Loading...
HomeMy WebLinkAbout2146-99 - ADMIN Ordinance - City Council - 1999/10/04ORDINANCE NO. 2146-99 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14 1-1,1-2,2-5, 3-1,4-1,4-3,4-4,5-4,5-5,5-6,5-7,6-1,6-5,6-6,6-7,8-2,8-3, and 8-4 THE CITY OF ST LOUIS PARK DOES ORDAIN Findings Sec 1 The City Council has considered the advice and recommendation of the Planning Commission (Case No 99-12-ZA) Sec 2 The St Louis Park Ordinance Code, Sections 14 1-1,1-2,2-5, 3-1,4-1,4-3,4-4, 5-4,5- 5,5-6,5-7,6-1,6-5,6-6,6-7,8-2,8-3, and 8-4 are hereby amended to read as follows SECTION 14:2-5 E Measurement All measured distance expressed in feet shall be to the nearest tenth of a foot The measurement of distances when required by this Ordinance shall be done in a straight line in the plane located at a point one foot above the highest point in the surface of the ground along the path of measurement, from the closest exterior wall (extended vertically if a cantilever) of a building containing the use to the property line of the adjacent street, district, or lot or other boundary line If the use is not within a building, the measurement shall be the shortest distance from the location of the use to the property line of the adjacent street, district, or lot or other boundary line SECTION 14:3-1. DEFINITIONS Abutting Having a common border or boundary with, or being separated from such a common border by an alley This term is used interchangeably with adjacent and adjoining Adjacent Having a common border or boundary with, or being separated from such a common border by an alley This term is used interchangeably with abutting and adjoining Adjoining Having a common border or boundary with, or being separated from such a common border by an alley This term is used interchangeably with abutting and adjacent Building Any structure having a roof which may provide shelter or enclosure of persons, animals or personal property Condominium An estate of real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building A condominium may include, in addition, a separate interest in other portions of such real property, such as garage space or in the case of cluster development, a townhouse or cluster development lot Ordinance No 2146-99 2 Fence Any artificially constructed barrier of any material or combination of materials erected to enclose, divide, or screen areas of land. Lot A parcel of land created by an existing subdivision or described on a deed which has been recorded in the office of the Register of Deeds or Registrar of Titles of Hennepin County Minnesota and which is occupied or used or intended for occupancy or use and has common ownership in its entirety Lot, Buildable A lot which meets the minimum lot width and area requirements of the use district in which it is located and which has frontage on a right-of-way for street or alley purposes If the lot was subdivided as part of a cluster housing development, access to a public street may be by private street Lot, Substandard A lot or parcel of land that does not meet the definition of a buildable lot or does not meet the provisions of Section 14 4-1 of this Ordinance Parcel See Lot SECTION 14:5-4.2E ACCESSORY USES (R-1 Use District) 1 Private garages SECTION 14:5-4.3.E ACCESSORY USES (R-2 Use District) 1 Private garages SECTION 14:5-4.4.E ACCESSORY USES (R-3 Use District) 1 Private garages SECTION 14:5-4.5.F ACCESSORY USES (R-4 Use District) 1 Private garages and parking spaces SECTION 14:4-3 A The following shall not be encroachments on yard requirements 1 Yard lights and the nameplate signs for one and two family dwellings in the R- 1, R-2, and R-3 Districts 2 Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the regulations of Section 14 6-3 3 Flag poles, bird baths, and other ornamental features detached from the principal building which are a minimum of four (4) feet from any lot line Ordinance No 2146-99 3 '4 Railroad feeder tracks which provide access to buildings and structures in the "C-1", "C-2", "0", "I -P", and "I -G" Use Districts No loading or unloading may be done from railroad cars on any feeder track in any front yard 5 Canopies no more than 12 feet wide are permitted in the "R-4", "R -C", ."C-1", "C-2", "0", "I -P", and "I -G" Use Districts if they are open at the sides, comply with provisions of Section 14 4-6 and provide 14 feet of clearance if located over any access roadway or fire lane 6 Enclosed pedestrian walkways The walkways must meet the following standards The walls of the walkway shall conform with the class I exterior materials requirements of the Zoning Code Said walkways may be no more than 16' wide and 12' in height from floor to ceiling A clearance of 16'6" is required if the walkway is above a traveled roadway The properties connected by the walkways must submit documents that indicate their agreement to build, the arrangement for maintenance of the walkway, and under what conditions the walkways might be removed The location of any pedestrian walkway shall be approved by the Director of Public Works and Community Development Director Approval shall not be granted for any walkway that does not provide a satisfactory means to access any utility or public trail lying under or adjacent to the walkway B The following shall not be encroachments on yard requirements for principal buildings 1 Bays not exceeding a depth of two (2) feet or to contain an area of more than twenty (20) square feet 2 Chimney, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters, provided they do_not extend more than three (3) feet into a required yard, and provided such encroachment is no closer than four (4) feet from all lot lines Building overhangs shall also comply with the Minnesota State Building