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HomeMy WebLinkAbout2414-12 - ADMIN Ordinance - City Council - 2012/05/07• • ORDINANCE NO. 2414-12 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY ADOPTING SECTIONS 36-231 THROUGH 36-233 RELATING TO THE BUSINESS PARK DISTRICT 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. 12-02-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-231 through 36-233, and Section 36-142 is hereby amended by deleting stricken language, adding underscored language, and renumbering subsequent Divisions and provisions. Section breaks are represented by ***. *** ARTICLE IV. ZONING DISTRICTS § 36-231 DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS Sec. 36-231. Purpose of division. The provisions of this division deal with business park uses of land and structures in the city. Sec. 36-232. Business Park (BP) district restrictions and performance standards. No structure or premises within any BP district shall be used for any use allowed as permitted, permitted with conditions, Conditional Use Permit, or Planned Unit Development, unless it complies with the following regulations: All activities conducted in a BP district shall be conducted wholly within an enclosed structure except as specifically permitted elsewhere in this chapter. (1) Outdoor storage shall be prohibited in the BP district. (2) All delivery service entrances to a building in the BP district shall be from a public alley, service alley, or off-street parking lot. (3) No vehicular curb -cuts shall be permitted within a distance of 50 feet from any intersection, unless the City Engineer determines that such a curb -cut is necessary and will be safe for pedestrians or bicyclists using nearby trails, sidewalks, or roadways. (4) Structures shall not generate significant traffic on local residential streets Where possible, structures shall be accessed from a roadway identified in the Comprehensive Plan as a collector or arterial. Ordinance No. 2414-12 ' -2- (5) Off-street parking shall not be located between any buildings and an adjacent residential property line. (6) The Zoning Administrator shall review plans for all loading docks, which to the greatest extent possible should be screened from the right-of-way and should not be located between the principal building and any adjacent residential property line. (7) Truck activity routes shall be reviewed to account for the expected level of pedestrian traffic. Such routes should be designed to minimize impacts to pedestrian and bicycle routes and safety issues during periods of truck activity. (8) The processes and equipment used to conduct _the business of a primary use on any site in the BP district shall meet the following requirements: a. Vibration.' Any' vibration discernible beyond, • the property line to the human sense of feeling''for three minutes or more `duratiod(cumulative) in any one hour and any.vibration..produeing a particle velocity of more than 0.035 inch per second are -prohibited. b. Glare or heat Anti, operation eration producing intense glare or heat shall be •performed within an enclosure 'so as -not -to be -Perceptible at the property line. = c. - Noise: -Noise levels both inside and outside of -buildings -must meet federal, state and local requirements which.maybe amended from time_to time. - ,d: Air 'pollution.,:All emissions" `shalk meet federal, - state and local requirements Which-mav be amended -from time'to time. = , (9)'Uses-located upon parcels' located adjacent lo a parcel zoned; -guided or used'for ' residential purposes may operate only between' the hours =of 7:00 AM and 10:00 PM. The Zoning Administrator -may, in writing; waive this performance standard if.itcan be demonstrated=that'overnight operations will have no, negative ,-effects On adjacent properties. (10) Sidewalks at_least five feet in width shall be provided along all sides of the lot that abut a public street. Sec. 36-233. BP business park district. (a) Purpose / effect. The purposes of the BP business park district are to: (1) Encourage the creation of significant employment centers that accommodate a diverse mix of office and light industrial uses and jobs. (2) Allow for redevelopment and intensification of sites to provide a greater diversity of employment opportunities within the community, increase development densities and jobs per acre, and improve overall site aesthetics and building design. • • Ordinance No. 2414-12 -3- (3) Shape redevelopment to meet the requirements of the market to provide efficient building types with sufficient access, high clear heights, truck courts, and aesthetically pleasing buildin&exteriors and sites. (4) Encourage and support the appropriate evolution and expansion of individual businesses to improve the