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HomeMy WebLinkAboutPlanning Commission Packet 11-28-1990CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Nov. 14, 1990 COMMISSION MEETING DATE: Nov. 28, 1990 FILE NO.: 90098 PETITIONER: Robert and Andrea Nichols REQUEST: Planned Unit Development Plan and Conditional Use Permit Amendment to Cimarron Ponds RPUD for a Three Season Porch of 12' x 16' to be Constructed to the Patio Home. LOCATION: 1090 Weston Lane GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) ZONING: RPUD 76 -3 BACKGROUND: The Cimarron Ponds RPUD was approved as Preliminary Plan /Plat by City Council Resolution 76 -680 on November 15, 1976. The plat called for 228 patio homes and 18 single family homes. The project has been constructed basically as approved in 1976. In 1981, by Resolution 81 -761; in 1986, by Resolution 86- 313; in 1988, by Resolution 88 -545; and in 1989, by Resolutions 89 -503, 89- 610, and 89 -611, the City Council approved Conditional Use Permit amendments to the RPUD to allow construction of additions to other patio homes within the project. The petitioner is requesting approval of a 12' x 16' three season porch to be constructed onto the rear of their patio home, replacing a 10' x 15' patio. Notice of this proposal has been published in the official City newspaper, and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The three season porch is of the type now becoming common throughout the community. The porch is similar to those constructed previously within this development. The porch is designed to be constructed to match the existing residence as to design and construction materials. 2. The Final Plan /Plat for the Cimarron Ponds Addition depicted exact structure footprints within the confines of the platted lots. The plan approval, in that case, established the setbacks, lot coverage and related matters based on the plan, rather than on a numeric standard. 3. A feature of each of the original patio homes is a concrete patio 10' x 15', constructed on the portion of the site now proposed for the three season porch. Various non - structural enclosures have been constructed where no building permits have been required. see next page) File 90098 Page Two 4. The Planning Department has received a letter from Cimarron Ponds Homeowners Association. The letter indicated to the petitioner, that the Homeowners Association did not approve the plan for the porch. The City of Plymouth is not a party to the Homeowners Association, and the Homeowners Association's decision should play no role in the Commission's decision. 5. The Zoning Ordinance directs the Planning Commission to consider a Conditional Use Permit of this type in terms of the six criteria found in Section 9, Subdivision A, paragraph 2a. We have attached a copy of the referenced citation together with a handwritten response to those criteria from the petitioner. 6. The Planning Commission must also consider this particular Conditional Use Permit in terms of the Planned Unit Development Ordinance Preliminary Plan and Plat Review Criteria found in Section 9, Subdivision B, paragraph 5c of the Zoning Ordinance. We have also attached a copy of this Ordinance citation. PLANNING STAFF COMMENTS: 1. We find the proposal to construct the three season porch responds positively to most of the Conditional Use Permit criteria and the Planned Unit Development Preliminary Plan /Plat findings with respect to issues involving orderly development and improvement of surrounding property and uses; compliance with, and effect upon Comprehensive Plan Elements. Storm water drainage concerns are mitigated in this case by the existence of the concrete patios of very similar dimensions to the three season porch that will replace it. Little, or no change will result. 2. The primary determination in this matter is that of the impact on the immediately adjoining private property. In this case, the proposed three season porch will not be closer to the adjoining unit than the previous concrete patios (with or without the screen enclosures). This project was designed for a compact layout, and the residents of the development purchased their homes with knowledge that privacy for outdoor activities is limited. Staff observes that many of the patios that now exist in the area already occupied by non - structural screened enclosures, and that the three season porches, over time, will likely prove to be a more attractive alternative. 3. The impact of this structure on the adjacent public property is another concern. The proposed three season porch will be approximately 18 feet from the right -of -way line for 10th Avenue North and approximately 28 feet from the pavement to 10th Avenue North. 4. The City Council has approved a three season porch on the rear of a patio home at 1071 Weston Lane. In that case, however, the porch was further away from the public street, 39 feet from the right -of -way line and 49 feet from the pavement of Vicksburg Lane. see next page) File 90098 Page Three 5. We find that the proposed three season porch does not respond favorably to the Conditional Use Permit criteria regarding impact on community infrastructure and the general welfare. If approved, the porch will be located closer to public right -of -way than any standard setback identified in the Zoning Ordinance and any allowed for this project. RECOMMENDATION: I recommend Planning Commission adoption of the attached draft action denying an amendment to the Cimarron Ponds RPUD 76 -3 to permit construction of the three season porct ,It,,.1090 WestoS,1 e. Submitted by: es -E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Denying Planned Unit Development Plan and Conditional Use Permit Amendment 2. Draft Resolution Approving Planned Unit Development Plan and Conditional Use Permit Amendment 3. Location Map 4. Petitioner's Narrative 5. Petitioner's Plan 6. Conditional Use Permit Review Criteria 7. PUD Preliminary Plan Review Criteria pc /cd /90098:dl) DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR ROBERT AND ANDREA NICHOLS FOR CIMARRON PONDS (RPUD 76 -3) (90098) WHEREAS, Robert and Andrea Nichols have requested approval of a Planned Unit Development Plan and Conditional Use Permit amendment to allow construction of a three season porch for property located at 1090 Weston Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE- CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Robert and Andrea Nichols for a Planned Unit Development Plan and Conditional Use Permit amendment to allow construction of a three season porch for property located at 1090 Weston Lane, based on the following findings: 1. The location of the three season porch does not respond favorably to the Conditional Use Permit criteria regarding the general public welfare and the impact upon the use and enjoyment of property in the immediate neighborhood. 2. The proposed setbacks are less than Ordinance minimums for structures. APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR ROBERT AND ANDREA NICHOLS FOR CIMARRON PONDS (RPUD 76 -3) (90098) WHEREAS, Robert and Andrea Nichols have requested approval of a Planned Unit Development Plan and Conditional Use Permit amendment to allow construction of a three season porch for property located at 1090 Weston Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE- CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Robert and Andrea Nichols for a Planned Unit Development Plan and Conditional Use Permit amendment to allow construction of a three season porch for property located at 1090 Weston Lane, subject to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. A finding is made that the proposed addition is within the ground cover footprint (structure plus concrete patio) approved with the original RPUD Plan. As such, the degree of RPUD Plan amendment proposed is not of such scale as to alter the balance of Zoning Ordinance flexibility to PUD attributes found with the approved RPUD Plan. OL 16150 iiTiy) -As.0i ' .. e lilll WE t 1 90 v V Conditional Use permit for 1090 Weston Lane The i'quest is for a 12 x 16 seasonal glass enclosed porch similar to those approved for Cimmeron Ponds homeowners in four previous occasions on the I St year. The addition will be compatible with existing building and not detract from the area. In fact, it will enhance the neighborhood because of visibility from the street without blocking the view of any resident. The addition will add to the property values of the neighborhood. The addition should not impede the normal and orderly development of suurounding properties. ingress, egress and parking are not factors in the proposed construction. Traffic will not be a factor. The conditional use and plan are almost identical to previous plans submitted and should therefore conform to applicable regulations of the district. u j 1 i rig 57 - i 090 Weston Lane 00 14 E 48 ram' Q'ui y Denotes Wood Stake X000.0 Denotes Existing Elevation 000.0) Denotes Proposed Elevation E— Denotes Direction of Surface Drainage T I J Proposed Garage Floor Elevation= 954.2- Proposed Lowest Floor Elevation= 954.9 1 hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 56, Block 1, CIMARRON PONDS 2ND ADDITION, Hennepin County, Minnesota. And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. It also shows the locaton of the stakes as het for a proposed building. As surveye by me this 4th day of Ap r i 1 19 78 J 1! Thomas S. Bergg6ist ' Land Surveyor, Minn. Reg. No. 7 7 2 5 FEW i E 201 CERTIFICATE OF SURVEY INV BOOK PAGE for K COMBS- KNUTSON ASSOCIATES, INC. 5 CONSULTING ENGINEERS LANO SURVEYORS SITE PLANNERS FILE NO. ,-. ' . E 3470 CEN UP\ION CC?f-'TANY MINNEAPOLIS, HUTCHINSON. -d MARSHALL, MINNESOTA l7 . 14_ ye' is «< Z-A -- IEi?aa4 4aVstTT. _ I I II AWFL tM,t<•rl 9:A Kt. t Je Flo VA i 111.ib -M 6Hr4, j 16 , 1 YY 0 , : -11 Do 4D'Z.Y110 &ZO O; FROR SOMCN 9, S[ - DIVISICN A 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cmnission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recatmendation 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 C gxehensive 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 improvetmient of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. forns:o >pl /cup.stnd /s) 10/89 i -- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision 6 c. The Planning Commission Staff shall submit a written review along with the applicant's plans to the Planning Commission prior to their meeting to consider the proposal. The review shall contain: 1) Relationship of proposal to the surrounding neighborhood. 2) Compliance with City ordinances and the Comprehensive Plan. 3) Recommended action. 9 -15 A 5-8- CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Nov. 15, 1990 COMMISSION MEETING DATE: Nov. 28, 1990 FILE NO.: 90099 PETITIONER: Dwight Larson REQUEST: Conditional Use Permit, Site Plan, and Variances LOCATION: 11318 Highway 55, Northwest of Highway 55 and Southshore Drive GUIDE PLAN CLASS: CS (Service Commercial) ZONING: B -3 (Service Business District) BACKGROUND: On February 27, 1989, the City Council adopted Resolution 89 -104 approving a Conditional Use Permit and Site Plan for Holzer's Imported Car Service. Although the Conditional Use Permit and Site Plan were approved, Holzer's Imported Car Service never opened for business. This site has been used for various automotive related businesses over the last 16 years. The original use of this building was, in fact, a car wash. The petitioner is requesting approval of a Conditional Use Permit, Site Plan, and variances to upgrade /remodel and operate the car wash facility. Notice of a Public Hearing concerning the Conditional Use Permit has been published in the official City newspaper, and all property owners within 500 feet of the car wash facility site have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner proposes to remodel a structure originally used as a car wash, but subsequently used for other purposes, into a car wash facility. The proposal includes the use of the adjacent lot to the west (owned and operated by the petitioner) to provide an additional access point and spaces for six vacuum machines and parking spaces. The lot to the west has not been included in the petitioner's official request, and the 500 - foot notice did not include that lot as part of the requested site. 2. The proposal for cross - access and cross - parking between the two sites raises an issue of whether the parking /access on the service station site to facilitate the operations of the car wash site creates the requirement that the service station site also have a Conditional Use Permit for car wash operations. 3. The proposal to locate vacuum machines on the service station site, constitutes a "business activity not conducted in an enclosed yard or see next page) File 90099 Page Two building," and, therefore would be subject to a Conditional Use Permit on the site upon which the use is proposed to be located - -the service station site. 4. With respect to the components of the Physical Constraints Analysis, this site is located within the Bass Creek Watershed District and contains no flood plains; is not part of a Shoreland Management area; does not contain any wetlands of either state or federal definition; does not have woodlands; has no slopes over 12 percent; and is suitable for development with on -site sewage. 5. The application, as presented, involves two variances: a. a 50 -foot rear setback for the cashier's booth versus the Ordinance standard of 75 feet; and b. a 15 -foot setback for a freestanding sign from the road easement line versus the Ordinance standard of 20 feet. 6. City policy requires one overstory tree per 1,000 square feet of gross building area or one tree per 50 lineal feet of site perimeter, whichever is greater. According to this policy, eight additional overstory trees must be provided. The applicant requests, by his letter of October 29, 1990, to substitute shrubs for overstory trees, consistent the provisions of paragraph 3c of Resolution 81 -273 regarding landscaping. 7. Before any Conditional Use Permit may be granted, the Planning Commission shall review the request for compliance with the Conditional Use Permit standards set forth in Section 9, Subdivision A, paragraph 2a of the Zoning Ordinance. The applicant has submitted a narrative response to those standards. PLANNING STAFF COMMENTS: 1. We find the interdependence of the car wash site with the adjacent service station site to be significant. In addition to cross access, car wash parking and trash containment is located on the service station site. Both parcels are in the same ownership at this time. We believe the two sites should be combined as tax parcels, and this Site Plan and Conditional Use Permit application should include both parcels. The applicant was advised of our concern for inclusion of the service station site with this review during the Development Review Committee consideration of these applications, but has decided to pursue the car wash site on a separate application without consideration of the service station site. If the adjacent lot is added to the Conditional Use Permit request through a lot consolidation, modification of the request will be required. The off - street parking, stacking, and landscape plan would need to be modified to include the additional service station and property. 2. We find the proposal to locate the access, parking and vacuum facilities related to the car wash on portions of the service station site without consideration of a Conditional Use Permit and Site Plan for the service station site administratively inappropriate and legally questionable. No see next page) file 90099 Page Three further action should be taken on these applications without either having an amended application to have all car wash use on the car wash site; or, a Conditional Use Permit and Site Plan for the service station site t a-t can be considered jointly with this request. CONCLUSIONS AND RECOMMENDATION: I hereby recommend tabling of these applications with direction to the applicant to either amend the proposal to use only the car wash site for car wash activity, or clude the service station in the Conditional use Permit and Site Pl lication Submitted by: Char es E. Di eru ommunity Development Coordinator ATTACHMENTS: 1. Engineer's Memorandum 2. Petitioner's Letter of October 29, 1990 3. Staff Letter of October 25, 1990 4. Conditional Use Permit Criteria 5. Location Map 6. Large Plans pc cd 90099:jw) i City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: November 20, 1990 FILE NO.: 90099 PETITIONER: Mr. Dwight Larson, Larson Automotive, 11320 State Highway 55, Plymouth, MN 55441 SITE PLAN: LARSON AUTOMOTIVE /PLYMOUTH CAR WASH LOCATION: 11320 Highway 55 West. The northeast quadrant of the intersection of Highway 55 and West Medicine Lake Drive. 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. 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: None. 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. The proposed car wash will be sharing drive access and Darkine with the existing station. In addition. the Site Plan shall include the existing station. 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.) 8. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. XX All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. 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 X MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and 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: Silt fence shall be shown on the site plan. 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 See special conditions. 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. Storm sewer is not available to this site. 4- N/A Yes No 22. X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item Nos. 6 7. 11, 12, 20, 24A. 24B, 24C and 24D. 5- SPECIAL CONDITIONS REOUIRED: 27. A. The existing service road is not entirely within the 30 foot road easement. The developer shall be required to provide an additional easement for roadway purposes over both the Standard Station site and the car wash site. B. Existing services to the building shall be shown on the Site Plan. C. The proposed elevations shall be shown for the new drive aisles and parking areas. D. Loss easements will be required for storm drainage, parking and drive aisle. Submitted by: & ,Jc/ v1 LL 1 Daniel L. Faulkner, P. E. City Engineer DL NNO ERICKSON ARCHITECTS 7415 WAY2ATA BOULEVARD MINNEAPOLIS MN 55426 ` 612 - 544 -837 October 29, 1990 Charles E. Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Dillerud: In response to your letter of October 25, 1990 we submit the following: 1. We ask for a variance on these items based on the reasoning submitted herewith and that the strict enforcement of the ordinance would cause a hardship to the use of the property. 2. The use of the existing drive and parking area on the parcel west by easement or rental agreement does not impair the full use of the service station site. Futher combination of the parcels would create financing and legal problems with the car wash and not desired by the owner. In addition it is possible to accommodate the car wash fully on the parcel if it is the only alternative. 3. It seems that this item further substantiates the inappropiateness of Item 2 for the above reasons. 4. The service station site is not part of this application and it is not appropriate to develop this property until the service road and West Medicine Lake Drive intersection is resolved. 5. The car wash includes automatic dry blower and exterior wipe down at no extra cost. 6. The fence as proposed fully screens the car wash operation and extending it to screen the service station is not part of this,application. 7. The standards for this application parcel would require 14 overstory trees based on 50' rule or 1 based on area. We request substitution of 8 of those trees with 45 shrubs per landscape plan. If not we can add a tree but do not have a good location for it. 8. This condition is arbitrary and not consistent with the conditional use permit requirements for reopening an existing business that does not require any substantial changes to site. Charles E. Dillerud October 29, 1990 Page 2 It seems that resolution of streets and easements.should:be done at same time with all properties and planning of service road. 9. We thought we complied with requirement, if not please indicate where additional signs should be placed. 10. All new curbing shall be B -612 design. 11. We will amend site plan as necessary, however, it may be more appropriate to change the designation of parking to stacking for some of the cars and still have a total of 35 on site. 12. Enclosed herewith is application fee of $60.00 for above variances. Please contact me for any questions or if you wish to meet on the above. Very truly yours, DELANO ERICKSON ARCHITECTS Del Erickson, AIA DDE /se enclosures cc: Dwight Larson October 25, 1990 Mr. Dwight Larson Larson Automotive 11320 State Highway 55 Plymouth, MN 55441 SUBJECT: SITE PLAN AND CONDITIONAL USE PERMIT FOR PLYMOUTH CAR WASH (90099) Dear Mr. Larson: This letter is written to forward review comments and observations submitted by the staff members at the October 9 and October 23, staff review committee meeting regarding the above referenced application. This shall also confirm a meeting with the Development Review Committee, yourself and your architect Del Erickson on October 16, 1990, at which time issues raised at the October 9, Development Review Committee were discussed in detail. Responsive to that meeting Mr. Erickson has submitted revised plans on your behalf which were reviewed by the Development Review Committee on October 23, 199. During the staff discussion of the application materials submitted, the following items were addressed: 1. The Site Plan you have submitted proposes new site features which are inconsistent with the Plymouth Zoning Ordinance as follow: a. The "Cashier Booth" located 50 feet from the rear property line versus the ordinance standard of 75 feet . b. The pylon sign for the car wash proposed 15 feet from the road easement line versus the ordinance standard of 20 feet. 2. Your Site Plan for the renovation of the car wash facility continues to rely on substantial encroachment on the existing separate parcel containing the service station to the west. Specifically, access parking, trash containment and screening related to the car wash facility all take place on the service station parcel. The interrelationship of the two parcels has become so substantial as to strongly suggest that a continued separation of the parcels is inappropriate.. A legal combination of those parcels should be an additional application made at this time. By a letter from you your application can be amended to include the consolidation of these two parcels. An additional application fee of $60 should also be submitted. 3. Upon consolidation of the parcels as noted above, two additional variances would be of issue, as follow: a. Two principal structures (the car wash and the service station) on a single tax parcel versus the Zoning Ordinance standard of no more than one principal structure on any single tax parcel. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000 b. Two freestanding business signs on a single parcel in the B -3 Zoning District versus the ordinance standard of a single freestanding business sign for each parcel. 4. Your Site Plan should be expanded to include designation of stacking and offstreet parking as well as other site features related to the service station area. Your Landscape Plan should be expanded to addresst e service station areas not scheduled for hard surface treatment as well. It does not appear that a major change in your Site Plan will be necessary to accomplish this - -only some additional detail on the Site Plan that you have already prepared that addresses the car wash and a portion of the service station site. It is important to clearly specify the vehicular interaction between these two uses, particularly with respect to circulation and offstreet parking. It is clear that the car wash cannot function without encroachment on, and use of, a portion of the service station facility. 5. Please specify whether cars will be dried as a part of the car wash process, and if such drying is mandatory or an extra cost option. It has been the City practice with the past two Conditional Use Permits involving car wash facilities in Plymouth to require the drying of vehicles as a part of the standard car wash package - -not as an option. The reason for this requirement is to remove the possibility of water being carried to the public streets and causing hazardous conditions during subfreezing weather. 6. The "7 foot high redwood fence" proposed along the north property line should be extended westerly to the west property line to fully screen the car wash /service station operation from the residential properties north of this site. Section 8, Subdivision G, Paragraph 2a of the Plymouth Zoning Ordinance provides that a buffer or screen shall be approved as a part of the Site Plan and installed prior to issuance of a Certificate of Occupancy for any parcel in a nonresidential district that adjoins any of the classes of residence districts. In addition, Section 10, Subdivision B, Paragraph 5d provides that offstreet parking areas near or adjoining residence districts shall be screened by a buffer fence of adequate design. The 7 foot redwood fence proposed will meet the standards for screening, but should be extended to the west property line as noted above. 7. Your Landscape Plan is not consistent with the City of Plymouth Landscape Policy. The standards of the Landscape Policy (a copy of which is enclosed) would appear to require 21 overstory trees be planted on your total site (less existing overstory trees). Up to 50 percent of that requirement may be substituted for with other landscape design elements. You must specifically request that substitution. 8. A condition of approval will be provision of such additional easements as are necessary to cover the actual location of the service road south of and parallel to these sites. Additional easement will be required sufficient to result in the existing service road location matching the easement provided. 