HomeMy WebLinkAboutPlanning Commission Packet 08-08-1990is,5,s A*
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: August 1, 1990 COMMISSION MEETING DATE: August 8, 1990
FILE NO.: 90046
PETITIONER: Ascension Evangelical Lutheran Church
REQUEST: Amended Conditional Use Permit and Site Plan, and Parking
Deferral for an Addition to the Existing Church Structure
LOCATION: Northeast Corner of 46th Avenue North and Vicksburg Lane
15870 46th Avenue North)
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: RPUD 79 -2 (Underlying Zoning R -1A)
BACKGROUND:
On August 1, 1983, the City Council adopted Resolution 83 -386 providing for
the approval of a Conditional Use Permit and Site Plan to construct the
existing church at this location. The existing site of slightly over 5 acres
now contains an existing church and parsonage totalling 6,540 square feet.
This application is to add 2,236 square feet to the existing church structure,
essentially doubling the size of that structure to 4,500 square feet. Also
proposed is the deferral of construction for 6 off - street parking spaces.
Notice of this Public Hearing on the amended Conditional Use Permit was
published in the official City newspaper and mailed to all property owners
within 500 feet. A development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The proposal is to add a sancturary addition to the south end of the
existing church structure, consistent with the master plan for the site
that was presented together with the initial 1983 Site Plan. The existing
parking lot of 50 stalls is sufficient in size to meet Ordinance
requirements with respect to the existing structure and the proposed new
addition. The applicant proposes, however, to restripe the parking lot to
provide a traffic island at the main entrance, resulting in the loss of 6
off - street parking spaces. The applicant proposes to defer construction
of those spaces, and has shown on the Site Plan sufficient area for 80
additional parking spaces. Those spaces could be constructed if required
at a future date.
see next page)
File 90046
Page Two
2. A feature of the Site Plan is the conversion of the existing " Amhurst"
monument sign that exists at the northeast corner of 46th Avenue North and
Vicksburg Lane. The lease arrangement between the church and the Amhurst
developer regarding the sign has expired. The church will remove the
lettering from the monument, but leave the retaining wall in place. On
top of the retaining wall, the church proposes to construct a sign
identifying the church of 32 square feet, consistent with Zoning Ordinance
standards.
3. The Site Plan meets the standards and specifications of the Zoning
Ordinance and other related codes, ordinances, and policy resolutions
regarding the design of sites in this zoning district. Specifically, the
Site Plan is consistent with City standards with respect to landscaping,
setbacks, outdoor lighting, trash handling (an enclosure attached to the
main building), roof top unit treatment (non proposed), and signage. The
lot size and percent of imperious lot coverage are under Zoning Ordinance
maximums for "Other Uses" in the R -1A Zone. No variances are proposed or
required. Parking deferral is proposed to be handled as a function of the
amended Conditional Use Permit.
4. The proposed exterior finish of the addition will be predominantly stucco
with a vertical inset of decorative concrete block, similar to that which
is used on the existing building. The appearance of the structure should
be complimentary to the existing appearance of the site and surrounding
uses, and therefore consistent with the terms of the City Council policy
regarding site and building aesthetics and architectural design.
5. The site is located in the Bassett Creek Watershed District and contains
no shorelands, wetlands, flood plains, or City storm water holding areas.
Although some trees exist on site, they are not considered significant per
the Plymouth Physical Constraints Analysis. The site contains no slopes
of over 12 percent and is capable of urban development with municipal
water and sewer. The site does not present physical constraints as
defined by the Plymouth Physical Constraints Analysis.
6. The Plymouth Zoning Ordinance, in Section 9, provides 6 standards that
must be found prior to approval of any Conditional Use Permit. A copy of
those standards is attached to this staff report, together with the
applicant's response to those standards.
PLANNING STAFF COMMENTS:
1. The proposed Site Plan meets or exceeds the standards of the Zoning
Ordinance and all related City of Plymouth's codes, ordinances, and
policies regarding the design of sites for "other uses" in the R -1A
District.
2. Based on the substantial site area available, and the "proof of parking"
design presented by the applicant, the request to reconfigure the existing
parking lot resulting in the deferral of 6 off - street parking
see next page)
File 90046
Page Three
spaces is reasonable. We recommend a memorial to the title of the
property evidencing the deferral and specifying that the defferred parking
shall be constructed if it is found in the future that parking problems
are resulting from church operations.
3. We find the proposed amendment to the Conditional Use Permit consistent
with the standards of the Zoning Ordinance. No new functions are proposed
as a result of the structure enlargement.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for approval
of a Site Plan and amended Conditional Use Permit to allow expansion of the
church facility, together with a deferral of construction for 6 off - street
parking spaces. ze-, ^ _
Submitted by:
arTes E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving Amended Conditional Use Permit and Site Plan
2. Engineer's Memorandum
3. Conditional Use Permit Standards
4. Location Map
5. Large Plans
pc /cd /90046:dl)
APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR ASCENSION LUTHERAN
CHURCH (90046) (RPUD 79 -2)
WHEREAS, Ascension Lutheran Church has requested approval for an amendment to
the Conditional Use Permit and Site Plan approved under Resolution 83 -386 for
construction of a 2,236 square foot addition to the existing structure located
at 15870 46th Avenue North; 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
Ascension Lutheran Church for an amended Conditional Use Permit and Site Plan
for construction of a 2,236 square foot addition to the existing structure
located at 14870 46th Avenue North, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication has been satisfied
through Development Contract 79046 "Amhurst 2nd Addition ".
3. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
4. Any signage shall be in compliance with the approved plan.
5. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
7. All waste and waste containers shall be stored within the approved
structure, and no outside storage is permitted.
8. Approval of temporary curbing for areas noted for future expansion or
until deemed necessary.
9. Reconfiguration of the existing parking lot is hereby approved to reduce
the number of spaces from the existing 50 to 44, based on the Site Plan
submitted based on the "proof of parking" shown on the Site Plan for up to
80 additional spaces on site. A covenant shall be prepared by the
applicant, and approved by the City Attorney, that will memorialize this
parking construction deferral and provide that the additional 6 parking
spaces will be constructed by the applicant, if directed to do so by City
staff upon a finding that a parking problem related to the church exists
at any time. The covenant will be recorded on the title to the property
prior to issuance of a building permit for this addition.
10. This resolution supercedes Resolution 83 -386.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: August 2, 1990
FILE NO.: 90046
PETITIONER: Mr. Jack Hinnenthal, President, Ascension Evangelical Lutheran
Church, 15870 - 46th Avenue North, Plymouth, MN 55446
SITE PLAN: ADDITION TO EXISTING CHURCH ASCENSION EVANGELICAL LUTHERAN
LOCATION: North of 46th Avenue, east of Vicksburg Lane in the southwest 1/4 of
Secton 9.
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. X 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.
N/A Yes No
X -
8. X --
9. - X -
N/A Yes No
10. X
11. 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.)
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.
All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
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.
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-
0
UTILITIES 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
Hennepin County
MPCA
State Health Department
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 drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. _ X 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. _ X 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
t
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 on
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. 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. See special condition.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. The connection to the existing 18 inch watermain shall be wet tapped. t
B. The new islands in the parking lot shown on the landscape plan shall be added
to the Site Plan along with a B -612 concrete curb detail.
Submitted by: 2 "(0
Daniel L. Faulkner, P. E.
City Engineer
6-
rf
PUN SO.TIM 91 A
2. p Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Cmudssion for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recarrendation 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 improvemm:ent 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 COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: August 1, 1990 COMMISSION MEETING DATE: August 8, 1990
FILE NO.: 90067
PETITIONER: Terrence O'Connell
REQUEST: Conditional Use Permit for a Home Occupation to Distribute
Watkins Products
LOCATION: 4495 Forestview Lane North
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
There are no applications on file in the Community Development Department
regarding development actions on this parcel.
Proposed is a "Home Occupation - Conditional" for the sale and distribution of
Watkins Products ".
Notice of this Public Hearing has been published in the official City
newspaper, and mailed to all property owners within 500 feet.
PRIMARY ISSUES AND ANALYSIS:
1. The Zoning Ordinance allows two classes of home occupations in residential
zoning districts. Certain home occupations - -of a very minor nature and
involving no external evidence of those occupations - -are a permitted use
in the residence districts. Certain other home occupations, specifically
those that involve the keeping of "stock -in- trade" require a Conditional
Use Permit. Since stock -in -trade will be kept on the premises between the
time orders are delivered to the applicant, and the time he redelivers
those orders to his customers, a Conditional Use Permit is required in
this case.
2. In response to an issue raised during the Development Review Committee
consideration of this application, the applicant has informed the City
that no flammable substances will be kept in amounts in excess of 30
gallons. The Fire Inspector has indicated that quantities of less than 30
gallons are not covered by the Fire Code and would not be a fire hazard
concern.
see next page)
File 90067
Page Two
3. The Zoning Ordinance provides that six standards be met prior to issuance
of any Conditional Use Permit. A copy of those standards is attached, and
a letter of the applicant dated July 1, 1990, is also attached in which he
provides evidence of his use complying with the standards.
4. The area of the existing structure proposed to be used for the home
occupation will be under 30 percent of the home, and therefore secondary
and incidental to the primary use of the structure -- single family
residence.
PLANNING STAFF COMMENTS:
1. The proposed home occupation meets the definition of "Home Occupation -
Conditional" of the Plymouth Zoning Ordinance.
2. The proposed home occupation meets the six standards of the Zoning
Ordinance specified for any Conditional Use Permit.
3. The proposed home occupation is secondary and incidental to the primary
use of the single family residence.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of a Home Occupation - Conditional for the distribution of Watkins
Products, as request-ef1 nL
Submitted by: ( (
Char es E. llerud, Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit Home Occupation
2. Zoning Ordinance Definition of Home Occupation - Conditional
3. Conditional Use Permit Standards
4. Petitioner's Letter of July 1, 1990
5. Location Map
6. Structure Use Graphics
pc /cd /90067:dl)
APPROVING CONDITIONAL USE PERMIT FOR HOME OCCUPATION FOR TERRENCE O'CONNELL
90067)
WHEREAS, Terrance O'Connell has requested a Conditional Use Permit for a Home
Occupation to distribute Watkins Products from his home at 4495 Forestview
Lane North; 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
Terrance O'Connell for a Conditional Use Permit for Home Occupation to
distribute Watkins Products from his home at 4495 Forestview Lane North,
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. There shall be no signage allowed on the property relative to the use.
4. There shall be no outside display, sales, or storage of merchandise or
related materials.
5. The permit shall be renewed in one year to assure compliance with the
conditions.
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision B
r
inc uding but not limited to grease, wrappings, shells, grounds ones,
entrails, and similar materials resulting from the handling p aration,
cooking, service and consumption of food, and other animal was (Amended
Ord. 87 -31)
Gasoline Service Station -- Any building or premises used f the dispensation,
sale or offering for sale at retail of any motor fue oils or lubricants.
When the use is incidental to the conduct of a p c garage, the premises
are classified as a public garage.
General Development Plan -- A report in text an ap form with the map drawn to
scale depicting the general location nd relationship of structures,
streets, driveways, recreation areas parking areas, utilities, etc. as
related to a proposed development.
Grade (Adjacent Ground Elevation) - ,00fhe lowest point of elevation of the
finished surface of the gro between the exterior wall of a building and
a point 5 feet distant fr said wall, or the lowest point of elevation of
the finished surface o e ground between the exterior wall of a building
and the property li f it is less than 5 feet of a public sidewalk, alley
or other public , the grade shall be the elevation of the sidewalk,
alley or publi ay.
Guest Room 11 room or rooms used, or intended to be used by a guest for
sleepi -- urposes.
Hei!Oint Building -- The vertical distance from the "Grade" to the highest
of the coping of a flat roof or to the deck line of a mansard roof or
Home Occupation -- Any gainful occupation or profession engaged in by the
occupant of the dwelling unit within the dwelling unit which is clearly
incidental and secondary to the residential use of the premises, provided,
such activity does not produce light glare, noise, odor, or vibration
perceptible beyond the boundaries of the premises; does not involve the use
of accessory structures or any of the following: Repair, service, or
manufacturing which requires equipment other than that customarily found in
a home; over -the- counter sale of merchandise produced off the premises; or,
the employment of persons on the premises other than those customarily
residing on the premises. (Ord. 88 -37)
Home Occupation Conditional -- Any gainful occupation or profession, approved
pursuant to the conditional use permit provisions of this Ordinance,
engaged in by the occupant of a dwelling unit within the dwelling unit or
within not more than one accessory structure permitted by the Zoning
Ordinance, and which involves any of the following: Stock -in -trade
incidental to the performance of the service; repair, or manufacturing
which require equipment other than that customarily found in a home; the
employment on the premises, at any one time, of not more than one perso
who is a non - resident of the premises; the teaching of more than one but
not more than four non - resident students at any given time; or the need for
not more than two parking spaces in addition to spaces required for the
4 -7
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision B
persons residing on the premises. The activity shall be clearly incidental
4roo
blp and secondary to the residential use of the premises, including the
dwelling and permitted accessory or installations thereon; and shall not
produce light glare, noise, odor, or vibration perceptible beyond the
boundaries of the premises; and shall not consist of over - the - counter sales
of merchandise produced off the premises. (Ord. 88 -37)
H _ ift-WILtY V11 _ ings
within the meaning of Minnesota Statute Chapter 144.50. (Ord. 89 -3
Hotel (Motel) -- Any building or portion thereof where lodging is offered
to transient guests for compensation and in which there are mor than three
3) sleeping rooms, with no cooking facilities in an indiv ual room or
apartment.
Impervious Surface -- Surfaces that do not absorb water. hey consist of
all buildings, parking areas, drivewa s, roads, sidewal , and any areas of
concrete asphalt. (Amended Ord. 89 -02T
Junk Yard -- Land or buildings where waste, discarded salvaged materials are
brought, sold, exchanged, stored, cleaned, packe , disassembled or handled,
including, but not limited to scrap metal, r , paper, rubber products,
glass products, lumber products and products sulting from the wrecking or
salvage of automobiles or other vehicles.
