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HomeMy WebLinkAbout1302 - ADMIN Ordinance - City Council - 1975/10/06J ORIGINAL ORDINANCE NO. OCTOBER 6, 1975 8A 1302 AN ORDINANCE RELATING TO ZONING; ESTABLISHING THE DIVERSIFIED DEVELOPMENT DISTRICT; AMENDING THE ST. LOUIS PARK ZONING ORDINANCE NO. 730, SECTIONS 6:032 and 6:051, AND ADDING SECTION 6:059 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Seco 1. Ordinance No. 730, Section 6:032, Definitions, is amended by adding a section to read: -- Section 6:032.61 m Diversified Development District Guide Plan - The plan for a Diversified Development Distract, which may consist of a text and maps, describing generalized development of the "DDD" District. Sec. 2. Ordinance No. 730, Section 6:051, is amended to read: Section 6:051 - Districts - For the purpose of this Ordinance, the City of St. Louis Park is hereby divided into the folowing Use Districts and groups of Use Distracts: "R" DISTRICTS R-1 Single Family Residence District R-2 Single Family Residence District R-3 Two Family Residence District R-4 Multiple Family Residence District "B" DISTRICTS R -B Residence z Business District B=1 Neighborhood Business District B-2 General Business B-3 Business District "I" DISTRICTS 1-1 Industrial District 1-2 Industrial District 1=3 Industrial District "PUD" DISTRICT PUD Planned Unit Development District "DDD" DISTRICT DDD Diversified Development District Reference in thus Ordinance to "R," "B," "I," "PUD," and "DDD" Distracts shall refer to the Use District Groups as above set forth, and reference to specific • Use Districts shall be by reference to the individual districts listed above as °R-1,°' „R-2,°° and so forth. • • Flood Plaits District ` fru addition, there is hereby created the F-2, Flood Plain District which has specific zoning regulations superimposed upon the existing zoning districts and which supersede the underlying use district regulations only to the extenT, exvessed in the provisions of the Flood Plain District. In all other aspects, the regulations in the underlying zoning use districts are applicable. Sec. 3. Ordinance 730, is amended by adding Section 6:059 to read: Section 6059 - "DDD," Diversified Develo ment District Section 60059.1 - Purpose of the District. The purpose of the district is to allow diversified development over a relatively large area consistent - - with the Diversified Development- Guide -Plans for the district, to permit a variety of functionally related uses to be located in relatively close proximity to one another, thereby providing efficient and optimum use of the land, and improving accessibility while at the same time setting forth standards to ensure good design and aesthetics, protection of uses, and the minimizing of any adverse effect from utilitarian elements associated with development. The purpose is also to provide for the coordination of development plans with plans for transportation; open space, housing, shopping and for the conducting of business and related activities; and to permit flexibility in the place- ment and height of buildings, to allow the use of air rights over streets and other easements, to permit joint use of parking facilities, to achieve coordi- nated and harmonious development based on performance standards, and to ensure proper provisions for open space, transit, vehicular and pedestrian accessi- bility to properties, and for ingress and egress to major transportation facilities. Section 6:059,2. Uses Permitted b Special Permit. Within any "DDD," no structure or an. shall '•e used except for one or more of the following uses: 1. Townhouse housing 2. Cluster Housing 3. Multiple dwellings 4. Boarding houses 5. Nursing homes, rest homes or old people's homes, other similar uses, and hospitals for human care. 6. Senior Citizen housing 7. Private clubs and lodges which are not operated for a profit 8. Community Centers 9. Fraternity and Sorority houses 10. Swimming pools, private or public 11. Day nurseries and nursery schools 12. Private schools, colleges and universities 13. Antique or Wft shop 14. Appliance store T5. Art and school supply 16. Auto accessory store =2 `3 17. Auto repair - minor, when operated in conjunction with a motor fuel station 18. Bakery goods sales and baking of goods for retail sales on premises 19. Barber shop 20. Beauty parlor 21. Bicycle sales and repair 22. Books, office supplies and stationery store 23. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not the drive-in type of service, 24. Camera and photographic supplies 25. Carpet and rugs 26. Coin and philatelic store 27. Costume rental shop 28. Delicatessen 29. Drug Store 30. Dry cleaning service and laundry service, including incidental pressing and repairing, when the materials to be serviced are delivered to and picked up from the site by the retail customer 31. Dry goods store 32. Electrical appliance store 33. Employment agency 34. Florist shop 35. Frozen food store but not including a locker plant 36. Furniture store including upholstery when conducted as a secondary use 37. Furrier when conducted only for retail trade on the premises 38. Gift or novelty store 39. Glass, china or pottery store 40. Grocery, fruit or vegetable store 41. Hardware store 42. Haberdashery and ladies ready-to-wear 43. Hobby store including handicraft classes 44. Ice sales with storage not to exceed 5 ton, and coin operated machines 450 Interior decorating studio 46. Jewelry store and watch repair 47. Laundromat, self -serve washing and drying service 48. Leather goods and luggage store 49. Library 500 Meat market but not including the processing for a locker plant 51. Public transporation terminals 52. Musical instruments sales and incidental repair 53. Newsstand 54, Offices - business and professions 55. Paint, wallpaper sales 56. Photographer's studio 57. Pipe and tobacco shop 58. Plumbing, television, radio, electrical repair when operated as an accessory use to retail sales establishment 59. Postal or telegraph substation 60. Public utility collection office 61. Record shop 62. Restaurant, Class I, 11, 11I, IV 63. Sewing machine sales and service 3 • 64. Shoe store 65. Shoe repair 66. Sporting Goods 67. Tailor shop 68. Toy store 69. Travel bureau, transportation ticket office and taxi stands 70. Variety store, 5 and 10 cent store, and stores of a similar operating nature 71. Wearing apparel 72. Garden supply sales from within a completely enclosed principal building 73. Picture framing 74. Auto sales within a principal building 75. Convention halls and exhibition halls 76. Boat and marine sales 77. Bowling alleys, billiard and pool rooms, skating rinks, racquet club, spa, and health club, dance halls, gymnasiums, YMCA, YWCA, meeting halls, night clubs, on -sale liquor stores, fraternal organizations and similar uses, provided the structure in which the use is conducted shall not be located within 60 feet of any R-1, R-2, or R-3 District boundary line. 78. Business or trade schools 79. Diaper or hand laundry service, provided not more than 10 persons are employed 80. Locksmith 81. Medical and dental clinics 82. Motels, motor hotels, and hotels 83. Newspaper office, including printing 84. Motor fuel station 85. Orthopedic and medical supply 86. Off-street parking lot business 87. Pet shop provided the operation shall not include the boarding of pets, the maintaining' of pens outside of the structure or the operating so as to cause an offensive odor or noise. 88. Printing shop 89. Public utility structures 90. Physical culture and health service 91. Taxi terminal 92. Television and radio stations and transmitting towers 93. Tire and battery sales but not including battery re -building or tire recapping 94. Wholesale offices and show rooms 95. Banks and savings institutions 96. Funeral.home 97. Theatre, not of the drive-in type 98. Storage/warehousing (not more than 40% of principal building) 99. Artificial limbs manufacture 100. Camera and photographic supplies manufacture 101. Cartography and bookbinding 102. Electrical and electronic products manufacture 103. Electrical service shops 104. Engraving, printing and publishing, except operations which directly exhaust their solvent vapors to the outside - 4 - •\ 105. Jewelry manufacture 106. Medical, dental and optical laboratories 107. Small metal parts manufacture 108. Precision instruments manufacture 109. Surgical and laboratory products manufacture 110. Any incidental repair or processing necessary to conduct a business under a use listed above shall not exceed 30 percent of the floor space in the principal building. 111. The sale at wholesale, manufacture, fabrication or processing of any of the following articles or products: a. Musical instruments b. Office equipment c. Bakery goods d. Camera and photographic supplies e. Packaging previously prepared food stuff 112. Manufacturing, processing, and packaging of food products for human consumption, storage of raw materials, and processed products, providing the entire process takes place within a completely enclosed principal building. Section 6:059.3. Special Use Permit Required; Application; Exceptions. 1. Within any "DDD" there shall be no construction and/or expansion of buildings or structures nor shall any new land use be established or an existing land use expanded without obtaining a special permit. Application for a special permit shall include a site plan. 2. Applications shall comply with the provisions of the "DDD" (including the "DDD" Guide Plan), the Comprehensive Plan, and shall be compatible and appropriate with respect to permits issued or expected to be issued on or nearby adjacent sites. Special permits will be reviewed following the procedures established for review of special permits, with the exceptions listed in subparagraph 3 of this section. 3. Uses not Requiring Review by the Planning Commission and City Council. a. Construction, alteration, or removal of signs containing a total of 200 square feet of less. b. Expansion or modification of_an approved development authorized under the "DDD" regulations provided the following conditions are met: (1) The modification of the_use does not involve more than 10 percent of the gross floor area of the building. (2) The modification of the use does not consist of an expansion amounting to more than 10% of the approved gross floor area. (3) The modification of the use does not consist of a reduction of more than 10% of the approved floor space. (4) And when such expansion or modification of the use is consistent with all other sections of the ordinance. 