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HomeMy WebLinkAbout1258 - ADMIN Ordinance - City Council - 1974/04/15ORIGINAL ORDINANCE NO. 1258 AN ORDINANCE RELATING TO ZONING, ADDING TO ORDINANCE 730 SECTION 6:057; AND AMENDING ORDINANCE 730, SECTIONS 6:093, 6:111, 6:121, 6:122, 6:152, 6:162, 6:191 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Ordinance 730, is amended to add a Section 6:057 to read: Section 6:057 - Restaurant Classification and Requirements. Section 6:057.1. Classification - Restaurants are divided into five classes. If a restaurant offers services which cause it to meet the definition of more than one restaurant class, the restaurant shall be classified in the most restrictive classification, regardless of the amount of the various uses involved. Subd. 1. Restaurant Class I: A sit-down restaurant with on -sale liquor, serving food to its customers while seated at tables. Personalized, printed menus are used and the food is served on multiple use utensils. There may be some take-out service but the food is not previously packaged. Subd. 2. Restaurant Class II: A sit-down restaurant without on -sale liquor but otherwise providing the services of a Restaurant Class I. Subd. 3. Restaurant Class III: A cafeteria which is a sit-down restaurant. Food is selected by the patron while going through a serving line. The patron takes his food to a table where it is eaten. Multiple use utensils are used. There may be some take-out service but the food is not previously packaged. Subd. 4. Restaurant Class IV: A fast food or drive-in restaurant that does not permit eating outside on the premises. This restaurant specializes in foods prepared or nearly prepared in advance and which are sold directly to the patron at a counter and not served by a waiter. The food is often partially packaged before the order is taken. The food is essentially served packaged or served in single service materials (paper or plastic). The patron may have the option of eating inside the building or off the premises. Subd. 5. Restaurant Class V: A fast-food or drive-in restaurant that allows eating outside on the premises. Thisrestaurantprovides the services of a restaurant Class IV but also includes eating outside of the building on the premises. Section 6:057.2. Site Development Standards - All restaurants are subject to the following site development standards: Subd. 1. Site Layout. The site layout must be compatible with and not detrimental to other surrounding property in the general area and it must make adequate provision for: a. The needs of pedestrians, automobiles and bicycles, including proper circulation and parking. • b. Use of existing topography and site vegetation in the location and orientation of structures and other facilities. c. Traffic conditions. d. Transitional features and decorative walls or live hedges for separation and screening purposes. e. Views to and from the site. f. Storage of trash in the principal building or in an accessory building of architecture and materials identical to the principal building. Planted parking islands to control parking and traffic circulation where appropriate, and landscape breaks in areas intended for the parking of approximately 20 cars in a row. g. h. Proper drainage of the site. i. Location of curb cuts so that no cuts exist closer to an intersection than 30 feet from the point of intersection of the setback lines adjacent to intersecting streets. j. Relating the use of the site to existing and proposed uses of other abutting properties. Subd. 2. Landscaping. At least 5 percent of the site shall have diversified landscaping in addition to the landscaping of all required setback areas for free-standing, detached structures. All landscaped areas are to be developed with live deciduous and coniferous plants, trees and shrubs which provide a variety of color, textures, heights, and form consistent with the needs of the site and other elements of the plan. All trees are to be at least 2 1/2 inches in diameter one foot off the ground at the time of planting. The landscaped areas may contain some stone, wood, patio blocks, sculpture, and othe_ appropriate ornamental features. Subd. 3. Building Architecture. All structures must be compatible with and not detrim-ntal to other surroundiLg prope'-ty. Elemc-its of compatibility include but are not limited to building form and mass, the appearance and durability of exterior materials, and exterior lighting. Section 2. Ordinance 730, Section 6:093 is amended to read: Section 6:093.11. Gift shop, barber shop, valet shop, pipe and tobacco shop and news stand any one of which uses shall not exceed 1,500 square feet; and restaurant Class II, III, and IV, drug store, delicatessen and grocery store, and any one of which uses shall not exceed 4,000 dquare feet, provided, however, the total area in retail sale and service uses by combining any two or more of such uses, shall not exceed 5,000 square feet of floor area. Such accessory uses shall be primarily for the convenience of the tenants and visiting public, pro- vided that such uses are located within a principal building containing at least 50,000 square feet of floor area in office use, a part of a multi -family complex containing 500 dwelling units under the same ownership, or a hospital. There shall be no advertising or display visible from outside the building. - 2 - • Section 3. Ordinance 730, Section 6.111 is amended to read: Section 6.111.2, Subd. 51. Off -sale liquor stores. Section 6.111.3(2). Restaurants: Class II and Class III. Section 4. Ordinance 730, Section 6.121, is amended to read: Section 6:121.3, Subd. 6. Bowling alleys, billiard and pool rooms, skating rinks, dance halls, gymnasiums, YMCA, YWCA, meeting halls, on -sale liquor stores, fraternal organizations and