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HomeMy WebLinkAboutPlanning Commission Packet 10-11-19895A 0 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 4, 1989 COMMISSION MEETING DATE: October 11, 1989 FILE NO.: 89080 PETITIONER: Prime Development Corporation REQUEST: Amendment of the Zoning Ordinance Sign Section Regarding the B-1 (Office Limited Business) Zoning District LOCATION: City-wide GUIDE PLAN CLASS: CL (Limited Business) ZONING: B-1 (Office Limited Business) BACKGROUND: Earlier in 1988, the applicant submitted a request for area identification signs to be located in the Prime West Business Park (located at the northwest corner of Revere Lane and the Highway 55 north service road). In review of the applications, it was determined by staff that the B-1 Zoning District in which the Prime West Business Park is located does not permit project or area identification signage in any form. The only signage available to property owners within the B-1 District is site specific or temporary in nature. In addition to the foregoing, the Zoning Ordinance specifically provides that signs may not be permitted by variance in districts or places where such signs are prohibited or not allowed (Section 11, Subdivision C, paragraph 242). The applicant has indicated its continued desire to locate area identification signs for the Prime West project. The only process available to the applicant to accomplish this is an amendment of the Zoning Ordinance that would provide for allowing such area identification signage in B-1 Districts throughout the community. Notice of this Public Hearing has been published in the official City newspaper. PRIMARY ISSUES AND ANALYSIS: 1. The applicant's letter of August 25, 1989, provides the basis for the Ordinance amendment proposed. Also included is suggested guidelines for the content of the Ordinance amendment. It is implied that the specifications noted in the August 25 letter would be added by Ordinance to the sign provisions of the Zoning Ordinance that relate to the B-1 Zoning District. see next page) Page Two File 89080 2. The Zoning Ordinance (Section 10, Subdivision A, paragraph 2-C) soecifica Uy addresses the concept of area, or project, identification signs within the Residential Zoning Districts. Those Ordinance provisions provide a comprehensive description of what area identification signs are to be; where they are to be located; and how they are to be accounted for in terms of the underlying property they are to be located on and perpetual maintenance. The Zoning Ordinance does not specifically address area identification signs in the B-1, B-2, B-3, or I-1 Districts. 3. Section 10, Subdivision A, paragraph 6-B4 of the Zoning Ordinance addresses signage for "multi -tenant industrial buildings". This is one of the provisions of the Sign Ordinance that refers to signs in the I-1 District. The last sentence of the referenced paragraph states that the area may be increased to a maximum 160 square feet for industrial developments of over 20 acres...". (Emphasis added.) That sentence suggests that area identification is a recognized potential signage need within the I-1 District as well. It does not appear that it could be read in any other fashion since the occurrence of a multi -tenant industrial building on a site in excess of 20 acres is unusual. 4. The applicant, by his August 25, 1989, letter, is suggesting the City adopt the area identification approach used in the residential section of the Zoning Ordinance for use in the B-1 (office) section of the Zoning Ordinance. PLANNING STAFF COMMENTS: 1. The initial consideration must be whether it is in the best interest of the City of Plymouth to amend the Zoning Ordinance to provide for area identification signs in the B-1 Zone regardless of language format. Is the concept of area identification or project identification valid in an Office Zoning District? 2. If the answer to the first question is affirmative, we then must address the issue of what the quantitative specifications should be for area or project signage within the B-1 (Office) Zone. Should the approach taken be similar to that found in Residential Districts? 3. Staff here suggests that there is adequate logical basis to consider amendments to the Zoning Ordinance that would permit area or project signage for business parks involving multiple structures in a planned (but not a PUD) application format, i.e., a master plan. It should be noted that business projects within an MPUD would be accommodated by recent changes in the PUD section of the Zoning Ordinance that allow signage to become a design element of the PUD plan. 4. Staff finds the provisions of the I-1 District with respect to area identification for multi -tenant buildings related to a minimum size area 20 acres) to be bothersome and unclear. see next page) Page Three File 89080 We find that the comprehensive nature of the area identification signage regulations found in the residential portions of the Sign Ordinance better enables the City to assure that such signage is property located and accounted for beyond the point in time that the project developer remains involved with the project. RECOMMENDATION: Staff suggests the Planning Commission concentrate initially on the issue of