climate for business growth and foster conditions favorable to increasing the amount of finished square footage and the number of jobs per acre in BP areas. (5) Protect planned Business Park areas from encroachment from non-affiliated or incompatible uses, while enhancing their compatibility with nearby residential areas. (6) Promote and support the redevelopment or rehabilitation of physically and economically obsolete or underutilized buildings and sites. (7) Promote business park developments that utilize efficient land use and building designs, including multi -story buildings, multi -tenant buildings, and structured parking. (8) Encourage and support new business park developments that are designed as employment centers that are integrated in to the community with strong connections to adjacent public streets and spaces, natural features, transit, and other community amenities. (9) Encourage shared parking between uses, including flexible parking arrangements to allow for multi -modal use of available transit and regional trail facilities. (10) Regulate the trade and commerce of the community. (11) Provide opportunities for multi -modal activity on streets and an improved, desirable environment for pedestrians and other non -motorized modes of transportation. (b) Permitted uses The following uses with a floor area ratio (FAR) of less than 1.0 are permitted in the BP distract: (1) Banks (2) Business / trade school. (3) College / University. (4) Libraries. (5) Medical and dental office or laboratory. (6) Museums/art galleries. (7) Offices. Ordinance No. 2414-12 (8) Parks and -open spaces. (9) Parks and recreation. (10) Police and fire stations. (11) Research and Development. (12) Transit stations. -4- (c) Uses permitted with conditions. A structure or land in any BP district may be used for one or more of the following uses if it has a floor area ratio (FAR) of less than 1.0 and complies with the performance 'standards as stated in Section 36-232 and the conditions stated below: (1) Catering. The conditions are as follows:, _ a. Any exhaustsystem venting to the outdoors shall be located away from residential' area's.- _ _ ; - ' b. Outside storage -of catering vehicles or associated equipment is prohibited. (2) Adult daycare: ,The conditions are as folloWs:l. -a. The useniust-have aminimum of 150 square -feet of outdoor area per -adult :under -care dedicated to outdoor activity•or be within'/ mile of a'city-park. (3) Communication antennas.• The conditions are, as -follows: Antennas must be attached to an existing.'stiucture. b._ Antennas shall T_be_subject 'to `,all- provisions of Section.36-368; _ • "Communication Towers and Antennas".,.} _ (4) Educational. tducational,uses for students grades K-1'2, subject `to -conditions as _follows: •The 'use- must -have a minimum of 40 ` square : feet of `outdoor area per student dedicated to outdoor student activity `or -be' within % mile of a city -park: _ - ' b. ,The' Use may not. exceed 25%- of the gioss floor, area of a single story building or 50%Of the -ground floor in a multi-story_building: (5) Group day care/nursery schools.:The conditions are as follows: a. The use must have a minimum of 40 square feet of outdoor area per pupil dedicated to outdoor activity or be within '/ mile of a city park. b. The use may not -exceed 25% of the -gross floor area of a single story building or 50% of the ground floor in a multi -story building. c. Provision shall be made for drop-off and pick-up of children or students. (6) Indoor entertainment, The conditions are as follows: a. The use may not exceed 10% of the gross floor area of a multi -use building. b. The use must be so located as to be visible and easily accessible to pedestrians from the public right -of --way. - • • Ordinance No. 2414-12 -5- (7) Public Service Structures. The conditions are as follows: a. All structures shall be located a minimum of ten feet from any parcel that is zoned residential. b. All service drives shall be paved. (8) Restaurants, Retail or Service. The conditions are as follows: a. The use may not exceed of 25% of the gross floor area of a multi -use building or 50% of the ground floor area in a multi -story building, whichever is greater. b. The use must be so located as to be visible and easily accessible to pedestrians from the public right-of-way. (9) Studios. The conditions are as follows: a. The use may not exceed 25% of the gross floor area of a multi -use building. (d) Uses permitted by conditional use permit. No structure or land in a BP district shall be used for the following uses except by conditional use permit. These uses shall comply with all standards of the Zoning Ordinance, Chapter 36, and shall only be permitted if findings are produced indicating that there are no adverse impacts upon the health, safety and welfare of the community. (1) Uses allowed as "Permitted" or "Permitted with Conditions" in the BP district with a floor area ratio (FAR) equal to or greater than 1 0 (2) Light Assembly or Low Impact Manufacturing and Processing. (3) More than one principal building. a. Uses where more than one pnncipal building is located on a single lot. (4) Parking ramps. a. Parking ramps constructed as the principal use on a site shall meet the dimensional standards of this Section. b. Parking ramps shall meet or exceed the architectural design standards for principal buildings found in Section 36-366. c. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a "Collector" or higher in the Comprehensive Plan shall be dedicated to non -parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. d Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. e. Snow removal areas shall not be located in the front yard or side yard abutting a street. (e) Uses permitted by PUD. A structure or land in a BP distnct may be dedicated to non- residential uses meeting the purpose and effect of the Zoning Distnct through the PUD process, if such uses are pnmarily dedicated to increasing employment density and furthering the goals of the Comprehensive Plan. Such uses shall comply with the requirements of the Ordinance No. 2414-12 -6- performance standards in Section 36-232. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (1) Accessory uses. Within any BP district, the following shall be permitted accessory uses, subject to any required conditions: (1) Food service. The conditions are as follows: a. The use must be located on the ground floor. b. The use may not exceed 25% of the building's total floor area. (2) Incidental repair or processing ancillary to the principal use that does not exceed 5 percent of the gross floor area, subject to the following conditions: a. The use shall be located to the rear of the principal structure. b. The use shall meet all conditions of Sections 36-232 (a) and (b). (3) Large Item Retail Sales. The conditions are as follows: a. The use may not exceed 15% of the building's total floor area. (4) Parking ramps, subject to the conditions for parking ramps found in Section 36- 233 (d)(6). (5) Parking lots. (6) Post Office Customer Service. (7) Showroom. (8) Warehouse / Storage. (g) Dimensional standards. The dimensional standards are as follows: (1) The height of structures or buildings on sites within the BP zoning district shall be limited as follows: a. Sites located immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of four (4) stories or 55 feet in height. b. Sites separated by a public right-of-way or not immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of eight (8) stories or 110 feet in height. (2) The floor area ratio for structures or buildings within the BP district shall not exceed 2.0, nor shall the floor area ratio be less than 0.4. (3) Required yard depth (building setbacks) shall follow the requirements of Table 36-233 (a) except when superseded by the following: a. No building shall be located closer than 30 feet or the building height, whichever is greater, to a single family residential property line. b. The maximum front yard or side yard abutting a street (build -to line) may be increased to 25 feet from the property line if a courtyard, plaza, or seating area is incorporated into the development adjacent to the public street. c. The maximum yard (build -to line) requirement shall apply to at least 50% of a structure's elevation along the front yard or side yard abutting a street. Ordinance No. 2414-12 -7- Table 36-233 (a) Front Rear Side Side yard abutting a street Minimum 5 feet 10 feet 5 feet 5 feet yard Maximum 10 feet None None 10 feet yard (4) Each lot shall contain designed outdoor recreation area (DORA) at the ratio of 0.12 times the gross lot area, with the following exceptions and conditions: a. DORA shall not be required for any building or portion of a building dedicated to warehouse, showroom, parking ramp, or parking lot uses. b. DORA may be reduced by up to 25% if it is connected to and located within a quarter -mile of the regional trail system. c. DORA shall be developed into functional and aesthetic yard areas, plazas, courtyards, and/or pedestnan facilities compatible with or enlarging upon existing pedestrian links and open space. d. DORA shall be sited to enhance ecological habitat and increase opportunities for shared public use with the City's system of parks and open space whenever possible. Secs. 36-234-36-240. Reserved. *** Section 36-142 (e) Industrial Uses. The following are typical of the industnal uses referred to in this chapter. (5) Light Assembly means an operation that provides for