9. The Fire Inspector indicates that additional fire lane signage will be required along the north property line sufficient to result in one fire lane sign every 75 lineal feet. 10. All new curbing shall be 6 -612 design. 11. It does not appear to be your intent to stripe parking spaces 16 -25 on site. Your Site Plan should be amended to specify these spaces striped on the site as shown. 12. Since Zoning Ordinance variances would now appear to be contemplated- - whether or not the parcels are consolidated - -you should now, in writing amend your application package to specifically include those variances. The additional application fee is $60. Please find enclosed a copy of the Variance Criteria of the Zoning Ordinance. Please provide a narrative addressing each of those criteria related to the.Variances you apply for. The purpose of this letter is to notify you of those review items identified during the staff review of the application materials. You should respond to the above review comments in written and /or graphic form as appropriate. Your earliest response in written and /or graphic form to the above points will permit us to continue processing the application for review by the Planning Commission. You should respond to all of the items. Once the additional and /or revised information is submitted, the staff members will in turn review the information to verify that all the items have been addressed. If any additional comments arise from that staff review, correspondence similar to this letter will be promptly forwarded to you. If you have questions relating to the above review comments, or if you feel a more detailed discussion (through a meeting with the staff members) is warranted, please feel free to contact our office at your earliest convenience. We anticipate working with you through the completion of the review process. Hopefully, this information will assist you. Sincerely, i erud Community Development Coordinator Enclosure cc: File 90099 dre /cd /90099:jw) DATE: October 9, 1990 TO: OC44nVITY DEVELOPMENT OOORDINATOR FROM: Eric Blank or Mary Bisek, Parks and Recreation SUBJECT: REVIEW OF PLANNING APPLICATION FILE NUMBER: 90099 PETITICNER: LARSON AUTOMOTIVE /PLYMOUTH CAR WASH YES The proposed park plan conforms with the approved park X plan of the City. N/ YES NO The proposed plan shall require payment of cash fees in lieu of dedication at the time of filing the final plat or issuance of building permit. N/A YES NO The proposed plan shall require the dedication of land at the time of filing the final plat. N/A YES NO The proposed plan shall require the dedication of ease- ments at the time of filing the final plat or issuance of building permit. N/A YES NO The proposed plan shall require a combination of cash, land dedication and /or easement dedication. PBCM SECTICN 9, SU DIMICN A 2. $i 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 reoa:nmerr]ation 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) Ccupliance with and effect upon the Canprehensive 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 canfort. 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 NIIiIO 0 k5 C 0 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Nov. 15, 1990 COMMISSION MEETING DATE: Nov. 28, 1990 FILE NO.: 90101 PETITIONER: Davey Tree Expert Company REQUEST: Conditional Use Permit and Site Plan LOCATION: 2500 Fernbrook Lane North GUIDE PLAN CLASS: I -P (Planned Industrial) ZONING: 1 -1 (Planned Industrial) BACKGROUND: On June 20, 1977, the City Council approved Resolution 77 -295 for a Conditional Use Permit for a sales /service of industrial lift trucks at this site. The resolution included a prohibition of outside storage of products, waste or waste containers. The petitioner is requesting approval of a Conditional Use Permit and Site Plan for the outside storage of landscaping materials and vehicles at an existing building. Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes alterations to the existing 2.68 -acre site and 11,750 square foot building to accommodate a tree service firm. The structure would office the firm and provide minor maintenance to vehicles of the firm. Outdoor storage of tree service trucks and equipment is proposed as a conditional use. 2. The structure modifications proposed are minor -- overhead door installation on the north elevation. Site modifications include enlargement of the existing parking area; a 10,400 square foot tree and landscape material storage area; a 6 -foot board screen fence on the site perimeter; and enhanced landscaping. 3. The Physical Constraints Analysis identifies this property to be located within the Bassett Creek Drainage District. The site is not located within the Shoreland Management District. The site does not contain major woodlands or severe slopes in excess of 12 percent. The soils are suitable for urban capability with public sewers. see next page) File 90101 Page Two 4. The Site Plan complies with applicable ordinance, codes, and policy standards for development in the I -1 Zoning District. Specifically, all ' setbacks, other site dimensions, and off - street parking are consistent with the Zoning Ordinance; site screening of outdoor stroage is consistent with the Zoning Ordinance; landscaping is consistent with City Council Policy Resolution 81 -273; and trash storage facilities are consistent with the Zoning Ordinance. 5. Before any Conditional Use Permit may be granted, the Planning Commission shall review the request for compliance with the Conditional Use Permit standards set forth in Section 9, Subdivision A, paragraph 2a of the Zoning Ordinance. The applicant has submitted a narrative response to those standards. PLANNING STAFF COMMENTS: 1. We find that the Conditional Use Permit for outdoor storage meets the six conditions upon which the Planning Commission must review each petition. 2. We find the Site Plan complies with applicable City ordinances, policies, and codes. RECOMMENDATION: I hereby recommend approval of the attached draft resolution providing for the Conditional Use it and S P for the D Tree Expert Company. Submitted by C arles E. Dilleru , Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit and Site Plan 2. Engineer's Memorandum 3. Conditional Use Permit Criteria 4. Resolution 77 -295 5. Petitioner's Narrative 6. Location Map pc /cd /90101:dl) APPROVING CONDITIONAL USE PERMIT AND SITE PLAN FOR DAVEY TREE EXPERT COMPANY 90101) WHEREAS, Davey Tree Expert Company has requested approval for a Conditional Use Permit and Site Plan to allow for outside storage of landscaping materials and vehicles at an existing building located at 2500 Fernbrook 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 Davey Tree Expert Company for a Conditional Use Permit and Site Plan to allow for outside storage of landscaping materials and vehicles at an existing building located at 2500 Fernbrook Lane North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 3. Any signage shall be in compliance with the Ordinance. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 6. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 7. All outside storage shall be contained in those areas identified on the approved plans. r City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: November 20, 1990 FILE NO.: 90101 PETITIONER: Mr. Jim Parker, Advance Surveying and Engineering, 5300 Highway 101, Minnetonka, MN 55345 SITE PLAN: DAVEY TREE LOCATION: North of 25th Avenue, east of Fernbrook Lane in the northwest 1/4 of Section 27. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. — X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ X _ Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. 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.) A ten foot drainage and utility easement will be squired along 25th Avenue and a 6 foot drainage and utility easement required along the east and north lot lines. 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. A drainage easement for ponding will be required to an elevation of 946.0. 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: X DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and 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: Shall comply with Bassett Creek and DNR requirements. 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. Existing fire hydrants are to be used. 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. Utilities are in place. 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. Hydrants are in place. 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. Sanitary sewer is in place. 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. 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 Item Nos. 7. 8. 11, 12, 13, 27A. 27B. 27C and 27D. 5- SPECIAL CONDITIONS REQUIRED: 27. A. The contours on the grading plan seem inconsistent, the 962.0 contour in particular. The grading plan shall be checked and revised accordingly. B. A drainage area map shall be submitted in support of the previously submitted storm drainage calculations for review. C. The steep storm sewer grade will require an energy dissipater. D. Double catchbasins in the northeast corner of the parking lot will be required. Submitted by: Daniel L. Faulkner, P. E. City Engineer I v • •.•. IKM SKMCN 91 SUBDIVISION A 2. Pte. Before any Conditional Use Penmit may be granted, the application therefore, shall be referred to the Planning Cmvdssion for purposes of evaluation against the standards of this section, Public Hearing, and developnent of a recanmendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Ccmni.ssion shall review the application and consider its conformance with the following standards: 1) Copliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pranote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or canfort. 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 itvsrnnt of surrounding property for uses pemitted 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. fonns:o >pl /cup.stnd /s) 10/89 CITY OF PI,YMOUni Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on t e 20th day of June , 191Z. The following members were present: Councilmen Hunt. Neils; Seibold ar+d Spaeth ng merbers were absent: None - Qoun ilman Hunt introduced the following Resolution and moved its adoption: RESOLUTION #77 -295 APPROVING CONDITINOAL USE PERMIT AND SITE PLAN FOR PREST EQUIPMENT COMPANY (A -734) WHEREAS, Prest Equipment Company has requested a conditional use permit and site plan approval for a 10,000 sq. ft. structure to be located at the northeast corner of Fernbrook Lane and 25th Avenue North for sales /service of industrial lift trucks on a 2.68 acre parcel; 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 requests of Prest Equipment Company for a conditional use permit and site plan for a 10,000 sq. ft. structure to be located at the northeast corner of Fernbrook Lane and 25th Avenue North for sales/ service of industrial lift trucks on a 2.68 acre parcel subject to the following conditions: 1. Dedication by easement of 7 ft. additional right -of -way (to a total of 40 ft. from center line) along the entire Fernbrook Lane frontage. The proposed 50 ft. structure setback from Fernbrook Lane shall be maintained from the new right -of -way line. 2. Compliance with the provisions of the City Engineer's memorandum regarding this project. 3. All street setback areas and portions of the site disturbed during construction shall be seeded or sodded (sod only on slopes exceeding 10 %). 4. Outside storage of products, waste or waste containers shall be prohibited. 5. Approval by the City rpior_to building permit issuance of lot division action to create the subject parcel. 6. Payment of Park Dedication fees -in -lieu of $1,340 ($500 X 2.68 acres). 7. Performance for site improvements to be secured per Zoning Ordinance require- ments for a period of 18 months. 8. Removal of the truck loading dock from the setback area of 25th Avenue North. 9. Minimum of four 2" calipher balled and burlapped Douglas Firs along the Resolution M -295 Page 2 Fernbrook Lane frontage. 10. Three additional Douglas Firs be planted along 25th Avenue North frontage, 2-" calipher balled and burlapped. 11. Preliminary report to be prepared for constructlon of 25th Avenue from Fernbrook to Cheshire Lane to the eastern boundary of the site. EIA The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Spaeth , and upon vote being taken thereon, the following vot tavor thereof: _Mayor Hilde, Councilmen Hunt, Neils, Awa Seibold and Spaeth qW The following voted against or abstained: None Whereupon the Resolution was declared duly passed iffid adopted. c) l(-,I NARRATIVE DESCRIBING CONDITIONAL USE APPLICATION 1. Compliance with and effect upon the Comprehensive Plan The Davey Tree Expert Company has been offering tree surgeon and lawn care services at 14100 21st Avenue North in Plymouth for some time in leased space within the I1 district. They are a national company and have been in the Twin Cities area for many years. They wish to acquire the Prest property which has been a Toyota Fork Lift dealership. They can use the building with few modifications but will need expanded parking and other modifications to meet city codes. Evergreen Lawn at 2068 E. Center Circle and Gran -U -Lawn at 2884 Vicksburg Lane N. are also providing similar services in Plymouth in the Ii district. 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. The Davey Tree Expert Company has a long history of providing a good lawn care and tree surgeon service which enhances the appearance of those properties in Plymouth which it serves. It is their intention to meet all codes that would protect 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. The appearance of the site is not proposed to change a great deal except for increased parking which will be screened by a fence and added landscaping. There is no drive in customer traffic and adequate screened parking is provided for the employee vehicles, tree pruning trucks, mower trailer and trucks, and fertilizer /pesticide tank trucks (parked inside) that will be involved. 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. We are not aware of any impediment that this use would pose for the development of neighboring properties. 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. Adequate parking, good traffic circulation, and ingress and egress to 25th Avenue North are provided in the proposed site plan. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The Davey Tree Expert Co. has every intention of conforming with all regulations within the I1 zoning district, with building code, fire code, and other applicable regulations. To ill Ji Film I)TAlb 1 1 /A7 V/' 5 D. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Nov. 15, 1990 COMMISSION MEETING DATE: Nov. 28, 1990 FILE NO.: 90102 PETITIONER: Clarence and Marilyn Gordon REQUEST: Conditional Use Permit and General Development Plan Amendment LOCATION: 410 Zinnia Lane North GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: R -2 (Low Density Multiple Residence) BACKGROUND: The petitioner is requesting approval of a Conditional Use Permit amendment to allow the conversion of a single family detached dwelling into a duplex unit and to amend the General Development Plan for this addition to allow a duplex unit on this lot. By Resolution 81 -143 adopted March 2, 1981, the City Council approved a Preliminary Plat and General Development Plan for the "Carlson Center Annex" for the platting and general planning of this entire area. Subsequently on April 20, 1981, the City Council approved a revised Preliminary Plat and General Development Plan for this area. On June 17, 1985, the City Council, by Resolution 85 -424, approved a Final Plat and Development Contract for the Carlson Center Third Addition. That Final Plat incorporated this lot. Rezoning of this lot to R -2 was accomplished concurrent with the Final Plat action. On May 1, 1989, the City Council, by Resolution 89 -240, approved a blanket Conditional Use Permit to allow the construction of two - family dwellings on 14 lots within this subdivision. Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. A second kitchen was located in the basement in 1984. The basement apartment was occupied for several years by different family members within the household. 2. This property is part of the Carlson Center 3rd Addition which included platting of parcels for the development of the single family detached dwellings, as well as two family dwellings. The General Development Plan see next page) File 90102 Page Two for this addition identifies lots specifically for single family or single family /duplex units. This lot is identified for a single family unit only. 3. The minimum lot area and yard setbacks comply with the R -2 District standards. 4. Access to County Road 61 is prohibited from this lot, access must be from Zinnia Lane. 5. Before any Conditional Use Permit may be granted, the Planning Commission shall review the request for compliance with the Conditional Use Permit standards set forth in Section 9, Subdivision A, paragraph 2a of the Zoning Ordinance. The applicant has submitted a narrative response to those standards. 6. The Physical Constraints Analysis identifies this property to be located within the Bassett Creek Drainage District. The site is not located within the Shoreland Management District, flood plain, or City storm water holding areas. The site does not contain woodlands or severe slopes in excess of 12 percent. The soils appear suitable for urban capability with public sewers, and the site design acknowledges the observed development constraints. 7. When the General Development Plan for the Carlson Center 3rd Addition was approved, it showed duplex units on the northern periphery with single family units in the interior. This lot was identified for a single family unit even though it is on the periphery of the neighborhood. 8. All but one of the dwellings on Zinnia Lane are single family units. Several lots, however, have not been plated and are still zoned FRD Future Restricted Development). Eventually, the remaining unplatted lots should be zoned R -2 (Low Density Multiple Residence) and subdivided. The Zoning Ordinance permits duplex units as a use by right in the R -2 District, in subdivision platted after 1987. The lots directly south and west fall into this group. These lots may eventually be rezoned, platted and then duplex units would be allowed without a Conditional Use Permit. PLANNING STAFF COMMENTS: 1. The proposal is consistent with the Land Use Guide Plan and Zoning Ordinance. 2. The proposal is consistent with the Conditional Use Permit criteria. 3. With the possibility that adjacent lots will eventually be rezoned to R -2 and platted, approval of this request will not violate the intent of the General Development Plan or the Guide Plan for this area. see next page) File 90102 Page Three RECOMMENDATION: I hereby recommend approval of this Conditional Use Permit and General Development Plan amendment, subject to the conditions as stated in the draft resolution. Submitted by: not) C a es E. Di eru muni y Deve opment Coordinator ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit and General Development Plan Amendment 2. Engineer's Memorandum 3. Conditional Use Permit Criteria 4. Petitioner's Narrative 5. Location Map pc /cd /90102:dl) APPROVING CONDITIONAL USE PERMIT AND GENERAL DEVELOPMENT PLAN AMENDMENT FOR CLARENCE AND MARILYN GORDON (90102) WHEREAS, Clarence and Marilyn Gordon has requested approval for a Conditional Use Permit and General Development Plan amendment to allow conversion of a single family detached dwelling into a duplex unit for property located at 410 Zinnia 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 Clarence and Marilyn Gordon for a Conditional Use Permit and General Development Plan amendment to allow conversion of a single family detached dwelling into a duplex unit for property located at 410 Zinnia Lane 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 building permit issuance. 3. No variances are granted or implied. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 8, 1990 TO: Chuck Dillerud, Community Development Coordinator FROM: Robert C. Johnson, Senior Engineering iaC" SUBJECT: GORDON /CARLSON CENTER 3RD ADDITIO (90102) Creating a duplex will require the payment of additional area assessments, 790 for water area, $440 for sanitary sewer area. RCJ:do cc: Fred G. Moore Daniel L. Faulkner John R. Sweeney FKX S MCK 9, S[IEDWISICK A 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recamiendation 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) Canpliance with and effect upon the Cooprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pramote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or ccmfort. 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 n October 8, 1990 Plymouth Planning Commission, Our home is in an area that is zoned R 2. There are 6 doubles in our neighborhood either occupied or under construction. When we built our home 6 years ago we had our youngest Son (then 22 years Old) and my husbands Yother living with us. Grandma passed away after only a few months. Our Son purchased his own hone last February so it leaves only my Husband and kyself. We made the downstairs into an apartment for our Son when we built the house. The downstairs has it's own walk out door and all windows are legal Right. We have adequate off street parking. We would like to be able to rent the lower level to a quiet tennant. Clarence & Yarilyn Gordon 410 Zinnia Lane Plymouth, Y.n. 55441 545 -5562 1. as our neighborhood is zoned to allow doubles it will have no affect against it. 2. It will not be a determent to or endanger public health, safety, corals or comfort. 3. It will not affect other property in the neighborhood as it will not change the appearance of the house. We already have 6 doubles in the neighborhood and more property zoned to build doubles. 4. We are in a developed neighborhood/ 5. We have adequate parking so that no vehicles would be parked on the street. 6. The conditional use will conform to regulations in the district. We are not asking to make any changes to our home. we are only asking to be allowed to have 1 or 2 none related persons living downstairs which would replace the 2 XXXXXX relatives that are no longer living with us. T_ llIL M LID] ' N /MAII no Sllj[1 oil w nip w. I J. E. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: Nov. 15, 1990 COMMISSION MEETING DATE: Nov. 28, 1990 FILE NO.: 90107 PETITIONER: Union City Mission REQUEST: Conditional Use Permit LOCATION: Southwest Corner of West Medicine Lake Road and 36th Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: The City Council, by Resolution 75 -678, approved a Conditional Use Permit for the Chemical Dependency Treatment facility for the Union City Mission. Over the years, several other uses have been added to this site: a detoxification center by Resolutions 78 -370 and 80 -754, and a shelter for victims of family violence by Resolution 80 -5. In 1988, the Union City Mission completed a Master Plan for its 38 -acre campus." The Master Plan work was funded by an allocation from the City of Plymouth's Community Development Block Grant Program (Department of Housing and Urban Development grant funds). The 1988 Master Plan shows the Smith Lodge to be used for storage and the woodworking shop with the eventual renovation of the structure to an unspecified use. The petitioner is requesting approval of a Conditional Use Permit to convert the Smith Lodge at the Union City Mission from a woodworking shop and storage building into transitional housing with 19 beds. Notice of this Public Hearing has been published in the official City newspaper, and all property within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. Provision of adequate parking to accommodate the proposed change in use is the primary physical site characteristic to be considered. Existing parking requirements for the Union City Mission is 92. With the conversion of the Smith Lodge, the required number of spaces increases to 102. There are currently 115 parking spaces provided at the Union City Mission. see next page) File 90107 Page Two 2. Before any Conditional Use Permit may be granted, the Planning Commission shall review the request for compliance with the Conditional Use Permit standards set forth in Section 9, Subdivision A, paragraph 2a of the Zoning Ordinance. The applicant has submitted a narrative response to those standards. 3. The Physical Constraints Analysis identifies this property to be located within the Bassett Creek Drainage District. The site is located within the Shoreland Management District but contains no wetlands. The site contains some major woodlands and severe slopes in excess of 12 percent. The soils appear suitable for urban capability with public sewers, and the site design acknowledges the observed development constraints. PLANNING STAFF COMMENTS: 1. Staff finds that the proposal meets the Conditional Use Permit standards as set forth in the Zoning Ordinance. Staff also finds that this is an appropriate use in this location and reasonable amendment to the Union City Mission Master Plan. 2. Parking provided for this project may be tight based on a strict interpretation of the Zoning Ordinance parking standards - -for hospitals; Union City Mission is not, however, a "hospital." The clients do not typically have personal transportation. If parking does prove to be inadequate, the site is large enough to accommodate the necessary parking on site. RECOMMENDATION: I recommend approv for the conversio Submitted by: Cha ATTACHMENTS: the attached re e b u i 1 d i rxr-i'ft o/ erua, commu tion for a Conditional Use Permit siti,aoal— bous*nq with 19 beds. y Development Coordinator 1. Draft Resolution Approving Conditional Use Permit 2. Conditional Use Permit Criteria 3. Resolutions 75 -678, 78 -370, 80 -5 4. Petitioner's Narrative 5. Location Map pc /cd /90107:dl) 0 APPROVING CONDITIONAL USE PERMIT FOR UNION CITY MISSION (90107) WHEREAS, Union City Mission has requested approval for a Conditional Use Permit to use the "Smith Lodge" for a 19 -bed transitional housing facility located at the southwest corner of West Medicine Lake Road and 36th 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 for a Conditional Use Permit to use the "Smith Lodge" for a 19 -bed transitional housing facility located at the southwest corner of West Medicine Lake Road and 36th Avenue 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 permit is issued to Union City Mission for the improvements to Smith Lodge. 