5 c. Parking organization or layout which does not decrease the total number of spaces by more than 1 percent, unless such change is to correct a functional problem in which case such change shall not decrease the total number of spaces by more than 3 percent. d. Landscape plans when such plans are consistent with the quality, quantity, general type, general treatment, provisions for open space, and similar elements as contained on the approved plan issued under the provisions of this district. e. Temporary uses of land for a period not to exceed 90 days. The Planning Director may issue a use permit for the uses listed in this Subsection, if, after reviewing the application and the proposal for conformance to the provisions of this district, the Comprehensive Plan and the previously approved plan for the subject site and/or adjacent property, he finds that the application and plan are consistent with the Comprehensive Plan, the provisions of the Diversified Zoning District and previously approved plans for the subject property and nearby and/or adjacent property. If the Planning Director determines that the necessary conditions exist for granting the use permit, he shall file written findings in support of such determination with the certificate of use. If it is determined that the conditions necessary for approval do not exist, the Planning Director°s written findings and action in denying the application shall be similarly filed and a copy sent to the applicant. 4. An applicant may appeal the action of the Planning Director by re- submitting a written request that the request be considered by the Planning Commission and City Council, in which case the review pro- cedures applicable to the review of special permits would then be followed. Section 6:059.4 Performance Requirements/Development Standards. Applications for a special permit shall a in compliance with the standards of this section. 1. Residential Density: At least 1,000 square feet of lot area shall be provided for each dwelling unit, except in senior citizen housing which shall provide 900 square feet of lot area per dwelling unit, boarding houses which shall provide 600 square feet of lot area for each person to be accommodated, nursing homes, rest homes or old people homes and other similar uses which shall provide 400 square feet of lot area for each person to be accommodated, and motels, motor hotels and hotels which shall provide 500 square feet of lot area per unit. 2. Residential BuildingRequirement: All dwelling units shall be at or above grade of all and abutting the structure within a distance of 25 feet from all faces of the building. 3. Required Open Space/Plazas: (a) Residential m Each lot shall contain at least 400 square feet of usable open space for each dwelling unit contained thereon, and 250 square feet of usable open space for each person included in group living quarters, including senior citizen housing. Within this section, rooftops, garage decks and similar surfaces having a minimum dimension of 20° x 20°, and which otherwise meet the requirements of usable open space, shall be permitted to be developed for usable open sapce. Usable balcony space accessible from within a residential unit may be counted as part of the required open space. Tg_ (b) Office/Commercial/industrial - Each lot shall contain usable open space/plazas at the ratio of .12 times the gross floor area of all the structures on the lot; however, such space shall not be less than 12 percent of the total lot area. (c) Da nurseries and nursery schools - Shall provide 40 square feet of outside p ay space per pupil and such space shall be adequately fenced and screened. 4. Floor Area: There shall be no limitation on floor area. Development s aJ a consistent with the Diversified Development Guide Plans for the area. 5. Building Height: There shall be no limitation on building height. Height shall be compatible with the Diversified Development Guide Plans adopted for the area and compatible with other structures in the area. 6. Parking: Parking as required in Section 6°172.4 may be reduced where it can be demonstrated that such reduction is justified due to joint use of facilities for dissimilar uses, provisions for transit facilities to serve the planned development, or other factors having impact on parking demand and capacity. 