Land Reclamation -- Depositing fifty (50) cubi yards or more of material so as
to elevate the grade.
Limited Access Highway -- A traffic -way, '` cluding toll roads, for through
traffic, in respect to wh/
nol
or occupants of abutting property or
lands and other persons hl right of access to or from the same,
IF except a t such points onluch manner as may be determined by the
public authority having ju over the traffic -way.
Loading Space -- That portion plot designed to serve the purpose of
loading or unloading for a f vehicles.
Lot -- One unit of a record plat or subdivision occupied or to be occupied by
a building and its ac ssory buildings and including as a minimum such open
spaces as are requir d under this Ordinance and having frontage on a public
street or approved
rd
street.
Lot Area -- The tot#( land area within the lot lines.
Lot Area per Dwe ing Unit -- The lot area required by this Ordinance to be
provided f each dwelling.
Lot, Corner A lot situated at the junction of and fronting on two or more
streots .
Lot, overage -- The area of a lot occupied by the principal building or
buildings and, structures, except as explicitly provided otherwise by this
16-0 00100
FROM SSMC K 9, S IN' DIVTMGN A
2. 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 CaTprehensive 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
July 1, 1990
City of Plymouth
Community Development Department
Q
D
JUC 3 1990
C/ rY OFCOMpeUN1IYQ
r
vrHr
OPMOfPT.
I am applying for a Home Occupation Conditional Use Permit to enable me to become
a Watkins Products dealer. It is my understanding that since some stock -in -trade will
be in my home before being delivered to customers that this permit is required.
As a Watkins Products dealer I will be sponsored by an existing Watkins Distributor.
Product will either be delivered to me or picked up by me from my distributor every
two weeks. I will in turn deliver product to my customers as required.
I don't anticipate any parking requirements, light, glare, odor, or vibration perceptible
beyond the boundaries of the premises.
Please see the attached sketch of the basement area of my home which I plan to use in
this business.
Terrence E. O'Connell
4495 Forestview Ln. N.
Plymouth, MN 55442
612)559 -1940
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A
DATE:
TO:
FROM:
SUBJECT:
W 0 80
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
August 1, 1990
PlanniXNDMENT
n
Charle d, Community Development Coordinator
DRAFT THE ZONIN G ORDINANCE REGARDING FREESTANDING SIGNS
IN THE B -1 ZONING DISTRICT (90026)
As directed by the Planning Commission, we have published a notice of Public
Hearing for August 8, 1990, to consider the attached proposal to amend the
Zoning Ordinance with respect to freestanding business signs in the B -1 Zoning
District. This draft language was presented to the Planning Commission on
July 11, 1990, responsive to direction provided on May 9, 1990.
Miles Homes has been provided a copy of this memorandum and attachments, and
they have been invited to attend this hearing to comment on the draft
Ordinance amendment proposed.
ATTACHMENTS:
1. Draft Ordinance Amendment
2. Planning Commission Minutes of May 9, 1990
pc /cd /90026:dl)
DRAFT AMENDMENT NO. 1
HEARING DATE: May 9, 1990
DESCRIPTION:
Provide for a second freestanding identification sign for parcels in the B -1
Zoning District based on certain restrictions and as a replacement for
otherwise permitted wall signage.
SECTIONS INVOLVED: Section 10, Subdivision A, Paragraph 3. b (Business
3igns - -B -1 District).
EXPLANATION /PURPOSE:
A property owner (Miles Homes, Inc.) located in the B -1 Zoning District has
made application for an amendment to the text of the Zoning Ordinance to allow
a second site identification sign in the B -1 District under certain
circumstances. The specific circumstances of Miles Homes, Inc. is frontage on
two thoroughfare streets with large site area.
Following a Public Hearing May 9, 1990, the Planning Commission directed staff
to prepare draft language to amend the Zoning Ordinance to permit the exchange
of wall signage for a freestanding sign in the B -1 District where the parcel
exceeds 20 acres; and has no access to an adjoining major thoroughfare.
The purpose of this amendment is to accomplish the direction specified by the
Planning Commission in their May 9, 1990 action.
CONCLUSIONS /RECOMMENDATIONS:
We recommend the Zoning Ordinance be amended as follows:
Add a new item to Section 10, Subdivision A, Paragraph 3. b, which would read
as follows:
3) A second freestanding Business Sign shall be permitted as a
Conditional Use where the parcel on which the sign is located
exceeds 20 acres and the parcel has no private drive access to an
abutting principal arterial or intermediate arterial street. The
second freestanding Business Sign shall be in lieu of flat wall
Business Signs otherwise permitted. The second freestanding
Business Sign shall be limited to a maximum surface area of 50
square feet and a maximum height of 16 feet. The sign shall be set
back a minimum of 20 feet from all property lines.
Underscore - indicates new text
pc /cd /7 -11)
Planning Commission Minutes
July 11, 1990
Page 118
N on Lot 1, Block 3, Plymouth Hills subject to the 14
co 'tions noted in the July 5, 1990 Staff Report.
MOTION Commissioner Marofsky, seconded by Chairman MOTION TO AMEND
Plufka to dd a condition to amend the Site Plan to
require acce directly from the parking lot to the 35th
Avenue North c -de -sac.
City Engineer Faul er stated that the City's Traffic
Engineer has recommen against direct access from the
35th Avenue North cul -de ac to the parking lot to avoid
pass through traffic and avoid confusion of multiple
access points.
Commissioner Stulberg noted that a change advocated by
the Motion to Amend would create a affic hazard and he
therefore did not support the motion.
Roll Call Vote. 2 Ayes, Commissioners Tier Zylla and VOTE - MOTION FAILED
Stulberg, Nay. Motion to Amend failed.
VOTE. 5 Ayes. Main Motion carried. VOTE - MOTION CARRIED
MOTION by Commissioner Stulberg, seconded by Chai n MOTION TO APPROVE
Plufka that it be the consensus of the Planning Commissio
that should an application be made for amendment to the
PUD Plan by the petitioner a measure of flexibility from
the dimensional standards of the Zoning Ordinance would be
considered with respect to issues involving screening of
trash facilities, design of wall signs, and
location /timing of sidewalk facilities with respect to the
PUD Plan for the "Plymouth Hills ", and the related MPUD
Site Plan for "Cub Foods ".
VOTE. 5 Ayes. MOTION carried. VOTE - MOTION CAR D
Chairman introduced the topic of Reconsideration of Zoning ZONING ORDINANCE AMEND -
Ordinance Amendment for Freestanding Identification Signs MENT FOR FREESTANDING
in Business Zones. IDENTIFICATION SIGNS
Coordinator Dillerud reviewed the Draft Zoning Ordinance
Amendment responsive to direction given by the Planning
Commission at its May 9, 1990 meeting.
MOTION by Chairman Plufka, seconded by Commission Tierney MOTION TO APPROVE
to schedule a Public Hearing for the Zoning Ordinance
Amendment regarding Freestanding Identification Signs in
Business Zones, adding a new paragraph to Section 10,
Subdivision A, which would be Paragraph 3.b.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Tierney to amend the Draft Zoning Ordinance Amendment
changing the word "adjoining" to "abutting" in line 4, and
adding the words "as a Conditional Use" at the end of the
word "permitted" in line 1.
F
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 6, 1990
TO: Planning Commission
FROM: Chuck Dillerud, Community Development Coordinator
SUBJECT: PLANNING COMMISSION DIRECTED DRAFT AMENDMENT TO THE ZONING ORDINANCE
REGARDING FREESTANDING SIGNS IN THE B -1 ZONING DISTRICT
Attached please find a draft Zoning Ordinance Amendment in the format we use
for such actions responsive to the direction given by the Planning Commission
at its May 9, 1990 meeting.
Also attached is a copy of the May 9, 1990 Planning Commission minutes
reflecting the direction on this matter.
pc /cd /7.A:jw)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 6, 1990
TO: Planning Commission
FROM: Chuck Dillerud, Community Development Coordinator
SUBJECT: PLANNING COMMISSION DIRECTED DRAFT AMENDMENT TO THE ZONING ORDINANCE
REGARDING FREESTANDING SIGNS IN THE B -1 ZONING DISTRICT
Attached please find a draft Zoning Ordinance Amendment in the format we use
for such actions responsive to the direction given by the Planning Commission
at its May 9, 1990 meeting.
Also attached is a copy of the May 9, 1990 Planning Commission minutes
reflecting the direction on this matter.
pc /cd /7.A:jw)
Planning Commission Minutes
May 9, 1990
Page 70
MOTION to amend by Commissioner Marofsky, seconded by Chairman
Plufka to add a condition to those listed in the May 3, 1990
Staff Report stating that access be provided to Ordinance
standards for subdivisions for up to three parcels that may be
created in the northeast corner belonging to Jim Guddal.
Commissioner Tierney stated that the Commissioners should look
at the street bubble possibility.
Commissioner Marofsky stated that there may be a more efficient
way to lay out the division of the Guddal property.
Roll Call Vote on Motion to Amend. 3 Ayes, Commissioner VOTE - MOTION CARRIED
Stulberg and Chairman Plufka, Nay. MOTION carried.
Roll Call Vote on Main Motion as once amended. 4 Ayes, VOTE - MOTION CARRIED
Commissioner Tierney, Nay. MOTION carried.
Chairman Plufka introduced the request of Miles Homes, Inc. for MILES HOMES, INC.
a Zoning Ordinance Amendment for signage for property located 90026)
in the B -1 Zoning District.
Coordinator Dillerud reviewed the May 3, 1990 Staff Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Morris Hartman representing the
petitioner.
Mr. Hartman stated that the site for Miles Homes, Inc. was 36.2
acres and that their building was barely visible from Nathan
Lane and Highway 169. He said that a wall sign on the building
was not appropriate or effective and his request for a change
in the ordinance would not be precedent setting if the
ordinance change was restrictive. Mr. Hartman showed the
Commissioners a diagram of the existing sign. apd site.
Chairman Plufka closed the Public Hearing.
The Commissioners *discussed signs relative to location, size,
identification, effectiveness and the possibility of trade -offs
allowing one type of sign for another.
MOTION by Chairman Plufka, seconded by Commissioner Tierney to
direct staff to draft language to amend the Ordinance to permit
the exchange of wall signage for a freestanding sign in the B -1
District where the parcel exceeds 20 acres, and has no access
to an adjoining major thoroughfare and that the amendment be
brought back to the Planning Commission for recommendation.
Roll Call Vote. 4 Ayes, Commissioner Marofsky, Nay. MOTION VOTE - MOTION CARRIED
carried.
6. A. mob.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: August 3, 1990 COMMISSION MEETING DATE: August 8, 1990
FILE NO.: 90060 and 90061
PETITIONER: Lyman Development
REQUEST: MPUD Final Plat and Final Site Plan for the Townhouse
Phases of "Parkview Ridge"
LOCATION: Northwest Corner of Minnesota Lane and 38th Avenue North
GUIDE PLAN CLASS: LA -2 (Low -Mid Density Residential)
ZONING: RPUD 88 -3 (Underlying Zoning of R -2)
BACKGROUND:
The RPUD Preliminary Plan /Plat and Conditional Use Permit for "Parkview Ridge"
was approved, to include 78 single family detached units and 42 attached
townhome units, by Resolution 88 -537 on September 13, 1988. An RPUD Final
Plat /Plan /Development Contract was approved for Aradco, Inc. on October 2,
1989, and again for Lyman Development on March 19, 1990. There were no
changes to the plan between the Aradco and Lyman Development approvals, and no
Final Site Plan was approved for the townhouse portion of the project along
with the earlier Final Plat approvals. A section of the project was simply
platted as an outlot.
This application is for a replat of that outlot in two phases and an RPUD
Final Site Plan for the townhouse structures proposed to be constructed. The
application is for 42 townhouse structures consistent with the approved PUD
Preliminary Plan.
PRIMARY ISSUES AND ANALYSIS:
1. The Plymouth Zoning Ordinance in Section 9, Subdivision B,-provides that
the PUD Final Plat and Site Plan shall be in substantial compliance with
the approved Preliminary Site Plan and Plat. Substantial compliance for a
residential project means that the number of residential living units has
not been increased; open space has not been decreased or altered to change
its original intended design or use; and, all special conditions
prescribed on the Preliminary Site Plan and Plat by the City Council have
been incorporated into the Final Site Plan and Plat.
2. The proposed Site Plan provides for the same number of dwelling units in
the same general configuration as the approved RPUD Preliminary Plan. All
special conditions of Resolution 88 -537, approving the RPUD Preliminary
Plan /Plat /Conditional Use Permit that relate to this portion of the PUD,
have been complied with. The common open space area has changed in
configuration, but the size and intended function is consistent with the
approved Preliminary Plan.
3. The Site Plan meets all standards of the Zoning Ordinance and other City
codes, ordinances, and policies related to site design in this zoning
district. Specifically, landscaping is consistent with the Landscape
Policy; setbacks are consistent with the Zoning Ordinance or the approved
PUD Plan specifications; trash is to be handled on an individual basis
within principal structures; no outdoor lighting of parking areas is
proposed; no roof top units are proposed; and internal driveways and
related improvements are consistent with City Engineering standards.
4. The architectural appearance of the structures will be of a 2 -story "tuck -
under" design with wooden lap siding and peaked roof lines. The roof line
will be broken at numerous points to overcome the "row house" appearance.
Each unit will have a two car garage and two parking spaces in front of
the garage. The architectural design appears to be responsive to the City
Council resolution regarding site and building aesthetics and
architectural design.
5. A key PUD attribute analyzed and discussed during the review of the PUD
Preliminary Plan /Plat /Conditional Use Permit was efforts by the developer
to preserve naturally existing trees on the site. The approved
Preliminary Grading and Drainage Plan specifies 4 general areas of the
site where existing trees will remain following development. One of those
areas is the west periphery of the townhouse area for which this Site Plan
has been submitted. The Grading Plan submitted concurrent with the Site
Plan identifies many significant trees existing along the south half of
the west property line. The Grading Plan does not identify trees along
the north half of the west property line, other than in a generalized
manner.