a limited range of low intensity assembly activities, such as creating, repairing, or renovating products inside a fully enclosed building with minimal external effects. Light Assembly does not result in noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. Such uses may be associated with small offices or warehousing operations. (6) Low Impact Manufacturing & Processing means a facility that engages in the production of a physical commodity or changing the form of a raw ingredient within a fully enclosed structure. Such uses do not result in noxious or offensive odors, sounds, vibrations, emissions, smoke or external nuisances upon adjacent properties. It may include administrative offices, warehousing, and distnbution. This use does not include outdoor storage or overnight outdoor storage of commercial vehicles *** ' -t- Ordinance No. 2414-12 (12) Research and Development means a facility for basic and applied research or product development. It may include the testing of "agricultural, biological, chemical, magnetic, mechanical, optical'or other components in advance of product manufacturing. The work completed may result in the creation of new goods -or new intellectual property. Research and Development- `does not result in noxious or offensive odors, sounds, vibrations, emissions, 'or any external nuisances upon adjacent properties. This use does not involve the fabrication, mass manufacture, or processing of products. *** Sec. 3. The contents of Planning Case File 12-02-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. effectSec. 4. This Ordinance shall take' - ublication. Public ,Hearing February 1, 2012 , First -Reading „ - April -16, 2012 ' - -Second-Reading- -• ..May 7, 2012 , Date of Publication , „- May -17, 2012 _ , Date "Ordinance takes effect, , June' 1',=2012- • _ ` Reviewed for Adopte hithe City Council .May 7, 2012 Mayor Approve» as to,Form and Execution: www.MinnLocal.com mammon mom.. 109SCIESIGIB MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louts Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 17 day of May 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ___ day of 2012, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice • abcdef. hifkimnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2414-12 AN ORDINANCE CREATING NEW BUSINESS PARK ZONING DISTRICT This ordinance states that a new Busi- ness Park Zoning District has been adopted This ordinance shall take effect 15 days after publication Adopted by the City Council May 7, 2012 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk Published in St Louis Park Sun Sailor May 17, 2012 (May 17, 2012) A3-Ord2414-12 BY CFO Subscribed and sworn to or affirmed before me on this 17 day of May , 2012 • Notary Public DIANE L ELIASON NOTARY PUBLIC -MINNESOTA My Comm Exp Jan 31, 2015 RECEIVED MAY 1 8 2012 OFFICE OF THE CITY CLERK • • ORDINANCE NO. 2414-12 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY ADOPTING SECTIONS 36-231 THROUGH 36-233 RELATING TO THE BUSINESS PARK DISTRICT 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. 12-02-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-231 through 36-233, and Section 36-142 is hereby amended by deleting stricken language, adding underscored language, and renumbering subsequent Divisions and provisions. Section breaks are represented by ***. *** ARTICLE IV. ZONING DISTRICTS § 36-231 DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS Sec. 36-231. Purpose of division. The provisions of this division deal with business park uses of land and structures in the city. Sec. 36-232. Business Park (BP) district restrictions and performance standards. No structure or premises within any BP district shall be used for any use allowed as permitted, permitted with conditions, Conditional Use Permit, or Planned Unit Development, unless it complies with the following regulations: All activities conducted in a BP district shall be conducted wholly within an enclosed structure except as specifically permitted elsewhere in this chapter. (1) Outdoor storage shall be prohibited in the BP district. (2) All delivery service entrances to a building in the BP district shall be from a public alley, service alley, or off-street parking lot. (3) No vehicular curb -cuts shall be permitted within a distance of 50 feet from any intersection, unless the City Engineer determines that such a curb -cut is necessary and will be safe for pedestrians or bicyclists using nearby trails, sidewalks, or roadways. (4) Structures shall not generate significant traffic on local residential streets Where possible, structures shall be accessed from a roadway identified in the Comprehensive Plan as a collector or arterial. Ordinance No. 2414-12 ' -2- (5) Off-street parking shall not be