the need for area identification or project identification signs within the B-1 Zoning District. If it is decided that this type of signage is in the best interest of the City, then, following the Public Hearing, the Commission should direct staff to prepare specific dimensional recommendations. We further recommend that the Planning Commission consider using this work as the basis for addressing non -PUD, non residential, area identification signage in all "B" zones and the "I" zone. Should such signage be permitted? What should be the clear intent as to area identification in the I-1 Zone? Planning Commission direction by motion is appropriate in these matters. If the Commission decides such signage is not in the best interests of the City, then a 'on recommen ing 1 of the r st would be in order. Submitted by: ` Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Petitioner's Letter of August 25, 1989 2. Section 10, Subdivision A, Paragraph 2C of the Zoning Ordinance Residential Area Signs) 3. Section 10, Subdivision A, Paragraph 6-B4 of the Zoning Ordinance Industrial "Business Signs") pc/cd/89080:dl) PrE nG uE4E!Cu"'P", Corp, ratio!, August 25, 1989 Mr. Charles Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, MT? 55447 Re: Prime West Business Park Dear Charles: p 1r, 2,f 1999 Prime Development respectfully submits a request for an Amendment to the Zoning Ordinance Section 10, Subdivision A, Sign Regulations. The purpose of this amendment is to allow for area identification of a B-1 district; the amendment would be similar to how the current Zoning Ordinance allows for area identification signs for residential neighborhoods, subdivisions and multi -residential complexes. Prime Development feels that the proposed amendment to the ordinance is within the purpose and intent to the current signage regulations. The area identification signs to a B-1 district will provide an opportunity for effective communication and a sense of concern for visual amenities ..."The proposed amendment will not endanger, annoy or unduly distract the public". Prime Development proposes the following guidelines to be included into Section 10, Subdivision A. Identification Signs: Area identification signs are intended for identification of office developments. 1. Area Identification signage shall be permitted for each office development; for purpose of this Section, office developments shall include platted phases of approved staged developments. 2. Area Identification signage shall be located at the entrance to the project or subdivision and/or one sign at each major thoroughfare. 3. A maximum of two Area/Identification signs, not exceeding a total of 32 square feet in surface area for two signs and 64 square feet in surface area if P R 1 M E Charles Dillerud Prime West Business Park Signage Amendment August 25, 1989 Page 02 one sign, may be permitted per each project or subdivision. The typical use of two signs is to create a gateway effect at opposite corners of the entrance to the project or subdivision. For signage directly adjacent to a major thoroughfare, one sign, not exceeding a total of 120 square feet in surface area, may be permitted. An Area Identification sign shall be located at least 20 feet from the front property lines. 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. If you have any questions or comments to the Zoning Ordinance Amendment, please do not hesitate to contact me. Sincerely, PRIME DEVELOPMENT CORPORATION Todd E. Mohage , A. I. A. Director, Planning and Design TEM: jaw cc: Tim Murphy development file P R I M E PLYMOUTH ZONING ORDINANCE Section 10 Subdivision A ` 2) One freestanding Nameplate Sign shall be permitted for allowed institu- tional uses such as churches, schools, hospitals, clubs, libraries, munic- ipal 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 -residen- tial 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, residen- tial 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 subdiv- ision. 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 prop- erty 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 estab- lishing 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 Per- mit. 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. 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 identify- ing 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 origi- nal Building Permit issuance, or until 85% of the construction in the dev- elopment is completed, which ever occurs first, unless otherwise specifi- cally provided in this Subdivision. 10-2 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 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. 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 condition- al uses in the I-1 District; only the following signs are permitted in this Dis- trict 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 qrade. 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 allowed commercial enterprises and are used to direct attention to the business, indus- try, or service which is found on the premises where the sign is located. 1) Allowable uses and industrial establishments other than those in multi -ten- ant 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. 