Temporary Promotional Events
i. Definition. Temporary Promotional Events include carnivals,
craft shows, flea markets, mechanical and animal rides and
displays of materials that are typically not sold or serviced
on the site.
ii. Standards. The following shall apply to all proposed
temporary outdoor promotional events allowed by this paragraph
in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator:
a. Promotional events shall
calendar days per event;
Saturday and a Sunday.
not exceed three consecutive
two of the days shall be a
b. There shall be no more than two promotional events per
calendar year per property.
b) Temporary Sales Activities
i. Definition. Temporary Sales Activities include sidewalk
sales, inventory reduction or liquidation sales,
distressed merchandise sales, seasonal merchandise sales,
transient merchant and transient produce merchant sales.
10 -47
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
ii. Standards. The following shall apply to all proposed
temporary outdoor sales activities allowed by this
paragraph in addition to other applicable building and
safety code requirements as determined by the Zoning
Administrator.
a. The maximum total time for sales activities shall be
60 days per calendar year per property.
b. There shall be no more than 10 sales activities per
year per property.
c. Sales activities may be conducted within a required
yard provided the area is paved and the activity
does not interfere with parking, traffic circulation
or emergency vehicle access. Temporary sales on
unpaved landscaped areas is prohibited.
d. Businesses with a conditional use permit allowing
business activity outside the building at the time
this paragraph is adopted may obtain an
administrative permit for up to 30 additional days
for temporary outside sales, provided that the total
number of days does not exceed 90 days per calendar
year per property.
5) General Requirements (Amended by Ord. 90 -38)
a) The event or sales shall be clearl accessory to or promotive of
the permitted or conditional use(sl approved for the site. Only
merchandise which is normally sold, or stocked by the occupant(s)
on the subject premises shall be sold and /or promoted, provided
that seasonal merchandise and licensed transient merchant and
transient produce merchant activities as defined by this ordinance
may be allowed.
b) Tents, stands, and other similar temporary structures and temporary
vehicles and mobile equipment may be utilized, provided they are
clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair
the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
10 -48
7.
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
c) The submitted plan shall clearly demonstrate that adequate off -
street parking for the proposed event can and will be provided for
the duration of the event. Determination of compliance with this
requirement shall be made by the Zoning Administrator who shall
consider the nature of the event and the applicable parking
requirements of this Ordinance. Consideration shall be given to
the parking needs and requirements of other occupants in the case
of multi- tenant buildings. Parking on public right -of -way and
streets is prohibited; except that parking on local streets may be
allowed on Saturday and Sunday only, provided that the petitioner
arranges for traffic control by authorized law enforcement
officers, as approved in writing by the Director of Public Safety,
at the petitioner's expense.
d) Signage related to the event shall be in compliance with the
temporary commercial sign standards of this Ordinance for the
district that includes the property, and shall be allowed for the
duration of the event. Special signage for purposes of traffic
direction and control may be authorized by the Zoning
Administrator; the erection and removal of such signage shall be
the responsibility of the applicant.
e) The approved permit shall be displayed on the premises for the
duration of the event.
6) Administration and Enforcement.
a) The Zoning Administrator shall keep a record of applications and
permits.
b) A copy of all permits issued shall be forwarded to the Director of
Public Safety prior to the event.
c) Enforcement of the provisions of this paragraph shall be in
accordance with Section 11 of this Ordinance. Violation of an
issued permit or of the provisions of this Section also shall be
grounds for denial of future permit applications. (Ord. No. 85 -07)
Accessory Buildings:
a. A residential accessory building or structure attached to the main building
shall be made structurally a part of the main building and shall comply in
all respects with the requirements of this Ordinance applicable to the main
building, except as otherwise provided in this Ordinance.
1) The minimum front yard setback for an attached residential accessory
building or structure shall be the same as the main building. (Ord. 89-
27)
10 -49
CITY Or PLYMOUTH
Pursuant to due call and notice thereof, a reZUlAr meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 16thhday of
July ,. 19go The following members were present: Counci M9Mbers
Hol l iwal 1, Ricker, Vasiliou, and Z tur
The following members were absent: Mayor Bergmn
introduced the following Resolution and
moved its adoption:
RESOLUTION 90 -430
APPROVING AMENDMENT TO MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR
RYAN CONSTRUCTION COMPANY (90051) (MPUD 89 -2)
WHEREAS, Ryan Construction Company has requested approval for an amendment to
their MPUD Preliminary Plan and Conditional Use Permit to include a 28,000
square foot outdoor garden sales area to the south end of the building on Lot
2, Block 2; and to permit a reduction in stacking at the convenience window
for the strucure on Lot 3, Block 2 from 10 spaces to 4 spaces for property
located at the northeast quadrant of I -494 and County Road 9 (east of Vinewood
Lane); 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
Ryan Construction Company for an amended MPUD Preliminary Plan and Conditional
Use Permit to include a 28,000 square foot outdoor garden sales area to the
south end of the building on Lot 2, Block 2; and to permit a reduction in
staekinq at the convenience window for the structure on Lot 3, Block 2 from 10
spaces to 4 spaces for property located at the northeast quadrant of I -494 and
County Road 9 (east of Vinewood Lane), subject to the following conditions:
1. Removal of all dead or dying trees from the property at the owner's
expense.
