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Home My WebLink About2449-13 - ADMIN Ordinance - City Council - 2013/10/21ORDINANCE NO.2449-13 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4,35,74,115,142,193,194,223,361, AND 362 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. 13-35-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 35, 74, 115, 142, 193, 194, 223, 361, and 362, is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. ARTICLE I. IN GENERAL *** Sec. 36-4. Definitions. *** BreiwFv means P favilitir that manu€aetures alsolialie and nonalcoholie malt liquor-. 4ofmition does t inelude breweries opefated ; enj use: Tapreein means a facility where an sa4e of malt liquor produeed by the brewer for- eansumptio=n on- the i3remis F dj t t the hr-ewsry logation owned by the brewer at wbieh the .,,,.lt Significant Tree - Any tree with the exception of Salix (Willow) Boxelder, Siberian Elm and Black Locust is considered to be significant under the landscaping section of the zoning ordinance if it is at least five caliper inches for deciduous trees and six caliper inches for conifers Aspen Cottonwood or Silver Maple are considered significant if they are at least 12 inches in diameter at 4.5 feet from the ground. means any .._. u-- t-__ as deemed in the Cit; of St. Louis Park's Landscape Tree List-. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Sec. 36-35. Amendments. *** (d) Procedure for comprehensive plan and amendments. 7. If the requested application for comprehensive plan amendment involves a land use or density change on a particular parcel of land, no and the request also includes an application for a conditional use permit, planned unit development, or variance related to that parcel shall all Ordinance No. 2449-13 -2- applications may be accepted for processing until aetion aft the oomprehensive plan amendmen has been oompleted and handled concurrently. ARTICLE III. GENERAL PROVISIONS Sec. 36-74. Fences. (d) Height. The height shall be measured from the ground level to the top of the fence or wall section. In the case where a fence has variable heights or where the ground slopes, the height of the fence shall be the average height, but in no case shall the height of any one point exceed six inches above the maximum allowed by this section. Fence posts may exceed eight inches above the maximum allowed by this section. (1) A fence or all shall not exceed six feet in height if it is located in any side or rear yard. (2) A fence, wall or hedge shall not exceed 34/2 four feet in height if located in a front yard. ARTICLE IV. ZONING DISTRICTS DIVISION 1. GENERALLY Sec. 36-115. Land use by zoning district. TABLE 36-1 70,.' ets R-4 R4 RL -3 #-4 PG Gf 4 9 I -P 1--6 Af-X ^= fee -7-5 68 69 68 go — — 400 75 39 — 3 stery of 35 fee -5 69 60 69 90 — — 490 490 -5 — NI A NAA N44 60 go N+ A — 400 490 73 — 3 6 75 fee WA NAA NF 4 6o so N4 — 4190 1-59 400 — 2'L�iviyvi 25 eeLeF (1T/O�/V�/V1 3 Story fee "W 4steFy or 48 feeE HIAA '�/,-5/H�/V� 7,4w r,T�" -�/jrG, /tl��tl -k'4W NPA Op /til /V�/tlt "W 8,900 Y��,/V�/tl�/V� '1-5, 0 -15,000 — P4A — - Y1C5j/t�X/�0 '1'7Vtltl -13,900 Y45,0/0� 18,000 18;089 5-'�OlO1lV1 TJOO X300 — — - `6S'O:;OF75feB NAA MAA N44 8800 15,909 PIRA - j5,999 22,590 10;009 - Maximum -density 48 6 4" 2�P 301 NAA %114 Nhk NAA N14 39* AM*imum#eigh 39 30 g-5 49& 7-5-t 35 -75 249 75 23 A 4e9r area—ratie 04 0.3 04 9� 4-2 4-2 -2 0 4-5 93 4-0 4-5± CWeund fFeer—area 04 (GAM I 'iso- vrn�"7 93 0-2-5 9:25 9,23 — — — — Ordinance No. 2449-13 -3- 4feimuni yat4s f f4ent 301 24-t 2-5 3V 30± 31 3-t 201 30± 20 — Side F , 2 stefy o;25 fee 6 3 6 413 45 && 01 43 20 4-2 — 3 stuy e; 35fee 6 3 6 4-5 413 V 41 43 23 42- 24 4steiy-er49fee 6 NAA %-W4 ?At 45* 43-* WA 45A 45* 38 4-2 — < <� Of 75 fOet WA N/A NAA 4-5* 43* NFA 432t 43* 33 4-2 — S+r(e 2 2 stefy OF 25 toe 91 -14 9& 412 4/2 91 && 4/-2 38 0 — 1'""i;"fee 91 4± 92t 44 412 0± 02t 4/2 24 0 — A Amy of 4 9 feet WA NA T -WA 412 412 NAA 43 412 30 0 — <stoFyfee NA NA WA 412 412 NIA 43 412 33 42 — Side -abutting- street 45 431 442t 45 43 44 45 43 24 44 — Rear 25 feoe 23 23 25 251 2P 491 02t 45 20 40 — 3 stafy or 35 fe 23 25 24 24& 2P 401 0& 45 20 4A — 4 rtery-ef 43 feet NA NAA NA 251t 242L 14A 412 412 40 20 — r 75ie T*WA NA INWA 242L 251 NA 442 412 40 20 — -rr 2 - one half building height. i -plus one half building height. *C-P44ain eanditions eause these figures t o .0 *** DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS Sec 36-142. Descriptions. (d) Commercial uses. *** (77) Brewery means a facility that manufactures alcoholic and nonalcoholic malt liquor. This definition does not include breweries operated in conjunction with a restaurant as an accessory use. (78) Business/trade school/college means a training establishment or institution serving adults and sometimes high school age persons which provides training and/or education toward a skill, license or degree. (Ord. No. 2358-08, 8-14-08) (99) Convention and exhibition center means a facility providing large and small meeting rooms for the assembly of persons and the display of products and information. It may include banquet kitchens and facilities. Characteristics include heavy parking and loading area requirements and large scale buildings. (910) Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, or traveler's checks for a fee. Ordinance No. 2449-13 -4- (Ord. No. 2349-08, 02-22-08) (191) Dry cleaning, laundering with route pickup and delivery, means a facility where clothing, diapers or other fabrics are cleaned by dry cleaning or laundering processes. Materials to be cleaned may be brought to the site either by pickup and delivery trucks operated as part of the business or by customers who drop off and pick up their own materials to be cleaned. The use may include the storage of delivery vehicles on the site. (12) Firearms sales means a retail use that includes the sale, lease, or purchase of firearms or ammunition. (1473) Food service means the on-site sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption either on-site or off- site, including seating for not more than ten persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets. This use is often found in conjunction with motor fuel stations and grocery stores. (124) Home occupation means an occupation, profession, or activity which provides gainful employment to a resident of a dwelling unit which is clearly an incidental and subordinate use to the residential use and which does not alter the exterior of the property or affect the residential character of the neighborhood. Auto body/painting, motor vehicle sales, motor vehicle service and repair, retail sales, massage, medical/dental office, animal handling, beauty shop and barbershop, warehouse/storage and manufacturing/processing do not qualify as home occupations. (13�) Hotel means a lodging facility operated under the auspices of a national or international hostel organization which has dormitory rooms available for rent by members. The facility has common cooking and eating facilities and may have common restroom facilities. The duration of stay is typically short and the facility has a resident manager. (140 Hotel/motel means facilities which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week. These facilities may include in -room or in -suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness centers and other facilities available to nonlodgers are not considered accessory uses. (137) In -vehicle sales or service means sales or service to persons in vehicles. It may include drive-in, drive -up and drive-through facilities, but does not include motor fuel stations. Characteristics include high traffic volumes during the typical peak hour traffic period. (18) Liquor store means a facility principally for the retail sale of pre-packaged alcoholic beverages for off -premise consumption. (169) Medical and dental laboratories mean facilities in which individually produced and made to order medical and dental prosthetics are crafted for the specific needs of specific individuals. Characteristics may include hours of operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outside storage and occasional visitation of facilities by customers needing specialized attention as to the make-up and fit of their specific prosthesis. Ordinance No. 2449-13 -5- (4-720 Motor fuel station means a facility which supplies and dispenses at retail motor fuels directly into a motor vehicle; it also includes the sale of lubricants, batteries, tires and motor vehicle accessories. Motor fuels may be self -serve or dispensed by an attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be conducted. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair including, but not limited to, engine overhauls, automobile painting, and bodywork. (4-521) Motor vehicle sales means display, sale, and rental of automobiles, trucks and recreational vehicles from an indoor showroom facility and may include an outdoor sales lot; motor vehicle service and repair and autobody/painting often occur in conjunction with this use. Characteristics may include outdoor activity, banners and lights for promotion and advertising, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. (Ord. No. 2248-03, 8-18-03) (45122) Motor vehicles service and repair means repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, night and weekend operating hours; motor fuel stations and autobody/painting are excluded. (283) Office means a facility in which the handling of information or the performing of administrative services is conducted. It includes services provided to persons both on-site and off-site on a walk in or appointment basis such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional offices. This description excludes hospitals or other medical facilities; except it may include up to a maximum of ten percent of the gross floor area in medical or dental offices. Characteristics include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of operation. (244) Outdoor sales means the display and sale or rental of merchandise or equipment outside of an enclosed building. It may include boat sales, canoe sales, nursery sales; but it excludes the sale of motor vehicles. (225) Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. (Ord. No. 2349-08, 2-22-08) (230 Payday loan agency means any business that has as its primary activity the providing of short-term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. (Ord. No. 2349-08, 2-22-08) (247) Places of Assembly are facilities designed to accommodate larger groups of people having shared goals, desires or interests that are not customarily business related. Social, educational, recreational, religious, and dining activities may be included. Characteristics may include large group meetings or activities with peak parking demands and noise. If the floor area devoted to food or beverage sales exceeds 50% of the total gross floor area, the facility will be classified as a restaurant. (Ord. No. 2311-06, 1-18-06) Ordinance No. 2449-13 -6- (23�) Post office customer service means the retail/customer service portion of the post office function that includes customer drop off of packages and mail; sale to the public of stamps, money orders, insurance, envelopes and packaging materials, and other mail services; and post office boxes. Characteristics include hours similar to offices and Saturday mornings, high volumes of automobile traffic and some truck traffic. Mail sorting for mail route delivery and distribution are not part of this land use. (269) Printing process/supply means a facility in which retail -oriented graphic and photographic reproductive services are conducted. This does not include industrial operations where printing is of a commercial nature. (273 J0 Private entertainment (indoor) means entertainment services provided entirely within an enclosed building. It includes theaters, health or fitness centers, bowling alleys, arcades, roller rinks, and pool halls. Characteristics may include late operating hours, outdoor lighting, noise, and traffic. (2531) Restaurant means an establishment whose principal business is the sale of food and beverages which are prepared and served in individual portions in a ready -to -consume state for consumption on site. This use is often found in conjunction with bars, hotels and food service. It is preferably located on major thoroughfares with no access to residential streets. Characteristics include late hours of operation, refuse, high car and truck traffic generation, and cooking odors. A food service or deli is not considered to be a restaurant if seating is provided for ten or fewer persons. (2932 Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, motor fuel stations, and large item retail. (29433) Retail, large item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. (304) Service means on-site service provided directly to an individual. This use includes barbershops, beauty shops, therapeutic massage, nail salon, Laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. This use excludes pawnshops. (Ord. No. 2358-08, 8-14-08) (315) Sexually -oriented business means any limited impact sexually -oriented business or any high impact sexually -oriented business. Ordinance No. 2449-13 -7- (326) Shopping center means a group