similar uses, provided the structure in which the use is conducted shall not be located within sixty (60) feet of any "R-1," "R-2," or "R-3" District boundary line. Section 5. Ordinance 730, Section 6:122, is amended to read: Section 6.122.17. Restaurant; Class I, II, III and IV; except that Class IV shall not be permitted on premises abutting Minnetonka Boulevard, Louisiana Avenue, Cedar Lake Road, and Lake Street within 500 feet of Minnetonka Boulevard and shall not be permitted in all property in Shelard Park or other planned development units unless such use is planned as an integral part of a total planned development and designed for walk-in patrons rather than auto - oriented patrons. Section 6. Ordinance 730, Section 6:152, is amended to read: Section 6:152.6. Restaurant; Class I, II, and III. Section 7. Ordinance 730, Section 6:162, is amended to read: Section 6:162.3. Restaurant Class I, II, and III. Section 8. Ordinance 730, Section 6:191, is amended to read: Section 6:191 - General - The City Council may by resolution grant Special Permits for uses and purposes elsewhere in this ordinance provided, and may impose conditions and safeguards in such permits to protect the Comprehensive Plan in harmony with the general purpose and intent of this ordinance and the Comprehensive Plan. Applications for special permits shall include a site plan. Section 9. Effective Date. This ordinance shall take effect fifteen days after its publication. jest: 0 y Clerk Adopted by the City Counci APR 1 5 1974 7 or Po -7 4 rob-- i Approved as to fo and legality: 5::) City torney - 3 - • 6601 W. 78th St. SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN State of Minnesota 1 County of Hennepin j SS. Bloomington, M public notices (Official Publication) ORDINANCE NO 1258 AN ORDINANCE RELATING TO ZON- ING, ADDING TO ORDINANCE 730 SECTION 6 057, AND AMENDING ORDINANCE 730, SECTIONS 6 093, 6 111,6 121,8122,6 152,6 162,6 191 THE CITY COUNCIL OF ST LOUIS PARK ORDAINS Section 1 Ordinance 730, is amended to add a Section 6 057 to read , Section 6 057 - Restaurant Classifica- tion and Requirements Section 6 057 1 Classification - Restau- rants are divided into five classes If a restaurant offers services which cause it to meet the definition of more than one wines( restaurant class, the restaurant shall be classified m the most restrictive classifi- cation, regardless of the amount of the various uses involved Subd 1 Restaurant Class I A sit- down restaurant with on -sale hquor, serving food to its customers while , seated at tables Personalized, print- ed menus are used and the food is ' served on multiple use utensils , There may be some take-out service j but the food is not previously pack- , aged Sabd 2 Restaurant Class II A sit- down restaurant without on -sale li- quor but otherwise providing the ser- vices of a Restaurant Class I Sabd 3 Restaurant Class III A cafe- tena which is a sit-down restaurant J R RITCHAY, being duly sworn, on oath says he is and during all times here stated Food s selected by the patron while been the vice president andprinter of the newspaper going through a sernngt tine The p per known as The St Louis Park Sun s patron takes itis food to a table where has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in I it is eaten Multiple use utensils are English language in newspaper format and in column and sheet form equivalent in pin used There may be some take-out space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at It service t the food is not previously packaged once each week (3) Said newspaper has 50% of its news columns devoted to news of It Subd 4 Restaurant Class IV A fast i est to the community which it purports to serve and does not wholly duplicate any of food ordrive-in rnestaurant ethat does anon and is not made up entirely of patents, plate matter and advertisements (4) E. pirremisesirT is rresttaurantdspecial z- paper is circulated in and near the municipality which it purports to serve, has at li es in foods prepared or nearly pre - copies regularly delivered to paying subscribers, has an average of at least 75% of its t pa in advance and which are sold circulation currentlydirectly to the patron ata counter paid or no more than three months in arrears and has entry as second -c' and not served by a waiter The food matter m its local post -office (5) Said newspaper purports to serve the City of St Louis P orderes aakenlly6 Ckageddbefoet e in the County of Hennepin and it has its known office of issue in the City of Bloomingtor served packaged or served in single said county, established and open during its regular business hours for the gathering of ne service materials (paper or plastic) sale of advertisements and sale of subscriptions and maintained by the managing officer The patron may have the option of i eating inside the building or off the persons in its employ and subject to his direction and control during all such regular busu premises hours and devoted exclusively during such regular business hours to the business of the ne Sabd 5 Restaurant Class V A fast - issue immedia food or drive-in restaurant that al - 1 ti t d N paper and business related thereto (6) Said newspaper files a copy of each with the State Historical Society (7) Said newspaper has complied with conditions for at least two years preceding the day or dates of publication (8) Said newspaper has filed with the Secretary of State of Minnesota prior and each January 1 thereafter an affidavit in the form prescribed by the and signed by the publisher of said newspaper and sworn to before a notary the newspaper is a legal newspaper lows ea ng ou si a on a premises all the forego This restaurant provides the services mentioned be] of a restaurant Class N but also in- to January1, cludes eating outside of the building