Code 3 Terraces and steps which do not extend more than two and one-half (2 1/2) feet above the height of the ground floor level of the principal building, awnings, and door hoods provided they are a minimum of two (2) feet from any lot line 4 Uncovered porches, stoops or decks which do not extend above the height of the grounds floor level of the principal building and are a minimum of two (2) feet from any side or rear lot line and 15 feet from any front lot line 5 Open covered porches that do not contain either windows or screens and are a minimum of 5 feet from any interior side lot line, 9 feet from any side yard line abutting a street, 25 feet from any rear lot line and 20 feet from any front lot line Porches shall be open between the floor and the ceiling All railings shall be open utilizing posts and spindles C The following shall not be encroachments on rear and side yard requirements for accessory buildings Ordinance No 2146-99 4 1 Cornices, eaves, and gutters; provided they do not extend more than eight (8) inches into a required yard, and provided such encroachment is no closer than sixteen (16) inches from all lot lines Building overhangs shall also comply with the Minnesota State Building Code SECTION 14:4-4 - FENCES A Fence Location 1 All fences shall be located entirely upon the private property of the party requiring or requesting the construction of the fence It shall be the responsibility of the party installing the fence to ensure that it is constructed on private property 2 No fence shall be constructed or permitted on any public property, right-of- way or easement without the express authorization from the public agency having jurisdiction over the property or right-of-way B Prohibited Fences 1 Electrical Fences 2 Barbed Wire Fences, unless permitted by an exception 3 Any fence, wall, hedge, or other visual obstruction of any kind which is not in compliance with Section 14 4-6 C Height — Height shall be measured from the ground level to the top of the fence or wall section In the case where a fence has variable heights or where ground slopes, the height of the fence shall be the average height, but in no case, shall the height of any one point exceed six (6) inches above the maximum allowed by this section Fence posts may exceed eight (8) inches above the maximum allowed by this section 1 A fence or wall shall not exceed six (6) feet in height if it is located in the any side or rear yard 2 A fence, wall or hedge shall not exceed three and one-half (3 '/2) feet in height if located in a front yard D Exceptions 1 A fence or wall shall not exceed eight (8) feet in height if placed in any side or rear yard which abuts Interstate 394, State Highway 100, State Highway 7, State Highway 169, or their adjacent frontage road 2 A fence or wall shall not exceed eight (8) feet in height if placed in any side or rear yard in an "R" Use District which abuts property in the "C", "0", or "I" Use Districts, or abuts a railroad right-of-way, school, church, or other public building 1 Ordinance No 2146-99 5 3 A fence or wall shall not exceed eight (8) feet in height if placed in any side or rear yard when it is required as part of a bufferyard 4 A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of Section 14 4-6, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard 5 Barbed wire may be used by certain industrial and public service users for health and safety purposes However, the barbed wire cannot be used at a height lower than six (6) feet six (6) inches, and the overall height of the fence including the barbed wire cannot exceed eight (8) feet E Construction & Maintenance 1 Every fence shall be constructed so the finished side of the fence is facing towards the neighboring properties exposing the structural side to the party requiring or requesting the fence Alternating board fences which are finished on both sides shall be considered as complying with this section of the ordinance 2 Both sides of the fence shall be maintained in a condition of good repair 3 Any fence that is potentially dangerous to the public safety or health by reason of construction or sharp projections or protrusions shall be removed or repaired 4 Any fence over six (6) feet in height shall be constructed of a non-metallic material and shall be 90 percent opaque, unless the fence is used for security purposes in the "I" Use Districts 5 Any fence or wall constructed over six (6) feet in height shall be considered a structure, require a building permit, and meet all Uniform Building Code requirements for a structure SECTION 14:1-1.2 FINDINGS AND PURPOSE (Of the Zoning Ordinance) G Require that development proceed according to the principles, goals, objectives, implementation strategies, and land use designations established in the City's Comprehensive Plan SECTION 14 6-5 2 GENERAL CONDITIONS No Conditional Use Permit shall be issued unless the following findings are made 1 It is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation_strategies of the Comprehensive Plan 2 It is not detrimental to the health, safety, morals and general welfare of the community as a whole 3 It is consistent with the intent and purpose of the Zoning Ordinance and the zoning district in which the Conditional Use is located Ordinance No 2146-99 6 4 It will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed 5 It will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use 6 It is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the State of Minnesota and adopted as part of the conditions imposed on the use by the City Council These plans shall be presented to the Community Development Director with the application for the conditional Use Permit The Community Development Director