10-14 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 2) Allowable uses and industrial establishments other than those in multi -ten- ant 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 accord- ance 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 who the has 4) One ten doe ft. sq. such signs shall be reviewed by the building ownership or management shall provide a written endorsement at the time application is made for sign permit; the endorsement shall indicate that the propoed signage been found to be consistent with the approved comprehensive sign plan. free standing Business Sign shall be permitted provided for multi- nt buildings the surface area of the sign does not exceed 96 sq. ft. , not exceed 36 ft. in height, and is set back in no case less than 20 from the property lines. The area may be increased to a maximum of 160 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 sign- age 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 Indus- trial 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. 10-15 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: September 29, 1989 COMMISSION MEETING DATE: October 11, 1989 FILE NO.: 89083 PETITIONER: Charles Leininger Sr. REQUEST: Conditional Use Permit to Operate an Amusement Center in the Four Seasons Mall LOCATION: 4200 Lancaster Lane GUIDE PLAN CLASS: CN (Neighborhood Shopping Center) ZONING: B-2 (Shopping Center Business) BACKGROUND: On October 5, 1976 the City Council approved a site plan for Metram Properties Shopping Center by Resolution 76-583. The building was 145,310 square feet gross floor area. Since that time, Conditional Use Permits have been approved for operations in the B-2 District that underlies the shopping center for the Minuteman Press, Marcello's Pizza, Golden China Restaurant, and Hoff Plumbing. Also, two separate Conditional use Permits were submitted and reviewed and recommended for approval by the Planning Commission for a Class II Restaurant with an amusement center. Both of these applications were withdrawn before the City Council could take action on the proposals. Those applications, however, formed the basis for amusement center licensing provisions that are now a part of the Plymouth City Code. Notice of the Public Hearing has been published in the official City newspaper and all property owners within 500 feet have been notified. In addition, a development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is proposing to occupy an area of approximately 3,650 square feet near the south end of the Four Season Mall. The structure is to operate a total of 30 amusement machines. Section 8, Subdivision B, Paragraph 1 of the Zoning Ordinance provides that "amusement centers" are conditional uses in the B-2 Zone. see next page) Page Two File 89083 2. The space is currently being used as a video store and part of the room would be converted to video games. 3. The petitioner will need to file an application for an amusement center license responsive to provisions of the City Code in that regard. We have attached to this staff report a copy of the City Code provisions with respect to amusement centers. We specifically direct the attention of the Planning Commission to Section 1103.07, Subdivision 9. The licensing provisions are intended to relieve the conditional use permit process of the policing functions that can be a substantial problem where no such licensing provisions are available. Any conditional use permit should carry a condition directly referencing these conditions. 4. No amusement center licenses are currently issued within the City. Two prior Conditional Use Permits for amusement centers have been issued. Neither establishment is now in business. PLANNING STAFF COMMENTS: 1. Subject to petitioner securing a valid amusement center license and no violations of that license, we find the proposed use to be responsive to the six criteria upon the Planning Commission must base its recommendation to the City Council. RECOMMENDATION: The attached draft action is for subject to a number of conditions amusement center ense consister Submitted by: C arles E. Dilleruc ATTACHMENTS: the approval of the Conditional Use Permit including the receipt and maintenance of an with the Pity Code. Community Development 1. Draft Action Approving the Conditional Use Permit 2. Petitioner's Narrative 3. Section 1100 of the Plymouth City Code Covering Amusement 4. Zoning Ordinance Definition of "Amusement Center" 5. Conditional Use Permit Criteria 6. Location Map 7. Sketch 8. Public Communication Dated October 5, 1989 pc/cd/89083:jw) nator Center Licensing APPROVING A CONDITIONAL USE PERMIT FOR CHARLES A. LEININGER, CDL COMPANY FOR AN AMUSEMENT CENTER IN A B-2 ZONE AT 4200 LANCASTER LANE (89083) WHEREAS, Charles A. Leininger for CDL Company has requested a Conditional Use Permit to operate the Video Wiz Amusement Center located at 4200 Lancaster 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 of Charles A. Leininger for CDL Company for a Conditional Use Permit for an amusement center in a B-2 zone at 4200 Lancaster Lane, 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 Charles A. Leininger as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. All waste and waste containers shall be stored within approved designated areas as diagrammed on the plans dated . 