While the trees that border the site along the north half of the west
property line may not be considered significant per the Plymouth Tree
Preservation Policy in terms of species and /or size, the approved
Preliminary Plans for the project identify these trees to be saved. No
specific plan for saving of the trees is apparent from the graphics or
narrative that has been submitted with this Site Plan.
6. No plans for project signage have been submitted, and therefore no Master
Sign Plan has been reviewed or can be approved concurrent with this
application.
7. A 2 -part staging plan is proposed, using 2 separate Final Plats. Phase I
will be 11 units and the entire active recreation area (Parkview Ridge 2nd
Addition). Phase II will be the remaining 23 units (Parkview Ridge 3rd
Addition). Phase I can be independent of Phase II by design. Phase I can
function as a "stand- alone" project should Phase II be delayed or even not
be constructed.
PLANNING STAFF COMMENTS:
1. The MPUD Final Site Plan meets PUD Ordinance standards with respect to
compliance with the approved Preliminary Plan for the number of dwelling
units and the amount of open space provided. The plan also responds to
those special conditions of the Preliminary Plan /Plat approval resolution
that apply.
2. The MPUD Final Site Plan meets the standards of the Zoning Ordinance and
other related codes and ordinances. No Master Sign Plan has been
submitted, and therefore no project signage should be approved.
3. The Final Site Plan and Final Grading /Drainage Plans make no reference to
whether existing trees located at the west property line are to be
preserved along the north half of that west property line. To remain
consistent with the approved Preliminary Plan and to provide a necessary
element of project transition, a condition of approval should be the
retention of all existing trees along the entire west property line from
38th Avenue North to Niagara Lane.
4. The RPUD Final Plats meet the standards of the Subdivision Ordinance. No
new public improvements are required and, therefore, no Development
Contracts in addition to the existing Development Contract for Parkview
Ridge will be required.
RECOMMENDATION:
I hereby recommend adoption of
approval of the MPUD Final Site
2nd Addition" (the north porti,
the south portion /Phase II),
approval recommendations and
appearing above. /-y, ,4,,
Submitted by:
ATTACHMENTS:
the attached draft resolution providing for
Plan and the Final Plats for "Parkview Ridge
Dn /Phase I) and "Parkview Ridge 3rd Addition"
subject to the standard conditions for such
conditions related to the staff comments
a`iTe -s E.— Dillerud, Community Development Coordinator
1. Resolution Approving the RPUD Final Site Plan for Parkview
2.
3.
4.
5.
6.
7.
8.
Townhouses
Resolution
Resolution
Resolution
and 3rd Ad
Engineer's
Approving the Final
Approving the Final
Setting Conditions
dition
Memorandum
Ridge
Plat for Parkview Ridge 2nd Addition
Plat for Parkview Ridge 3rd Addition
Prior to recording for Parkview Ridge 2nd
Resolution 88 -537 Approving the RPUD Preliminary Plan
Location Map
Large Plans
pc /cd /90060:dl)
APPROVING RPUD FINAL SITE PLAN FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND
ADDITION" (90060) (RPUD 88 -3) `
WHEREAS, Lyman Development has requested approval for an RPUD Final Site Plan
for "Parkview Ridge 2nd Addition" located at the northwest corner of Minnesota
Lane and 38th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request 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
Lyman Development for an RPUD Final Site Plan for "Parkview Ridge 2nd
Addition" located at the northwest corner of Minnesota Lane and 38th Avenue
North, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of recording of the Final
Plat.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements, including improvements to outlots and
landscaping.
5. No signage is approved.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
8. All waste and waste containers shall be stored within the principal
structures, and no outside storage is permitted.
9. An 8h x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
10. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
11. Compliance with City Council Resolution 89 -439 regarding tree
preservation, as applicable.
12. The Grading, Drainage, and Site Plans shall be modified as required to
preserve all living existing trees along the west perimeter of the site,
consistent with the approved RPUD Preliminary Plan and Conditional Use
Permit.
APPROVING RPUD FINAL SITE PLAN FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 3RD
ADDITION" (90061) (RPUD 88 -3)
WHEREAS, Lyman Development has requested approval for an RPUD Final Site Plan
for "Parkview Ridge 3rd Addition" located at the northwest corner of Minnesota
Lane and 38th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request 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
Lyman Development for an RPUD Final Site Plan for "Parkview Ridge 3rd
Addition" located at the northwest corner of Minnesota Lane and 38th Avenue
North, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of recording of the Final
Plat.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements, including improvements to outlots and
landscaping.
5. No signage is approved.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
8. All waste and waste containers shall be stored within the principal
structures, and no outside storage is permitted.
9. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
10. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
11. Compliance with City Council Resolution 89 -439 regarding tree
preservation, as applicable.
12. The Grading, Drainage, and Site Plans shall be modified as required to
preserve all living existing trees along the west perimeter of the site,
consistent with the approved RPUD Preliminary Plan and Conditional Use
Permit.
APPROVING FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND ADDITION ".
90060) (RPUD 88 -3)
WHEREAS, Lyman Development has requested approval of a Final Plat for
Parkview Ridge 2nd Addition" located at the northwest corner of Minnesota
Lane and 38th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and,
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat for
Lyman Development for "Parkview Ridge 2nd Addition" located at the northwest
corner of Minensota Lane and 38th Avenue North.
APPROVING FINAL PLAT FOR LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 3RD ADDITION"
90060) (RPUD 88 -3)
WHEREAS, Lyman Development has requested approval of a Final Plat for
Parkview Ridge 3rd Addition" located at the northwest corner of Minnesota
Lane and 38th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and,
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat for
Lyman Development for "Parkview Ridge 3rd Addition" located at the northwest
corner of Minensota Lane and 38th Avenue North.
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
LYMAN DEVELOPMENT FOR "PARKVIEW RIDGE 2ND AND 3RD ADDITION" (90060 AND 90061)
RPUD 88 -3)
WHEREAS, the City Council has approved the Final Plats for Lyman Development
for "Parkview Ridge 2nd and 3rd Addition" located at the northwest corner of
Minnesota Lane and 38th Avenue North;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to
be met, prior to recording of, and related to said plats:
1. Compliance with the City Engineer's Memorandum.
2. The Ordinance rezoning the property shall be published upon evidence that
the Final Plat has been filed and recorded with Hennepin County.
3. Payment of park dedication fees -in -lieu of dedication in accordance with
City Policy in effect at the time of the Final Plat.
4. Removal of all dead or dying trees from the property at the owner's
expense.
5. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
6. No yard setback variances are granted or implied.
7. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
8. No building permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
9. Appropriate legal documents regarding Homeowner Association covenants and
restrictions, as approved by the City Attorney, shall be filed with the
Final Plat.
10. The Final Plat mylars shall contain a statement noting that the plat is
part of the approved RPUD 88 -3 per Section 9 of the Zoning Ordinance.
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: August 2, 1990
FILE NO.: 90060
PETITIONER: Mr. Steve Ryan, Lyman Development, 300 Morse Ave., Excelsior, MN
55331
SITE PLAN: 19 MULTIFAMILY UNITS - PARKVIEW RIDGE 2ND ADDITION
LOCATION: South of Niagara Lane, west of Minnesota Lane in the southeast 1/4 of
Section 16
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 - Watermain area assessments based on 19
units x S790 per unit - $15,010. Sanitary sewer area assessment
based on 19 units x $440 per unit - $8.360. Area assessments shall
be Raid with the building permit or the developer may waive their
rights to an assessment hearing and the area assessments will be
levied over a five year period.
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. Will comply with the filing of the final _plat with
Hennepin Coun
7.
N/A Yes No
X
8. X --
9. X
N/A Yes No
10. X — —
11. 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.) See Item No. 6
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.
All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -waytofacilitatethedevelopment. 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.
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-
UTILITIES 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 Bassett Creek
MN DOT Minnehaha Creek
Hennepin County _ Elm Creek
MPCA _ Shingle Creek
State Health Department _ 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 drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. _ X _ 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. _ X 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 on
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.
STANDARD S•
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 1, 2, 6. 7. 27A. 27B.
27C, 27D. 27E. 27F. and 27G.
5-
SPECIAL CONDITIONS REOUIRED:
27. A. Silt fence shall be continuous along the east plat line from 38th Avenue to
Niagara Lane.
B. A detail of the retaining wall shall be provided on the grading plan,
including the top and bottom elevations.
C. Silt fence or hay bales shall be provided around all catch basins.
D. The proposed retaining walls shall be constructed along with the grading of
the plat.
E. The proposed storm drainage swales along the west plat line draining north to
Niagara and south to 38th Avenue shall be sodded immediately after grading has
been completed.
F. The driveway to Lots 5, 6, 7, Block 3 should be 24 feet wide, 7 -ton design.
G. Cross easements will be required for the driveways and utilities.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
6-
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: August 2, 1990
FILE NO.: 90061
PETITIONER: Mr. Steve Ryan, Lyman Development, 300 Morse Ave., Excelsior, MN
55331
SITE PLAN: 23 MULTIFAMILY UNITS - PARKVIEW RIDGE 3RD ADDITION
LOCATION: South of Niagara Lane, west of Minnesota Lane in the southeast 1/4 of
Section 16
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 - Watermain area assessments based on 23
units x 5790 per unit - S18,170 Sanitary sewer area assessment
based on 23 units x S440 per unit - S10 120 Area assessments shall
be paid with the building permit or the developer may waive their
rights to an assessment hearing and the area assessments will be
levied over a five year period.
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. Will comply with the filing of the final plat with
Hennepin County.
N/A Yes No
7. _ _ 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.) See Item No. 6
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. X All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities.
N/A Yes No
10. X 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-
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
Hennepin County
MPCA
State Health Department
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 drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. _ X _ 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. _ X 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 on
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. XX 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. XX The site plan complies with the City of Plymouth's current
Engineering Standards Manual. Note Item No's 1, 2 6. 7. 27A, 27B,
27C 27D 27E. and 27F.
51:
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 1, 2. 6, 7 27A, 27B.
27C. 27D. and 27E.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. Silt fence shall be continuous along the east plat line from 38th Avenue to
Niagara Lane.
B. A detail of the retaining wall shall be provided on the grading plan,
including the top and bottom elevations.
C. Silt fence or hay bales shall be provided around all catch basins.
D. The proposed retaining walls shall be constructed along with the grading of
the plat.
E. The proposed storm drainage swales along the west plat line draining north to
Niagara and south to 38th Avenue shall be sodded immediately after grading has
been completed.
F. Cross easements will be required for the driveways and utilities.
Submitted by: ealtIlile4 ;aA44,-
Daniel L. Faulkner, P. E.
City Engineer
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: August 2, 1990
FILE NO.: 90060
PETITIONER: Mr. Steve Ryan, Lyman Development, 300 Morse Avenue, Excelsor, MN
55331
FINAL PLAT: PARKVIEW RIDGE 2ND ADDITION
LOCATION: North of 38th Avenue, west of Minnesota Lane, south of Niagara Lane
in the southeast 1/4 of Section 16.
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 final plat approval.
4• Area assessments: Watermain area assessments based on 19 units x
5790 per unit = S15,010, Sanitary sewer area assessment based on
19 units x S440 per unit = $8,360 Area assessments shall either
be paid with a building permit or the developer may waive their
rights to a special assessment hearing and assessments would be
spread over five years.
5. Other additional assessments estimated: None,
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet
10') in width adjoining all streets and six feet (61) in width
ajoining side and rear lot lines. A ten foot drainage and utility
easement shall be provided adjacent to Niagara Lane and six feet
along the west plat line A drainage and utility easement will
not be required along the common plat line with the 3rd addition
Drainage and utility easement shall be removed from all of the
4utlots since all the utilities will be private
N/A Yes No
7. X
8. X
9. X
All standard utility easements required for construction are
provided -
The City will require twenty foot (201)
utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary:
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 drainage plan.
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. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subiect property is abstract property, then this
requirement does not apply.
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
11. _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR Bassett Creek
Mn DOT Minnehaha Creek
Hennepin County Elm Creek
MPCA Shingle Creek
State Health Department Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
12. _ X _ Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. _ X _ Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection
of and
15. _ X _ All existing street rights -of -way are required width -
Additional right -of -way will be required on
UTILITIES:
N/A Yes No
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development.
3 -
N/A Yes No
17. x _
18. x _
19. x --
20. X
21. X
Final utility plans submitted comply with all City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private).
Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
100% of the cost.
Minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
N/A Yes No
22• _ x It will be necessary to contact Bob Fasching, the City's publicutilityforeman, 24 hours in advance of making any proposedutilityconnectionstotheCity's sanitary sewer and watersystems. The developer shall also be responsible for contactingJimKolstadofthePublicWorksDepartmentforanexcavatingpermitpriortoanydiggingwithintheCityright-of-way. Allwaterconnectionsshallbeviawetan.
N/A Yes No
23. X _ _ Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted
to the City's consulting engineer for review to see if it is inconformancewiththeCity's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revisedplan. The grading and drainage plan shall also indicate proposedmethodsoferosioncontrol, including the placement of silt fenceinstrategiclocations. Additionally, the following revisionswillbenecessary: See Site Plan Memo,
IRMOMMIKOTOMI IN • •
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
5 -
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: August 2, 1990
FILE NO.: 90061
PETITIONER: Mr. Steve Ryan, Lyman Development, 300 Morse Avenue, Excelsior, MN
55331
FINAL PLAT: PARKVIEW RIDGE 3RD ADDITION
LOCATION: North of 38thAvenue, west of Minnesota Lane, south of Niagara Lane in
the southeast 1/4 of Section 16.
4 •,1
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 final plat approval.