shall prepare a report for the City Council reviewing the adequacy and feasibility of such plans 7 It is subject to drainage and utility plans prescribing locations for City water, City sewer, fire hydrants, manholes, power, telephone, and cable lines, natural gas mains, and other service facilities prepared by a professional civil engineer registered in the State of Minnesota and adopted as part of the conditions imposed on the use by the City Council These plans shall be presented to the Director of Public Works with the application for the Conditional Use Permit The director of Public Works shall prepare a report for the City council reviewing the adequacy and feasibility of such plans 8 It is subject to the imposition of additional conditions as part of the conditional use permit when, in the opinion of the City Council, such additional conditions are necessary to protect the general welfare, public safety and neighborhood character Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in Section 14 1-1 2 of this Ordinance In these circumstances, the City council may impose restrictions and conditions on the conditional sue permit which are more stringent than those set forth in this Ordinance and which are consistent with the general conditions above SECTION 14:5-4.2(D)(29) - SHOPPING CENTER LAND USE DEFINITION SHOPPING CENTER - A group of commercial uses planned, developed and/or managed as a unit that has common parking facilities Shopping centers may include more than one building and more than one contiguous property SECTION 14 6-1 2(B)(8)(A) - LOCATION OF PARKING FACILITIES A religious institution where parking is regulated by Sub -Section 14 6-1 A 21 Section 14:6-1.2.0 12 - Design and Maintenance of Off -Street Parking Areas. 12 Yards a Parking areas shall be subject to the requirements of front yards and side yards abutting a street in all "R" Use Districts, except that in the "R-1", "R-2", and "R-3" Use Distncts, parking for a detached single family or two family house shall be permitted in the front yard under the following conditions i There is no other location on the lot where parking is possible, and the front yard offers the only space where the required parking can be located 1 1 1 Ordinance No 2146-99 7 ii Total parking and driveway area does not occupy more than 30% of the front yard and the average width of the driveway does not exceed 22 feet b Parking areas in the "C-1", "C-2", "0", "I -P" and "I -G" Use Districts shall be permitted in the front yard and side yards abutting a street provided that all of the following requirements are met, but in no case shall the yard be reduced to less than six (6) feet i All of the bufferyard requirements of this Ordinance are met 11 A solid bumper, curb, or fence not more than three and one half (3 1/2) feet in height shall be constructed in such a position and such a manner that no part of a parked vehicle can extend into the bufferyard SECTION 14 6-1 3(A) - PARKING FOR MOTOR FUEL STATION 32 Motor Fuel Station Eight (8) parking spaces A maximum of 25% of the required parking may be at the pump island If a motor fuel station contains convenience grocery, food service, or motor vehicle service and_repair, the standards for each shall be applied in addition to the requirement stated above " SECTION 14 6-4 11 - NON -CONFORMING BUFFERYARD A Any land use on any property which contains a non -conforming bufferyard shall not be expanded or intensified unless the property is brought into compliance with the standards contained in Section 14 7-4 G However, all non -conforming bufferyards must comply with Section 14 7-4 G by October 31, 1997 In addition to other penalties provided by law, the City may withhold a Certificate of Occupancy for any property not in compliance with Section 14 7-4 G Section 14:6-1.2.C.13 13 Parking Space Abutting "R" Use Districts When a parking lot for between six (6) and thirty (30) vehicles is located on a parcel which abuts an "R" Use District or residential developed property, a Bufferyard "C" shall be installed between that portion of the parking lot visible from the abutting property and the abutting residential property When a parking lot for more than thirty (30) spaces is located on a parcel which abuts an "R" Use District or residentially developed property, a Bufferyard "D" shall be installed between that portion of the parking lot visible from the abutting property and the abutting residential parcel Section 14 5-7 2 C 2 b Outdoor storage areas visible from any residential property or public street shall be screened with a Bufferyard "C" Section 14:5-7.2.F.5.a Storage shall be enclosed by a solid wall or fence not less than six (6) feet high This wall or fence shall be screened from view of all public streets which abut the lot containing the outdoor storage with a Bufferyard "D" and from any property in an "R" or "C" Use District with a Bufferyard "F" Ordinance No 2146-99 8 SECTION 14:5-7.3 C.2.b Outdoor storage areas visible from any residential property or public street shall be screened with a Bufferyard "C" SECTION 14:5-5.2.C.13 IN -VEHICLE SALES OR SERVICE a Drive through facilities and stacking areas shall not be within 100 feet of any lot in an "R" Use District unless the entire facility and stacking areas are separated from the lot in an "R" Use District by a building wall b A Bufferyard "D" shall be provided along the lot line between drive through facilities and stacking areas and adjacent streets and properties SECTION 14:5-5.3.E.1 SHOPPING CENTERS c New in -vehicle sales or service shall only be permitted when it can be demonstrated that their operation will not have a significant adverse effect on the internal circulation of the PUD and the level