located between any buildings and an adjacent residential property line. (6) The Zoning Administrator shall review plans for all loading docks, which to the greatest extent possible should be screened from the right-of-way and should not be located between the principal building and any adjacent residential property line. (7) Truck activity routes shall be reviewed to account for the expected level of pedestrian traffic. Such routes should be designed to minimize impacts to pedestrian and bicycle routes and safety issues during periods of truck activity. (8) The processes and equipment used to conduct _the business of a primary use on any site in the BP district shall meet the following requirements: a. Vibration.' Any' vibration discernible beyond, • the property line to the human sense of feeling''for three minutes or more `duratiod(cumulative) in any one hour and any.vibration..produeing a particle velocity of more than 0.035 inch per second are -prohibited. b. Glare or heat Anti, operation eration producing intense glare or heat shall be •performed within an enclosure 'so as -not -to be -Perceptible at the property line. = c. - Noise: -Noise levels both inside and outside of -buildings -must meet federal, state and local requirements which.maybe amended from time_to time. - ,d: Air 'pollution.,:All emissions" `shalk meet federal, - state and local requirements Which-mav be amended -from time'to time. = , (9)'Uses-located upon parcels' located adjacent lo a parcel zoned; -guided or used'for ' residential purposes may operate only between' the hours =of 7:00 AM and 10:00 PM. The Zoning Administrator -may, in writing; waive this performance standard if.itcan be demonstrated=that'overnight operations will have no, negative ,-effects On adjacent properties. (10) Sidewalks at_least five feet in width shall be provided along all sides of the lot that abut a public street. Sec. 36-233. BP business park district. (a) Purpose / effect. The purposes of the BP business park district are to: (1) Encourage the creation of significant employment centers that accommodate a diverse mix of office and light industrial uses and jobs. (2) Allow for redevelopment and intensification of sites to provide a greater diversity of employment opportunities within the community, increase development densities and jobs per acre, and improve overall site aesthetics and building design. • • Ordinance No. 2414-12 -3- (3) Shape redevelopment to meet the requirements of the market to provide efficient building types with sufficient access, high clear heights, truck courts, and aesthetically pleasing buildin&exteriors and sites. (4) Encourage and support the appropriate evolution and expansion of individual businesses to improve the climate for business growth and foster conditions favorable to increasing the amount of finished square footage and the number of jobs per acre in BP areas. (5) Protect planned Business Park areas from encroachment from non-affiliated or incompatible uses, while enhancing their compatibility with nearby residential areas. (6) Promote and support the redevelopment or rehabilitation of physically and economically obsolete or underutilized buildings and sites. (7) Promote business park developments that utilize efficient land use and building designs, including multi -story buildings, multi -tenant buildings, and structured parking. (8) Encourage and support new business park developments that are designed as employment centers that are integrated in to the community with strong connections to adjacent public streets and spaces, natural features, transit, and other community amenities. (9) Encourage shared parking between uses, including flexible parking arrangements to allow for multi -modal use of available transit and regional trail facilities. (10) Regulate the trade and commerce of the community. (11) Provide opportunities for multi -modal activity on streets and an improved, desirable environment for pedestrians and other non -motorized modes of transportation. (b) Permitted uses The following uses with a floor area ratio (FAR) of less than 1.0 are permitted in the BP distract: (1) Banks (2) Business / trade school. (3) College / University. (4) Libraries. (5) Medical and dental office or laboratory. (6) Museums/art galleries. (7) Offices. Ordinance No. 2414-12 (8) Parks and -open spaces. (9) Parks and recreation. (10) Police and fire stations. (11) Research and Development. (12) Transit stations. -4- (c) Uses permitted with conditions. A structure or land in any BP district may be used for one or more of the following uses if it has a floor area ratio (FAR) of less than 1.0 and complies with the performance 'standards as stated in Section 36-232 and the conditions stated below: (1) Catering. The conditions are as follows:, _ a. Any exhaustsystem venting to the outdoors shall be located away from residential' area's.