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HomeMy WebLinkAbout2641-22 - ADMIN Ordinance - City Council - 2022/01/18Ordinance No. 2641-22 Ordinance regarding daycares The City of St. Louis Park does ordain: Whereas, the planning commission conducted a public hearing on December 8, 2021 regarding the ordinance, and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 21-41-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. R-1 single-family residence district. Chapter 36-163(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. Section 2. R-1 single-family residence district. Chapter 36-163(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 3. R-2 single-family residence district. Chapter 36-164(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. Section 4. R-2 single-family residence district. Chapter 36-164(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 2 a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traff ic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 5. R-3 two-family residence district. Chapter 36-165(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following condition: a. No person is employed at the residence who does not legally reside in the home except that a A licensed family day care facility may have one outside employee. Section 6. R-3 single-family residence district. Chapter 36-165(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (11) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of outside play space per pupil is provided. b. The on-site outdoor activity outside play areas shall be are enclosed with a fence. c. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 7. R-4 multiple-family residence district. Chapter 36-166(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of The on-site outdoor activity areas shall be enclosed with a fence. outside play space per pupil is provided. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 8. R-4 multiple-family residence district. Chapter 36-166(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Family day care facilities serving 14 or fewer persons with the following conditions: a. No person is employed at the residence who does not legally reside in the home except that aA licensed family day care facility may have one outside employee. DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 3 Section 9. R-C high-density multiple-family residence district. Chapter 36-167(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group day care/nursery school in a religious institution, community center, or academic educational institution complying with all of the following conditions: a. At least 40 square feet of The on-site outdoor activity areas shall be enclosed with a fence. outside play space per pupil is provided. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 10. R-C high-density multiple-family residence district. Chapter 36-167(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Group care/nursery school. The conditions are as follows: a. No person is employed at the residence who does not legally reside in the home except that aA licensed family day care facility may have one outside employee. Section 11. C-1 neighborhood commercial district. Chapter 36-193(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. cb. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 12. C-2 general commercial district. Chapter 36-194(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (3) Group care/nursery school. The conditions are as follows: a. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 4 2. There is a clearly defined and maintained sidewalk or improved trai l connecting the facility to the park. cb. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Section 13. O office district. Chapter 36-223(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. The use shall be permitted only as a part of a larger development which contains at least one other principal use. b. A minimum of at least 40 square feet of The on-site outdoor activity areasoutside play space per pupil shall be provided and such space shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor play areas shall be located a minimum of 200 feet from any roadway as defined in the comprehensive plan as a principal arterial. Section 14. BP business park district. Chapter 36-233(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (2) Group care/nursery school. The conditions are as follows: a. The use must have a minimum of 40 square feet of The on-site outdoor activity areasoutdoor area per child dedicated to outdoor activity or be within ¼ mile of a city park shall be enclosed by a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. cb. The use may not exceed 50% of the gross floor area of a single-story building. For multi-story buildings, the use is allowed on the ground floor only, and may not exceed 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. d. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 15. I-P Industrial park district. Chapter 36-243(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (1) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area. DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 5 b. The use is intended primarily for the benefit of employees. c. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a fence. d. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. e. Outdoor play areas shall be located a minimum of 15 feet from any property lines. f. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. Section 16. I-P Industrial park district. Chapter 36-243(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (4) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 15 feet from any property lines. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to, dust, truck traffic, odors and hazardous materials. Section 17. I-P Industrial park district. Chapter 36-243(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (10) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area. b. The use is intended primarily for the benefit of employees. c. The on-site outdoor activity areas shall be enclosed by a fence. d. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. Section 18. I-G general Industrial district. Chapter 36-244(c) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (1) Group day care/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area of a building. DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 6 b. The use is intended primarily for the benefit of employees. c. A minimum of 40 square feet of outside play space shall be provided per pupil and such space shall be enclosed with a fence. d. An off-street passenger dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. e. Outdoor play areas shall be located a minimum of 200 feet from any roadway defined in the comprehensive plan as a principal arterial. Section 19. I-G general Industrial district. Chapter 36-244(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (3) Group Daycare/Nursery Schools. a. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a 42 inch minimum height fence. b. An off-street dropoff and loading area shall be designed in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 15 feet from any property lines. d. No outdoor play area shall be located within 200 feet of any principal arterial as defined on the comprehensive plan. e. The daycare facility, including the outdoor play area, shall be no closer than 350 feet to any property containing a sexually oriented business. f. The neighboring industrial uses shall not have an adverse impact on the operations and health, safety and welfare of the proposed group daycare/nursery school. The characteristics of such impacts shall be analyzed by the planning, fire and health officials, and shall include, but not be limited to: noise, dust, truck traffic, odors and hazardous materials. Section 20. I-G general Industrial district. Chapter 36-244(e) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (10) Group daycare/nursery schools. The conditions are as follows: a. The use shall occupy a maximum of ten percent of the gross floor area of a building. b. The use is intended primarily for the benefit of employees. c. The on-site outdoor activity areas shall be enclosed with a fence. d. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. Section 21. MX-1 vertical mixed use district. Chapter 36-264 Table 36-263(b) of the St. Louis Park City Code is hereby amended to add the following underlined text. Place in alphabetical order: COMMERCIAL USES Group daycare/nursery school PC PC DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 7 Section 22. MX-1 vertical mixed use district. Chapter 36-264(d) of the St. Louis Park City Code is hereby amended to add the following underlined text: (8) Group daycare/nursery school a. The on-site outdoor activity areas shall be enclosed with a fence. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 23. MX-2 neighborhood mixed use district. Chapter 36-265(d) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (8) Group daycare/nursery school. a. The on-site outdoor activity areas shall be enclosed with a fence.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Ground level outdoor play areas: i. Shall be at least 1,500 square feet in total area and provide at least 75 square feet of area per child in the area at any given time. a. An off-site park meeting these standards may meet this requirement, if the park is within 2,000 feet of the school ii. Shall be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. b. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 24. PUD-17. Chapter 36-268-PUD 17 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: (c) Accessory uses. 3. Family day care serving 14 or fewer persons. a. A licensed family day care facility may have one outside employee. Section 25. PUD-19. Chapter 36-268-PUD 19 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text: b) Uses 1. Permitted uses. The following uses are permitted in PUD 19: DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F Ordinance No. 2641-22 8 a. Multiple-family dwellings. Uses associated with the multiple-family dwellings, including but not limited to, the residential leasing and property management office, fitness facility, mail room, assembly room or general amenity space. b. Group daycare/nursery schools complying with the following conditions: i. At least 40 square feet of outside play space per pupil is provided. ii. The on-site outdoor activityoutside play areas shall beare enclosed with a fence. ii. City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: 1. The park must have age-appropriate play equipment. 2. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. iii. Dropoff and loading points are established which do not interfere with traffic and pedestrian movements.An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Section 26. This ordinance shall take effect 15 days after publication. Reviewed for administration: Adopted by the City Council January 18, 2022 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Jared Shepherd, city attorney First reading January 3, 2022 Second reading January 18, 2022 Date of publication January 27, 2022 Date ordinance takes effect February 11, 2022 DocuSign Envelope ID: CA73F1D6-8513-4C63-A383-44C3AAEA382F