of service of nearby street and intersections and must comply with the following conditions i Drive through facilities and stacking areas shall not be located within 100 feet of any lot in an "R" Use District unless the entire facility and stacking areas are separated from the lot in an "R" Use District by a building wall 11 A Bufferyard "D" shall be provided along the lot line between drive through facilities and stacking areas and adjacent streets and properties SECTION 14:5-6.2.C.12 IN -VEHICLE SALES OR SERVICE a Drive through facilities and stacking areas shall not be located within 100 feet of any lot in an "R" Use b A Bufferyard "D" shall be provided along the lot unless the entire facility and stacking areas are separated from the lot in an "R" Use District by a building wall line between drive through facilities and stacking areas and adjacent streets and properties 1 Ordinance No 2146-99 9 b A Bufferyard "D" shall be provided along the lot_unless the entire facility and stacking areas are separated from the lot in an "R" Use District by a building wall line between drive through facilities and stacking areas and adjacent streets and properties SECTION 14:6-1.3 A REQUIRED PARKING RESIDENTIAL USES 2 Cluster Housing Two (2) parking spaces per dwelling unit 10% of the required parking or (4) spaces, whichever is greater, shall be available for guest parking Available on -street parking within 300 feet of the lot accommodating the use may be used to accommodate guest parking 3 Multiple Dwelling Two (2) parking spaces per dwelling unit 10% of the required parking or (4) spaces, whichever is greater, shall be available for guest parking Available on -street parking within 300 feet of the lot accommodating the use may be used to accommodate guest parking SECTION 14:5-5.3.D USES PERMITTED BY CONDITIONAL USE PERMIT 7. MULTIPLE FAMILY DWELLING AND CLUSTER HOUSING d The housing represents a maximum of 30% of the ground floor area of total development 100% of the floor area above the ground floor may be developed as housing SECTION 14:4-1 LOT PROVISIONS B Lots of record - buildable 1 A lot of record existing upon the effective date of this Ordinance in the "R-1", "R-2", "R-3", or "R-4" use District, which does not meet either the area or the width requirements of this Ordinance may be utilized for single family detached dwelling purposes if the dimensions of its area and width are at least sixty-six and two-thirds per cent (66 2/3%) of the requirements of this Ordinance This provision does not include cluster or townhouse lots 2 Any single family detached dwelling which exists on the effective date of this Ordinance on any substandard lot located within the "R-1", "R-2", "R-3", or "R-4" Use District which is later destroyed by fire or other natural disaster or otherwise removed may be rebuilt if a building permit for reconstruction is issued within 365 days of its destruction and if it otherwise is in conformance with the provisions of this Ordinance 3 Any substandard lot which is in common ownership with an abutting lot on or after the effective date of this Ordinance may not be developed and no building permit shall be issued for such development unless the two lots are combined to increase the substandard dimensions of the lot to meet the area and width Ordinance No 2146-99 10 requirements of this Ordinance Under these circumstances only one single family dwelling may be built on the two lots SECTION 14:5-4.5 D USES PERMITTED BY CONDITIONAL USE PERMIT (R-4) 1 MULTIPLE FAMILY DWELLING 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 one half (1/2) can be located in the front yard New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of the Subdivision Ordinance may reduce this requirement on a one for one basis to a minimum of 200 square feet per dwelling unit c The minimum spacing between buildings shall be the average heights of the building d All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots e If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on -street parking f Sidewalks with a minimum width of 5 feet shall be provided along all sides of the lot that abut a public streets Sidewalks shall also be provided between the public street and parking areas to all building entrances 2 CLUSTER HOUSING Conditions a Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than one half (1/2) can be located in the front yard New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of the Subdivision Ordinance may reduce this requirement on a one for one basis to a minimum of 200 square feet per dwelling unit b The minimum spacing between buildings shall be the average heights of the building c Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls d Sidewalks with a minimum width of 5 feet shall be provided along all sides of the lot that abut a public street and along at least one side of interior private streets 1 1 1 Ordinance No 2146-99 11 e Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk closest to it or from the back of the curb line of internal private roadways or parking lots if no sidewalk exists f If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on -street parking SECTION 14:5-4.6.C.12 USES PERMITTED WITH CONDITIONS (R -C) 12 MULTIPLE FAMILY DWELLING Conditions a 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 Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than one half (1/2) can be located in the front yard New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of the Subdivision Ordinance may reduce this requirement on a one for one basis to a minimum of 200 square feet per dwelling unit c The minimum spacing between buildings shall be the average heights of the building d All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots e If parking is accommodated on the required public or private road system, it must meet minimum public street width requirements of the subdivision ordinance to allow on -street parking f Sidewalks with a minimum width of 5 feet shall be provided along all sides of the lot that abut a public streets Sidewalks shall also be provided between the public street and parking areas to all building entrances 13 CLUSTER HOUSING Conditions a Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than one half (1/2) can be located in the front yard New developments which are required or elect to dedicate land or cash in lieu of land for parks, trails and open space in accordance with the provisions of the Subdivision Ordinance may reduce this requirement on a one for one basis to a minimum of 200 square feet per dwelling unit b The minimum spacing between buildings shall be the average heights of the building Ordinance No 2146-99 12 c Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls d Sidewalks with a minimum width of 5 feet shall be provided along all sides of the lot that abut a public street and along at Least one side of interior private streets e Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk closest to it or from the back of the curb line of internal private roadways or parking lots if no sidewalk exists f If parking is accommodated on the required public or private road system, it must meet the minimum public street width requirements of the subdivision ordinance to allow on -street parking SECTION 14:4-2 REQUIRED YARDS/OPEN SPACE E Usable open space which is required by this Ordinance shall contain improvements such as outdoor swimming pools, patio areas, game areas, landscaped and grassy areas which contain benches, sculpture gardens, pedestrian paths and trails, or similar outdoor fixtures or features Usable open space shall be available and accessible to and usable by all persons occupying the dwelling units, group facility, or other use for which the usable open space is required SECTION 14:6-7.1 FINDINGS AND PURPOSE The City Council finds that a Planned Unit Development process will benefit the City and its residents because the process permits greater flexibility in the development of a parcel by tailoring the development to the site and neighborhood Such benefits include, but are not limited to A Greater utilization of new technologies in building design, construction, and land development B Higher standards of site and building design C More efficient and effective use of streets, utilities, and public facilities to support high quality development at a lesser cost D Provision of recreational, public, and open spaces which may be made more usable and be more suitably located that would otherwise be provided under conventional development procedures E A flexible approach to development is permitted by allowing certain limited modifications to the strict application of regulations of the Use Districts that are in harmony with the goals, purpose and intent of the City's Comprehensive Plan and Zoning Ordinance 1 1 1 Ordinance No 2146-99 13 SECTION 14:6-7.2 APPLICATION The provisions of the PUD section of this Ordinance shall be administered as follows B Approval of a Planned Unit Development shall not alter the underlying Use District classification or the application of Use District regulations unless they are modified under the terms of Section 14 6-7 4 of this Ordinance E Modifications of Use District regulations may be approved as part of the overall approval of the PUD, if the following conditions are satisfied 1 2 3 4 The modifications bear a demonstrable relationship to, and are consistent with, the goals and policies of the Comprehensive Plan The adverse impact and effect of such modifications will be eliminated by screening landscaping, superior site and building design and other features related to planning, design, and construction The modification is necessary to achieve the purposes of this section of the Ordinance The modifications are limited to those allowed in Table 6-7 A and fall within allowable limits authorized by Section 14 6-7 4 C of this Ordinance SECTION 14:6-7.4 MODIFICATIONS TABLE 6-7 A Allowable Modifications in PUDs Ordinance Requirement Distance From Property Lines, Except When Abutting Residential Zoned or Used Property Distance From Other Buildings Building Height Density Ground Floor Area Floor Area Ratio Usable Open Space Parking Maximum Modification Allowed No Required Yards As Building Code Allows No maximum if consistent with the Comprehensive Plan 10% increase or as consistent with the _ Comprehensive Plan 5% increase Limited by height, density and ground floor area restnctions 20% decrease 15% decrease in addition to other allowable Ordinance reductions Ordinance No 2146-99 14 SECTION 14:6-7.5 SUBMISSION REQUIREMENTS AND PROCEDURE E Procedure Planned Unit Developments shall be proposed and processed according to the requirements of this section No application for a final Planned Unit Development shall be processed until the application for a Preliminary Planned Unit Development has been approved by the City Council 7 b The Planning Commission shall consider the staff report, other applicable data, and testimony and shall submit its recommendation to the City Council If the Planning Commission recommends approval of the final PUD Plan, it shall find that the final PUD Plan is in substantial compliance with the preliminary PUD Plan and the Comprehensive Plan SECTION 6-6 2 STANDARDS K Parking Ramps All parking ramps constructed after the adoption of this Ordinance shall meet the following design standards 1 Parking ramp facades which are visible from off site shall display an