3. The site shall be maintained in a sanitary manner. 4. All waste and waste containers shall be stored within approved designated areas. 5. No signage is allowed relative to the use. 6. The permit shall be reviewed annually to assure compliance with the conditions. 7. All parking shall be off - street in designated areas which comply with the Zoning Ordinance. 8. The Master Plan of the campus of the Union City Mission shall be amended to change the use of the Smith Lodge from a woodworking shop and storage building to a 19 -bed transitional housing facility. Fes! S MM N 9, WMIMICK A i C) (o 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 Cagnvhensive 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 imprwarment 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. foxm:o >pl /cup.stnd /s) 10/89 E - CITY OF PLYMOUTH 0 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 1st day of December , 19 75. The following members were present: Spaeth The following members fiere absent: Councilman Seibold t Councilman Neils introduced the follo -ling Resolution and moved is adoption: RESOLUTION #75 -678 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN FOR PIONEER HOUSE: CHEMICAL DEPENDENCY TREATMENT FACILITY FOR UNION CITY MISSION (A -643) WHEREAS, Union City Mission has requested a conditional use permit and site plan approval for "Pioneer House" a chemical dependency treatment facility; and, WHEREAS, the City Planning Cormission has reviewed said requests and recommends their approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY LOUNCIL OF THE CITY OF PLYMOUTH, MINr,ESOTA that it should and hereby does approve the requests of Union City Mission for a conditional use permit and site plan for Pioneer House ", a chemical dependency treatment facility, subject to the following conditions: 1) Fire lanes and fire hydrants as per Fire Chief recommendations, i.e. a fire land around the building's perimeter and hydrants every 300 feet along a looped line as per the Fire Chief's recommendations. 2) Additionai road ROW along 36th Avenue North and Zacha y Lane. This would amount to 7 feet of additional ROW along 36th Avenue North to provide a total roadway ROW width of 80 feet for this street. Additional ROW along Zachary Lane would amount to 17 feet for the first 500 feet south of 36th Avenue North and 7 feet of ROW for the remainder. 3) One identification (or name plate) sign to comply with City Ordinance as per setbacks (20 feet from property line) and not to exceed 32 square feet in area. 4) A 30 foot wide trail easement along the west side of Zachary Lane to extend from Medicine Lake to 36th Avenue North. This trail easement would link up with the Mission Trails plat to the north. 5) Ponding and drainage easements as per the City Engineer. P 11 0 Resolution No. 75 -678 Pace 2 F: The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Spaeth , and upon vote being taken thereon, the fo owing voted in favor thereof- Mayor Hilde, Councilmen Hunt, Neils and Spaeth The following voted aga nst or abstained: one _ hereupon the Resolutioa was declared duly passed and adopted. i ii YifieYlifll ly .1[ilMiJ4 7i L _ I rr CITY OF PLYMOUTH Pursuant to due call and notice thereef, a '__MUUJdr meeting of the City Council of the City of Plymouth, Minnesota was e d on the day of Ji 1 in 19_Zg,. The following members were present: Mayer hunt, ounci lme-;. ers Hoyt, Neils and Spaeth The fo 11 owi ne rriert%ers were absent: Counci 1 nprr r SPihol d introduced the following Resolution and moved its adopts or : RESOLUTION #78- 370 APPROVING CONDITIONAL USE PERMIT FOR UNION CITY MISSION FOR DETOXIFICATION CENTER A -643) WHEREAS, the Union City Mission has requested a conditional use permit to operate a 14 -bed detoxification center from the existing building at 34C1 East Medicine Lake Boulevard, per Section 7, Subdivision 3, paragraph 17 of the Zoning Ordinance; and, WHEREAS, the Planning Commission has held a public hearing on said request and recommended approval ; NOW, THEREFOkt, BE IT HEREBY PESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, approve the request of th,, Union City Mission for a conditional use permit to operate a 14 -bed detoxification center from the existing building at 3401 East Medicine Lake Boulevard, per Section 7, Subdivision 3, paragraph 17 of the Zoning Ordinance. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmem er Neil, and upon vote being taken thereon, the following voted n avor thereo : Mayor Hunt, Councilmembers Hoyt, Neils and Spaeth TWefoTlow ng vtcTaga nst or a sta ne3; one Whereupon the Resolution was declared duly passed an a opted, CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of he city Council of the City of Plymouth, W- nnesota was held on the ARA 7th day of January , 19 80. The following members were present: Mayor Hunt Councilmembers Davenport. Hot Neils and Schneider WO . The follow ng mem ers were absent: None t« Councilmember Davenport introduced the following Resoiution and move ts adoption RESOLUTION NO. 80- 5 APPROVING CONDITIONAL USE PERMIT FOR UNION CITY MISSION FOR A SHFLTER FOR VICTIMS OF FAMILY VIOLENCE LOCATED AT THE SOUTHWEST CORNER OF 36TH AVENUE NORTH AND ZACHARY LANE (A -643) WHEREAS, Union City Mission has requested a conditional use permit for a shelter for victims of family violence to be located in an existing building at the south central portion of the site between the chapel and Medicine Lake on the Union CifJ "fission property; and, WHEREAS, the Planning Commission has reviewed said request and recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Ply- mouth, Minnesota, that it should and hereby does approve the request of Union, City Mission for a conditional use permit for a shelter for victims of family violence located at the southwest corner of 36th Avenue North and Zachary ah Lane subject to the following conditions: WV 1. Compliance with all appi.cable codes, regulations, and ordinances and violation thereof may be grounds for revocation. 2. Review and approval of existing utility provisions or new utility extensions by the Engineering and Inspection Departments. 3. Submittal of detailed parking provisions for this facility with the remodeling plans submitted to the Building Off4cial for necessary remodeling permits. 4. Should calls for the Plymouth Police exceed 24 calls per year, the conditional use permit shall be reviewed, as to need for and provisions for private security service. 5. There will be an annual renewal or review of any change of use, which- ever occurs first. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Neils . and upon vote teing taken thereon, the f'ollowing voted in favor thereof: - -Mayor Hunt, Councilmembers Davenport, _ Hoyt, Neils and Schneider - • The following voted against or abstaine one • Whereupon the Resolution was declared duly passed an3 a op e . YOUNG & WILZ ARCHITECTS, Ltd. 119 4th Street North /Suite 409 Minneapolis, MN/55401 ovemoer y, iyyU Ir. Charles E. Dilierud Community Development coordinator City of Plymouth 34UU Plymouth Boulevard Plymouth, `linnesota 5544-1 Re: union City- 1'fission Request for Conditional Use Permit near :`Ir. Dillerud, 1 MNM 00 CITY OF PLYMOUTH COMMMW DEVELOPMENT DEPT, e respectfully request City approval of a conditional use permit an-ienur. ent for Union City :Mission for the proposed Smith Lodge kenavaticn project. This involves amending the 1988 Naster Plan f'or, the campus relative to the use of Smith Lodge. Lnion C its- '•fission is currently- proposing renovations to the existli:g 5a;ith Lodge facility to meet code, mechanical, elec'_rical and ref'uruishing requirements for use of this structure as housing' for the homeless. This proposed program is kart of current and ongoing service activities on the campus, and would nov involve any e:pa.ision or additions to the existing structure. The present building has a woodworl ing shop at the lower level, aria storag(2 uses above. Smith Lodge was originaliti7 uses. as sir.le- occupancy- Housing. The work as designed does not add adaltionai rooms or common areas, and simply brings the structure i. to code compliance for life safety and utilities, as well as icing new finishes for general resident comfort. vo auclitional traffic load would be generated to the site as a result cf tliis' renovation, and no additional pari ing would be neeaea to support the residential use. As regards the standards for review: i. Tire proposed Conditional Use is in compliance with the k- amprehensive Plan. The granting of a Conaitional Use permit will allow Union city- fission to continue current programs which benefit the com;:ut:it and will not pose any hazard or negative impact to tie g enei-al wel fare . 3. Tne c-ranting of a Conditional Use permit will not change present use of the campus, and v ili not create any charge to current iieietioorhood values or uses. 1 T 1c:' estab11snmen1L Ut tills perliiit will not 1.111pede- aIl- 1 ropoSeci or iutui'e de-elopment or' impro ements to adjacent Cij pertic s. i ii._ proposed use wi ii not acid to current vehicular trot tic ietels, and e %lstilig access, drivewa,,s and parkin - are suriicient to meet all campus needs. 6. This Conditional Use Permit will conform in ail respects to ap},licable cocies and regulations of the district in t:hici -i it is Located. i he pr O PGSeC1 11Tiprovement.s are consistent lt}1 tilt both file requested amendment to the Master Flan and the prior actions of the !:eunc•ii in a} protal oz grant applications on October 15, rJJ• 'Itiis pru,ect wiil eiiabie `Lnlon City- i•Jission to continue on oing progl'an:s basic to its community service mission. Your conside. ation in this matter is appreciated, and it' Guj -ltl ,na! intornjatlon is required we will be pleased to submit t c:t 011l' cOT- ivenlence. pia i. AI'cn1 teCts, Lta. row ti/ I' :1 1 / t 5F1 DRAFT AMENDMENT NO. 1 HEARING DATE: November 28, 1990 DESCRIPTION: Amend Section 7 to reduce minimum side yard setback distance from 15 feet for single family dwellings and attached accessory structures. SECTIONS INVOLVED: Section 7, Subdivision D, 8 EXPLANATION /PURPOSE: The Board of Zoning Adjustments and Appeals has considered a number of requests for variances from the minimum side yard setback standard and over time has approved a number of the variance requests to allow the setback for single family dwellings or an attached accessory structure. The ordinance minimum standard is 15 feet in the FRD (Future Restricted Development) and R- 1A (Low Density Single Family Residence) Districts for one family dwellings, two family dwellings, and attached accessory uses which would include decks and garages. The City Council earlier this year considered an appeal from a Board ruling whereby a request for a variance was denied; the City Council denied the appeal. The City Council however on June 4, 1990 did direct that the Planning Commission to consider revision of the minimum 15 foot side yard setback in the R -1A District for dwellings and accessory structures. The purpose of the revision would be to reflect community standards which have been reflected in many of the Planned Unit Developments in the R -1A District and in a number of variance actions over time particularly in the case of additions. CONCLUSIONS /RECOMMENDATIONS: The reduction of the ordinance minimum standards from 15 feet to 10 feet in the R -1A District for both dwellings and attached accessory structures would not only reflect the community standard seen in many of the approved Planned Unit Developments but would also have the effect of reducing the number of variances sought increasingly by owners of existing homes who are involved with enhancements and rehabilitation of their properties. Page Two, Mimimum Side Yard Amendment of the Zoning Ordinance is recommended as follows: Amend Section 7, Subdivision D, 8a and 8f as follows: FRD R -1A R -16 R -2* R -3* R -4* 8. Minimum Side Yard in Feet ** a. Dwellings, one family 15 45 10 10 10 -- -- f. Attached accessory uses 15 4-5 10 10 10 20 20 Attachments: 1. June 4, 1990 City Council Minutes 2. Excerpt from Zoning Ordinance (Page 7 -10) pc /bt /zo.1) REGULAR COUNCIL WMTING JUNE 4, 1990 PAIGE 189 Motion carried on a roll call vote, five ayes. 14 PROCLAMATION Mayor Bergman declared June 14 as Fla ay. Flag Day Item 5 -A CONSENT AGENDA Items 8 -B, 8 -D, and 8 -H were moved from the Consent Agenda. MOTION was made by uncilmember Zitur, Consent Agenda seconded by Councilme r Ricker, to adopt Item 6 the Consent Agenda as ended. Motion carried on a roll call vote, five ayes. MINUTES MOTION was made by Councilmember Zitur, Minutes seconded Councilmember Ricker, to approve Item 7 A,B the Boar of Review minutes of May 8 and 22, 1990, d the council minutes of May 21, 1990. Mo on carried on PETITIONS, REQUESTS AND COMMUNICATIONS Community Development Director Tremere presented an appeal of the Board of Zoning Adjustments and Appeals' Ruling regarding a variance for Gregory Bohnert at 845 Ranchview Lane (05- 01 -90). Mr. Bohnert has requested a 3.9 foot variance to allow an 11.1 foot side yard setback to an attached garage. The petitioner proposed that the basis for the variance was precedent already established because two other properties in the neighborhood had received similar side yard setback variances for attached garages in 1984 and 1987. The Board of Zoning's discussions centered on the pattern that has been established and the sense of an obligation to approve, primarily on the basis of precedent and not on particular findings of hardship or uniqueness. Appeal of BOZA Ruling for Gregory Bohnert 05- 01 -90) Item 8 -A REGULRR COUNCIL MEETING JUNE 4, 1990 PAGE 190 Director Tremere stated that courts have held in zoning matters that repeated variances from the same standard in an ordinance can be viewed as an effective alteration of the standard unless each variance can be found to have a basis of uniqueness, demonstrated hardship, and compliance with other variance standards. The issue before the Council is a policy question of whether the ordinance should be amended if a variance is deemed appropriate in this case on the basis that it is the latest of several involving the same standard under similar circumstances. Director Tremere said an amendment of the Zoning Ordinance to allow, for example, a 10 foot side yard between the side lot line and an attached garage in R -lA Zoning Districts would reduce the number of variance requests. The Council could consider whether some dimension less than the presently required 15 feet can be adopted to reflect current community standards for single family dwelling attached garages. Jay Naftzger, Board of Zoning Chairperson, stated he supports the staff appeal of the Board's decision. However, he is concerned that the council would only consider amending the side yard setback requirement for attached garages. He stated attached garages should not be singled out for special treatment and urged the Council to consider a consistent setback for all structures in the R -lA District. Councilmember Vasiliou asked if the number of these types of variance requests are increasing. She stated that as the City develops, more residents are improving their properties and this issue will become even more important. Chairperson Naftzger responded that the Board of Zoning is receiving an increased number of this type of variance request. In addition, requests are increasing for variances for decks. He stated it is increasingly difficult to consider variance requests that appear reasonable, but do not meet the variance criteria. The standards should be evaluated. y_ REGULAR COUNCIL MERTING JUNE 4, 1990 PAGE 191 Councilmember Zitur suggested that a meeting be held with the Council and the Board of Zoning to discuss this and other issues. Greg Bohnert, 845 Ranchview Lane, stated if the variance is granted he will have 11.1' side yard setback. He noted that similar variance requests have been granted in his neighborhood on Lots 37 and 38. Mr. Bohnert explained his request is to add a third stall to his garage. His vehicle has been vandalized outside and he wants to protect his property, family members, and quality of the neighborhood. Mr. Bohnert stated he understands the need to retain a 10 foot setback for public safety reasons. Mr. Bohnert stated he does not view his request as a precedent, but as a comparison with other similar requests that have been granted. He stated, however, that precedent certainly has been set in granting prior requests. Mr. Bohnert said his garage addition could not be done without the variance due to architectural and aesthetic reasons. Councilmember Ricker stated it is his intent to uphold the Board of Zoning's decision of variance approval, with direction that this issue be referred to the Planning Commission and that they consider a 10' sideyard setback for single family zoning districts. He also suggested the Planning Commission consider all structures attached to a home; not only garages. The Mayor asked whether Mr. Bohnert had considered a new garage door configuration which might allow for a reduced width and thus no variance. Mr. Bohnert explained his vehicle parking needs. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90 -334 DENYING APPEAL OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULE REGARDING PROPERTY AT 845 RANCHVIEW LANE (05- 01-90) . Motion carried on a roll call vote, five ayes. RESOLUTION 90 -334 DENYING APPEAL OF BOZA RULING REGARDING PROPERTY AT 845 RANCHVIEW LANE 05- 01 -90) Item 8 -A 0- - 3> REGULAR COUNCIL MEETING JUNE 4, 1990 PAGE 192 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to direct the Planning Commission to consider revision of the Zoning Ordinance minimum 15' side yard setback in the R -lA District, for dwellings and accessory structures. Motion carried on a roll call vote, five ayes. Counci r It 11r, me tram proposed in the Concept Plan for the Mitchell- Pearson Property" would connect with Greenwood School. Director Tremere stated the trail w ld connect with Greenwood School. Councilmember Zitur asked if assi ent of density bonus points would be reso d by the Planning Commission. Director Tremere stated four ints would be assigned due to the size of a development. An additional point will decided at the preliminary plat stage. the developer is unable to convince the lanning Commission that an additional bon point is warranted, ten dwelling units w' need to be eliminated from the developmen The development would then consist of 6 dwelling units, rather than the 256 now roposed. Councilmembe asiliou shared the concerns expressed b Planning Commissioners Plufka and Stulb4'g of allowing the petitioner to go below th `10 percent open space requirement. She sta ,y6d that other designs to minimize open ace have not worked, and she will be look- 2- critically at how the open space is aigning at the Preliminary Plat stage. Delay in bonus points could mislead the oper and residents nearby as to size of the development. DRAFT AMENDMENT NO. 2 HEARING DATE: November 28, 1990 DESCRIPTION: Amend the Planned Unit Development section of installation of approved area identification for a project with the initial phase or plat SECTIONS INVOLVED: Section 9, Subdivision B. EXPLANATION /PURPOSE: the ordinance to provide for signs and perimeter landscaping of the project. Direction has come from the City Council to consider as an ordinance requirement the construction and installation of approved area identification monument) signage and perimeter (transitional) landscape with the initial plat or phase of a development. This applies primarily to Planned Unit Developments although over time there are some instances of conventional plats involving transitional site improvements and /or requested monument signs. The item proposed here relates only to the Zoning Ordinance; comparable language would be developed for the Subdivision Code so that the requirement would be applicable to all subdivisions and reflected in the Development Contracts. The proposal from the Council is responsive to numerous complaints and problems from new development residents who find that area identification signs and transitional landscape are left until the last phases of the development and in some instances are not completed at all. The proposed requirement would apply only to those improvements that are approved by the City. CONCLUSIONS /RECOMMENDATIONS: The PUD ordinance requirement calls for signage and transitional landscape plans to be included with the final plan (area identification /monument signage is not mandated by the ordinance but often is proposed by developers); thus it is appropriate to include in the Zoning Ordinance a requirement that the approved items are completed with the initial phase of a development. The recommendation therefore is to amend Section 9, Subdivision B, by adding the following: All area identification /monument signs and all perimeter and transitional landscaping improvements approved by the City Council shall be completed in conjunction with the public improvement for the initial phase or plat. It is also recommended that comparable language be incorporated with the Subdivision Code so that the requirement can be incorporated with Development Contracts for all subdivisions. Attachments: 1. August 20, 1990 City Council Minutes pc /bt /zo.2) Regular Council Meeting August 20, 1990 Page 335 Councilmember Zitur announced that his term on CCR Reports the C.A.S.H. Board is nearing the end. Item 9 -B Assistant Manager Boyles presented various sample City Letterhead formats for the City letterhead. This is in Item 9 -C response to Council direction in order to ensure a modern city image. Councilmember Vasiliou stated she will provide staff with several possible layouts, as an alternative to hiring a graphic artist to design layouts. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to concur that Councilmember Vasiliou will meet with staff to discuss the layout options for the City letterhead and report back to the Council. Motion carried, five ayes. Staff was directed to schedule meetings as Joint and Study recommended for joint and study session City Session Council Council meetings. Manager Willis stated staff Meetings will attempt to reschedule individual meetings Item 9 -D where conflicts exist. Councilmember Vasiliou asked staff to propose an ordinance for Council consideration relative to completion of entrance monuments and perimeter landscaping with the initial plat improvements. Councilmember Vasiliou questioned whether a one year guarantee is sufficient for landscaping. Sometimes landscaping lives through the first year, but dies in the second or third year. Manager Willis stated a concern becomes who will maintain the plantings after the first year. Councilmember Vasiliou stated it may be best to consider landscaping on a case by case basis. The Council briefly discussed the undesirability of certain swales in the City, particularly with fast moving water or large amounts of water. Director Moore stated he will advise the Council of proposed swales on future preliminary plats. W Plymouth City Code 500.35 Subd. 3. Subdivider May Perform Work; Election. The owner or subdivider may elect to construct the improvements required by this Subsection at his own expense and without City participation in the expense thereof. In such event, the owner or subdivider may retain an engineer and contractor to plan, design and install such services, subject to review and inspection by the City Engineer. The estimated cost of the improvements, including the administrative charges of the City Engineer for supervision and inspection, shall be included in the owner or subdivider's contract with the City, pursuant to Subsection 500.35, and the appropriate security in the form of cash or bond shall be deposited with the City as required by that Subsection. 500.35. Subdivision Contract. In order to effectuate the provisions of 500.25 to 500.31, the owner or subdivider shall enter into a subdivision contract with the City providing for the installation of the improvements required by those Subsections. The subdivision contract shall provide for, among other things, security to the City in the form of a surety bond, or cash in lieu thereof, in such amount as the City Engineer shall deem to be adequate to insure the atisfactory completion of the improvements. The subdivision contract shall be satisfactory in form and substance to the Cit Attorney. 100.37. Division or Consolidation of Platted Lots. Subdivision 1. General u e. The division and consolidation are part of a recorded plat d tracts which are part of a recorded Registered Land Survey is subject to t / provisions of this Subsection. Subd. 2. Filing; Survey. The owner of lots, or tracts, to be so divided or consolidated shall file an application for such division or consolidation with the Building Inspector together with a proposed survey plat or registered land survey of the lots or tracts to be divided or consolidated, showing the dimensions of the lots or tracts as measured upon the recorded plat or survey, and the proposed division or consolidation thereof. A written description of the separately described lots or tracts resulting from the proposed division or consolidation shall be filed with such plat or survey. The plat or survey shall also show the location of all buildings then existing and all proposed structures to be built upon the lots or tracts to be divided or consolidated. Subd. 3. Inspection; Fee. Upon receipt by the Building Inspector of the application required by Subdivision 2, and upon the payment by the applicant of the fee set by Chapter X, the Building Inspector shall make a physical inspec- tion of the lot or lots proposed to be divided or consolidated. Subd. 4. Council Action. Following the inspection of the lot or lots to be divided or consolidated, the Building Inspector shall cause the application to be placed upon the agenda of the City Council for the next regular meeting of the Council following such inspection. The Building Inspector shall transmit to the City Council the application and all materials related thereto with his recommendation with respect to the application. Subd. 5. Building Permits. No building permit shall be issued for the construction of a structure on lots or tracts divided or consolidated contrary to the provisions of this Subsection. 5F3 DRAFT AMENDMENT N0. 3 HEARING DATE: November 28, 1990 DESCRIPTION: Amend ordinance to increase the minimum parking requirement for multiple family dwellings. SECTIONS INVOLVED: Section 10, Subdivision B. EXPLANATION /PURPOSE: The City Council directed on August 20, 1990 that consideration be given to an amendment that would require two spaces per dwelling unit for multiple dwelling units rather than the current 1.5 spaces per unit. The direction came following City Council review of complaints from a particular apartment project that insufficient parking was provided for residents and their guests. That particular situation apparently has been resolved through management techniques and apparently involved, to some degree, a matter of convenience to available parking rather than no parking at all. Nevertheless the issue of available parking for residents has come up on previous occasions and is often attributed to the decision by the owner to rent the garage spaces which are required by the Zoning Ordinance to the extent that one of the 1.5 spaces must be a garage space. Tenants will opt to not rent a space and park outdoors thereby using the surface parking at a higher rate than intended while the garage spaces either remain vacant or are used by other tenants who are willing to pay the rent. The purpose of the proposed amendment problem through the minimum standard standard should be considered. CONCLUSIONS /RECOMMENDATIONS: is to address the parking adequacy and more than just the minimum numerical The City Council direction specifically is to consider raising the minimum standard from 1.5 spaces per unit (one space being a garage space) to two spaces per unit (the net gain likely being an additional half space per unit of surface parking). The narrative requirement in the ordinance for garage spaces should also be modified to direct that at least one garage stall be available at all times to each unit and that if additional compensation is required that should be part of the rent for that unit and not deemed to be an option. It also seems appropriate to consider having a minimum parking requirement for common facilities that can be used for assembly and special events that attract nonresidents to a project for parties and receptions. The current ordinance does not make specific provision for "guest parking" or for separate facility parking. Page Two Draft Zoning Ordinance No. 3 The recommended amendments therefore are as follows: 1. Amend Section 10, Subdivision B, Table 2, Item 1c as follows: Use or Use Category Number Unit Total Garage c. Dwellings, Multi- family R -2, R -3 and R -4 District except senior citizen and congregate housing). 2.Amend the same item by adding: Use or Use Category c. Dwellings, Multi- family R -2, R -3 and R -4 District except senior citizen and congregate housing). 4-.-5 2.0 1.0 Dwelling unit Number Unit Total Garage 1.5 1 1.0 Dwelling unit 300 square foot floor area for buildings or areas of bbui din _s specifically designed for recreation and assembl functions such as receptions and parties for guests and visitors. Page Three Draft Zoning Ordinance No. 3 3.Amend Section 10, Subdivision B, 5i by adding: i. Garages - Multi- Family Residential: Required garage parking for structures containing three or more dwelling units shall be provided underground, under principal structures or in a similar manner to avoid excess site coverage. The space required for each dwelling unit shall be available for use by that unit at all times and shall not be deemed an option or alternative to the required surface parking. Attachments: 1. August 20, 1990 City Council Minutes 2. Excerpt from Zoning Ordinance (Pages 10 -31 and 10 -33) pc /bt /zo.3) Regular Council Meeting August 20, 1990 Page 321 MOTION was made by Councilmember Vasilio seconded by Mayor Bergman, to direct City Attorney to schedule a meeting with a builders, developer, and staff to discuss ential solutions to the drainage conc s at Kings North. Motion carried, five ay MOTION was made by, uncilmember Zitur, seconded Ryan Land Use by Councilmember lliwell, to table the request Guide Plan of Ryan Const ion Company for Land Use Guide Amendment Plan Amendee , Rezoning, Amended MPUD Prelimina Plan /Plat, MPUD Final Plan /Plat, and Conditi 1 Use Permit for a Class 2 Restaurant at W rford Plaza (90052), to September 10. Director Tremere stated the City has received a petition from members of the Plymouth Creek Townhouse Association regarding a perceived parking problem at Vicksburg Village. The project slightly exceeds the required parking ordinance standard of 1.5 spaces per dwelling unit. There was recent construction activity on the east side of the apartment complex near the creek which involved elimination of a temporary storm water holding facility since storm sewer had been constructed. That activity was rumored to be construction of additional parking. No application has been submitted for an Amended PUD Site Plan, which would be required for additional parking facilities, and staff has not suggested that additional parking be installed. Director Tremere stated the developer, Welsh Company, is aware of the parking concerns and is considering a variety of options. Area residents have suggested that parking be allowed on Rockford Road and /or Vicksburg Lane to accommodate overflow parking. This is not feasible for safety reasons. The Public Safety Department is monitoring the obstruction of fire lanes. They indicate it is not a significant problem at this time. Regular Council Meeting August 20, 1990 Page 322 Patricia Zaloznek, 15655 40th Avenue North, stated the Vicksburg Village parking area has not been completed as originally intended. She stated the impact of the development has been significant on the value of their homes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Ricker, to direct staff to draft a Zoning Ordinance amendment for consideration by the Planning Commission and City Council which would require 2.0 spaces per dwelling unit for multiple family units. Motion carried, five ayes. Councilmember Vasiliou asked what options Welsh Company is considering for resolving the problem. Paul Anderson, Welsh Company, stated there is an occasional problem with adequate parking and they are investigating the reasons for it. He stated they are considering prohibiting on -site storage of recreational vehicles, and are considering construction of additional remote parking within the complex. He stated 87% of the units are currently rented. Linda Dye, Vicksburg Village Property Agent, stated that recreational vehicles will be prohibited from on -site storage as of September 1. She said the only significant parking problem occurs on weekend evenings due to the young community and guests. They are also implementing a parking registration system. Councilmember Vasiliou recited her experiences earlier when she called the complex rental office and was told there were no problems and she could park vehicles other than cars. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to request Welsh Company to provide the City with a written action plan by October 1 on the resolution of the parking problem. Motion carried, five ayes. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B TABLE 2 SCHEDULE OF REQUIRED OFF - STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category Number Unit 1.Residential Total Garage a. Dwelling All new dwelling units Single family 1.0 Two-family 2.0 b. Townhouses c. Dwellings, Multi- family R -2, R -3 and R -4 District except senior citizen and congregate housing). d. Senior Citizen housing and con regate housing (see Para - 5 h} q e. Boarding and lodging houses 2.Education Cultural and Institutional a. Places of Worship and other places of assembly (Amended Ord. 89 -02) b. Jr. High, Elementary and Nursery schools c. Convalescence or nursing homes d. Hospitals e. Senior High Schools 2.0 1.0 Dwelling 1.5 1.0 Dwelling unit Amended Ord. No. 83 -12) 1.0 Dwelling.unit Amended Ord. No. 83 -12) 1.0 1.0 2.0 1.0 1.0 1.0 1.0 f. Municipal Administration Buildings, 1.0 Community Center, public libraries, art galleries, museums, post offices, etc. g. Golf course, tennis, swimming, or 20.0 sports and fitness club, etc. +4.0 Amended Ord. No. 85 -18) 10 -33 4 beds 4 seats, main seating area Classroom 4 beds 2 beds, each employee on major shift 5 students at design capacity 300 sq. ft. floor area principal building 200 sq. ft floor area PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B Authorized sites for transient merchant, transient produce merchant sales, and any person that sells products of the garden or farm on the property on which the products are grown and cultivated, shall provide off - street parking areas of sufficient size to provide parking for patrons, customers, and employees. All parking and circulation shall be on the site, and in no case shall encroach upon the public right -of -way or adjacent properties. (Amended Ord. 86 -07) Garages - Multi- Family Residential: Required garage parking for structures containing three or more dwelling units shall be provided underground, under principal structures or in a similar manner to avoid excess site coverage. j. Required Loading Areas: Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirements of each use. k. Single Family Residential Setbacks Waived Setback distance requirements for parking areas and driveways for single family detached dwellings are waived between the street right -of -way line and the actual front building line in the following cases: odd shaped lots and lots on cul -de -sac streets; driveway turn around areas; and shared driveways where both property owners are responsible for maintenance. Such waiver shall not result in undue encroachment upon another owner's rightful use and enjoyment of his property. 1. Required Vehicle Stacking Area for Drive -in Facilities Business establishments containing drive -in or drive -up facilities, including but not limited to Class II restaurants, banks, other financial institutions, and the like shall provide stacking area for vehicles on the site as follows: in the case of a single drive -up /drive -in facility, a minimum of ten vehicle spaces shall be provided;_in the case of more than one drive -up /drive -in facility, a minimum of six vehicle spaces per lane shall be provided. All such spaces shall be entirely on the site and shall be in addition to parking spaces required for the principal use by Table 2 in this subdivision. The vehicle stacking area shall not extend beyond the street right -of -way line and shall be delineated in such a manner that vehicles waiting in line will not interfere with nor obstruct the primary driving and parking facilities on the site. 10 -31 DRAFT AMENDMENT NO. 4 HEARING DATE: November 28, 1990 DESCRIPTION: Amend ordinance to modify or eliminate requirements for efficient and fair enforcement of temporary real estate signs. SECTIONS INVOLVED: Section 10, Subdivision A. EXPLANATION /PURPOSE: The amendments have been drafted in response to City Council direction on February 5, 1990. The City Council had earlier directed staff to prepare a report regarding the enforcement of Zoning Ordinance sign regulations relative to temporary real estate signs. The City Council perceived that enforcement efforts responsive to ordinance standards were either not effectively achieving the condition suggested by the standard and /or were not being uniformly applied based upon complaints from some sign users /owners who felt they were being singled out whereas other users /owners were not being required to conform with ordinance standards. The City Council concluded, among other things, that it was not clear the current ordinance language reflects current community standards and that it would be worthwhile to consider amending those standards including repeal, to see if the problem existed that required extensive City administrative and legal efforts for enforcement. The focus at this time is on temporary signs, particularly temporary real estate signs. The City Attorney advised us earlier this year that the last legislature passed a law regarding certain political campaign signs. The State Law provides that during a "State general election year" campaign signs of any size may be posted from August 1 until 10 days following the State general election. The City ordinance does not distinguish between the various election years, does have a maximum size (32 square feet) and does specify that campaign signs should be removed not more than five days after an election (there is potentially conflicting language in the ordinance that also states that signs should be removed when the intended purpose has been fulfilled). The City Attorney has advised that a proper way to reflect the State Law would be to provide for an exemption in the ordinance for State general election years and to change the language to require removal within 10 days rather than five days. The matter of a beginning date could be potentially legally problematical since a number of years ago courts were generally advised that sign ordinances Allow, , 4 Page Two Draft Amendment No. 4 could not mandate when one could put up a sign with a political statement and thus Plymouth amended its ordinance to not have a specific starting date . The State Law cited here does not mandate a start date but rather indicates that August 1 would override any other date the ordinance might have. CONCLUSIONS /RECOMMENDATIONS: The staff finds that current ordinance requirements regarding temporary real estate signs in all districts may very well not reflect current community standards and that there are several amendments that can be made for clarification and change that address the specific problems which seem to be aggravated by ongoing enforcement actions. Limited staff resources can be better directed to other community service activity, i.e., administering and enforcing those aspects of the City policies and regulations that do reflect community standards. The sign ordinance standards can also be adjusted to respond to the State Law which appears to have been hastily drawn and is not totally clear in its own right as to its applicability; the subject of political campaign (versus statements ") signs however is worthy of review because there is some conflicting language in the ordinance regarding when such signs should be removed. The following amendments are recommended; it should be noted that with regard to temporary signs, the same provisions are found in all of the nonresidential zoning districts. Thus, except as noted in the case of the residential districts, the change would apply throughout. The same consideration applies to political campaign signs where the same language is found throughout the ordinance in all of the districts. 1. Amend Section 10, Subdivision A, 2d. as follows: 1)One Temporary Real Esta „ Sign announcing the development and availability of lots and /or buildings, and /or one temporary eenstruet sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. 2)One Temporary Real Estate Signs related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shad -1 provided that multiple family dwellings may have one wall sign with a surface area not to exceed 5 Page Three Draft Amendment No. 4 percent of the area of the wall to which it is attached and shall be removed when the intended purpose has been fulfilled. The owner or' manager of the signs and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such freestanding signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. 2. Amend Section 10, Subdivision A, 3c, 4c, 5d, and 6d as follows: 1)One Temperary Real Estate Sign . g the develepfflent and One temporary construction sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Sueh The sign shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Sueh The sign shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. 2)One Temporary Real Estate Sign announcing the development, the availability of lots and /or buildings, the sale, rent, or lease of land, related to the sale, rent, or lease of land, pareels and lets, of primary buildings, and of areas within primary buildings shall beless than 8 sq. . have +n a surface area, not exceeding 96 square feet shall be located on the subject property, and shall be remove when the intended purpose has been fulfilled. If the sin is freestanding, it shall be setback at least 20 feet from front property line and shall not be located in any required side yard. The owner or manager of th sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. e 3. Amend Section 10, Subdivision A, 2d, 3c, 4c, 5d, and 6d as follows: 4)Temporary Signs for political campaigns shall be a maximum 32 sq. ft. in surface area, except that maximum size shall be waived in State general election years, and shall be removed not more than 10 days after an election when the intended purpese has been fulfilled. i Page Four Draft Amendment No. 4 The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the property location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Attachments: 1. February 8, 1990 City Council Minutes 2. February 2, 1990 Staff Memorandum 3. Correspondence from City Attorney 4. Excerpt from Zoning Ordinance (Pages 10 -1 -- 10 -22) Underscore - indicates new text u - indicates deleted text pcc /bt /zo.4) Regular Council Meeting February 8, 1990 Page 51 MOTION was made by Councilmember Ricker, seco d by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-IjilA PPROVING THE RESERVATION OF FUNDS WITHIN THE WATER FUND WATER TOWER REFURBISHING AND REPAINTING. Motion carried on a Roll Call Z yes. MOTION was made by Couicker, seconded by Councilmember Vasiliou, to N NO. 90 -118 APPROVING THE RESERVATION OF FUNDS THIN THE WATER FUND FOR THE PUBLIC WORKS FACILITIES EXPAN N. Motion carried o Roll Call vote, five ayes. MOTION w made by Councilmember Ricker, seconded by Council er Vasiliou, to adopt RESOLUTION NO. 90 -119 APPROVING THE RVATION OF FUNDS WITHIN THE SEWER FUND FOR THE PUBLIC WO FACILITIES EXPANSION. a Roll Call vote, five ayes. The Council reviewed a report on temporary real estate signs and enforcement of Zoning Ordinance violations. Councilmember Vasiliou agreed with the report that enforcement is a problem. Councilmember Ricker stated this is an enforcement area that could get very expensive. He stated that people expect to see some real estate signs and it has not posed a big problem or generated a great number of complaints to date. Councilmember Zitur stated he does not wish to spend a great deal of money on enforcement because it is not a major problem. Community Director Tremere explained that a lot of staff time is spent enforcing the sign regulations in the Zoning Ordinance. He stated there may be a perception that some violations are more rigorously enforced because the City only has authority to Immediately remove signs in the public right -of -way. Other enforcement means must be used for signs on private property. Director Tremere noted that a sign plan amendment request from Prime Development was previously scheduled for the February 26 Council agenda; however, the request may be withdrawn. He will report on the status of this request. RESOLUTION NO. 90 -117 APPROVING RESERVATION OF FUNDS FOR WATER TOWER REFURBISHING Item 10 -B RESOLUTION NO. 90 -118 APPROVING RESERVATION OF FUNDS FOR PUBLIC WORKS BLDG. EXPANSION Item 10 -B RESOLUTION NO. 90 -119 APPROVING RESERVATION OF FUNDS FOR PUBLIC WORKS BLDG. EXPANSION Report on Temporary and Real Estate Signs Item 10 -D Regular Council Meeting February 8, 1990 Page 52 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to direct staff to identify portions of the Zoning Ordinance that should be modified or eliminated for efficient and fair enforcement of temporary real estate and similar signs, and draft necessary amendments for consideration and hearing by the Planning Commission. Motion carried. five The Council reviewed a report regarding site improvement Report on Redu on of performance agreement provisions relative to City Council Financial G antees reduction of financial guarantees and to occupancy of new for Site rovements buildings which involve site improvements including Item 10 landscaping. Director Tremere stated that the City Attorney has stated that the Council has discretion relative to reduction of financial guarantees; however, if the traditional practice of reducin financial guarantees based upon site inspections and itemizat of work done and remaining is to change, the City Council s ld formally establish a policy. Councilmember Vasiliou stated concern that dscaping Improvements not be delayed until all other imp ements are complete, and noted instances where landscapin as still not complete after several years of occupancy. incentive is needed in many cases. Manager Willis stated that landscapi should be completed within the construction season in most aces. Director Tremere stated that sta can be more aggressive in tracking the completion dat for landscaping and other improvements. Also, develope can submit separate guarantees for improvements. Councilmember Vasilioesidentialtated this is particularly important where a site abuts a neighborhood. MOTION was mad by Councilmember Vasiliou, seconded by Councilmember cker, to accept the staff report and direct staff to aggr sively enforce landscaping completion dates. Motion ca0fied, five ayes. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 90 -120 Coun lmember Vasiliou, to adopt RESOLUTION NO. 90 -120 PLANNING COMMISSION APP INTMENTS TO PLANNING COMMISSION, reappointing Michael APPOINTMENTS ulberg and Dennis Zylla to two year terms. Item 10 -G Motion carried on a Roll Call vote, five ayes. Rio - D MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 2, 1990 For City Council Meeting of February 5, 1990 TO: James G. Willis, City Manager FROM: Community Development Director Blair Tremere SUBJECT: TEMPORARY REAL ESTATE SIGNS AND ENFORCEMENT OF ZONING ORDINANCE VIOLATIONS ACTION REQUESTED: The City Council should review this information as requested and offer policy guidance and /or direction for possible ordinance amendments. BACKGROUND: The City Council last year directed a report regarding the enforcement of Zoning Ordinance sign regulations relative to temporary real estate signs. A proliferation of one type of sign has been evident to some Councilmembers and some Councilmembers have also heard from realtors who apparently perceive that the regulations are not enforced uniformly for all realtors who use these signs. The City Council directed that the report cover the possible adoption of penalties which could be invoked, say by a fine, in addition to any fine that might be assessed as part of the standard violation adjudication process. The Council finally asked that the report discuss current enforcement measures and staff recommendation regarding that subject. The Plymouth Zoning Ordinance sign regulation provides for temporary real estate signs, some not requiring a permit, as indicated in the extracts from the Ordinance which are contained in Attachment A. PRIMARY ISSUES AND ANALYSIS: 1. The situations as observed by staff members include a variety of real estate signs. The current problems seem to be focused on the smaller signs used by realtors and, increasingly, by apartment project leasing agents. These signs fall within the classification of "temporary real estate signs" that do not require a permit. There has been an apparent proliferation of these signs particularly off the site of the properties which are the subject of the signs and, according to our observations, the proliferation is often sporadic in that there are more instances of these signs on weekends than during the week. Persons responsible for some of the signs apparently remove them before Monday. Many of the signs are placed in the public right -of -way and are not on private property; the public right -of -way is often used even when it is adjacent to the subject site. Signs placed in the public right -of -way near corners often are found to obstruct the vision at the intersection. The Zoning Ordinance prohibits the erection or placement of signs that would interfere with proper functioning of a traffic sign or with reasonable visibility of the street intersection. Also, the Ordinance does not permit signs within the public right -of -way or within dedicated public easements unless allowed by conditional use permit from the City Council for a period of 90 days or less. 2. Enforcement measures have ranged from contact with property owners and those firms which are advertised by the sign to actual removal of signs by City employees. Notices from the Inspection Department often get positive results from larger firms or enterprises but do not seem to diminish the activities of individual realtors or others who use small real estate signs for single family homes and individual properties. The cost of administration and of litigation both of terms of money and time are significant and, unless the City seeks direct injunctive relief versus a fine), the actual problem in the field may not be resolved. City employees, particularly Planning and Inspection personnel and Police personnel have over the years picked up smaller signs that are placed in the public right -of -way, particularly at intersections where there is obvious obstruction to traffic visibility. These signs usually are thrown away. 3. A related matter is that the Ordinance does allow certain temporary signage with a permit for certain development activities that, on their face, do not appear to be different than the real estate activities that stimulate the proliferation of signs that do not require a permit. Developers often are issued permits for signs for sites off the development property. There are also developers who erect such signs without benefit of permit and who also have the standard real estate sign which is usually used by leasing or sales personnel. 