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HomeMy WebLinkAbout2615-21 - ADMIN Ordinance - City Council - 2021/06/21Ordinance No. 2615-21 Ordinance amending Section 36-268-PUD 9 The City of St. Louis Park does ordain: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 21-12-PUD). Section 2. The St. Louis Park Ordinance Code, Section 36-268-PUD 9 is hereby amended by adding underscored text and deleting strikethrough text. Section breaks are represented by ***. Section 36-268-PUD 9. (a) Development Plan The site shall be developed, used and maintained in conformance with the following Final PUD signed Official Exhibits: 1. PUD Exhibit 2. G001 – Cover Sheet 3. G002 – Legend 4. G003 – General Notes 5. C001 – Existing Conditions and Removals 6. C003 – Tree Removals and Preservation Plan 7. C101 – Site Plan – Overall 8 .C102 – Site Plan Northwest 9. C103 – Site Plan Northeast 10. C101 – Site Plan South 11. 10. C201 – Temporary Erosion Control Plan 12. 11. C301 – Grading and Drainage Plan – Overall 13. 12. C401 – Sanitary Sewer and Watermain 14. 13. C402 – Storm Sewer Plan 15. 14. C801 – Site Details 16. 15. C802 – Site Details 17. 16. C901 – City Std Utility Plates 18. 17. C902 – City Std Utility Plates 19. 18. C903 – City Std Utility Plates 20. 19. C904 – City Std Erosion Control Plates 21. 20. C1001 – MNDOT Std Ped Curb Ramp Details 22. 21. C1002 – MNDOT Std Ped Curb Ramp Details 23. 22. L101 – Planting Plan – Overall 24. 23. L102 – Planting Plan – Northwest 25. 24. L103 – Planting Plan – Northeast 26. L104 – Planting Plan – South 27. 25. L801 – Planting Details 28. 26. V101 – Preliminary Plat 29. 27. V102 – Preliminary Plat 30. 28. V103 – Preliminary Plat 31. 29. E101 – Electrical Site Plan – Overall 32. 30. S001 – Site Plan DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 2 33. 31. A101 – North Building Floor Plans 34. 32. A102 – North Building Floor Plans 35. 33. A103 – North Building Floor Plans 36. 34. A104 – North Building Floor Plans 37. 35. A105 – North Building Floor Plans 38. 36. A106 – North Building Elevations 39. 37. A107 – North Building Illustrative Elevations 40. A201 – South Building Hotel & Residential Floor Plans 41. A202 – South Building Hotel & Residential Floor Plans 42. A203 – South Building Hotel & Residential Floor Plans 43. A204 – South Building Hotel & Residential Floor Plans 44. A205 – South Building Hotel & Residential Floor Plans 45. A206 – South Building Hotel & Residential Floor Plans 46. A207 – South Building Hotel & Residential Floor Plans 47. A208 – South Building Hotel & Residential Floor Plans 48. A209 – South Building Hotel & Residential Floor Plans 49. A210 – South Building Elevations 50. A211 – Hotel Elevations 51. A212 – South Building Illustrative Elevations 52. 38. A301 – E-Generation Floor Plans 53. 39. A302 – E-Generation Roof Plan 54. 40. A303 – E-Generation Elevations 55. A401 – 3D View 56. 41. A501 – Illustrative Sections 57. 42. A502 – Sections 58. 43. PLACE – Envelope Proposals 59. 44. PLACE – Sustainability Proposals 60. 45. PLACE – Proof of Parking 61. 46. PLACE – Lighting Proposals 62. 47. PLACE – Parking Requirements 63. 48. PLACE – Mobility Plan (Travel Demand Management Plan) The site shall also conform to the following requirements: 1) The property shall be divided into four two zones, as indicated on PUD Exhibit of the Official Exhibits. The zones shall be established by dividing the site into a northwest site, and a northeast site., a southwest site, and a southeast site. The northwest site shall be called “Site A – E-Gen”, and the northeast site shall be called “Site B – North”. the southwest site shall be called “Site C – Hotel” and the southeast site shall be called “Site D – South”. 2) Parking will be provided off-street in a surface lot, on-street, and in structured parking., and within the public plaza. The property shall be developed with 299 217 residential units, including 9918 live/work units, a 110 room hotel, a minimum of 35,000 5,000 square feet of ground floor commercial space, 0.88 acres of urban forest, an e-generation energy facility, and a greenhouse. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 3 Parking will be provided off-street in a surface lot, on-street parallel parking, and structured parking. A total of four-hundred-forty-seven (447) two hundred fourteen (214) parking spaces will be provided: 202 251 spaces for residential units or 0.83 0.93 spaces per dwelling unit, 110 spaces for the hotel or 1.0 space per hotel room, 76 7 spaces for non-residential uses and 10 5 spaces for shared cars. An additional 55 spaces are required as a proof of parking as indicated on Sheet 60 45 of the Official Exhibits. Parking requirements are provided based on Sheet 62 47 of the Official Exhibits. 