4. Area assessments: Watermain area assessments based on 23 units x
5790 per unit = S18,170. Sanitary sewer area assessment based on
23 units x S440 = 510,120 Area assessments shall either be paid
with a building permit or the developer may waive their rights to
a special assessment hearing and assessments would be spread over
five years.
5. Other additional assessments estimated: None.
N/A Yes No
6. X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet
10') in width adjoining all streets and six feet (61) in width
adjoining side and rear lot lines. Ten foot drainage and _utility
i•_ - Y: ti•1- UlishI:L yi•1 L 1 1I T
III-if NMI merM-
N/A Yes No
7. X
8. X
9. X
All standard utility easements required for construction are
provided -
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been
reviewed with the final construction plans and the following
changes are necessary:
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 drainage plan.
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. This is not an automatic process
in conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions
of easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to
the City with this application - If it is subsequently determined
that the subject property is abstract property, then this
requirement does not apply.
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
11. _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR Bassett Creek
Mn DOT Minnehaha Creek
Hennepin County Elm Creek
MPCA Shingle Creek
State Health Department Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
12. _ X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. _ X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection
of and
15. _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on
UTILITIES:
N/A Yes No
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development.
3 -
N/A Yes No
17. X
18. x
19. X
20. X
21. _x_
Final utility plans submitted comply with all City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private).
Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
100% of the cost.
Minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's public
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 right -of -way. All
water connections shall be via wet tap.
N/A Yes No
23. X _ _ Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been 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 drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence
in strategic locations. Additionally, the following revisions
will be necessary: See Site Plan.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
5 -
w
CITY OF PLYMOUTH
1
Pursuant to due call and notice thereof, a _Vtg meeting of the City
Council of the City of Plymouth, Minnesota, was held on the -13 tW ay of apt= ber
19 88 The following members were present: Mayor Schneider Councilmembers
Vasiliou Ricker Zitur and Sisk
The following members were absent: None
Councilmember Vasiliou
moved its adoption:
APPROVING RESIDENTIAL
CONDITIONAL USE PERMIT
RIDGE (88018)
introduced the following Resolution and
RESOLUTION NO. 88- 537
PLANNED UNIT DEVELOPMENT /PRELIMINARY PLAN /PLAT AND
FOR ROBERT WACHTER, DIMENSION ASSOCIATES FOR PARKVIEW
WHEREAS, Robert Wachter, Dimension Associates has requested approval for a
Residential Planned Unit Development, Preliminary Plan /Plat and Conditional
Use Permit for Parkview Ridge for 78 single family detached units and 42
attached townhome units on approximately 40 acres located southwest of Juneau
Lane and County Road 9; and,
WHEREAS, the Planning Commission has reviewed the 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 Residential
Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for
Robert Wachter, Dimension Associates for Parkview Ridge, located southwest of
Juneau Lane and County Road 9, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No Building Permits shall be issued until a Contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication with appropriate
credits in an amount determined according to verified acreage and paving
costs and according to the Dedication Policy in effect at the time of
filing the Final Plat with Hennepin County.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79 -80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
i
Resolution No. 88-537
Page 2
8. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
9. Maximum density shall be 3.2 units per acre for the land at or above the
established high water elevation per the adopted City Storm Water Drainage Plan
as verified by the City Engineer. A density bonus point is assigned for the
housing mix. The maximum number of dwelling units is 120.
10. An access drive off County Road 9 shall be provided for construction vehicles,
and all construction traffic shall access the property from County Road 9,
until the first home is certified for occupancy.
11. No private drive access shall be permitted to County Road 9; all private drives
shall be provided by internal public streets.
12. The private trails shall be built to City standards and shall be constructed
prior to issuance of Building Permits for homes on lots adjacent to the trails;
an exception may be made for Lots 1, 2 and 3, Block 3; and, Lots 3 and 4, Block
2, where model homes may be built but not occupied until the adjacent trails
are constructed.
13. The minimum side yard setbacks for all detached dwellings and accessory
buildings shall be 10 feet
14. The design of proposed private open space areas including tot lots is
specified. The approved improvements and equipment shall be installed prior to
issuance of Building Permits for homes on the adjacent lots.
15. Staff shall incorporate with the Final Plat and Development Contract, the
provision for tree protection, as earlier drafted, providing for payment of
50.00 per diameter - inch and for a $15,000.00 Bond.
16. Wherever narrative material and /or plans for the project use permissive language
regarding the preservation of trees, the word "shall" or "will" is to be
substituted.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Zitur and upon vote being taken thereon, the
following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou,
The
Ricker and Zitur
following voted against or abstained Councilmember Sisk Whereupon
the Resolution was declared duly passed and adopted.
I!
tl
I '
r
t
IIIIIIIiq
111 . a
REPORT OF AD HOC
TASK FORCE ON
CITY CODE AND ORDINANCE STANDARDS
OUTSIDE DISPLAY, STORAGE, AND SALE OF MERCHANDISE
IN BUSINESS DISTRICTS
AUGUST, 1990
BACKGROUND
The City Council appointed a Task Force in January, 1990 to focus on City Code
requirements and standards relative to outside storage, display, and sale of
merchandise in the Business Districts, including the review of information
relative to enforcement activities and concerns of the City, the public, and
of local business owners and operators.
This Task Force was created following the determination by City staff and the
City Council that there are inconsistencies between the City Ordinance and
City Code relative to gasoline service stations; and, also, there are
definitional and cross - reference inconsistencies in the Zoning Ordinance
regarding this subject.
The Task Force has met regularly since January and has developed a consensus
and /or formal recommendation on each of the key items.
The original directions and all of the summary notes of the Task Force
meetings are attached as part of this report.
PRIMARY ISSUES AND ANALYSIS
The Task Force initially dealt with the City Code requirements for gasoline
service stations. The recommended actions include clarification of the Code
on Licensing and the adoption of performance standards in the Zoning
Ordinance. The consideration of that led to a review of the Zoning Ordinance
provisions for temporary sales and events. This review led to consideration
of the Ordinance standards for transient merchants.
The Task Force then concentrated on the subjects of outside display of
merchandise and the outside storage of products and other materials.
The Task Force considered in detail the use of vending machines and the
desirability of outside display whether it was a function of a specific sale
or part of normal business operations.
The Task Force spent substantial time dealing with the clarification of zoning
standards regarding storage and display outside and the desirability of having
certain activities provided by virtue of an administratively issued permit
versus a Conditional Use Permit.
The following is a summary of the key conclusions and findings of the Task
Force:
1. The City Code licensing requirements for gasoline service stations
would be clarified primarily through the elimination of many zoning
related criteria. A new section would be adopted in the Zoning
Ordinance which provided for specific zoning related performance
standards for gasoline service stations. (See attached.)
2. Clarified definitions and standards for temporary outdoor sales
including temporary promotional events are recommended. The intent is
to include the provisions for transient merchants and transient produce
merchants which are also licensed by the City. (See attached.)
3. The Task Force recommends revised language in Section 8, Subdivision B
to clarify the current requirement for a Conditional Use Permit in all
Business Districts. The new language would read: Any sales, service,
storage, or display activity conducted outside the building containing
the principal use that is not specifically allowed or is not prohibited
elsewhere in this Ordinance.
The Task Force in a similar context later suggested that language now
in the Industrial Districts section be used relative to Conditional Use
Permits: Any permitted or accessory use not conducted within a
building including storage of materials, products, and vehicles.
4. Relative to outside storage, the Task Force recommends retaining the
prohibition of all open storage in any required front, side or rear
yard. The required yard is that defined by Ordinance as the minimum
yard measured from the lot lines.
5. Any other outside storage allowed by the Ordinance should 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.
Temporary sales could be provided within a required yard provided the
yard is paved and the activity does not interfere with parking,
traffic, circulation or emergency vehicle access. The intent is to
allow eligible activities on paved areas and is not intended to provide
for temporary sales on unpaved landscaped areas.
6. A distinction is made between display and storage. "Display"
constitutes a type of storage where the merchandise is visible and
could be involved with both active sales as well as passive sales
outside where items can be taken inside for actual purchase.
7. The Task Force recommends that a permit should be required for display
that is unrelated to otherwise allowed sales activities.
8. Storage does not involve any product representation or signage except
for those emergency or safety related signs approved by the City.
9. Outside storage can consist of enclosed storage, i.e., enclosed by a
structure that includes a roof or open storage which would typically
involve a fencing or screening but not a roof.
10. All outside storage in the B -1 District would require Conditional Use
Permits.
11. Outside storage in the B -2 and B -3 Districts would require an
Administrative Permit for an enclosure of up to 120 square feet
properly located on the site. Otherwise, all other outside storage (in
a larger enclosure or any open storage) would require a Conditional Use
Permit.
12. The amount of outside display which could be allowed would be 50
percent of the linear structural frontage on the entrance side of the
building; 4 feet deep from the exterior wall of the building; and 6
feet high.
13. An Administrative Permit would be required for all outside display.
14. The Ordinance should allow for the display of automotive products in
the pump island area of service stations.
15. Vending machines as typically presented and located constitute display
with concurrent sales. For purposes of the Ordinance vending machines
do not constitute storage enclosures.
16. Any display in excess of the standards noted would require a
Conditional Use Permit.
17. There should be no added signage relative to outside display other than
for price considering that the display value of the product itself has
sign value with the packaging.
r:pl /bt /OS.AUG:jw)
TASK FORCE
DRAFT REVISIONS
ZONING GASOLINE SERVICE STATION REQUIREMENTS
APRIL 1990
REV. MAY 1990
REV. AUG. 1990
These are recommended special criteria or performance standards that would be
in the Zoninq Ordinance; some have been extracted the City Code licensing
requirements; cons
standards which ar
on HAS been made of existing h si
cable to aaso ine service stations
t
Abutment to Certain Streets Required. Gasoline service station sites shall
have approved direct or indirect proximate access to an arterial road; where
direct access is not allowed or feasible, indirect proximate access shall be
via an approved service road or similar public road.
Regulation of Driveways. No driveway in a
point it crosses the property line of the
intersection. An "intersection" as used in
intersection of the extended curb lines of
site, and measurement shall be along such
service station shall have more than two
neither of them shall have a width in
flared outward on the boulevard in
boulevard of adjacent property.
gasoline service station, at the
site, will be within 40 feet of an
this Subsection means the point of
the curbs on the near side of the
extended curb lines. No gasoline
driveways on any one street and
excess of 30 feet. No driveway will be
such a way as to encroach upon the
Frontage and Area Requirements. The minimum frontage of a gasoline service
station on any street will be 120 feet and the minimum area of the site will
be that prescribed by this ordinance for lots in the district where the site
is located.
Buffer or Screening Area. Screening will be so constructed as to positively
keep headlight beams of vehicles on the station property from beaming onto
adjacent property.
Pump Island Requirements. Pump islands will be located no closer to the
street or adjacent property lines than this ordinance allows for parking
spaces, provided the location ensures no encroachment by vehicles upon street
right -of -way , sidewalk areas, or adjacent property.
Restrictions on Outside Operations. The gasoline service station may not
provide for the outdoor operation of lubrication equipment, hydraulic lifts or
service pits, tire changing, drive systems repair and tuning, or similar
operations . The outdoor display of merchandise, the outside underground
storage of gasoline and other petroleum products, the display of petroleum
products and the sale and display of merchandise on the site shall be allowed
only as provided by this Ordinance and as specified in the permits issued for
the use.
MAY 1990
REV. AUG. 1990
Bulk Oil or Bulk LPG Distribution. Bulk oil storage and sales in
conjunction with a gaso ine service station shall be allowed only for stations
in the I -1 (Planned Industrial) District. Bulk LPG storage and sales may be
allowed on any gasoline service station site where such uses were approved
with the plans and permits for the gasoline service station.
Unobstructed Areas Required at Intersections. Vehicles, signs, displays, or
other materials in the area within fifty TOUT feet of any street right -of -way
corner shall be located and maintained so as to not impede safety by
obstructing the vision of pedestrians or of motor vehicle operators from
private drives onto public streets or at the intersection of public streets.
TASK FORCE
DRAFT REVISIONS APRIL 1990
REV. MAY 1990
SECTION 1115 - GASOLINE SERVICE STATIONS
Note: this is the revised City Code licensing language)
1115.01. Definition. For purposes of this Section, the term "gasoline
service station" means any premises whereon the owner or occupant conducts the
business of furnishing and selling gasoline and lubricating oils or
accessories for motor vehicles.
1115.03. License Required. Subdivision 1. General Rule. No person shall
engage in the business of operating a gasoline service station within the
corporate limits of the City without a license therefor.
Subd. 2. Application. The application for a license shall state the
name of the applicant and the name of the person or corporation who will
regularly supply the gasoline or oil to be sold upon the premises for which
the license is requested and whether the applicant is a lessee or owner of the
premises.
Subd. 3. License Fees. The annual license fee for each gasoline service
station location and for each gasoline pump or service outlet, in addition to
one such pump or outlet, are set by Chapter X.
1115.05. Fire and Heating Requirements. Buildings used at service stations
shall be fireproof and shall comply with the Fire Prevention Code, Section 905
of this Code. No heating system installed in any service station shall be
used unless first approved by the chief of the fire department. There shall
be no door or window leading directly or indirectly from any grease pit or
grease room to any room or place where a heating system is located in a
service station, and' grease pits and grease rooms shall be heated by such
indirect heating system as shall be approved by the chief of the fire
department; provided, however, that unit heaters, using oil or natural gas for
fuel, of a type listed by Underwriters Laboratories, Inc. for use in garages,
airplane hangars or similar locations, so suspended from the ceiling that the
line of flame is.a minimum of eight feet above the floor level, may be used in
grease pits or grease rooms if approved by the chief of the fire department.
Buildings used as service stations for storage or sale of dangerous liquids
shall be heated by steam or hot water, the heating plant to be enclosed within
a fireproof room.
1115.07 Traffic Hazards from use Prohibited. The gasoline service station
may not create undue traffic hazards or traffic congestion by reason of the
turning movements which vehicles would make in entering or leaving the site.