2. No building permits shall be issued until a contract has been awarded for
sewer and water.
3. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of issuance of building
permits.
4. Street names shall comply with the City Street Naming System, specifically
Vinewood Lane North to the south line of Outlot A and 42nd Place North
from that point easterly to West Medicine Lake Drive.
see next page)
E
Resolution No. 90 -430
File 90051
Page Two
i
5. Compliance with Policy Resolution No. 79080 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
6. No final approval is granted or implied for individual site details such
as setbacks,, parking, landscaping, aesthetics curb -cuts and circulation;
these will be addressed with the Final Plat and Plan.
7. Each Final Site Plan shall specifically address efforts to create and
maintain the appearance of site and structures of the site consistent with
the high visibility of the site.
8. ownership and perpetual maintenance of outlots shall be private, and
covenants implementing ownership and maintenance approved by the City
Attorney shall be recorded with the initial Final Plat.
9. Compliance with the City Engineer's Memorandum including recommendations
in response to Environmental Assessment issues raised by other agencies as
applicable.
10. All identification and cleanup activities related to wells, septic
systems, petroleum tanks, and potentially hazardous wastes shall be
completed prior to issuance of building permits.
11. All existing structures on the site shall be removed and site reclamation
per approved plans shall be completed prior to issuance of building
permits.
12. An amendment to the PUD Plan is approved to permit an outside display area
for a Garden Center of 28,000 square feet on the south end of the
strgcture on Lot 2, Block 2, consistent with the approved Final Site Plan.
13. An amendment to the PUD Plan is approved to permit a service window for
the restaurant on Lot 3, Block 2 with four spaces of automobile stacking
from the center line of the service window versus ten spaces required by
the Zoning Ordinance based on the orientation of the service window to
internal (non public) drives. Should stacking of, vehicles create
circulation conflicts on the site, or extend off the site, as observed by
City staff, the approval of the reduction of stacking space shall be
reviewed by the City Council.
14. A waste compactor container may be located at the west end of the north
wall without an enclosure structure, subject to the continued cleanliness
of this area of the site with respect to refuse and trash, based on the
topographic screening of this area of the site. The MPUD Conditional Use
Permit conditions for "Rockford Road Plaza" shall be amended to include
this condition relative to this site. Should a verified complaint be
see next page)
Resolution No. 90 -430
File 90051
Page Three
received, the matter shall be reviewed immediately thereafter by the City
Council to determine compliance with the intent of the Ordinance standard.
15. No screening of roof top mechanical equipment is required, unless it is
determined by the City that the noise level from these units at the north
property line (adjacent to residential properties) exceeds State
standards. The roof top units and the roof surface shall be painted to
match the walls fo the structure. Should a verified complaint be
received, the matter shall be reviewed immediately thereafter by the City
Council to determine complaicne with the intent of the Ordinance standard.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Helliwel , and upon vote being taken thereon,
the following voted in favor thereof: Councilmembers He liwell, Ricker.
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
02/15/91 15:44 DUNDEE PLYMOUTH NO.003 002
Blair:
Normal outdoor activity at a urban Garden Center, Greenhouse or Nursery.
Terms seem to be co- mingled in the trade.)
1. outdoor sate of outdoor plants
2. outdoor storage-and sane. growing of the same
3. outdoor sale and storage of gardening items:
a. package goods
yard barns (storage)
gazebos
yard structures
play equipment
peat moss
manure
soil
mulches .
statuary and other pots
b. bulk items - purchased by the trailer load
soil
peat
rock
wood chips, etc
straw
hay
4. wind, sun, frost protection for plants with temporary solar houses
and lath houses and fencing
It may be possible to separate areas that are open to the public from
private production areas.
Also, the need for equiptment to be stored - parked etc.
Maybe we can exempt nurseries, etc, from signage limits? We have
1,000+ signs for plant information.
Even decorating at Christmas time may be covered by the ordinance at
this time.