5. Any signage shall conform with the City Ordinance standards. 6. Hours of operation shall be limited to those specified by the City Code for Amusement Centers. 7. The permit shall be renewed in one year to assure compliance with the conditions. 8. A copy of the current City Amusement Center license shall be provided prior to issuance of the Permit and shall be kept on file with the City. 9. Compliance with applicable Building and Fire Code requirements shall be verified by'the City prior to Permit issuance. 10. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. SEPTEMBER 6, 1989 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55441 ATTENTION: LAURIE RAUENHORST CITY CLERK DEAR MS. RAUENHORST: I AM IN THE PROCESS OF PURCHASING THE VIDEO WIZ VIDEO STORE AT 4116 NORTH LANCASTER LANE (FOUR SEASONS MALL). AT THIS TIME I WOULD LIKE TO APPLY FOR A CONDITIONAL USE PERMIT TO INSTALL.APPROXIMATELY 30 AMUSEMENT GAMES TO ENHANCE THE VIDEO TAPE RENTAL BUSINESS. THE GAMES WE WOULD BE INSTALLING WOULD BE VIDEO, PINBALL, SKEE- BALL MACHINES AND POSSIBLY POOL TABLES. C.D.L. CO. HAS BEEN IN BUSINESS FOR 14 YEARS. WE SPECIALIZE IN PLACING AMUSEMENT GAMES IN BOWLING CENTERS, ROLLER SKATING RINKS, BARS AND ARCADES. I FEEL THAT ONE OF THE ONLY WAYS FOR AN ARCADE TO BE SUCCESSFUL IN AN REGIONAL MALL WOULD BE TO INSTALL THE ARCADE IN CONJUNCTION WITH ANOTHER SUCCESSFUL BUSINESS. I WILL BE HIRING A FULL TIME MANAGER AND OUR EMPLOYEES WILL BE SCREENED THOROUGHLY TO INSURE THE BEST POSSIBLE PERSONNEL FOR THE JOB. ALONG WITH THIS APPLICATION I WILL BE SUBMITTING A COPY OF COMPANY POLICIES AND RULES FOR THE VIDEO RENTAL GAME AREA. ANY FURTHER QUESTIONS THAT THE PLANNING COMMISSION HAS WILL BE ANSWERED AT THE NEXT AVAILABLE MEETING. YOURS H -E" TRULY, CHARLES A. LEININGER SR. CAL: DL 3501 - 82ND AVENUE NORTH 9 BROOKLYN PARK, MN 55443 9 612-566-9011 C M'A Y Gf: i. ;n'.'[_ GAME AREA RULES AND REGULATIONS:. 1. NO SMOKING. 2. NO CHEWING OF TOBACCO AND/OR'PRODUCTS. 3. NO ALCOHOLIC BEVERAGES OR DRUGS. 4. NO PROFANE LANGUAGE OR BOISTEROUS ACTIVITIES. 5. NO LOITERING. (INSIDE OR OUTSIDE) 6. NO FIGHTING. 7. NO TORN OR WORN CLOTHES. SHIRTS AND SHOES MUST BE WORN. S. NO BUCK KNIVES OR CHAIN WALLETS. 9. ALL BICYCLES WILL BE PARKED IN THE BIKE RACK PROVIDED. 10. NO FOOD OR BEVERAGES ARE TO BE BROUGHT ON THE PREMISES. 11. NO PERSON UNDER 18 WILL BE ALLOWED ON THE PREMISES DURING NORMAL SCHOOL HOURS. 12. NO BOOM BOXES IN OR AROUND THE PREMISES. VIOLATION OF ANY OF THESE RULES WILL RESULT IN PERMANENT BARRING FROM THE PREMISES AND POSSIBLE POLICE ACTION. MANAGEMENT 3501 - 82ND AVENUE NORTH • BROOKLYN PARK, MN 55443 • 612-566-9011 ATTENTION ALL EMPLOYEES: COMPANY POLICIES: 1. ALL EMPLOYEES WILL ARRIVE ON TIME FOR THEIR DESIGNATED SHIFT. FAILURE TO DO SO, WILL RESULT IN DISMISSAL) 2. A NEAT APPEARANCE IS MANDATORY. MALES MUST BE CLEAN SHAVEN AND HAIR ABOVE SHOULDER LENGTH. 3. NO SMOKING OR USE OF ANY TOBACCO PRODUCTS WHILE WORKING. 4. ANY DRUG ABUSE WILL NOT BE TOLERATED AND WILL BE GROUNDS FOR DISMISSAL. 5. NO ALCOHOLIC BEVERAGES WILL BE CONSUMED BEFORE OR DURING WORKING HOURS. 6. IN EVENT OF ILLNESS, AN EMPLOYEE MUST CALL SIX HOURS IN AD— VANCE OF THEIR SHIFT. 7. ALL EMPLOYEES WILL BE COURTEOUS TO CUSTOMERS AT ALL TIMES. 8. EMPLOYEES, DURING THEIR SHIFT, WILL BE IN CHARGE OF KEEPING A CLEAN WORK AREA. 9. NO PERSONAL TELEPHONE CALLS DURING BUSINESS HOURS UNLESS THERES AN EMERGENCY. 4 3501 - 82ND AVENUE NORTH 9 BROOKLYN PARK, MN 55443 a 612-566-9011 W, Mq u r - 11' 0640.— WIN aWoh u r - 11' I l Q + i•'7 O'Q AI tom-, ' • + ....____ A I 10 II I II A 6 10 II I II hl 72 U M 72 M'_ _ tA 91 OV0" AI II(D t v1 M ty UQ Op z Ill llllllllllllli . . 2 Illllllllllllllllllilllif s IIII I IIIIIIIIIIIIIIIIIIIIII / .. IIIIIIIII 1111 IH1ll1Illl.11 UMBI IU1lllli llllllWlllll Ir UP Q' a 0O 2 P IU EXHIBIT "B" Plymouth City Code CHAPTER XI BUSINESS AND TRADE REGULATIONS Section 1100 - Amusements 1100.01 (Rev. 1989) 1100.01. General Rule. It is unlawful to maintain or operate a theatrical performance, stage show, motion picture, drive-in theatre, or amusement park in the City of Plymouth without a license therefor. 1100.03. Amusements Defined. The terms "theatrical performances, "stage shows", "moving pictures", "drive-in theatres", and "amusement parks" mean forms of entertainment to which two or more persons are invited to view an exhibition of acting or the screen projection of motion pictures with accompanying sound broadcasting, or the furnishing of rides to the public, for a profit or in the course of a business enterprise, and are referred to herein as "amusements". 1100.05. Exceptions. Nothing contained in this Section shall prevent unli- censed theatrical presentations and motion pictures by religious and educational non-profit associations or corporations within the confines of a church or religious education edifice or within a public school building, where the presentation is sponsored by religious, educational or non-profit groups. 