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Home My WebLink About2426-12 - ADMIN Ordinance - City Council - 2012/11/19ORDINANCE NO.2426-12 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-82, 36-163, 36-164, AND 36-165 MOBILE FOOD VEHICLES AND CATERING 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. 12-21-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-82, 36-163, 36-164, and 36-165 are hereby amended by adding underscored language. Section breaks are represented by Section 36-4. Definitions *** Mobile Food Vehicle means a vehicle or cart used to prepare and serve food and/or beverages. *** Sec. 36-82. Temporary uses. (a) Purpose and effect. The purpose of this section is to provide conditions under which temporary uses may be allowed in order to ensure a minimum negative impact to neighborhoods and neighboring land uses. (b) Authorized temporary uses. A structure or land in any use district may be used for one or more of the following temporary uses if the use complies with the conditions stated in this chapter: *** (10) Mobile Food Vehicle. Mobile food vehicles (vehicle) are permitted with the following conditions: a. The vehicle is not permitted on property that is zoned residential and used as a residential dwelling. b. The vehicle shall have all permits and licenses required by the State and Hennepin County to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state and county law. c. The vehicle may be parked in a public nght-of-way if the nght-of-way is closed as authorized by the City. d. The vehicle operator shall have wntten permission from the property owner to operate on their property. The written permission shall be kept with the vehicle, and made immediately available to the City upon request. Ordinance No. 2426-12 -2- e. Only food and non-alcoholic beverages shall be sold. f. The vehicle operator shall comply with the following site standards: 1) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the City. 2) The vehicle shall be located at least 30 feet away from an entrance to a public road. 3) The vehicle shall not disrupt traffic and parking. 4) The vehicle shall not have a drive-thru. 5) There shall be at least six feet of safe pedestrian passage around the vehicle. g. Hours of operation shall be limited to the hours between 7:00 a.m. and 10 pm. h. Lighting shall be limited to: 1) Vehicular lighting that is required by law. 2) Lights necessary to illuminate the inside of an enclosed vehicle, service deck of a cart, and thepoint of sale area of the vehicle. The lighting shall not extend above the vehicle, shall be downcast, and shielded in such a way to illuminate the vehicle, and a point of sale area only. The lighting shall not directly illuminate an area more than 10 feet away from the vehicle. i. Noise generated by the .vehicle and the use shall not become a nuisance. The operation of the vehicle shall adhere to the following: 1) No vehicle shall use or maintain any outside sound amplifying equipment, televisions or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles. 2) Power generators shall not exceed 70 decibels measured 10 feet away from the source. i. Signage shall be limited to the following: 1) Text and images permanently applied to the vehicle as a decal or painted image and text. 2) Signs that are attached to the vehicle. The signs shall not extend above the roof of the vehicle, or extend more than five inches beyond any side of the vehicle. These signs can be unlit or internally lit. 3) Text and images permanently applied to awnings that are attached to the.vehicle, do not extend above the height of the roof of the vehicle, and are at least six feet from the ground to the bottom of the awning. 4) Text and images permanently applied to umbrellas that are attached to a food cart. The umbrella shall be less than nine feet in height, and -maintain a clearance of at least six feet from the ground to the bottom of the umbrella. - 5) One Pedestrian sign as defined in Section 36-362. The Pedestrian sign must be located within five feet of the vehicle. k. Trash, litter, recycling and refuse shall be handled in the following manner: 1) All waste liquids, garbage, litter and refuse shall be kept in leak proof, nonabsorbent containers which shall be kept covered with tight -fitting lids and properly disposed of at the establishment -the vehicle operates from. Public trash cans shall not be used to dispose of waste generated by the operation. Excepted from this is the occasional use by customers. 2) No waste liquids, garbage, litter or refuse shall be dumped or drained into sidewalks, streets, gutters, drains, or any other place except the licensed food establishment. 3) The vendor shall provide a garbage receptacle with a tight fitting lid. The receptacle shall be easily accessible for customer use, and located within five feet of the vehicle. • Ordinance No. 2426-12 -3- 4) The operator shall be responsible for all litter and garbage left by customers. 