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Home My WebLink About2024/09/09 - ADMIN - Agenda Packets - City Council - RegularAGENDA SEPTEMBER 9, 2024 6:00 p.m. Economic Development Authority meeting – Council Chambers 1. Call to order a.Roll call. 2. Approve agenda. 3. Minutes – none. 4.Consent items a.Approve EDA disbursements b.Resolution to approve a grant agreement with Hennepin County for affordable commercial initiative - Ward 2 5. Public hearings – none. 6. Regular business – none. 7. Communications and announcements – none. 8. Adjournment. 6:15 p.m. City council meeting – Council Chambers 1. Call to order a.Roll call. b.Pledge of Allegiance. 2. Approve agenda. 3. Presentations a.Proclamation observing Beth El Synagogue’s centennial anniversary – Ward 1 b.Minnesota Association of Government Communicators Northern Lights Awards presentation 4. Minutes a.Minutes of August 12, 2024 city council study session 5. Consent items a.Approve city disbursements b.Second reading and adoption of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking c.Second reading and adoption of pre-eviction notice ordinance d.Second reading and adoption of ordinance amending chapters 34 and 36 regarding tree preservation e.Resolution of support for Minnehaha Creek Watershed District Greenway to Cedar Trail connection – Ward 2 6.Public hearing a.MnDOT I-394 and Louisiana Avenue improvements project (4025-8000) – Ward 4 Agenda EDA, city council and study session meetings of September 9, 2024 7. Regular business – none. 8. Communications and announcements – none. 9. Adjournment. Following city council meeting – study session – Community Room Discussion items 1. Housing and community development system kick-off 2. Community development year in review 3. Zoning code updates Written reports 4. Redevelopment proposal for 5401 Gamble Drive 5. Revised 2025 budget and levy increase Members of the public can attend St. Louis Park Economic Development Authority and city council meetings in person. At regular city council meetings, members of the public may comment on any item on the agenda by attending the meeting in-person or by submitting written comments to info@stlouisparkmn.gov by noon the day of the meeting. Official minutes of meetings are available on the city website once approved. Watch St. Louis Park Economic Development Authority or regular city council meetings live at bit.ly/watchslpcouncil or at www.parktv.org, or on local cable (Comcast SD channel 14/HD channel 798). Recordings of the meetings are available to watch on the city's YouTube channel at www.youtube.com/@slpcable, usually within 24 hours of the meeting’s end. City council study sessions are not broadcast. Generally, it is not council practice to receive public comment during study sessions. The council chambers are equipped with Hearing Loop equipment and headsets are available to borrow. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: Economic development authority Meeting date: September 9, 2024 Consent agenda item: 4a Executive summary Title: Approve EDA disbursements Recommended action: Motion to approve EDA disbursement claims for the period July 31, August 30, 2024 Policy consideration: Does the EDA approve the disbursements listed for the period ending Aug. 30, 2024? Summary: The finance division prepares this report monthly for the EDA to review and approve. The attached report shows both EDA disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of disbursements by the EDA is required and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: EDA disbursement summary Prepared by: Ramatulai Barrie, interim accounting specialist Reviewed by: Amelia Cruver, finance director Approved by: Kim Keller, city manager CITY OF ST LOUIS PARK Council Check Summary 8/30/20247/31/2024 - Amount ObjectVendorBU Description 276.28CENTERPOINT ENERGY Development - EDA G&A HEATING GAS 276.28 2,070.00CUSTOM PRODUCTS & SERVICES Development - EDA G&A LAND MAINTENANCE 2,070.00 147.50EHLERS & ASSOCIATES INC Wooddale Station TIF G&A OTHER CONTRACTUAL SERVICES 147.50 12,791.01HKGIDevelopment - EDA G&A PLANNING 12,791.01 26.00HUNT, GREG Development - EDA G&A TRAVEL/MEETINGS 86.83Development - EDA G&A MILEAGE-PERSONAL CAR 112.83 1,669.00KENNEDY & GRAVEN EDA - 4300 36 1/2 G&A LEGAL SERVICES 19.00Development - EDA G&A LEGAL SERVICES 1,688.00 215.00ST. LOUIS PARK ROTARY Development - EDA G&A SUBSCRIPTIONS/MEMBERSHIPS 215.00 1,169.10WHIPPER SNAPPER LAWN SERVICE Development - EDA G&A LAND MAINTENANCE 1,169.10 Report Totals 18,469.72 Economic Development Authority meeting of September 9, 2024 (Item No. 4a) Title: Approve EDA disbursements Page 2 Meeting: Economic development authority Meeting date: September 9, 2024 Consent agenda item: 4b Executive summary Title: Resolution approving grant agreement with Hennepin County related to EDA’s affordable commercial space initiative - Ward 2 Recommended action: Motion to adopt resolution approving a community investment initiative grant agreement with Hennepin County. Policy consideration: Does the EDA approve the community investment initiative grant agreement with Hennepin County relative to the EDA’s affordable commercial space initiative? Summary: On Sept. 2022, the EDA purchased the commercial property at 4300 36½ St with the intent of converting the 8,300 square foot building into smaller commercial units that would ultimately be made available to limited income entrepreneurs at affordable prices. In May 2022, staff applied for a $380,000 grant under Hennepin County’s Community Investment Initiative program to offset a portion of the property acquisition cost with the intent that the cost savings would eventually be passed on to the purchasers of the individual commercial spaces within the building. Hennepin County awarded the full grant amount to the EDA several months later. A formal agreement is required between Hennepin County and the EDA specifying the terms and conditions under which the grant funds will be disbursed to the EDA. Such an agreement has been reached and is being recommended for EDA approval. The EDA’s legal counsel was actively engaged with staff in negotiating the grant agreement and recommends its approval. Financial or budget considerations: Under the Agreement, Hennepin County will disburse the $380,000 in grant proceeds to the EDA once a disbursement request and additional documentation related to the property acquisition is submitted to Hennepin County. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Prepared by: Greg Hunt, economic development manager Reviewed by: Karen Barton, community development director, EDA executive director Approved by: Kim Keller, city manager Economic development authority meeting of September 9, 2024 (Item No. 4b) Page 2 Title: Resolution approving grant agreement with Hennepin County related to EDA’s affordable commercial space initiative - Ward 2 EDA Resolution No. 24 - ____ Approving a community investment initiative grant agreement with Hennepin County Be it resolved by the board of commissioners (the “board”) of the St. Louis Park economic development authority (the “authority”) as follows: Section 1. Recitals; authorization. (a) Hennepin County, Minnesota (the “county”) has created their Community Investment Initiative (the “program”) to advance economic recovery and increase long-term economic opportunity in communities in the county most significantly impacted by the COVID- 19 pandemic. The program seeks to create business incubators or long-term affordable commercial space or support nonprofits providing economic recovery services to disproportionally impacted communities. Pursuant to Resolution 22-0325, the county board of commissioners has awarded up to $380,000 from the program to the authority (the “grant”) to support the acquisition of an approximately 8,300 square foot vacant commercial space located at 4300 36 ½ Street West (the “property”), in the City of St. Louis Park, Minnesota (the “city”) for the St. Louis Park affordable commercial space initiative. The property shall be renovated and converted into a multi-tenant commercial building with at least five (5) tenant spaces to be leased or sold to qualified small business owners at below market rates. (b) The county has prepared a program grant agreement for the authority (the “grant agreement”), by and between the county and the authority, pursuant to which the county shall give the authority the grant to finance a portion of the acquisition cost of the property. (c) The board has reviewed the grant agreement and finds that the execution thereof and performance of the authority’s obligations thereunder are in the best interest of the city and its residents. Section 2. Approval of documents. (a) The board approves the grant agreement in substantially the form presented to the board, together with any related documents necessary in connection therewith, including without limitation all documents, exhibits, certifications, or consents, referenced in or attached to the grant agreement (the “documents”). (b) The board hereby authorizes the president and executive director, in their discretion and at such time, if any, as they may deem appropriate, to execute the documents on behalf of the authority, and to carry out, on behalf of the authority, the authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The documents shall be in substantially the form on file with the authority and the approval hereby given to the documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the authority and by the officers authorized herein to execute said documents prior to their execution; and Economic development authority meeting of September 9, 2024 (Item No. 4b) Page 3 Title: Resolution approving grant agreement with Hennepin County related to EDA’s affordable commercial space initiative - Ward 2 said officers are hereby authorized to approve said changes on behalf of the authority. The execution of any instrument by the appropriate officers of the authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the documents shall not be effective until the date of execution thereof as provided herein. (c) In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the board by any duly designated acting official, or by such other officer or officers of the board as, in the opinion of the city attorney, may act in their behalf. Upon execution and delivery of the documents, the officers and employees of the board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the board to implement the documents. Section 3. Effective date. This resolution shall be effective upon approval. Reviewed for administration: Adopted by the Economic Development Authority September 9, 2024: Karen Barton, executive director Lynette Dumalag, president Attest: Melissa Kennedy, secretary Meeting: City council Meeting date: September 9, 2024 Presentation: 3a Executive summary Title: Proclamation observing Beth El Synagogue's centennial anniversary - Ward 1 Recommended action: Mayor pro tem to read proclamation observing the centenary celebration of the historic Beth El Synagogue in St. Louis Park. Policy consideration: None. Summary: This year marks the 100th anniversary of the historical Beth El (House of God) Synagogue in St. Louis Park. Beth El’s history is a rich tapestry of conservative generations and the continued energy of an inclusive faith-based community. From 25 founding members to today’s fellowship of over 1,250 families, the impact of Beth El’s five core values reflect and uplift the City of St. Louis Park every day: Spirituality through God, Torah, Israel; Community; Innovation; Self-Improvement; Repairing the World. 100 years ago, Jewish families in Minneapolis were looking for a different type of synagogue. At that time, traditions included culinary, community education and roles within the community. The founders of Beth El sought to retain value and shed the unused traditions that no longer served the evolving call of what it meant to lead in faith together. The first Beth El Synagogue, established in 1922 and located in northeast Minneapolis, established a healthy balance between the needs of the Jewish community and solutions to the larger community’s needs. The Synagogue’s move to St. Louis Park was brought about by the enthusiastic growth as new families joined, along with the pressures of racial violence and antisemitism in 1967. With racial covenants no longer in place or enforced in St. Louis Park, Jewish families followed the trends and moved out of urban areas. In essence, the dedication of Beth El Synagogue (May 15 through 17, 1968) and the welcoming atmosphere of the young, newly established City of St. Louis Park provided a welcome home for the Jewish community. The Eruv was completed in 1990 and is the only one in Minnesota. Residents are invited to consider the context of the thriving Beth El Synagogue and its historic importance to St. Louis Park throughout the past 100 years. You are invited to explore a few of Beth El’s numerous and mindful community partnerships on the Resource Page. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resource page Proclamation Prepared by: Amanda Scott-Lerdal, deputy city clerk Reviewed by: Melissa Kennedy, city clerk Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 3a) Page 2 Title: Proclamation observing Beth El Synagogue's centennial anniversary Resource page In recognition of the Centennial Anniversary of Beth El Synagogue, the City of St. Louis Park invites you to:  Learn about the context of the synagogue’s historical location The North Side's last synagogue: Beth El - MinnPost Explore Beth El Synagogue’s education and programs About Us | Beth El Synagogue (besyn.org) Discover the significance of the Eruv in St. Louis Park, Minnesota The Minnesota Eruv · St. Louis Park Eruv (Jewish Neighborhood) · Religions in Minnesota (carleton.edu) • National Speakers Series – hosting a broad range of speakers to enrich the community’s knowledge • STEP – food drives for Yom Kippur • Benilde St. Margaret – interfaith and world religion classes • Wat Thai – gracious interfaith cooperation for worship needs • Memorial Blood Centers, Ronald McDonald House, Project for Pride in Living, Feed My Starving Children including offering space for dentistry services, supporting Rise Early Learning Center, Abraham Heschel Society City council meeting of September 9, 2024 (Item No. 3a) Page 3 Title: Proclamation observing Beth El Synagogue's centennial anniversary Proclamation Observing the Centennial Celebration of the Beth El Synagogue in 2024 Whereas, 2024 marks 100 years since the founding of Beth El Synagogue’s spirit and vision for the Jewish community; and Whereas, Beth El Synagogue’s vision is to be a warm and welcoming home for spiritual growth and transformation; and, Whereas, no culture or space within is a monolith and St. Louis Park is home to an inclusive tapestry of residents who have shared neighborhood, solidarity and support with the congregation of Beth El for the last 100 years; and Whereas, through community education, Beth El has furthered the opportunities for St. Louis Park to actively commit to being a leader in racial equity and inclusion. Whereas, through 100 years as a synagogue, Beth El continues to shape the city’s vision of being a place of safety and respect for all communities of faith and tradition; and Whereas, St. Louis Park is committed to being a leader in racial equity and inclusion and strives to be a place of safety and respect for all. This includes challenging antisemitism and racism in our community; demonstrating that hate as no home in our city; and Now therefore, let it be known that the mayor and city council of the City of St. Louis Park, Minnesota, hereby observe the Centennial Celebration of the Beth El Synagogue in our community. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 9th day of September, 2024. _________________________________ Nadia Mohamed, mayor Meeting: City council Meeting date: September 9, 2024 Presentation: 3b Executive summary Title: Minnesota Association of Government Communicators Northern Lights Awards presentation Recommended action: Recognize three communications awards received by the City of St. Louis Park for outstanding work in government communications. Policy consideration: Not applicable. Summary: The City of St. Louis Park was awarded two first-place awards and one second-place award in this year’s Minnesota Association of Government Communicators (MAGC) Northern Lights Awards contest, which recognizes outstanding work in government, educational and nonprofit communications. A record number of entries were received this year. Ari Lyksett, MAGC vice president and chief communications officer with Carver County Public Services, is attending the council meeting to present the awards. The city received first-place awards in the general publication category for the 2023 Election Guide and in the writing category for the Pathways to Policing article in the February 2024 Park Perspective. A plow training video won the second-place award in the video short/social media campaign category. • The 2023 Election Guide revised the look and layout of the annual publication mailed to all St. Louis Park residents. It included a step-by-step flowchart graphic illustrating the multiple paths voters can take to cast a ballot on or before Election Day. • The Pathways to Policing article in the February Park Perspective outlined the benefits of the Pathways program for hiring new officers and featured three Pathways graduates. • The plow training video, which has had more than two million views on Facebook, demonstrated the difficulty of plowing around parked vehicles during snow events and emphasized the training required to make sure the process is done safely. All three communications projects resulted from collaborative efforts across multiple city departments, including police, public works, administrative services, and communications and technology. Staff directly involved were Chris Barron, former graphic design intern; Savannah Byers, social media specialist; Melissa Kennedy, city clerk; Prakshi Malik, multimedia producer; Mike Okey, operations superintendent; Ben Sandell, communications manager; Andrea Wood, digital media coordinator; and Greg Weigel, police lieutenant. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: 2023 Election Guide February 2024 Park Perspective Plow training video Prepared by: Ben Sandell, communications manager Reviewed by: Jacque Smith, communications and technology director Cincy Walsh, deputy city manager Approved by: Kim Keller, city manager Meeting: City council Meeting date: September 9, 2024 Minutes: 4a Unofficial minutes Study session St. Louis Park, Minnesota August 12, 2024 The meeting convened at 6:03 p.m. Council members present: Mayor Nadia Mohamed, Paul Baudhuin, Tim Brausen, Sue Budd, Yolanda Farris, Lynette Dumalag, Margaret Rog Council members absent: none Staff present: City manager (Ms. Keller), deputy city manager (Ms. Walsh), administrative services director (Ms. Brodeen), finance director (Ms. Cruver), deputy finance director (Mr. Olson), facilities superintendent (Mr. Eisold), recreation superintendent (Ms. Friederich), public works director (Mr. Hall), engineering director (Ms. Heiser), building and energy director (Mr. Hoffman), Police Chief Kruelle, interim Fire Chief Scott, housing supervisor (Ms. Olson), deputy city clerk (Ms. Scott-Lerdal), communications and technology director (Ms. Smith), park superintendent (Mr. Umphrey), human resources director (Ms. Vorpahl), planning manager (Mr. Walther), parks and recreation director (Mr. West) Guests: Rebecca Petersen, Redpath Discussion items. 1. Capital budget and levy recommendation. Ms. Cruver presented the staff report. Council Member Brausen asked about Tax Increment Financing (TIF) projects and how they will impact taxpayers. Ms. Cruver stated that when TIF districts are decertified, they add to the tax base of the city. More tax base to pay for the levy means the payments will be more spread out over more payers, lowering individuals’ bills. Before TIF districts are decertified, the owners continue paying the property tax rate they paid before the project started. Council Member Dumalag noted capital versus operating funds. She asked about it being any expense over $10,000 and non-recurring and stated there are some recurring items in the report. She asked if this relates to municipal or IT items. Ms. Cruver stated yes, that is correct and added this should be reviewed and possibly moved into the operating fund in the future. Council Member Dumalag asked if departments negotiate their own contracts and how assumptions are built in. Ms. Cruver stated staff wants IT involved in anything related to IT contracts or needs. She added data privacy would also be included in any IT contracts. Council Member Dumalag stated in the CIP there are larger expenditures in sanitary sewer utility and asked if that is the negotiated price. Ms. Cruver stated that is inflation-related pricing. Ms. Heiser added there are cost increases every year and there is budgeting completed City council meeting of September 9, 2024 (Item No. 4a) Page 2 Title: Study session meeting minutes of August 12, 2024 each year and it is an escalator each year, based on past performance. She added all sanitary sewer projects need to be part of the bidding process. Council Member Dumalag noted the park improvement fund. If the pipeline of projects is slowing, she asked if staff anticipates having to adjust next year so as not to deplete that fund. Ms. Cruver stated yes, staff would work on estimates and if it comes in under revenues, there would be adjustments, but added 2025 should be fine for this fund. Council Member Rog about hydraulic rescue tool at $85,000. Interim Fire Chief Scott clarified it is a fire rescue tool for extractions. Council Member Brausen asked if there is a resale market for updated tools like this. Mr. Scott stated there is very little market for resale. He stated old fire engines are included in trade-ins and some smaller out-state areas do want used fire engines, so they are put to good use. Council Member Rog asked about police body and dash camera costs, noting $250,000 for storage per year. She noted the 2025 and 2026 costs at $490,000 and how that was budgeted. Ms. Cruver stated the remaining years are in the IT fund. Council Member Rog noted playground equipment and areas that will be having work this year. She asked what the shelf life is for playground equipment. Mr. West stated there is a shelf life of 15-18 years and then it is donated and repurposed for children in other parts of the world. Council Member Rog asked then if the equipment is not good enough for us, why is it ok for those in other countries. Mr. West stated it might be good enough, but safety standards in the United States are more stringent than in other countries. He added there are evaluators who are licensed installers who come in to inspect, and several in St. Louis Park are due to be updated this year. Council Member Rog asked if the public is still asked to give input on playground equipment. Mr. West stated yes, adding staff reaches out to area residents around the playgrounds. Council Member Rog asked about replacement of the water park and an investment of $3,000 in gutters. Ms. Cruver stated that is for pool gutters and the aquatic park study is focused on the replacement of the pool. Ms. Friederich said the study results will be back at the end of August, and the results will be reviewed while direction and bids would need to be in place before the pool is replaced. Ms. Cruver added this item is funded by the levy so there could be discussion on this about funding it with excess fund balance instead of the levy. Council Member Rog asked about Water Treatment Plant #8 with rehab costs of $400,000 and if there is anything wrong at that facility. Mr. Hall stated that is for routine maintenance and filter media replacement, inspection of the filters, and then repainting of filters. Council Member Rog asked about Webster Sanitary Sewer costs of $800,000. Mr. Hall stated this is a lift station with new pumps, wet and dry well, new force main, and with 34 lift stations in the city, the plan is to do one each year to spread the costs out. He added the pumps wear City council meeting of September 9, 2024 (Item No. 4a) Page 3 Title: Study session meeting minutes of August 12, 2024 out as well as the force main and the wet wells deteriorate and all need to be replaced over time. Council Member Rog stated that is expensive, and Mr. Hall agreed. Council Member Rog asked about $150,000 for security support and body cams. Ms. Cruver stated that is part of IT items and is more closely aligned with cyber security. Council Member Rog asked about costs of public safety noting this is good to keep track of. Ms. Cruver stated that will be part of the next discussion. Council Member Budd asked about handgun optics. Police Chief Kruelle stated this is an accuracy enhancement and an actual optic on top of a gun. Council Member Rog stated that is $67,000 for handgun optics. She asked about the canine purchase. Police Chief Kruelle stated the city will look at purchasing another canine in 2025. Ms. Cruver stated there is a fund balance currently and in the past donations have gone into the general fund, and earmarked and some of those funds will be used to cover the cost of the canine purchase in 2025 and future expenses related to it. Ms. Cruver added the city also regulates these past donations, so the money is earmarked to be spent as it was intended originally. Council Member Rog asked about license plate readers and if the city has always had them. Chief Kruelle stated the police have had them for the last two years, so this will be an expansion. He stated it is used for solving stolen auto crimes and proactive response. She asked if they were mounted on police cars or mounted around the city. Chief Kruelle stated they are mounted around the city. Council Member Rog asked if artificial intelligence is being used. Ms. Keller stated this scans license plates to see if the car is stolen, as well as facial recognition. Council Member Dumalag asked about some of the high-level plans related to redesign in the police department. Ms. Keller stated it is not developed yet, but there are several needs. Council Member Budd asked about the impact the budget will have on city taxes. Ms. Cruver stated staff does not have a precise number yet as there are several policy changes and staff is seeking council direction, but the scope of impact and projections will be provided before the Sept. 16 meeting. Council Member Budd asked about $320,000 for overlay and GO bonding. Ms. Heiser stated there are 43 miles total of at-risk streets, with 17 miles actively delaminating. Of that, there are 4.5 miles of street that are less than 15 years old, so the recommendation is to do in-house overlay on those streets. Starting in 2026 through 2030, the streets over 15 years old would be scheduled for a mill and overlay, in preparation for that, the sidewalks on the streets will need to be updated to meet ADA requirements the year before mill and overlay. Council Member Brausen asked if the $320,000 is for prepping streets for mill and overlay. Ms. Heiser stated that no, it is to buy asphalt and utilize 4 weeks of staff time to put in a one-inch overlay on streets less than 15 years old, to address delamination that has occurred. City council meeting of September 9, 2024 (Item No. 4a) Page 4 Title: Study session meeting minutes of August 12, 2024 Council Member Brausen also asked Ms. Heiser to confirm if delamination is mostly a cosmetic issue that does not cause structural problems. Ms. Heiser stated it can cause premature aging, but it is not structural. Council Member Baudhuin asked about snow removal in lighter winters vs. heavier winters and costs related to this. Ms. Cruver stated it is always a mixed bag, but in 2025 those funds will be appropriated in its own fund, so the funds will stay there for that purpose. Council Member Rog asked what the staff salary increase was that the council approved. Ms. Cruver stated in 2024 it was a 3.5% increase, which has been the historical average. Council Member Rog asked how many staff the city has. Ms. Cruver stated it is around 300. Council Member Rog asked if that is typical for a city of St. Louis Park’s size. Ms. Cruver stated she would have to research other cities to determine staffing levels. Council Member Rog asked if the city still pays at the 85th percentile. Ms. Cruver stated the city’s compensation plan does target at that range. Council Member Rog asked what new positions were added in 2024. Ms. Keller stated she would get that information to council later. Council Member Rog asked about the Saver Grant and how long the commitment is to maintain those 3 firefighters. Interim Fire Chief Scott stated there is an expectation but no set time for keeping them. He stated they are being fully utilized and are helping the fire department enormously. Council Member Rog asked if website design is still in the works for 2025. Ms. Cruver stated yes. Council Member Brausen stated he is supportive of the policy questions and the proposed budget as drafted. He added he was not at the delamination discussion which had a clear majority, and stated he is not sure that is worth adding to the budget for this coming year. He stated the cost is not about structural integrity of streets but is about being proactive, and given the large levy increase coming, he would not support that. He added he also supports the 5-year projected CIP as well. Council Member Budd stated she also supports the proposed budget but is concerned about a 9% levy. She stated she was part of the delamination discussion and has residents in her ward that are concerned. She stated she understands the difference between structural and aesthetic, but it is starting to look like a gravel road and when plowed in winter it gets worse as well as affecting market value and the $20,000 cost is reasonable. She added she appreciates the clean-up of salaries, and she is supportive of all the policy questions and the proposed budget. Council Member Dumalag stated she is supportive of policy questions 1 and 2 and was also part of the delamination discussion. She noted there are residents in her ward concerned