- _ _ ; - ' b. Outside storage -of catering vehicles or associated equipment is prohibited. (2) Adult daycare: ,The conditions are as folloWs:l. -a. The useniust-have aminimum of 150 square -feet of outdoor area per -adult :under -care dedicated to outdoor activity•or be within'/ mile of a'city-park. (3) Communication antennas.• The conditions are, as -follows: Antennas must be attached to an existing.'stiucture. b._ Antennas shall T_be_subject 'to `,all- provisions of Section.36-368; _ • "Communication Towers and Antennas".,.} _ (4) Educational. tducational,uses for students grades K-1'2, subject `to -conditions as _follows: •The 'use- must -have a minimum of 40 ` square : feet of `outdoor area per student dedicated to outdoor student activity `or -be' within % mile of a city -park: _ - ' b. ,The' Use may not. exceed 25%- of the gioss floor, area of a single story building or 50%Of the -ground floor in a multi-story_building: (5) Group day care/nursery schools.:The conditions are as follows: a. The use must have a minimum of 40 square feet of outdoor area per pupil dedicated to outdoor activity or be within '/ mile of a city park. b. The use may not -exceed 25% of the -gross floor area of a single story building or 50% of the ground floor in a multi -story building. c. Provision shall be made for drop-off and pick-up of children or students. (6) Indoor entertainment, The conditions are as follows: a. The use may not exceed 10% of the gross floor area of a multi -use building. b. The use must be so located as to be visible and easily accessible to pedestrians from the public right -of --way. - • • Ordinance No. 2414-12 -5- (7) Public Service Structures. The conditions are as follows: a. All structures shall be located a minimum of ten feet from any parcel that is zoned residential. b. All service drives shall be paved. (8) Restaurants, Retail or Service. The conditions are as follows: a. The use may not exceed of 25% of the gross floor area of a multi -use building or 50% of the ground floor area in a multi -story building, whichever is greater. b. The use must be so located as to be visible and easily accessible to pedestrians from the public right-of-way. (9) Studios. The conditions are as follows: a. The use may not exceed 25% of the gross floor area of a multi -use building. (d) Uses permitted by conditional use permit. No structure or land in a BP district shall be used for the following uses except by conditional use permit. These uses shall comply with all standards of the Zoning Ordinance, Chapter 36, and shall only be permitted if findings are produced indicating that there are no adverse impacts upon the health, safety and welfare of the community. (1) Uses allowed as "Permitted" or "Permitted with Conditions" in the BP district with a floor area ratio (FAR) equal to or greater than 1 0 (2) Light Assembly or Low Impact Manufacturing and Processing. (3) More than one principal building. a. Uses where more than one pnncipal building is located on a single lot. (4) Parking ramps. a. Parking ramps constructed as the principal use on a site shall meet the dimensional standards of this Section. b. Parking ramps shall meet or exceed the architectural design standards for principal buildings found in Section 36-366. c. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a "Collector" or higher in the Comprehensive Plan shall be dedicated to non -parking uses. This requirement may be adjusted at the direction of the Planning Commission based on specific reasons related to site design. d Parking ramps shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. e. Snow removal areas shall not be located in the front yard or side yard abutting a street. (e) Uses permitted by PUD. A structure or land in a BP distnct may be dedicated to non- residential uses meeting the purpose and effect of the Zoning Distnct through the PUD process, if such uses are pnmarily dedicated to increasing employment density and furthering the goals of the Comprehensive Plan. Such uses shall comply with the requirements of the Ordinance No. 2414-12 -6- performance standards in Section 36-232. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (1) Accessory uses. Within any BP district, the following shall be permitted accessory uses, subject to any required conditions: (1) Food service. The conditions are as follows: a. The use must be located on the ground floor. b. The use may not exceed 25% of the building's total floor area. (2) Incidental repair or processing ancillary to the principal use that does not exceed 5 percent of the gross floor area, subject to the following conditions: a. The use shall be located to the rear of the principal structure. b. The use shall meet all conditions of Sections 36-232 (a) and (b). (3) Large Item Retail Sales. The conditions are as follows: a. The use may not exceed 15% of the building's total floor area. (4) Parking ramps, subject to the conditions for parking ramps found in Section 36- 233 (d)(6). (5) Parking lots. (6) Post Office Customer Service. (7) Showroom. (8) Warehouse / Storage. (g) Dimensional standards. The dimensional standards are as follows: (1) The height of structures or buildings on sites within the BP zoning district shall be limited as follows: a. Sites located immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of four (4) stories or 55 feet in height. b. Sites separated by a public right-of-way or not immediately adjacent to property zoned R-1 or R-2 shall be limited to the lesser of eight (8) stories or 110 feet in height. (2) The floor area ratio for structures or buildings within the BP district shall not exceed 2.0, nor shall the floor area ratio be less than 0.4. (3) Required yard depth (building setbacks) shall follow the requirements of Table 36-233 (a) except when superseded by the following: a. No building shall be located closer than 30 feet or the building height, whichever is greater, to a single family residential property line. b. The maximum front yard or side yard abutting a street (build -to line) may be increased to 25 feet from the property line if a courtyard, plaza, or seating area is incorporated into the development adjacent to the public street. c. The maximum yard (build -to line) requirement shall apply to at least 50% of a structure's elevation along the front yard or side yard abutting a street. Ordinance No. 2414-12 -7- Table 36-233 (a) Front Rear Side Side yard abutting a street Minimum 5 feet 10 feet 5 feet 5 feet yard Maximum 10 feet None None 10 feet yard (4) Each lot shall contain designed outdoor recreation area (DORA) at the ratio of 0.12 times the gross lot area, with the following exceptions and conditions: a. DORA shall not be required for any building or portion of a building dedicated to warehouse, showroom, parking ramp, or parking lot uses. b. DORA may be reduced by up to 25% if it is connected to and located within a quarter -mile of the regional trail system. c. DORA shall be developed into functional and aesthetic yard areas, plazas, courtyards, and/or pedestnan facilities compatible with or enlarging upon existing pedestrian links and open space. d. DORA shall be sited to enhance ecological habitat and increase opportunities for shared public use with the City's system of parks and open space whenever possible. Secs. 36-234-36-240. Reserved. *** Section 36-142 (e) Industrial Uses. The following are typical of the industnal uses referred to in this chapter. (5) Light Assembly means an operation that provides for a limited range of low intensity assembly activities, such as creating, repairing, or renovating products inside a fully enclosed building with minimal external effects. Light Assembly does not result in noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. Such uses may be associated with small offices or warehousing operations. (6) Low Impact Manufacturing & Processing means a facility that engages in the production of a physical commodity or changing the form of a raw ingredient within a fully enclosed structure. Such uses do not result in noxious or offensive odors, sounds, vibrations, emissions, smoke or external nuisances upon adjacent properties. It may include administrative offices, warehousing, and distnbution. This use does not include outdoor storage or overnight outdoor storage of commercial vehicles *** ' -t- Ordinance No. 2414-12 (12) Research and Development means a facility for basic and applied research or product development. It may include the testing of "agricultural, biological, chemical, magnetic, mechanical, optical'or other components in advance of product manufacturing. The work completed may result in the creation of new goods -or new intellectual property. Research and Development- `does not result in noxious or offensive odors, sounds, vibrations, emissions, 'or any external nuisances upon adjacent properties. This use does not involve the fabrication, mass manufacture, or processing of products. *** Sec. 3. The contents of Planning Case File 12-02-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. effectSec. 4. This Ordinance shall take' - ublication. Public ,Hearing February 1, 2012 , First -Reading „ - April -16, 2012 ' - -Second-Reading- -• ..May 7, 2012 , Date of Publication , „- May -17, 2012 _ , Date "Ordinance takes effect, , June' 1',=2012- • _ ` Reviewed for Adopte hithe City Council .May 7, 2012 Mayor Approve» as to,Form and Execution: