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Home My WebLink About2275-04 - ADMIN Ordinance - City Council - 2004/07/19ORDINANCE NO. 2275-04 AN ORDINANCE AMENDING CHAPTER 36 (ZONING) OF THE ST. LOUIS PARK CODE RELATING TO MOTOR FUEL STATIONS, TEMPORARY STRUCTURES, RESTAURANTS IN THE OFFICE DISTRICT AND TREE PROTECTION THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-22-ZA) Section 2. The St. Louis Park Ordinance Code, Section 36 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Section 3. Section 36-223(d) is amended as follows: Section 4. (2) Restaurants with intoxicating liquor license The conditions are as follows. a. Restaurants with intoxicating liquor licenses shall be permitted only as part of a larger development which contains at least one other principal use or as partofaPUD license is to be located is immediately adjacent to and is able to share parking Section 36-244(d) is amended as follows - (1) Motor foil station. The conditions are as follows. a. A bufferyard F shall be constructed along all lot lints abutting an R district The bufferyard shall include an F6 wall as described under section 36 b All pump islands, air dispensers and othcr service devices shall be place within the required yard. On sites where pump islands have been c All parking and paved areas shall nieet the grading, dcsign, and d c All on site utility installations shall be placed No outside sales or display shall be permitted underground except for goods consumed more than five feet in height. No other vehicular parts and nonautomobile Ordinance No 2275-04 -2- f Canopy and canopy support systems shall be constructed using Gizc of the lot, thc location of thc principal building on the lot, or similar the o of the lot Section 5. Section 36-244(e) is amended as follows. (9) Motor fuel station Subject to the following conditions: a The motor fuel station shall be for fleet vehicle use only, and shall not be open to the public. b A bufferyard F shall be constructed along all lot lines abutting an R district The bufferyard shall include an F6 wall as described under section 36- 364 which shall be adequately maintained. Application of this provision shall not require a wall within the required front yard c. All pump islands, air dispensers and other service devices shall be installed toward the interior of the lot at least 12 feet from the required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight feet will be installed in the required yard d All parking and paved areas shall meet the grading, design, and landscaping requirements of section 36-361. e All on-site utility installations shall be placed underground f. Canopy and canopy support systems shall be constructed using architectural design and materials which are compatible with the principal structure. Only incidental regulatory signage may be permitted on the canopy and canopy support systems g. No sound generated on the site by any means including a public address system shall be audible from any R distnct h Modification of the requirements of this section may be made for businesses in existence on the effective date of the ordinance from which this chapter is derived, if the city council finds that, because of the shape of the lot, size of the lot, the location of the principal building on the lot, or similar circumstances, it would be impossible to satisfy the strict terms of this section or • Ordinance No. 2275-04 -3- that they could be satisfied only by imposing exceptional or undue hardship upon the owner of the lot This section shall not be interpreted to allow public use of the motor fuel station Section 6. Section 36-82(b)(3) is amended as follows: a Temporary construction structures are regulated under Section 36- 82(b)(1) b. Temporary structures shall not be permitted for a period of time exceeding six months per calendar year, except that temporary structures used for the storage of vehicles, equipment or other household items shall not be permitted for more than 14 days per calendar year on any parcel that is zoned residential and used or subdivided for residential Section 7. Section 36-81(e) is amended as follows: (1) Before any construction or grading of any development project occurs, orange "safety fence" at least four feet in height, and staked with steel posts no less than every five feet or crosie shall be placed around the dripline borders of woodlots and or the drip lines of significant trees to be preserved. Signs shall be placed along this fence line identifying the area as a tree protection area, and prohibiting grading beyond the fence line. This fence must remain in place until all grading and construction activity is terminated *** (5) Pruning of oak and elm trees must not take place from May 1 April 15 through July 31 (As per Ordinance 2257-03) If wounding of oak or elm trees occurs, a nontoxic tree wound dressing must be applied immediately Excavators must have a nontoxic tree wound dressing with them on the development site Section 8. Section 36-81(0 is amended as follows: (0 Penalties for violation Any tree not exempted by Section (c)(2)a of this section that is visibly damaged or has a root system that has been driven on causing soil compaction or the soil within the root zone has been compacted in any way, shall be replaced in accordance to the tree replacement formula found in section (c)(2)b. of this section, or as per Section (b)(2) of this section for public trees Also, aAny person who is not authorized by the city who removes any tree from any public property without first obtaining a permit and any person who fails to replace trees in the manner provided in this subsection shall, in addition to the criminal penalties prescribed by law, be required to pay to the city the estimated cost of tree replacement in the amount determined by the city. Upon determination that this has occurred, the city shall submit a bill for the amount of tree replacement If that amount is not received by the city within 90 days, such amount shall be assessed as a special assessment on any land owned by the person violating this chapter which is located in the city Ordinance No. 2275-04 -4- Section 9. The contents of the Planning Case File No. 04-22-ZA is hereby entered into and made part of the public hearing record and the record of decision for this case. Section 10. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. Review d for Administration City Attest: Adopted by the City Council July 19, 2004 Approved as to Form and Execution: • • • • STATE OF MINNESOTA) ss. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -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. §331 A.02, §331 A.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 week(s); it was first published on Thursday, the 29 day of July 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2004; and pnnted 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 publica- tion of the notice: • abcdefghq klmn opgrstuvwxyz Subscnbed and sworn to or affirmed before me on this 29th day of July , 2004. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 0) Maximum rate allowed by law (3) Rate actually charged $ 2.85 per line $ 6.20 per line $ 1.40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2275-04 AN ORDINANCE RELATING TO MOTOR FUEL STATIONS, TEMPORARY STRUCTURES, RESTAURANTS IN THE OFFICE DISTRICT AND TREE PROTECTION This ordinance states that stand alone motor fuel stations will be ehmmated as a conditional use in the General In- dustrial District, the temporary structure ordinance will be clarified, restaurant conditions m the Office Distract will be clarified, and tree protection standards will be re- quired during construction activities This ordinance shall take effect 15 days after pubhcation Adopted by the City Council July 19, 2004 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (July 29, 2004) a3/ Ord 2275motor fuel stations