4. City personnel, to my knowledge, do not remove any signs from private property. Illegal signs are noted and the property owners and /or sponsors of the signs are notified. Until the person responsible for the illegal sign removes the sign or until the City has completed the 2 litigation process, the illegal sign may very well remain. Compliance is not necessarily spontaneous or prompt. We often get comments from persons who have received a notice of an illegal sign who feel that we are "picking on them" because they are not aware of enforcement efforts regarding other persons who have signs that are seen around the community. It appears to some persons that it is acceptable to have illegal signs and that enforcement is not uniform or effective. That perception is valid to a degree in that Sign Ordinance enforcement, particularly for the smaller more prolific signs, is not a high priority enforcement activity especially during the construction season in this community. The enforcement activities in this regard usually are stimulated by complaints and are not initiated by City personnel. Removal of signs from the right -of -way by City personnel is a reaction to the unsafe obstruction by the signs of traffic visibility and is also based on the premise that the public right -of -way is the domain property) of the public. There is no question who "owns" the property and that the owner has not given permission for the sign. 5. The City Attorney and I have discussed the possibility suggested by a former Councilmember, of an extraordinary fine, in addition to any fine that might be levied as a result of litigation of a violation. It does not seem feasible within State Law to do that, although there may be some basis for a special assessment, like weed cutting or removal of intersection sight obstructions. The amount involved would be related to the cost of correcting the problem, after due notice, and would not be a "penalty" which was designed to punish or inhibit further violations. 6. The Plymouth regulations are not unique and in some respects are more liberal that those in other suburban communities. Some communities require permits for all signs including real estate signs (although the effectiveness of that requirement is questionable, in my view). I have contacted some cities with regard to the use of City personnel (Public Works, Public Safety, and others) to regularly patrol the community to remove all signs from the public right -of -way. The practice is informal and similar to ours in those cities. Some ignore the problems. 7. There is a risk factor involved in City personnel removing signs from the right -of -way due to passing traffic and due to the sometimes rough terrain. Proper safety equipment and procedures are important if City personnel are to be involved in an active way with removal of signs from the right -of -way. I have directed Community Development personnel to refrain from the practice. RECOMMENDATIONS AND CONCLUSIONS: I conclude that the enforcement activities based on current Ordinance requirements have been effective when tied to a complaint /response system. It is also evident that, as the community grows however, not all realtors and developers are aware of the sign requirements and thus the signs often appear without benefit of any knowledge as to whether they are permitted or not. Thus, there is a proliferation of certain signs and there is a perception that enforcement activities are not effective or from the view of some individuals, not uniform, when they are "caught" and yet they see illegal signs. There is a bonafide question of policy as to whether the City should be concerned at all about these signs - at least those that are not in the public right -of -way and which do not create traffic obstruction. The Ordinance contains a number of "General Regulations" (Attachment B) adopted over the years to address various "problems ". Some of these are perhaps not relevant today. The City cannot ignore the risk factor in that if such signs are allowed in the right -of -way, and if an accident results and can be attributed to the sign, the City could be liable. Analysis by the City Attorney and the City's Risk Coordinator would be in order relative to that subject. Community Development Department personnel will not physically remove signs from the right -of -way or from private property. By the same token, however, we are continuing our enforcement efforts by notification of owners and /or sponsors. This has been fairly effective. The City Council should deliberate the degree to which City resources are to be devoted to this particular aspect of a developing community. It is largely an aesthetic question and one which is best served by a policy and Ordinance requirements that reflect current community attitudes. The current Ordinance was written many years ago when, perhaps, different priorities were given to the needs of developers and real estate personnel. It was also written at a time when there were fewer residents and much less land committed to development. Two key policy questions are: 1. What level of regulatory control should the City exercise over temporary real estate (and other temporary) signs? 2. What level of resources - personnel, equipment, time and risk liability) - is the City willing to commit to a regulatory policy that sets a standard that commands performance /enforcement? This would be an appropriate discussion topic for a joint Council and Planning Commission meeting. NOTE: The City Council on November 20, 1989 tabled an item until the February 26, 1990 meeting that involved a Zoning Ordinance amendment proposed by Prime Development. They sought sign regulation modifications that would allow broader coverage, i.e., more, of area identification signs in certain areas. The Council then anticipated a joint meeting with the Planning Commission in January (at least on that issue). I recommend that the Council consider extending the February 26 reconsideration to an unspecified date following review of that (and, presumably, other) sign regulation issues by the Commission and Council. Community Development staff members have identified measures we can take to hopefully mitigate some of the problems. One approach is to publish information sheets expressly for realtors and others who are most involved; 4 this would focus on the signage 1-hey most often use and would summarize - succinctly - the applicable regulations. The realtors, as an industry, seem to be sensitive to signage issues (see article attached); however, individual realtors (and others) do not reflect that. We hopefully contact enough of them to make a difference. Attachments: 1. Attachment A - Ordinance extract 2. Attachment B - Ordinance extract 3. City Council Minutes of October 16, 1989 4. City Council Minutes of November 20, 1989 5. Article from Minneapolis REALTOR /2, November, 1989 pl /bt /jw12 -6:jw) 5 Regular Council Meeting October 16, 1989 Page 303 Councilmember Sisk stated that an increasing number of signs for rental and condominium property are being erected. They are not promptly removed and are not temporary in nature. He suggested that a penalty or fine be considered to dissuade owners from erecting these signs. MOTION was made by Councilmember Zitur that City crews be directed to remove signs and other objects in the right -of -way on a weekly basis. Motion died for lack of a second. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to direct staff to report on the current policy for handling these types of signs and whether a penalty could be Imposed. This report would include information from the City Attorney on what legally could be imposed. Motion carried, Sisk, Ricker, Schneider ayes; Zitur and Vasiliou nays. Co ilmember Vasiliou asked why a temporary conditional use perms as granted to allow church services in Plymouth Creek Elementa School as it is a violation of the zoning ordinance. There is als no anticipated date for compliance. Manager Willis s ed the decision was discretionery and he was informed a condit al use permit application was submitted. Councilmember Vasiliou sta tenants at County Road 9 and Annapolis Lane have reported treme difficulty getting onto C.R. 9, and there is a shrub which bstructs visibility. Staff was directed to investigate the reported sight obstruction. Attorney Thomson reported that a temporary restra ing order to prevent construction of Schmidt Lake Road was den d by the judge. The meeting was adjourned at 1:10 a.m. i y Clerk Regular Council Meeting November 20, 1989 Page 334 Director Tremere stated the Planning Commission felt that the developer could address adequate signage through a master sign plan. Also, they questioned the need for identification signage since each industrial development within the site will be signed. Councilmember Sisk stated everything should be done to allow the Council to consider the total sign package as part of the overall development plan. Mayor Schneider noted this development is conventional platting; not a Planned Unit Development, where signing would be addressed as part of the initial approval. Councilmember Vasiliou stated the entire sign issue is an unclear, complex issue and should be studied. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to table the sign request of Prime West Business Park (89080). MOTION to amend the main motion was made by Mayor Schneider, seconded by Councilmember Sisk, that the entire sign issue be considered at a study session in January, 1990 and the Prime West proposal be considered by the Council no later than January 22. MOTION to amend the amendment was made by Councilmember Zitur, seconded by Councilmember Ricker, that the Prime West proposal be considered by the Council no later than February 26. Motion to amend the amendment carried, four ayes, Schneider nay. Motion to amend, as once amended, carried; five ayes. Main motion, as once amended, carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89 -746 SETTING COND MET PRIOR TO FILING OF AND RELATE PLAT FOR SUNSET VALLEY HOMES SECOND 92) . carried on a Roll Call vote, five ayes. R€S9t 7TUN NO. 89 -746 SETTING CONDITIONS TO BE MET PRIOR TO FILING 89092) Item *8 -D Regular Council Meeting November 20, 1989 Page 333 MOTION as made by Councilmember Zitur, seconded by Councilmem Sisk, to adopt RESOLUTION NO. 89 -743 IMPOSING PENALTY FOR L OR LAW VIOLATION AGAINST PLYMOUTH LIQUOR INC. MOTION to amend was ade by Councilmember Ricker, seconded by Councilmember Zitur, to mend Condition No. 2 of the resolution to specify the penalty be osited in City of Plymouth Account No. 205 - 000 - 503.00- 093 -000 be used for drug education purposes. Motion to amend carried, five ayes. Main motion as once amended carried on a Ro Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Cou 'lmember Zitur, to adopt RESOLUTION NO. 89 -744 APPROVING A COND ONAL USE PERMIT FOR PRESBYTERIAN NEW CHURCH DEVELOPMENT TO ALLOW NOR A PLACE OF WORSHIP IN THE R -2 DISTRICT (89093). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 89 -745 APPROVING AMENDED SITE PLAN /CONDITIONAL USE PERMIT AND ZONING ORDINANCE VARIANCE FOR INDEPENDENT SCHOOL DISTRICT 4284 (WAYZATA) (89094). Motion carried on a Roll Call vote, five ayes. Todd Mohagen, 224 Benton Avenue, Wayzata, presented the request of Prime Development Corporation for amendments to the Sign Ordinance to allow additional project identification signs in the business zones. Mr. Mohagen proposed aggregate project signage of 64 square feet and an additional project sign of 120 square feet for developments that are directly adjacent to a major thoroughfare. Director Tremere stated the Planning Commission endorsed his proposal for project signage of 64 square feet. The proposed ordinance was amended to reflect the increase from 32 to 64 feet for project signage in each of the business zones. However, the Planning Commission did not endorse an additional project Identification sign. Mr. Mohagen stated that in his particular development, a project Identification sign is needed on Highway 55 and I -494 due to the fast moving traffic. RESOLUTION NO. 89 -743 IMPOSING PENALTY AGAINST PLYMOUTH LIQUOR FOR LIQUOR LAW VIOLATION Item 7 -C RESOLUTION NO. 89 -744 APPROVING CONDITIONAL USE PERMIT FOR PRESBYTERIAN CHURCH 89093) Abs *8 -A RESOLUTIM NO. 89 -745 PLAN /CONDITION USE PERMIT AND VARIAN FOR I.S.D. 284 (8909 Item *8 -B Prime West Business Park, Request for Project Identification Signage (89080) Item 8 -C Membership Dues Must Be Paid By December 1 Members are reminded that dues must be received at the Association office no later than December 1 in order to retain current membership in the Association. A statement for 1990 dues was mailed to each member on September 29. That is the only statement that individual members will receive. Payments received between December 2 and 18 must include a $25 late charge. After December 18 there is a $75 reinstatement charge ($50 of which is required by the Minnesota Association of REALTORS). The membership roster that will ap- pear in the 1990 Yearbook is schedul- ed to be run from the computer as soon after the December 1 dues pay- ment deadline as possible. Only members whose dues are paid for 1990 will appear in the Yearbook roster. Any questions concerning dues or membership should be directed to the Association's membership depart- ment at 933 -9020. Use: Of `Signs Is A Privilege Not A Right The use of signs in the sale of real estate has proven over many years to be an effective way to inform the public that a property is available for purchase. According to the National Associa- tion of REALTORS®, 17 percent of the homebuyers recently surveyed found the house they purchased because they saw a sign. While it has been shown that using signs can help market real estate, there is rising concern that efforts could develop that if successful would prohibit the use of signs. This concern could become a reality unless members of the real estate industry begin to police themselves by using good judgment in how they use and where they place signs. The ability to use signs in connection with marketing real estate is a privilege that needs to be carefully used and not thought of as an indiscriminate right that allows their placement at will. The overuse and misuse of signs and arrows off -site from the listed property is what usually brings about Third Quarter Residential Regional MLS Statistics Sales data reported January through September by Participants of the residential Regional Multiple Listing Service reflected a 1.9 percent drop in unit sales, 0.7 percent decrease in dollar volume and 3.5 percent drop in listings processed in 1989 as compared to the same period in 1988. 1989 Officers of the Association: Daniel C. Fazendin, President James R. Nunn, President -Elect John Gilchrist, Jr., Secretary Sherman Malkerson, Treasurer Lee F. Doucette, Exec. Vice President MINNEAPOLIS REALTOR ISSN 07453906) November, 1989, Vol. 73, No. 11 Published monthly by the Minneapolis Area Association of REALTORS, 5750 Lincoln Drive, Minneapolis, MN 55436. Telephones: Association, 933 -9020 MIS, 933 -9010 Credit Union, 933 -9000 Subscription rate to members, $6 a year paid with does. Others, $10 a year. Second Class postage paid at Minneapolis, MN POSTMASTER: Send address change to: MINNEAPOLIS REALTOR, 5750 Lincoln Drive, Minneapolis, MN 55436 November '89 /Minneapolis REALTOR /2 complaints from police departments, municipal officials, the public and a growing number of concerned REALTORS. . The placement of signs and arrows is regulated by ordinance in all municipalities in the metropolitan area. No sign or arrow is to be placed on public property such as a boulevard or corner intersection or on private property unless the owner has given consent. In addition to these general requirements, several municipalities have other restrictions on the use of signs such' as a max- imum size or a requirement that all signs be removed from the property within a certain number of days after the sale. Members are responsible for know- ing about and complying with or- dinances pertaining to the correct use of signs and arrows within the municipalities they are conducting business. Thoughtless actions such as placing arrows on public boulevards near intersections are not only against the law but they show the public a form of sight pollution that has a negative effect on many people. In- stead of being good public relations, the misuse of signs and arrows can give the public a negative non - caring attitude that reflects on the industry and the firm, opposite of what was in- tended. While it is bad enough to have ar- rows and open house signs off -site during an open house period, some members aren't satisfied with that and they leave the signs and arrows anywhere they think they can get at- tention for months at a time. Also, it has been noted that two, three or more real estate firms will place their Signs Continued on Page 10) The term REALTOR@ and REALTORS@ are registered col - REALTOR' lect'Ve membership marks that identify, and may be used only by real estate professionals who are members of the National Association of REALTORS@ and subscribe to its strict Code of Ethics. The Minneapolis Area Association of REALTORS* is pledged to the ewe „a, letter and spirit of U.S. policy for owosTuNm the achievement of equal housing opportunity. Unit Sales Dollar Volume Listings Processed 1988 1989 1988 1989 1988 1989 Jan. 1,779 1,890 174,640,911 171,769,256 5,817 6,290 Feb. 2,909 2,603 264,095,642 251,487,975 7,940 6,339 Mar. 2,465 2,745 236,497,281 267,197,638 6,941 6,506 Apr. 3,744 3,590 346,840,909 336,125,956 8,956 8,881 May 4,508 3,012 414,069,697 292,189,517 9,176 6,846 June 2,953 3,177 272,117,137 311,125,821 6,935 7,139 July 3,435 3,765 325,417,380 370,802,940 7,732 8,139 Aug. 2,870 3,051 273,159,088 290,404,886 6,149 6,859 Sept. 2,402 2,728 225,191,891 259,896,117 5,762 6,151 Total 27,065 26,561 2,532,029,936 2,551,000,106 65,408 63,149 1989 Officers of the Association: Daniel C. Fazendin, President James R. Nunn, President -Elect John Gilchrist, Jr., Secretary Sherman Malkerson, Treasurer Lee F. Doucette, Exec. Vice President MINNEAPOLIS REALTOR ISSN 07453906) November, 1989, Vol. 73, No. 11 Published monthly by the Minneapolis Area Association of REALTORS, 5750 Lincoln Drive, Minneapolis, MN 55436. Telephones: Association, 933 -9020 MIS, 933 -9010 Credit Union, 933 -9000 Subscription rate to members, $6 a year paid with does. Others, $10 a year. Second Class postage paid at Minneapolis, MN POSTMASTER: Send address change to: MINNEAPOLIS REALTOR, 5750 Lincoln Drive, Minneapolis, MN 55436 November '89 /Minneapolis REALTOR /2 complaints from police departments, municipal officials, the public and a growing number of concerned REALTORS. . The placement of signs and arrows is regulated by ordinance in all municipalities in the metropolitan area. No sign or arrow is to be placed on public property such as a boulevard or corner intersection or on private property unless the owner has given consent. In addition to these general requirements, several municipalities have other restrictions on the use of signs such' as a max- imum size or a requirement that all signs be removed from the property within a certain number of days after the sale. Members are responsible for know- ing about and complying with or- dinances pertaining to the correct use of signs and arrows within the municipalities they are conducting business. Thoughtless actions such as placing arrows on public boulevards near intersections are not only against the law but they show the public a form of sight pollution that has a negative effect on many people. In- stead of being good public relations, the misuse of signs and arrows can give the public a negative non - caring attitude that reflects on the industry and the firm, opposite of what was in- tended. While it is bad enough to have ar- rows and open house signs off -site during an open house period, some members aren't satisfied with that and they leave the signs and arrows anywhere they think they can get at- tention for months at a time. Also, it has been noted that two, three or more real estate firms will place their Signs Continued on Page 10) The term REALTOR@ and REALTORS@ are registered col - REALTOR' lect'Ve membership marks that identify, and may be used only by real estate professionals who are members of the National Association of REALTORS@ and subscribe to its strict Code of Ethics. The Minneapolis Area Association of REALTORS* is pledged to the ewe „a, letter and spirit of U.S. policy for owosTuNm the achievement of equal housing opportunity. A popular and successful "Serving the Senior Housing Markel" program was held on October 45. The program was jointly developed by the Minneapolis Area Association of REALTORS and the Metropolitan Senior Federal. Joanne MacDonald, who instructed the program, is shown above. MCDA Offers Buyers Below Market Interest Rates The Minneapolis Community Development Agency (MCDA) an- nounced that it is offering below - market interest rate FHA and VA loans to first -time homebuyers and target -area buyers at an annual in- terest rate of 8.8 percent based on a 30 -year term. People with an annual gross in- come of no more than $33,850 are eligible to apply for the mortgages for homes located within the city limits of Minneapolis or St. Paul. They are available for purchases not exceeding 110,430 for existing single family homes; $124,344 for duplexes; 150,516 for triplexes and $175,031 for fourplexes. Although these are the maximum sale price limits, past programs' sale prices have averaged approximately $65,000. Two special assistant loans also are available to those borrowers who have at least one dependent child and qualify for the basic loan. The first is a no- interest Closing Cost Loan which defers closing costs until the house is sold, transferred or when the mortgage is paid off. The second is the Equity Participation Loan which covers up to 20 percent of the pur- chase price with a $15,000 maximum, providing people with more funds for their down payment so they can meet FHA and VA qualifications. Owners repay these loans with a percentage of any increased value of the home when the house is sold, payments are transferred or the mortgage is paid off. Minneapolis residents can also get low - interest loans to help finance ma- jor home improvements and repairs through the Minneapolis Community Development Agency's (MCDA) new Home Ownership and Renovation Program. Close to 150 loans are available at an annual percentage rate APR) of 8.7 percent under a 30 -year assumable mortgage. People interested in any of these loans can call the MCDA's Mortgage Finance Department at 612) 348 -7119. 1' Listing Strategies Course Scheduled This Month RS 201, Listing Strategies For The Residential Specialist, will be offered in Minneapolis November 15 -16 at the Sheraton Park Place, 5555 Wayzata Boulevard. This Residential Sales Council course counts toward the prestigious Certified Residential Specialist, CRS, designation. Key benefits of the course include learning proven listing methods from top producers around the country, setting and reaching listing objectives using statistical data in your marketplace, how the work with "For Sale By Owners," how to service and market your listings and much more. Tuition is $205 for members of the REALTORS° National Marketing Institute and $255 for non - members. Contact the Minnesota Association of REALTORS°, 935 -8313, for registration information. November '89 /Minneapolis REALTOR /10 National Offers Brand New Professionalism Brochure Home is more than where the heart is. It's the center of your com- munity, a place to raise a family, a place to call your own. That's why so many prospective homeowners choose to contact a REALTOR) for help in finding the right home. This is the message of a new brochure, "Supporting the Heart of Your Community: Your Home," recently developed by the National Association of REALTORS° . The publication urges homebuyers and sellers to consult with a REALTOR° and make use of time proven profes- sional resources for home buyers and sellers. The brochure is available from the NAR products and services division 1- 800 - 874 -6500) at a cost of $5 per 25. Signs Continued from Page 2) arrows on the same intersection dur- ing the same period of time. This is a matter that clearly requires management and agents working together to correct. Management must inform their agents that or- dinances prohibit the use of arrows and signs on public property even during a two to three hour open house period. Agents must obey the or- dinances and place signs judiciously and only with the consent of the private property owner where a sign or arrow is sought to be placed. The Minneapolis Area Association of REALTORS° has no policy which restricts members from using signs, so long as members practices are not violative of any law or regulation. a f/1:.lEM4yI V 1'm anxious to find out what he thinks of my application for employment." JAMES J. THOMSON Attorney at Law Direct Dial (612) 337 -9209 May 18, 1990 Mr. Blair Tremere City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 612) 337 -9300 M MRPWRM MAY 21 1990 COMMUNITY DEVELOPMENT DEPT. Re: Recent Legislation Regarding Non - Commercial Signs Dear Blair: Enclosed is a copy of the recent legislation preempting local regulation on the size of non - commercial signs posted from August 1 in a state general election year until ten days following the state general election. You should probably prepare an amendment to the City's zoning ordinance reflecting this law. I would be happy to help you draft one if you desire. Sincerely, ame J. Thomson JJT /amm Enclosure PL100 -32CD t. tti T11n: )44111MV. 195th.Day I the voter resides. Any hallot received A. plectitm antis4t be counted. u4 1988. section 204C~.10, is amended to UEGUM ItATION; COW' ,1PON OF YRIFICATION OF RFGlb- MNT1ON.1 idual seeking to vote shall print the ese4 on a eeriiget" si a Pilling pll face individual is at leaAt 18 year'sni age, a s, has resided in Minnesota for 20 days election, certifies residence at the ad- uardianship of the person, has not. been legally incompetent to vote or convicted ivil rights restored, in registerted and has ct.ion. rqe indi- vaelvI0l 0ball Ow" sig* t>:ite es 'P*r0 t, ke *et07jt mr, a +t a- ppeiwts ee tote dt4it re m ress v iLA " 1s he "Bireas on t4e••dtPlic&c le 6ierii ,}kick 4!4 6iiit iC'ei 'Mtlk r'H T•' judge 4"1 in4tin; the ee te and m the b&& of the dur&ai* fetkywh,00n the 9hti'sl bt- l3ttttded is tale ;+OtC:; e sly cadge ia: e#is c a€ l?ai}et:+ as prosy a€ the does acs 0"1-t to Vou"t in ee43nbies t akkr. the eleesien **t4ot I--- oeeoet n I Ue* of 4he ees ea4e mt% *eel W *Kwi- 4 ei%m the 4opkea* registrag" 41}e +r: the lieeew i wt:t iw tiit: 1a 1es of bile vow0 by quhdi+a4en -I; A judge may, before ae ieese l•eviswe"n fi4e roster. Pegmea34 fame, address. and "y ewd ni+a4i date of signs the iK-g4ist-re0on file roster, the U--aRt: t voter's receipt. The voter xTiaMdelivcr the le in charge of ballots as proof of the voter's ipon the judge shall hand to the voter the loxtray the voters' receipU at the end of the stut.es 1988, 4ection 2040.12, subdivision 4, 7'0 ANSWER QUESTIONS OR SiGN A P01,LING ]'LACE ROSTER.I A Challenged nanswer quesrnta or sign a vote r ct -P40— 96th Dike I TtMMAv, Alrlul. 