3) The maximum height for Site A – E-Gen shall not exceed 33 feet for the building, and 40 feet for the flute. The maximum building height for Site B – North shall not exceed 61 feet and five stories and 78 feet for the helical wind turbine. The maximum height for Site C – Hotel shall not exceed 76 feet and six stories and the maximum height for Site D – South shall not exceed 79 feet and six stories. 4) The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. 5) The development shall incorporate a Travel Demand Management (TDM) plan . The details of the TDM plan shall be included in the planning development contract or as an exhibit thereto and amendments shall require city approval. including: The activities performed as specified in the TDM plan shall be reported to the city annually until December 31, 2024, and upon request by the city after that date. a. The development shall offer car-free incentives for a minimum of 90 dwelling units. b. The development shall provide 10 cars available as a car share. c. The development shall provide a local shuttle until opening day of the Southwest Light Rail Green Line Wooddale Station. d. A transportation concierge program shall be maintained. e. The development shall provide car-free perks for 90 households until the site conforms to the city’s off-street parking requirements. f. The TDM plan shall be reported to the city annually for a duration of three (3) years. (b) Site A – E-Gen 1) Permitted a. Greenhouse 1) 2) Permitted with Conditions a. Anaerobic digester. Anaerobic digesters shall be permitted only as part of a larger development which contains at least one other principal use, and where electricity and bio-gas produced by the digester is used primarily by the larger development. i. Organic material, as defined in the Zoning Code, is the only input allowed. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 4 ii. No more than 3,000 tons of organic material shall be processed per year. iii. The digester system, associated equipment and operations must occur completely within a negative-pressure building. iv. Organic material shall be deposited from the delivery vehicle directly into an enclosed container integrated with the digester system. v. Sorting of material must occur in an enclosed container integrated with the digester system. vi. Odor controlling devices shall be used to prevent odors from being detectable outside of the building containing the digester system. vii. Flaring of bio-gas is only allowed to burn excess gas and shall not be visible from off-site. viii. No outdoor storage is allowed. ix. Retail distribution of compressed natural gas is not allowed. x. All necessary permits relating to items such as: emissions, solid waste processing, energy production, industrial waste water, and storm water must be obtained from the appropriate agencies. xi. All necessary contracts or agreements with material providers and utility companies must be submitted to the City prior to the issuance of a building permit. 2) 3) Accessory Uses a. Greenhouse. b. a. Parking lots. c. b. Outdoor seating, with the following conditions: i. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. d. c. Outdoor uses and outdoor storage are prohibited. e. d. Solar panels i. Rooftop or building mounted systems 1. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. ii. Ground or accessory structure mounted solar systems 1. The height of a ground or accessory structure mounted solar system, measured when oriented at maximum design tilt, shall not exceed 20 feet. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 5 (c) Site B – North 1) Permitted with Conditions: a. Multiple-family dwellings. Uses associated with the multiple-family dwellings, including, but not limited to the residential office, fitness facility, mail room, assembly rooms or general amenity space. b. Live-work Type I. i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv. No person is employed at the residence who does not legally reside in the home. v. No light or vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or forty-five (45) percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. x. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. c. Commercial uses. Commercial uses are only permitted on the first floor, and are limited to the following: coffee shops, office, private entertainment (indoor), retail shops, service, showrooms and studios. i. All parking requirements must be met for each use per Sheet 62 of the Official Exhibits. ii. Hours of operation for commercial uses shall be limited to 6 a.m. to 12 a.m. iii. Restaurants are prohibited. iv. In vehicle sales is prohibited. d. Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters. 2) Accessory Uses: a. Incidental repair or processing which is necessary to conduct a DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 6 permitted use and not to exceed ten percent of the gross floor area of the associated permitted use. b. Home occupations complying with all of the conditions in the R-C district i. Except family day care is prohibited. c. Catering, if accessory to food service, delicatessen or retail bakery. d. Gardens. e. Parking lots. f. Outdoor seating, with the following conditions: i. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. g. No outdoor uses or storage allowed. h. Solar panels i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. 3) Wind Energy Conversion Systems (WECS), with the following conditions: a. Wind turbines shall be of the helical-type. b. Helical wind turbines shall meet the following design requirements i. One WECS shall be allowed per lot. ii. The WECS unit shall not exceed 17 feet in height, and shall not exceed 79 feet overall, including the building height when attached to the roof of a building. iii. The fall zone shall be completely within the property lines of the lot within which the WECS is located. iv. Minimize visual impact. WECS design and location shall minimize visual impact. v. Color and finish. All WECS shall be white, grey, black or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non-reflective. vi. Tower lighting. WECS shall not be artificially lighted, except as specified herein and to the extent required by the FAA or other federal or state law or regulation that preempts local regulations. vii. Signs and displays. The use of any portion of a WECS for displaying flags and signs, other than warning or equipment information signs, is prohibited. viii. Associated equipment. Ground equipment associated with a WECS shall be housed in a structure. Structures housing equipment shall meet the architectural design standards of the Zoning Ordinance. Control wiring and power-lines shall be wireless or underground. ix. Braking system required. All WECS shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the structure, rotor blades and turbine components. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 7 x. Design height. The applicant shall provide evidence that the proposed height of the WECS does not exceed the height recommended by the manufacturer or distributor of the system. xi. Interconnection agreement. The applicant shall provide a copy of the utility notification requirements for interconnection, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. xii. Technology standards. WECS must meet the minimum standards of a WECS certification program recognized by the American Wind Energy Association, such as AWEA’s Small Wind Turbine Performance and Safety Standard, the Emerging Technologies program of the California Energy Commission, or other 3rd party standards acceptable to the City. xiii. Noise. Audible sound due to wind energy system operations shall comply with the standards governing noise contained in the City of St. Louis Park Code of Ordinances. xiv. If the WECS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (d) Site C – Hotel 1) Permitted: a. Hotel. Uses associated with the hotel, including but not limited to hotel office, fitness facility, pool, parking, mail room, assembly rooms or general amenity space. 2) Permitted with Conditions: a. Commercial uses. Commercial uses are only permitted on the first floor, and are limited to the following: restaurants, coffee shops, office, private entertainment (indoor), retail shops, service, showrooms and studios. i. All parking requirements must be met for each use per Sheet 62 of the Official Exhibits. ii. Hours of operation for commercial uses shall be limited to 6 a.m. to 12 a.m. iii. In vehicle sales is prohibited. b. Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 8 3) Accessory Uses: a. Incidental repair or processing which is necessary to conduct a permitted use and not to exceed ten percent of the gross floor area of the associated permitted use. b. Catering, if accessory to food service, delicatessen or retail bakery. c. Parking lots. d. Outdoor seating, with the following conditions: i. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. e. No outdoor uses or storage allowed. f. Solar panels i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. (e) Site D – South 1) Permitted with Conditions: a. Multiple-family dwellings. Uses associated with the multiple-family dwellings, including, but not limited to the residential office, fitness facility, mail room, assembly rooms or general amenity space. b. Live-work Type I. i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv. No person is employed at the residence who does not legally reside in the home except that a licensed family day care facility may have one outside employee. v. No light or vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or forty-five (45) percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. x. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 9 care or if there are any customers or students, the home occupation has received a certificate of occupancy. c. Live-work Type II. i. Live-work uses as defined by Sec. 36-142 of city code are permitted on the first floor. ii. A Registration of Land Use (RLU) shall be approved by the city when there is a change in tenant. d. Commercial uses. Commercial uses are only permitted on the first and second floors, and are limited to the following: coffee shops, office, private entertainment (indoor), retail shops, service, showrooms and studios. i. All parking requirements must be met for each use per Sheet 62 of the Official Exhibits. ii. Hours of operation for commercial uses shall be limited to 6 a.m. to 12 a.m. iii. Restaurants are prohibited. iv. In vehicle sales is prohibited. e. Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters. 2) Accessory Uses: a. Incidental repair or processing which is necessary to conduct a permitted use and not to exceed ten percent of the gross floor area of the associated permitted use. b. Home occupations complying with all of the conditions in the R-C district. c. Catering, if accessory to food service, delicatessen or retail bakery. d. Gardens. e. Parking lots. f. Outdoor seating, with the following conditions: i. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. g. No outdoor uses or storage allowed. h. Solar panels i. Roof or building mounted solar systems may exceed the maximum allowed height in the PUD zoning district by 3 feet. (d) Special Performance Standards DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 10 (1) All general zoning requirements not specifically addressed in this ordinance shall be met, including but not limited to: outdoor lighting, architectural design, landscaping, parking and screening requirements. (2) The site is exempt from the shadowing requirements specified in Section 36 - 366(b)(1)g of the zoning ordinance. (3) Each commercial, civic or institutional tenant space on the ground floor facing West 36th Street shall have a direct and primary access to and from the 36 th Street (south) building façade and the access shall remain open during business hours. (4) (3) All trash, garbage, waste materials, trash containers, and recycling containers shall be kept in the manner required by this Code. All trash handling and loading areas shall be screened from view within a waste enclosure. (5) (4) Signsages shall be allowed in conformance with the approved redevelopment plan or final PUD site plan and development agreement in accordance with the following conditions: a. Pylon signs are prohibited; b. Freestanding monument signs shall utilize the same exterior materials as the principal buildings and shall not interfere with pedestrian, bicycle or automobile circulation and visibility; c. Maximum allowable number, sizes, heights and yards for signs shall be regulated by section 36-362, MX requirements. d. Wall signs of non-residential uses shall only be placed on the ground floor and exterior walls of the occupied tenant lease space, and/or a monument sign. e. Wall signs shall not be included in calculating the aggregate sign area on the lot if they meet the following outlined conditions: 1. Non-residential wall signs permitted by this section that do not exceed seven percent of the exterior wall area of the ground floor tenant lease space. 2. The sign is located on the exterior wall of the ground floor tenant lease space from which the seven percent sign area was derived. 3. No individual wall sign shall exceed 100 square feet in area. (6) (5) Façade. a. Fibrous cement, high performance brick veneer with rain screen cladding systems, and vertically integrated photovoltaic panels shall be considered Class I Materials. b. The following façade design guidelines shall be applicable to all ground floor non-residential street-facing facades and all ground floor non- residential facades on the west façade of Site D South, including live/work type II units: 1. The minimum ground floor transparency shall be 60% at the pedestrian level. DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90 Ordinance No. 2615-21 11 2. No more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signs. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 3. Active permitted uses, not including storage areas or utility closets, shall be maintained for a minimum depth of 15 feet. 4. Visibility into the space shall be maintained for a minimum depth of ten feet. This requirement shall not prohibit the display of merchandise. (7) (6) Awnings. a. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. b. Backlit awnings are prohibited. Section 3. The contents of Planning Case File 21-12-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. This ordinance shall take effect fifteen days after its publication (July 16, 2021) Reviewed for administration: Adopted by the City Council June 21, 2021 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading June 7, 2021 Second reading June 21, 2021 Date of publication July 1, 2021 Date ordinance takes effect July 16, 2021 DocuSign Envelope ID: 08032C6E-D4A9-4949-A9C4-9F196E313C90