about their roads as well. She stated she is supportive of delamination and would also approve it as a policy as well. City council meeting of September 9, 2024 (Item No. 4a) Page 5 Title: Study session meeting minutes of August 12, 2024 Council Member Baudhuin asked about the $300,000 for delamination and if that were eliminated, and how would it affect the levy. Ms. Cruver stated it would then be at 8.3%. Council Member Baudhuin stated he is supportive of moving forward but is deeply concerned about a 9% levy. He stated he would like to look at various scenarios. Ms. Cruver stated she will provide those at a future meeting for discussion. She stated it is helpful for her to understand the council’s comfort level to prepare those options. Council Member Baudhuin stated residents have expressed concern about levy increases and he wants to be sure that staff and council do their due diligence on this to bring the levy down as much as possible. He stated residents also tell him they love living here, and that is because of all that is offered and paid for through taxes. He also stated he would like it messaged better to residents to make the services and value they are receiving in exchange for their tax dollars understandable. Council Member Farris stated she also supports the proposed budget and asked if it passes at a 9% levy, is there a way for seniors and others to get assistance. Ms. Cruver stated there are programs available through the state and that information is included in all communication. Council Member Farris added she supports the proposed 5-year CIP as well. Council Member Rog stated she would not support the 9% levy as it is too high. She stated she has a proposal for subbing out the alley project for delamination, adding there is only so much to spend. She stated the alley reconstruction costs are significant, and when looking at these costs, it feels like roads are more important than the alleys. She stated this would allow delamination work and get the levy increase lowered. Council Member Rog added it feels like some funds have higher balances than needed, so there could be wiggle room there as well. Ms. Cruver stated there is a balance in the park improvement fund, and while she agrees, there should be caution on reducing that balance too far, so there is not a spike later. Council Member Rog stated the city has invested a lot in affordable housing, and while she wants to continue this, there may be a time and place to pause as well, especially when considering the huge investments being made in market-rate housing. She stated TIF is on the back of folks paying taxes since those are not collected for 10 years. She added at this time she is not supportive of a preliminary levy of 9%. She stated for the 5–10-year CIP, she will not support that either, adding there are lots of needs and the impact on residents is high. Ms. Cruver asked if there is a target on levy or CIP changes. Council Member Rog stated she would like to see it under 7% but is not sure that is realistic. She added she is not prepared to give a number. Council Member Dumalag added when talking about the cost to residents, the city has aging infrastructure, and it is all a matter of sharing in those costs. She noted the city could borrow the $36 million to pay for improvements or we could use the TIF districts to do that and there is an opportunity cost there. City council meeting of September 9, 2024 (Item No. 4a) Page 6 Title: Study session meeting minutes of August 12, 2024 Council Member Dumalag added these are policy decisions made by this council or previous councils on the use of TIF. She added for the purposes of discussion and budget, these are things we need to talk about. Ms. Cruver noted the alley improvements are paid for by franchise fees and everyone pays those fees. Ms. Heiser stated franchise fees are being maxed out and added they are also used for parking lots, replacing sidewalks, ADA improvements of sidewalks and roads. Council Member Brausen asked if the city is at the end of alley projects. Ms. Heiser stated yes and noted they should be completed by 2030. She added the program to reconstruct alleys was directed by the council and there were 20 miles of alleys total, with 5 that were gravel. The council directed this because it is an erosion control concern, gravel gets into storm sewer and there are drainage issues on many of these alleys. She noted reconstructing them is necessary for safety, solid waste vehicles, and they are used by bicyclists and pedestrians. She added that there is an annual operation and maintenance cost as well. Once constructed in concrete, it eliminates this annual cost and is a long-term investment. She stated they do ½ mile per year. Council Member Brausen asked if the delamination can be postponed one year. Ms. Heiser stated that it would be ok to postpone until there is funding available. She went on to say that she does not recommend reallocating funding from other projects to focus on delamination. Council Member Brausen stated he would suggest holding the project until there is a 5% levy vs. this year when there may be a 9% levy. Council Member Baudhuin asked if examples of streets and alleys can be forwarded to council members, so he can go look at the areas of need. Ms. Heiser stated she would get back to the council on this. Council Member Rog asked about sidewalk shaving and if that is something new the city is investing in. Ms. Heiser stated the city has done this as part of annual sidewalk projects, noting it has been stepped up now. She stated it takes care of a tripping hazard by shaving vs. taking out and replacing a sidewalk. Council Member Rog stated she feels good about this, because it addresses city priorities of biking, walking, and mass transit, which she added does not always feel like it is meeting these goals. Council Member Brausen stated he would like to see communication to residents that fees are going up also, and then alleviating some impact on homeowners. Ms. Cruver stated residential properties will pay less and will be as favorable as last year. Mayor Mohamed stated 9% is high compared to past years, but it only keeps getting higher and higher due to inflation and the cost of living. She added with this in mind, she was not surprised about this estimate. She stated she is happy about the new mattresses in the fire station. She also noted the body cameras, and the goal is for safety of the officer and the resident, and it is worth it to accomplish that goal. City council meeting of September 9, 2024 (Item No. 4a) Page 7 Title: Study session meeting minutes of August 12, 2024 Mayor Mohamed stated she would love to see the 9% levy reduced, and she is hopeful that staff can work to lower this, while still considering the city’s priorities. She stated she would support delamination delay and pushing it back a year which would bring the levy down to about 8%. She continued that she also supports the 5-10-year CIP. She added people love living here and they know what they are paying for. She stated any monies that are collected in levies go back to providing for residents and those who do the services and she is happy about this. Ms. Keller summarized that staff heard a majority of council is not comfortable with the projected 9% levy. She noted that staff is presenting very real numbers that will most likely not be adjusted. Ms. Cruver stated that pushing back delamination would lower the levy a bit, but she has not heard clear direction from a majority of the council that they want to delay this work. Mayor Mohamed stated the delamination should be held for one year. Council Member Brausen stated he would also like to postpone the delamination. Council Member Rog asked if there is flexibility on the aquatic center gutters. Ms. Cruver stated she would prefer more conversation on this item but added it could be looked at. Council Member Baudhuin stated it is helpful for this all to be clarified. He stated he would vote against a 9% levy right now. He asked how many things are more negotiable with timeline and can some of those scenarios be presented to council. Ms. Cruver stated if the council does want to hold off on delamination, it would be helpful for staff to know. She added staff has tried to be more precise and accurate with budgeting so she is not convinced she can find large savings this time. Ms. Keller added the aquatic gutter project would not be impacted by the levy as it comes from the park improvement fund. Ms. Cruver clarified that a reduction in spending in the fund would in fact impact the levy since the fund is supported by the levy in addition to other revenue sources. Ms. Walsh agreed and noted there is a decent amount of funding available in this fund, but the project will need to happen at some point. She added the study will show us how to proceed and when. She added this will not impact the levy. Council Member Budd added with delamination she encourages council members to go look at the areas and noted it is difficult to bike on these roads. Mayor Mohamed stated the 9% is uncomfortable, and she is hearing the council is not willing to de-prioritize any projects, adding it will not make much of a difference with the 9% levy. Council Member Baudhuin stated he is open to delaying projects and would like to see more scenarios on this. Council Member Brausen stated he is in favor of an 8.3% levy and delaying the delamination project. City council meeting of September 9, 2024 (Item No. 4a) Page 8 Title: Study session meeting minutes of August 12, 2024 Council Member Budd stated she would support a 7.7% levy which is what it was last year. Council Member Baudhuin added he would support an 8% levy with eliminating some items. Ms. Cruver stated she is hearing council support for a levy closer to 8%, so she will look at that and present those items to the council that have the least impact on city priorities if they are delayed. Council Member Dumalag added the council has made promises to residents, and now if projects are delayed, and changes to decisions on policy, this will need to be addressed. 2. Review of 2023 annual comprehensive financial report. Mr. Olson presented the staff report. Ms. Petersen from Redpath was available to answer questions. Council Member Rog asked why there was no revenue seen. Ms. Cruver stated this relates to large capital projects and one factor is the Cedar Lou project, being funded by multiple sources and timing to projects. Council Member Rog noted an interactive website that the council used as a tool for budgeting in past. Ms. Cruver stated there are several tools available to help present the data. Council Member Baudhuin stated a video might also be helpful to residents about budgeting as well. Council Member Baudhuin noted that 67% of the general fund is property tax and in a similar report it said it was property tax and TIF. He asked for a breakdown of this. Ms. Cruver stated that can be found on pages 41-43 of the report. Mayor Mohamed asked about dollars in use and if this is related to public safety. Mr. Olson stated yes. Ms. Petersen presented an audit report to the council. She noted a contract was paid, but not signed in advance which poses a problem. She also noted there was a conflict-of-interest issue, which has now been addressed. She added there were also some issues with MN legal compliance including items of non-compliance related to public purposes of expenditures. She added there was also an issue with prompt payment of bills. She noted a contribution that was not made timely and exceeded the threshold. Ms. Cruver stated a temporary employee has been hired now to assist with keeping up with accounts payable. Ms. Petersen stated implementation of accounting policies was something that cities needed to do this year. She noted these are time-intensive for cities to implement, and with the city’s triple bond rating, this standard needs to be followed. She noted there is a liability with the future obligation, but there is no significant impact on bond ratings. She added that rating agencies are aware of this. City council meeting of September 9, 2024 (Item No. 4a) Page 9 Title: Study session meeting minutes of August 12, 2024 Ms. Petersen noted unrealized gains on investments, which has an impact on cities as a whole. She noted also there are some uncorrected items in the financial statements, but they do not affect the audit. She stated staff was helpful with the audit and if any issues came to light during the audit, they were reported to the council in the letter. She added there will be more impact to staff time on accounting standards that are changing also. Council Member Budd asked about the contract findings and if this was the city reporting this item to auditors, or if the auditors found this item. Ms. Petersen stated audit adjustments are items that auditors find during their investigations and items found by the city itself are not held against it. Ms. Keller asked for more detail on when discrepancies are found. Ms. Cruver stated staff does work closely with the auditors on issues and asks the auditors to weigh in on items if needed. Ms. Petersen added auditors must talk to staff in other departments, and even to council, about fraud or any accusations of fraud, and not only talk with the finance department. Mayor Mohamed thanked the auditors for this report and stated it is important the city is transparent and follows these standards on all services, programs, and initiatives. She stated council has had many discussions on public purpose over the years as well and will continue to do so. Council Member Dumalag asked about authorization for an expense and asked staff if documentation is consistent with city policy. Ms. Cruver stated yes, noting contracts now have a central portal where all are stored to be consistent and make sure they comply with city policies. She added regarding payments, there has been much revamping of the process, and that all W9s are stored appropriately, and all tax information is available. Ms. Keller added individuals have also been trained in processes to ensure compliance in areas of concern. Ms. Cruver stated the most important piece is the execution of this and staff will continue to work on these corrections. Council Member Rog noted on public purpose there was no law change, and the city has been earning this AAA rating and we are looking at changes in neighborhoods. She asked what changed and why were these items not called out in the past. Ms. Cruver stated one thing is new leadership in the finance department, noting she does not think the way the city is spending money related to the neighborhood grant program meets public purpose and she is not comfortable moving forward with something that is not in line with public purpose standards. She added there are also new eyes in the auditor’s seat as well with Ms. Petersen coming on board the same year as Ms. Cruver. Council Member Brausen added funding for neighborhood associations is a flashpoint and asked if we can ask the state auditor if the city can continue to make these grants to the associations, which is about community building. Ms. Cruver stated the response from the auditor would be that statutory changes would be required and that is possible. City council meeting of September 9, 2024 (Item No. 4a) Page 10 Title: Study session meeting minutes of August 12, 2024 Council Member Dumalag stated the city has never been compliant ever with this issue. Ms. Cruver agreed. Council Member Rog stated that is open to interpretation, however, other cities do make grants to neighborhood associations. Ms. Cruver stated she, the city attorney, and the auditor are all in agreement on the interpretation of this issue. Ms. Cruver pointed out the 2022 report was delivered in December last year, and this year the audit report for 2023 was delivered on time, and the city is now on a good track to ensure this process is completed on time annually. Written Reports. 3. Development proposal for 5401 Gamble Drive – Ward 4. Council Member Brausen stated he sent his concerns to staff and noted he has concerns about the drive-thru at the coffee shop and questioned the necessity. Council Member Dumalag stated this segment of West End could use some revitalization and the retail segment has been struggling. Mayor Mohamed noted impacts that may occur in the West End and what is allowed and not allowed, what applications are needed by developers and TIF request information. Ms. Keller stated if there should be more discussion on this, she would prefer to have the appropriate staff available for the discussion. Council Member Rog stated she feels there should be more discussion on this. The other council members agreed. Communications/meeting check-in (verbal) The meeting adjourned at 9:14 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Nadia Mohamed, mayor Meeting: City council Meeting date: September 9, 2024 Consent agenda item: 5a Executive summary Title: Approve city disbursements Recommended action: Motion to approve city disbursement claims for the period of July 31 – Aug. 30, 2024. Policy consideration: Does the city council approve city disbursements for the period ending July 31 – Aug. 30, 2024? Summary: The finance department prepares this report monthly for the city council to review and approve. The attached report shows both city disbursements paid by physical check and those by wire transfer or Automated Clearing House (ACH) when applicable. Financial or budget considerations: Review and approval of the information by council is required by the city charter and provides another layer of oversight to further ensure fiscal stewardship. Strategic priority consideration: Not applicable. Supporting documents: Disbursement summary Prepared by: Ramatulai Barrie, interim accounting specialist Reviewed by: Joe Olson, deputy finance director; Amelia Cruver, finance director Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 2 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 3 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 4 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 5 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 6 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 7 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 8 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 9 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Approve city disbursements Page 40 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 41 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 42 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 43 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 44 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 45 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 46 City council meeting of September 9, 2024 (Item No. 5a) Title: Approve city disbursements Page 47 Meeting: City council Meeting date: September 9, 2024 Consent agenda item: 5b Executive summary Title: Second reading and adoption of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking Recommended action: Motion to approve second reading and adopt ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking and setting an effective date of Jan. 1, 2025. Policy consideration: Does the city council wish to rescind Ordinance No. 2576-19 Efficient Building Benchmarking and turn administration of commercial energy benchmarking over to the State of Minnesota effective Jan. 1, 2025? Summary: In 2019, city council adopted the Efficient Building Benchmarking ordinance, which requires owners of commercial, multifamily, and public buildings 25,000 square feet or larger to report annual whole building energy and water use in order to benchmark energy consumption and motivate performance improvement. This spring marked the fifth year that the city has required energy and water data collection from approximately 220 buildings. During the 2023 legislative session, lawmakers passed a Statewide Building Energy Use Benchmarking statute. Under the state program, buildings 100,000 square feet and greater must begin annual benchmarking in 2026, and buildings 50,000-99,999 square feet must begin in 2027. Buildings smaller than 50,000 square feet are exempt from the statute. Council has the option to uphold the city benchmarking ordinance or rescind it in favor of the state program. At a first reading of the ordinance on Aug. 19, 2024, the city council voted to rescind the Efficient Building Benchmarking ordinance at the end of the current year, thereby saving approximately $30,000 budgeted in the 2025 proposed operating budget for contracted services provided by the benchmarking help desk. Although this action is being taken now, Jan. 1, 2025 will be set as the effective date of ordinance rescission. Financial or budget considerations: Rescinding the ordinance at the end of the fiscal year will result in a projected $30,000 budget savings for 2025. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Proposed ordinance Ordinance 2576-19 to be rescinded Prepared by: Emily Ziring, sustainability manager Reviewed by: Brian Hoffman, building and energy director Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 5b) Page 2 Title: Second reading and adoption of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking Ordinance No. - 24 Rescinding Ordinance No. 2576-19 The City of St. Louis Park does ordain: Whereas, the City of St. Louis Park had established a building energy benchmarking program in Ordinance No. 2576-19 (Chapter 6, Article VIII in the city code); and, Whereas, in 2023 the legislature of the State of Minnesota passed a statute requiring energy benchmarking in buildings statewide effective January 1, 2025 for buildings 100,000 square feet and larger and January 1, 2026 for buildings 50,000 square feet and larger; and, Whereas, the City of St. Louis Park has the option to rescind Ordinance No. 2576-19 and allow the State of Minnesota Department of Commerce to take over administration of energy benchmarking for St. Louis Park buildings; and, Whereas, the city council of the City of St. Louis Park has indicated support for allowing the State of Minnesota Department of Commerce to take over administration of energy benchmarking for St. Louis Park buildings effective January 1, 2025. Now, therefore, be it resolved by the St. Louis Park City Council that, Section 1. Ordinance No. 2576-19 is hereby rescinded and Chapter 6, Article VIII is removed from the city code. Section 2. This ordinance shall take effect on January 1, 2025. First Reading Aug. 19, 2024 Second Reading Sept. 9, 2024 Publication date Sept. 19, 2024 Effective date Jan. 1, 2025 Reviewed for administration: Adopted by the city council Sept. 9, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren M. Mattick, city attorney City council meeting of September 9, 2024 (Item No. 5b) Page 3 Title: Second reading and adoption of ordinance rescinding Ordinance No. 2576-19 Efficient Building Benchmarking SUMMARY FOR PUBLICATION Ordinance No. ____ - 24 Rescinding Ordinance No. 2576-19 This ordinance states that Ordinance No. 2576-19, which established energy benchmarking requirements for commercial buildings, is rescinded. This ordinance shall take effect on January 1, 2025. Adopted by the City Council September 9, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: September 19, 2024 Meeting: City council Meeting date: September 9, 2024 Consent agenda item: 5c Executive summary Title: Second reading and adoption of pre-eviction notice ordinance Recommended action: Motion to approve second ready of ordinance amending city code section 8-335 requiring 30 days written pre-eviction notice. Policy consideration: Is the council supportive of requiring a 30-day pre-eviction notice period and requiring the use of a city-provided notice form? Summary: Since Feb. 1, 2021, property owners/managers in St. Louis Park are required by the city to provide a seven-day notice to renters before filing an eviction action alleging a material breach of the lease for nonpayment of rent or other unpaid financial obligations. In 2023, the Minnesota State Legislature enacted MN State Statute 504B.321 requiring landlords provide a 14-day notice of eviction, effective Jan. 1, 2024. In response to this legislation, at the Oct. 23, 2023 city council study session staff recommended the city’s notice of eviction ordinance be amended to align with the state’s new 14-day notice of eviction requirements, recommended the notice be called a “pre-eviction notice”, and that property owners/managers be encouraged to use a city -prepared pre-eviction form available in multiple languages. Several city council members expressed interest in a 30-day notice and requiring the use of a city-prepared pre-eviction form. The council directed staff to engage in further outreach to gather input on the potential impacts of both. Staff collected comments provided through a survey, attorney recommendations , and eviction data from the Hennepin County eviction dashboard, as well as the state’s comprehensive process leading to a 14-day notice period. Staff also consulted with the city attorney on changes to the ordinance. Staff prepared study session reports March 25, 2024, April 24, 2024 and July 15, 2024. At the July 15, 2024 study session the majority of the council supported a 30-day notice and requiring the use of a city-provided notice form. Council directed staff to amend the city’s ordinance to provide for a 30-day pre-eviction notice and require the use of a city- provided form of the notice. The city attorney has reviewed the amended ordinance and form of notice. The city council approved the first reading of the pre-eviction notice Aug. 5, 2024. Following the second reading and subsequent publication of the amended ordinance, the ordinance will become effective Nov. 1, 2024. Financial or budget considerations: Staff time to implement and monitor the ordinance and educate rental property owners/managers and tenants. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Draft ordinance and summary for publication Prepared by: Marney Olson, housing supervisor Reviewed by: Karen Barton, community development director Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 5c) Page 2 Title: Second reading and adoption of pre-eviction notice ordinance Ordinance No. ____ - 24 Amending the St. Louis Park City Code Section 8-335 requiring 30 days written notice to tenant prior to initiating eviction proceedings The City of St. Louis Park does ordain: Section 1. The St. Louis Park City Code Chapter 8, Section 8-335 is amended as follows: Sec. 8-335. Notice required prior to initiating eviction proceedings. The City of St. Louis Park does ordain: (a) At least seven 30 days before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligations in violation of the lease, an owner a landlord must provide written pre-eviction notice to the residential tenant specifying the basis for future eviction action. The landlord is required to provide the residential tenant with a pre-eviction notice form prepared by the city. Any pre-eviction notice shall be titled “Pre-eviction notice” and shall: (b) For an allegation of nonpayment of rent or other unpaid financial obligations in violation of the lease, the Owner must include the following in the written notice: (1) The total amount due. (2) A specific accounting of the amount of the total due that is comprised of unpaid rents, late fees, or and other charges under the lease; and (3) The name and address of the person authorized to receive rent and fees on behalf of the owner. (c) A notice provided under this section must: (1) Provide a description of how to access legal and financial assistance through information posted on the city’s website. (2) state that the owner may bring an eviction action following expiration of the seven-day notice period if the tenant fails to pay the total amount due or fails to vacate. (1) State that the landlord may file an eviction case if the tenant fails to pay the total amount due or move out within 30 days from the date of the notice, and such date must be included in the notice. City council meeting of September 9, 2024 (Item No. 5c) Page 3 Title: Second reading and adoption of pre-eviction notice ordinance (2) Include the following statement: “If you need legal or financial help you may contact the resources listed in this pre-eviction notice.” (3) Provide a description of how to access legal and financial assistance through information posted on the city’s website. (d) The owner or an agent of the owner must deliver the notice personally or by first class mail to the address of the leased premises. If the tenant has agreed in writing, notice may be delivered by email to the residential tenant at the residential tenant’s email address on file with Owner. (e)(b) If the tenant fails to correct the rent delinquency within seven 30 days of delivery or mailing the date of the notice, or fails to vacate, the Owner landlord may bring an eviction action under Minn. Stat. § 504B.321. subdivision 1 based on nonpayment of rent. Section 2. This ordinance shall take effect November 1, 2024. First Reading August 5, 2024 Second Reading September 9, 2024 Date of Publication September 19, 2024 Date Ordinance takes effect November 1, 2024 Reviewed for administration: Adopted by city council September 9, 2024: ____________________________________ ____________________________________ Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: ____________________________________ ____________________________________ Melissa Kennedy, city clerk Soren Mattick, city attorney City council meeting of September 9, 2024 (Item No. 5c) Page 4 Title: Second reading and adoption of pre-eviction notice ordinance SUMMARY FOR PUBLICATION Ordinance No. ____ - 24 Ordinance amending the St. Louis Park City Code Section 8-335 requiring 30 days written notice to tenant prior to initiating eviction proceedings The ordinance amends the existing notice of eviction ordinance to require 30 days written notice to tenant prior to initiating eviction proceedings and the landlord is required to provide the residential tenant with a pre-eviction notice form prepared by the city. The ordinance shall take effect on November 1, 2024. Adopted by the city council September 9, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the city clerk. Published in the St. Louis Park Sun Sailor: September 19, 2024 Meeting: City council Meeting date: September 9, 2024 Consent agenda item: 5d Executive summary Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation Recommended action: Motion to approve the second reading and adopt an ordinance amending city code chapters 34 and 36 and approve summary ordinance for publication. Summary: The tree canopy is diminishing in St. Louis Park as tree removals continue in response to emerald ash borer in ash trees, decline in mature oak trees and Dutch Elm disease in elm trees. Tree removal from urban development projects also contributes to canop y loss, although not to the same extent. The city supports tree planting on existing commercial and residential properties through multiple cost-share programs including annual Tree Sale, Shade SLP, Shade SLP+ and Depave SLP. In 2023, city council directed staff to explore strategies to promote tree preservation in St. Louis Park with a focus on heritage trees. Heritage trees are mature trees that contribute greatly to the city’s tree canopy and provide magnified public and env ironmental health benefits compared to smaller trees. The tree preservation ordinance will add four elements to the zoning code: 1) a heritage tree definition, 2) heritage tree replacement requirements, 3) heritage tree preservation credits and 4) tree protection permit requirements. The tree preservation ordinance also includes various updates to the vegetation code to clarify circumstances that require a permit versus written permission and to reflect regulatory changes related to native landscaping as outlined in Minnesota State Statute 412.925. These policy changes will supplement existing strategies to help achieve the city’s long-term tree canopy goals of 30% tree canopy coverage by 2035 and 35% tree canopy coverage by 2045. Previous actions Governing body Date Public hearing conducted. No comments received. Recommended approval (5-0 vote). Planning commission Aug. 7, 2024 First reading approved (5-0 vote). City council Aug. 19, 2024 Following the second reading, the ordinance will go into effect on Jan . 