24, 1990 14509 V]liaa_q ylnce mater as w_-r1'ired by thht at-ction "14 must not beaffaedtovote. X14. A e .rillr.naeod a, place and returns lautr willir {t to sign a ~.r orsrEki'mile oltoll Alin lucK roT_r must not be alloyed to vote. tp n +4 wa•t.4we%4 *oe ." VeRif:t rabiwi bTi —wewie ei' 3j1djvidHa4 04&4 wet 6 em -eyed •r algid 1-1 1 er 4JW eleeWfln reg4OW4, tier. 29. MinnesoUi Statutes 14.488, season 204C.27, is amended to read: 2040.27 (DELIVERY OF RETURNS TO COUNTY AIJAiTORtS.1 One or more of the election judges in each precinct shall deliver two sets of summary statements; ail untsAOti end spoiled white, pink, canary, and gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either. directly to the municipal clerk for transmittal to the county auditors office or directly to the county auditor's office as noun ax possible after the vote counting iscompletedbutnolaterthan24hoursafter -the end of the hours for voting. One or more election judges shall deliver the remaining set of summary statcment_s and returns, all unused and spoiled munic. ipal and sclanai district ballots., the envelopes containing municipal and school district ballots, and all other things furnished by themunicipalorschooldistrictclerk. to the municipal or school district clerk's office within 24 hours afteer the end of the hours for voting. The munica1i or school district clerk shall return all polling place rosters an comle e- voter re istraiion carte tersec; my au iorwitin4bdoors a3 f` Qr the end of a -- o votine. Soc. 30. 12:1$.0451 TNONCOMMERCIAL SIGNS'EXF.MPTION.1 In ash municipality with an ordinance that regulates the size of nonce ali o s nss n otwitd'isiandil' mv:stnns; of Lhstordi. nancx a noncommercial st ns Lif any stye may tie ost•ott fromatliefant:stc; enera c1ccisonyear un4lTten aa s foIo to —t_Tien9,C teneral7c-ction. Sec. 31. Minnesota Statutes 1988, section 367.03, subdivision 1, is amended to read: Subdivision 1. 1O1: FILERS, TER111S.1 Except in towns operatingunderapt-ion A, there shall be elected in each town three supervisors as provided in this f4ection. Where a new town has beets or may beorganizedandsupervisorshavebeenormaybeelectedforsuchtown at a town meeting prior to the annual town election, such Nupervi- AM shall nerve only until the .next.annual triwn election at which election three supervisors shall be elected, one for three years, onefortwoyearn, and one for one year, so that the term of one. shall expire each yens The number of years for which each is elected she :11beindicatcd+on the ballot. V I'be.n -o su ervisors are to be elected forthreaterms: under o taon . a candidate s ski inc- 1'icYt- on Gir PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A SECTION 10 - GENERAL REGULATIONS SUBDIVISION A - SIGN REGULATIONS 1. purpose and Intent. The purpose of this Subdivision is to protect and promote the general welfare, health, safety, and order within the City of Plymouth through the standards, regulations, and procedures governing the erection, use, display, and maintenance of devices, signs, or symbols serving as visual communications media to the public which resides, works, and visits in the City. The provisions of this Subdivision are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for visual amenities by those who design, display, or otherwise utilize needed communicative media of the types regulated by this Ordinance; while, at the same time, assuring that the public is not endangered, annoyed, or unduly distracted by the unsafe, disorderly, indiscriminate, or unnecessary use of such communicative media and facilities. 2. Residence Districts. Signs are accessory to permitted and conditional uses in the Residence Districts; only the following signs are permitted in the FRD, R -1A, R -1B, R -2, R -3, and R -4 Districts, unless otherwise specifically provided in this Subdivision. a. Directional Signs. Directional Signs shall be permitted in any approved off - street parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. 1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall be not erected higher than 8 ft. above grade. 2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. 3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. 4) Directional Signs may be located on the private property next to the street right -of -way line, but shall be so located and designed so as to not obstruct traffic or vision of drivers and pedestrians. 5) One off -site directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial 10 -1 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Nameplate Signs. Nameplate Signs are intended for the display of the name and /or address of the primary use on the property where the sign is located. 1) A Nameplate Sign shall be permitted on each property containing a primary use, provided the surface area does not exceed 4 sq. ft., and provided that a freestanding sign is located at least 20 ft. from front property lines, but in no case is located in any side yard. 2) One freestanding Nameplate Sign shall be permitted for allowed institutional uses such as churches, schools, hospitals, clubs, libraries, municipal and other governmental buildings, and the like; provided that the maximum surface area shall be 32 sq. ft., and provided that the sign is located at least 20 ft. from front property lines, but in no case is located in any side yard. c. Area Identification Signs. Area Identification Signs are intended for the identification of residential neighborhoods, subdivisions, and multi - residential complexes; and, are also referred to as entrance monument signs. 1) Area Identification signage shall be permitted for each multi - residential project or residential subdivision; for purposes of this Section, residential subdivisions shall include platted phases of approved staged developments. 2) The Area Identification signage shall be located at the entrance to the project or subdivision. 3) A maximum of two Area Identification signs, not exceeding a total of 32 sq. ft. in surface area, may be permitted per each project or subdivision. The typical use of two such signs is to create a gateway effect at opposite corners of the entrance to the project or subdivision. An Area Identification Sign shall be located at least 20 ft. from the front property lines, but in no case shall it be located in any side yard. (Amended Ord. No. 85 -07) 4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility, for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the Sign Permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the Sign Permit. 10 -2 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A d. Temporary Signs. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to these activities which are of limited duration. 1) One Temporary Real Estate Sign announcing the development and availability of lots and /or buildings, and /or one temporary construction sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision 2) One Temporary Real Estate Sign related to the sale, rent, or lease, of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with th express consent of the property owner, and provided that they d not impede safety by obstructing vision of pedestrians or moto vehicle operators. 3) One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Off -site Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. 4) Temporary Signs for political campaigns shall be a maximum 32 sq. ft. in surface area, and shall be removed when the intended purpose has been fulfilled. Temporary political campaign signs shall be removed not more than five days after an election. 10 -3 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. 5) Temporary Signs for non - commercial announcements by civic gro s shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for city -wide and free community events. Temporary Signs for non - commercial announcements by civic groups shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Ord 86 -26) y Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Amended Ord. 86 -26) 6) One temporary sign for transient merchants and transient produce merchants in the FRD District only. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street right -of -way line and shall be erected only during the period of transient sales. (Amended Ord. 86 -01) 3. B -1 (Office- Limited Business) District. Signs are accessory to permitted and conditional uses in the B -1 District; only the following signs are permitted in this District, unless otherwise specifically provided in this Subdivision. a. Directional Signs. Directional Signs shall be permitted in any approved off - street parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. 1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft. above grade. 2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. 3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. 10 -4 s Q_ PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 4) Directional Signs may be located on the private property next to the street right -of -way line, but shall be so located and designed so as to not obstruct traffic or vision of drivers and pedestrians. 5) One off -site directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Business Signs. Business Signs are specifically intended for use by afowed commercial enterprises and are used to direct attention to the business, profession, commodity, or service which is found on the premises where the sign is located. c. 1) A freestanding Business Sign shall be permitted and shall be limited to a maximum surface area of 64 sq. ft., and maximum height of 16 ft. The sign shall be setback a minimum 20 ft. from property lines. 2) A flat. wall Business Sign shall be permitted and shall be limited to a maximum surface area of 50 sq. ft., or 5% of the area of the wall to which the sign is attached, whichever is greater; and, shall not extend more than 18 inches from the face of the building except that such signage may extend from the face of the roof over a covered wall, or from a marquee, providing the signage does not extend above the roofline of said building. (Ord. No. 87 -16) 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. Ord. 90 -27) Temporary Si ns. Temporary signs as provided herein are intended to announce and promote developments and events, and to direct persons to se activities which are of limited duration. One Temporary Real Estate Sign announcing the development and availability of lots and /or buildings, and /or one temporary construction sign identifying architects, engineers, contractor . or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 f above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from th 10 -5 2) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A date of original Building Permit issuance, or construction in the development is completed, first, unless otherwise specifically provided until 85% of the which ever occurs in this Subdivisio One Temporary Real Estate Sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. 3) One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Off -site Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. Temporary Signs for political campaigns shall be a maximum 32 ft. in surface area, and shall be removed when the intended purpose has been fulfilled. Temporary political campaign signs shall be removed not more than five days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. 5) Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than 10 -6 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Multi- tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89 -14) 6) Temporary Signs for non - commercial announcements by civic groups shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for city -wide and free community events. Temporary Signs for non - commercial announcements by civic groups shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, I and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Amended Ord. 86 -26) 7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street right -of -way line and shall be erected only during the period of transient sales. (Amended Ord. 86 -07) 4. B -2 (Shopping Center) District. Signs are accessory to permitted and conditional uses in the B -2 District; only the following signs are permitted in this district, unless otherwise specifically provided in this Subdivision. a. _Directional Signs. Directional Signs shall be permitted in any approved of street parking area, when deemed necessary for the orderly movement . of traffic, provided that such signs shall not be used as advertising F space. 10 -7 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft. above grade. 2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. 3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. 4) Directional Signs may be located on the private property next to the street right -of -way line, but shall be so located and designed so as to not obstruct traffic or vision of drivers and pedestrians. 5) One off -site directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Business Signs. Business Signs are specifically intended for use by aTlowed commercial enterprises and are used to direct attention to the business, profession, commodity, or service which is found on the premises where the sign is located. 1) Allowable uses and business establishments other than those in l shopping center complexes may have wall Business Signage limited to flat wall signs, not extending more than 18 inches from the face of the building except that such signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof line of said building. Such wall Business Signage shall not exceed 96 sq. ft. in surface area, or 20% of the area of wall to which the signage is attached, whichever is greater. 2) Allowable uses and business establishments other than those in shopping center complexes may have a free - standing business sign which shall not exceed 96 sq. ft. in surface area, and 36 ft. in height, and is setback a minimum 20 feet from the property lines. 3) Individual businesses and tenants in shopping center complexes may have wall Business Signs provided that they are designed and arranged in accordance with a comprehensive sign plan for the entire shopping center which has been prepared by, and submitted to the City by the owner, and which has been approved by the City; further, the aggregate area of such signs shall not exceed 5% of the area of the wall to which they are attached. All such signs shall be reviewed by the shopping center ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the proposed signage has been found to be consistent with the approved comprehensive sign plan. 10 -8 C. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 4) One free - standing Business Sign shall be permitted per each collector or arterial approach to a shopping center. Neighborhood shopping centers shall be permitted such signs each of which do not exceed 96 sq. ft. in surface area, or 36 ft. in height; community shopping centers shall be permitted such signs each of which do not exceed 120 sq. ft. in surface area or 36 ft. in height. Such signs shall in no case be setback less than 20 feet from the property lines. Temporary Si ns. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to those activities which are of limited duration. One Temporary Real Estate Sign announcing the development and availability of lots and /or buildings, and /or one temporary construction sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. One Temporary Real Estate Sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. 3) One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Off -site Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. 10 -9 0) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision -A Temporary Signs for political campaigns shall be a maximum 32 sq. Ft. in surface area, and shall be removed when the intended urpose has been fulfilled. Temporary political campaign signs shall be removed not more than Five days after an election. The owner or manager of the sign, the owner of the land, or the olitical candidate shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Multi- tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89 -14) 6) Temporary Signs for non - commercial announcements by civic groups shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for city -wide and free community events. Temporary Signs for non - commercial announcements by civic groups shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the 10 -10 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Amended Ord. 86 -26) 7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street right -of -way line and shall be erected only during the period of transient sales. (Amended Ord. 86 -07) 5. B -3 (Service Business) District. Signs are accessory to permitted and conditional uses inthe B -3 District; only the following signs are permitted in this District, unless otherwise specifically provided in this Subdivision. a. Directional Signs. Directional Signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. 1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft. above grade. 2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. 3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. 4) Directional Signs may be located on the private property next to the street right -of -way line, but shall be so located and designed so as to not to obstruct traffic or vision of drivers and pedestrians. 5) One off -site directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Business Signs. Business Signs are specifically intended for use by a F owed commercial enterprises and are used to direct attention to the business, profession, commodity, or service which is found on the premises where the sign is located. 1) Allowable uses and business establishments other than those in multi- tenant commercial buildings may have wall Business Signage limited to flat wall sign, not extending more than 18 inches from the face of the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof or parapet line of said building. Such wall Business Signage shall not 10 -11 C. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A exceed 20% of the area of the wall to which the signage is attached. 2) Allowable uses and business establishments other than those in multi- tenant commercial buildings may have a free - standing business sign which shall not exceed 96 sq. ft. in surface area, and 36 ft. in height, and is setback a minimum 20 feet from the property lines. 3) Individual business and tenants in multi- tenant commercial buildings may have wall Business Signs provided they are designed and arranged in accordance with a comprehensive sign plan for the entire multi- tenant commercial building which has been prepared by, and submitted to the City by the owner and which has been approved by the City; further, the aggregate area of such signs shall not exceed 5% of the area of the wall to which they are attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the proposed signage has been found to be consistent with the approved comprehensive sign plan. 4) One free - standing Business Sign shall be permitted provided the surface area of the sign does not exceed 96 sq. ft., does not exceed 36 ft. in height, and is set back in no case less than 20 ft. from the property lines. Advertising Signs. Advertising signs may be allowed by Conditional Use Permit in the B -3 District subject to the following standards and criteria: 1) The total surface area of any advertising sign shall not exceed 300 sq. ft. per face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highways may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cut -outs, or extensions of the featured message. 2) The maximum height of all advertising signs shall not exceed 36 ft. above the established grade of the site upon which the sign is located. 3) The minimum distance between advertising signs shall be based upon the posted speed limit of the public street or highway as follows: 1,500 ft. 55 mph; 1,400 ft. - 50 mph; 1,300 ft. - 45 mph; 1,100 ft. - 40 mph; and, 1,000 ft. - 35 mph or less. Distance restrictions between advertising signs apply only to those signs physically located on the same side of the street or highway, regardless of the direction of travel to which the display message is directed. Measurements to determine the location of one advertising sign in relation to another, will be made along the right -of -way line between the closest extremities of said signs, 10 -12 d. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A with the termini projected along lines perpendicular to the right -of -way of the street or highway. 4) No advertising sign or structure shall be located closer than 200 ft. from the boundary of any urban residential district, park, playground, school, or church on the same side of the street or intersection of streets; or 200 ft. from any structure located within single family residential district located on the same side of the street or intersection of streets. 5) The City Council, upon recommendation by the Planning Commission, may require the relocation or removal of advertising signs from sites where urban development is proposed, and when by virtue of site plan review and approval, it has been determined the advertising sign presents an obstruction and /or conflict with other signage as proposed on the site by the owner and /or developer. Likewise, the City Council may limit the amount of freestanding signage allowed on a site, which contains an existing advertising sign at the time of development. 6) The application for consideration of a Conditional Use Permit shall be in accordance with the standards and procedures in Section 9 of this Ordinance. 7) The application shall include, in addition to the required site plan, perspective drawings, or superimposed graphics on photographs of the proposed sign in relationship to the adjacent properties; an accurate map showing the location of all existing signs on the property; and current photographs of all existing signs on the subject property. 8) The City Council, upon recommendation by the Planning Commission, and in addition to the standards set forth in Section 9 of this Ordinance, shall make a finding that, by granting the Conditional Use Permit, such an advertising sign will not have a deleterious effect upon existing establishments on the subject property, or upon surrounding properties. Temporary Signs. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to activities which are of limited duration. One Temporary Real Estate Sign announcing the development and 14% availability of lots and /or buildings, and /or one temporary construction sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision 10 -13 3) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A One Temporary Real Estate Sign related to the sale, rent, or lehA of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shall be located on the subject property, and shall be .. removed when the intended purpose has been fulfilled. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign, Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Off -site Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. ` Temporary Signs for political campaigns shall be a maximum 32 sq: ft. in surface area, and shall be removed when the intended purpose has been fulfilled. Temporary political campaign signs shall be removed not more than five days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not obstruct vision c I pedestrians and motor vehicle operators I/ 5) Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable 10 -14 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A stand shall be removed from public view at the end of the period. Multi- tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89 -14) 6) Temporary Signs for non - commercial announcements by civic groups shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for city -wide and free community events. Temporary Signs for non - commercial announcements by civic groups shall be-removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. M 7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street right -of -way line and shall be erected only during the period of transient sales. (Amended Ord 86 -07 6. I -1 (Planned Industrial) District. Signs are accessory to permitted and conditional uses in the 1-1 District; only the following signs are permitted in this District unless otherwise specifically provided in this subdivision. a. Directional Signs. Directional Signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. 