1100.07. License. Subdivision 1. Required; Term. No amusement shall be erected, maintained or operated within the City without a license therefor having been obtained from the City Council by the owner or proprietor thereof. The license shall expire on the 31st day of December next following the date of issue. Subd. 2. License; Application Fees. Application for an amusement license must be made in writing to the City Clerk on forms provided by the City. The license, if granted, is valid only for the specific amusement days, dates and times as identified in the application. Amusement schedule revisions require subsequent City Council approval. The license fee is fixed by Chapter X and is payable in advance. The Council may at its discretion prorate the initial license fee on a monthly basis. (Amended, Ord. No. 89-07, Sec. 1) 1100.09. Duties of Licensee. The operator or owner of a licensed amusement shall conduct the amusement in a lawful manner, in compliance with all regula- tions and statutes of the State of Minnesota and this Code. He shall not maintain any nuisance or noise on said premises, and shall at all times keep the premises clean, allow no trash, paper cups, papers or wrappers to be scattered on said premises; no bottles, bottle caps or metallic articles to be deposited or allowed to lay on the driveways, parking areas and walkways on the premises of the amusement. No intoxicating liquors or any immoral conduct or practices shall be allowed on the premises. Sufficient parking facilities shall be made available to adequately take care of all patrons, and no motor vehicles shall be allowed to stop or park on the shoulders of the public highway in the immediate vicinity of the premises. 1100.11. Liability Insurance. Each amusement licensee shall file with the City Clerk a certificate of insurance indicating that the licensee has a policy of public liability insurance to protect the public and in such amounts as the Council may require. Failure to provide such insurance or to keep it continu- ously in effect is grounds for revocation of the license. 1100.13. Drive -In Theatres Excluded. This Section does not apply to drive-in theatres regulated by Section 1110. Plymouth City Code Section 1103 - Amusement Centers Ord. No. 82-01) 1103.01 1103.01. Definitions. Subdivision 1. For purposes of this section the terms defined in this subsection have the meanings given them. Subd. 2. "Amusement Machine" means, but is not limited to, a mechanical amusement devise of any of the following types: a) A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game: the term does not include coin-operated music machines. b) Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. Subd. 3. "Amusement Center" means a business at one location devoted: a) primarily to the operation of amusement machines as defined above and open for public use and participation or b) locations with seven or more amusement machines as defined above and open for public use and participation. Subd. 4. "Licensed Premises" shall mean the room or rooms in which such amusement machines are located and when such premises are part of a building or structure in which other businesses are conducted, the licensed premise shall not be connected by more than one interior doorway or passageway to other parts of such building or structure. Such doorway or passageway shall be provided with a metal gate or grating which can be locked to secure the licensed premises during such time that use is not permitted. 1103.03. Licenses. Subdivision 1. General Rules. No person shall keep, operate, maintain or permit to be operated or maintained upon premises within his direct or indirect control an amusement center or any machine therein, without having first procured an amusement center license under the provisions of this Code. Plymouth City Code 1103.01, Subd. 2 Subd. 2. Amusement Center License. No person shall own, operate or permit operation of an amusement center on premises owned, leased, or operated by him or engage in the business of operating an amusement center unless an annual amusement center license has been obtained. Subd. 3. Application. The application for an amusement center license shall contain the following information: a) Name and address of the applicant, age, date and place of birth. b) Place where machine or device is to be displayed or operated, the business conducted at that place, and the zoning classification. c) If the interest of the applicant be that of a corporation or other business entity, the names of any persons having a 5% or more interest in said business entity shall be listed. d) A management plan outlining the means by which the establishment will be supervised, training provided to supervisory personnel and methods for dealing with infringements of establishment rules. e) All applications shall conform to the provisions of this Section, but shall also include a statement that the applicant, if requested by the City Clerk will permit a record of his fingerprints to be made by the Police Department for the purpose of additional investigation to determine whether or not the application should be granted. Subd. 4. License Fees. The license fee for an amusement center license is set by Chapter X and may be pro -rated for a partial year. The license fees are in lieu of all other fees for amusement devices or machines under this Code. Subd. 5. Council Approval. The application for an amusement center license shall be presented to the City Council for consideration, and if approved, the City Clerk shall issue the license to the applicant subject to the provisions of subsection 1103.11, subdivision 9. 