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HomeMy WebLinkAbout1371 - ADMIN Ordinance - City Council - 1977/06/064 June 6, 1977 8a ORDINANCE NO. 1371 AN ORDINANCE RELATING TO ZONING, ESTABLISHING THE DIVERSIFIED DEVELOPMENT DISTRICT: AMEND- ING THE ST. LOUIS PARK ZONING ORDINANCE NO. 730, SECTIONS 14-104, 14-124, 14-201(10 & 11), 14-220(7); AND ADDING SECTION 14-215.101-105 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. Ordinance No. 730, Section 14-104, Definitions, is amended by adding to read: (61) Diversified Development District Guide Plan - The plan for a Diversified Development District, which may consist of a text and maps describing permitted uses, special permit uses, and generalized development of the "DDD" District. (67) Site Plan Approval - A process and review of site plans for development not subject to special permit review procedures and as outlined in Section 14-215. 101-105. Sec. 2. Ordinance 730, Section 14-124, "DDD," Diversified Development District is amended to read: Section 14-124. DDD. Diversified Development District. (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 Plan 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 esthetics, protection of uses, and the minimizing of any adverse effect from utilitarian elements associated with development. f f 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 placement 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 coordinated and harmonious development based on performance standards, and to ensure proper provisions for open space, transit, vehicular and pedestrian accessibility to properties, and for ingress and egress to major transportation facilities. (2) Uses Permitted and Special Permit Uses. Within any "DDD" no structure or land shall be used except for one or more of the uses permitted in the DDD Guide Plan for the particular property. In each DDD District, the Guide Plan shall indicate the location of the predominant land uses. Each such area shall be specifically defined in the Guide Plan. The Guide Plan, which is a part of the ordinance applicable to such area, shall specify permitted and special permit uses within the predominant land use area, as well as specifying and defining land uses, circulation, development objectives, and other relevant issues for development of the area. (a) Except as provided for in Section 14-124(3)(c), 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 or Site Plan Approval whichever is applicable based on the Guide Plan. Application for a special permit shall include a site plan and be in accord- ance with Section 14-210. Applications for Site Plan Approval shall be in accordance with Section 14-215.101. (b) 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 c of this section. (c) Uses Not Requiring Review by the Planning Commission and City Council: (i) Construction, alteration, or removal of signs con- taining a total of 200 square feet or less, except billboards. (ii) Expansion or modification of an approved development authorized under the "DDD" regulations provided the following conditions are met: I f 1 (1) "Where the modification of the use is confined to interior building space involving permitted uses only, which do not alter parking require- ments, shipping and receiving facilities, or exterior changes to the building." (2) The modification does not increase the lot coverage by more than 10% or 2,000 square feet whichever is less. (3) "Where the Planning Director determines that the proposed development is of a nature not to merit review of the Planning Commission and Council wherein such proposals will have no material impact on the subject properties or contiguous areas." (4) And when such expansion or modification of the use is consistent with all other sections of the ordinance. (iii) 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. (iv) 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. (v) 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 and/or adjacent property, he finds that the applica- tion 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 applica- tion shall be similarly filed and a copy sent to the applicant. (d) An applicant may appeal the action of the Planning Director by resubmitting a written request that the request be considered by the Planning Commission and City Council, in which case the review procedures applicable to the review of special permits or Site Plan Approval would then be followed. (3) Performance Requirements/Development Standards. Applications for a special permit or Site Plan Approval shall be in con- formance with the standards of this section. (a) 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 acoommodated, 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. (b) Residential Building Requirement: All dwelling units shall be at or above grade of all land abutting the structure within a distance of 25 feet from all faces of the building. (c) Required Open Space/Plazas: (i) Residential - 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 space. Usable balcony space accessible from within a residential unit may be counted as part of the required open space. -4- (ii) 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. (iii) Day nurseries and nursery schools - Shall provide 40 square feet of outside play space per pupil and such space shall be adequately fenced and screened. (d) Floor Area. There shall be no limitation on floor area. Development shall be consistent with the Diversified Development Guide Plans for the area. (e) Building Height. There shall be no limitation on building height. Height shall be compatible with the Diversified Development Guide Plan adopted for the area and compatible with other structures in the area. (f) Parking. Parking as required in Section 14-187(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. (g) 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 aopropriate. All surface parking areas shall be appro- priately 