7. Parking Lots and Structures: Parking lots and structures shall be designed to provide efficient parking taking into account the utilitarian function of this activity. Such parking shall be screened from view, integrated within the buildings or provided underground where appropriate. All surface parking areas shall be appropriately landscaped to break up the monotony of such parking. At least 5 percent of the interiors of all surface parking areas shall be landscaped with each landscape break occurring approximately every 20 spaces. Provisions for pedestrian move- ment into and through parking lots where required shall be included with appropriate pattern pavement, lighting, and associated facilities. Grades in parking lots shall not exceed 4 percent and perimeters of parking lots shall be screened with landscaped hedges or decorative walls where appropriate. All parking areas shall be surfaced with a minimum of 12 inches of asphalt in a suitable base or 6 inches on non -reinforced concrete. Drainage shall be approved by the Director of Public Works. 8. Loading Docks: All existing loading docks shall be screened from view of adjacent property where abutting property is used or intended to be used for commercial or residential purposes. Access 1to'such loading areas shall be adequate to provide proper maneuverability of the antici- pated traffic, and such access shall not conflict with pedestrian circulation patterns and other uses of the property in the area. New loading docks shall be enclosed. 9. Transit: Loading and unloading facilities and transfer points shall be designed to meet the performance standards of the area and shall be approved by special permit. Developments in the area are to take into account the needs for transit and transit rider and related pedestrian ways. Development of transit facilities and transit plazas is to be done on a cooperative basis with property owners, the City, and MTC all participating. 7 10. Trash Facilities, Propane Gas Tanks, Utility Terminals, Transformers, Meterin. Devices, Holdin• S stems, and other Accessor E•ui•men t annd' fuctureso Trasstorage facilities, propane tanks and other accessory equipment and structures should not be visible to the public nor shall they occupy locations that are in conflict with pedestrian movement, use of courts and plazas, setback areas and the like. Vehicular access to such facilities shall be appropriately located to minimize any conflicts with other land uses and circulation. 11. Architectural Controls: All new buildings, structures and remodeling of eit er eyisting or new buildings shall take into account to a reason- able extent compatibility with provisions in the "DDD" Guide Plan relating to the architectural quality of structures to be constructed in the "DDD." Elements of compatibility include, but are not limited to: building form and mass, exterior materials and their appearance and durability, land- scaping, exterior lighting and site improvements. 12. Screenin of Roofto E ui ment: All rooftop equipment shall be designed to minimize undesira e views and forms when viewing rooftops from higher elevations or abutting property. Screening shall be accomplished through the use of architectural elements and materials which are con- sistent with the building design and architectural controls of the area. After the mapping of this district, all existing rooftop equipment on property included in the "DDD" must be screened within 550 days after said property is included in the district, unless a special permit providing for additional time or modification of this requirement is approved. 13. Sign Control: Signs are to be integrated with the building design and architecture in terms of the materials and placement of such sign. Bill- boards and rooftop signs are prohibited. Free-standing signs shall not exceed 20 feet in height, nor shall any free-standing sign Contain more than a total of 200 square feet of sign area. The provisions of Section 6:171 are guidelines for signs in this District but are not strictly applicable. All street signs and other public informational -type signs will be coordinated and integrated with the street furniture. Signs shall be included as part of site and elevation plans for a development and shall be approved as an exhibit of the special permit. Illuminated signs shall be lighted from within or indirectly and said sign lighting shall not be arranged so as to have its light directly penetrate into residential uses. Sign design standards are established to give the area and sub -areas __ adequate identification as a unit. Individual identification of all the various businesses and activities when directed toward the passing automobile, is undesirable and signs specifically designed for that purpose shall not be approved. The entire area shall be designed and developed to have one overall image as well as an image for the various sub -areas. 14. Building Types/Mixed Uses: Mixed occupancy buildings shall be permitted such as retail, office, and residential combinations, transient and per- manent residential, townhouse and apartment and other similar combinations. Construction shall meet two-hour fire ratings, and sprinkling systems are encouraged in all buildings and structures other than single family and townhouse. 15,E Landscape Berms: Landscape -berms shall be used to reduce noise, improve views, and to produce other environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust reduction and to separate incompatible uses and control drainage. 