integration of building materials, building form, textures, architectural motif, and building colors with the principal building 2 No signs other than directional signs shall be permitted on parking ramp facades 3 If the parking ramp is located within 20 feet of a street right of way or recreational trail, the facade facing the street shall be subject to the same requirements for exterior surface materials as for buildings SECTION 14 8-2 6 BUILDING PERMITS An application for a building permit for the erection, alteration or enlargement of a structure not involving a change in ownership or occupant shall also constitute an application for a Certificate of Occupancy No building permit shall be issued unless the building or structures and proposed use of the land comply with the requirements of this Ordinance If a conflict exists between the zoning map and Comprehensive Plan land use designation on land for which a building permit for new construction, additions or enlargements is requested, no building permit shall be issued until the conflict is remedied All applications for a building permit shall include an accurate site plan of the property and shall state the proposed use of the building, the land uses on all adjacent parcels, and such other information the zoning administrator may require to determine compliance with the provisions of this Ordinance SECTION 14:8-3.1 GENERAL PROVISIONS A Hearings No Conditional Use Permit shall be issued until a public hearing on the request has been held by the Planning Commission Ordinance No 2146-99 15 B. Conditions and Modifications The City Council may impose reasonable conditions in any Conditional Use Permit and may, at any time at its election or upon application by the property owner, modify the conditions of an existing Conditional Use Permit as changing circumstances warrant No modification of an existing Conditional Use Permit may be made until a public hearing has been held by the Planning Commission in the manner outlined in Section 14 8-4 2 except that minor amendments shall require only notice to the holder of the Permit and approval of the City Council. SECTION 14:8-3.2 CONDITIONAL USE PERMITS The City Council may grant Conditional Use Permits for uses and purposes authorized by this Ordinance by resolution and may impose such additional conditions and safeguards in permits as may be necessary to protect the Comprehensive Plan and the general purpose and intent of this Ordinance Applications for Conditional Use Permits shall include a site plan and such other information required by the City which shall be processed in the following way SECTION 14:8-3.3 VARIANCES -LIMITATIONS The Board of Zoning Appeals (BOZA) may grant Variances from the strict application of the provisions of this Ordinance and impose conditions and safeguards in the Variances granted in cases where by reason of narrowness, shallowness, shape of a lot, exceptional topographic or water conditions, or other extraordinary and exceptional conditions of the lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship to the owner of the lot in developing or using the lot in a manner customary and legally permissible in the Use District in which said lot is located C Notice After receipt of a complete application, the City shall set a date for a public hearing before the Board of Zoning Appeals for any variance request within forty-five (45) days of after the application for a variance is received by the City The public hearing shall be held only after the notice required by Section 14 8-3 1(A) of this Ordinance has been given I Combined Variance and Conditional Use Permit, Planned Unit Development Process, or Subdivision The City Council will act as the BOZA for variance requests made in conjunction with a conditional use permit, PUD application, or subdivision The Planning Commission shall hold the public hearing on the variance request, review the variance request along with the conditional use permit PUD application, or subdivision process, and report its Findings and recommendations to the City Council SECTION 14:8-4.0 AMENDMENTS SECTION 14:8-4.1 GENERAL A Initiation of Proceedings Proceedings for amendment of this Ordinance shall be initiated by a A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed b A recommendation of the Planning Commission c Action of the City Council Ordinance No 2146-99 16 d A recommendation of the Community Development Director SECTION 14:8-4.2 ADDITIONAL REQUIREMENTS FOR AMENDMENTS CHANGING ZONING DISTRICTS AND BOUNDARIES THEREOF B Hearings After an application is received for a change to the Zoning Ordinance, the City shall set a date for a public hearing At the time set for the hearing, the Planning Commission shall hear arguments for and against the proposed change, and may continue the hearing from time to time not exceeding forty-five (45) days from the original date specified in the notice of hearing If a hearing is continued more than once, another notice shall be given in accordance with Section 14 8-4 2(C) C. Notice A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates For the purpose of giving mailed notice, the person responsible for mailing the notice may use the records of the County Auditor of Hennepin County or any appropriate records to determine the names and addresses of owners A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the record of the proceedings The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made Proof of service shall be made by the affidavit of the persons serving same and shall be filed with the City Clerk The Commissioner of the Department of Natural Resources shall be notified at least ten days in advance of the public hearing of any request to