1, 2025. Financial or budget considerations: Additional resources will be required to effectively inspect and enforce existing tree protection codes and the additional code improvements outlined in this report. Staff requested one additional natural resources full-time equivalent as part of their 2025 operating budget request. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Ordinance and summary ordinance for publication. Prepared by: Katelyn Champoux, associate planner Reviewed by: Sean Walther, planning manager/deputy community development director Karen Barton, community development director Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 5d) Page 2 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation Ordinance No. ____ - 24 Ordinance amending Chapter 34. Vegetation, Chapter 36, Article I, Section 36 -4. Definitions, Chapter 36, Article V, Section 36-364(j). Restrictions for tree removal; standards for replacement and Chapter 36, Article V, Section 36-364(k). Tree protection. The City of St. Louis Park does ordain: Whereas, the city has experienced a decline in tree canopy due to tree removals resulting from emerald ash borer in ash trees, decline in mature oak trees and Dutch Elm disease in elm trees, and; Whereas, the city has goals and policies to increase tree canopy to 30% by the end of 2035 and 35% by the end of 2045, and; Whereas, due to changes to the Minnesota State Statutes 412.925 regarding native landscaping updates to the vegetation chapter of city code are needed, and; Whereas, the planning commission conducted a public hearing on August 7, 2024 on the ordinance, and; Whereas, the city council has considered the advice and recommendation of the planning commission (case no. 24-15-ZA). Now, therefore be it resolved that the following amendments shall be made to Chapter 34 of the city code pertaining to vegetation and Chapter 36 of the city code pertaining to zoning: Section 1. Transporting certain types of wood. Section 34-58 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. It is unlawful for any person to transport within the city any bark-bearing elm, wood, or wood infested by disease or inspects insects without having obtained a permit written permission from the city, which shall grant such permits permission when the purposes of this division will be satisfied. Section 2. Permission required. Section 34-81 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. Application for permission to plant such trees shall be made to the director of parks and recreation, stating the variety and precise location proposed for each tree. After the receipt of such an application, the director shall investigate the locality where the trees are to be placed and shall grant a permit written permission only if, in his the director’s judgment, the location is such as to permit the normal growth and development of each tree. The permission shall specify the location, variety and grade of each tree and method of planting, including, among other things, the supplying of suitable soil. The permission shall be good only for the season stated on it in the year issued, and no charge shall be made for such permission. No tree shall be planted except in accordance with its terms. The specifications of the permission shall be such as will secure the suitable location, planting and growth of each tree. City council meeting of September 9, 2024 (Item No. 5d) Page 3 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation Section 3. Planting requirements. Section 34-83 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No permit permission for planting of such trees shall be given where the clear space between the curb and sidewalk is less than three feet. Neither shall a permit permission be given where the soil is too poor to ensure the growth of the trees unless the applicant or the owner agrees to excavate a suitable hole of not less than 54 cubic feet and to replace the material removed with suitable good loam. Section 4. Protection of trees. Section 34-85 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (a) Public trees. No building material, machines or equipment of any description shall be piled near any street tree unless such tree is first sufficiently protected by a proper guard and/or tree protection fencing as described in Section 36-364 to prevent possible injury, and all instructions issued for that purpose by the Director must be promptly complied with by the owner or contractor. (b) Private trees. Trees on private properties (with the exception of existing lots developed with single-family or two-family dwellings) are protected from removal and damage as described in Sec. 36-364. Any person proposing a land disturbing activity on a commercial property or new subdivision shall apply to the city for, and receive approval of, a tree protection permit as described in Sec. 36-364. Section 5. Removal or injury to trees. Section 34-86 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No person shall remove, destroy, cut, deface or in any way injure or interfere with any tree or shrub on any of the avenues, streets or public grounds, including parks and parkways of the city, without a permit written permission from the director. Section 6. Paving around trees. Section 34-88 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. No paving of any description shall be laid or maintained by anyone between sidewalk and curb which will cut off the air and water from any tree. A space of not less than 50 square feet must be left open for each tree which space may be covered with suitabl e satisfactory iron grate upon a permit of written permission from the director, to whom the plan for such grate must be first submitted. Section 7. Purpose. Section 34-114 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. The purpose of this Article is to establish minimum standards for lawn maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn, such as Minnesota native plants, are recognized as important parts of a diverse and successful landscape and contribute to a healthy urban ecological system. A parcel with proposed Native Vegetation that exceeds 800 square feet or exceeds 25% of parcel surface area will require a Native Vegetation Permit. City council meeting of September 9, 2024 (Item No. 5d) Page 4 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation Section 8. Definitions. Section 34-115 of the St. Louis Park City Code is hereby amended to delete the struck-out language and renumber this section accordingly. (a) “Maintenance Plan” – a document submitted with an application for a Native Vegetation Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. (c) “Native Vegetation Permit” – a permit issued by the City pursuant to this article allowing an owner or occupant to cultivate Native Vegetation upon his/her property. A Native Vegetation Permit exempts an owner or occupant from Section 34-116(c). Section 9. Exemptions. Section 34-117 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (d) Native Landscapes Vegetation, with a Native Vegetation Permit in accordance with Section 34-118 as defined by Minnesota state statute 412.925. Section 10. Native vegetation permit. Section 34-118 of the St. Louis Park City Code is hereby removed. This struck-out ordinance is now regulated pursuant to Minnesota state statute 412.925. (a) Permit. Upon satisfaction and completion of all the requirements of this section, the City Manager or designee shall issue a Native Vegetation Permit. A Native Vegetation Permit permits the permitee to cultivate Native Vegetation and exempts the proper ty from Section 34-116(c). A Native Vegetation Permit shall be valid for five (5) years from the date of approval. The City Manager or designee shall not approve a Native Vegetation Permit for property with unresolved Code of Ordinance violations or administrative citations. (b) Application. The Application for a Native Vegetation Permit which shall be provided by the City Manager or designee shall contain the following: (1) Statement of intent and purpose in cultivating Native Vegetation. (2) Site plan showing lot lines, buildings, location of proposed Native Vegetation, the property’s legal description, and corner visibility requirements as defined by Section 24-47 of the City Code. (3) Latin and common names of the species the property owner or occupant plans to cultivate. (4) Maintenance requirements for said species. (5) Name and address of a professional landscaping company which has been hired to perform maintenance on the Native Vegetation; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the Native Vegetation. (6) A Maintenance Plan, which shall contain the following: a) Planting diagram showing the location and mature height of all specimens of Native Vegetation; b) Detailed information on the upkeep of the plantings; and City council meeting of September 9, 2024 (Item No. 5d) Page 5 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation c) Details of any long-term maintenance required for the Native Vegetation. (c) Revocation. The City Manager or designee may regularly inspect any property holding a Native Vegetation Permit for compliance with the Maintenance Plan on file with the City for the property. If any property is not in compliance with the Maintenance Pl an, the permitee may be notified and ordered to bring the property into compliance with the approved permit within thirty (30) days. If the permitee falls to comply with the order, the City Manager or designee may: (1) Revoke the Native Vegetation Permit; (2) Remove all improperly maintained Native Vegetation; (3) Declare the property ineligible for a Native Vegetation Permit, unless sold, for a period of two (2) years; and (4) Assess the property for all costs associated with inspection of the property and any removal of improperly maintained Native Vegetation in accordance with Minnesota Statutes § 429.101. Section 11. Definitions. Section 36-4 of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. Diameter at breast standard height (DBH) (dsh) means the diameter of a tree measured at a height of 4 1/2 feet from the ground level. Heritage tree means a healthy deciduous tree measuring 30 inches or greater in diameter at standard height (dsh) or a healthy coniferous tree measuring 25 inches or greater in dsh. Significant tree means any healthy 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 diameter inches for deciduous trees and six caliper diameter inches for conifers. Aspen, boxelder, cottonwood, or silver maple are considered significant if they are at least 12 inches in diameter at 4.5 feet from the ground. Section 12. Restrictions for tree removal; standards for replacement. Section 36- 364(j)(2) of the St. Louis Park City Code is hereby amended to delete the struck-out language and to add the following underlined text. (2) Private land. This subsection shall not apply to trees removed from existing lots developed with single-family or two-family dwellings. If any existing lot of record is subsequently subdivided, tree replacement shall be required for all of the new resulting lots or parcels. a. No significant tree shall be cut down, destroyed, or removed from any property unless it is authorized by a permit issued by the city in a manner provided by this section. a. Any person proposing a land disturbing activity shall apply to the city for, and receive approval of, a tree protection permit. No land shall be disturbed until the plan is approved by the City and conforms to the standards set forth herein. City council meeting of September 9, 2024 (Item No. 5d) Page 6 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation b. No land shall be altered which will result in the removal or destruction of any significant tree unless the destruction is authorized by a permit issued by the city. The application for a tree protection such permit shall include the following: 1. The name, address, and phone number of the person applying for the permit. 2. The name and address of the property owner. 3. A tree inventory of the site certified by a registered land surveyor, landscape architect, or forester which identifies the size, species, condition, and locations on the land of all existing significant and heritage trees on the property. In addition, this inventory shall identify all significant and heritage trees which will be cut down, removed, or lost due to grading or other damage. The tree inventory shall be verified by the city forester. 4. Where the tree removal involves the proposed changes include land alteration, a grading plan which identifies the following: i. A minimum scale of one inch equals 50 feet. ii. All existing and proposed contours at two (2) foot intervals. iii. Location of all existing and proposed structures. iv. Any grade change or land alteration, whether temporary or permanent, of greater than one foot measured vertically, affecting 30 percent (as measured on a horizontal plane) or more of a tree's root zone. v. Utility construction which may result in the cutting of 30 percent or more of a tree's roots within the root zone. vi. Any areas where soil compaction is planned to a depth of six inches or more, or of 30 percent or more of the surface of the soil within a root zone. 5. A plan for the protection of trees intended to be saved shall adhere to tree protection methods and locations as outlined in section (k) Tree Protection of this chapter. 6. A statement of the proposed use of the land including a description of the type of building or structure existing or proposed to be constructed on the site. 7. The number, type and size of trees required to be replaced by this section. 8. The proposed locations of the replacement trees. c. Allowable tree removal. 1. Up to twenty (20) percent of the diameter inches of significant trees on any parcel may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than twenty (20) percent of the total significant tree diameter inches. City council meeting of September 9, 2024 (Item No. 5d) Page 7 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation 2. Replacement according to the tree replacement schedule is required for removal of all heritage tree diameter inches. 3. Diseased, dead, or structurally unsound trees are exempt from the provision of this section. The City Forester will make the final determination of whether a tree is diseased, dead or structurally unsound. d. Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: 1. Significant trees shall be replaced with new trees at a rate of one and one half (1.5) caliper inch replaced for every one (1) diameter inch removed. 2. Heritage trees shall be replaced with new trees at a rate of two (2) caliper inches replaced for every one (1) diameter inch removed. e. Heritage tree preservation credits. A credit may be applied to the required tree replacement if a healthy, heritage tree is preserved on a site. The tree must be approved by the city as a quality tree worth saving. The credit will be applied at a rate of one (1) caliper inch for every one (1) heritage tree diameter inch preserved, up to fifty percent (50%) of the required replacement. If a heritage tree for which credit is provided does not survive one year after construction, the developer will be requi red to pay the fee-in-lieu. f. c. Approval of a permit for the rRemoval of any significant or heritage tree or approval of a permit for land alteration which results in tree destruction shall be subject to and conditioned upon the owner or developer replacing the loss or reasonably anticipated loss of all live significant and heritage trees. The amount of trees to be provided in replacement shall be determined by the following formula: 1. Significant trees ((A/B)-0.20) x C 1.5 x A = D C A = Total diameter inches of significant trees lost as a result of land alteration or removal. B = Total diameter inches of significant trees situated on the land. C = Tree replacement constant (1.5). D C = Replacement trees (number of caliper inches). 2. Heritage trees A x 2 - (B - A) = C A = Total diameter inches of heritage trees lost as a result of land alteration or removal. B = Total diameter inches of heritage trees situated on the land. C = Replacement trees (number of caliper inches) City council meeting of September 9, 2024 (Item No. 5d) Page 8 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation g. Protected tree replacement fee. If a significant or heritage tree that was identified for preservation and received replacement credit or zoning ordinance consideration is removed or damaged during construction, the developer will be required to pay to the city a cash mitigation. The fee is based on the diameter inches of the tree(s) damaged or removed. The fee per diameter inch is set forth in the city’s fee schedule as the cash in lieu of replacement trees fee. h. d. Location of replacement trees. 1. Priority shall be given to locate replacement trees on any part of the parcel where screening is required. 2. If there is insufficient area within the project to plant the required replacement trees, they may be planted within any park, open space, or boulevard within the city as determined by the city provided the city consents in writing. The city may also elect to receive cash in lieu of trees based on a fee per caliper inch determined by the city council. i. e. Replacement trees shall be of a species similar to the trees which are lost or removed but shall be limited to one of those species shown on the City of St. Louis Park’s Landscape Tree List, as provided by the City. No more than 50 percent of the caliper inches of the replacement trees shall be understory trees. Section 13. Tree protection. Section 36-364(k) of the St. Louis Park City Code is hereby amended to add the following underlined text. (7) Other proposed methods of tree protection may be acceptable if approved by City Forester. Section 14. This ordinance shall take effect on January 1, 2025. Reviewed for administration: Adopted by the city council September 9, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading August 19, 2024 Second reading September 9, 2024 Date of publication September 19, 2024 Date ordinance takes effect January 1, 2025 City council meeting of September 9, 2024 (Item No. 5d) Page 9 Title: Second reading and adoption of ordinance amending city code chapters 34 and 36 regarding tree preservation SUMMARY FOR PUBLICATION Ordinance No. ___-24 Ordinance amending Chapter 34. Vegetation, Chapter 36, Article I, Section 36-4. Definitions, Chapter 36, Article V, Section 36-364(j). Restrictions for tree removal; standards for replacement and Chapter 36, Article V, Section 36-364(k). Tree protection. The ordinance amends the existing tree preservation requirements in the zoning code to include a definition of heritage trees, establish removal restrictions and replacement requirements for heritage trees, and offer heritage tree preservation credits toward tree replacement requirements. The ordinance also adds tree protection permit language to the city code and incorporates routine vegetation code updates to clarify the circumstances that require a permit versus written permission and to reflect regulatory changes related to native landscaping as outlined in Minnesota State Statute 412.925. The ordinance shall take effect on January 1, 2025. Adopted by the city council September 9, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the city clerk. Published in the St. Louis Park Sun Sailor: September 19, 2024 Meeting: City council Meeting date: September 9, 2024 Consent agenda item: 5e Executive summary Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection -Ward 2 Recommended action: Approve the resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail Connection. Policy consideration: Does the city support the Minnehaha Creek Greenway to Cedar Trail connection and partnering with Minnehaha Creek Watershed District to advance the project into final design? Summary: Minnehaha Creek Watershed District (MCWD) completed feasibility design of a trail that connects Meadowbrook Road to the Cedar Lake Regional Trail in 2023 and applied for funding from Hennepin County's Transit Orientated Development grant program. MCWD was awarded a $200,000 grant to fund a portion of the trail connection. MCWD is prepared to begin final design and requires consent of the city before they can formally order the project. Ordering the project allows MCWD to expend funds to begin final project design and to conduct public engagement with the intent to construct the trail in 2025. This trail segment is a continuation of the trail and boardwalk system located along the creek east of Meadowbrook Road and will connect to the Cedar Lake Regional Trail. This trail was first identified during the Metropolitan Council's preliminary design of Southwest Light Rail and the station area planning by Hennepin County Community Works over a decade ago. This trail connection is now feasible due to the reconstruction of the freight, light rail and regional trail bridges that span Minnehaha Creek with the Green Line Extension LRT project. The bridges were widened to allow enough space for a trail to pass under the railroad right of way adjacent to the creek. Financial or budget considerations: The total cost estimate for the project is $800,000. The costs are proposed to be shared 50/50. Additional information on the funding can be found in the discussion section of the report. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Resolution Location map Prepared by: Jack Sullivan, engineering project manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 5e) Page 2 Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection -Ward 2 Discussion Background: The Minnehaha Creek Greenway to Cedar Trail connection was first identified as part of the SWLRT Community Works station area planning that began in 2009. The idea was advanced during the preliminary design of the SWLRT. At that time, the city and watershed advocated for widening the abutments for the bridges that span Minnehaha Creek at this location to provide enough space for a trail adjacent to the creek. There were efforts to include this as a locally requested capital improvement as part of the final design of the SWLRT. However, no action was taken by the watershed or the city to include it in the final project. The city did add this trail segment to the Connect the Park implementation plan. All three bridges (freight rail, light rail and regional trail) have been reconstructed with additional width for the trail and most of the light rail work at this location is now complete. MCWD completed the preliminary design work for creek restoration, a trail connection in Hopkins and this trail connection. The MCWD and the City of St. Louis Park have collaborated on trail projects adjacent to Minnehaha Creek in the past. The system of asphalt and boardwalk trails, which follows the creek between Louisiana Avenue and Meadowbrook Road near the Municipal Service Center, was built in 2014. This project will extend that existing trail system and connect the Cedar Lake Regional Trail to Louisiana Avenue near Methodist Hospital. The preliminary design and discussion on funding sources have been brought to council on two previous occasions: • Staff brought the preliminary design to council in a study session report on April 10, 2023. At that time MCWD had completed a feasibility report and was applying for funding from Hennepin County's Transit Orientated Development grant program for this trail connection. • Staff shared a study session report on April 24, 2024 that provided the city council with an overview of engineering projects that were not included in the 10-year Capital Improvement Plan (CIP). The MCWD was awarded a $200,000 grant to help fund a portion of the trail connection. With funding received, MCWD placed the project in their 2025-2029 Capital Improvement Plan with the intent to construct the project in 2025. Council was supportive of moving the project into the city's draft 2025-2029 CIP. Present considerations: MCWD is prepared to begin final design and requires consent of the city before they can formally order the project. The MCWD requires a resolution of support from the city to order the project to: • expend funds to begin final design for the project • conduct public engagement with the intent to construct the trail in 2025 This resolution of support does not approve a final project or commit the city to provide funding. However, the resolution does indicate the city's intent to partner on the project, utilize city-owned parcels for portions of the trail and provide half the cost of the trail construction. Project agreements are expected to be brought to council in early 2025 that formalize project responsibilities and cost participation. City council meeting of September 9, 2024 (Item No. 5e) Page 3 Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection -Ward 2 The resolution and follow-up agreement are structured to acknowledge that the city's current CIP has this project identified in 2035 and that it would be moved forward into the 2025-2029 CIP upon approval in late 2024. Financial considerations: The total cost estimate for the project is $800,000. The costs are proposed to be shared 50/50 between the MCWD and the city. The city has identified general obligation bonds to fund this project. Grant funds from Hennepin County will help to reduce the overall project cost. This trail connection is in the city's Capital Improvement Plan (CIP) for construction in 2035 due to uncertainty of when the trail was anticipated to be built. MCWD is now ready to proceed with final design and is requesting the city move trail construction up in our CIP for construction in 2025. The city's draft 2025 CIP has this trail scheduled for 2025. The following table summarizes the anticipated cost share for this project. Funding source Amount Hennepin County grant $200,000 MCWD $300,000 City of St. Louis Park $300,000 Total $800,000 Next steps: Staff will bring to council the project agreements for final funding and maintenance obligations to after the final adoption of the 2025-2029 CIP. City council meeting of September 9, 2024 (Item No. 5e) Page 4 Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection -Ward 2 Resolution No. 24 - ____ Supporting Minnehaha Creek Watershed District’s Greenway to Cedar Trail connection and streambank restoration project Whereas, the Minnehaha Creek Watershed District (MCWD) and the City of St. Louis Park have enjoyed a sustained and strategic partnership to protect, restore and enhance Minnehaha Creek; and Whereas, the MCWD and City of St. Louis Park's partnership has managed regional stormwater runoff, expanded and enhanced riparian greenspace, provided vital community connections, and facilitated economic development around the Minnehaha Creek Greenway; and Whereas, the MCWD and the City of St. Louis Park are committed to continuing the Minnehaha Creek Greenway partnership through the integration of municipal and water resource planning; and Whereas, the MCWD, in its 2017 Watershed Management Plan, has identified the Greenway to Cedar Trail Connection and Streambank Restoration (the Project) as a key bicycle and pedestrian connection from the Minnehaha Creek Preserve to the Cedar Lake LRT Regional Trail and future Greenline Extension light rail stations, and an opportunity to stabilize the stream channel and enhance the ecology of Minnehaha Creek in a historically manipulated stretch; and Whereas, the City of St. Louis Park finds the Project to be consistent with its Comprehensive Plan goals and has identified this connection between the Minnehaha Creek Preserve and the Cedar Lake LRT Regional Trail as a priority trail connection in its Connect the Park implementation plan; and Whereas, the proposed location of the Project includes certain real property owned by the City of St. Louis Park; and Whereas, the MCWD and the City of St. Louis Park agree to cooperate on the construction of the project and share design and construction costs; and Whereas, Hennepin County has awarded the MCWD a $200,000 grant through the County's Southwest Community Works Program to fund a portion of the Project's trail construction; and Whereas, the MCWD has included the Project in its 2025-2029 Capital Improvement Plan; and City council meeting of September 9, 2024 (Item No. 5e) Page 5 Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection -Ward 2 Whereas, the MCWD contracted with Stantec Inc. to conduct a feasibility study, completed in May 2023, that demonstrated a viable trail alignment and streambank stabilization opportunities; and Whereas, the MCWD needs the consent of the City of St. Louis Park to formally order the project, initiate project design, conduit public engagement and construct the project, Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the city shares the vision for and supports the Greenway to Cedar Trail Connection and Streambank Restoration project as proposed in the 2023 feasibility study and authorizes the MCWD to access city-owned land within the project area to perform surveys and investigations for the purpose of project design; Be it further resolved that, as city budget and funding allow, the city intends to contribute half the cost of the trail construction; to allocate funds through the 2025-2029 Capital Improvement Plan (CIP) for this purpose, following final approval of the 2025-2029 CIP; and to allow construction of the Project on the City-owned parcels identified in the feasibility study; Be it finally resolved that the city intends to enter into the necessary project agreements with the MCWD upon final adoption of the 2025-2029 CIP; and that city staff are authorized to work with MCWD staff to develop such project agreements, easements, and other documents to memorialize final funding and maintenance obligations; and allow the MCWD to construct the project on the relevant city-owned parcels. Reviewed for administration: Adopted by the city council September 9, 2024: Kim Keller, city manager Nadia Mohamed, mayor Attest: Melissa Kennedy, city clerk 325 Blake Stormwater & Greenway 325 Blake Rd N Gateway to Greenway Trailhead Minnehaha Creek Preserve & Boardwalk Minnehaha Creek Greenway Blake Road Station Proposed Greenway to Cedar Lake Regional Trail Connection 1 7 612 612 615 615667 49049317 Louisiana Ave Station Legend 325 Blake Road Stormwater & Greenway Proposed Greenway to Cedar Lake Regional Trail Connection Transit Route Transit Stop Southwest LRT Southwest LRT Station Regional Trail Trail / Bikeway 0 1,000250 ¯ 500 Feet 325 Blake Road / Greenway to Cedar Trail TOD Grant Application Attachment 1: Transit Map City council meeting of September 9, 2024 (Item No. 5e) Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection - Ward 2 Page 6 4 Figure 1: Existing conditions of the assessed reach. City council meeting of September 9, 2024 (Item No. 5e) Title: Resolution of support for Minnehaha Creek Watershed District's Greenway to Cedar Trail connection - Ward 2 Page 7 Meeting: City council Meeting date: September 9, 2024 Public hearing: 6a Executive summary Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 Recommended action: • Open public hearing, take public testimony and close public hearing. • The council will be asked to act on this project at its Sept. 16 meeting. Policy consideration: Does the city council support MnDOT's proposed work on I-394 and Louisiana Avenue? Summary: In 2025, MnDOT has improvements proposed for I-394 and Louisiana Ave., including: • I-394 eastbound land extension. To build this project, they require the permanent dedication of a portion of the city right of way on Wayzata Blvd. to MnDOT. • Eastbound auxiliary lane construction (between Louisiana Ave. exit ramp and Xenia Ave./Park Place Blvd. exit). • Replace I-394 and Louisiana Ave. north and south ramp signal systems. • Remove channelized right turns at the I-394 and Louisiana Ave. north and south ramp intersections. • Relocate city watermain on Wayzata Blvd. between 500 feet west of Dakota Ave. and Dakota Ave. The city's approval is required for this project because it increases highway traffic capacity on I- 394 and requires acquisition of permanent rights in two areas along Wayzata Blvd., a city- owned street. At the meeting, MnDOT staff will present the project details to the city council. Financial or budget considerations: This project is included in the city's draft 2025 capital improvement plan (CIP). This is a MnDOT project with an overall cost estimated to be $3.65 million. The city's cost share is $250,000, which will be paid for using municipal state aid funds. Additional information on the breakdown of the funding can be found later in this report. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Layout Public comments Prepared by: Debra Heiser, engineering director Reviewed by: Aaron Wiesen, engineering project manager Approved by: Kim Keller, city manager City council meeting of September 9, 2024 (Item No. 6a) Page 2 Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 Discussion Background: In 2025, MnDOT has improvements proposed for I-394 and Louisiana Ave. The city's approval is required for this project because it increases highway traffic capacity on I-394 and requires acquisition of permanent rights in two areas along Wayzata Blvd., a city-owned street. In addition to the expansion of the highway capacity, this project also includes the reconstruction of the signal at the eastbound I-394 and Louisiana Ave. ramps. Operation, maintenance and replacement of this signal is covered by an agreement with MnDOT. As laid out in the agreement, the city is obligated to participate in signal replacement costs based on the number of legs of the signal under our jurisdiction. Due to this, the city is obligated to pay for half of the cost to replace this signal system. Project scope: • Construct an extension of a general-purpose lane on eastbound I-394 from the Louisiana Ave. exit ramp to the Louisiana Ave. entrance ramp onto eastbound I-394. The 2016 congestion report shows that this segment of eastbound I-394 experiences 2-3 hours of congestion in the AM peak period. The I-394 eastbound lane drop at Louisiana Ave. creates a bottleneck because the volume of traffic exiting at Louisiana Ave. represents less than a full lane, therefore forcing traffic that is continuing eastbound to merge into the next travel lane. Continuing the general-purpose lane under the Louisiana Ave. bridge will allow traffic to continue to a higher volume before they exit at either Park Place/Xenia Avenue or Highway 100. Modeling shows that connecting the lane will reduce delays on the segment of eastbound I-394 between Highway 169 and Highway 100. This also would improve operations of the eastbound EZPass lane. The lane extension will create continuity of the outside lane through the interchange area at Louisiana Ave. The lane includes a 10-foot outside shoulder for maintenance, breakdowns and snow storage. This work will require relocating the outside curb line, reconstructing storm sewer infrastructure, grading, paving, adjustments to existing signage, relocating fiber optic cables, constructing retaining walls and the removal of the HOV bypass lane at the Louisiana Avenue entrance ramp to eastbound I-394. • Construct a new auxiliary lane from the Louisiana Avenue entrance ramp onto eastbound I-394 to the Xenia Ave./Park Place Blvd. exit ramp. This auxiliary lane includes an 8-foot outside shoulder. Adding the lane will require the outside curb line to be relocated throughout the project. Retaining wall and slope paving work will be required near this entrance ramp. • Replacement of the two signal systems at the north and south intersections of I-394 ramps and Louisiana Ave. The traffic signals have exceeded their 30-year service life, having been installed on Aug. 2, 1991. The new signal systems will comply with current design standards. A new pedestrian crossing will be installed on the south approach at the south signal. ADA- compliant curb ramps will be included as part of the signal replacements. City council meeting of September 9, 2024 (Item No. 6a) Page 3 Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 • Removal of the channelized right turns at the north and south intersections of the I-394 ramps and Louisiana Ave. This will include providing a dedicated northbound right-turn lane at the south ramp and a shared southbound through-right lane at the north ramp. Channelized right turns are known to be a poor design when pedestrians and bicycles are present. This is a proactive project to reduce conflicts. • Extension of the inside through lane at the I-394 and Louisiana Ave. south ramp (this lane turns into the left turn lane at the north ramp) and extension of the southbound left turn lane at Louisiana Ave. and Wayzata Blvd. This is to alleviate backups that occur when turning vehicles back up into the through lanes at these locations. • Sidewalk improvements. Some of the existing sidewalks along the corridor are aging, in poor condition and not ADA-compliant. As a result, the corridor will be updated to meet ADA requirements. Impacts to city infrastructure: As described above, the project will construct a new auxiliary lane from the Louisiana Ave. entrance ramp onto eastbound I-394 to the Xenia Ave./ Park Place Blvd. exit. Adding the lane will require the outside curb line to be relocated throughout the project and the reconstruction of the retaining wall along the south side of I-394. Right of way transfer There are two locations where the new retaining will be moved south and located on city- owned right of way for Wayzata Boulevard. At these locations, the state needs to acquire permanent rights to the city right of way. Watermain relocation/ street width reduction The new wall location conflicts with the existing city watermain in the vicinity of Dakota Ave. Due to this, MnDOT will pay to relocate the city watermain on Wayzata Blvd. between 500 feet west of Dakota Ave. and Dakota Ave. Also, at this location, in order to make room for the auxiliary lane, MnDOT will be reducing the width of Wayzata Blvd. to 30 feet. Cedar Lake Rd./ Louisiana Ave. reconstruction project (Phase 2) In 2025, the city is planning on reconstructing Louisiana Avenue between Wayzata Blvd. and Fire Station #2, followed by the reconstruction of Cedar Lake Rd. between Rhode Island and Kentucky avenues in 2026. Staff has been working closely with MnDOT to coordinate their project with the city's work on Louisiana Ave. Financial or budget considerations: This is a MnDOT project with an overall cost estimated to be $3.65 million. The city's cost share is $250,000. The city's draft 2025 CIP has this project scheduled for 2025. The following table provides a summary for the city's cost. City council meeting of September 9, 2024 (Item No. 6a) Page 4 Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 CIP St. Louis Park cost share $250,000 Total $250,000 Funding Sources Pavement management $250,000 Total $250,000 Next steps: The proposed schedule for the project. Council public hearing Sept. 9, 2024 Council project approval Sept. 16, 2024 Construction Summer 2025 City council meeting of September 9, 2024 (Item No. 6a) Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) - Ward 4 Page 5 From:Brandon Eddy To:Debra Heiser Subject:394/Louisana project Date:Wednesday, September 4, 2024 2:36:31 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Debra, I have a comment on the 394/Louisiana project. Once again, Saint Louis Park is not upholding its own "Connect the Park" initiative. This project fails to address safe cycling across Louisiana and 394. Cyclists are left with two poor options: either take the poorly maintained sidewalk to the walking bridge near Taco Bell/Menards, or navigate the busy frontage road to reach the other walking bridge. Park Place is nearly impassable for cyclists, and the only decent crossing is at Winnetka. If SLP is truly committed to "Connect the Park," projects like this need to prioritize cycling, walking, and wheelchair accessibility right from the start. As a cyclist, I can confidently say that anyone who claims the walking bridges are adequate for cyclists clearly hasn't ridden around town enough. We want to cross Louisiana safely, alongside other vehicles, not be relegated to narrow, inconvenient pedestrian bridges. If this plan doesn't change, cyclists will be forced to use the middle lanes, and we'll continue to face dangerous encounters with motorists. Thank you, Brandon City council meeting of September 9, 2024 (Item No. 6a) Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 Page 6 From:Sylvie Hyman To:Debra Heiser Cc:sPk Subject:Comments on public engagement for 394 Louisiana Ave "Improvements" Date:Wednesday, September 4, 2024 12:58:12 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Debra, Please see my comments below on the 394/Louisiana Project. I unfortunately will not be able to make it to the public hearing, but I will try to make it to the Council's vote on the 16th. 1.Email notification explains that changes are “improvements”. This predisposes recipients to believe that these changes are not going to do irreparable harm to the community. 2.Design plan document states that the project is being motivated by congestion data from 2016 (8 years ago). Is this data still accurate today (in 2024)? 3.Why is the speed limit (60mph) lower than the design speed (70mph) on 394? Shouldn’t roads be designed to communicate what speed is safe to drivers without a speed limit sign? 4.MnDot is a proven poor steward of land that has little interest in safety for anyone outside of a motor vehicle. Surrendering any city right of way to MnDOT is irresponsible (see this paper on Car Harm for more information on why giving up city land for the sole use of motor vehicles is reckless endangerment of the constituents. https://www.sciencedirect.com/science/article/pii/S0966692324000267? ref=pdf_download&fr=RR-2&rr=8bdfc50f9c4951af ) 5.Project proposal is unclear to laypersons without experience evaluating highway proposal projects. 6.Community engagement consisting of one email with a public hearing 1 week after is insufficient for a project capable of enhancing or perpetuating the type of harm that 394 does. I request that the Saint Louis Park City Council reject MnDot’s proposal until they have conductedadequate public engagement (primarily focused including voices from the local community that ismost harmed by the highway). Best regards, Sylvie Hyman and Steven Kenny 9200 W 28th St. Saint Louis Park, MN 55426 City council meeting of September 9, 2024 (Item No. 6a) Title: MnDOT I-394 and Louisiana Ave. improvements project (4025-8000) – Ward 4 Page 7 Meeting: Study session Meeting date: September 9, 2024 Discussion item: 1 Executive summary Title: Housing and community development system kick-off Recommended action: None. The purpose of this report is to provide an overview and framework of the planned discussions in the study sessions included in the housing and neighborhood-oriented development system. Policy consideration: Throughout the discussions in this system, the council will be asked specific policy questions relating to the topic discussed. Additionally, during these discussions staff would like council to reflect on the following question (not to be answered at this study session): Do the current housing and neighborhood-oriented development policies meet the desired goal/outcome to continue to provide a broad range of housing and neighborhood -oriented development and advance diversity, equity, and inclusion? Summary: Over the coming weeks, the city council will hold a series of discussions and staff will provide information regarding the city council’s strategic priority of housing and neighborhood- oriented development. Some of these are council-directed and others are staff initiated. Additionally, there will be several written reports to provide contex t, information, and updates to current activities, programs, and policies. This report serves as grounding for all the discussions and includes a broad overview of activity and frameworks used when considering housing and neighborhood-oriented development. The foundation for staff to develop projects and implement programs are the plans and policies approved by the city council. To kick off the discussion of this system, staff prepared an overview of our housing and neighborhood - oriented development planning and a summary of the guiding documents for refer ence. Financial or budget considerations: Funds are budgeted in the 2025 community development budgets for a variety of programs related to supporting housing and neighborhood -oriented development. Should the council desire a change in work surrounding housing and neighborhood-oriented development, additional resources may be required. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion Prepared by: Karen Barton, community development director Approved by: Kim Keller, city manager Study session meeting of September 9, 2024 (Item No. 1) Page 2 Title: Housing and community development system kick-off Discussion Background: In 2018, the city council adopted five strategic priorities based on information gathered during the 2016-2017 Vision 3.0 community engagement process. During the city’s visioning process, “developing creative housing solutions” was identified as one of five specific vision areas for the community. Strategic priorities were developed from this visioning process and the city adopted the following strategic priority: “St. Louis Park is committed to providing a broad range of housing and neighborhood-oriented development.” Sub-bullets further delineating this strategic priority include: • Providing more diverse and creative housing choices to meet the needs of current and future residents while preserving existing affordable housing. • Fostering and facilitating reinvestment and redevelopment of neighborhood-oriented businesses and services. • Promoting locally owned small business, especially in indigenous, immigrant, and communities of color. • Conducting research to further understand what people want and need access to in the community, i.e., food, services, housing options, business opportunities, gathering spaces. Staff continues to address all the sub-bullets noted above through various programs and policies. The city’s vision for land use and development is focused on creating livable neighborhoods with a variety of housing choices and access to neighborhood-oriented businesses, services, recreation and gathering spaces. Stable housing and economic opportunities are essential to the health, safety, and welfare of St. Louis Park residents. Many households face barriers to secure, stable housing in the rental market and in affordable homeownership opportunities, while many s mall businesses struggle to find affordable commercial space. The city’s housing and economic development programs and policies, planning and zoning are designed to address these issues and concerns and to support the city council’s strategic priorities. Housing and small business assistance programs: Each year, the city budgets millions of dollars in support of the city’s small business and of the city’s housing goals to promote and facilitate a balanced and enduring housing stock that offers a continuum of diverse lifecycle housing choices for households in all income levels including affordable housing . The city has implemented a number of programs to create affordable housing, support the preservation of naturally occurring affordable housing (NOAH), facilitate homeownership and wealth building, enact tenant protection policies, and aid local businesses and entrepreneurs. Staff monitor s and regularly reviews the effectiveness of these programs and policies in relation to the city’s strategic priorities and current needs of the community, making changes and creating new programs and policies as needed. Study session meeting of September 9, 2024 (Item No. 1) Page 3 Title: Housing and community development system kick-off Planning and zoning: The division coordinates the city’s long-range planning efforts, zoning administration and development review. The city’s comprehensive plan sets goals, policies and strategies related to the built and natural environment and impact quality of life. The division’s work typically focuses on land use planning and administering zoning and subdivision codes used to implement city policy. Together these tools help shape the built environment and public realm in the city and the infrastructure supporting the community. Land use regulations can impact availability of housing, goods and services and employment. Land use also impacts the environment, including air and water quality and the climate. Affordable housing goals: As part of the decennial comprehensive plan update, the Metropolitan Council provides affordable housing goals for the city over the upcoming 10-year period. The city incorporates these goals into its planning efforts to facilitate achieving and/or exceeding those goals. The Metropolitan Council affordable housing goal for St. Louis Park between 2021 and 2030 is a total of 326 units broken down by 30%, 50% and 80% AMI. The chart below shows the number of affordable units completed and under construction since 2021: Area median income Met Council goal Completed Under Construction Total completed and under construction compared to Met Council AMI goals 30% AMI 169 (30% AMI and below) 24 16 40 40% AMI N/A 22 0 N/A 50% AMI 98 (31%-50% AMI) 185 27 234*^ 60% AMI N/A 241 17 N/A 80% AMI 59 (51%-80% AMI) 0 0 258*~ Total 326 472 60 532* *Goal met ^Includes 50% and 40% AMI units; Met Council’s goal includes units between 31% and 50% AMI ~Includes both 80% and 60% AMI units; Met Council’s goal includes units between 51% and 80% AMI The adoption and implementation of the city’s inclusionary housing policy, affordable housing trust fund, and use of tax increment financing have led directly to the success of exceeding the Met Council’s goals for the creation of affordable housing at 80% and 50% area median income, as well as the creation of units affordable at 60% AMI and 40% AMI. 30% AMI continues to be a challenge to facilitate due to the extensive subsidies needed to create this level of affordability. To achieve the Met Council’s goals for 30% AMI housing in St. Louis Park, we will need to develop an average of 21.5 units per year affordable at 30% AMI between now and 2030. This will be a priority for staff despite the continuing challenges. It should also be noted that an effective means to provide housing at or below 30% AMI is using housing assistance vouchers, such as Section 8/Housing Choice Vouchers. The housing authority is currently administering 382 housing choice vouchers. The Housing Authority has added 83 Study session meeting of September 9, 2024 (Item No. 1) Page 4 Title: Housing and community development system kick-off vouchers since 2020. Additionally, the State of Minnesota has provided funding for Bring it Home, a state level rental assistance program that will add additional affordable housing in St. Louis Park and throughout Minnesota. Minnesota Housing anticipates the request for proposal for Bring it Home to open late 2024 or early 2025. The Housing Authority will submit a proposal for the full allocation offered by the state for our jurisdiction, currently estimated to be 42 to 57 vouchers. These vouchers can be used in new construction affordable units at or below 50% AMI, as well as NOAH units that meet rent limits for the program. Staff created and maintains a multi-family housing dashboard to provide current data on the city’s progress towards achieving these goals. The Metropolitan Council does not count units toward the goal until they are complete. As noted, units at 30% AMI continue to be the most difficult to create and are also the most needed. Additionally, staff created and maintains a development dashboard that provides detailed information about the city’s developments over the past 20 years. Diversity, equity, and inclusion: Throughout these discussions, the council will be asked to view any policy direction through a diversity, equity, and inclusion lens. It is important to challenge our traditional way of thinking to allow for greater opportunity to embrace and incorporate diversity, promote equity and foster inclusion. Guiding documents: Linked are several existing city policies, plans, reports and studies that are used in developing housing and neighborhood-oriented development projects, responding to requests from the public and identifying funding needs. A summary of these policies , plans, reports and studies, along with when they were approved, is below: 1. St. Louis Park 2040 comprehensive plan – including Chapter 5 A Livable Community – 2018 St. Louis Park’s land use and development is guided by its vision of creating and maintaining a very livable community. As a result of Vision 3.0, one of the city’s five Strategic Priorities states, “St. Louis Park is committed to providing a broad range of housing and neighborhood-oriented development.” The city’s vision for land use and development is focused on creating livable neighborhoods with a variety of housing choices and access to neighborhood-oriented businesses, services, recreation and gathering spaces. The community’s ten livable community principles embrace the best design practices from the past and the present for creating a complete and connected community that integrates housing, schools, shops, workplaces, parks, and civic facilities essential to the daily life of the community. St. Louis Park’s livable community principles consist of: 1. Walkable, mixed-use neighborhoods 2. Life-cycle housing choices 3. Higher density, mixed-use development 4. Human scale development 5. Transit-oriented development 6. Multi-modal streets and pathways Study session meeting of September 9, 2024 (Item No. 1) Page 5 Title: Housing and community development system kick-off 7. Preserved and enhanced natural environment 8. Attractive and convenient public gathering places 9. Public art, heritage, and culture 10. Unique community and neighborhood identity The comprehensive plan has a 20-year time horizon and is updated every 10 years; the next update must be completed by 2028. This major community engagement and planning effort usually takes two to three years and since 1995 has been preceded by a community visioning process to identify and define communitywide values and priorities. The most recent Vision 3.0 also assessed emerging trends relevant to the city and its future. The city is currently embarking on its Vision 4.0 process, with the goal of completing the visioning by the end of 2026. When this updated visioning process is complete, the information gathered will be used to inform updated strategic priorities for the city as a whole. 2. Inclusionary housing policy – 2023 The city adopted the inclusionary housing policy in June 2015 and it has been amended several times in the past nine years to meet community needs, provide clarity, and address unintended consequences. The policy requires market rate multi-family residential developers receiving financial assistance from the city, requesting zoning changes using a planned unit development (PUD) or requesting a land use amendment to the comprehensive plan to increase residential density to include a percentage of affordable units in the development. Staff propose minor modifications to the policy for clarity and ease of use. 3. Affordable housing trust fund policy and use guide – 2018 In 2018 the city established an affordable housing trust fund (AHTF). Housing trust funds are distinct funds established by city, county or state governments that receive ongoing dedicated sources of public funding to support the preservation and production of affordable housing. In 2020, the city received special approval from the State Legislature to allow the city to deposit pooled tax increment for affordable housing into the AHTF. This allows greater flexibility in the use of the pooled tax increment financing (TIF) for owners hip opportunities and more deeply affordable housing preservation and production. The city was required to submit a report to the legislature in early 2024 and again at the end of 2026, when the special legislation is set to expire. 4. Tax increment financing policy – 2021 The city’s tax increment financing (TIF) policy was first adopted in 1997. The economic development authority/city council most recently approved an updated TIF policy in late 2021. The purpose of this policy is to establish the city's position relating to the use of TIF for private development. The policy is used as a guide in processing and reviewing applications requesting TIF assistance. The fundamental purpose of TIF in St. Louis Park Study session meeting of September 9, 2024 (Item No. 1) Page 6 Title: Housing and community development system kick-off is to promote desirable development that advances the city’s strategic priorities and interests that would not otherwise occur without the TIF assistance. The city council will be provided with a basics refresher of tax increment financing during the system. 5. Diversity, equity, and inclusion policy – 2022 The city adopted a diversity, equity, and inclusion policy in late 2022. It applies to all development projects receiving tax increment financing assistance. The policy promotes the inclusion of under-represented person and businesses in development projects receiving public financing through the Economic Development Authority and City of St. Louis Park. The goal of this policy is to address disparities and to promote inclusive and equitable opportunities for women and BIPOC/AAPI individuals and businesses to build wealth. Since the policy’s inception, the council has been provided with quarterly reports detailing achievements and outcomes. 6. Housing activity report – 2023 The annual report provides information on the city’s housing programs, new initiatives, updates, historical trends and data on city and federally funded housing programs and activities that advance the city’s housing goals. 