1. Overnight parking of the vehicle is not permitted, except that a vehicle under a long term contract to operate on a premises may be kept overnight on the same premises with the following conditions: 1) The vehicle is open for business at least six hours and five days per week for every week it is kept on site. The business hours must be posted on the outside of the vehicle at all times. 2) The vehicle is kept along the front wall of the building, near the customer entrance of the building. 3) The vehicle is kept within 10 feet of the pnncipal building wall. 4) There is a minimum of six feet of pedestrian walkway between the vehicle and the edge of the sidewalk or marked pedestrian walkway. 5) Vehicles located on public property are exempt from these requirements pertaining to overnight parking. *** Sec. 36-163. R-1 single-family residence district. (a) Purpose and effect. The purpose of the R-1 single-family residence distnct is to provide appropnately located areas for single-family living on larger lots ensuring adequate light, air, privacy and open space for each dwelling; protect residents from the impacts of high levels of traffic; minimize traffic congestion; avoid the overloading of utilities by preventing the construction of buildings of excessive size when compared with surrounding structures; provide institutional and community services such as parks, schools, religious facilities, and community centers supportive of a residential area while safeguarding its residential character; and protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 district: * * * (14) Catering is permitted as an accessory use to Community Centers, Educational (academic) facilities, Country Clubs, and Religious Institutions with the following conditions: a. Vehicles used to receive and/or deliver food shall not be stored outside. *** Sec. 36-164. R-2 single-family residence district. (e) Accessory uses The following uses shall be permitted accessory uses in an R-2 district: *** (14) Catenng is permitted as an accessory use to Community Centers, Educational (academic) facilities, and Religious Institutions with the following conditions: Ordinance No. 2426-12 -4- a. Vehicles used to receive and/or deliver food shall not be stored outside. *** Sec. 36-165. R-3 two-family residence district. *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-3 district: *** (13) Catenng is permitted as an accessory use to Community Centers, Educational (academic) facilities, and Religious Institutions with the following conditions: a. Vehicles used to receive and/or deliver food shall not be stored outside. Sec. 3. The contents of Planning Case File 12-21-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. Revi •w d �i 111 City ager Public Hearing August 15, 2012 First Reading November 5, 2012 Second Reading November 19, 2012 Date of Publication November 29, 2012 Date Ordinance takes effect December 14, 2012 Administration Attest: Adopted by the City Council November 19, 2012 Mayo roved as to Form and Exe uti 11!\., City tt s rney • • ,wwvv:MinnLocal:com MEDIA _ ' ,AFFIDAVIT OE PUBLICATION ' .STATE OFMINNESOTA ',) )' SS COUNTY,OFHENNEPIN" '.` ,Richard Hendricksor,'being duly sworn'lon an oath;,states or affirms that he is the Chief ,Financial Officer of,the newspaper(s),known Sf Louis`Park'Sun-Sailor and has 'full'knowledge of -the" facts stated - (A) Thehewspaper has complied with,all of • the;requirements'constituting-qualhca- ,tion as -a qualified newspaper as provl'd-- ed by Minn Stat ,:§8.31A 02;'§331A.07, and other applicable laws as'arr ended . (B) The printed public notice that,is attached _was,pubhshed> in `said-newspaper(s) ' once eacI week, for 'one. successive • Week(s), it was first published on Thuks- _ day,,the -29 day of ' V November 20,12; -and,-Was thefeafter;printed,and- publlshed�omeyery.Thursday to-and.in- clu_ding'Thursdayy the = " day' of " - - ; 2012, ahOnnted belgW.is acopy;of-the lower case alpti-a- 6et-frorn A,to-Z;both inclusive, which is ' thereby acknowledged- as being the siie and,kind of_type'used in'the composition • and publication of the notice kimriopgrstuvwxyz A City of St. Louis•Park (Official Publication) SUMMARY ORDINANCE NO 2426-12 AN ORDINANCE REGARDING MOBILE FOOD VEHICLES AND CATERING This ordinance states that mobile food vehicles will be allowed as a temporary use on private property and catering will be allowed as an accessory use in the R- 1, -R-2 and R-3 residential zoning dis- tricts' - This ordinance shall take.effect 15 days - , after publication - Adopted by,the City Council November 19, 2012, Jeffrey W'Jacobs /s/ Mayors A copy of the full text of this ordinance is available for inspection with the'Crty Clerk , Published in St, Louis'Park Sailor No -r' vemtier 29, 2012,, (Nov 29, 2012) A3-Ord2426-12 BY CFO `Subscribed and sworn to or affirmed before me,on this? ' 29 ,day of Novembel;-,`,; 2012. ,'(:4`,,,,j Notary Public JULIA I. HELKENN NOTARY PUBLIC -MINNESOTA My Comm. Exp. Jen. 31, 2015 RECEIVED DEC 3 . 2012 OFFICE OF THE CITY CLERK • s ,ti