of commercial uses planned, owned and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. (Ord. No. 2248-03, 8-18-03) (337) Studio means a facility where the practice or study of the visual and audio arts occurs. This use may include painting, sculpting, photography, recording, radio and television studios. This use also includes dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. (38) Taproom means a facility where on -sale of malt liquor -produced by the brewer for consumption on the premises of or adiacent to the brewery location owned by the brewer at which the malt liquor is produced. DIVISION 5. COMMERCIAL DISTRICT REGULATIONS* Sec. 36-193. C-1 neighborhood commercial district. (e) Accessory uses. (5) Outdoor seating and service of food and beverages is permitted as an accessory use te-a restaurant if with the following conditions: a. The use shall not be located in the interior side or back yard if it is adjacent to a parcel that is occupied by a residential dwelling. This provision will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential dwelling or if a residential dwelling is located above the restaurant principal use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaur-a principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (f) Dimensional standards/densities. (4) The front yard shall be a minimum of five feet, unless a greater depth is required to inee requirements.screening if theai,er-ageElepth of at least t existing fronta yards, for buildings ;Ax`thi 150 feat along the same bl 1 front of the !at . question, e 1„ or gF at„r than 2 C of in kF t ease the required front yards shall be the avefage depth of such WEistiflg front . rA,, the .1 -tl- F F .7 shall1. t less than five feet nor be required toe eed 50 feet. 1 .� Sec. 36-194. C-2 neighborhood commercial district. Ordinance No. 2449-13 -8- (c) Uses permitted with conditions. (23) High impact sexually -oriented business. b. No person shall operate a high impact sexually -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another high impact sexually -oriented business, pawnshop, currency exchange, payday loan agency, firearms sales, or liquor store. (d) Uses permitted by conditional use permit. (16) Pawnshops. The conditions are as follows: a. The lot must be at least 1,000 feet from the property line of a site containing another pawnshop, currency exchange, payday loan agency, gun shop firearms sales, liquor store or sexually -oriented business. In the case of a shopping center of multi -use building, the distance shall be measured from the portion of the center or building occupied by the pawnshop. (19) Liquor stores. The lot must be at least 1,000 feet from the property line of a site containing a pawnshop, currency exchange, payday loan agency, firearms sales or sexually - oriented business. In the case of a shopping center of multi -use building, the distance shall be measured from the portion of the center or building occupied by the liquor store. (f) Accessory uses. (7) Outdoor seating and service of food and beverages is permitted as an accessory use to -a restauf if: a. The use shall not be located in the interior side or back yard if it is adjacent to a parcel that is occupied by a residential dwelling. This provision will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential dwelling or if a residential dwelling is located above the restaufant principal use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the rem nt principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (g) Dimensional standards/densities. (4) The front yard shall be a minimum of five feet. unless a greater depth is required to moo depth of at least two existing front ,,..7.. for buildin s uv�v,.,uaab a�Ywu v�aavuw. a the ur vaubv uvYuv t . , Ordinance No. 2449-13 -9- v�,jthin 15o feet along the same blook front of the lot in question, are less or- greater than 2 in that case thefequd fi k yaFa shall 1, the m,erage depti, of n ehst:«F. .. G«t . J fds l...t the depth of a ffeat yafd sha4l notbe less than five feet nerbe reEfUiFed to OxWed 50 feet. DIVISION 6. OFFICE DISTRICT REGULATIONS* Sec. 36-223. O office district. (f) Accessory uses. (5) Outdoor seating and service of food and beverages is permitted as an accessory use te-a merit if: a. The use is separated from any adjacent residential use by a building wall or six foot fence. This provision will not apply if the residential use is located on