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.
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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
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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
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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
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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
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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)
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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.
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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