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 movement 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 appro- priate. `A11 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. f (h) 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 to such loading areas shall be adequate to provide proper maneuverability of the anticipated 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. (i) 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. (j) Trash Facilities, Propane Gas Tanks, Utility Terminals, Transformers, Metering Devices, Holding Systems, and other Accessory Equipment and Structures. Trash storage 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. (k) Architectural Controls - Site Plan. All new buildings, structures and remodeling of either existing or new buildings shall take into account to a reasonable 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, landscaping, exterior lighting and site improvements. Site plans shall be prepared by the applicant demon- strating with graphics and text the proposed use of the property. Such site plan shall take into account to a reasonable extent compatibility with provisions of this Ordinance, the DDD Guide Plan, relating to architectural compatibility and quality of structures in contiguous areas. Site plans shall include a complete delineation and explanation of the proposed improvement of the property, building locations, building mass, building materials, and architectural features, access and egress, parking, open space, exterior lighting, screening pro- visions for loading if applicable, and landscape plans, including grades, surface treatment of all the property and plant species, number and sizes. -6- f 1 (1) Screening of Rooftop Equipment. All rooftop equipment shall be designed to minimize undesirable 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 consistent with the building design and architectural controls of the area. (m) Sign Control. Signs are to be integrated with the building design and architecture in terms of the materials and placement of such sign. Billboards and rooftop signs are prohibited. 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 eleva- tion plans for a development. (n) Building Types/Mixed Uses. Mixed occupancy buildings shall be permitted such as retail, office, and resi- dential combinations, transient and permanent resi- dential, townhouse and apartment and other similar combinations. Construction shallmeet two-hour fire ratings, and sprinkling systems are encouraged in all buildings and structures other than single family and townhouse. (o) 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. Ground Coverage and Building Setback. There shall be no limitation on ground coverage. Buildings shall be so designed so that there is opensight distance in a triangle at street intersections from points 80 feet back on each intersecting street as measured along the intersecting centerlines. (q) Pedestrian Ways/Skyways. Buildings shall be designed with proper provision and orientation for the pedestrian way/skyway system to serve and link development. (r) 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. (p) (s) 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. (t) Screening. Any industrial use abutting to a residential use shall provide 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. (u) 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 line. (v) Industrial Waste Material. All liquid and solid wastes shall be identified in all processes and operations and approved disposal methods identified. All waste dis- charged to the sanitary sewer shall meet the require- ments 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 law, rules, regula- tions, watershed district 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. (w) Noise. Noise levels inside all buildings and outside all buildings must meet Federal, State, and local requirements. (x) Air Pollution. All emissions shall meet Federal, State and local requirements. (y) Lighting. Lighting shall be designed to provide adequate safety for pedestrians and vehicle movement. Lighting shall be directed toward the ground and shall be so ad- justed that light rays do not penetrate directly into residential uses. Ornamental lighting fixtures and standards shall be utili-zed. •(4) -"DDD" Guide Plan, Amendments. A "DDD" Guide Plan shall be adopted by the City Council for each"DDD"i n—the—same-- - manner:as amendments are adopted to this Zoning Ordinance. Amendments may be made to a "DDD" Guide Plan by the same procedure. -- - - - - - (5) Nonconforming Uses. The provisions of Section 14-106,Non- conforming Uses, are applicable in this District, except that a building permit may be granted to a nonconforming use if all of the following conditions are met: (a) The modification of the use involves no more than 10 percent of the gross floor area of the building, (b) The modification of the use consists of an expansion amounting to no more than 10 percent of the approved gross floor area, (c) When the expansion or modification of the use is otherwise consistent with the sections of the Ordinance, (d) 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 objec- tives 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 esthetics and functionality during the interim (time period between the non -conforming use and a conforming use of the property). (6) Use and Reuse of Property after the "DDD" boundaries are Mapped. Uses constructed under the provisions of the Zoning Ordinance in effect prior to the establishment of the bounda- ries of a "DDD" may be used for such purposes as originally allowed in the construction permit and Certificate of Occupancy for such property. (7)- --I-1 l egal--Uses -of -Property—Not—Vali-dated: -Any use of property or buildings or the 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. -9- f r 1 Sec. 4. Ordinance No. 730 is amended by adding Section 14- 215.101-105. Section 14-215.101. General - The City Council declares it