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HomeMy WebLinkAbout2267-04 - ADMIN Ordinance - City Council - 2004/04/12ORDINANCE NO. 2267-04 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-36, 36-37, 36-72, 36-115, 36-142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36-223, 36-266, and 36-367 REDEFINING AND STANDARDIZING OPEN SPACE REQUIREMENTS 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. 03-70-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-36, 36-37, 36-72, 36-115, 36- 142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36-223, 36-266, and 36- 367are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Defmition: Sec 36.4 Designed Outdoor Recreational Area means designed outdoor space intended for passive or active recreation accessible and suited to the needs of residents and/or employees. The area shall be functional and aesthetic, designed with clear edges, relate to the principal building or buildings, include sidewalk connections, seating, landscaping, and other amenities. The area should be compatible with or enlarge upon existing pedestrian links and public parks or open space and may include swimming pools, tot lots, courtyards, plazas, picnic areas, and trails within natural areas. Outdoor recreational areas shall not include driveways, parking areas, steep slopes, or ponds designed solely for stormwater retention. Open Lot Area means an area of a lot, not located within a front yard or side yard abutting a street that has a minimum dimension of 20 feet in all directions and does not include a building, driveway, outdoor storage, or parking space. Open covered porches, gazebos, decks, and patios are permitted encroachments into the open lot area. Swimming pools are permitted encroachments provided they do not occupy more than 50% of the open lot area. Sec. 36-36 Continuation of certain special permits. *** (d) General conditions for continued special permit uses. All land uses subject to continued special permits are subject to the following general conditions: Ordinance No. 2267-04 -2- *** (4) (b) *** *** Any nonconformities existing on the site shall be brought into greater or complete compliance with other provisions of this chapter to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions: 8. fie -open -space Designed Outdoor Recreational Area and Open Lot Area Sec. 36-37 Enforcement *** (a) (7) The yards, parkmg spaces, and -open -spaces designed outdoor recreation area, and open lot area required by this chapter for buildings existing at the tune of adoption of the ordinance from which this chapter is derived or for any building erected after its adoption, shall not be encroached upon or considered as part of the yard, parking space, designed outdoor recreation area, or open lot area required for any other building unless joint use of parking or a combination of yards or open -$paves designed outdoor recreation area or open lot area is specifically authorized by this chapter. No lot shall be divided nor shall any structure be erected or altered to reduce the floor area ratio below that required by this chapter for the district in which the lot is located. Sec. 36-72. Required yards and open space. (a) The area of a yard, bufferyard, or other open -space designed outdoor recreation area, or open lot area shall not be reduced below the minimum size required by this chapter. *** (c) If the existmg bufferyard er-ether-open-space designed outdoor recreation area, or open lot area is less than the minimum size required by this chapter, it shall not be reduced in size. (d) No yard er open -space designed outdoor recreation area, or open lot area which is required by this chapter for any structures shall be mcluded as a part of any yard or open space which is required by this chapter for another structure, except as provided in the regulations concerning the bufferyard. *** • • Ordinance No. 2267-04 -3- Section 36-115 Land use by zoning district: interpretation of land use tables. Op dwelling -unit TABLE 36-115B ZONING DISTRICTS TABLE OF BULK REGULATIONS R1 R2 R3 R4 RC C1 C2 0 IP IG MX 609 400 400 400 400 N/A N/4 N/A NSA N/A N/A TABLE 36-115D OPEN SPACE REQUIREMENTS Zoning District Single Family Cluster Housing Multi- Family Elderly Housing Nursing Home Group Home R1 -Single Family Residential 600/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R2 -Single Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R3 -Two -Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R4 -Multi -Family Residential 400/OLA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA RC -Multi -Family Residential NA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA C1 -Neighborhood Commercial NA NA 12% DORA 12% DORA NA NA C2 -General Commercial NA NA 12% DORA 12% DORA NA NA O -Office NA NA 12% DORA 12% DORA NA NA MX -Mixed Use NA NA 12% DORA 12% DORA NA NA Reductions may be allowed via the PUD process, if the development meets certain cntena OLA = Open Lot Area DORA = Designed Outdoor Recreation Area Sec. 36-142. Descriptions. (a) Residential uses. The following are typical of the residential uses referred to m this chapter. *** (8) Nursing home means a licensed health care facility providing lodging and 24-hour care for medically or physically impaired persons usually on a long-term basis. Residents of the facility do not have private apartments or kitchens. This use includes a food service and may include supporting medical and retail services for the residents. A quiet area is preferred arable Section 36-163 R-1 single-family residential district. *** (c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection. Ordinance No. 2267-04 -4- (1) Group home/nonstatutory. The conditions are as follows: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. * * * At least 12% of the lot area shall be developed as designed outdoor recreation area. (d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not have less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. 5. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. 6. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. Ordinance No. 2267-04 -5- b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: 1. The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions. 2. Suitable provisions for permanently retaining and maintaining the amenities and open space. 3. Building location, building groupings, landscaping, views to and from the units, building forms and materials, recognition of existing development and public facilities, and city goals and policies including the comprehensive plan as well as specific plans for the area. *** (f) Dimensional standards/densities. * * * (12) Each lot developed with a single-family residence shall contain at least 600 square feet of open lot area. , . *** Sec. 36-164. R-2 single-family residence district. * * * (c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use permitted in this subsection. (1) Group home/nonstatutory. The conditions are as follows: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. b. * * * At least 12% of the lot area shall be developed as designed outdoor recreation area. (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided m section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36-34(b). Ordinance No. 2267-04 -6- (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not have less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. Each lot developed with a single cluster housing unit shall contain a minimum of 400_ square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. 6. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot that abut a public street. *** (f) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (12) Each lot developed with a single-family residence shall contain at least 400_square feet of open lot area. For the purpose of this *** Sec. 36-165. R-3 two-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection (c): Ordinance No. 2267-04 -7- (1) Group home/nonstatutory. The conditions are as follows: a. At least 800 square feet of lot area shall be provided for each person housed on the site. b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (2) Nursing home. The conditions are as follows: a. A minimum of 600 square feet of lot area shall be provided for each person to be housed on the site. b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R district. c. *** least 12% of the lot area shall be developed as designed outdoor recreation area. At (d) Uses permitted by conditional use permit. No structure or land in any R-3 distnct 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 36-162, all the general conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36- 34. (1) Cluster housing. The conditions are as follows: a. Cluster housing shall meet the following minimum requirements: 1. No more than four dwelling units shall be incorporated in a single building. 2. The density of the development shall not exceed the density allowed in the zoning district in which the use is to be located; except when the use is located adjacent or across the street from public protected parks or open space which are equal to or greater than the area of the development site and the proposal is found to promote goals and policies of the city, the density may be increased by 60 percent. 3. The site shall not be less than one-half acre. 4. This section shall not be applied to conversion of existing dwelling units but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted. Ordinance No. 2267-04 5. *** -8- Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. (f) Dimensional standards/densities. The dimensional standards/densities are as follows: *** (9) Each lot developed with a single- family or two-family residence shall contain at least 400 square feet of open lot area per dwelling unit. *** (13) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common lot do not exceed the maximum density permitted within the zoning district. Provisions for epen—space designed outdoor recreation area 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. 36-166. R-4 multiple -family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one or more of the following uses if its use complies with the residential restrictions and performance standards of section 36-162 and those conditions specified for the use in this subsection (c): (1) Adult day care. The conditions are as follows: a. The facility shall be located in a religious facility, community center, nursing home or hospital. b. At least 12% of the lot area shall be developed as designed outdoor recreation area. Group home/nonstatutory. The conditions are as follows: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. Ordinance No. 2267-04 b. -9- At least 12% of the lot area shall be developed as designed outdoor recreation area. (4) Nursing home. The conditions are as follows: a. A minimum of 500 square feet of lot area 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 district. c. *** Y. resident. At least 12% of the lot area shall be developed as designed outdoor recreation area. (d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under section 36-34(b). • 1) Multiple family dwelling. The conditions are as follows: 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. . A minimum of 12% of the building lot shall be developed as designed outdoor recreation area. c. The minimum spacing between buildings shall be the average heights of the buildings. d. All buildings shall be located a minimum of 15 feet from the back of the curbline 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 this chapter to allow on -street parking. f. Sidewalks with a minimum width of five 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. Ordinance No. 2267-04 -10- (2) Cluster housing. The conditions are as follows: *** (3) a. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. b. The minimum spacing between buildings shall be the average heights of the buildings. 