amend the boundaries of the FW, FF, AND FD districts FW, FF, or FD boundaries shall not be amended unless the City provides adequate information to the Commissioner of the Department of Natural Resources that the map is in error or the lands are adequately protected from flood D Zoning Text Changes A zoning text change shall require published notice of the public hearing for two (2) consecutive weeks as required in Subsection C above E Fees For Rezoning and Amendments to the Text No application for change in the boundaries of any zoning district or for change in the text of the Zoning Ordinance shall be filed until the person making the request has paid to the City Treasurer a fee the amount which has been set by Resolution of the City Council If the City Planning Commission initiates proceedings for rezoning and text amendments, the Council may require that such payment be made by owners of property involved before making any change F Planning Commission Recommendation Any proposed change to the Zoning Ordinance shall be submitted to the Planning Commission After holding a public hearing and deliberating on the request, the Planning Commission shall render a finding that all amendments to the Zoning Ordinance map and text are consistent with the Comprehensive Plan and shall submit Ordinance No 2146-99 17 its findings and recommendation to the City Council within forty-five (45) days after submission of the matter to it If no recommendation is given to the City Council by the Planning Commission within forty-five (45) days after the request for a recommendation has been made to the Planning Commission, the City Council may take action without a Planning Commission recommendation G The City Council shall act on the proposed change within 45 days after reviewing a recommendation from the Planning Commission, or a period of 45 days has elapsed from the time the Planning Commission received the request, if no recommendation was made This period may be extended if the applicant agrees to a time extension SECTION 14:8-4.3 SPECIAL PROCEDURE FOR COMPREHENSIVE REZONING Whenever the Planning Commission, in its capacity or acting on referral from the City Council, recommends a comprehensive rezoning of a substantial part of the City which consists of not less than fifty (50) lots of platted area or five (5) acres of unplatted area in order to conform to changing conditions, the City Council may make all or a part of that recommendation effective by amendment to this Ordinance In such a case, the provisions of Section 14 8-5 2 shall not be applicable, but the procedure for such amendment shall be as follows C Planning Commission Hearing The Planning Commission shall meet and conduct a public hearing upon the proposed rezoning amendment at the time and place specified in the notice prior to making a recommendation for a Comprehensive Rezoning to the City Council The hearing may be adjourned from time to time by the Planning Commission, but it shall not be continued more than sixty (60) days from the date of the original hearing_ D Adoption The City Council shall act upon the proposed rezoning not less than seven (7) days nor more than sixty (60) days after it receives a recommendation from the Planning Commission A two thirds (2/3) vote of all members of the Council shall be required to adopt any amendment to the Zoning Ordinance The City Council may alter the amendment proposed, but if the alteration results in a modification of the zoning map filed at the time of the first publication of notice of the hearing, it shall not be made until ten (10) days after notice has been given by registered mail to the owner of the property to be zoned that an amendment is being considered and may be adopted which is different from that shown on the zoning map filed in support of the requested zoning change E. Publication If an Ordinance is adopted which provided for comprehensive rezoning even though less than the entire City is affected, the City Council shall require that new zoning maps be prepared showing the zoning district boundaries after adoption of the comprehensive amendment Those maps shall be published as part of the publication of the Ordinance amendment The Zoning Ordinance need not describe the tracts of land included in each zoning district in any way other than by reference to the zoning maps required by this Section SECTION 14:8-4.4 PROCEDURE FOR COMPREHENSIVE PLAN AMENDMENTS PURPOSE AND INTENT The Comprehensive Plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the City of St. Louis Park The Comprehensive Plan includes goals, policies and standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution and is an Ordinance No 2146-99 18 adopted statement of City policy concerning development The Zoning Ordinance is adopted for the purpose of carrying out the policies and goals of the Comprehensive Plan The Planning Commission shall render a finding that all amendments to the Zoning Ordinance map and text are consistent with the Comprehensive Plan AMENDMENTS A Initiation of Proceedings Proceedings for amendment to the Comprehensive Plan shall be initiated by. 1 A petition of the owner or owners of the actual property, the guiding of which is proposed to be changed 2 A recommendation of the Planning Commission 3 Action of the City Council 4 A recommendation of the Community Development Director B Amendment Process 1 Any person requesting a change in the Comprehensive Plan shall submit an application in the form prescribed by the City The application shall describe the change requested, state the reasons for the requested change, and attach documentation to support the request The applicant shall pay a fee established by the City Council when the application