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")
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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
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4) One
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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
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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.