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 five 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 curbline 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. Elderly housing. The conditions are as follows: a. Property shall meet all of the conditions for multiple -family dwelling/cluster housing. b. c. Elderly housing shall provide a minimum of 1,000 square feet of lot area for each dwelling unit. d. The property owner shall record a covenant to run with the land executed in 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. (g) Dimensional standards/densities. The dimensional standards/densities are as follows: Ordinance No. 2267-04 *** (13) -11- dwelling unit located en the lot. Each lot developed with a single-family or two- family residence shall contain at least 400 square feet of open lot area per dwelling unit. (14) Any parcels which are subdivided 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 use district. Provisions for epen—space designed outdoor recreation area 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. 36-167. R -C high-density multiple -family residence district. *** (c) Uses permitted with conditions. A structure or land in an R -C district may be used for one or more of the following uses if it complies with the residential restrictions and performance standards of section 36-162 and with those specified for the use in this subsection: *** (1) Adult day care. The conditions are as follows: a. The facility shall be located m a religious facility, community center, nursing home or hospital. b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (3) Group home/nonstatutory. The conditions are as follows: a. A minimum of 800 square feet of lot area shall be provided for each person housed on the site. b. persea-lieused-m-the-site At least 12% of the lot area shall be developed as designed outdoor recreation area. (4) Nursing home. The conditions are as follows: 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 district. Ordinance No. 2267-04 *** c. -12- resident. At least 12% of the lot area shall be developed as designed outdoor recreation area. (12) Multiple family dwelling. The conditions are as follows: 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. feet per dwelling unit. A minimum of 12% of the building lot shall be developed as designed outdoor recreation area. c. The minimum spacing between buildings shall be the average heights of the buildings. d. All buildings shall be located a minimum of 15 feet from the back of the curbline 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 five feet shall be provided along all sides of the lot that abut a public street. Sidewalks shall also be provided between the public street and parking areas to all building entrances. g. Conditions listed in subsections (c)(12)a.--(c)(12)fe. of this section and certain performance standards may be waived or amended using the PUD process if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. (13) Cluster housing. The conditions are as follows: a. Each lot developed with a single cluster housing unit shall contain a minimum of 400 square feet of open lot area or a minimum of 12% of the total cluster housing development area shall be designed outdoor recreational area. Ordinance No. 2267-04 -13- 1111 b. The minimum spacing between buildings shall be the average heights of the buildings. 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 five 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 curbline 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. g. *** Conditions listed in subsections (c)(13)a.--(c)(13)€c and (c)(13)e-f. of this section and certain performance standards may be waived or amended using the PUD process 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 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 36-162, the general conditions of section 36-367, and with the specific conditions imposed in this subsection as follows: (1) Elderly housing. The conditions are as follows: a. Property shall meet all of the requirements of multiple -family dwellings. b. 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 in 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 11/ in aggregate size to a minimum of 15 square feet for each unit. *** Ordinance No. 2267-04 -14- (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 36-367: • _. _... I 1 - - - -- - - • - - - • - • -- - - - - - .. (14) Any parcels which are subdivided 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 epen--spaee designed outdoor recreation area 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. 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of the following uses if its use complies with conditions stated in section 36-192, and those specified for the use m this subsection (c). None of the following uses shall exceed intensity classification 4, except by conditional use permit: (1) Adult day care. The condition for adult day care is least 12% of the lot area shall be developed as designed outdoor recreation area. *** at (d) Conditional uses. No structure or land in a C-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the commercial restrictions and performance standards of section 36-192, the requirements of all the general conditions provided in section 36-365, with the specific conditions imposed in this subsection (d), and with any other conditions the city council may impose. *** (4) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas and pedestrianways is provided. d. The housing is located above the ground floor. e. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. Ordinance No. 2267-04 -15- f. The total number of units provided on an individual parcel does not exceed a density of 30 units per acre. g. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. h. A minimum of 12% of the site area is developed as designed outdoor recreation area. *** Sec. 36-194 C-2 general commercial district *** (c) Uses permitted with conditions. A structure or land in a C-2 district, may be used for one or more of the following uses if its use complies with conditions stated in section 36-192 and those specified for the use in this subsection (c): *** (25) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas, and pedestrianways is provided. d. The housing is located above the ground floor. e. The building where the housing is provided is a maximum of three stories in height. f. The total number of units provided on an individual parcel does not exceed eight. g. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. *** (d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall be used for the following uses except by conditional use permit. Those uses shall comply with the commercial restrictions and performance standards of section 36-192, all those general conditions provided in section 36-367 and with the specific conditions imposed in this subsection (d), and with any other conditions which may be imposed by the city council. *** Ordinance No. 2267-04 -16- (7) Multiple family dwelling and cluster housing. The conditions are as follows: a. It is part of a larger commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas and pedestrianways is provided. d. The housing represents a maximum of 30 percent of the ground floor area of total development. One hundred percent of floor area above the ground floor may be developed as housing. the site area is developed as designed outdoor recreation area. f. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. g. All dwelling units are at or above the grade of all land within a distance of 25 feet from all faces of the buildings. h. Buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. i. Housing density does not exceed 50 units per acre. J• The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (8) Elderly housing. The conditions are as follows: a. The property meets all of the conditional use requirements of multiple -family dwellings in subsection (d)(7) of this section. b. c. d. Covenants running with the land in a form approved by the city attorney have been recorded which restrict the use of the property for occupancy by the elderly. e. The development shall provide a lounge or other inside community rooms amounting to a minimum of 15 feet for each unit. • • Ordinance No. 2267-04 -17- f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. *** Sec. 36-222. Office district restrictions and performance standards; general provisions. *** *** Sec. 36-223 0 office district *** (e) Uses permitted by PUD. No structure or land in any 0 district shall be used for the following uses except by the PUD process. These uses shall comply with the requirements of all the general conditions provided in section 36-222 and with the specific conditions imposed in this subsection (e). Uses and structures which are permitted by nght, permitted with conditions, or permitted as conditional uses may also be permitted by PUD. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (1) Multiple family dwellings. The provisions are as follows: a. The housing is part of a larger development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks and open space, plazas and pedestrianways is provided. d. Housing -related uses do not represent more than 25 percent of the first story or 25 percent of the second story of any building in the development. f:e. No dwelling units are located below the second story of the building. All housing - related uses located within the first story shall be limited to common areas and rental offices. Ordinance No. 2267-04 -18- g.f. The minimum spacing between buildings in a multi -building project is at least equal to the average heights of the buildings except where dwellings share common walls. h.g. All buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. i. h. The density does not exceed 50 units per acre. The maximum density may be increased by up to 50 percent at the sole discretion of the city council if two or more of the following are provided: 1. At least 80 percent of the required parking is provided in underground or aboveground structures, including all levels of parking ramps. 2. Buildings are placed at or near the street right-of-way and off-street parking is screened from the public right-of-way by buildings. 3. At least 35 percent of the building ground coverage contains structures of six or more stories in height, thereby conserving open space within the development site. j.i.. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood m which it is located and conditions of approval may be added as a means of satisfying this requirement. (2) Elderly housing. The provisions are as follows: a. All of the requirements of multiple -family dwellings in subsection (e)(1) of this section are met. .. . fib. Covenants running with the land which restrict the use of the property for occupancy by the elderly in a form approved by the city attorney have been recorded. e -o- A lounge or other inside community room totaling a minimum of 15 square feet for each unit is provided. 4-d7 The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (3) Shopping centers. The provisions are as follows: Ordinance No. 2267-04 *** *** -19- a. The shopping center is part of a larger development permitted within the district. (g) Dimensional standards. The dimensional standards are as follows: (10) Each lot shall contain designed outdoor recreation area/plazas at the ratio of 0.12 times the gross floor area of all the structures on the lot; but shall not be less than 12 percent of the total lot area. These areas shall be developed into functional and aesthetic yard areas, plazas, courtyards and/or pedestrian facilities which are compatible with or enlarge upon the pedestrian links and public open space. The designed outdoor recreation area may be provided on a lot separate from the use provided that it is part of the overall development covered by a PUD process or that covenants which ensure the perpetuation of the required designed outdoor recreation area in a form approved by the city attorney be provided. MX — Mixed Use District *** Sec. 36-266 Dimensional/performance standards and general requirements. *** (4) The development site shall include a minimum of 12 percent fie—open--epase designed outdoor recreation area based on private developable land area. Ordinance No. 2267-04 *** -20- Section 36-367. Planned unit development (PUD) process. TABLE 36-367A ALLOWABLE MODIFICATIONS IN