1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft. above grade. 10 -15 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. 3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. 4) Directional Signs may be located on the private property next to the street right -of -way line, but shall be so located and designed so as to not obstruct traffic or vision of drivers and pedestrians. 5) One off -site directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Business Signs. Business Signs are specifically intended for use by aTlowed commercial enterprises and are used to direct attention to the business, industry, or service which is found on the premises where the sign is located. 1) Allowable uses and industrial establishments other than those in multi- tenant buildings may have wall business signage limited to flat wall signs, not extending more than 18 inches from the face of the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee providing the signage does not extend above the roof line of said building. Such wall Business Signage shall not exceed 5% of the area of the wall to which the signage is attached, or 96 sq. ft., whichever is greater. 2) Allowable uses and industrial establishments other than those in multi- tenant buildings may have .a free - standing business sign which shall not exceed 96 sq. ft. in surface area, and 36 ft. in height, and is setback a minimum 20 feet from the property lines. 3) Individual business and tenants in multi- tenant industrial buildings may have wall Business Signs provided they are designed and arranged in accordance with a comprehensive sign plan for the entire multi- tenant industrial building which has been prepared by, and submitted to the City by the owner and which has been approved by the City; further, the aggregate area of such signs shall not exceed 5% of the area of the wall to which they are attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the proposed signage has been found to be consistent with the approved comprehensive sign plan 4) One free standing Business Sign shall be permitted provided for multi- tenant buildings the surface area of the sign does not 10 -16 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A exceed 96 sq. ft. , does not exceed 36 ft. in height, and is set back in no case less than 20 ft. from the property lines. The area may be increased to a maximum of 160 sq. ft. for industrial developments of over 20 acres. 5) Individual businesses and tenants in multi- tenant industrial buildings may have free standing business signs, provided they are designed and arranged in accordance with a comprehensive sign plan for the entire multi- tenant industrial building which has been prepared by and submitted to the City by the owner and which has been approved by the City; further, the aggregate area of such free standing signs shall not exceed 5% of the wall area of the wall adjacent to the signs, nor shall the free standing signs exceed 6 ft. in height. The free standing signs shall be in -lieu of any wall signage on the wall adjacent to the free standing signs. 6) All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the proposed signage has been found to be consistent with the approved comprehensive sign plan. Amended Ord. No. 86 -07) c. Advertising Signs. Advertising signs as provided herein are intended to direct attention to a business, commodity, service, activity, or entertainment which is not conducted, sold, or offered upon the premises which such sign is located. Advertising signs shall be permitted only within the Planned Industrial District under the following conditions: 1) The total surface area of any advertising sign shall not exceed 300 sq. ft. per face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highways may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cut -outs, or extensions of the featured message. 2) The maximum height of all advertising signs shall not exceed 36 ft. above the established grade of the site upon which the sign is located. 3) The minimum distance between advertising signs shall be based upon the posted speed limit of the public street or highway as follows: 1,500 ft. 55 mph; 1,400 ft. - 50 mph; 1,300 ft. - 45 mph; 1,100 ft. - 40 mph; and, 1,000 ft. - 35 mph or less. Distance restrictions between advertising signs apply only to those signs physically located on the same side of the street or highway, regardless of the direction of travel to which the display message is directed. Measurements to determine the location of one advertising sign in relation to another, will be made along the 10 -17 d. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A right -of -way line between the closest extremities of said signs, with the termini projected along lines perpendicular to the right -of -way of the street or highway. 4) No advertising sign or structure shall be located closer than 200 ft. from the boundary of any urban residential district, park, playground, school, or church on the same side of the street or intersection of streets; or 200 ft. from any structure located within single family residential district located on the same side of the street or intersection of streets. 5) Advertising signs may be located in required industrial yard setback areas if all requirements of Conditions 1, 2, 3, and 4 are satisfied. 6) The City Council, upon recommendation by the Planning Commission, may require the relocation or removal of advertising signs from sites where urban development is proposed, and when by virtue of site plan review and approval, it has been determined the advertising sign presents an obstruction and /or conflict with other signage as proposed on the site by the owner and /or developer. Likewise, the City Council may limit the amount of freestanding signage allowed on a site, which contains an existing advertising sign at the time of development. Temporary Si ns. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to activities which are of limited duration. X One Temporary Real Estate Sign announcing the development and availability of lots and /or buildings, and /or one temporary construction sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. Such signs shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed,-which ever occurs first, unless otherwise specifically provided in this Subdivisf One Temporary Real Estate Sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than 8 sq. ft. in surface area, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. J 10 -18 3) 5) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front., property lines. Off -site Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. Temporary Signs for political campaigns shall be a maximum 32 ft. in surface area, and shall be removed when the intended purpose has been fulfilled. Temporary political campaign signs shall be removed not more tl five days after an election. The owner or manager of the sign, the owner of the land, or th political candidate shall be equally responsible for the prope location, maintenance, and ultimate removal of the sign. Setb requirements may be waived for such signs, provided that they located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Temporary Signs for non - commercial announcements by civic groups shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for city -wide and free community events. Temporary Signs for non - commercial announcements by civic groups shall be'removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. Amended Ord. 86 -26) 10 -19 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 6) Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Multi- tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89 -14) 7. General Regulations and Restrictions. The following standards shall apply to all signs in all Districts as permitted by this Ordinance unless specifically set forth otherwise by this Subdivision. Determination as to the applicability of the standards to any given sign shall rest with the Zoning Official subject to the administrative appeal procedures set forth in this Ordinance. a. All signs hereafter erected or maintained, except for official traffic and public street signs, shall conform with the provisions of this Ordinance; with other applicable ordinances and regulations of the City; and, relative to all federal and state highways, with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended. b. All signs may be illuminated internally or by reflected light subject to the following: 1) The light source shall not be directly visible and shall be arranged'to reflect away from adjoining premises. 2) The illumination source shall not be placed so to cause confusion or hazard to traffic, or to conflict with traffic control signs or lights. 3) All illumination shall not exceed the recommended levels of exterior illumination as set forth in the most recent edition of the Lighting Handbook published by the Illuminating Engineering Society of North America. A copy of the current edition of that publication shall be on file at the office of the City Zoning Official. 10 -20 M PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 1. The owner, lessee, or manager of any sign, and the owner of the land upon which the sign is located, are responsible for keeping the grass and other vegetation cut and for keeping debris and rubbish cleaned up and removed from the property where the sign is located. Further, the same parties shall be responsible for assuring that every sign, including those which may be specifically exempt from this code relative to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. m. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the licensee, sign owner, or owner of the property upon which the sign stands, upon written notice of the City Zoning Official. n. All signs shall direct primary attention to the business, commodity, service, activity, or entertainment conducted, sold, or offered on the premises where the sign is located, except as otherwise specified and allowed. o. The construction of all signs permitted by this Ordinance shall be in accordance with the current edition of the Uniform Sin Code published by the International Conference of Building Officials, which is hereby adopted by reference as part of this Ordinance and a copy of which shall be maintained by the City Zoning Official; and with the State Building Code. p. No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this Ordinance or other law. q. No sign which revolves, rotates, or has any visible moving parts shall be permitted, except that signs alternately displaying time and temperature and barber poles may be allowed. r. No temporary or permanent sign shall be permitted in conjunction with any Home Occupation or Conditional Home Occupation. (Ord. 88 -31) 8. Non Conforming Sins. Non - conforming signs are those signs which lawfully existed upon the effective date of a previous Ordinance or this Ordinance, but which did not, or do not conform to the regulations as set forth in the previous Ordinance or this Ordinance, and which therefore have or shall become non - conforming signs. a. Non - conforming signs are to be discontinued within a reasonable period of amortization of the signs; signs which become non - conforming by reasons of subsequent changes in this Ordinance shall likewise be discontinued within a reasonable period of amortization of the sign. Effective dates of this and previous Ordinances are maintained by the City Clerk and shall be used in determining non - conformity and the period of amortization. The amortization period for signs shall be as follows: 10 -22 50004 ts;r DRAFT AMENDMENT NO. 5 HEARING DATE: November 28. 1990 DESCRIPTION: This amendment is intended to restructure the portion of the Planned Unit Development section of the Plymouth Zoning Ordinance that deals with the expected attributes of a Planned Unit Development proposal. SECTIONS INVOLVED: Section 9, Subdivision B. EXPLANATION /PURPOSE: Since its initial adoption in the mid- 1970's the Planned Unit Development section of the Zoning Ordinance has been periodically revisited and from time to time amended to reflect perceived benefits and problems that have resulted by the application of this sophisticated development regulation device. The City Council and the Planning Commission in recent months on several occasions expressed concern with the difficulty of determining whether a Planned Unit Development proposal provides the attributes expected of a PUD as they are now' defined in Paragraph 1 of Subdivision B, Section 9 of the Zoning Ordinance. These proposed amendments focus exclusively on Subparagraph c of this section of the Zoning Ordinance where five expected PUD attributes are provided. We have considered commentary of City Council and Planning Commission members concerning individual attributes, and by the amendments proposed incorporated what we believe to be the modifications necessary to address the current concerns that have been raised. The intended effect of these amendments is to modify or eliminate attributes currently in the ordinance which no longer enable the City to distinguish between PUD proposals and to clarify certain others of the attributes to enable the Planning Commission and City Council to determine with a greater degree of certainty whether the proposal qualifies as a Planned Unit Development within the definition of the Zoning Ordinance. An initial question concerning this section of the Zoning Ordinance is whether it is the intent of the City to disqualify a proposal from consideration as a Planned Unit Development if all of the stated attributes are not present in the project proposal. The findings required by Section 9, Subdivision B, Paragraph 5c, with respect to the PUD Concept Plan does not include reference to whether the proposal complies with the PUD attributes or not. Section 9, Subdivision D, Paragraph 5j, however, requires the Planning Commission to base its recommendation to the City Council on Preliminary Plans /Plats in part on "compatibility with the stated purposes and intent of the Planned Unit Development ". Since the attributes are an integral part of the Paragraph 1 of this subdivision entitled "purpose ", the compliance of the plan with the attributes listed has Via;,.; '` M r e Page Two often been a basis for the recommendation of the Planning Commission to the City Council regarding the Preliminary Plan. Since by that time the Concept Plan has already been approved, the question of whether the proposal qualifies as a PUD should have already been rendered. Based on the foregoing we are assuming that it is the intent of the ordinance that the question of whether a.proposal is a PUD or not is not addressed by its compliance to the attributes under consideration. As such, it is not an all or nothing" question with respect to compliance with the attributes. We are suggesting that the degree to which a proposal responds to the attributes one or more) will however become the foundation upon which staff, the Planning Commission and the City Council measures the degree of flexibility in design that will be afforded to a particular development proposal (flexibility from the "standard" Zoning Ordinance specifications and standards). Even if a PUD proposal would not respond to one or more of the attributes, it still could be a Planned Unit Development, but perhaps one where Zoning Ordinance flexibility would be more limited than with a proposal that better responds to the attributes. It is not the intent therefore for these amendments to modify the judgmental or subjective nature of the decisions and recommendations that must be made with respect to each individual PUD. The intent with respect to changes regarding the specific PUD attributes listed in Section 9, Subdivision B, Paragraph 1c is as follows: 1) No change is recommend with respect to the attribute involving new technology and building design, construction and land development. We believe it is clear what is intended by this, and we point to such development concepts as the original "Tiburon" and the more recent Laukka Development "Zipper -Zee" as types of development that respond to this attribute. In our view very few projects we have seen to -date actually present attributes related to "new" technology. At some point "new" becomes "accepted" and therefore does not become an attribute. 2) Because of specifications found in the Subdivision Ordinance and in other sections of the Zoning Ordinance all development proposals presented to the City of Plymouth require the use of trained and experience professionals. At the time of the drafting the Planned Unit Development ordinance this may not have been the case therefore resulting in this as possible PUD attribute. This attribute can be eliminated since little distinction is possible without rendering va u — e judgments as to the relative merits of various consulting firms. 3) Efficiency and effectiveness of the use of public streets, utilities and other public facilities resulting in high quality development remains an important aspect of urban design. Considerations of a capital cost of, continuing operations cost of, and replacement cost for urban infrastructure certainly cannot be overlooked. We have added to this attribute the term "demonstrated ". This means that the Page Three proponent of a PUD must prove to us that he has provided more efficient and effective use of infrastructure components than would be expected from a lesser design or from conventional subdivision development. We would anticipate this to be in the form of quantitative data verifiable by the Director of Public Works. We are also recommending removal of the term "at lesser cost ". 4) We have modified attribute No. 4 to provide emphasis on the demonstration by the project proponent that the recreation facilities and other public and common facilities are truly more usable and suitably located than under conventional land development procedures. We are also adding the term "where proposed ". By this addition an important policy change is produced that removes a requirement that recreation facilities be included with each and every PUD. There may be instances where active recreational facilities are clearly not appropriate and therefore a PUD should not be penalized for the lack of such facilities. 5) This attribute has become increasingly important in recent years but was a critical element of the original concept embodied in the Planned Unit Development ordinance philosophy. We are recommending amendment to this attribute to more clearly define the desirable natural site characteristics in terms of the Physical Constraints Analysis. CONCLUSIONS /RECOMMENDATIONS: Based on the foregoing discussion of the purposes and intent of the amendments proposed we recommend amendment to the Zoning Ordinance in Section 9, Subdivision B, Paragraph 1c as follows: 3) Demonstration of more efficient and effective use of streets, utilities and public facilities to yield high quality development. -at a lesser evTt. 4) Where proposed, more usable and suitably leea recreation facilities and other public and common facilities shall be more usable and suitably located than would otherwise be provided under conventional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics as defined by the Plymouth "Physical Constraints Analysis ". Attachments: 1. Zoning Ordinance Extract (Page 9 -5) Underscore - indicates new text Strikeeut - indicates deleted text pc /cd /zo.5) PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B SUBDIVISION B - PLANNED UNIT DEVELOPMENT (PUD) 1. Purpose a. The provisions of this section of the Zoning Ordinance are intended to provide areas which can be developed with some modification of the strict application of regulations of the normal zoning districts in accordance with the provisions and regulations contained herein, the intent and purpose of the Comprehensive Municipal Plan, the general intent of the districts in which the development is proposed, and generally in accordance with the "Community Structure Concept" of the Comprehensive Plan. b. The provisions of this section of the Zoning Ordinance provide design flexibility for the development of larger parcels under single ownership or control, in order to obtain a higher quality of development than might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. benefit to the developer is one of design and development xibility; in order to utilize this flexibility, the developer has s responsibility to demonstrate that its utilization does indeed vide a development which has substantial attributes to enhance the rticular area or the City in total. Expected attributes are: Benefits from new technology in building design, construction and land development. Higher standards of site and building design through use of trained and experienced professionals in Land Planning, Architecture and Landscaping to prepare plans for Planned Unit Developments. More efficient and effective use of streets, utilities and public facilities to yield high quality development at a lesser cost. More usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. j Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. (Amended Ord. No. 82 -15) e provisions for Planned Unit Developments in this section are applied in two separate and distinct forms: A Residential Planned Development (R.P.U.D.) and a Mixed Use Planned Unit Development M.P.U.D.). Where provisions are not specifically designated for either the R.P.U.D. or M.P.U.D., they apply types. Unit property within a R.P.U.D. shall be in one or more R Districts. Within a M.P.U.D. land shall include one or more non - residence districts and may or may not include one or more R Districts. 9 -5 DRAFT AMENDMENT N0. 6 HEARING DATE: November 28, 1990 DESCRIPTION: Ordinance amendments regarding outside display, storage, and sale of merchandise. SECTIONS INVOLVED: Sections 4, 8, 9, and 10. Amendment of the City Code relative to gasoline service stations is related but is not part of the formal Planning Commission hearing. EXPLANATION /PURPOSE: The purpose of these amendments is to implement the recommendation of the Ad Hoc Task Force appointed by the City Council in January 1990; their report was submitted to both the Planning Commission and the City Council in August. Copies of that August 1990 report have been distributed and should be deemed part of this memorandum. Mr. Gerald Theis, owner of Dundee Nursery and Landscaping, has reviewed that report and has submitted a letter expressing concerns about the outside storage standard recommended by the Task Force. His November 21, 1990, letter is attached; I advised Mr. Theis that the recommended ordinance amendments would be reflective of the Task Force recommendations; I have not had an opportunity to review his letter in detail nor to respond to it. I anticipate I will have accomplished that by the public hearing. CONCLUSIONS /RECOMMENDATIONS: The problems identified with the City Code, gasoline service station licensing requirements can be significantly resolved by deleting the zoning item and clarifying the licensing language which, among other things, would reference the Zoning Ordinance. The Zoning Ordinance amendment involved not only the service station requirements but also the various standards regarding outside display, storage, and sales of merchandise which the Task Force found were in need of clarification. The following Zoning Ordinance amendments are recommended: 1. Amend Section 8, Subdivision B, 2 to read as follows: 2. -- C C Automobile /motor vehicles: minor repair, service, parts, wash, rental. Marine and machinery: sales, minor repair and service parts, wash and Q rental. Gasoline Service Stations as specifically regulated by this ordinance and the City Code. Amend Section 9 by adding a new Subdivision, Subdivision F, Gasoline Service Stations as follows: 1. Purpose The standards of this section are intended to provide supplemental guidelines and requirements for the development and operation of gasoline service stations, which the City Council b Resolution may authorize as conditional uses when such facilities are allowed by this ordinance and by t e City Code licensing requirements to protect the health, safety and welfare of the community and to assure harmony with the Comprehensive Plan of the City. 2. Application Requirements Application for a Conditional Use Permit for a gasoline service station shall be made by the owner or owners of the property and shall be filed with the Zoning Administrator, consistent with the requirements of Section 9, Subdivision A. Owners may designate, in writing, an agent such as the prospective develop er or operator, the owner must in all cases, sign the application. Al applications shall be accompanied by an administrative fee as prescribed by the Cit Code and shall include the information required by this nrdinanrP_ 3. Special Development Standards and Performance Criteria a. Abutment to Certain Streets Required. station sites shall have approved dir, proximate access to an arterial road; is not allowed or feasible, indirect shall be via an approved service road road _ Gasoline service pct or indirect there direct access proximate access or similar public b. Regulation of Driveways. No driveway in a gasoline service station at the point it crosses the propert ine 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. c. Frontage and Area Requirements_. The minimum frontage of a gasoline service station on an 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. d. e. Buffer or Screening Area. Screening will be so constructed as to positively keep headligtt Feams of vehicles on the station property from beaming onto adjacent property. will be located ne reet f. Restrictions on Outside Operations. The gasoline service station may not provide for the outdoor operation of lubrication equipment, hydraulic lifts of service pits, tire changing, drive systems repair and tuning, or similar operations. The outdoor display of merchandise the outside underground storage o asoline 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. g_ Bulk Oil or Bulk LPG Distribution. Bulk oil storage and sales in conjunction with a gasoline service station shall be allowed only for stations in the—I-1—(Planned Industria 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 e gasoline service station. h. Unobstructed Areas Required at Intersections. Vehicles signs, displays, or other materials in the area within fifty 50 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. 