0_:5Q F'r.1 Pp2
AnAa
NURSERY LAN DSCA
November 21, 1990
PING CO.
Chairman Richard Plufka
Members of City of Plymouth
Planning Commission
3400 Plymouth Blvd.
Plymouth, MN 55447
Ladies and Gentlemen:
Nursery
Garden Centers
Landscape Design /Build
Floral (Plymouth only)
M[ N WI m
NOV 21
CITY OF PLYMOUTH
COMMLRaTY DEVELOPMENT DEPT.
Main Office
16800 Hwy 55
Plymouth, MN 55446
Phone (612) 559 -4004
Fax 559 -8483
FILE 91"-prr
I have reviewed a copy of the Report of Ad Hoc Task Force on City
Code and Ordinance Standards, outside Display, Storage, and Sale
of Merchandise in Business Districts dated August 1990 and wish
to submit the following comments on behalf of Dundee Nursery and
Landscaping.
As you are aware, in late 1989 the City Council reguided the
land on which Dundee's retail facility is located to B -3. At the
same time the City adopted other extensive amendments to its
Comprehensive Land Use Guide Plan. To my knowledge, the City has
not concluded the underlying rezoning of these reguided parcels
but I understand that this is a housekeeping item that is
currently in the process.
In any event, paragraph 3 of the Task Force Report recommends
that the following language be added to Section 8, Subdivision B
of the Zoning Ordinance:
Any sales, service, storage, or display activity
conducted outside the building containing a principal use
that is not specifically allowed or is not prohibited
elsewhere in this Ordinance"
Assuming that Dundee's property is rezoned to B -3, greenhouses
and nurseries with retail sales are permitted uses under the
existing paragraph 16 of Section 8, Subdivision B the Ordinance.
Paragraph 16, however, makes no reference to outside storage.
The only other Ordinance reference to outside storage that
pertains to Dundee is contained in paragraph 50 of Section 8,
Subdivision B which provides that "secondary uses customarily
incident to the permitted or conditional uses allowed in the
district, unless otherwise regulated in this Ordinance" are
considered accessory uses. I presume that our current outside
storage is authorized pursuant to this paragraph.
Locations
16800 Hwy 55, Plymouth, MN 55446 (612) 559 -4016. 4225 County Road 42 Savage, MN 55413 (612) 894 -8740
City of Plymouth Planning Commission
November 21, 1990
Page 2
However, if the Task Force recommendation is followed,*would not
Dundee's outside storage require an Administrative Permit since
under paragraph 50, it would become "otherwise regulated in this
Ordinance",-that is, Dundee's outside storage would be regulated
by the new language proposed by paragraph 3 of the Task Force
Report. If my conclusion is accurate, Dundee's outside storage
would be limited to an enclosure of up to 120 square feet without
a conditional use permit. Obviously our current storage
substantially exceeds 120 square feet and Dundee would thus have
to obtain a conditional use permit to continue operating.
Paragraph 12 of the Task Force Report proposes to severely limit
the amount of outside display that Dundee would be permitted with
the Administrative Permit. Paragraph 16 of the Report
presumably would allow for these standards to be exceeded with a
conditional use permit, but by how much and under what conditions
or criteria?
It is my understanding that the Task Force's work was initiated
in response to concerns that there were inconsistencies between
the City Ordinance and City Code relative to gasoline service
stations. The Task Force eventually expanded its work to
consider the outside display and storage generally.
To my knowledge, the City has never received a complaint about
Dundee's outside display and storage of its products and
merchandise. Accordingly, we would respectfully ask the Planning
Commission to recommend that retail sales by greenhouses and
nurseries be excepted from the proposed ordinance language or,
alternatively, recommend to the City Council that the final form
of any ordinance "grandfather" in Dundee so it does not become
necessary for Dundee to apply for a conditional use permit to
authorize what we have already been permitted to do historically.
We have expended substantial sums of money at our present
location and our business is heavily dependent on outside display
and storage of greenhouse and nursery related products. We are
obviously concerned about new ordinance changes that would create
new criteria to be applied in a conditional use permit process
since such requirements could negatively impact on how we
historically have been allowed to conduct our business in the
City.
Most of the proposed Task Force recommendations relate to
situations that are not applicable to Dundee. Why make ordinance
changes that inadvertently might include Dundee when there
haven't been any abuses by Dundee or, to my knowledge, any other
City of Plymouth Planning Commission
November 21, 1990
Page 3
nursery or greenhouse operations in the City arising out of
their outside storage or display of products?
I will be present at the meeting to answer your questions.
Sincerely,
DUNDEE NURSERY AND LANDSCAPING
Gerald Theis
cc: Mr. Blair Tremere