PUDS Chapter Requirement Maximum Modilcation Allowed Distance from property Imes, except when No required yards abutting residentially zoned or used property Distance from other buildmgs As building code allows Building height No maximum if consistent with the comprehensive plan Density 10% increase or as consistent with the comprehensive plan Ground floor area 5% increase Floor area ratio Limited by height, density and ground floor area restrictions Usable-epen-space Designed Outdoor Recreation 20% 33% decrease consistent with provisions Area below. If land is dedicated for park, then the decrease may be increased to 50% according to provisions below. Parking 15% decrease in addition to other allowable chapter reductions *** Ordinance No. 2267-04 -21- (4) An applicant for a PUD seeking modifications as permitted in table 36-367A shall • demonstrate how the proposal will enhance, support, and further the following objectives: a. Provide for integrated pedestrian facilities to and within the project; b. Enhance linkages to mass transit facilities; c. Increase the supply of low-income and moderate -income housing; d. Incorporate implementation of travel demand management strategies as part of the PUD plan; e. Provide public plazas and usable -open -space designed outdoor recreation area which exceeds minimum chapter requirements; and f. Provide a high degree of aesthetics through overall design and display of public art. (5) If the applicant is seeking modifications to the use district requirements for designed outdoor recreation area, those modifications are allowed at the sole discretion of the City Council based upon the following provisions. a. Reductions of up to 50% of the designed outdoor recreational area shall be approved by PUD at the sole discretion of the City Council only if the site meets of the following requirement: Land or cash in lieu of land is dedicated for parks, trails, and open space on a one for one basis up to a maximum of 50% of the requirement. b. If the full park dedication reduction is not taken, the City Council may consider reductions if the site meets one or more of the following requirements, but in no case may the reduction for these items exceed 33% or the cumulative reduction exceed 50% of the requirement: 1. Permanent accessible open space or regional trail is located on land within 600 feet of all buildings within the development and meets all of the following: i. Such open space or regional trail is deeded as public and designated in the Comprehensive Plan as Park or is protected by covenants which ensure its perpetuation for public use. ii. The land area of such open space is at least twice the size of the recreational area credit requested for the development site. iii. The development includes logical pedestrian/bicycle connections to the open space or regional trail. Ordinance No. 2267-04 -22- iv. The location of building service areas is away from the open space or in heavily screened areas. v. Design and location of buildings complement the scale and character of the open space, and vi. Use of substantial landscaping is provided to create transitions between the development and open space. Projects meeting all of the open space/trail requirements may reduce designed outdoor recreational area requirements by up to 20% 2. Public Art. Recreation space credits for public art are granted at the sole discretion of the city council and may reduce designed outdoor recreational area requirements by up to 20%. 3. Other public amenities. Recreational area credits for public amenities are granted at the sole discretion of the city council and may reduce the designed recreational area requirements by a maximum of 20%. 4. A redevelopment plan has been adopted into the Comprehensive Plan that approves reductions to designed outdoor recreational area by a maximum of 33%. 5. Indoor parks. Recreation space credits for sigmficant indoor recreational space, such as a park or courtyard, may be granted at the sole discretion of the city council and may reduce designed outdoor recreational area requirements on a one for one basis by up to a maximum of 20% *** (4) Final PUD plan. The final development plan for a PUD shall contain all of the following information: a. A final plat which meets the requirements of the Code provisions which create condominium ownership, if required. b. A final site plan drawn to scale showing the location of all structures including their placement, size and type as well as streets, parkmg areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space designed outdoor recreation area including public plazas and commons. Sec. 3. The contents of Planning Case File 03-70-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. • Ordinance No. 2267-04 Revi Administration City Mana Attest: =--,p y Clerk -23- Adopted by the City Council April 12, 2004 ayor 61 A proved as to Fo and VV\ ty ey STATE OF MINNESOTA) ss newspapers AFFIDAVIT OF PUBLICATION COUNTY OF CARVER) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Suri -Sailor , 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 Thursday, the 22 day of April , 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2004, 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 -..'cation of e notice abcdefghukimn Subscribed and sworn to or affirmed before me on this 29th day of April 2004 NotarylPub MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged • $ 2 85 Der line $ 6 20 per line $ 1 40 per line www.mnSun.com: City of St. Louis Park - (Offic.al Publication) n SUMMARY i ORDINANCE NO 2267.04 - AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-36, 36-37, 36-72, 36-115, 36-142, 36-163, 36-164, 36-165, 36-166, 36-167, 36-193, 36-194, 36-222, 36-223, 36-266, and 36-367 This ordinance amends various sections of the Ordinance Code to redefine and standardize open space requirements in the vanous zoning distracts This ordinance shall take effect 15 days after pubhcation Adopted by the City Council April 12, 2004 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor April 22, 2004 (Apr 22, 2004)A3/sum ord 2267 open space