1115.09 Conformance to Zoning Code. Notwithstanding anything to the contrary
contained in this Section, the construction and use of gasoline service
stations shall comply with all provision of the Zoning Ordinance, Appendix I
to this Code and with applicable policy.
MAY 1990
1115.11 Junk and Used - Vehicle Operations Prohibited. The gasoline service
station property shall not be used as a place of storage for or depository of
wrecked, abandoned or junked vehicles, or for the sale or display for sale of
used vehicles.
1115.13. Hours of Operation for Certain Locations. The City Council may
establish specific hours of operation with the license approval and the hours
of operation shall be in accordance with the hours specified, unless amended
by the City Council.
1115.15 Standards Deemed Conditions of License: violation of Conditions
Prohibited. The standards set forth in this Section are conditions_ of the
granting of any license by the Council for the gasoline service station, along
with any other conditions which may be imposed, and any violation of such
conditions is unlawful.
TASK FORCE
DRAFT REVISIONS APRIL 1990
2nd REV. MAY 1990
Temporary outdoor promotional events and sales activities directed at the
general public may be allowed as an accessory use in the Business Districts,
on the premises of permitted and conditional uses in the Business Districts
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.
A. Temporary Promotional Events
1. 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.
2. 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 not exceed three consecutive calendar
days per event; two of the days shall be a Saturday and a Sunday.
b) There shall be no more than two promotional events per calendar
year per property.
B. Temporary Sales Activities
1. 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.
2. 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.
2ND REV. MAY 1990
c) 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.
C. General Requirements
1. The event or sales shall be clearly accessory to or promotive of the
permitted or conditional use(s) 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 produce
merchant activities may be allowed.
2. 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.
3. 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.
4. 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.
5. The approved permit shall be displayed on the premises for the
duration of the event.
I
2ND REV. MAY 1990
Transient merchants and transient produce merchants shall comply with the
requirements of this Ordinance unless specifically provided otherwise and
shall comply with the following prior to any sales:
a) Written permission from the owner of the property where the sales are to
be conducted shall be submitted.
b) 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.
c) Transient merchants shall show evidence of compliance with City licensing
requirements.
BACKGROUND MATERIALS AND SUMMARY NOTES
8- I
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: January 18, 1990 For City Council Meeting of January 22, 1990
TO: James G. Willis, City Manager
FROM: Community Development Director Blair Tremere
SUBJECT: TASK FORCE TO REVIEW CITY STANDARDS FOR OUTSIDE DISPLAY, STORAGE,
AND SALE OF MERCHANDISE IN BUSINESS DISTRICTS
ACTION REQUESTED: Designate ad hoc Task Force to review City Code
standards for outside display, storage, and sale of merchandise in
Business Districts.
BACKGROUND:
The City Council at its last meeting considered license renewals for several
gasoline service stations where apparent violations of the City Code
Licensing Standards and of the Zoning Ordinance had been noted. We also had
undertaken enforcement efforts regarding both gasoline service stations as
well as other retail business establishments where outside storage, display,
and sale were occurring without benefit of conditional use permit or
contrary to the prohibitions of the City Code.
A review of the gasoline service station license requirement confirmed that
there is an apparent conflict relative to this subject (at least with
respect to gasoline service stations). There have been comments from
several retail business managers and owners that certain outside display and
storage is desirable and even necessary, especially if direct sales are not
involved.
The City Code, including the Zoning Ordinance, has dealt with this matter
for a number of years by strictly limiting the activity and essentially
requiring a conditional use permit for any business activity that is not
contained within a building. Many site plan conditional use permit
approvals for various businesses also have included a City Council
requirement that there be no outside storage or display of merchandise.
see next page)
Page Two
The City Council concluded that, given the apparent conflict relative to
gasoline service station requirements, and given recent input from the
business community, a Task Force including business representatives and
Planning Commissioners should be established to review standards and develop
a report.
PRIMARY ISSUES AND ANALYSIS:
I have confirmed that the following Plymouth business owners and operators
would be willing to serve on an ad hoc Task Force: Tom Janssen (Janssen
IGA, 11311 Highway 55); Jack Wenner (Party Mart, 4130 Highway 101 North);
Dave Johnson (Oakwood Center, 17435 County Road 6); Larry Mellum (Rainbow
Foods, 10200 6th Avenue North); and Craig Solarz (Holiday Stores, 4445
Nathan Lane).
The Planning Commission Chairman briefly discussed this with the Planning
Commission last week and has designated Larry Marofsky and Hal Pierce to
represent the Commission on the Task Force (with Dennis Zylla as an
alternate).
That would provide for a group of seven which is an appropriate number in my
view; staff support would be provided by Planning Division staff.
The mission of the Task Force would be to review the City Code requirements
and standards relative to outside storage, display, and sale of merchandise
in the business district, including information relative to enforcement
activities and concerns of the City, the public, and of local business
owners and operators; and the development of a report of findings and
recommendations to the City Council.
The City Council may wish to direct that the report first be reviewed by the
Planning Commission as a whole to determine whether any amendments to the
Zoning Ordinance are contemplated so that the Commission could schedule a
Public Hearing and actually develop a recommendation regarding such
amendment in conjunction with the submittal of the Task Force Report. This
is offered in the interest of expediting possible changes since otherwise
the City Council would need to remand the need for Zoning Ordinance
amendments to the Planning Commission for hearing. The City Council of
course can amend the City Code (other than the Zoning Ordinance) without a
Public Hearing or specific recommendation from the Planning*Commission.
RECOMMENDATIONS AND CONCLUSIONS:
I recommend that the City Council:
1. Designate a Task Force of businessmen and Planning Commissioners to
pursue the review as set forth in the mission statement.
see next page)
Page Three
2. Designate one of the Planning Commissioners as Chairperson, given the
familiarity with the Zoning Ordinance and with meeting procedures and
development of recommendations.
The Planning Commission Chairperson agrees with this.
3. Designate a target date such as the first meeting in April for
completion of the report. This is particularly significant because, in
the meantime, a moratorium is not in place regarding administration and
enforcement of applicable Code and Ordinance requirements relative to
this general subject.
4. Direct that, if the Task Force findings and recommendations include
possible amendments to the Zoning Ordinance, the report should first be
reviewed by the Planning Commission with the intent that a Public
Hearing could be held on possible amendments to the Zoning Ordinance
before the formal report is submitted to the City Council.
I conclude that this is a positive approach to reviewing a long- standing
City Code standard and criteria which may or may not be as effective or as
relevant today as when they were written. The ultimate goal should be
current standards which are readily understood and capable of uniform and
effective enforcement.
cc /bt /jw.1- 22:jw)
January 22,
Page 7
Counc member Vasiliou asked when the Industrial Park Business
Center uilding at 13310 Industrial Park Blvd., was completed.
She stat she would not support a financial guarantee reducti
until the ndscaping is completed.
Councilmember icker suggested that $100,000 be retained
than $25,000 as roposed. /
Community Developm t Director Tremere stated he Xs- unaware if
the building is occ pied; however, the lands aping was not
completed due to the nter season. The C I tyA' s ordinance does
not require that landsc ing be completed for to occupancy,
and the proposed financia guarantee redu ion to $25,000 would
cover the remaining landsca ng.
Attorney Thomson stated he
Ordinance regarding financial
Director Tremere stated he
occupied.
to check the Zoning
before commenting.
If the building is
MOTION was made by ga6ncilmember V iliou, seconded by
Councilmember ='fn to table the quest of Bossardt
Corporation for of financial guara ee to February 5.
Motion carried, fo ayes.
MOTION was ade by Councilmember Ricker, \
FOR
ed by
Councilmembe Vasiliou, to adopt RESOLUTI 90 -42
AUTHORIZI RELEASE OF SITE PERFORMANCE GUARANTENALD C.
WILDMAN R SCOVILLE PRESS (86062).
MoXon carried on a Roll Call vote, four ayes.
Request of Bossardt
Corporation for
Reduction of Financial
Guarantee (89065)
Item 8 -G =3
RESOLUTION NO. 90 -42
RELEASE OF FINANCIAL
GUARANTEE FOR SCOVILLE
PRESS (86062)
Item *8 -H
MOTION was made by Councilmember Vasiliou; seconded by Appoint Task Force for
Councilmember Ricker, to appoint the following individuals to an Outside Display,
ad hoc Task Force to review City Code standards for outside Storage and Sales of
display, storage, and sale of merchandise in Business Districts: Merchandise in
Tom Janssen, Jack Wenner, Dave Johnson, Larry Mellum, Craig Business Districts
Solarz, Planning Commissioners Larry Marofsky, Hal Pierce, and Item 8 -I
Dennis Zylla (alternate).
Motion carried, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Helliwell, to designate Larry Marofsky as Task
Force Chairperson.
Motion carried, four ayes.
January 24, 1990
Page 19
Co rdinator Dillerud stated that the City Council has
al r dy approved the street vacation of 49th Avenue North.
MOTION y Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE
Wire, to ecommend approval of the request by John DeVries
for a Lot 'vision /Lot Consolidation and Variance for Wild
Wings Additio ocated at 4925 Valley Forge Lane, subject to
the conditions s forth in the staff report of December 5,
1989.
Vote. All Ayes. MOTIO*-,qarried. VOTE - MOTION CARRIED
Commissioner Tierney discusse with the Planning Commission OTHER BUSINESS
the staff memorandum that was esented with the agenda
which describes the sign issue re ed to Miles Homes on
Nathan Lane. She noted that Miles s had requested a
second nameplate sign due to the subs tial distance
between their "main frontage" on Highway and their
actual entrance on Nathan Lane. It was the conse s of the
Planning Commission that no basis existed to sider
amendment to the Zoning Ordinance to accommodate a s nd
nameplate sign for sites with multiple street frontages.
Chairman Plufka appointed Commissioners Tierney, Stulberg,
Plufka, and Wire to the Task Force Study Committee on the
Official Controls Element of the PlAn-
K-a-DDOinted Lhairman of the Committee.
Community Development Director Tremere advised the
Commission that the City Council had formed a Task Force to
study the issue of outdoor storage at retail locations,
including gasoline service stations. Commissioner Marofsky
had been appointed by the Mayor as Chairman of that
Committee, Commissioner Pierce was appointed, and
Commissioner Zylla, as requested, was the alternate.
Commissioner Zylla indicated that due to business
commitments, he would be unable to participate in meeti
of the Official Controls Committee, but that he wo sire
that his concerns with regard to removin enalty for a
developer to down guide his own y, and to what he
considers to be excessive Fi a requirements by the City
of Plymouth be consider
Chairman Pluf adjourned the meeting at 11 p.m.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: January 29, 1990
TO: Task Force Members for Outside Storage i
FROM: Blair Tremere, Community Development Director
SUBJECT: ORGANIZATION AND MEETINGS
Congratulations! The City Council established the ad hoc task force on
Monday, January 22, 1990 and you are one of the members. The task force
includes the following business representatives and Planning Commissioners:
Tom Janssen Jack Wenner
Janssen IGA Tom Thumb
546 -7737 478 -6748
Dave Johnson
Oakwood Square
473 -1525
Craig Solarz
Holiday Stores
553 -1041
Larry Marofsky, Chairman
Planning Commissioner
566 -4570
Larry Mellum
Rainbow Foods
541 -9044
Hal Pierce
Planning Commissioner
566 -3871
Planning Commissioner Larry Marofsky has been designated Chairperson and has
indicated the desire to have the task force meet at least twice prior to
February 15, 1990. The first meeting has been scheduled for 7:30 a.m.,
February 6, 1990 at the Plymouth City Center. A continental breakfast of
rolls, coffee and juice will be provided and it is anticipated the meeting
will adjourn by 9:00 a.m.
You will find attached background information provided to the City Council
earlier regarding the general subject and some of the concerns that had been
expressed by business persons and by City staff.
continued-
Page Two
Chairman Marofsky has indicated the second meeting date as Wednesday,
February 14, at the same time and place.
MISSION
The mission of the task force is to review City Code requirements and
standards relative to outside storage, display, and sale of merchandise in the
business districts, including information relative to enforcement activities
and concerns of the City, the public, and of local business owners and
operators; and the development of report of findings and recommendations to
the City Council.
We will be prepared to provide additional research and background information
as requested by the task force and summary minutes of the task force meetings
will be produced following each meeting.
The staff support will be provided by the Planning staff under my direction
and by City Clerk Laurie Rauenhorst.
I look forward to working with the task force and ask that you feel free to
contact me or Chairman Marofsky should you have any questions or comments
about the task force or the mission.
Attachment
pl /bt /tsk.for:jw)
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision C
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 -01)
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:
In all CLASSES OF BUSINESS DISTRICTS an
storage or display of materials in any
shall be prohibited. Any other outside
screened with an adequate buffer so as
CLASSES OF RESIDENCE DISTRICT, adjoinin
5. Area Regulations:
d the INDUSTRIAL DISTRICT, open
required front, side or rear yard
storage shall be located or
not to be visible from any of the
g property or public street.
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: S
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 dwellingasanincidentalusetothatofitsoccupancyasadwellingofthe
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.
10 -38
PLYMOUTH ZONING ORDINANC
Section 8. Subdivision B
DISTRICTS
USES
l
B -1 B -2 B -3
Office
Limited Retail Service _
38. C C - Sports and fitness club.
C - Sports and fitness club in an office
39. C C building available for employee /tenant use
only. which clearly is incidental to the
principal use. (Ord. 85 -18)
8 -3
C P - Theaters (indoor).(Amended Ord. 89 -02)
40. C
41. C Theaters inside approved office buildings
Ord. No. 87 -16) or office complexes.
P - Transient Merchants as regulated in
42. — — P Section 10 (Amended Ord. 86 -07)
P P - Transient produce merchant as regulated in
43. Section 10 (Amended Ord. -
44r45.
C C C - Any us,ness ac ,v,ty not conducted in an
enclosed and or building.
A A A - Signs as ere,n regu a e .
A - Off- strdet parking and loading as hereinAA
regulated.