4. Enforcement review and renewal, revocation, permit amendment, and expiration shall be subject to the procedures and requirements as set forth in Subdivision A of this section. 3. Amend Section 10, Subdivision C, 6c to read as follows: c. Temporary outdoor promotional and merchandising 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, 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 1) Application and Fee. e) A written affidavit from the transient produce merchant shall be submitted indicating that the produce to Be sold by the merchant was grown by the merchant on property that is occupied and cultivated—by him. The affidavit shall list the produce to be sold and the place w -ere the produce was grown. f) Transient merchants shall show evidence of compliance with City licensing requirements. 4) Definitions and Standards. applieable building nd safety e-ed- ants as determined by the Zening Administrator: per eyent: twe ef the days shall be a Saturday an 4 Eyents Sunday. 444 There shall be me fnere than two eyents per ealendar yea per r a) Temporary Promotional Events i) Definition. Temporary Promotional Events include carnivals, craft shows, flea markets, mechanical and animal rides and displays of materials that are tvpically not sold or serviced on the site. lj_q 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 M Definition. Temporary Sales Activities include sidewalk sales. inventory reduction or liquidation ii Standards. The following shall apply to all or000sed temporary outdoor sales activities allowed by this paragraph in addition to other applicable building and safety co a 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. JcJ Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. d) Businesses with a conditional use permit allowing business activity outside the building at the time this paragraph is adopted may obtain an administrative permit for up to 30 additional days for temporary outside sales provided that the total number of days does not exceed 90 days per calendar year per property. 5) General Requirements 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 transient produce merchant activities as defined by this ordinance may be allowed. 44- (b) Tents, stands, and other similar temporary structures and temporary vehicles and mobile 3) The maximum amount of outside display allowed is 50 percent of the linear structural frontage on the main entrance side of the principal building; a maximum 4 feet depth measured from the exterior wall of the building; and a maximum height of _6 feet. 4) Outside display of merchandise shall involve no additiona signage other than for price of the product with the package of the merchandise itself has sign value. 7. Amend Section 4, Subdivision B, by the addition of the following: Display, Outside -- A class of storage outside the principal building where merchandise is visible and may involve active sales as well as passive sales where items can be taken inside for actual purchase). Outside dis a of merc andise may be temporary or permanent depending upon the conditions of the permit issued pursuant to this ordinance. Storage, Outside -- Exterior depositony, stockpiling, stockpIling, or safekeeping of materials, product vehicles, and the like. Outside storage may be enclosed by a structure that includes a roof in which case the structure shall be deemed outside storage; or outside store a may involve fencing or screenin without a roof in which case fencing or screening shall be deemed outside storage. Outside storage does not involve any product representation or signage except for those emergency or safety related signs specifically approved by the City. Vending machines accessory to allowable uses do not constitute outside storage. Underscore - indicates new text Stria - indicates deleted text pc /bt /zo.6) PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B SUBDIVISION B - ALLOWABLE USES: BUSINESS DISTRICTS Within the Business Districts, no building or land shall be used except for one or more of the following uses providing they comply with the performance standards set forth in Subdivisions F and G of this section. Letter designations shall be interpreted as meaning: P - Permitted Uses C - Uses by Conditional Use Permit A - Accessory Uses DISTRICTS B -1 B -2 B -3 Office Limited Retail Service 1. C 3. 4. C 5. P 6. C 7. P 8. 9. C 10. 11. 12. P 13. C 14. 15. P 16. C C C C C P P C C P P C P C C P P P P P P C C C P C C P USES Amusement Centers Automobile /motor vehicles: minor repair, service, parts, wash, rental. Marine and machinery: sales, minor repair and service parts, wash and rental. Gasoline Service Stations. (Ord. No. 82 -15) Automobile /motor vehicle sales and major repair. Nursing Homes, Senior Citizen and Congregate Housing (Ord. 89 -02, Amend. Ord. 89 -38) Bus /transit station or terminal without vehicle storage. Post secondary, vocational or trade schools. (Amended Ord. 89 -02) Clinics, medical office. Commercial recreation such as bowling alleys, billiard halls, miniature golf, etc. (Ord. 87 -16) Day Care Facility, as regulated in Section 9. (Amend. Ord. 89 -38) Dry cleaning and laundry establishments with no more than four (4) employees for cleaning or pressing. Dry cleaning and laundry collection stations, and self- service. Essential services. Essential service buildings. Equipment rental. Financial institutions. Greenhouses and nurseries with retail sales. 8 -3 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C c. Temporary outdoor promotional and merchandising activities directed at the general public may be allowed as an accessory use in the BUSINESS DISTRICTS, subject to issuance of an administrative permit and subject to the requirements of this paragraph. For purposes of this paragraph Promotional and Merchandising Activities shall include temporary, short -term sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and promotion events conducted on the premises of permitted and conditional uses in this District; but shall not include sales events which are regularly scheduled or seasonal in nature. 1) Application and Fee. a) Application for a temporary outdoor promotional or merchandising activity shall be made to the Zoning Administrator on forms to be provided by the City at least 30 calendar days prior to the proposed event. b) The application shall be co- signed by the fee owner of the subject property; or the application shall be accompanied by a statement from the fee owner or a copy of a bona fide lease agreement authorizing the proposed event. c) Unresolved disputes as to administrative application of the requirements of this paragraph shall be referred to the Planning Commission and to the City Council pursuant to the Conditional Use Permit review and approval provisions of Section 9, Subdivision A of this Ordinance. d) The application shall be accompanied by a non - refundable fee which shall be the fee established by the City Code for Conditional Use Permit applications. 2) Required Information and Plans. The application shall be accompanied by the following: a) A concise statement describing the proposed event, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on -site security, provisions for on -site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application; b) A copy of the approved Site Plan for the property or an as- built" survey which accurately represents existing conditions on the site, including entrances and exits, and bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs; c) An accurate floor plan, when, in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of building entrances and exits. 10 -40 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C d) A copy of the current Sales Tax Certificate issued by the State of Minnesota. 3) Procedure. a) The Zoning Administrator shall review the application and related materials and shall determine that the proposal is in compliance with all applicable codes, ordinances, and the specific standards for temporary promotional and merchandising activities as set forth in this paragraph. The application shall also be reviewed by the Director of Public Safety. b) A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable codes, ordinances, and the standards in this paragraph shall be attached to the permit. c) Determination of non - compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten days of the date of such notice, the applicant submits revised plans and /or information with which the Zoning Administrator is able to determine compliance. 4) Standards. The following shall apply to all proposed temporary outdoor promotional and merchandising activities allowed by this paragraph in addition to other applicable building and safety code requirements as determined by the Zoning Administrator: a) 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 events per calendar year per property. / c) The event 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. d) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 10 -41 7. 5) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C e) 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. f) Signage related to the event shall be in compliance with the temporary commercial sign standards of this Ordinance 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. g) The approved permit shall be displayed on the premises the duration of the event. Administration and Enforcement. a) The Zoning Administrator shall keep a record of applications and permits. b) A copy of all permits issued shall be forwarded to the Director of Public Safety prior to the event. c) Enforcement of the provisions of this paragraph shall be in accordance with Section 11 of this Ordinance. Violation of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit applications. Ord. No. 85 -07) Accessory Buildings: a. A residential accessory building or structure attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the requirements of this Ordinance applicable to the main building, except as otherwise provided in this Ordinance. 1) The minimum front yard setback for an attached residential accessory building or structure shall be the same as the main building. (Ord. 89 -27) 2) An attached garage on a lot that has more than one street frontage in the R -1A, R -1B, and R -2 District, where the garage has an 10 -42 J PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C 14. Transient Merchants and Transient Produce Merchants 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. (Amended Ord. 86 -07) 15. Place of Worship (Ordinance 89 -02) a. Future Restricted Development District 1) A Place of Worship shall have direct access onto minor arterial streets. 2) A Place of Worship shall be limited to a maximum seating capacity of 275 seats. 3) A Place or Worship shall be located on property which is classified by the City's Comprehensive Land Use Guide Plan as LA -1, LA -2, LA -3, LA -4 CL, CN, or CC. b. Residence Districts 1) A Place of Worship shall have direct access onto minor arterial or major collector streets. c. Non - residence Districts 1) A Place of Worship shall have direct access onto minor arterial streets 10 -45 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B DISTRICTS USES B -1 B -2 B -3 Office Limited Retail Service 38. -- C C Sports and fitness club. 39. C C C Sports and fitness club in an office building available for employee /tenant use only, which clearly is incidental to the principal use. (Ord. 85 -18) 40. C C P Theaters (indoor).(Amended Ord. 89 -02) 41. C -- Theaters inside approved office buildings or office complexes. (Ord. No. 87 -16) 42. __ P P Transient Merchants as regulated in Section 10 (Amended Ord. 86 -07) 43. -- P P Transient produce merchant as regulated in Sec lion 10 Amended Ord. 86 -07) 44. C C C ny business activity—nut-Tonnucted in an enclosed gard or building. 45. A A 46. A A A A Signs as herein regu a e . Off- street parking and loading as herein regulated. 47. A A A Outside, above - ground storage facilities for non - liquid gaseous fuels such as propane used for heating purposes, or for dispensing purposes clearly incidental to the approved principal use and not for sale, as regulated in Section 10. Amended Ord. No. 82 -15) 48. A A A Temporary outdoor promotional and merchandisin activities as regulated ing( AmendedSection10. Ord. 85 -07) 49. A A A Administrative offices, meeting rooms, classrooms and food preparation and service areas, in a Place of Worship, the use of which is incident and directly related to the primary use. (Ord. 89 -02) 50. A A A Secondary uses customarily incident to the permitted or conditional uses allowed in the district, unless otherwise regulated in this Ordinance. (Amended Ord. 89 -02) 51. C -- C Community Correctional Facility as regulated in Section 9 (Ord. 89 -38) 52. C -- C Adult Correctional Facility as regulated in Section 9. (Ord. 89 -38) 8 -5 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: a. The following accessory uses, in addition to those herein before specified shall be permitted in any RESIDENCE DISTRICT, if the accessory uses do not alter the character of the premises in respect to their use for the purposes permitted in the District. 1) The renting of rooms or the providing of table board in a dwelling as an incidental use to that of its occupancy as a dwelling of the character permitted in the respective District, but not to the extent of constituting a hotel as defined in this Ordinance, unless permitted in the District. 2) The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the District. 10 -38 Du A2WT " NURSERY & LANDSCA November 21, 1990 PING CO. Chairman Richard Plufka Members of City of Plymouth Planning Commission 3400 Plymouth Blvd. Plymouth, MN 55447 Ladies and Gentlemen: Nursery Garden Centers Landscape Design /Build Floral (Plymouth only) MN N NL m NOV 21 -;z,, CITY OF PLYMOUTH COMMLWTY DEVELOPMENT DEPT. Main Office 16800 Hwy 55 Plymouth, MN 55446 Phone (612) 559 -4004 Fax 559 -8483 F 1, L E GrT P Iyr I have reviewed a copy of the Report of Ad Hoc Task Force on City Code and Ordinance Standards, Outside Display, Storage, and Sale of Merchandise in Business Districts dated August 1990 and wish to submit the following comments on behalf of Dundee Nursery and Landscaping. As you are aware, in late 1989 the City Council reguided the land on which Dundee's retail facility is located to B -3. At the same time the City adopted other extensive amendments to its Comprehensive Land Use Guide Plan. To my knowledge, the City has not concluded the underlying rezoning of these reguided parcels but I understand that this is a housekeeping item that is currently in the process. In any event, paragraph 3 of the Task Force Report recommends that the following language be added to Section 8, Subdivision B of the Zoning Ordinance: Any sales, service, storage, or display activity conducted outside the building containing a principal use that is not specifically allowed or is not prohibited elsewhere in this Ordinance" Assuming that Dundee's property is rezoned to B -3, greenhouses and nurseries with retail sales are permitted uses under the existing paragraph 16 of Section 8, Subdivision B the Ordinance. Paragraph 16, however, makes no reference to outside storage. The only other Ordinance reference to outside storage that pertains to Dundee is contained in paragraph 50 of Section 8, Subdivision B which provides that "secondary uses customarily incident to the permitted or conditional uses allowed in the district, unless otherwise regulated in this Ordinance" are considered accessory uses. I presume that our current outside storage is authorized pursuant to this paragraph. Locations 16800 Hwy 55, Plymouth, MN 55446 (612) 559 -4016 • 4225 County Road 42 Savage, MN 55413 (612) 894 -8740 City of Plymouth Planning Commission November 21, 1990 Page 2 However, if the Task Force recommendation is followed, would not Dundee's outside storage require an Administrative Permit since under paragraph 50, it would become "otherwise regulated in this Ordinance ", that is, Dundee's outside storage would be regulated by the new language proposed by paragraph 3 of the Task Force Report. If my conclusion is accurate, Dundee's outside storage would be limited to an enclosure of up to 120 square feet without a conditional use permit. Obviously our current storage substantially exceeds 120 square feet and Dundee would thus have to obtain a conditional use permit to continue operating. Paragraph 12 of the Task Force Report proposes to severely limit the amount of outside display that Dundee would be permitted with the Administrative Permit. Paragraph 16 of the Report presumably would allow for these standards to be exceeded with a conditional use permit, but by how much and under what conditions or criteria? It is my understanding that the Task Force's work was initiated in response to concerns that there were inconsistencies between the City Ordinance and City Code relative to gasoline service stations. The Task Force eventually expanded its work to consider the outside display and storage generally. To my knowledge, the City has never received a complaint about Dundee's outside display and storage of its products and merchandise. Accordingly, we would respectfully ask the Planning Commission to recommend that retail sales by greenhouses and nurseries be excepted from the proposed ordinance language or, alternatively, recommend to the City Council that the final form of any ordinance "grandfather" in Dundee so it does not become necessary for Dundee to apply for a conditional use permit to authorize what we have already been permitted to do historically. We have expended substantial sums of money at our present location and our business is heavily dependent on outside display and storage of greenhouse and nursery related products. We are obviously concerned about new ordinance changes that would create new criteria to be applied in a conditional use permit process since such requirements could negatively impact on how we historically have been allowed to conduct our business in the City. Most of the proposed Task Force recommendations relate to situations that are not applicable to Dundee. Why make ordinance changes that inadvertently might include Dundee when there haven't been any abuses by Dundee or, to my knowledge, any other City of Plymouth Planning Commission November 21, 1990 Page 3 nursery or greenhouse operations in the City arising out of their outside storage or display of products? I will be present at the meeting to answer your questions. Sincerely, DUNDEE NURSERY AND LANDSCAPING Gerald Theis cc: Mr. Blair Tremere I 5 F. DRAFT AMENDMENT NO. 5 HEARING DATE: November 28, 1990 DESCRIPTION: This amendment is intended to restructure the portion of the Planned Unit Development section of the Plymouth Zoning Ordinance that deals with the expected attributes of a Planned Unit Development proposal. SECTIONS INVOLVED: Section 9, Subdivision B. EXPLANATION /PURPOSE: Since its initial adoption in the mid- 1970's the Planned Unit Development section of the Zoning Ordinance has been periodically revisited and from time to time amended to reflect perceived benefits and problems that have resulted by the application of this sophisticated development regulation device. The City Council and the Planning Commission in recent months on several occasions expressed concern with the difficulty of determining whether a Planned Unit Development proposal provides the attributes expected of a PUD as they are now defined in Paragraph 1 of Subdivision B, Section 9 of the Zoning Ordinance. These proposed amendments focus exclusively on Subparagraph c of this section of the Zoning Ordinance where five expected PUD attributes are provided. We have considered commentary of City Council and Planning Commission members concerning individual attributes, and by the amendments proposed incorporated what we believe to be the modifications necessary to address the current concerns that have been raised. The intended effect of these amendments is to modify or eliminate attributes currently in the ordinance which no longer enable the City to distinguish between PUD proposals and to clarify certain others of the attributes to enable the Planning Commission and City Council to determine with a greater degree of certainty whether the proposal qualifies as a Planned Unit Development within the definition of the Zoning Ordinance. An initial question concerning this section of the Zoning Ordinance is whether it is the intent of the City to disqualify -a proposal from consideration as a Planned Unit Development if all of the stated attributes are not present in the project proposal. The findings required by Section 9, Subdivision B, Paragraph 5c, with respect to the PUD Concept Plan does not include reference to whether the proposal complies with the PUD attributes or not. Section 9, Subdivision D, Paragraph 5j, however, requires the Planning Commission to base its recommendation to the City Council on Preliminary Plans /Plats in part on "compatibility with the stated purposes and intent of the Planned Unit Development ". Since the attributes are an integral part of the Paragraph 1 of this subdivision entitled "purpose ", the compliance of the plan with the attributes listed has Page Three proponent of a PUD must prove to us that he has provided more efficient and effective use of infrastructure components than would be expected from a lesser design or from conventional subdivision development. We would anticipate this to be in the form of quantitative data verifiable by the Director of Public Works. We are also recommending removal of the term "at lesser cost ". 4) We have modified attribute No. 4 to provide emphasis on the demonstration by the project proponent that the recreation facilities and other public and common facilities are truly more usable and suitably located than under conventional land development procedures. We are also adding the term "where proposed ". By this addition an important policy change is produced that removes a requirement that recreation facilities be included with each and every PUD. There may be instances where active recreational facilities are clearly not appropriate and therefore a PUD should not be penalized for the lack of such facilities. 5) This attribute has become increasingly important in recent years but was a critical element of the original concept embodied in the Planned Unit Development ordinance philosophy. We are recommending amendment to this attribute to more clearly define the desirable natural site characteristics in terms of the Physical Constraints Analysis. CONCLUSIONS /RECOMMENDATIONS: Based on the foregoing discussion of the purposes and intent of the amendments proposed we recommend amendment to the Zoning Ordinance in Section 9, Subdivision B, Paragraph 1c as follows: 3) Demonstration of more efficient and effective use of streets, utilities and public facilities to yield high quality development. -at e 5t 4) Where proposed, mere usable and 50tably leea recreation facilities and other public and common facilities shall be more usable and suitably located than would otherwise be provided under conventional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics as defined by the Plymouth "Physical Constraints Analysis ". Attachments: 1. Zoning Ordinance Extract (Page 9 -5) Underscore - indicates new text Strikeeut - indicates deleted text pc /cd /zo.5) N PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B SUBDIVISION B - PLANNED UNIT DEVELOPMENT (PUD) 1. purpose a. The provisions of this section of the Zoning Ordinance are intended to provide areas which can be developed with some modification of the strict application of regulations of the normal zoning districts in accordance with the provisions and regulations contained herein, the intent and purpose of the Comprehensive Municipal Plan, the general intent of the districts in which the development is proposed, and generally in accordance with the "Community Structure Concept" of the Comprehensive Plan. b. The provisions of this section of the Zoning Ordinance provide design flexibility for the development of larger parcels under single ownership or control, in order to obtain a higher quality of development than might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. benefit to the developer is one of design and development Kibility; in order to utilize this flexibility, the developer has responsibility to demonstrate that its utilization does indeed vide a development which has substantial attributes to enhance the ticular area or the City in total. Expected attributes are: Benefits from new technology in building design, construction and land development. Higher standards of site and building design through use of trained and experienced professionals in Land Planning, Architecture and Landscaping to prepare plans for Planned Unit Developments. More efficient and effective use of streets, utilities and public facilities to yield high quality development at a lesser cost. More usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. (Amended Ord. No. 82 -15) provisions for Planned Unit Developments in this section are applied in two separate and distinct forms: A Residential Planned Development (R.P.U.D.) and a Mixed Use Planned Unit Development M.P.U.D.). Where provisions are not specifically designated for either the R.P.U.D. or M.P.U.D., they apply to both types. All Unit property within a R.P.U.D. shall be in one or more R Districts. Within a M.P.U.D. land shall include one or more non - residence districts and may or may not include one or more R Districts. 9 -5