1103.05. Insurance. If the machines to be operated in the amusement center are of the type described in subsection 1103.01, subdivision 2, clause (b), the applicant shall also submit with his application a policy of liability insurance applicable to death or injury caused by the operation of the licensed machine, in the minimum amounts of $100,000 for injury to or death of any person or $300,000 for one accident. 1103.07. Inspection. Subdivision 1. Police Review. Application for an amusement center license shall be made in duplicate, and one copy shall be referred to the Chief of Police, or his designated inspector, who shall investigate the location wherein it is proposed to operate an amusement center, ascertain if the applicant is a person of good moral character, and shall recommend approval or disapproval of the application. Plymouth City Code 1103.07, Subd. 2 Subd. 2. Duty of Police Department. Each amusement center licensed under this Section shall be inspected by the Police Department. 1103.09. Posting. An amusement center shall have permanently affixed on its premises in plain view a decalcomania evidencing the issuance of its license, together with a copy of the house rules and hours of operation in one inch letters. 1103.11. Amusement Centers - Restrictions. Subdivision 1. Nuisance. No amusement center shall be operated so as to constitute a public nuisance. Subd. 2. Order. It shall be the responsibility of the licensee to maintain order on the licensed premises at all times. Subd. 3. Trash, Refuse Disposed. It shall be the responsibility of the licensee to insure the proper and swift disposal of trash or refuse which may accumulate on the site. Subd. 4. Fire Hazards. It shall be the responsibility of the licensee to see that the licensed premises does not become overcrowded so as to constitute a hazard to the health or safety of persons therein. The Fire Marshal shall designate and post the maximum number of persons to be permitted on the licensed premises. Subd. 5. Supervision. The licensee shall provide a full-time attendant of 21 years of age or over upon the licensed premises during business hours. The licensed premises shall be locked whenever such attendant is not present thereon. Subd. 6. Liquor, Beer, and Drugs. It is unlawful for any person operating an amusement center to sell, offer for sale, or knowingly permit to be sold or offered for sale, or to be dispensed or consumed or knowingly brought in the amusement center any alcoholic beverages or narcotic drugs, or to knowingly allow any illegal activity upon the licensed premises. Subd. 7. Transferability. The license required by this Section is a personal privilege and is not transferable. Subd. 8. Hours. Amusement centers shall be closed by 1:00 a.m. each night and may not open until 9:00 a.m. on weekdays or until 12:00 noon on Sundays. At all other times the licensed premises shall be locked. Individuals who are 19 years of age or less shall be prohibited in or around such establishments during normal school attendance hours during the academic year for the school district within which the amusement center is located. Subd. 9. Restrictions on Conditional Use. The restrictions contained in this section may be amended and additional conditions or restrictions may be imposed as a part of a conditional use permit issued pursuant to the Zoning Code. No license shall be valid until the City Council has issued a conditional use permit for the operation. Plymouth City Code 1103.11, Subd. 10 0 Subd. 10. Food and Beverages. There shall be no food or beverages allowed on the site, except that which is sold by the establishment. Subd. 11. Lighting. The interior of an amusement center shall be illuminated as to insure proper and complete observation of patrons at all times. The Building Inspector shall recommend standards for lighting levels to carry out the intent of this Subdivision.. 1103.13. Penalties. A violation of any provision of this section is a misdemeanor. The licensee under this Section, whether or not in direct control of an amusement center or the premises upon which said machines are located, may be charged under this Section for any violation thereof, by virtue of his responsiblity as licensee hereunder, and by virtue of his indirect control of the machines therein and premises, resulting from his being the licensee. PLYMOUTH ZONING ORDINANCE SECTION 4 - RULES AND DEFINITIONS SUBDIVISION A - RULES For the purpose of this Ordinance words used in the present tense shall include the future, words in the singular shall include the plural, and the plural the singular! the word "building" shall include the word "structure", the word "lot" shall include the word "plot", "piece," or "parcel": the word "person" shall include any firm, as- sociation, organization, partnership, trust, company or corporation as well as an individual: and the phrase "used for" shall include the phrases "arranged for", designed for", "intended for", "maintained for", and "occupied for". SUBDIVISION B - DEFINITIONS For the purpose of this Ordinance, certain terms and words are defined as follows: Accessory Building -- A subordinate building or portion of the main buildinq which is