is filed with the Director of Community Development If the request requires a change in the Comprehensive Plan Map, two copies of a list of the names and addresses of property owners of record of all properties within 500 feet of the parcel for which the change is requested shall be filed with the application The names and addresses of property owners within 500 feet may be obtained from the County Auditor of Hennepin County or other appropriate records 2 The Director of Community Development shall forward a copy of the proposed request to adjacent municipalities, the affected school district, Hennepin County, and the affected watershed district within ten (10) working days of receipt of the request by the City 3 The Director of Community Development shall set a date for a public hearing on the request by the Planning Commission Notice of the public hearing shall be published at least ten (10) days before the date of hearing, and, if the request requires an amendment of the Comprehensive Plan Map, notice shall be mailed to all property owners of record within 500 feet of the subject property at least ten (10) days before the date of the hearing The Planning Commission shall hold the public hearing on the date stated in the notice and may continue the hearing once If the Planning Commission believes it necessary to continue the hearing a second time, a new notice shall be published for the continued hearing 4 The Planning Commission shall consider the testimony received at the public hearing, the staff reports, and other material it deems pertinent and shall report its findings and recommendations to the City Council The City Council shall receive the recommendation of the Planning Commission and set a date for a public hearing on the request before the City Council 1 1 1 Ordinance No 2146-99 19 5 All Comprehensive Plan amendments shall be adopted by resolution of the City Council approved by a two-thirds (2/3) majority of all members of the Council contingent upon approval of the Metropolitan Council The resolution shall be forwarded to the Metropolitan Council within 10 days following City Council approval The resolution shall be published following its adoption no later than twenty-one (21) days after the date of its passage The date of passage is the date of final Metropolitan Council approval if no revisions are requested The resolution shall be effective upon its publication 6 Requests for Zoning Ordinance amendments for property affected by a pending request for a Comprehensive Plan map amendment may be handled concurrently, however, the approval of such application shall be conditioned upon the approval of the Comprehensive Plan amendment by the Metropolitan Council and shall not become effective until after such approval is received 7 If the requested Comprehensive Plan amendment involves a land use or density change on a particular parcel of land, no request for a conditional use permit, planned unit development, or variance related to that parcel shall be accepted for processing until action on the Comprehensive Plan Amendment has been completed C Exceptions When changes to the Comprehensive Plan involve a complete Comprehensive Plan revision, notice to individual property owners is not required However, notice of public hearing at the Planning Commission shall be published in the official newspaper on three consecutive weeks, the latest at least 10 days prior to the public hearing SECTION 14:8-6.4.GENERAL CONDITIONS FOR CONTINUED SPECIAL PERMIT USES D Property covered by a continued special permit may be expanded, altered or modified subject to all of the following 3 The expansion, alteration, or modification shall follow the same procedures for approval as required by Section 14 8 for Conditional Use Permit amendments This includes a finding that the amended continued special permit is consistent with the Comprehensive Plan Sec 3 The contents of Planning Case File 99-12-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 Review -d for Administration /::. iAr Al Attest anager Adopted by the it, C,o n• it October 4, 1999 • 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 pnnted public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Wednesday, the 13 day of October , 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 he size and kind of type used in the composition and publication of the notice abcdefghii klmnopgrstuvwx Subscnbed and sworn to r affir ed kefore me on this /3 day of 1999 ti Pub isl her Not6 Publ'ie''”"6.419. - ;,,h -,.7:, °:r:e?iDEL HED®L �9 ;‘,...t..%; r,,Ad9s :31,",RYPUBLIC -MINPESOTA ;1 i.--.5,' � HENNEPIN COUNTY ,,k 1 r, Co'rness n Expes Jan 31, 203O CV:n .,:aa;.I,W. wa :z:?:,::sx r.9:stSss^:. 4s. 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 _ jli (Official Publication) SUMMARY ORDINANCE NO. 2146-99 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:1.1,1-2,2.5, 3-1,4-1,4-3,4-4, 5-4,5-5,5-6,5-7,6-1, 6-5,6-6,6-7,8-2,8-3, and 8-4 This ordinance states that Sections 14 1-1, 1-2, 2-5, 3-1, 4-1, 4-3, 4-4, , 5-4, 5-5, 5-6, 5-7, 6-1, 6-5, 6-6, 6-7, 8-2, 8-3, and 8-4 of the Zoning Ordinance shall be amended relative to language'changes including modifications to provisions regulating usable open space, building height, accessory structures, yard encroachments, fences, lot definitions, al- lowable modifications by PUD, parking ramp architecture, parking, residential uses in the C2 Use Distnct, consis- tency with Comprehensive Plan, and administration This ordinance shall take effect 15 days after publication Adopted by the City Council October 4, 1999 ' /e/ Jeffrey W Jacobs Mayor rA copy of the full text of this ordinance is available for in- spection with the City Clerk (October 13, 1999) A3/ Ord 2146-99