A A - Outside, above - ground storage facilities
A for non - liquid gaseous fuels such as
propane used for heating purposes, or for
clearly incidental todispensingpurposestheapprovedprincipaluseandnotfor
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)
A A A - Administrative offices, meeting rooms,
49. classrooms and food preparation and
the
service areas, in a Place of Worship,
which is incident and directlyuseof
related to the primary use. (Ord. 89 -02)
the
50. A A A - Secondary uses customarily incident topermittedorconditionalusesallowed in
the district, unless otherwise regulated
in this Ordinance. (Amended Ord. 89 -0)
C - Community Correctional Facility as
51. C regulated in Section 9 (Ord. 89 -38)
regulated
52. C C - Adult Correctional Facility as
in Section 9. (Ord. 89 -38)
CONDt7t
8 -5
Section 8, Subdivision I
SUBDIVISION D - ALLOWABLE USE . INDUSTRIAL DISTRICTS
Within an I -1 PLANNED INDUSTRIAL DISTRICT, no uilding or land shall be usec
except for one or more of the following uses, providing they comply with the
performance standards set forth in Subdivision G of this Section.
1. PERMITTED USES
a. Any manufacturing, production, processing, cleaning, storage,
servicing, repair or testing of materials, goods or products that is
wholly contained within a building and which meets and maintains allenvironmentalstandardsestablishedbytheStateofMinnesota
Pollution Control Agency. (Amend. 89 -36)
b. Municipal and other public agency administrative and service
buildings, including public works maintenance facilities, post
offices, fire stations, and the like which are compatible with other
allowed uses is the district. (Ord. 89 -36)
c. Essential services. (Ord. 89 -36)
2. CONDITIONAL USES
a. Any permitted or accessory industrial use not conducted within a
building including storage of materials, products and vehicles.
b. Retail and service establishments essential to the operation of this
district and providing goods and services which are primarily for the
use of persons employed in the district; any such commercial use
allowed under this Section shall be subject to all requirements of
this Ordinance and the City Code applicable to such commercial use.
Amended Ord. No. 82 -08)
c. Free standing office buildings for corporate, administrative,
executive, professional, research, sales representatives offices, or
similar organization, and generally compatible with the industrial
district; any such commercial use allowed under this Section shall besubjecttoallrequirementsofthisOrdinanceandtheCityCode
applicable to such commercial use. (Amended Ord. No. 82 -08 and 86 -26.
d. Industrial Buildings including single tenant /occupant and
multi- tenant /occupant buildings, allowed by this Section, which
contain office uses which occupy more than 50% of the gross floor are
of the building and are found to be generally compatible with the
Industrial District. Any such commercial use allowed under this
Section shall be subject to all requirements of this Ordinance and th
City Code applicable to such commercial use. (Amended Ord. No. 86 -26
e. Residential structures and related residential uses necessary for
security and safety reasons in relation to a principal use.
f. Planned Unit Development (P.U.D.) as regulated in Section 9.
8 -1
ML
lymo h City Code
Section 115 - Gasoline Service Stations
1115.01. Definition. For purposes of. this Section, the term "gasoline service
station" means any premises whereon the owner or occupant conducts the business of
furnishing and selling gasoline and lubricating oils or accessories for motor
vehicles.
1115.03. License Required. Subdivision 1. General Rule. No person shall engage
in the business of operating a gasoline service station withia the corporate limits
of the City without a license therefor.
Subd. 2. Application. The application for a license shall state the name
of the applicant and the name of the person or corporation who will regularly supply
the gasoline or oil to be sold upon the premises for which the license is requested
and whether the applicant is a lessee or owner of the premises.
Subd. 3. License Fees. The annual license fee for each gasoline service
station location and for each gasoline pump or service outlet, in addition to one
such pump or outlet, are set by Chapter %.
1115.05. Fire and Heating Requirements. Buildings used at service stations
shall be fireproof and shall comply with the Fire Prevention Code, Section 905 of
this Code. No heating system installed in any service station shall be used unless
first approved by the chief of the fire department. There shall be no door or
window leading directly or indirectly from amy grease pit or grease room to arq room
or place where a heating system is located in a service station, and grease pits
and grease roams shall be heated by such indirect heating system as shall be
approved by the chief of the fire department; provided, however, that unit heaters,
using oil or natural gas for fuel, of a type listed by Underwriters Laboratories,
Inc. for use in garages, airplane hangars or similar locations, so suspended from
the ceiling that the'line of flame is a minimum of eight feet above the floor
level, may be used in grease pits or grease rooms if approved by the chief of the
fire department. Buildings used at service stations for storage or sale of
dangerous liquids shall be heated by steam or hot water, the heating plant to be
enclosed within a fireproof room.
1115.07. Certain Locations Prohibited. The gasoline service station site will
not abut a lot which is in a Residence District as established by the Zoning Code,
Appendix I to the Code. No gasoline service station shall be permitted on arW
site, any of the property lines of which are nearer than 500 feet from the nearest
property line of any site owned by a school, church, hospital, nursing hare,
convalescent home or public authority.
1115.09• Traffic Hazards from Use Prohibited. The gasoline service station may
not create undue traffic hazards or traffic congestion by reason of the turning
movements which vehicles would make in entering or leaving the site.
1115.11. Regulation of_Drrivewa2s. No driveway in a gasoline service station,
at the point it crosses the property line of the site, will be within 40 feet of an
intersection. An "intersection" as used in this Subsection means the point of
intersection of the extended curb lines of the curbs on the near side of the site,
and measurement shall be along such extended curb lines. No gasoline service
station shall have more than two driveways on any one street and neither of them
shall have a width in excess of 30•feet. No driveway will be flared outward on the
boulevard in such a way as to encroach upon the boulevard of adjacent property.
O t1 l u G RE tA'fcQ
1115.13• Distracting Devices Prohibited. The gasoline service station may not
display any baxmers, noisy ribbons, or similar attention-distracting or visibility -
obscuring devices in the area in front of building set -back lines.
1115.15. Frontage and Area Requirements. The minimum frontage of a gasoline
service station on any street will be 120 feet and the minimum area of the site
will be 12,000 square feet for a station with four pumps or less; and stations with
more pumps will have sufficient additional frontage and area to provide equivalent
and sufficient space for servicing vehicles, for off -street parking, for safe
vehicular approaches into the station, and for good visibility for pedestrians
and drivers.
1115.17. Compliance with Other Regulations. Subdivision 1. Parking. The gasoline
service station must comp3y with the off- street parking, sign, construction and
other regulations of the City.
Subd. 2. Buffer or Screening Area. Arty required buffer or screening area
will be so constructed as to obstruct headlight beams of automobiles on the station
property from beaming onto adjacent residential property.
Subd. 3. Pump Island Requirements. Pump islands will not be so close to
street or adjacent property lines as to create the likelihood of encroachment by
vehicles upon street right -of -way, sidewalk areas, or adjacent property.
Subd. 4. Regulation of Signs. Only one permanent detached ground display
sign, pedestal type, may be erected on the street frontage at or near the property
line adjacent to the street, except that if the frontage on the street is in excessZO
of 150 feet, two such signs may be allowed by the Council on such frontage, subject t•
any other applicable sign regulations.
Subd. 5. Regulation of Lighting. All exterior lighting will be so designed,
placed and operated as not to be a nuisance to adjacent properties.
Subd. 6. Architectural Harmony Required in Integrated Developments. If the
station or garage is to be located in a shopping center or other integrated
development, it will be in architectural harmony with the rest of the center or
development.
Subd. 7. Conformance to ZoningCode. Notwithstanding anything to the
contrary contained in this Section, the construction and use of gasoline service
stations shall comply with all provisions of the Zoning Code, Appendix I to this
de.
F 5.19. Restrictions on Outside Operations. The gasoline service station may
provide for the outdoor operation of lubrication equipment, hydraulic lifts or
vice pits, or the outdoor display of merchandise; but the outside underground
storage of gAsollne and other petroleum products, the display of petroleum l
products between pumps., or the temporary display of merchandise within 4 feet of
e station building is permitted.
1115.21. Bulk Oil Plants or Bulk LPG Distribution Stations; Zoning; Additional
Permit Required. No bulk oil plant or bulk LPG distribution station shall be
maintained and operated on any gasoline service station site unless said site is
in a non - residence district classification under the Zoning Code. In the event
said site is in an industrial zone, an additional permit shall be required for such
e =- o N t N G (2_E L A-T ED
such
bulk oil plant or bulk LPG distribution station and the matter
their recommendationpermitshallfirstbeconsideredbytheplanningcommission
to the City Council.
1115.23. Junk and Used Car Operations Prohibited. The gasoline service station
property shall not be used as a place of storage for or depository of
of
wrecked.,
abandoned or junked automobiles, or for the sale or display for
1115.25. Hours of Operation for Certain Locations. If the gasoline service station
is located elsewhere than on a county road or state highway, it may not be operated
between the hours of 11:00 p.m. and 6:00 a.m. on the following day.
1115.27. unobstructed Areas Required at Intersections. If the site is at an
intersection, provision will be made for an unobstructed area on.the site,
adjacent to and within 50 feet of the intersection, free of vehicles, signs
other than a pedestal sign), displays, or other materials which tend to obstruct
intersection visibility.
1115.29. Standards Deemed Conditions of License* Violation of Conditions
Prohibited. The standards set forth in this Section are conditions of the granting
of any license by the Council for a gasoline service station, along with any other
conditions which may be imposed, and any violation of such conditions is unlawful.
192
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 6, 1990
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE FEBRUARY 6, 1990 MEETING
Members Present: Dave Johnson, Craig Solarz, Jack Wenner, Larry Mellum, Larry
Marofsky, Hal Pierce
Staff Present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere
Chairman Marofsky began the meeting at 7:30 a.m. and each of the members
introduced themselves. Marofsky reviewed the purpose of the Task Force and
the mission assigned by the City Council. He stated that he had talked with
Tom Janssen who was unable to attend this meeting but who expressed interest
in being on the Task Force and who conveyed several concerns.
Marofsky indicated that Janssen's concerns included the need to better define
what "outdoor storage, display, and sales " mean; and, to have clearer
language in the codes.
Blair Tremere reviewed the mission assigned by the City Council and the
background for the need to have these matters reviewed. He suggested the Task
Force identify the questions and need for additional information.
Jack Wenner stated that Section 1115.07 of the City Code, relative to gasoline
service stations, was problematical in that it prohibited location of gasoline
service stations within a certain distance of schools, churches, hospitals,
nursing homes, convalescent homes or public authority. He said, on the other
hand, he knew of an instance where a church was approved closer than that to
an existing gas station.
Craig Solarz stated his concern focused on uniform application of the Code and
Ordinance standards. He noted for example difficulty in obtaining permission
to have bedding plant sales at his store whereas he regularly was asked to
sign off on an application so that a transient merchant could set up and sell
merchandise including plants and /or Christmas trees on his property. He
suggested that the ease of obtaining permission to perform comparable services
should be the same.
Wenner inquired about existing uses near his premises and Tremere noted that
at least one of the existing uses was probably grandfathered. He explained
however that at least one other business was currently in process of legal
prosecution because of failure to correct violations of the Ordinance.
Dave Johnson inquired about outside storage and sales as they apply to
freestanding businesses versus enclosed or attached businesses such as
shopping malls or centers. He wondered whether there was a distinction in the
Ordinance between the two. Tremere explained that the Ordinance does not make
a distinction for purposes of determining outside sales, storage or display of
merchandise based on the criteria of being freestanding or being attached to
other businesses. He did state that the Ordinance allows certain activities
in some locations that are not allowed in others depending on the zoning
district or the specific use of the land.
Marofsky commented upon the impact of outside activities on areas originally
designated for pedestrian sidewalk which very well could have been required as
a matter of code or common sense safety.
Tremere stated that the initial plan review process should probably more
specifically include consideration of future likely activities such as outside
display and sales of merchandise. He said that developers and their
architects often are not aware of such activities even though industry
standards and practices would suggest otherwise. The City perhaps could spend
more time addressing anticipated outside needs based upon observation of
actual similar businesses.
Laurie Rauenhorst and Tremere discussed Section 1115.119 of the City Code
restrictions on outside operations) and the problem with interpreting the
reference to "temporary display" and to the area (4 feet) where materials
could be displayed at gasoline service stations.
Marofsky suggested a matrix for framework for identifying six basic subjects
that need to be addressed by the Task Force:
Storage
Display
Irl
T rVorary
1 4
2 5
3 6
He said that this will help in tracking the discussion the group has and in
identifying the recommendation for any changes to the City Code or Ordinance.
Marofsky stated that there is need for uniform rules and enforcement for the
City of Plymouth; he stated that the City could not control activities in
other cities nor should it necessarily be modeling its Codes and Ordinances
after other cities.
Wenner commented about the differences between storage and sales. He cited
examples of ice and salt storage.
Myra Wicklacz inquired as to why that storage needed to be in front of a
building rather than in the rear. Wenner responded that often it was a
security matter so that employees would not have to leave the main part of the
store or lose sight of the entrance. He also stated that the "silent
salesman" function of the container which usually contains some message was
valuable.
There was further discussion about the meaning of the word "temporary" in
Section 1115.19 and there was consensus that, at least for service stations,
it referred to the portability of certain merchandise displays which could be
put away when the business closed. It was also agreed however that the
standard was probably written when 24 hour operations was not prevalent.
Tremere reviewed a schematic of a typical lot and described the required yard
dimensions which are referenced in the Zoning Ordinance relative to locations
for outside display and storage of merchandise.
Marofsky indicated that the next meeting would be at 7:30 a.m. on February 14.
1M and that the Task Force members should come prepared to discuss in more
detail the information provided by staff.
It was the consensus that additional information from Section 8 of the Zoning
Ordinance was needed regarding the business district including information on
temporary sales of merchandise and transient sales activities. Marofsky
stated that data regarding yard dimensions and requirements in the business
district should also be provided.