necessary and appropriate to initiate a provision of requiring Site Plan Approval of development in certain districts to preserve and promote attractive, well- planned stable development not subject to special permit review and action for property located in the "DDD" district. The Council may, by resolu- tion, grant approval of a Site Plan Approval application and may impose conditions and safeguards to protect the adopted plan of the area and the City and to insure harmonious development consistent with the general purpose and intent of this ordinance and the City's Comprehensive Plan. Applications for Site Plan Approval shall be on the form provided by the City and shall contain a site plan. The City Council may not deny an application for a site plan approval because of the particular permitted use which is maintained or proposed by the applicant nor shall the City Council impose unreasonable condi- tions because of objection to the permitted use; however, the City Council may take into consideration the impact of the site plan in determining its reasonableness. In those instances where the property of an applicant is improved with an existing permitted use, the Council shall take into consideration the existing building design, site improvements, and existing site plan in considering the adequacy of the site plan application. Section 14.215.102. Referral to Planning Commission - Before authoriza- tion of the City Council for any Site Plan Approval, the request therefor shall be referred to the Planning Commission for review. Said review shall include: interrelationship with the plan elements to conditions both on and off the property; conformance to the adopted plan for the area and the City's Comprehensive Plan; the impact of the plan on the character and development of the area; the effect of the plan on the existing and anticipated traffic conditions including parking and traffic volumes; the effect of the plan on values of property in the surrounding area; and the adequacy of the plan with respect to land use; pedestrian and vehicular ingress and egress; parking; building location; height, materials, orientation, exterior treatment and color; landscaping; lighting; provisions for utilities including drainage run-off; open space; loading and unloading areas; grading; signing; screening; setbacks; and other related matters. Section 14.215.103. Issuance. In considering applications for Site Plan Approval under this ordinance, the City Council shall consider the advice and recommendation of the Planning Commission and the effect of the pro- posed site plan upon the health, safety, and welfare of the occupants of the surrounding land, existing and anticipated traffic conditions inclu- ding parking facilities, effects on values of property in the surrounding area, effect of the site plan on the Comprehensive Plan, and the adequacy of the plan element as described in Section 14-215.102. If it shall determine, by resolution, that the proposed Site Plan Approval Application -10- r r will not be detrimental to the health, safety, or welfare of the community nor will cause traffic congestion or seriously depreciate surrounding property values and at the same time is in harmony with the purposes and intent of this ordinance, the plan for the area, and the Comprehensive Plan, the Council may grant such Site Plan Approval and may impose conditions and safeguards therein. Section 14.215.104. Denial. Site Plan Approval applications may be denied by motion of the City Council when such motion shall constitute a finding and determination by the Council that the conditions required for approval do not exist. Section 14.215.105. Action Without Planning Commission Recommendation. If no recommendation is transmitted by the Planning Commission within sixty (60) days after referral of the application for Site Plan Approval to the Commission, the City Council may take action without further awaiting such recommendation. Sec. 5. Sections 14-201(10) and 14-201(11), Compliance of Regulations are amended to read: Section 14-201(10). No building or land shall be used or occupied under conditions which require application for an issuance of a special permit or site plan approval pursuant to the provisions of this ordinance without first having been granted such special permit or site plan approval. Section 14-201(11). No building or land shall be used or occupied pursuant to a special permit or site plan approval issued under the provisions of this ordinance, except under the conditions, if any, set forth in such special permit and under regulations, if any, set forth in this ordinance. Sec. 6. Section 14-220(7), Action Without Board of Zoning Appeals Recommendations, is amended to read: Section 14-220(7). Any special permit or site plan approval duly granted by the City is hereby deemed to be abandoned, revoked and cancelled by the Permittee if all conditions included in the granting of the special permit or site plan approval are not met within a specified time which shall be set by the City Council. L Sec. 7. This ordinance shall take effect fifteen days after its publication. Attest: 4.1.C'd City Clerk Adopted by the City Council, June 6, 1977. Reviewed for administration: Acting City Manager Approved as to form and legality: di*kag-'4"`"-- City Y . -12- 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARK SUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretaiy of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No • 1 371 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for AfA •uccessive weeks, that it was first so published on Wed the 15 day of June , 19 and was thereafter printed and published on every to and including the day of 19___ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 15 day of 'PAW MURIEL L QUIST NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm. Expires July 28, 1978 June • 1912 4 File No Affidavit of Publication ST LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of