on the premises Secretary of S Section 6 057 2 Site Development public stating Standards - ej1I restaurants are subject to the following site development standards Sabd 1 Site Layout The site layout must be compatible with and not det- rimental to other surrounding prop- erty in the general area and it must make adequate provisions for a The needs of pedestrians, au- tomobiles and bicycles, includ- ing proper circulation and park- ing b Use of existing topography ap-site vegetation in the loca- 'iion and orientation of struc- tures and other facilities c Traffic conditions d Transitional features and dec- orative erorative walls or bve hedges for separation and screening pur- poses e Views to and from the site f Storage of trash in the princr- He further states on oath that the printed Ordinance No. 1258 hereto attached as a part hereof was cut from the columns of said newspaper, and was prti� and published therein in the English language, once each week for one successive we that it was first so published on Thure the 18 was thereafter printed and published on every day of April , 19 pal building or in an accessory building of architecture and matenals identical to the princi- pal building g Planted parking islands to control parking and traffic sur - to and mclu 'culation where appropriate, and landscape breaks in areas in- tended for the parking of approx- imately 20 cars in a row h Proper drainage of the site u Location of curb cuts so that no cuts exist closer to an in - b tersection than 30 feet from the point of intersection of the set- badt hnes adjacent to intersect- ing streets l Relating the use of the site to existing ands proposed uses of other abutting properties Sabd 2 Landscaping At least 5 per- cent of the site shall have diversified landscaping in addition to the land- scaping of all required setback areas for free-standing, detached struc- tures All landscaped areas are to be developed with live deciduous and coniferous plants, trees and shrubs which provide a variety of color, tex- tures, heights, and form consistent with the needs of the site and other elements of the plan All trees are to be at least 21/2 inches in diameter one foot oft the ground at the time of planting The landscaped areas may contain some stone, wood, patio blocks, sculpture, and other appro- priate ornamental features Sabd 3 Building Architecture All structures must be compatible with and not detrimental to other sur- rounding property Elements of compatibility include but are not hm- , ited to building form and mass, the appearance and durability of exterior materials, and exterior lighting Section 2 Ordinance 730, Section 6 093 is amended to read Section 6 093 11 Gift shop, barber shop, valet shop, pipe and tobacco shop and news stand any one of which uses shall not exceed 1,500 square feet and restaurant Class II III, and N, drug store, delicatessen and grocery store, and any one of which uses shall not exceed 4,000 square feet provided, however, the total area in retail sale and service uses by combining any two or more of such uses, shall not exceed 5,000 square feet of floor -area Such accessory uses shall be ' primarily for the convenience of the ten- _ ants and visiting pubbc, provided that such uses are located within a principal building containing at (east 50,000 square feet of floor area in office use, a part of a multi -family complex containing 500 dwelling units under the same ownership, or a hospital There shall be no advertis- ing or display visible from outside the the day of 19 _ and that the following is a printed of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as the size and kind of type used in the composition and publication of said notice, to -wit. abcdefghtj klmnopgrstuvwxyz abcdefghpklmnoggrstuvwxvz Subscribed and sworn to before me this 18 day of April , 19! G M Vest, Notary Public, Hennepin County, Minn My Commission Expires April 18th, 1979 meeting balls, on -sale liquor stores, fra- ternal organizations and similar uses, provided the structure to which the use is conducted shall not be located within si- xty (60) feet of any "R -I," "R-2," or "R- 3' District boun(lary hne _ Section 5 Ordinance 730, Section 6 122, is amended to read Section 6 122 17 Restaurant, Class 1, II, HI and IV, except that Class IV shall not be permitted on premises abutting Minnetonka Boulevard, Louisiana Ave- nue, Cedar Lake Road, and Lake Street within 500 feet of Minnetonka Boulevard and shall not be permitted in all property in Shelard Park or other planned develop- ment units unless such use is planned as an integral part of a total planned devel- opment and designed for walk-in patrons rather than auto -oriented patrons Section 6. Ordinance 730, Section 6 152, is amended to read Section 6 152 6 Restaurant, Class 1, 1I, and III Section 7 Ordinance 730, Section 6 162, is amended to read Section 6 162 3 Restaurant Class I, II, and 11I Section 8 Ordinance 730, Section 6 191, is amended to read Section 6 191- General - The City Coun- cil may by resolution grant Special Per- mits for uses and purposes elsewhere in this ordinance provided, and may impose conditions and safeguards in such permits to protect the Comprehensive Plan in harmony with the general purpose and intent of this ordinance and the Compre- ' hensive Plan Applications for special permits shall include a site plan - Section 9 Effective Date This ordi- nance shall take effect fifteen days after its pubhcation Adopted by the City Council April 15, 1974 /s/FRANK FLEETHAM Mayor Attest _ EARL E HANSON City Clerk Approved as to form and legality WAYNE POPHAM City Attorney Reviewed for administration CHRIS CHERCHES City Manager (April 18,1974)—SLP NIM - NIM 1, f, R File No Affidavit of Publication SI LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of 4b •