located on the same lot or parcel as the main building and the use of which is clearly incidental to those of the main use. Accessory Use -- A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use. Agriculture -- Shall be considered to mean the growing of soil crops in the custo- mary manner on open tracts of land, the raising of animals or poultry, except kennels and farms for disposal of garbage or offal: the term shall include Inci- dental retail selling by the producer of products raised on the premises, pro- vided that space necessary for parking of vehicles of customers shall be i furnished off the public right-of-way. Airport (Landing Strip, Heliport, or Aircraft Stop) -- Any premises which are used, or intended for use, for the landing and take -off of aircraft: and any appurten- ant areas which are used or intended for use of building incidental to aircraft services, together with all building structures thereon. Alley -- Any public space or thoroughfare less than 16 feet but not less than 10 feet in width which has been dedicated or deeded to the public for public use and designed to provide secondary property access. .f= Amusement Center - A business at one location which (a) is primarily devoted to the operation of amusement machines as defined in Section 1103 of the City Code and open for public use and participation: or, (b) has seven or more amusement machines as defined in Section 1103 of the City Code and is open for public use and participation. Amusement Centers shall be subject to the licensing require- ments set forth in the City Code. (Amended Ord. No. 82-08) Antenna—,Radio and Television -- Commercial, public or private broadcasting towers exceeding 100% (or two times) of the district height limitations or more than one tower in each installation of any height located on the same lot or parcel. 4-1 J CONDITIONAL USE PERMIT STANDARDS 0 FROM SECTION 9, SUBDIVISION A OF THE PLYMOUTH ZONING ORDINANCE 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion 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 con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and 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. 5) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. f OCT IN 19801 October 5, 1989 City of Plymouth Planning Department 3400 Plymouth Blvd. Plymouth, MN 55447 RE: File #89083 Charles Leininger This is to notify you that we are not in favor of Charles Leininger obtaining a permit to open an amusement center in the Video Wiz located at 4200 Lancaster Lane North. The reasons are as follows: 1. Increased noise leve: from the Four Seasons Shopping Center caused by: A. Teenagers/children "hanging out" in the mall, racing cars through the parking lot as well as up and down Pilgrim Lane. We have many very small children on Pilgrim Lane. B. Teenagers "hanging out" can '.•iad to potential problems with: 1. Vandalism in the shopping center. 2. Drug use, possibly a potential drug drop. 3. Litter in the shopping center and parking lot with pop cans, beer cans, etc. 4. Alcohol use. We feel there is too much noise presently with the traffic from highway 169 and Rockford Road. We don't need additional noise. We think the City should begin to think about putting up sound barriers along 169 on both sides to cut down on the noise from the ever increasing city traffic. Thank you for your consideration. Sincerely, Ja Jenkins Patricia Je •ins MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 6, 1989 TO: Planning CoWOVEMENTS embers FROM: Charles E.Community Development Coordinator SUBJECT: CAPITAL IMPPROGRAM1990-1994 Public Works Director Fred Moore will attend the Planning Commission meeting of October 11, 1989 concerning the subject. He will at that time distribute copies of the staff proposed 1990-1994 Program. Mr. Moore will review with the Planning Commission the contents of the proposed program and assist with any questions the Commissioners will have. A Public Hearing has been scheduled for October, 25, 1989 before the Planning Commission. At that time the Planning Commission will hear the commentary of the general public regarding the proposed Capital Improvements Program, and formulate a recommendation to the City Council on that program. pc/cd/cip:jw) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 5, 1989 TO: Planning Commission Members FROM: Blair Tremere, Community Development Director SUBJECT: STUDY OF ORDINANCE MINIMUM PARKING REQUIREMENTS FOR BANKS AND FINANCIAL INSTITUTIONS Last year the City Council authorized a professional analysis of the minimum parking requirements for retail uses and for shopping centers. That study led the staff and Commission to recommend certain changes to the minimum parking requirements for shopping centers and certain retail uses, and the City Council adopted amendments based on those recommendations. The firm, Barton-Aschman Associates, Inc., had been selected for the work primarily because they have done extensive studies with respect to municipal parking requirements. That study, conducted by Mr. Dean Wenger (deceased) indicated that further analysis of actual parking experiences with banks and financial institutions was warranted. That subject was beyond the scope of the overall study. The 1988 study was underwritten by three non-residential developers including Ryan Construction Company; earlier this year, Ryan Construction Company indicated a desire to underwrite the supplemental study regarding banks. That supplemental study has been completed and a copy is attached. The supplemental study was prepared by Mr. Dan Meyer of Barton-Aschman Associates, Inc. under direction from my office. The Commission should review this supplemental report and determine whether there is a basis for amending the Zoning Ordinance. I recommend that you read the report and discuss it at the next meeting. We seek direction as to whether amendments should be drafted and we will be prepared to discuss it in detail. It appears that the minimum requirements for freestanding banks could be reduced with the understanding that any other non-bank use on the premises and Page Two any drive up facility related to the bank would be calculated separately. It is also noteworthy that the Zoning Ordinance presents minimum standards that are not necessarily "ideal". I have tentatively scheduled a Public Hearing for consideration of possible amendment of the bank parking requirements at the October 25, 1989 meeting. That does not commit the Commission to necessarily take action at that time but it does assure that we can proceed if there is agreement that some amendments would be in order. I have attached background information including the current provisions of the ordinance which reflect the changes the Commission recommended and the Council adopted last year based on the more comprehensive report by Barton-Aschman. Please call me if you have questions or need further information. Attachment pc/bt/10-11:jw) PLYMOUTH ZONING ORDINANCE Section 10, Subd. B 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. 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/drivein 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 insuch a manner that vehicles waiting in line will not interfere with nor obstruct the primary driving and parking facilities on the site. 1. i 10-29 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B TABLE 2 CONTINUED - SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category Number Unit Non -Residence Total 1.0 2.5 approved seats a) Automobile, trailer, marine, Restaurants (Class II) implement, garden supply, building and material sales, 6.0 principle use, 500 sq. 1.0 auto repair 1.0 ft. floor area over 1,000 b) Bowling alley 5.0 per alley c) Car wash -automatic or self- 25.0 5) per lane in excess of 1 which are not in shopping centers service (Amended by Ord. No. 82-08) Amended Ord. No - d) Clinics 1.0 200 sq. ft. floor area e) Funeral homes 1.0 5 seats f) Furniture and appliance stores 1.0 400 sq. ft. floor area q) Office Buildings Gross Floor Area (GFA) Spaces Amended by Ord. No. 82-08) 0-20,000 Sq. Ft ---------------------- GFA / 200 20,001-220,000 Sq. Ft. --GFA / (.0005 X GFA + 190) Over 220,000 Sq. Ft ------------------ GFA / 300 h) Animal Hospitals Amended by Ord. 82-08) 4.0 500 Sq. Ft. floor area 1.0 over 1,000 Sq. Ft. i) Restaurants (Class I), 1.0 2.5 approved seats night clubs, clubs Restaurants (Class II) 1.0 2.5 approved seats 1.0 15 sq. ft. public service and counter area k) Free-standing retail and 10.0 1,000 sq. ft. floor area service establishments and banks which are not in shopping centers Amended Ord. No - 1) Service garages and manual 4.0 Stall in addition to car wash 2.0 gas pump area 10-32 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B TABLE 2 CONTINUED - SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category Number Unit m) Service garages for major 4.0 Stall in addition to aut+1.0 per stall n) Shopping Center 6.0 1,000 sq. ft. floor area Amended Ord. 88-25) o) All other commercial 10.0 1,000 sq. ft. floor area 1.0 each employee on major shift p) Theater, assembly hall, auditorium or sport arena 1.0 4 seats q) Warehousing 1.0 Two employees of the largest shift or 1.0 2,000 sq. ft. of floor area - whichever is greater r) Wholesaling 1.0 each employee on largest shift or 1.0 2,000 sq. ft. of floor area - whichever is greater 1.0 each company motor vehicle on premises s) Research, experimental or 1.0 each employee on major shift testing station or 1.0 each 500 sq. ft. floor area - whichever is greater t) Manufacturing or processing 1.0 each employee on major shift plant or 1.0 350 sq. ft. floor area - whichever is greater 1.0 each company motor vehicle on premises u) Motels, Hotels --excluding 1.0 Sleeping unit restaurants, night clubs, 1.0 Each day shift employee* etc. covered by this section 1.0 Forty sq. ft. of meeting and/or banquet rooms If the number of day shift employees is not known, the following formula may be used: one employee for each twelve sleeping rooms for establishments with less than 100 total sleeping rooms; one employee for each 16 sleeping rooms for establishments having over 100 total sleeping rooms. 10-33 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 6, 1989 TO: Planning Commission Members FROM: Blair Tremere, Community Development Director SUBJECT: DRAFT AMENDMENTS TO ZONING ORDINANCE REGARDING COMMUNITY-BASED RESIDENTIAL CARE FACILITIES The above mentioned items will be sent to you under separate cover for the October 11, 1989 Planning Commission meeting.