Tremere explained that Myra Wicklacz was conducting research including other
cities and there was an indication that information from neighboring cities
would be valuable to evaluate Plymouth's standards.
Tremere suggested that the Task Force aim for preliminary conclusions by the
end of March so that a recommendation could be made to the City Council,
through the Planning Commission.
The meeting adjourned at 9:05 a.m.
pl /bt /Task.2 -6:jw)
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 16, 1990
TO: Members of Outside Storage Task Force
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE FEBRUARY 14, 1990 MEETING
Members Present: Dave Johnson, Craig Solarz, Jack Wenner, Larry Mellum
Larry Marofsky, Hal Pierce
Staff present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere
Chairman Marofsky called the meeting to order at 7:30 a.m. and the Summary
Notes for the February 6, 1990 meeting were approved.
Myra Wicklacz handed out a research summary regarding ordinances in other
cities and she explained the findings. She noted particularly the aspects of
enforcement in the use of Conditional Use Permits.
Larry Mellum noted experiences of the Rainbow Foods Stores in Brooklyn Park in
Eden Prairie and in at least one community, a pop machine had to be placed
inside the store; they were not allowed outside.
Blair Tremere indicated that enforcement activity varied from community to
community and that there is no ideal city in the sense that there is a model
that can be followed. The Task Force should analyze what the situation is in
Plymouth and determine what are the best standards for this community.
Larry Marofsky reviewed the matrix that is contained in the summary minutes '
for the February 6 meeting and an extensive discussion ensued about temporary
and permanent storage, display and sales.
Tremere indicated the "temporary" often can be related to seasonal but the
problem can become one of distinguishing between storage and display. There
appear to be many gray areas, although temporary display with respect to gas
stations once meant displays that could be literally put inside the building
at the end of the business day and then brought outside the next day.
Dave Johnson commented about storage needs and stated that perhaps standards
could be tied to where the storage occurred, i.e. in the side yards or the
rear yards verses the front.
Page Two
Minutes for Outside Storage Task Force
Extensive discussion ensued about the needs for storage.
Craig Solarz noted again his concern that ordinance standards for transient
merchants varied from the standards that would apply to the property owner who
sought to have commercial sales.
Marofsky inquired whether the City needs to distinguish "temporary displays"
and said the main issue seems to be whether the display is visible or not.
Hal Pierce stated that if merchandise was visible it could be considered a
display, but if it was not visible, then it would represent storage.
Extensive discussion ensued about that topic and Johnson discussed the
feasibility of using the license mechanism for certain amounts of storage
rather than zoning standards.
Tremere discussed the possibility of establishing performance criteria which
would set certain limits or parameters that be met and could be easily
verified on an annual basis.
Further discussion ensued about the idea raised by Johnson on the location of
storage. The distinction of temporary and permanent storage is not clear at
this time.
Jack Wenner discussed the screening of storage for both security purposes as
well as aesthetic purposes. He stated he could not support point of sales out
of doors but he did note that there are seasonal outside displays that relate
to sales (actually conducted indoors) such as plants at various times of the
year. He suggested that perhaps those activities could be allowed on a
limited basis but that no permanent sale activities would be allowed outside.
Solarz stated that a distinction should be made between temporary and
permanent display and sale.
Johnson stated it was important to consider the aesthetics and that's why he
indicated perhaps some allowance could be made for storage but limited to
certain areas of the Site. Tremere commented that zoning would govern
location and perhaps aesthetics whereas a license could govern operations.
Marofsky indicated that a good deal of material had been covered and that the
next meeting should be set for early to mid - March. There was a consensus to
have the next meeting 7:30 a.m., March 8. Tremere indicated that the research
data would be summarized to better reflect the differing standards in various
communities. He also indicated that staff would attempt to get more
information from neighboring cities and also some photographs of different
types of storage, display, and sales activities.
Marofsky suggested that members come to the
recommendations for changes to the present
new standards on the subject.
The meeting adjourned at 9:05 a.m.
pl /bt /Task2- 14:cm)
next meeting prepared to discuss
ordinance and /or the adoption of
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 19, 1990
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director ` J
SUBJECT: SUMMARY NOTES FOR THE MARCH 8, 1990 MEETING
Members Present: Larry Marofsky, Tom Janssen, and Jack Wenner
Staff Present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere
Chairman Marofsky began the meeting at 7:30 a.m. and he asked Blair Tremere to
review the service station Code standards. Tremere suggested that the Task
Force identify possible changes and what to retain in the City Code regarding
licensing service stations and what to eliminate.
Larry Marofsky agreed and suggested that the Task Force consider dropping all
of the zoning related items from the Licensing Code and only have a reference
to the Zoning Ordinance.
He said that those standards that do apply to service stations should then be
incorporated in the Zoning Ordinance.
Tom Janssen asked for some background since he had not been able to attend
previous meetings and he inquired whether input had been solicited from
service stations. Marofsky indicated that several members of the Task Force
were involved with service stations but not every service station in the City
was invited to participate on the Task Force. He explained that the Task
Force is not seeking to take away any consideration that service stations may
have now but rather to clarify the licensing and zoning regulations for them.
Tremere then reviewed the Zoning Ordinance provisions for the Business
District and stated this was where a clear distinction should be made among
the concepts of display, storage, and sales.
Jack Wenner suggested that consideration be given to no outside storage unless
it was fully screened; temporary storage or display could be allowed provided
it was controlled such as taken in every night at the close of business.
Tom Janssen inquired as to the effective meaning of "screening ". Tremere
cited current Ordinance language regarding screening.
Tremere suggested that the Task Force focus on page 10 -38 (paragraph 4) and on
page 8 -5 (no. 44). He indicated that deliberation of that material regarding
outside sales would help define the other concepts of display and storage,
i.e., the definition of business activity.
Extensive discussion ensued and Janssen inquired whether conditional use
permits were seen as a desired vehicle. Marofsky said that was not
necessarily the case but the conditional use permit process did provide for a
review and a "check" that perhaps could also be achieved through licensing.
Tremere recounted the concerns of member Craig Solarz who was concerned that
current Zoning Ordinance provisions for transient merchants were less complex
that those for the property owners who were involved in allowing transient
merchants to operate on their sites. He said that staff was investigating
that as a possible means of providing a facilitated procedure by which a
business could be allowed certain activities or function through a
preestablished administrative procedure with criteria that could be met and
verified.
Marofsky indicated that the Task Force members should review the background
materials provided by staff so that there could be a focus on the matters of
storage and display.
Tremere indicated that staff would prepare draft City Code licensing provision
for gasoline service stations responsive to the discussions held by the Task
Force. He also indicated that staff would reassemble all of the background
data provided to date so that Commissioners could have it bound together in
one place which should reduce the time taken for cross - referencing.
Marofsky also indicated that the Task Force should develop a good definition
of the term "temporary" so that it could be judged against the concept of
permanent storage and display.
Discussion ensued regarding the next meeting and it was agreed that the week
of March 19 would be satisfactory though there might be difficulty in getting
meeting room and getting all members of the Task Force together. Marofsky
said that the work of the Task Force should proceed even if there were some
absences and he asked staff to notify the members as soon as a room could be
confirmed.
pl /bt /OS.task.3 -8:jw)
YI4.711
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 2, 1990
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE MARCH 21, 1990 MEETING
Members Present: Larry Marofsky, Hal Pierce, Dave Johnson, Craig Solarz, and
Jack Wenner
Staff Present: Myra Wicklacz, Blair Tremere
The meeting started at 7:35 a.m.
The summary notes from the February 14, and March 8, 1990 were approved.
Discussion focused on the City Code requirements for gasoline service
stations. Dave Johnson raised questions on how service station standards
would be available for developers and Blair Tremere explained how information
sheets and other materials would be provided whether the standards were in the
Zoning Ordinance or in the City Code. It is desirable to have the standards
and requirements in one place and that would be accomplished.
Larry Marofsky indicated that requirements in the City Code for licensing
could specifically refer to requirements in the Zoning Ordinance relative to
service stations and likewise the Zoning Ordinance could make a cross -
reference to licensing requirements in the City Code.
Extensive discussion ensued regarding City Code Section 1115.07.
Jack Wenner reiterated his concerns about the location standards which were
one way" in their application because churches, schools and like could come
later and be closer to service stations.
Page Two
Tremere indicated that that matter was being discussed with the City Attorney
since Wenner has raised it in the context of liquor licensing as well.
Tremere also indicated the Task Force should deal with the two issues in this
section, abutment and the 500 feet separation.
Larry Marofsky questioned which was relevant in light of current zoning
standards. Hal Pierce stated that he could see the concerns that went into
having such standards even if it did precede current zoning requirements and
the Task Force concluded that this matter could be revisited when new language
was available for review.
Likewise, following discussion, the Task Force concluded that the matter of
distance for separation should be revisited when new draft standards are
established.
Discussion focused on City Code Section 1115.11 and it was the consensus that
it should be deleted.
It was also the consensus that Section 1115.13 and 1115.17, Subdivision 4
should be deleted.
During further discussion it was the consensus of the Task Force that Section
1115.15 should be deleted along with Section 1115.17, Subdivisions 1, 2, 3, 5,
and 6.
There was discussion regarding Section 1115.21 and the limitation of bulk fuel
operations to the Industrial District. The Task Force agreed with Marofsky
that it should be deleted from the City Code but carefully reviewed in terms
of language in the Zoning Ordinance regarding this particular land use.
It was the consensus that Section 1115.27 could be deleted noting that sign
provisions in this section as well as in 1115.17, Subdivision 4 should be
reviewed relative to current Zoning Ordinance sign regulations.
Regarding Section 1115.23, it was the consensus that the term "vehicles"
should be used rather than "automobiles" and "cars ".
Further discussion ensued regarding Section 1115.27 and the. unobstructed area
at corner sites. It was the consensus to delete this section.
The next meeting was scheduled for 7:30 a.m. March 27, 1990.
The meeting was adjourned at 9:05 a.m.
192
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 2, 1990
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE MARCH 27, 1990 MEETING
Members Present: Dave Johnson, Craig Solarz, and Jack Wenner
Staff Present: Blair Tremere and Laurie Rauenhorst
The meeting started at 7:30 a.m.
The first item of business was to clarify discussion from the previous meeting
regarding distance and separation for gasoline service stations. Jack Wenner
reiterated his concern about the requirement not being applicable both ways
whereby churches, schools and residential uses could move into an area after a
gas station was established. Extensive discussion ensued as to the original
purpose for the separation and Blair Tremere indicated that these were
appropriately zoning considerations.
Tremere indicated that the Task Force would deal with whether to have such
standards when the final draft of changed standards for gasoline service
stations were reviewed.
The sensitivity of service stations relative to noise, light, odors, traffic,
and the like were cited as reasons for the standards.
The Task Force members directed staff to prepare performance- oriented
standards that could be applied in lieu of specific distance or separation
standards.
The next item discussed at length was the matter of outside storage both
temporary and permanent.
Initially, the Task Force identified characteristics of temporary storage
being seasonal, unscreened, and typically removed during nonbusiness hours.
Permanent storage was defined as having the characteristics of being properly
located, screened, and with no signage or name.
It was the consensus of the Task Force that the concept of storage could be
separated from display and following extensive discussion it was concluded
that there did not need to be a distinction between temporary and permanent
storage.
It is possible that the City may end up requiring a limitation on the time
storage can be allowed but that all storage would be deemed permanent subject
to certain conditions and requirements such as location, screening, and area
covered.
Tremere discussed the concept of required yard area on a given site and noted
how that was relevant to the Zoning Ordinance standards on outside storage
wherein certain storage can be allowed as long as it is not within the
required yard areas.
Laurie Rauenhorst and Tremere also discussed however the potential conflicts
between current gasoline service station requirements for outside storage.
It was the consensus of the Task Force that staff should draft performance
oriented standards that would apply to storage noting that the current Zoning
Ordinance standards were sound but could perhaps be clarified.
Tremere indicated that other ordinance requirements relative to outside
business activities would also have to be treated and that that would no doubt
be discussed when the Task Force reviewed standards for display and sales.
The next meeting date was set for Wednesday, April 4, 1990 at 7:30 a.m.
The meeting adjourned at 9:05 a.m.
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 23, 1990
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE APRIL 18, 1990 MEETING
Members Present: Larry Marofsky, Hal Pierce, Dave Johnson, Craig Solarz, Jack
Wenner and Larry Mellum
Staff Present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere
Chairman Marofsky called the meeting to order at 7:30 a.m.
The summary notes for the April 4, 1990 were reviewed and approved.
Craig Solarz raised questions regarding discussion at the April 4, meeting
about 24 -Hours operations and temporary display of merchandise. Larry
Marofsky stated that permanent outside displays would in fact be storage and
could be treated as such, i.e., a permanent area could be set aside for that
and be allowed by conditional use permit. Temporary display as discussed by
the Task Force earlier could be allowed during actual business hours for those
businesses that were not open around the clock and therefore did not have a
permanent display area.
Solarz suggested that attention be given to such events as sale of bedding
plants and Christmas trees.
There was a discussion of the amount of time allowed for sales -- whether it
should be 60 days or 90 days in a year. Marofsky asked whether consideration
should be given to what is allowed in the Industrial District.
During further discussion Marofsky indicated that sales should not be allowed
outdoors such as in the Industrial District if indoor sales are not allowed
except by conditional use permit in certain circumstances).
Hal Pierce commented about transient sales and suggested that there should be
tighter control especially if that is to be allowed in the Industrial District
as well. There was discussion about the current zoning regulation for
transient merchants.
Blair Tremere explained the purpose of the attachment indicating the current
ordinance provisions in the Business District and in the Industrial District
for promotional events and short -term sales events. The Task Force determined
that the Industrial Park District provisions should be left alone for the time
being and the focus should be on the Business Districts. Tremere suggested
the issues were a definition of "temporary" and the number of times per year
specific events could be held.
Jack Wenner recalled that this was discussed earlier and the Task Force
determined that a maximum 90 days could be allowed in a year. Marofsky
suggested that there should be a limit on the number of periods or events such
as six times per year.