an upper story above a restaurant the principal use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the rpt principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. *** DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS* Sec. 36-233. BP business park district. (f) Accessory uses. (4) Outdoor seating and service of food and beverages is permitted as an accessory use if with the following conditions: a. The use must be separated from any adjacent residential use by a building wall or six foot fence This provision will not apply if the residential use is located on an upper story above the principal use. b. No speakers or other electronic devices which emit sound are permitted if the use is located within 500 feet of a residential use. c. The hours of operation shall be limited to 7.00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use. Ordinance No. 2449-13 -10- d. Additinnal whichever is lest. - uaic 1111 orten ercent of the (45) Parking ramps, (d)(6). subject to the conditions for parking ramps found in Section 36-233 (36) Parking lots. (62) Post Office Customer Service. (7�) Showroom. ($_9) Warehouse /Storage. *** ARTICLE V. SPECIAL PROVISIONS Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. (k) Design Requirements *** Parallel I �`m a8.5 Compact I I 8 0 �--�-1 2 21 10 22.0 38.0 *** Sec. 36-362. Sign regulations. (t) General provisions. *** (2) Required yards. Sign shall maintain a 10 foot minimum yard to property line unless exempted below: PARKING LOT DIMENSIONS Table 36-361 (b) Stall Angle (degrees) Curb Length Vehicle Projection Aisle Width Total Width 45 Standard 12.0 18 5 et (feet) Com act 11.5 13.0 50.0 60 Standard 10 . .0 200 15.0 Comnact 9.5 18.0 55.0 75 Standard 9.0 20.5 18.0* Com act 8.5 17.5 59.0 90 Standard Comnact 8.5 a n 18.0 25.0 61.0** Parallel I �`m a8.5 Compact I I 8 0 �--�-1 2 21 10 22.0 38.0 *** Sec. 36-362. Sign regulations. (t) General provisions. *** (2) Required yards. Sign shall maintain a 10 foot minimum yard to property line unless exempted below: Ordinance No. 2449-13 -11- a. In the C-1, and C-2, BP, and M -X districts the required yard for any sign less than 200 square feet in sign area shall be 5 feet. TABLE 36-362A SIGN AREA AND HEIGHT I -P / BP 0-20,000 25 100 75 80 80 20,000 — 50,000 25 200 100 80 80 Over 50,000 —100,000 25 250 150 80 80 Over 100,000 25 350 300 80 80 (g) Adjustments to table 36-362A. (4) In the C-1, C-2, O, BP I -G and I -P districts, the total area of all wall signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: Sec. 3. The contents of Planning Case File 13-35-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. Public Hearing September 18, 2013 First Reading October 7, 2013 Second Reading October 21, 2013 October 31, 2013 effect November 15, 2013 Attest: Adopted y the City Council to Form and City Clerk 6 City Attorney AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) /—harlene Vold being duly sworn on an oath, .fates or affirms that they arc the Authorized Agent of the newspaper (s) known as: SS St Louis Park 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 provided by Minn. Stat §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for I succes- sive issues; the first insertion being on 10/31/2013 and the last insertion being on 10/31/2013. By: Ube Authorized Agent Subscribed and sworn to or affirmed before me on 10/31/2013. AW441�w Niftafy Public MARY ELIZABETH KNAPP ��. pry Notary PublicMinnesota 0,.�;,;,,Y4� My Commission Expires Jen 31, 2018 Rale Information: (1) Lowest classified rate paid by commercial users for comparable space: $68.50 per column inch Ad ID 46683 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2449-13 AN ORDINANCE AMENDING MISCELLANEOUS ZONING ORDINANCE AMENDMENTS This ordinance states that several amendments will be made to clarify such items as definitions; process- ing comprehensive plan amendments and planning applications concur- rently; fence height in the front yard: front yard setbacks in commercial zoning districts; compact parking di- mensions; and allowing outdoorseat- ing with food and beverage service in the Business Park zoning district. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 21,2013 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordi- nance Is available for Inspection with the City Clerk. Published in St. Louis Park Sailor: October 31, 2013 10/31/13, A3, Ordinance 2449-13, 46683 F 1 EIVED NOV 052013 O6. - "HE CITY