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HomeMy WebLinkAbout2138-99 - ADMIN Ordinance - City Council - 1999/04/19r ORDINANCE NO. 2138 9 9 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:5-4.6 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. L The City Council has considered the advice and recommendation of the Planning Conunission (Case No. 99-4-ZA) Sec. 2. The St. Louis Park Ordinance Code, Section 14:5-4.6 is hereby amended to read as follows: SECTION 14:5-4.6 "R -C" High Density Multiple Family Residence District (page 123) A. PURPOSE AND EFFECT The purposes of the "R -C" High Density Multiple Family Residence District are to provide appropriately located areas for family living in a variety of dwelling types at densities generally up to 50 units per acre (or up to 75 units per acre by PUD) with sound standards for public health and safety; to preserve as many as possible of the desirable characteristics of the single family residential districts while permitting higher population densities, to provide opportunities for accessory and transitional commercial uses to support residential development; to insure adequate light, air, privacy, and open space for each dwelling unit; provide space for institutions which require residential environments; to provide community services such as parks, schools, religious facilities, and community centers supportive to a residential area while safeguarding its residential character; to minimize traffic congestion and the impacts of high traffic volumes; to provide space for off-street parking of automobiles; and to protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. B. PERMITTED USES The following uses are permitted in the "R -C" High Density Multiple Family Residence Use District if the use complies with the Residential Restrictions and Performance Standards of Section 14 5-4.1 of this Ordinance. 1. ROOMING HOUSE 2. STATE LICENSED RESIDENTIAL FACILITIES SERVING SIXTEEN (16) OR FEWER PERSONS 3. PARK AND OPEN SPACE 4. OFFICE IN EXISTENCE OR HAVING RECEIVED PRELIMINARY OFFICE DEVELOPMENT APPROVAL BY MARCH 1, 1999 5. TRANSIT STATIONS C. USES PERMITTED WITH CONDITIONS A structure or land in an "R -C" High Density Multiple Family Residence Use District may be used for one (1) or more of the following uses if it complies with the Residential Restrictions and Performance Standards of Section 14: 5-4.1 and with those specified for the use in this Subsection "C". 1. ADULT DAY CARE Conditions - a. The facility shall be located in a religious facility, community center, nursing home or hospital. b. A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care. 2. GROUP DAY CARE/NURSERY SCHOOL Conditions: a A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be enclosed by Fence "F3" and Bufferyard "C". (amended by Ord 1915-93 5-3-93) b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. 3. GROUP HOME/NON-STATUTORY Conditions: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site b. A minimum of 150 square feet of usable open space shall be provided for each person housed on the site c. The residence structure shall be occupied by not more than 50 persons under treatment. 1 1 1 i d. The use shall be located a minimum of 1500 feet from two (2) other Group Homes. (amended by Ord 1915-93 5-3-93) e. Any group home accommodating 20 or more persons shall provide an outdoor recreation area. Said recreation area shall be located a minimum of 25 feet of any parcel in an "R" Use District. f. A Bufferyard "D" shall be provided along any abutting lot located within an "R" Use District. g. A minimum of 300 square feet of gross building area shall be provided for each resident. 4. NURSING HOME Conditions: a. A minimum of 500 square feet of lot area in shall be provided for each person to be housed on the site. b. All structures shall be located a minimum of 30 feet from a lot in an "R" Use District. c. The lot shall contain a minimum of 150 square feet of usable open space per resident. d. The structure housing the use shall comply with the requirements of the state law and the Building Code regulating the construction of hcensed nursing homes. 5. COMMUNITY CENTERS Conditions: a. The building shall be located a minimum of fifty (50) feet from any lot in an "R" Use District. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor areas intended for group activities shall be located a minimum of 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a Bufferyard "D". d. Conditions a through c and certain performance standards may be waived or amended if so specified in a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan. e The property shall be designated for Civic or Civic -Mixed Use in the Comprehensive Plan. 6. EDUCATIONAL (Academic) Conditions: a. Buildings shall be located a minimum of 50 feet from a lot in an "R" Use District. b. An off-street school bus pick-up and drop-off area shall be provided in order to maintain vehicular and pedestrian safety. c Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an "R" use district, and shall be buffered from such residential use with a Bufferyard "C". d. Conditions a through c and certain performance standards may be waived or amended if so specified in