16, Ground Coverage and Building Setback: There shall be no limitation on ground coverage. Buildings shall be so designed so that there is open site distance in a triangle at street intersections from points 80 feet back on each intersecting street as measured along the intersecting centerlines. 17. Pedestrian Ways/Skyways: Buildings shall be designed with proper provision and orientation for the pedestrian way/skyway system to serve and link development. 18. Protection of Views: Buildings shall be designed and oriented so as not to detract from one another or to unduly restrict views to open spaces, malls, and vistas. 19. Vibration: Any use creating vibrations, such as are created by heavy drop forges, or heavy hydraulic surges, or devices which cause a dangerous high frequency vibration, shall be prohibited if such vibrations are perceptible or destructive beyond the walls of the immediate structure. 20. Screening. Any industrial use abutting to a residential use shall pro- vide and maintain a wall, fence or planting so as to screen and reduce the noise and dust between the two uses and to inhibit eye level vision between the residential and industrial areas. 21. Glare or Heat: Any operation producing intense glare or heat shall be performed within an enclosure so as not to be perceptible at the property linea 22. industrial Waste Material: All liquid and solid wastes shall be identified in all processes and operations and approved disposal methods identified. All waste discharged to the sanitary sewer shall meet the requirements of the City and the Rules and Regulations of the Metropolitan Sewer Board. All proposed discharges to the storm sewer shall be identified. No waste will be permitted to be discharged into the storm sewer system, provided, that this does not exclude storm drainage, cooling water and other water not prohibited by any law, rule, regulation, or ordinance. Storm drainage shall meet the requirements of all State laws, rules, regu- lations, watershed districts requirements, and City requirements. Storm water drainage shall be protected from undue pollution and contaminants. All solid wastes must be identified and handled in compliance with Federal, State, and local requirements. 23. Noise: Noise levels inside of all buildings and outside all buildings must meet Federal, State, and local requirements. 24. Air Pollution: All emissions shall meet Federal, State and local requirements. 25. Li htin : Lighting shall be designed to provide adequate safety for . pedestnaans and vehicle movement. Lighting shall be directed toward the ground and shall be so adjusted that light rays do_not penetrate directly into residential uses. Ornamental lighting fixtures and standards shall be utilized. Section 6:059.5. "DDD" Guide Plan; Amendments. A "DDD" Guide Plan shall be adopted by the City Council for each "DDD" in the same manner as amend- ments are adopted to this Zoning Ordinance. Amendments may be made to a "DDD" Guide Plan by the same procedure. Applications for a special permit shall be in compliance with the development guide plan. Section 6:059.6. Nonconforming Uses. The provisions of Section 6:042, Non- conforming Uses, are applicable in this District, except that a permit may be granted to a nonconforming use if all of the following conditions are met: 1. The modification of the use does not involve more than 10 percent of the gross floor area of the building, 20 The modification of the use does not consist of an expansion amounting to more than 10 percent of the approved gross floor area, 3. When the expansion or modification of the use is otherwise consistent with the sections of the Ordinance, 4. And, when such modification or expansion of the use eliminates an adverse effect or condition which is inconsistent with the "DDD" or the approved plan for the area, and/or when such modification is determined to result in an improvement consistent with the objectives of the area and the total use of the site, and/or when such modification would lead to a more rapid implementation of the plan objectives while providing good aesthetics and functionality during the interim (time period between the non- conforming use and a conforming use of the property). Section 6:059.7. Use and Reuse of Property after the "DDD" boundaries are Mapped. Uses constructed un er t e provisions of the zoning ordinance in effect prior to the establishment of the boundaries of a "DDD" may be used for such purposes as originally allowed in the construction permit and Certificate of Occupancy for such property. -10- Section 6:059.8. The al Uses of Property Not Validated. Any use of property II or buildings or t e placement of structures on land which is in violation of any provision of the Zoning Ordinance at the time of passage of an ordinance establishing it in a Diversified Development District shall remain in violation of the Zoning Ordinance until such time as a new permit is issued in conformance with the provisions of the Diversified Development District Ordinance. Sec. 4. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council Octo'•r 6, 1975. Attest: Reviewed for administration: nager Approved as to form and legality: City ttorney cmc..,