Extensive discussion ensued on that subject and Piece suggested that anything
over 60 days, in his view, was getting into a conditional use permit situation
rather than an administrative permit situation.
Chairman Marofsky left the table at 8:30 a.m.
Tremere indicated that at the present time the City has provisions for a
conditional use permit, for transient merchants, and for promotional events
that may not necessarily involve sales. It appears that the Task Force has
identified a structure that would involve conditional use permits much on the
same basis as they are now; temporary outdoor sales which would be inclusive
of transient merchants; and promotional events (only).
There was extensive discussion on how inclusive a conditional use permit would
be for a business for, say, temporary outdoor sales and promotional events.
If a business did not obtain a conditional use permit for permanent outdoor
business activity (sales) and if there was a limit, say 90 days, on the
temporary sales that could occur, would other events such as transient
merchants and promotional events be deducted from the 90 days? The consensus
was they would.
Tom Janssen raised concerns about the merchants in a shopping center who might
not be able to have the same number of events as freestanding merchants since
the legal focus was on the property owner and /or landlord. Tremere indicated
that the legal and administrative concerns virtually required that the City
deal with the property owner and /or landlord and let the tenants work with the
owner to determine who would benefit from the time available to the property.
The impact upon neighborhoods is a major concern in regulating outdoor
business activity and thus the City needs to look at each property as a unit
regardless of the number of individual businesses that may be active on that
single property. If every tenant in a multiple tenant facility had the
ability to have outdoor business activity to the same extent as a freestanding
single business the neighborhood around the shopping center could potentially
have commercial activities all the time.
There was a discussion as to whether larger businesses should have different
criteria than say smaller businesses - -is the scale a .relevant fact in
determining the frequency of the outside activities? It was a consensus of
the Task Force that there should be one set of standards.
The Task Force directed staff to prepare draft ordinance language reflecting
the conclusions reached to date on the various subject, service stations,
outside sales, outside display, and outside storage.
pl /bt /OS.4- 11:jw)
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 17, 1990
TO: Members of Task Force on Outside Storage, Display, an d
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE MAY 16, 1990 MEETING
Sales
pa/
Members Present: Larry Marofsky, Hal Pierce, Tom Janssen, Craig Solarz, Larry
Mellum, and Jack Wenner
Staff Present: Laurie Rauenhorst, Myra Wicklacz, Blair Tremere
The meeting was called to order at 7:30 a.m. by Chairman Marofsky.
The summary notes for the April 23, 1990 with Marofsky noting that he and Hal
Pierce were not particularly in agreement with the proposed 100 days though
that was the consensus of the business representatives. He stated that he had
recommended a maximum of 60 days for the outside sales; otherwise, a
conditional use permit would be required.
The first item of business was the revisions of the gas station licensing code
provision. It was the consensus that the draft reflected the work of the task
force.
Motion by Mellum, seconded by Solarz to recommend approval of the amendments
to the gas station licensing code as reflected in the draft revised May, 1990.
The motion passed unanimously.
The next item was a review of the Zoning Ordinance standards for gasoline
service stations. Tremere explained that most of these items were drawn from
the formal City. Code and were updated with respect to existing Zoning
Ordinance standards to avoid duplication, and with respect to task force
discussions.
Extensive discussion ensued especially with respect to the regulation of sight
distance at corners. The concerns were that the language calls for 50 feet
and refers to "intersections "; the Zoning Ordinance now deals with a 20 foot
sight zone or triangle which is measured along the property lines from the
point where they form the corner.
Jack Wenner observed that the standards should apply to all commercial sites
and that it is not particularly unique to service stations although he could
see the need for it, in lieu of any zoning standards. Marofsky inquired
whether the requirement really is needed given other zoning requirements
including the 20 foot sight distance zone or triangle. Tom Janssen sought
clarification regarding the circumstances where this would apply and the
relationship to parking and driving area setback standards.
Motion by Marofsky, seconded by Pierce to recommend adoption of the standard
for service stations with 50 feet using the same language and definition that
is now used in the Zoning Ordinance for corners. This will recognize that
service stations have some unique characteristics involving merchandise and
vehicles that are not typical with other residential and nonresidential land
uses.
The motion passed unanimously.
Motion by Marofsky, seconded by Solarz to recommend approval of the draft
Zoning Ordinance gasoline service station provision reflected in the May, 1990
revision, deleting the paragraph on "certain locations prohibited" and
including the provisions for "Unobstructed Areas at Intersections" as noted
above.
Motion passed unanimously.
The next item of discussion regarding temporary outdoor sales was extensive.
Marofsky suggested that the paragraph layout should clearly distinguish the
requirements or standards for promotional events, for outside temporary sales,
and for general conditions. Much discussion focused on the relationship of
outdoor sales activities allowed by conditional use permits and those which
would be permitted by virtue of the administrative permit.
Marofsky indicated that the ordinance should have a limitation as to the total
amount of outside sales that could occur on a given site whether by
conditional use permit or by administrative permit. He indicated that if a
business wanted to have more than the ordinance allowed by right, i.e.,
through the administrative permit, the City Council could allow that by virtue
of the conditional use permit. Nevertheless, whatever the maximum allowed by
conditional use permit, a business should then not be able to "stack"
additional days for other events by means of the administrative permit.
Marofsky raised his concern that 100 days for temporary sales seemed excessive
and should have a lower limit unless the City Council specifically extended
the time by virtue of a conditional use permit.
Janssen stated his concern with the maximum number of days in that there
should be a clear understanding as to the relationship between the conditional
use permit events and the administrative permit events and sales.
Pierce agreed with Marofsky that there should be a limit although it was not
clear from the discussion what that limit should be. Further discussion was
generated on that topic.
Tremere suggested that perhaps the following would help the task force gain
some direction on the subject of limitations: reduce the maximum total time
for sales activities from 100 days, perhaps to 60 days as suggested by
Marofsky; just provide that there shall be no more than 10 sales activities
per year per property; do not limit the duration of individual sales activity
the draft now limits that to 30 consecutive days); and consider dropping the
2
requirement that there be at least 5 consecutive days between sales
activities. He emphasized that his intent was to gain a sense of direction
from the task force as to whether those were important items in order to reach
a conclusion about the total limitations.
It was the consensus of the task force that the definition of promotional
events and of sales activities should be clearer particularly with regard to
the intent, i.e., to have a temporary sale and event provision in the
ordinance but to retain the concept of permanent sales activities out -of -doors
by conditional use permit only.
Marofsky suggested that the task force consider having a maximum of 60 days
calendar year per property for outside sales; that a provision be made for up
to 30 more days by administrative permit for those businesses that have
conditional use permits already at the time of adoption of the regulation for
a maximum of 90 days per property per year with the understanding that any
other business which sought more than 60 days as allowed by administrative
permit would need to get City Council approval of a conditional use permit;
and that the limitation of 10 sales activities per year per property be
retained without a requirement on the number of consecutive days per event or
the number of days between events or sales activities.
Motion by Marofsky, seconded by Mellum to direct staff to prepare a revised
draft in accordance with the task force discussion.
All voted in favor, with Solarz abstaining. Motion passed.
Janssen indicated that he would prefer no limit on the number of days and that
he realized that raises the issue of whether there should even be a
conditional use permit required for outside sales activities.
Tremere indicated that the balance of the packet materials should be retained
and reviewed relative to outside storage; a new packet will be produced and
delivered prior to the next meeting.
The next meeting was scheduled for Wednesday, May 23, at 7:30 a.m.
The meeting was adjourned at 9:20 a.m.
pl /bt /OS.5- 16:jw)
3
TO: Members of Task Force on Outside Storage, Display, and Sales
FROM: Blair Tremere, Community Development Director
SUBJECT: SUMMARY NOTES FOR THE MAY 23, 1990 MEETING
Members Present: Larry Marofsky, Tom Janssen, Dave Johnson, Larry Mellum, and
Jack Wenner
Staff Present: Myra Wicklacz, Blair Tremere
The meeting was called to order at 7:30 a.m. by Chairman Marofsky.
Marofsky reviewed several sections of the summary notes for the April 16, 1990
meeting; the summary notes were approved.
Tom Janssen expressed his concern that the maximum total time of 60 days per
year per property for temporary sales activities was not enough in some cases.
He said he appreciated that the administrative approval for temporary sales
activities was less complicated as a process that applying for a Conditional
Use Permit.
Blair Tremere commented on the history of the Ordinance provisions for
temporary outdoor sales and promotional events. Marofsky noted that several
Task Force members seemed to desire more than 60 days as a maximum.
Tom Janssen suggested that some distinction be made for the size of sites and
for the type of sites. He stated, for example, that some businesses (such as
shopping centers) may need more days to accommodate the potential interest and
needs of all the tenants.
There was discussion regarding item 2 (C) under temporary sales activities;
the item makes provision for those businesses with a Conditional Use Permit at
the time the Ordinance is adopted by providing for an administrative permit
for up to 30 additional days.
MOTION by Jack Wenner, seconded by Larry Mellum to recommend approval of the
draft provision -for outdoor events and sales as contained in the second
revised draft dated May, 1990. Motion passed unanimously.
Chairman Marofsky introduced the next item, review of draft changes to City
Zoning Ordinance related to outside storage. Tremere reviewed summary notes
from earlier meetings wherein it was the consensus that some degree of outside
storage was permissible without a Conditional Use Permit as long as it was
within defined limits (location).
There was extensive discussion regarding vending machines. Dave Johnson
stated that a Conditional Use Permit process was bothersome and inquired
whether there could not be an administrative permit. Larry Mellum agreed that
some regulatory control as to the number and location of machines was needed
Page Two
but that an administrative permit was preferable and was all that is needed to
ensure public safety standards are met.
Tremere stated that earlier discussions had included whether soft drink
vending machines, for example, constituted screening of the product or whether
the machine itself was a display of merchandise.
He also stated there had been some discussion with the City Clerk regarding
the feasibility of licensing vending machines which could be subject to some
environmental and safety controls and thus a special zoning.permit would not
be required.
Chairman Marofsky noted that it was the time for adjournment and indicated
that he would consult with staff as to the appropriate time for the next
meeting, either June 6 or June 13. The Task Force should strive to complete
the work although substantial discussion likely remains regarding storage and
display.
Tremere indicated that Myra Wicklacz had taken a number of slides representing
various types of outside activity and these could be presented at the next
meeting.
The meeting was adjourned at 9:10 a.m.
pl /bt /OS.6- 23:jw)
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
TO: Members of Task Force on Outside eStoraFROM: 9 Display, and SalesBlairTremere, Community Development DirectorSUBJECT: SUMMARY NOTES FOR THE JUNE 13, 1990 MEETINGMembersPresent: Larry Marofsky, Tom Janssen, and CraigStaffPresent: Solarz
Laurie Rauenhorst Myra Wicklacz, Blair Tremere
The meeting was called to order at 7:30 a.m. by ChairmanMyraWicklaczpresentedslidesofvarioussiteswith
Marofsky.
and sales.
outside storage, displayThesummarynotesfortheMay23, 1990 meeting were approved.
d
Larry Marofsky reviewed the June, 1990 memorandum an su gested that the TaskForcetakeactionontheindividualitems. g
MOTION by Marofsky, seconded bfortheZoningOrdinanceinSections8, Subdivision approval
clarify
of new languagerequirementforaConditionalUsePermitinallbusinessd' to clarify the currentlanguagewouldread: "Any sales, service, storage, conducted outside the building containing the principal
The new
specifically allowed or is not prohibited elsewhere
i ipal usespthat activity
MOTION passed unanimously.
by this ordinance."
Extensive discussion ensued regarding the existingSection10, Subdivision C which a performance standard indistricts. Marofsky suggested that the languagelshoujdnessI -1 District, remainarelativesto the
The Business District standard should continue to prohibityard. Extensive discussion was then focused on the defini '
yard ". Blair Tremere explained that typically the
storage in required
which the ordinance defines as the minimum yard as measured
ton of requiredline. y definition a the yardredfromtheproperty
ofsky stated the existing language needs to be clarified .
atter of visibility from "any of the classes of residence d'
to fled regarding the
althoughadjoining property". He
t has been
this ould strictl and frompresentsomepracticalproblemsstandardforsometime.
There was also discussion regarding service stations and reference was made to
the May 16, 1990 meeting and the zoning standards for service stations. It
was the consensus that language in the paragraph, "Restrictions on Outside
Operations" should be revised to allow the display of petroleum products in
the pump island area.
MOTION by Marofsky, seconded by Solarz to direct staff to make the language
revisions and to draft clarification language as noted; further, to recommend
approval of the language on prohibition of the display of merchandise as noted
in the third point of Item 2, deleting the words "in the same yard" so the
direction would be to prohibit the display of merchandise except when
specifically authorized by the ordinance in conjunction with outside sales
activity.
MOTION passed unanimously.
Marofsky indicated that further discussion was needed on the issue of where
outside sales could be located on a site; he stated his preference that the
Planning Commission and City Council should approve such activities if they
are to be in required (minimum) yards.
Janssen stated that it is usually the transient merchant and perhaps service
stations that occupy required yards. Marofsky responded that that was the
intent of his observation; those activities would not be allowed there unless
it was specifically approved by the Planning Commission or City Council.
Extensive discussion centered on the term "required yard" and whether it was
the yard defined by the building setback or the yard defined by parking and
driving area setbacks.
MOTION by Marofsky, seconded by Janssen to direct staff to develop language
that would allow temporary sales within a required yard provided the yard is
paved and the activity does not interfere with parking, traffic circulation,
or emergency vehicle access. The intent is to allow eligible activities on
paved areas and is not intended to provide for temporary sales on unpaved
landscaped areas.
MOTION passed unanimously.
Marofsky noted that the Task Force needed to have another meeting to continue
the items on the June, 1990 (Revised) memo starting with Item 4.
The next meeting date was set for June 27, 1990.
The meeting adjourned at 9:15 a.m.