a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan e. The property shall be designated for Civic or Civic -Mixed Use in the Comprehensive Plan. 7. LIBRARIES Conditions: a. Buildings shall be located a minimum of 25 feet from a lot in an "R" Use District unless otherwise specified in a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan. b. The property shall be designated for Civic or Civic -Mixed Use in the Comprehensive Plan. 8 PARKS AND RECREATION (amended by Ord 1915-93 5-3-93) Conditions a. The principal structure shall be located a minimum of 50 feet from a lot in an "R" use district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an "R" use district. c. A Bufferyard "C" shall be constructed along the property line when said use abuts property residentially used or in one of the "R" Use Districts; this bufferyard shall include a berm "B2" or fence "F4" which shall be adequately maintained. This provision shall not require a fence within the 1 1 required front yard or where it interferes with traffic visibility at intersections, 14.4-6. d. The entire site other than that taken up by structures, required bufferyards, or other landscaped areas shall be surfaced with a material to control dust and drainage e. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure on the same lot. f. A drainage system approved by the City Engineer shall be installed. g. Facilities which serve a community -wide or regional function shall be located with primary vehicular access on a collector or arterial street. h Facilities within 300 feet of a property in an "R" Use District that require night lighting shall be lighted according to a lighting plan approved by the Director of Public Works which shall include fixture specifications and demonstrate that off site impacts will be minunized Such facilities shall have a Bufferyard "F" located along the property lines of the facility which abut an "R" Use District. 9. POLICE/FIRE STATION Conditions: a. Buildings shall be located a minimum of 25 feet from a lot an "R" Use District. (amended by Ord 1915-93 5-3-93) b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non -emergency traffic if recommended by the Director of Public Works 10. RELIGIOUS INSTITUTIONS Conditions: a All buildings shall be located a minimum of thirty (30) feet from any lot in an "R" Use District. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Conditions a and b and certain performance standards may be waived or amended if so specified in a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan. d. The property shall be designated for Civic or Civic -Mixed Use in the Comprehensive Plan. 11. COMMUNICATION TOWER Conditions: a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard or bufferyard. e. A free standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property hne of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue -gray in color. g For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible h For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any "R-1", R-2", or "R-3 zoned parcel. 12. MULTIPLE FAMILY DWELLING/CLUSTER HOUSING Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. 1 1 1 1 c. The minimum spacing between buildings shall be the average heights of the buildings. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. f No portion of the required 20 foot road system may be used to satisfy the off-street parking requirements. g Sidewalks with a minimum width of 5 feet shall be provided along both sides of all private and public streets. h. Conditions a through g and certain performance standards may be waived or amended if so specified in a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan. D. USES PERMITTED BY CONDITIONAL USE PERMIT No structure or land in any "R -C" High Density Multiple Family Residential Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Residential Restrictions and Performance Standards of Section 14: 5-4.1, the general conditions of Section 14: 6-7, and with the Specific Conditions imposed in this Subsection "D": 1. ELDERLY HOUSING Conditions: a. Property shall meet all of the requirements of multiple family dwellings above. b. A minunum of 25 percent of the usable open space shall be developed as outdoor recreation or garden areas. c Elderly Housing shall provide a minimum of 900 square feet of lot area for each dwelling unit. d. The property owner shall record a covenant to run with the land executed m a form approved by the City which restricts the use of the property to occupancy by the elderly. e The development shall provide a lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each unit. 2. HOSPITAL Conditions: a. Buildings located within 100 feet of any "R-1", "R-2", or "R-3" Use District shall be limited to the lesser of four (4) stories or 45 feet. The height of all other buildings shall be regulated by yard and floor area ratio requirements. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Internal traffic circulation shall be designed to minimize traffic within 100 feet of any abutting residential property. d. A Bufferyard "F" shall be installed and maintained along any abutting "R" Use Districts. e. The property shall be designated for Office use in the Comprehensive Plan. 3 PUBLIC SERVICE STRUCTURE Conditions - a. All exterior faces of all buildings shall meet the provisions of Section 14:6-6 (amended by Ord 1915-93 5-3-93) b. All structures shall be located a minunum of 15 feet from any lot in an "R" Use District (amended by Ord 1915-93 5-3-93) c. All service drives shall be paved. d. A Bufferyard "C" shall be installed and maintained along property lines in an "R" Use District. (amended by Ord 1915-93 5-3-93) d. The use shall be found not to substantially detract from meeting housing goals identified m the Comprehensive Plan. 4. HOTEL/MOTEL Conditions: a. This use shall not be located within 100 feet of any low density residential parcels as identified in the Comprehensive Plan. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or artenal or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. 1 c. This use may not include restaurants, convention facilities, or food service as another primary use on the same site or as an accessory use. d. The use shall be found not to substantially detract from meeting housing goals identified in the Comprehensive Plan. 7. HOSTEL Conditions: a. The hostel shall be affiliated with a national or international hostel organization and shall be subject to the operating procedures of such organization. b The hostel shall be available for occupancy only by members of the affiliate or the parent organization. c. The hours of operation are from 6.00 a.m. to 1:00 a.m d. Overnight parking of vehicles whose passenger capacity exceeds 15 shall be prohibited on the site e. Any outdoor activity area shall be located as far as practicable from abutting residential properties f. No room shall contain more than 4 beds. E. USES PERMITTED BY PUD No structure or land in an "R -C" High Density Multiple Family Residential Use District, shall be used for the following uses except by the PUD Process. Provisions for the PUD and modifications to dimensional standards and densities are provided under Section 14:6- 7 1. GROUND FLOOR RETAIL, SERVICE, OFFICE, AND MEDICAL OFFICE IN MIXED USE BUILDINGS THAT ARE PREDOMINANTLY RESIDENTIAL F. ACCESSORY USES The following uses shall be permitted accessory uses in an "R -C" High Density Multiple Family Residential Use District: 1. Private garages and parlang spaces 2. Tennis courts 3. Private swimming pools 4. Family Day Care Facilities 5. Service and Retail facilities intended for use by residents not to exceed 10 percent of the gross floor area of the development. 6. Home Occupations complying with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right of way. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed Group Family Day Care Facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery, and materials which are normally found in the home are used m the conduct of the home occupation g. No more than one non -illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or 10% of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code, and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a Certificate of Occupancy. _ 7. Keeping of not more than two (2) boarders or roomers by a resident family. 8. Living quarters of persons employed for domestic or medical purposes on the premises. 9 Signs, as regulated by this Ordinance. 10. Gardening and other horticultural uses if the sale of those products on the premises is in compliance with Home Occupation provisions 1 1 11. Decorative landscape features including but not limited to pools, arbors, and terraces. 12. Parking Ramps provided all of the following conditions are met, unless said conditions are waived or amended by a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan: a. The height of any parking ramp located within 200 feet of any "R-1", "R- 2", or "R-3" Use District may not penetrate the height of a line commencmg at and perpendicular to the Use District line and extending upward and away from the "R-1", "R-2", or "R-3" Use District line at a slope of 5 horizontal feet for each vertical foot. b. The minimum yard requirement for any parking ramp located within 200 feet of any parcel in an "R-1", "R-2", or "R-3" Use District shall be 50 feet. c. The parking ramp shall be screened from view from any abutting property located within an "R" Use District with a Bufferyard "F". This bufferyard shall include a berm B4 or a berm wall BW3 where the parking ramp is above ground. d. If the parking ramp is located within 400 feet of any property in an "R" Use District, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one (1) foot above the light source to any point within the "R" Use District ten feet lower than the maximum structure height of the "R" Use District at a distance of 400 feet from the wall of the parking ramp nearest to the "R" Use District. 13. Helistops are permitted as an accessory use to a hospital provided that it is used exclusively in connection with the hospital and is subordinate to the hospital in area, extent, and purpose The helicopter pad must be dust free and screened from view and take off and landings shall not be over residential areas Hours of operation shall be limited to 7 00 a.m. to 9:00 p.m., excluding emergency operations. 14. Incidental repair or processing necessary to conduct a permitted use which shall not occupy more than thirty percent (30%) of the floor area nor more than thirty percent (30%) of the gross labor hours required to conduct the permitted principal use. 15 Leasing and management offices associated with residential uses. G. DIMENSIONAL STANDARDS/DENSITIES The following standards shall apply unless specifically waived or amended by a Redevelopment Plan for the area that has been adopted as part of the City Comprehensive Plan or as provided in Section 14:6-7 of this Ordinance: 1. No structure or building shall exceed six (6) stories or seventy-five (75) feet in height, whichever is less, except as provided in Section 14:4-8 of this Ordinance. 2. The floor area ratio shall not exceed 1.2 and the ground floor area ratio shall not exceed 0.25. 3. A side yard abutting a street shall not be less than fifteen (15) feet in width. 4. The density shall not exceed 50 units per acre. 5. The minimum lot area shall be 15,000 square feet; except as provided under Section 14-300 where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. 6. The minimum lot width shall be 80 feet; except as provided under Section 14-300 where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minunum 7. The front yard depth shall be a minimum of thirty (30) feet or a distance equal to the building height, unless the average depth of at least two (2) existing buildings within 150 feet along the same block front of the lot in question are less than or greater than 30 feet, then the required front yard depth shall be the average depth of such existing front yards or the building height whichever is greater. However, the depth of the front yard shall not be less than 15 feet or be required to exceed fifty (50) feet if the buildmg height is less than fifty (50) feet. (amended by Ord 1915-93 5-3-93) 8. The required side yards shall be a minimum of fifteen (15) feet on one side and one-half (1/2) the building height on the other if the building height is less than 40 feet. If the building height exceeds 40 feet the side yards shall be fifteen (15) feet plus 1 foot for each foot of building height m excess of 40 feet on one side and twenty (20) feet plus one (1) foot for each foot of building height in excess of 40 feet on the other If property abuts land in the R-1, R-2 or R-3 Use District at the side yard, that side shall have the greatest depth. 9. The width of the side yard abuttmg a building wall shall be increased two (2) inches for each foot the length of the wall of the building exceeds fifty (50) feet . For the purpose of this section, a wall mcludes any building wall within ten (10) degrees of being parallel to and abuttmg the side lot line of a lot. 10. Side yard widths may be reduced if the side wall of a building is not parallel by more than ten (10) degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than five (5) feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. 1 1 11. The rear yard depth shall be a minimum of twenty-five (25) feet except when the rear lot line of land on the R -C Use District abuts lands in the R-1, R-2, or R-3 Use District, then the yard requirement shall be a minimum of twenty-five (25) feet or the building height of the building in the R -C Use District, whichever is greater. 12. All dwelling units shall be at or above the grade of all land abutting the structure within a distance of twenty-five (25) feet from all faces of the building. 13. Each lot shall contain at least four hundred (400) square feet of usable open space for each dwelling unit contained thereon. 14. Any parcels which are subdivided under Section 14-300 for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common lot do not exceed the maximum density permitted within the zoning district. Provisions for open space may be provided on a common lot. Any front, rear, and side yard dimensions required by this section shall apply from the building face to the property line of the common lot. Sec 3 The contents of Planning Case File 99-4-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case Sec. 4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council April 19, 1999 ATTEST. Reviewed for administration: Approved as to form and execution: 99-4/N/resord City Attorney STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 5 day of May , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. abcdefghgldmnopgrst Subscribed and swor t r affirmed efore me on this day of 7 = , 1999 • c^IDSL P.+ HEDBIMI l( .1 T?.RYF(1EM • MIN. NOTA t; A'' HENNEPIN COUNTY �3 4 `� NI; Commisvon Ern res Jan 2.; i'm' �es�� Publisher RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.55 per line $ 6 20 per line $ 1.30 per line City of St. Louis Park ' (Official Pubhcation) SUMMARY ORDINANCE NO 213899 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTION 14:5-4 6 This ordinance amends the "R -C" Multiple Family Residen- tial District to better reflect Comprehensive Plan housing goals for these areas and is intended to help facilitate resi- dential development Non-residential uses could be consid- ered through a more stnngent review process or in a mixed- use context This ordinance shall take effect 15 days after publication Adopted by the City Council Apnl 19, 1999 /s/ Jeff Jacobs Mayor (May 5, 1999) A3/ Ord 2138-99