7. Housing market study – 2023 The city regularly contracts to have a comprehensive housing study conducted that provides detailed information about the city’s current housing stock, demographics, and anticipated future needs. This study is a valuable resource to help effectively guide the city’s efforts to meet the housing needs of the city’s current and future residents. Staff engaged Maxfield Research to update the city’s housing study in 2023. Present considerations: The topics listed below are scheduled to be brought before council over the next two months. They all center on housing and neighborhood-oriented development and offer opportunities to consider how these activities support the housing and neighborhood-oriented development strategic priority, as well as other city council strategic priorities. These topics will examine current activities, programs, and policies and offer opportunities, identified by both council and staff, for expansion or adjustment where applicable. Next steps: Throughout the discussions in this system, council will be asked to provide policy direction that will shape the housing and neighborhood-oriented development strategy in the city. The dates outlined in the following table are tentative and dependent on d iscussion outcomes from prior study sessions. Study session meeting of September 9, 2024 (Item No. 1) Page 7 Title: Housing and community development system kick-off Housing and neighborhood -oriented development system schedule Topic Date Description Housing and neighborhood- oriented development system kick-off - introduction 9/9/2024 Provide a high-level overview of system discussion. Community Development Year in Review - presentation 9/9/2024 Presentation providing a high-level overview of community development outcomes relating to the city’s strategic priorities in the preceding year. Zoning Code Updates - discussion 9/9/2024 Staff will present the proposed overhaul to the city’s residential zoning districts and zoning map to allow more housing types in more locations. Cannabis commercial sales and growing operations zoning – written report 9/16/2024 Written report detailing proposed zoning regulations related to adult-use cannabis commercial sales and growing operations. Cannabis commercial sales and growing operations zoning - discussion 10/7/2024 Presentation and discussion of proposed zoning regulations related to adult-use cannabis commercial sales and growing operations. Development Project Process - discussion 10/7/2024 Presentation and overview of the development project process. Wooddale Station Development Update – written report 10/7/2024 Written report providing an update on the Wooddale Station development. TIF 101 -discussion 10/14/2024 Presentation providing an overview of the basics of tax increment financing and how it is used in St. Louis Park. TIF Management Annual Report - discussion 10/14/2024 Presentation and overview of the annual tax increment financing management report. Arrive + Thrive planning update – discussion 10/21/2024 Presentation and discussion to provide an update on the Arrive + Thrive planning process. Cashless Businesses – discussion 10/21/2024 Discussion regarding cashless businesses and their potential equity impacts. Single Family Rentals Update – written report 10/28/2024 Written report providing an update on the number of single-family rental homes in St. Louis Park. 4d program updates – written report 10/28/2024 Written report detailing proposed changes to the city’s 4d program. Inclusionary Housing Policy Amendments – written report 10/28/2024 Written report detailing proposed modifications to the Inclusionary Housing Policy. City/EDA owned excess land disposition - discussion 10/28/2024 Discussion related to development on city/EDA owned excess land parcels Housing and neighborhood- oriented development wrap-up – written report 11/4/2024 Written report summarizing the council’s policy direction from the systems discussions that will guide city staff implementation efforts. Meeting: Study session Meeting date: September 9, 2024 Discussion item: 2 Executive summary Title: Community development year in review Recommended action: None; presentation for information only. Policy consideration: None. This presentation is to provide a high-level overview of the work done in community development and the outcomes of that work related to the city’s strategic priorities. Summary: Much of the work done in the community development department in housing, planning and zoning, and economic development and redevelopment serves to directly support the city’s five strategic priorities of providing a broad range of housing and neighborhood - oriented development, leading in environmental stewardship, being a leader in racial equity and inclusion, providing a variety of options for people to make their way around the city, and building social capital through community engagement. Staff will be presenting information to the city council highlighting the work done in the community development department and the outcomes of that work relating to these strategic priorities over the past year. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Prepared by: Karen Barton, community development director Approved by: Kim Keller, city manager Meeting: Study session Meeting date: September 9, 2024 Discussion item: 3 Executive summary Title: Zoning code update – Proposed zoning ordinance amendment Recommended action: Provide staff with feedback on the proposed zoning ordinance amendment. Policy consideration: • Do the proposed changes to the zoning code align with the city’s strategic priorities and the 2040 comprehensive plan goals and strategies? • Does the city council support the housing types identified in each of the proposed neighborhood zoning districts? • Does the city council support initiating an amendment to the 2040 comprehensive plan to increase the density allowed in the low density residential land use category to be consistent with the density needed for the housing types and lot sizes proposed in the Neighborhood-1 (N-1) zoning district? Summary: A survey was conducted in the fall of 2023 to gauge community support for various housing types. There were 317 respondents, and they generally favored smaller housing types and interest in for-sale housing options. Based on the survey feedback, the city’s strategic priorities, the 2040 comprehensive plan goals and strategies and at the direction given staff by the city council at its Nov. 13, 2023 study session (staff report and minutes attached), staff worked with the planning commission to complete the attached proposed zoning ordinance amendment to replace the existing five residential zoning districts with four new neighborhood districts, add more housing style options, and to revise performance standards such as lot size, yards, height, and adding impervious surface limits. A second round of community engagement was conducted with the intent of introducing the ordinance and receiving feedback. A summary from those various efforts is attached along with the completed draft ordinance. Introducing smaller lot sizes and additional housing types will require an amendment to the 2040 comprehensive plan to increase the maximum density in the low-density residential land use category from 10 units/acre to 18 units/acre to accommodate duplexes and the smaller lots sizes. A higher maximum density than 18 units/acre may be required to allow courtyard cottages in the proposed N-1 district. Changes to the medium density residential land use category may also be requested to avoid overlap of these two land use categories. Financial or budget considerations: Future phases of zoning updates to the non-residential districts and the special provisions section (e.g., parking, signage, lighting, etc.) of the zoning ordinance may need to be considered in future budget cycles. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; ordinance; community engagement summary; zoning map. November 13, 2023 agenda and minutes Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning manager/deputy community development director Karen Barton, community development director Approved by: Kim Keller, city manager Study session meeting of September 9, 2024 (Item No. 3) Page 2 Title: Zoning code update – Proposed zoning ordinance amendment Discussion Background: The city seeks to allow more housing types in more locations and generally increase the housing supply to meet more of the housing demand in the city as demonstrated in the Maxfield Housing Market Study. The city also seeks to better reflect its strategic priorities in low density residential areas of the city. This effort also works to implement several city goals and strategies, including but not limited to: 2040 comprehensive plan housing goals and strategies Goal 1: The City of St. Louis Park will promote and facilitate a balanced and enduring housing stock that offers a continuum of diverse lifecycle housing choices suitable for households of all income levels including, but not limited to affordable, senior, multi-generational, supportive and mixed income housing, disbursed throughout the city. Strategies: A. Create a broad range of housing types to provide more diverse and creative housing choices to meet the needs of current and future residents. B. Review existing policies, programs and regulations to remove barriers to innovative and creative housing options. C. Ensure new housing policies promote fair and equitable housing choices. D. Use data and research to guide and evaluate housing priorities, policies, and programs. E. Use infill and redevelopment opportunities to assist in meeting housing goals. Goal 2: Single Family Homes: The city is committed to creating, preserving, and improving the city’s single-family housing stock. Strategies: E. Allow for two-family dwelling units (twin homes and duplexes) on appropriately sized lots in low density residential areas. Goal 3: Multi-Family: The city is committed to promoting quality multi-family developments, both rental and owner occupied, in appropriate locations, including near transit centers, retail and employment centers and in commercial mixed use districts. Strategies: C. Be proactive in analyzing and guiding redevelopment opportunities for multi-family developments. D. Increase densities and housing options on high frequency transit routes and near rail stations. Goal 5: Home Ownership: The city is committed to promoting home ownership, including affordable homeownership options and exploring traditional and non-traditional owner- occupied housing options such as: row houses, courtyard housing, high-rises, live-work units, three-story homes, co-housing, Land Trust, Habitat sponsored homes, and multi-generational housing. Study session meeting of September 9, 2024 (Item No. 3) Page 3 Title: Zoning code update – Proposed zoning ordinance amendment Strategies: C. Promote and facilitate a balanced and sustainable housing stock to meet diverse needs for today and in the future. Proposed ordinance: The proposed zoning ordinance amendment is attached to this report. The ordinance would replace the existing articles and divisions in their entirety, so only the new code text is shown. It is organized into four components. 1. Article 1-General. This consists of general information that applies to the entire zoning ordinance such as definitions. Definitions were added for the new housing types, and all definitions that are currently scattered throughout the zoning ordinance are now consolidated into this one list of definitions. 2. Article IV, Division 1 – Generally. This replaces the existing residential district names with the proposed neighborhood names. There are no other substantial changes to this division. 3. Article IV, Division 2 – Land Use. This division is updated to include the new housing types. 4. Article IV, Division 4 – Residential District Standards. This division replaces the current five residential districts with the proposed four neighborhood districts and displays the allowed uses and required standards in table format. Changes proposed to Article 1 and to Division 1 and 2 of Article IV are primarily administrative and are required to accommodate the changes proposed in Article IV, Division 4 where the bulk of the changes to the zoning districts are found. These changes include: 1. Replacing the existing five residential zoning districts with four new neighborhood zoning districts. 2. Adding additional housing types to each of the proposed neighborhood zoning districts. This will result in adding two-unit, three-unit dwellings and courtyard cottages to areas of the city that are currently single-unit housing only. 3. Reducing lot sizes and, in some cases, yards. 4. Establishing a maximum impervious surface ratio. 5. Reducing the overall size of the zoning ordinance. 6. Making the ordinance more accessible to readers by presenting most regulations in table format. Community engagement: The community engagement opportunities conducted in June and July included the following activities: • Communication of the public input opportunities was sent to all households via information in the Park Perspective city newsletter that is mailed to every address, as well as posts placed on social media platforms and information boards displayed at Ecotacular as part of Parktacular (with a QR code for people to link to the online project page and input opportunities). • Emails sent to those that signed up for updates. • Seven in-person open houses at multiple locations and times of the day and days of the week. Study session meeting of September 9, 2024 (Item No. 3) Page 4 Title: Zoning code update – Proposed zoning ordinance amendment • Information boards displayed at Ecotacular, which included a QR code for people to link to the online project page and input opportunities. The table at this event was staffed by the planning and zoning division. • Virtual meeting introducing the proposed residential zoning updates as well as background zoning/housing information; a recording of the presentation portion of the meeting was available afterward on the online project page. • An online interactive proposed zoning map that allows people to leave their comments and respond to others’ comments about specific locations on the proposed zoning map. • Short online surveys allowing people to provide their input related to each of the four proposed districts and additional standards for some of the housing types. • News release to the Sun Sailor. Overview of community engagement and input: The attached Community Engagement Summary describes the latest round of various community engagement activities, level of involvement, comments received and key takeaways. The following is a breakdown of how people responded: • Online project information accessed by 400+ people • Online survey – 61 responses • Online proposed zoning map – 32 comments • In-person open houses – 29 attendees • Virtual meeting – 5 attendees Additionally, the city made several posts to our various social media platforms. The table below lists the dates posts were made on the platforms, the likes, number of comments, and shares. The comments are attached at the end of the report. Facebook-Date Comments Shares 6/6/2024 19 0 6/21/2024 3 0 7/9/024 45 5 7/27/2024 6 11 Instagram-Date Comments 6/6/2024 10 6/21/2024 0 7/9/2024 2 7/27/2024 3 LinkedIn-Date Comments Reposts 6/6/2024 0 0 6/21/2024 0 1 7/9/2024 0 0 Nextdoor-Date Comments 6/13/2024 10 6/21/2024 0 Study session meeting of September 9, 2024 (Item No. 3) Page 5 Title: Zoning code update – Proposed zoning ordinance amendment In addition to the comments provided to the social media posts, comments were also submitted on the zoning code update story map available on the city website. The story map provided an interactive map and the ability to leave comments directly onto the proposed zoning map. The surveys provided the ability to comment specifically about each zoning district, and the online zoning map provided the ability to comment on specific areas of the city. A variety of comments were received that center around the following: • Concern was expressed about adding additional housing types to the existing single- family only zoning districts. • Support was expressed about adding additional housing types to the existing single- family only zoning districts. • Support was expressed for additional housing types along transportation corridors. • Some areas were encouraged to be zoned for N-2 instead of N-1. (See zoning map for the location of these comments.) The survey included an opportunity to rate on a scale of 1-5 (1 being the lowest) their level of support for the question asked. The average level of support on the scale for each proposed district is as follows: • N-1: 2.9 • N-2: 4.2 • N-3: 4.3 • N-4: 3.5 Planning commission review: Following the conclusion of the public outreach comment period, the comments received and the proposed ordinance were presented to the planning commission in two parts. On August 7, 2024, the planning commission reviewed the comments received, and on September 4, 2024, the planning commission reviewed the full ordinance in draft form. On Aug. 7, 2024, the planning commission expressed their support for the ordinance, and noted that many comments received expressed concern about increasing rental properties, and a desire to encourage home ownership. The planning commission reinforced the idea that both affordable rental and ownership opportunities are important for the city to pursue. This report was prepared before the Sept. 4, 2024 planning commission meeting was held. Staff will provide a summary of the planning commissions discussion at the city council study session. Next steps: The comment period ended on July 31, 2024. Staff is prepared to begin the process to adopt the proposed ordinance, however, before staff begins this process, staff requests input and direction from the city council. If the city council gives staff direction to begin the process to adopt the attached zoning ordinance amendments, then staff will proceed with having the planning commission conduct the public hearing in October. Upon completion of the public hearing staff will bring the ordinance to the city council for adoption. Attachments: • Draft proposed zoning amendment • Draft proposed zoning map Study session meeting of September 9, 2024 (Item No. 3) Page 6 Title: Zoning code update – Proposed zoning ordinance amendment • Community Engagement Summary • Online Interactive Proposed Zoning Map showing Place-Specific Comments • Copy of survey made available for each neighborhood district (same survey questions for each district) • Social media posts and comments ARTICLE I. IN GENERAL Division 1. INTRODUCTORY PROVISIONS Sec. 36-1. Findings The city council finds it necessary to accomplish the following: (1)Protect the residential, business, industrial and public areas of the community and maintain their stability. (1)Promote the most appropriate and orderly development of the residential, business, industrial and public areas. (2)Provide adequate light, air and convenient access to property. (3)Limit congestion in the public rights-of-way. (4)Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (5)Provide for compatibility of different land uses. (6)Require that development proceed according to the principles, goals, objectives, implementation strategies, and land use designations established in the city's comprehensive plan. (7)Maintain a tax base necessary to the economic welfare of the city by insuring optimum values for property in the city. (8)Enhance the aesthetic character and appearance of the city. (9)Conserve natural resources and environmental assets of the community. (10)Provide adequate off-street parking and loading facilities. (11)Define the powers and duties of the board of zoning appeals and the planning commission. (2)Provide effective administration of this chapter and any future amendments to the ordinance from which this chapter is derived and prescribe penalties for the violation of its requirements. (3)Establish a continuing system of review of this chapter to ensure it will be amended to meet the changing needs of the community and advances in science and the arts. (Code 1976, § 14:1-1.2) Sec. 36-2. Purpose and intent of chapter. To implement these findings, the city council, through this chapter, establishes minimum requirements to protect the public health, safety, morals, comfort, convenience and general welfare of the people. This chapter shall divide the city into use districts and establish regulations which control the location, erection, construction, reconstruction, alteration and use of structures and land. (Code 1976, § 14:2) Sec. 36-3. Rule of construction. (a)Construction. The following rules of construction govern the interpretation of the language of this chapter: (1)The singular number includes the plural and the plural the singular. (2)The present tense includes the past and future tenses and the future includes the present. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 7 (3)The word "shall" is mandatory, and the word "may" is permissive. Whenever a word or term which is defined in this chapter appears in the text of this chapter, its meaning shall be that stated in the chapter definition. Words or terms which are not defined in this chapter shall have the meaning found in the most recent edition of Webster's Unabridged Dictionary. Words not defined in that dictionary shall have their ordinary, usual meaning at the time the word or term is being applied to a zoning question or situation. General words are construed to be restricted in their meaning by preceding particular words. (b)Interpretation. The following rules apply to determine the boundaries of a zoning district or the status of a land use: (1)Zoning district boundaries. a.In determining the location of zoning district boundaries, the zoning administrator shall consider the provisions of section 36-114 . If these provisions are not applicable and distances and dimensions are not labeled, the zoning administrator shall determine the location of the line by scaling from the official copy of the zoning map. b.If the zoning administrator determines the location of the zoning district boundary along a line which passes through a building or structure, the boundary line shall be adjusted so that the line falls outside of the building or structure at a location most compatible with the purpose and intent of this chapter. (2)Land use. a.The only uses which can be made are those uses listed in the district and these are permitted only in the manner described by this chapter. b.Any person seeking to establish a use of land or a building which is not specifically listed in any of the use categories in this chapter may ask the zoning administrator which category of use shall be applied. The zoning administrator's decision will establish whether the proposed use is permitted under any of the categories in this chapter. The zoning administrator shall consider functional similarities between uses listed in this chapter and the proposed use including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is designated as "permitted," "permitted with conditions," "permitted as a conditional use" or "permitted as an accessory use." If the zoning administrator determines that the proposed use is not permitted under any category, that conclusion shall be stated in the written determination. (3)Appeal. Any decision of the zoning administrator determining zoning district boundaries or permitted land uses may be appealed to the board of zoning appeals under the provisions of subsection 36-31(a). (4)Performance time; delivery and filing time. Where the performance or doing of any act, duty, matter, payment or thing is ordered or directed and the period of time or duration for the performance or doing thereof is described and fixed by this chapter, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 8 Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. When an application, payment, drawing, contract or other document is to be delivered to or filed with any department of the city or other unit of government on or before a prescribed date and the prescribed date falls on a Saturday, Sunday, or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. (5)Purpose of interpretation and construction of chapter. The object of all interpretation and construction of this chapter is to ascertain and effectuate the intention of the city council. This chapter shall be construed, if possible, to give effect to all the chapter provisions. When the words of this chapter in their application to an existing situation are clear and free from all ambiguity, the letter of this chapter shall not be disregarded under the pretext of pursuing the spirit. a.When the words of this chapter are not explicit, the intention of the city council may be ascertained by considering, among other matters: 1.The occasion and necessity for this chapter or specific provision. 2.The circumstance under which it was enacted. 3.The mischief to be remedied. 4.The object to be attained. 5.The former zoning ordinance. 6.The consequences of a particular interpretation. 7.Administrative interpretations of this chapter and interpretations by the board of zoning appeals and the city council. b.In ascertaining the intention of the city council, the following presumptions apply: 1.The city council does not intend a result that is absurd, impossible of execution, or unreasonable. 2.The city council intends the entire chapter to be effective and certain. 3.The city council does not intend to violate the Constitution of the United States or the state constitution. 4.The city council intends to favor the public interest as against any private interest. (6)Grammatical errors. Grammatical errors shall not destroy the application of this chapter. A transposition of words and clauses may be resorted to when a sentence is without meaning as it stands. Words and phrases which may be necessary to the proper interpretation of this chapter and which do not conflict with its obvious purpose and intent, nor in any way affect its scope in operation, may be added in the construction thereof. (7)Provisos. Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in this chapter shall be construed to exclude all others. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 9 (8)Penalty; forfeiture. When a penalty or forfeiture is provided for the violation of this chapter, such penalty or forfeiture shall be construed to be for each such violation. Each day that a violation exists shall constitute a separate violation. (9)Provision conflicts. When a general provision of this chapter conflicts with a special provision in this chapter, the two shall be construed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the special provisions shall prevail and shall be construed as an exception to the general provision unless the general provision was enacted subsequent to the special provision and it shall be the manifest intention of the city council that such general provisions shall prevail. When several clauses are irreconcilable, the chapter clause last in order of date or position shall prevail. When the provisions of two or more amendments to this chapter passed at different dates are irreconcilable, the amendment latest in date of final enactment shall prevail. (10)Amendment. When a section or part of the ordinance from which this chapter is derived is amended, the amendment shall be construed as merging into the original ordinance, becoming a part thereof, and replacing the part amended, and the remainder of the original ordinance and the amendment shall be read together and viewed as one ordinance passed at one time. The portions of this chapter which were not altered by the amendment shall be construed as effective from the date of the first enactment, and the new provision shall be construed as effective only from the date when the amendment became effective. When this chapter adopts the provisions of state statute by reference, it also adopts by reference any subsequent amendments of that statute except when the intent of the city council is clearly to the contrary. If two or more amendments to the same provision or this chapter are enacted at the same or at different times, one amendment overlooking and making no reference to the other, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail. (11)Appendix. The appendix is for information purposes only and is not intended to govern. (12)Diagrams. Diagrams, where provided, are intended to be illustrative only and may not be drawn to scale. Where a conflict exists between a diagram and text, the text shall prevail. (c)Separability. Provisions in this chapter are separable if the following events occur: (1)If a court of competent jurisdiction finds any provision of this chapter to be invalid, that judgment shall not affect any other provision of this chapter not specifically included in the judgment. (2)If a court of competent jurisdiction finds the application of any portion of this chapter to a particular property, building, or other structure invalid, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. (3)If a court of competent jurisdiction finds any individual condition of a conditional use permit invalid, that judgment shall not invalidate any other condition of the same Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 10 conditional use permit not specifically included in such judgment nor shall it invalidate the application of the same condition in any other conditional use permit. (d)Jurisdiction and authority. (1)This chapter is enacted under the authority granted to the city in state statutes. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be incorporated into this chapter. (2)Any action by the city to extend the time limit to process a zoning application in accordance with Minn. Stat 15.99, as amended, may be taken administratively without city council approval. (3)This chapter governs the use of all land and structures in the city unless such regulation is specifically preempted by state or federal statutes or regulations. (Ord. No. 2419-12, 9-14-12) (e) Application. (1)Minimum requirements. The provisions of this chapter are the minimum requirements for the promotion of the public health, safety, morals and general welfare. (2)More restrictive applications. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other applicable law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall control. (3)Mixed use. All regulations applicable to each use in a mixed-use development shall be applicable, except where the mixed use is approved under section 36-367 or where parking is approved under subsection (b)(2)l. of section 36-361. (4)Essential services. Essential services shall be permitted as authorized and regulated by state law and ordinances of the city. Such essential services are exempt from the application of this chapter, except when they are conducted in the FW, FF and FP overlay districts. (5)Measurement. All measured distance expressed in feet shall be to the nearest tenth of a foot. The measurement of distances when required by this chapter shall be done in a straight line in the plane located at a point one foot above the highest point in the surface of the ground along the path of measurement, from the closest exterior wall (extended vertically if a cantilever) of a building containing the use to the property line of the adjacent street, district, or lot or other boundary line. If the use is not within a building, the measurement shall be the shortest distance from the location of the use to the property line of the adjacent street, district, or lot or other boundary line. (Code 1976, § 14:2-0; Ord. No. 2419-12, 9-14-2012) Sec. 36-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 11 Abandonment means to cease or discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. (a)Abutting means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with adjacent and adjoining. Access aisle and aisle mean the traveled way by which vehicles enter and depart parking spaces. (b)Accessory use or structure means a use or a structure subordinate to the principal use or structure on the same land and customarily incidental thereto. In the case of an accessory structure, both the building footprint and building height of an accessory building are smaller than the principal building. (c)Adjacent means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with abutting and adjoining. (d)Adjoining means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with abutting and adjacent. Alley means a public right-of-way, with a width not exceeding 24 feet nor less than 12 feet which affords a secondary means of access to property abutting the alley. Alteration means any change, addition, or modification in construction or occupancy of an existing structure or modification to the surface of the ground. Basement means that portion of the building having more than half the ground floor-to- ceiling height below the average grade of the adjoining ground. (e)Berm means a land alteration where fill is added to the surface of the ground in order to create an earthen mound or hill generally used in conjunction with walls, fences, or plant materials to screen one parcel of land from another or from a street. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 12 Block front means the distance between intersections along one side of a street. Boardinghouse means a building other than a motel or hotel where for compensation or by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons. Boulevard means that portion of a street right-of-way between the curbline and property line. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or personal property. Building face means that portion of the exterior wall of a structure which shall lie in a vertical plane. One face shall be terminated by an exterior angle of at least 210 degrees formed by two exterior walls each being at least 18 feet in length or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more. Building face, Front means the elevation of a principal building that is oriented toward the front lot line. On a corner lot, the front face may be oriented toward the front lot line or a side lot line adjacent to a street. Typically, the front face of the principal building contains an entry to the building and that entrance is more architecturally prominent when viewed from public streets. Said entrance does not include an overhead garage door. When it is ambiguous, the zoning administrator determines which is the front face of the building. Building face, Rear means the elevation of a principal building that is opposite the front face of the same principal building. Caliper inch means a unit of measurement describing the diameter of a tree measured one foot above the finished grade level. Canopy tree means a deciduous tree planted primarily for its high crown of foliage or overhead canopy. Carport means a space for the housing or storage of motor vehicles and enclosed on not more than two sides. Channel means the natural or artificial depression of perceptible extent along Minnehaha Creek with a definite bed and bank to confine and conduct flowing water, either continuously or periodically. City means the City of St. Louis Park, a municipal corporation, along with its duly authorized boards, commissions and representatives. Commercial vehicle. A motor vehicle is a commercial vehicle if: Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 13 (1) The vehicle is a dumptruck, a step van, a tow truck, a semitractor or trailer, a tank truck, a tractor, a bus, a cargo truck, a construction vehicle or equipment, an earth- moving vehicle or equipment, a van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton, or any other vehicle which is used in connection with commercial activities; (2) Commercial equipment has been added to the vehicle such as winches or snow plows; (3) Commercial racks have been added to the vehicle for the purpose of holding equipment or materials; (4) The vehicle is a pickup with a nonstandard pickup box; or (5) The vehicle is a trailer loaded with another commercial vehicle or commercial equipment. Conditional use means a specific type of structure or land use which is permitted by this chapter only after an in-depth review procedure set forth in section 36-33 and with appropriate conditions or restrictions as provided in this chapter and upon finding that: (1) Certain conditions as detailed in this chapter exist; and (2) The structure and land use conform to the comprehensive plan and are compatible with the existing neighborhood. Condominium means an estate of real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building. A condominium may include, in addition, a separate interest in other portions of such real property, such as garage space or in the case of cluster development, a townhouse or cluster development lot. Curb level means the grade elevation, as established by the city, at the curb in front of the center of the building. Where no curb level has been established, the director of public works shall determine a curb level or its equivalent for the purpose of this chapter. Customer floor area means that part of the gross floor area of a commercial establishment used by and accessible to the public, except public restrooms. Deciduous means a plant with foliage that is shed annually. Density means the number of dwelling units permitted per net acre of land. Designed Outdoor Recreational Area means designed outdoor space intended for passive or active recreation accessible and suited to the needs of residents and/or employees. The area shall be functional and aesthetic, designed with clear edges, relate to the principal building or buildings, include sidewalk connections, seating, landscaping, and other amenities. The area should be compatible with or enlarge upon existing pedestrian links and public parks or open space and may include swimming pools, tot lots, courtyards, plazas, picnic areas, and trails within natural areas. Outdoor recreational areas shall not include driveways, parking areas, steep slopes, or ponds designed solely for stormwater retention. (Ord. No. 2267-04, 4-12-04) Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 14 Development means all structures, land uses, and other modifications of the existing landscape above and below ground or water, on a single parcel, or on more than one parcel if covered by a single planned unit development or conditional use permit. Diameter at breast height (DBH) means the diameter of a tree measured at a height of 4 1/2 feet from the ground level. District. See the definition, "Use district." Driveway means an improved access which connects an off-street parking space to the public right-of-way. Dog kennel means any premises where four or more dogs, over four months of age, are owned, boarded, bred or offered for sale. Drip line means a vertical line extending from the outermost branches of a tree to the ground. (f) Dwelling means a building, or one or more parts of a building occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, trailers, tents, cabins or trailer coaches. Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Easement means the grant of one or more of the property rights by the owner to, or for the use by, the public, public utility, corporation, or another person or entity. Effective date of the ordinance from which this chapter is derived means December 31, 1992, the effective date of Ordinance No. 92-1902. Enclosed pedestrian walkway means an enclosed link at or above grade between two buildings on the same or separate lots designed solely for the purpose of transporting pedestrians. Equal degree of encroachment means a method of determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments. Essential services include, but are not limited to, underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, fire alarm boxes, police call boxes, traffic signals, hydrants, or other equipment and accessories in conjunction therewith, bridges, roads, and railroads. (g) Evergreen means a plant with foliage that persists and remains green year-round. Excavation means the removal of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land. Expansion means an increase in the floor area or volume of an existing building. Facade means the exterior wall of a building exposed to public view Family means one of the following Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 15 (1) Any group of people living together as a single housekeeping unit, all of whom are related by blood, marriage, or adoption plus children who are under foster care. (2) Up to four people not so related, living together as a single housekeeping unit. (3) Any group of people living together as a single housekeeping unit, if no more than two adult members function as the heads of the household group and the remaining members are dependent upon them for care and direction due to age, physical disability, a mental incompetency or for other reasons. (4) Any individual, who is the owner, living and maintaining a common household and using a common cooking and kitchen facility. Fence means any artificially constructed barrier of any material or combination of materials erected to enclose, divide or screen areas of land. Filling means the placement of sand, gravel, earth or other materials of any composition on a parcel of land. Also see the definition, "Land reclamation." Floor area means the sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attics, penthouses, and attached accessory buildings. Measurements shall be made from the inside of exterior walls and to the center of interior walls. For the purposes of determining off-street parking requirements, inside off-street parking or loading space is excluded from floor area. (h) Floor area ratio (FAR) means the numerical value obtained by dividing the total floor area of buildings excluding the basement by the lot area on which such buildings are located. Food waste means all food, including meat, poultry, seafood, dairy, bread, fruits and vegetables, cheese, eggshells, rice, beans, pasta, coffee grounds and filters, tea bags, bones and other plate scrapings, and garden food waste (e.g. tomatoes, pumpkins). (Ord. No. 2452-14, 5-2-2014) Foster family home means a family home where children out of their own homes are cared for 24 hours a day for a period of 30 days or more. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is situated on the same lot as the principal building used primarily Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 16 for storing motor vehicles with no facilities for mechanical service or repair of a commercial nature. Grade means the average elevation of the finished ground level at the midpoint of all walls of a building, or in the case of signs, the average elevation of the finished ground level at the base of a sign. This definition includes the terms finished grade and mean ground level. Grading means excavating, filling or other changes in the earth's natural topography, including stockpiling of earth or land. Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 18 inches at maturity. Ground floor area means the lot area covered by a building measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 15 feet in height. Ground Floor Transparency means the measurement of the percentage of a facade that has highly transparent, low reflectance windows at the pedestrian level, measured between 2’ and 8’ above grade. (Ord. No. 2575-19, 11 -18-19) Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. (i) Height – Accessory building. A distance to be measured from the first story elevation, as defined by building code, to the highest point of the structure. (j) Height – Accessory structure. A distance to be measured from the lowest exterior grade at the base of the structure to the highest point of the structure. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 17 (k) Height-Communication Towers and Antennas. The height of a communication tower or antenna which is not attached to a building shall be determined by measuring the vertical distance from the point of contact with the ground of the communication tower or antenna to the highest point of the communication tower, or antenna, including, in the case of a communication tower, all antennas and other attachments. (l) Height – Principal building. A distance to be measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public right-of-way whichever is higher to the top of the parapet of a flat roof; to the deck line of a mansard roof; to a point on the roof directly above the highest wall of a shed roof; to the upper most point on a round or other arch type roof; or to the mean distance of the highest gable on a pitched or hip roof. (m) Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 18 Intensity classification means a measure of the magnitude and impact of a land use on the environment and neighboring land uses. Variables include, but are not limited to, the levels of traffic that are generated, degree of lot coverage, building height, impervious surface, and density of development. Intoxicating liquor license (on-sale) means an on-sale liquor license issued by the city council which permits the sale and consumption on the licensed premises of all types of legal liquor including spirits, wine, and malt liquor. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Land reclamation means the reclaiming of land by depositing fill material to elevate the grade. See the definition, "Filling." Level of service means the traffic capacity of an intersection or roadway based upon criteria established by the Institute of Traffic Engineers, as amended periodically. Lot means a parcel of land created by an existing subdivision or described on a deed which has been recorded in the office of the register of deeds or registrar of titles of the county and which is occupied or used or intended for occupancy or use and has common ownership in its entirety. Lot area means the area of a lot in a horizontal plane bounded by the lot lines. (n) Lot, buildable, means a lot which meets the minimum lot width and area requirements of the use district in which it is located, and which has frontage on a right-of-way for street or alley purposes. If the lot was subdivided as part of a cluster housing development, access to a public street may be by private street. Lot area per family means the number of square feet of lot area required per dwelling unit. Lot, corner, means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at a point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 19 Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, interior, means a lot other than a corner lot. Lot line means the property line bounding a lot except that where any portion of a lot extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the lot line for applying this chapter. Lot line, front, means that boundary of a lot which abuts a street. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the division of inspections. If a parcel has multiple sides on more than two street frontages, the front lot line shall be determined by the zoning administrator. Lot line, rear, means a lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. For a lot bounded by only three lot lines, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side, means a lot line which intersects with a front lot line. Lot of record means any lot which is one parcel of a plat heretofore or hereafter duly approved and filed, or one unit of an auditor's subdivision or a registered land survey or a parcel of land not so platted, subdivided or registered, for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for the county prior to the effective date of the ordinance from which this chapter is derived. Lot, substandard, means a lot or parcel of land that does not meet the definition of a buildable lot or does not meet the provisions of section 36-71. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. Lot width means the horizontal distance between the side lot lines measured at the required front yard line. Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under state law. Mining means the extraction and removal of sand, gravel, or other earthen material from a parcel of land. Mobile Food Vehicle means a vehicle or cart used to prepare and serve food and/or beverages. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 20 Motor vehicle means every vehicle which is self-propelled. This does not include lawn mowers or snow blowers. Mulch means nonliving organic, synthetic, and rock materials customarily used in landscape design to retard erosion and retain moisture. (o) Nonconforming means a situation where any development, structure, sign, site lighting, off- street parking lot, landscaping, land use or parcel was legally constructed or established prior to the effective date of the ordinance from which this chapter is derived, or subsequent amendment to it, which is not in full compliance with the regulations of this chapter. (p) Nonconforming parking means parking which legally existed upon the effective date of the ordinance from which this chapter is derived and which did not comply with the numerical requirements of section 36-361 or with the design requirements found in the landscaping section of this chapter. Nonpassenger vehicle means a commercial or recreational vehicle or trailer. (q) Open Lot Area means an area of a lot, not located within a front yard or side yard abutting a street that has a minimum dimension of 20 feet in all directions and does not include a building, driveway, outdoor storage, or parking space. Open covered porches, gazebos, decks, and patios are permitted encroachments into the open lot area. Swimming pools are permitted encroachments provided they do not occupy more than 50% of the open lot area. Ordinance from which this chapter is derived means Ordinance No. 92-1902 adopted December 7, 1992 and effective December 31, 1992. (r) Organic material means Food waste, Yard waste and items such as, but not limited to: non- recyclable paper products, and other compostable items such as full vacuum cleaner bags, dryer lint, tissues and cotton balls, floral trimmings and house plants, and compostable plastics (certified compostable plastic utensils, cups and containers). Ornamental structures are built or placed in the landscape for decorative or horticultural purposes and are accessory to and detached from the principal structure. They do not have solid walls or a solid roof. These include but are not limited to trellises, arbors, arches, pergolas, gateways, flagpoles, fountains, birdbaths, birdhouses, and yard sculptures. These do not include trees, shrubs or other vegetation. (Ord. No. 2255-03, 11-3-03) Ornamental tree means any tree planted primarily for its ornamental value or for screening purposes and tends to be smaller at maturity than canopy trees. Parcel. See the definition, "Lot." Parking space means an improved paved or gravel area on a lot or area within a building intended for parking of a motor vehicle and which has a means of access to a public street. This term is used interchangeably with parking stall and parking facility. Passenger vehicle means an automobile, station wagon, van, sports utility vehicle, minivan, pickup truck, or motorcycle designed and primarily intended for on-street operation. Passenger vehicles do not include commercial vehicles, recreational vehicles, racing cars or stock cars. Performance standards means specified criteria and limitations which are placed on development which are intended to protect the public health, safety, or welfare. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 21 Person means an individual, firm, partnership, corporation, company, association, society, joint stock association, or political subdivision of the state including any trustee, receiver, assignee or other representative thereof. Pickup truck means any truck with a manufacturer's nominal rated carrying capacity of one ton or less and commonly known as a pickup or pickup truck and which has a standard manufactured pickup box. A pickup whose standard box is covered with a topper if the topper does not exceed 1 1/2 times the wall height of the standard box is a pickup truck. Playfield means an outdoor facility developed as a baseball diamond, softball diamond, soccer field, football field, or other surface for conducting outdoor recreational activities. Previous zoning ordinance means Ordinance No. 730 adopted December 28, 1959 and all subsequent amendments thereto which were in effect on December 30, 1992. Principal building means a building or group of buildings in which the primary use of a lot is located. Principal use means the main use and chief purpose of land or structures, as distinguished from a secondary or accessory use. (s) Proof of parking means a method by which an area of a lot other than that area required for yards, landscaping, or any other area required for other purposes by this chapter which is allocated for parking but is not paved or striped. Racing car means a motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed for high-speed contests between two or more vehicles or for timing of speed. Recreational vehicle. (1) Travel trailers include those that telescope or fold down, chassis-mounted campers, house cars, motor homes, tent trailers, slip in campers and converted vans that are motor homes as defined in this definition. (2) Motor home is a vehicle that provides temporary living quarters. A vehicle provides temporary living quarters if it is: a. Not used as the residence of the owner or occupant; b. Used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and c. Self-propelled or capable of being towed on public roads. (3) A nonmotorized trailer intended and generally used for transporting boats. Snowmobiles, all-terrain vehicles, boats and any type of watercraft. Such vehicles which are placed on a utility trailer shall, together with the trailer, be considered a single recreational vehicle. (t) Right-of-way means an area or strip of land, either public or private, on which a right-of- passage has been recorded for the use of vehicles, including trains, or pedestrians or both. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 22 Root zone means the part of the soil that is invaded by a plant's roots. Screen means a method of reducing the impact of noise and unsightly visual intrusions by placing vertical elements, such as plants, berms, fences, walls, or any appropriate combination thereof between the incompatible land uses. (Ord. No. 2325-07, 05-07-07) Self-Storage Facility means any real property designed and used for the purpose of renting or leasing individual storage space to individuals, organizations, or businesses who are to have access to such facility for the purpose of storing and removing personal property; a self-storage facility is not a warehouse/storage facility. (Ord. No. 2570-19, 9-16-19) Service stall means the area within a motor fuel station or auto repair facility of adequate size to service one motor vehicle. A service stall shall have a maximum floor area of 400 square feet. This term is synonymous with service bay. 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. This use includes vendor markets. (Ord. No. 2598-20, 11 -16-20) Short-term rental means leasing a residential dwelling unit or accessory dwelling unit for a term of less than one month. (Ord. 2596-20, 10-19-20) Shrub means a self-supporting woody perennial plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen, and usually not more than ten feet in height at its maturity. Significant tree means 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. (Ord. No. 2325-07, 5-7-07; Ord. No. 2449- 13, 11-15-2013) Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 23 Stand and standing mean any halting, even momentarily, of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or property. Stock car means a motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high-speed contests between two or more vehicles or for timing of speed. Story means that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. Street means a public or private thoroughfare with a minimum right-of-way width of 24 feet which is used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified in the comprehensive plan by the functions they perform. See illustration following this definition. (1) Local street. Roadways typically having lowest traffic volumes, containing one lane of traffic in each direction whose primary function is to provide access to and from property. (2) Minor collector. Roadways containing one lane of traffic in each direction whose primary function is to provide access to and from neighborhoods and the local street system. (3) Major collector. Roadways containing one or two lanes of traffic in each direction with controlled intersections whose function is to serve long trips within the city and access to and from minor and principal arterials. (4) Minor arterials. Interregional roads containing two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs, or other urban centers and are used to reduce the number of trips on the regional system. Efficient movement is the primary function of a minor arterial road. (5) Principal arterials. Limited access interregional arterial routes containing two or more lanes in each direction. They are designed exclusively for unrestricted movement, have no private access, and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 24 (u) Structure means anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards and fences. Trailer means any vehicle designed for carrying property on its own structure and for being drawn by a motor vehicle. Trailer bed means that portion of a trailer that is designed to make contact with and bear the weight of the load to be carried. Tree means a self-supporting woody perennial plant having one or several self-supporting stems or trunks and numerous branches which normally attains an overall height of at least 15 feet at maturity. Trees may be classified as deciduous or evergreen. Truck means every motor vehicle designed, used or maintained primarily for the transportation of property. This definition does not include a pickup truck as defined in this section or a van with a manufacturer's nominal rated carrying capacity of one ton or less. Understory trees means a self-supporting woody plant or species normally growing to a mature height of between 15 and 30 feet and a mature spread of at least 15 feet. Many understory trees are considered to be ornamental trees. Undue hardship means a condition resulting when reasonable use cannot be made of a property if used under conditions allowed by the official control, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Use means the purpose or activity for which a premises is designed, arranged or intended for which it is or may be occupied or maintained. Use district means a mapped area within the city to which a uniform set of regulations applies for the purpose of regulating development. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 25 Uses, nonconforming, means any building or land lawfully occupied by a use at the time of the passage of the ordinance from which this chapter is derived or of amendments thereof which does not conform after the passage of the ordinance from which this chapter is derived or an amendment thereto with the use regulations of the district in which it is located. See the definition, "Nonconforming." Variance means a modification or variation of the provisions of this zoning code as applied to a specific piece of property. (Ord. No. 2409-12, 1-27-12) Vegetation, native, means any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by man are not native vegetation. Vehicle means a device for carrying or conveying persons or property which may be self- propelled or may be propelled, drawn, or towed by a self-propelled vehicle. Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wind energy conversion system (WECS) means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, tower, electrical components, foundation, transformer, and electrical cabling from the tower to building or substation(s) and their support facilities. Wind energy conversion system, building mounted means a wind energy conversion system that is attached to a building for structural support. Wind energy conversion system tower means a support structure to which the nacelle and rotor are attached. Wind energy conversion system height means the distance measured from the lowest exterior grade at the base of the WECS to the highest point of any component of a WECS. (v) Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. For principal buildings, structures, and uses, the yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located. For accessory buildings, structures, and uses, the yard shall extend from the property line to the principal building, structure, or use. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 26 (w) Yard, front, means: a. For principal buildings, structures, and/or uses is an area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a depth as specified in the required yard regulations for the district in which such lot is located. b. For accessory building, structures, and/or uses is the area of a lot which extends the full width of the lot between the front face of the principal building and the lot line adjacent to the street right-of-way in front of the principal building. Yard, rear, means: a. For principal buildings, structures, and/or uses is an area which extends along the full width of the rear lot line between the side lot lines and toward the front lot line a depth as specified in the required yard regulations for the district in which the lot is located. Where the lot is a corner lot, the rear yard shall be the area between the interior side lot line and the side yard abutting a street extending toward the front yard a depth as specified in the required yard regulations for the district in which the lot is located. b. For accessory buildings, structures, and/or uses is the area of a lot extending the full width of the lot behind a line created by extending the rear face of the principal building to the property lines located to the sides of the principal building. Yard, side, means: a. For principal buildings, structures, and/or uses is an area extending along a side lot line between the front yard and rear yard, having a width as specified in the required yard regulations for the district in which the lot is located. b. For accessory buildings, structures, and/or uses is the area of a lot between the front and back yards as required for accessory buildings, structures, and uses. Yard, side, abutting a street, means: a. For principal building, structures, and/or uses is a yard adjacent to a street which extends along a side lot line between the front yard and rear property line. The required width of the side yard abutting a street is specified in the dimensional standards of the district in which the yard is located. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 27 b. For accessory buildings, structures, and/or uses is a side yard as required for accessory buildings, structures, and uses which is adjacent to a street. Yard waste means all garden wastes, grass clippings, leaves, weeds, holiday trees, shrub and tree waste and prunings, seasonal greenery, and woodchips that are normally generated from residential properties. Zoning ordinance means Ordinance No. 92-1902 and all amendments adopted subsequent to that date and compiled as Chapter 36 of this Code. Sec. 36-5. Abbreviations. (a) Purpose. The purpose of this section is to identify the abbreviations which are used in this chapter in order to clarify meaning. (b) Abbreviations. (1) BOZA Board of zoning appeals (2) DBH Diameter at breast height (3) DU Dwelling unit (4) FAR Floor area ratio (5) PUD Planned unit development (6) FW Floodway district (7) FF Flood fringe district (8) FP General floodplain district (Code 1976, § 14:3-2) Sec. 36-6. – 36-29. Reserved. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 28 ARTICLE IV. ZONING DISTRICTS Division 1. Generally Sec. 36-111. Use Districts Established All land in the city shall be assigned to one of the following zoning districts: (1) Parks and Open Space District. POS park and open space district, see section 36-151. (2) Residential districts. a. N-1 Neighborhood District, see Article IV, Division 4. b. N-2 Neighborhood District see Article IV, Division 4. c. N-3 Neighborhood District, see Article IV Division 4. d. N-4 Neighborhood District, see Article IV, Division 4. (3) Commercial districts. a. C-1 neighborhood business district, see section 36-193. b. C-2 general commercial district, see section 36-194. (4) Office district. O office district, see section 36-223. (5) Business Park district. BP Business park district, see section 36-231. (6) Industrial districts. a. I-P industrial park district, see section 36-243. b. I-G general industrial district, see section 36-244. (7) Mixed use districts. a. MX-1 vertical mixed use district, see section 36-264. b. MX-2 neighborhood mixed use district, see section 36-265. (8) Planned Unit Development (PUD) District, See Section 36-32. (Code 1976, § 14:5-1.1; Ord. No. 2462-15, 2-2-15; Ord. No. 2598-20, 11-16-20) Sec. 36-112. Overlay districts established. Overlay districts are as follows: (1) FW floodway district, see section 36-294. (2) FF flood fringe district, see section 36-294. (3) FP general floodplain district, see section 36-294. (4) TDM travel demand management district, see sections 36-321 through 36-330. (5) (Code 1976, § 14:5-1.2) Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 29 Sec. 36-113. Map. The boundaries of the use districts listed in section 36-111 are shown on the zoning map, as amended. The map is certified by the city clerk and is stored in the office of community development and is referred to as the "zoning map" or "map," in this chapter. The map and all of the notations, references and other information shown on it shall have the same force and effect as if fully set forth in this chapter and are hereby made a part of this chapter by reference. (Code 1976, § 14:5-1.3) Sec. 36-114. Boundaries District boundary lines indicated on the zoning map follow lot lines, the center lines of streets or alleys projected, railroad right-of-way lines, the center of watercourses, or the corporate limit lines as they exist upon the effective date of the ordinance from which this chapter is derived. If use district boundary lines do not follow any of the above-described lines, the use district boundary lines are established as drawn on the zoning map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of the ordinance from which this chapter is derived and places portions of such lot of record in two or more use districts, any portion of such lot within 50 feet on either side of dividing district boundary line may be used for any use permitted in either use district. If the lot shall be wider than the 50-foot limitation, the use district line as shown shall prevail. (1) Appeals from the zoning administrator's determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the board of zoning appeals. (2) Whenever any street, alley or other public way is vacated by official action of the city, the location of the zoning district line shall not be affected by such proceeding. (3) A determination of whether a property is within the boundaries of the FW, FF or FP district shall be made by the zoning administrator. Any person objecting to that determination may appeal to the zoning administrator by submitting a topographic survey which includes the contour of the flood protection elevation and the location and elevation of all proposed structures. The zoning administrator may change the determination based on the topographic survey, but the zoning administrator shall notify the commissioner of the state department of natural resources at least ten days before granting the permit. Provisions for the modification of floodplain district boundaries are contained in division 8 of article IV of this chapter. (Code 1976, § 14:5-1.4) Sec. 36-115. Land use by zoning district. a. Designation and reference. The land uses listed in this section are specifically designated and refer to the detailed listing of land uses contained in section 36-142 et seq. b. Land uses permitted. Land uses listed as "permitted" are permitted by the general land use requirements of this chapter; subject to the general requirements of the specific zoning district in which they are located, any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 30 map, the general requirements of this chapter, and any and all other applicable city, county, state and federal regulations as may be amended from time to time. c. Land uses permitted with conditions. Land uses listed as "permitted with conditions” are subject to all the requirements of land uses permitted by right plus those additional controls which are listed following the specific land use. Land uses permitted with conditions do not require a public hearing process. d. Land uses permitted as a conditional use. Land uses listed as "permitted as a conditional use" are permitted subject to all the requirements applicable to uses permitted by right plus all general conditional use and any additional requirements applicable to that particular land use contained in divisions 3 through 6 of this article and those general conditions contained under section 36-33. Each conditional use application shall be considered a unique situation and shall not be construed as precedents for similar requests. Further conditions may be imposed on any conditional use by the planning commission or city council in response to special conditions of the use or site. (Ord. No. 2419-12, 9-14-2012) e. Land uses permitted as accessory uses. Land uses listed as "permitted as an accessory use" are permitted subject to all of the requirements applicable to uses permitted by right, plus any additional requirements applicable to that particular land use contained in divisions 3 through 6 of this article. Accessory uses other than required off-street parking may not occupy more than 25 percent of the total floor area of any development unless further restricted in the district regulations. (Ord. No. 2462-15, 2-2-2015) f. Land uses permitted as temporary uses. Temporary land uses are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (b) of this section, plus any additional requirements applicable to that particular land use as contained in section 36-82. (Ord. No. 2462-15, 2-2-2015) g. Land uses permitted in limited stories. Land uses listed as “permitted in limited stories” are permitted subject to all the requirements of land uses permitted by right plus those additional controls which specify the story of a building the use can occur. Land uses permitted in limited stories do not require a public hearing process. (Ord. 2560-19, 6-17-19) h. Full compliance necessary. Although a land use may be indicated as permitted by right, permitted with conditions, or permitted as a conditional use in a particular use district, it does not follow that such a land use is permitted or permissible on every parcel in such use district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted under section 36-34. (Ord. No. 2462-15, 2-2-2015) TABLE 36-115A – (Repealed, Ord. No. 2312-06, 4-14-2006) Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 31 TABLE 36-115C Intensity Class Measures Maximum Density Factor (DU/Acre) Maximum Impervious Surface Ratio Maximum Floor Area Ratio Maximum Height (in feet) Maximum Trips/ AC./Day Gross Building Area Hours of Operation Resultant Land Use Intensity Class Residential uses 9 -- -- 30 100 2,000 Class 1 All other uses -- 0.30 0.15 30 100 2,000 6:00 a.m./ 6:00 p.m. Residential uses 15 -- -- 35 300 5,000 -- Class 2 All uses -- 0.40 0.25 35 300 5,000 6:00 a.m./ 10:00 p.m. All uses 20 0.60 0.50 40 650 10,000 6:00 a.m/ 12:00 p.m. Class 3 All uses 30 0.70 0.80 50 1,000 20,000 6:00 a.m./ 12:00 p.m. Class 4 All uses 40 0.80 1.00 75 1,500 50,000 24 hours Class 5 All uses 50 0.90 1.40 150 2,500 100,000 24 hours Class 6 All uses 50+ 0.90+ 1.40+ 150+ 2,500+ 100,000+ Class 7 *Based on Institution of Transportation Engineers' Trip Generation manual. Note: The column showing the highest land use intensity class will determine the land use intensity for the land use. TABLE 36-115D Open Space Requirements (Code 1976, § 14:5-2.1; Ord. No. 2192-01, 3-5-2001; Ord. No. 2220-02, § 2, 3-18-2002; Ord. No. 2226-02, § 2, 6-3-2002; Ord. No. 2228-02, § 2, 7-15-2002; Ord. No. 2234-02, § 2, 12-2- 2002; Ord. No. 2239-03, 4-7-2003; Ord. No. 2267-04, 4-12-2004; Ord. No. 2312-06, 4-14-06; Ord. No. 2419-12, 9-14-2012; Ord. No. 2560-19, 6-17-19; Ord. No. 2598-20, 11-16-20) Secs. 36-116 – 36-140. Reserved. C1-Neighborhood Commercial NA NA 12% DORA 12% DORA NA NA C2-General Commercial NA NA 12% DORA 12% DORA NA NA O-Office NA NA 12% DORA 12% DORA NA NA MX-1 Vertical Mixed Use NA NA 12% DORA 12% DORA 12% DORA 12% DORA Reductions may be allowed via the PUD process, if the development meets certain criteria. OLA = Open Lot Area DORA = Designed Outdoor Recreation Area Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 32 ARTICLE IV. ZONING DISTRICTS Division 2. Land Use Descriptions and Characteristics Sec. 36-141. Purpose of division. (a) The land use categories permitted by this chapter are described by this section. Section 36-3(b)(2) empowers the zoning administrator to make interpretations identifying which land use category a proposed land use fits within. (Code 1976, § 14:5-3.1) Sec. 36-142. Descriptions. (a) Residential uses. The following are typical of the residential uses referred to in this chapter. (1) Dwelling, single-unit detached means a fully detached unit located on an individual lot and intended for occupancy by a single-household. This includes a manufactured home. (2) Dwelling, two-unit (duplex) means a residence designed for or occupied by two (2) households living independently of one another, with both units on one (1) parcel. (3) Dwelling, attached two-unit (twinhome) means a dwelling unit designed for or occupied by two (2) households, where the units share at least one (1) common wall and each unit is on its own individual parcel. (4) Dwelling, detached courtyard cottage/bungalow means a cluster of multiple, individual detached dwelling units arranged around a shared courtyard or open space that is typically perpendicular to the street and where the shared courtyard takes the place of individual rear yards. (5) Dwelling, three units means a single residential structure on a single lot which is designed for the occupancy of three (3) households living independently of one another; the units may share a common entrance or have individual entrances. (6) Dwelling, four units means a single residential structure on a single lot which is designed for the occupancy of four (4) households living independently of one another; the units may share a common entrance or have individual entrances. (7) Dwelling, townhouse means a single residential unit which is located within a larger residential structure containing multiple units and which is separated from the adjoining dwelling unit(s) by at least one (1) common wall. Each dwelling unit may be located on its own individual lot or on a common lot containing all of the attached units. Each dwelling unit shall have separate and individual entrances. A small townhouse dwelling is in a structure with three (3) or four (4) units, while a large townhouse dwelling is in a building with between five (5) and eight (8) units. (8) Dwelling, apartment means a multi-unit residential building that consists of side-by- side or stacked dwelling units on one (1) lot and typically with a shared common entrance. A low-rise apartment has no more than three (3) stories, a mid-rise Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 33 apartment has between four (4) and six (6) stories, and a high-rise apartment has seven (7) or more stories. (9)Dwelling, existing single-unit detached means a fully detached unit located on an individual lot and intended for occupancy by a single-household that was in existence prior to the XXXX. This includes a manufactured home. (10)Manufactured home park means a parcel of land under single control or ownership which has been developed for the placement of manufactured homes for residential use. (11)Roominghouse means a building where lodging is provided for between three and eight persons and is the primary residence of the owner. Lodging is available on an extended basis rather than daily or weekly. No provision for cooking is provided in any of the rooms occupied by lodgers. (12)Live-work unit means a dwelling unit that includes space for the gainful employment of a resident of the dwelling unit and up to two workers who may not be residents of the dwelling unit. The floor area devoted to the business use may not exceed the floor area devoted to the residential use within the unit. Any space that will be used by walk-in customers of the business must be accessible from an exterior entrance that is not used to access other residential units. With the exception of the exterior entrance, the business cannot substantially alter the exterior of the property or substantially affect the character of the neighborhood or the health, safety and welfare of the residents. The business space must be designed to permit conversion to residential space with minimum work and no structural changes. Uses which are not allowed include but are not limited to the following: uses classified as industrial; appliance, small engine and bicycle repair; motor vehicle sales; motor vehicle service and repair; pawnshops; animal handling; bars; food service; restaurants; private entertainment; and sexually-oriented businesses. (13) Garage sale means the temporary sale of home-crafted items and used household goods by the owner, resident and/or neighbors of a property. Garage sales include estate, rummage, basement, yard, porch or similar sales conducted at a residentially zoned and/or used property. (14)Accessory dwelling unit means a dwelling unit complying with the Minnesota State Building Code; which is located within a principal single-family residential dwelling or in an accessory structure to a single-family residential dwelling. The types of accessory dwelling unit include the following: a.An attached accessory dwelling unit is located within a principal residential dwelling. b.A detached accessory dwelling unit is located as a freestanding building on the same lot as the principal residential dwelling. (b)Human care uses. The following are typical of the human care uses referred to in this chapter. (1)Adult day care means a nonresidential facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure which is not the residence of the person being served or the facility operator. Some Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 34 characteristics of this use are similar to family day care and nursing homes. This use is appropriate in commercial areas provided there is accessibility to outdoor areas for sitting and exercise. Persons being served are most like nursing home residents. (2) Family day care means a facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours for a fee. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers or helpers are set forth in state law which may be amended from time to time. This use may be licensed by other agencies. It generates about four vehicle trip ends per child per day. (3) Group day care/nursery school means a nonresidential facility where childcare, protection and supervision services are provided for a fee on a regular basis for periods of less than 24 hours. This use requires a large, sensitively located outdoor play area and it generates about four vehicle trips per child per day. (4) State-licensed residential facility means a state-licensed and state-mandated residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The use includes outpatient group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state law which may be amended from time to time. Persons served may include the mentally retarded and severely physically handicapped. (5) Group home means occupancy of a residential structure by persons in need of specialized treatment or protection and resident staff who usually live together as a housekeeping unit for a limited period of time. This use may include outpatient group counseling, some supervision, forced detention, treatment for mental illness and drug addiction, protective shelter, half-way house, and release programs. The facility may be licensed by the state but is not mandated. (6) Hospital means a facility which provides health services primarily for human inpatient medical or surgical care, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices. Characteristics include large institutionally designed buildings, large volumes of traffic, large parking lots or ramps, 24-hour activity, service vehicles, large quantities of waste, and emergency vehicles. (7) Medical/dental office means a facility which provides direct delivery of health-related examination and services or treatment to customers on an appointment or walk-in basis; and includes counseling, consultation, chiropractic and podiatry. The use may include a supporting retail component for medicine, health-related food, or other product. (8) Nursing home means a licensed health care facility providing lodging and 24-hour care for medically or physically impaired persons usually on a long-term basis. Residents of the facility do not have private apartments or kitchens. This use includes a food service and may include supporting medical and retail services for the residents. A quiet area is preferred. (Ord. No. 2267-04, 4-12-04) (9) Funeral home means a facility where funeral services are held and where embalming and other processes occur in preparation of the dead for burial. It may include the Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 35 storage of caskets, funeral urns and other related funeral supplies, and it usually provides vehicles to transport the dead to the place of burial. This use does not include a crematorium. Characteristics include intermittent periods of high traffic generation. (c) (c) Institutional uses. The following are typical of the institutional uses referred to in this chapter. (1) Antenna means any free-standing structure or device attached to a building, pole, tower, utility structure, or similar structure used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to small wireless facilities, wireless facilities, wireless telecommunication facilities, directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni- directional antennas, such as whip antennas, except for Building-Mounted antennas for private use on the premises where it is located, such as amateur radio antennas, and antennas receiving television or radio signals. (Ord. No. 2367-09, 1-23-09; Ord. No. 2555-19, 3-18-19) (2) Communication tower means a free-standing structure the primary purpose of which is to support one or more antennae and includes accessory uses directly related to the tower, such as utility buildings. Communication tower includes wireless support structure. (Ord. No. 2367-09, 1-23-09; Ord. No. 2555-19, 3-18-19) (3) Community centers means a place, structure, area or other facility which is open to the public and designed to accommodate and serve significant segments of the community and which is used for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops. (4) Education/academic. a. Public means neighborhood or district based education services normally provided to children through young adult age. The use may include evening or off-hour service to adults in the community. This use generally includes an accessory food service and some retail facilities to serve students and facility. b. Private means community or regional based education services normally provided to persons through young adult age. The facilities are similar to public education facilities. (5) Library means a facility where collections of books and other materials are housed in a building which is open to the public during regularly scheduled hours which may include days and evenings. Books and other materials may be available for loan. Characteristics may include high parking demand and high traffic generation. (6) Museums/art galleries means a facility which houses collections of artifacts, paintings or sculpture in a building which is open to the public during regularly scheduled hours which may include weekend days and evenings. (7) Parks/open space means passive recreation including hiking trails, natural areas, wild life areas, arboretums, open grass areas and tot lot. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 36 (8) Parks/recreation means areas for active outdoor recreation activities such as baseball diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools, fitness courses and driving ranges. (9) Police/fire stations means facilities designed to serve the public health and safety. They may include an office component, the storage of fire trucks, police cars and equipment, and the boarding of personnel within an enclosed building. Characteristics may include sporadic periods of loud noise, sirens, and activity. (10) Public service structure means facilities which include water towers, utility and public service related distribution facilities, and wastewater and storm drainage structures, but exclude utility substations. These facilities are normally serviced by small trucks several times per day and by larger vehicles or equipment on a periodic basis. Associated buildings typically have large windowless walls and an institutional appearance. (11) Religious institution means a facility where people gather to relate or manifest faithful devotion to an acknowledged ultimate reality or deity. This use is characterized by meeting rooms, education and training about the religion, worship practice, indoor activities, intermittent parking needs, group singing or chanting, and music. The assembly typically meets on weekends or evenings. Accessory uses which may accompany the principal use include day care, park and ride, and dwelling units for clergy, employees, or persons similarly associated with the Religious Institution. (Ord. No. 2514-17, 3-20-17) (12) Utility substation means a structure of electrical components to transform high voltage electricity into lesser voltages to make it suitable for distribution to end users. The use consists of a large structure and numerous power lines which are difficult to screen and are classified as land use intensity 10. This use has minimal outdoor activity and traffic generation. (13) Golf course means a facility for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms and incidental sale of golf related items, and off-street parking facilities. (14) Country club means a golf course and associated clubhouse which may contain locker and shower rooms, dining and bar facilities, meeting rooms and other spaces for large social functions. Country clubs are typically open only to members and characteristics may include significant trip generation on evenings and weekends. (15) Mikvah pool means a ceremonial pool that is constructed to meet certain traditional requirements to serve primarily Jewish women. The use is characterized by very low traffic volumes primarily during evening hours. (16) Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (Ord. No. 2555-19, 3-18-19) (17) Small wireless facility. (Ord. No. 2555-19, 3-18-19) a. A wireless facility that meets both of the following qualifications: Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 37 b. Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and 1. All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or 2. A micro wireless facility (18) Wireless facility. Equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. (Ord. No. 2555-19, 3-18-19) (19) Wireless service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). (Ord. No. 2555-19, 3-18-19) (20) Wireless support structure. A new or existing structure designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. (Ord. No. 2555-19, 3-18-19) (21) Wireless telecommunication facility. Equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. (Ord. No. 2555-19, 3-18-19) (Ord. No. 2555-19, 3-18-19) (d) Commercial uses. The following are typical of the commercial uses referred to in this chapter. (1) Animal handling means the sale, boarding, treatment and care of privately-owned small animal pets which may include dogs, cats, other mammals, fish and reptiles but excludes large animals such as horses, farm animals or animals raised for slaughter. Characteristics may include special refuse, storage, noise, odor and other nuisance characteristics. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 38 (2) Animal handling, limited means any animal handling use such as veterinary clinics, pet stores, and pet grooming that do not include boarding, daycare, or outdoor off leash recreation space for animals. The use may require an animal to be kept overnight on-site for treatment but does not include boarding or animal daycares. (Ord. No. 2621-21, 7-6-2021) (3) Appliance, small engine, and bicycle repair means maintenance and repair of appliances, small engines, bicycles, and similar items. Characteristics include some outdoor activity and noise. (4) Automatic carwash means a facility designed to wash automobiles and light trucks with little or no human intervention. The facility utilizes automated equipment and wash cycles are relatively short. These facilities are typically accessory to other automotive related land uses and may sporadically cause congestion on its site. (5) Bank means a facility for the deposit, management, and lending of money, frequently with accessory drive-up facility. This use includes banks and savings and loans but not insurance companies and stock brokerage firms. Characteristics may include high peak hour traffic on certain days. (6) Bar means a facility where the primary use is the sale of alcoholic beverages for consumption on the premises. Minors are excluded from entry by law. Characteristics include late hours, high parking demand, noise, trash and litter and heavy off-peak traffic. Use is often found in conjunction with restaurants, hotels and night clubs. (7) Bed and breakfast establishment means a private, owner-occupied residence with guestrooms where temporary lodging facilities and some meals are provided to paying lodgers within single-family or two-family dwellings. The lodging is subordinate and incidental to the main residential use of the building. Indoor recreational facilities for the use of the residents and paying lodgers may be included. (8) 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. (Ord. No. 2449-13, 11 -15-2013) (9) 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) (10) 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. (11) 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. (Ord. No. 2349-08, 02-22-08) (12) 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 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 39 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. (13) Firearms sales means a retail use that includes the sale, lease, or purchase of firearms or ammunition. (Ord. No. 2449-13, 11-15-2013) (14) 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. (15) Home occupation means an occupation, profession, or activity conducted in 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. (Ord. No. 2562-19, 6-17-19) (16) Hostel 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. (17) 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 non-lodgers are not considered accessory uses. (18) 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. (19) Liquor store means a facility principally for the retail sale of pre-packaged alcoholic beverages for off-premise consumption. (Ord. No. 2449-13, 11 -15-2013) (20) Marijuana dispensary means a dispensary location where patients or consumers can access cannabis in a legal and safe manner. Users get assistance from experts (bud tenders) who find an optimal dosage and recommend the delivery method to achieve optimal results when using medical cannabis. (Ord. No. 2602-21, 1-4-21) (21) 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. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 40 (22) Microdistillery means a distillery producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (Ord. 2492-16, 5-16- 16) (23) Microdistillery cocktail room. The on-sale sale of distilled liquor produced by the distiller on the premises of or adjacent to a microdistillery location owned by a distiller. (Ord. 2492-16, 5-16-16) (24) Motor fuel station means a facility which supplies and dispenses at retail motor fuels, including electrical charging, 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. Motor fuel stations may also include facilities for the retail electric charging of vehicles. 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. (Ord. No. 2551-19, 1-22-19) (24) 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) (25) 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. (26) 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. (27) 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. (28) 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 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 41 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) (29) 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) (30) 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) (31) 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. (32) 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. (33) 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. (34) 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. (35) 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 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 42 stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, motor fuel stations, and large item retail. (36) 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. (37) 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) (38) Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. a. Limited impact sexually-oriented business means a business where sexually- oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided, and which meets the following restrictions: 1. All sexually-oriented materials must be provided for use or entertainment off the business premises only; 2. All sexually-oriented materials must be provided from a separate area to which persons under the age of 18 years are prohibited access; 3. The separate area may not exceed a maximum of 20 percent of the retail floor area of the establishment, or 300 square feet, whichever is less; 4. No person outside the separate area shall be able to perceive or observe any sexually oriented materials at any time, including when someone is entering or exiting the separate area, shopping, or purchasing sexually-oriented materials; 5. A sign must be displayed on the entrance to the separate area, which shall read: "No person under the age of 18 years is allowed in this area." The sign letter shall be a minimum of two inches high; and 6. The entry into the separate area shall be visible to an employee of the business at all times. b. High impact sexually-oriented business means any business with materials or entertainment which are principally related to sexual stimulation or gratification other than a limited impact sexually-oriented business. Examples of a high impact sexually-oriented business include the following: 1. A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited, or otherwise provided for use or entertainment on the business premises; Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 43 2. A business where specified sexual activities (as defined herein) are explicitly verbally described or shown; 3. A business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; 4. A business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as a limited impact sexually-oriented businesses; and 5. A business providing sexually-oriented materials for off-site use or entertainment, where the sexually oriented materials are dispersed within the business rather than isolated in a separate area. c. Definitions. For the purpose of this subsection, the following definitions shall apply: 1. Sexually-oriented materials means visual, printed, or aural materials, and other objects or devices, which: i. Contain, depict, or describe specified sexual activities or specified anatomical areas; and ii. Are marketed for use in conjunction with, or are primarily used only with or during, the specified sexual activities described in subsections (a)(28)c.3.ii., (a)(28)c.3.iii. and (a)(28)c.3.vi. of this section, or as part of the binding, fettering, or other physical restraint described in subsection (a)(28)c.3.v. of this section. iii. Specified anatomical areas means: iv. Less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and v. Human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. 2. Specified sexual activities means: i. Actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; ii. Actual or simulated masturbation; iii. Actual or simulated sadism or masochism; iv. Actual or simulated sexual stimulation of any kind; v. Situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering, or other physical restraint of that or another person; and vi. Sexually-oriented touching of an animal by a human. d. Sexually-oriented businesses. Sexually-oriented businesses exclude the following: Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 44 1. Any material with significant literary content or social commentary. 2. A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if: the material harmful to minors on each item is blocked from view by an opaque cover as required under M.S.A. § 617.293, and each item is behind the counter and accessible only by an employee of the business. 3. Displays of sexually-oriented materials may occur up to six times per year without rendering a business a high impact sexually-oriented business, if the displays are limited to an area which has been leased to a person or business for their exclusive occupancy for a private party, and the only people in attendance have received advance invitation from that person or company. 4. Any person or organization exempted under M.S.A. § 617.295. 5. Any activity regulated under M.S.A. § 617.251. 6. Any business may display works of art showing specified anatomical areas, so long as no sexually-oriented materials are for sale, and the business does not have a liquor license. 7. Movies rated G, GP, PG-13 or R. (39) 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) (40) Studio means a facility where the practice or study of the visual and audio arts occurs. This use may include painting, sculpturing, 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. (Ord. No. 2349-08) (41) Taproom means a facility where on-sale of malt liquor produced by the brewer for consumption on the premises of, or adjacent to, the brewery location owned by the brewer at which the malt liquor is produced. (Ord. No. 2449-13) (e) Industrial uses. The following are typical of the industrial uses referred to in this chapter. (1) Anaerobic digester is an enclosed system in which controlled anaerobic digestion occurs, converting organic material into end-products such as biogas, fertilizer, water or other solids. Characteristics may include truck traffic, odor or noises. (Ord. No. 2452-14) (2) Autobody/painting means a facility for painting, straightening, replacing and repairing the frame and body parts of motor vehicles usually damaged as result of an accident. It includes the outdoor storage of damaged and dismantled vehicles, and may generate odor and noise. This use excludes junkyards and automobile wrecking yards. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 45 (3) Catering means an operation where food is either fully or partially prepared on site and delivered to the customer off site for final preparation and consumption. Characteristics include truck traffic, refuse storage issues, limited on-site public contact, and possible odors from materials and processing. (4) Composting operation means the collection, storage, processing, disposal and distribution of vegetation. Characteristics may include odor, unsightly appearance, truck traffic and heavy equipment. Recycling of nonorganic materials is excluded. (5) Freight terminal means short term storage and transshipment of materials and the outdoor storage of trucks and related equipment. Characteristics include high volumes of large truck traffic. (6) 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. (Ord. No. 2414-12) (7) 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 distribution. This use does not include outdoor storage or overnight outdoor storage of commercial vehicles. (Ord. No. 2414-12) (8) Manufacturing/processing means a facility for the production of a physical commodity or changing the form of a raw ingredient. It may include administrative offices, warehousing, and limited distribution and sale of a commodity. Characteristics may include heavy truck traffic, odor and noise of processes and equipment, refuse storage issues, and the use of toxic and hazardous materials. Concrete plants, junkyards, slaughterhouses, rendering plants, salvage yards, and auto reduction plants are excluded. (9) Office warehouse means a facility in which the handling of information or the performing of administrative services is conducted in conjunction with receiving, holding, shipping and occasional packaging of commodities. Characteristics include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of operation, high truck traffic generation and parking demand. (10) Outdoor storage means the receiving, keeping and shipping of goods and materials outside of an enclosed building where outdoor activity includes only the unloading, loading, and keeping of materials. This use may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard, salvage yard or auto reduction plant are excluded. (11) Parcel delivery service/post office means a facility for the transshipment of letters and packages generally less than 100 pounds in weight. Customers may purchase Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 46 stamps, money orders, insurance, and other mail services. Hours of operation are similar to those of offices, but may include Saturdays. Characteristics include high volumes of truck and automobile traffic and vehicles stored on premises overnight. (12) Recycling operation means a facility located within an enclosed building for the collection, sorting, temporary storage, and shipment of recoverable resources including, but not limited to, newspapers, cardboard, glassware, metal cans and plastic. (13) 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. (Ord. No. 2414-12, 6-1-12) (14) Showroom means the display only of samples of merchandise and equipment where a sales agreement with a consumer is conducted and delivery of purchased merchandise is made from a warehouse that is not accessible to the consumer and is physically separated from the showroom by a minimum eight-foot-tall permanent wall. Merchandise or equipment which is displayed is typically large bulky items and includes, but is not limited to, furniture, appliances, plumbing fixtures, lighting, and carpeting. Characteristics include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and during some weekend hours. (15) Warehouse/storage means a facility for receiving, holding, shipping and occasional packaging of commodities. With the exception of loading and unloading of commodities, and parking and storage of trailers, all functions shall be within an enclosed building. Characteristics may include high truck traffic generation and low parking demand. This use may include, but is not limited to, conventional warehouse facilities, mini warehouse, and joint warehouse and storage facilities. (f) Transportation uses. The following are typical of the transportation uses referred to in this chapter: (1) Heliport means a facility for the landing, taking off, basing, service, and repair of helicopters used for transportation purposes. Characteristics include noise and the outdoor storage of helicopters. (2) Helistop means a facility for the landing and taking off of helicopters used for transportation purposes but with no facilities for the service of helicopters. Characteristics include intermittent periods of noise. (3) Off-street parking areas means private off-street parking spaces that are not accessible to the public. (Ord. No. 2444-13, 8-30-13) (4) Parking lots means surfaced and improved ground surface areas used for the parking of licensed and operable motor vehicles for periods of less than 24 hours. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 47 (5) Parking ramp means a structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours. Characteristics may include noise, exhaust fume odor, heavy traffic and large structure mass and footprint. (6) Transit stations means on-site loading, unloading and transferring of passengers on, off or between public transportation ground vehicles. Parking lots and parking ramps frequently are located in conjunction with the station. (g) Temporary uses. The following are typical of the temporary uses referred to in this chapter: (1) Agricultural commodities sales means the temporary display and sale of Christmas trees and other greens which are associated with Christmas, flowers and produce. (2) Building construction structure means a structure used by a contractor or leasing agent as an office or for storage purposes for a construction project for which a building permit has been secured and is in effect. This use includes construction trailers, sales and leasing. (3) Carnival and festivals mean carnivals, festivals, community art fairs, and other activities that include uses such as entertainment, amusement rides, and/or the sale of food and merchandise. This use shall not include sales or promotional events offered by businesses with the intent of selling product or services identical or similar to those typically sold or conducted on the lot. (4) Mobile Use means a commercial activity conducted as a temporary use within a vehicle. (5) Mobile Use-Food means a vehicle or cart used to sell food and/or beverages to the consumer. It may or may not involve preparation of the food or beverage inside the vehicle. (Ord. No. 2563-19, 7-15-19) (6) Mobile Use-Medical means a vehicle used for the following: blood mobiles, immunization, medical evaluation, imaging, diagnostic or testing procedure. Mobile Use-Medical also includes pet care when limited to immunizations and exams. Mobile Use – Medical does not include massage or any type of treatment or surgery. (7) On-site equipment storage means any structure or outdoor storage area designed for the on-site storage of construction equipment and materials for an active construction project. (8) Outdoor sales, temporary, means the display and sale of merchandise other than agricultural commodities outside of an enclosed building where it is offered in conjunction with an established use that legally sells the same or similar merchandise within a building on the same site. Characteristics include the use of tents, trailers, or other temporary structures. (9) Pollution abatement equipment means equipment and structures that are erected or installed on a property for the purpose of eliminating or abating ground or water pollution. (10) Temporary structure means a building other than a construction structure used for a period not exceeding six months. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 48 (Code 1976, § 14:5-3.2; Ord. No. 2168-00, 5-15-2000; Ord. No. 2188-01, 2-5-2001; Ord. No. 2220-02, § 2, 3-18-2002; Ord. No. 2225-02, § 2, 6-3-2002; Ord. No. 2228-02, § 2, 7-15-2002; Ord. No. 2234-02, § 2, 12-2-2002; Ord. No. 2311-06, 1-27-2006; Ord. No. 2349-08, 2-22-2008; Ord. No. 2358-08, 8-14-2008; Ord. No. 2367-09, 1-23-2009; Ord. No. 2369-09, 1-30-2009; Ord. No. 2402-11, 8 -12-2011; Ord. No. 2414-12, 6-1-2012; Ord. No. 2443-13, 7-13-2013; Ord. No. 2444-13, 8-5-2013; Ord. No. 2449-13, 11 -15-2013; Ord. No. 2452-14, 5-2-2014, Ord. 2492-16, 5-16-16; Ord. No. 2514-17, 3-20-17; Ord. No. 2551-19, 1-22-19; Ord. No. 2562-19, 6-17-19; Ord. No. 2563-19, 7-15-19; Ord. No. 2596-20, 10-19-20; Ord. No. 2602-21, 1-4-21; Ord. No. 2621-21, 7-6-2021) Secs. 36-143 Sec. 36-143. – 36-149. Reserved. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 49 ARTICLE IV. ZONING DISTRICTS Division 4. Neighborhood District Regulations Sec. 36-161. Purpose of Division (a)The provisions of this division deal with the city’s neighborhood districts including the appropriate uses of land and the forms of structures for residential and compatible non- residential uses. Sec. 36-162. Purpose Statements (a)The N-1 district is intended for lower intensity neighborhood areas dominated by neighborhood streets and portions of multi-modal streets. This district allows a compatible mix of housing types at the scale of a house, including individual houses on a mix of lot sizes, clusters of smaller courtyard cottages/bungalows, and multi-unit houses with up to three units. This district is appropriate for areas with a curvilinear street pattern or a street grid/traditional block pattern, including blocks with and without alleys. This district is intended to enable upgrades to existing housing as well as supporting new development or redevelopment that complements a neighborhood’s existing street, block, lot, and housing patterns. . (b)The N-2 district is intended for neighborhood areas along commercial corridors, neighborhood commercial nodes, multi-modal streets, and transit-priority streets. This district allows a compatible mix of house scale and low-rise housing types, including individual houses on a mix of lot sizes, clusters of smaller courtyard cottages/bungalows, multi-unit houses, small townhouse buildings, and low-rise apartment buildings. This district is appropriate for areas with a street grid/traditional block pattern with alleys or larger blocks with internal street circulation. This district is intended to enable upgrades to existing housing as well as supporting new development or redevelopment that complements a neighborhood’s existing street, block, lot, and housing patterns. . (c)The N-3 district is intended for neighborhood areas within or adjacent to employment areas, commercial centers and corridors, large multi-use districts, schools, LRT station areas, neighborhood commercial nodes, community parks, and regional trails. This district allows a compatible mix of low- and mid-rise housing types, including multi-unit houses, small and large townhouse buildings, and low- and mid-rise apartment buildings. This district is appropriate for areas with a street grid/traditional block pattern with alleys or larger blocks with internal street circulation. This district is intended to enable upgrades to existing housing as well as supporting new development or redevelopment that complements a neighborhood’s existing street, block, lot, and housing patterns. . (d)The N-4 district is intended for neighborhood areas in high intensity districts, commercial centers, LRT station areas, as well as adjacent to transit-priority streets, multi-modal streets, community schools, and community parks. This district allows a mix of high-rise housing types, including large townhouse buildings, mid- and high-rise apartment buildings, and mixed-use apartment buildings. This district is appropriate for areas with larger blocks with internal street circulation or a street grid/traditional block Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 50 pattern, including blocks with and without alleys. This district is intended to enable upgrades to existing housing as well as supporting new development or redevelopment that complements a neighborhood’s existing street, block, lot, and housing patterns. . Sec. 36-163. Principal Uses (a) Table XX lists land uses and indicates whether they are permitted, permitted with standards, conditional, or prohibited. (b) The following definitions shall be referenced when using Table XX: (1) Permitted Use: A “P” indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this code. (2) Permitted with Standards Use: A “PS” indicates that a use is allowed when standards identified in section 36-168 “Use-Specific Standards, Principal” are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance. (3) Conditional Use: A “C” indicates that a use is allowed only if a conditional use permit is issued by the city after compliance with the procedure and requirements set forth in section XX “Conditional Use Permit.” (4) Prohibited Use: A blank cell in the use table indicates that the land use is prohibited in that zoning district. (c) In the event a proposed use is not listed in the use table, the zoning administrator is authorized to classify the proposed use into an existing use type as set forth in Table XX that the zoning administrator determines most closely fits the proposed use. The zoning administrator shall consider functional similarities between uses listed and the proposed use including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is designated as "permitted," "permitted with standards," or "permitted as a conditional use". (1) If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use. (2) If no similar use determination is made by the zoning administrator, the proposed use is prohibited. In such case, one of the following actions may be taken: a. The applicant may appeal the determination to the board of zoning appeals under the provisions of subsection 36-31(a). b. The city council on its own initiative may amend this article to allow the proposed use. c. An interested party may request an amendment to this chapter in accordance with the procedure and requirement set forth in section XX “Zoning Code Amendment.” Table XX. Principal Uses in Residential Districts Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 51 Residential Use Type N-1 N-2 N-3 N-4 Residential Household Living Dwelling, single-unit PS PS Dwelling, single-unit small PS PS Dwelling, two-unit (duplex) PS PS Dwelling, two-unit attached (twinhome) PS PS Dwelling, detached courtyard cottages/bungalows PS PS Dwelling, three-unit PS PS Dwelling, four-unit PS Dwelling, townhouse (small) PS PS PS Dwelling, apartment (low-rise) PS PS PS Dwelling, townhouses (large) PS PS Dwelling, apartment (mid-rise) PS PS Dwelling, apartment (high-rise) PS Manufactured home park C C C C Dwelling, existing single-unit detached PS PS PS PS Group Living State-licensed residential facility PS PS PS PS Roominghouse P P P Group home PS PS PS PS Nursing home PS PS PS Lodging Bed and breakfast establishments PS PS Hostel PS PS Public, Social, & Institutional Community centers PS PS PS PS Educational (academic) facilities with 20 or fewer students PS PS PS PS Educational (academic) facilities with more than 20 students C C C C Libraries PS PS PS PS Parks and open spaces PS PS PS P Parks/recreation PS PS PS PS Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 52 Residential Use Type N-1 N-2 N-3 N-4 Police/fire station PS PS PS PS Religious institutions C C C C Commercial Uses Personal Services and Business Adult day care PS PS PS PS Group day care/nursery school PS PS PS PS Office less than 2,500 square feet PS PS PS Office in existence or having received preliminary office development approval by March 1, 1999 P P Recreation Country clubs C Golf courses C Healthcare Hospital C C Transportation and Utilities Communication towers that are 45 feet or less in height PS PS PS PS Communication towers more than 45 feet in height but not to exceed 70 feet in height C C C C Public service structures PS PS PS PS Transit stations P P P Sec. 36-164. Accessory Uses (a) Table XX lists accessory land uses and indicates whether they are permitted, permitted with standards, conditional, or prohibited. (b) The following definitions shall be referenced when using Table XX: (1) Permitted Use: A “P” indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this code. (2) Permitted with Standards Use: A “PS” indicates that a use is allowed when standards identified in section 36-169 “Use-Specific Standards, Accessory” are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 53 (3) Conditional Use: A “C” indicates that a use is allowed only if a conditional use permit is issued by the city after compliance with the procedure and requirements set forth in section XX “Conditional Use Permit.” (4) Prohibited Use: A blank cell in the use table indicates that the land use is prohibited in that zoning district. (c) In the event a proposed use is not listed in the use table, the zoning administrator is authorized to classify the proposed use into an existing use type as set forth in Table XX that the zoning administrator determines most closely fits the proposed use. The zoning administrator shall consider functional similarities between uses listed and the proposed use including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is designated as "permitted," "permitted with standards," or "permitted as a conditional use". (1) If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use. (2) If no similar use determination is made by the zoning administrator, the proposed use is prohibited. In such case, one of the following actions may be taken: a. The applicant may appeal the determination to the board of zoning appeals under the provisions of subsection 36-31(a). b. The city council on its own initiative may amend this chapter to allow the proposed use. c. An interested party may request an amendment to this chapter in accordance with the procedure and requirement set forth in section XX “Zoning Code Amendment.” Table XX. Accessory Uses Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 54 Residential Use Type N-1 N-2 N-3 N-4 Accessory Uses Accessory dwelling unit PS PS Accessory dwelling units affiliated with a Religious Institution PS PS PS PS Accessory building PS PS PS PS Adult day care in a religious institution, community center, or nursing home PS PS PS PS Boarders or roomers PS PS PS PS Catering PS P Community garden PS PS PS PS Family day care facilities serving 14 or fewer persons PS PS PS PS Gardening and other horticultural uses P P P P Group day care/nursery school in a religious institution, community center, or educational (academic) institution PS PS PS PS Helistops PS PS Home occupations PS PS PS PS Living quarters of persons employed for domestic or medical purposes on the premises PS PS PS PS Mikvah pools PS PS PS PS Parking lot P P P P Parking ramps PS PS Residential sport court PS PS PS PS Residential swimming pool PS PS PS PS Supportive commercial use PS PS Sec. 36-165. Lot Dimension Standards (a) Table XX establishes the minimum lot width and lot area standards for the N-1, N-2, N- 3, and N-4 districts. Table XX. Lot Dimensional Standards Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 55 District Housing Type Lot width minimum with alley (ft)1 Lot width minimum without alley (ft)1 Lot area minimum with alley (sq ft)1 Lot area minimum without alley (sq ft)1 N-1 Dwelling, single-unit small [only lots with alleys] 30 3,600 Dwelling, single-unit 40 50 4,800 6,000 Dwelling, two-unit (duplex) 40 50 4,800 6,000 Dwelling, two-unit attached (twinhome) 25 [50] 35 [70] 3,125 [6,250] 4,375 [8,750] Dwelling, detached courtyard cottages/bungalows 100 110 13,000 14,300 Dwelling, three-unit 60 70 7,800 9,100 Dwelling, single-unit small [only lots with alleys] 30 3,600 Dwelling, single-unit 40 50 4,800 6,000 Dwelling, two-unit (duplex) 40 50 4,800 6,000 Dwelling, two-unit attached (twinhome) 25 [50] 35 [70] 3,125 [6,250] 4,375 [8,750] N-2 Dwelling, detached courtyard cottages/bungalows 100 110 13,000 14,300 Dwelling, three-unit 60 70 7,800 9,100 Dwelling, four-unit 60 70 7,800 9,100 Dwelling, townhouse (small) 20 20 2,600 2,600 Dwelling, apartment (low-rise) 60 70 7,800 9,100 Dwelling, townhouse (small) 20 20 2,600 2,600 N-3 Dwelling, apartment (low-rise) 60 70 7,800 9,100 Dwelling, townhouse (large) 20 20 2,600 2,600 Dwelling, apartment (mid-rise) 60 70 7,800 9,100 Dwelling, townhouse (small) 20 20 2,600 2,600 Dwelling, apartment (low-rise) 60 70 7,800 9,100 N-4 Dwelling, townhouse (large) 20 20 2,600 2,600 Dwelling, apartment (mid-rise) 60 70 7,800 9,100 Dwelling, apartment (high-rise) 60 70 7,800 9,100 (b) Table XX Notes: (1) For N-3 and N-4 districts, minimum lot width and area requirements in table, except where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 56 Sec. 36-166. Site Dimension Standards (a) Table XX establishes the minimum yard setback standards for the N-1, N-2, N-3, and N- 4 districts Table XX. Setback Standards District Housing Type Front Yard Setback Minimum (feet)1,2 Side Corner Yard Setback Minimum (feet)3,4,5 Side Interior Yard Setback Minimum (feet) for Attached Garage or Lot with Alley4,5 Side Interior Yard Setback Minimum (feet) for Detached Garage on Lot without Alley4,5 Rear Yard Setback Minimum (feet)6 Perimeter Setback Minimum (feet) Dwelling, single- unit small [only lots with alleys] 25 15 5 9/5 25 Dwelling, single- unit 5 9/5 25 N-1 Dwelling, two-unit (duplex) 5 9/5 25 Dwelling, two-unit attached (twinhome) 5 9/5 25 Dwelling, detached courtyard cottages/ bungalows 10 Dwelling, three- unit 5 9/5 25 Dwelling, single- unit small [only lots with alleys] 25 15 5 9/5 25 Dwelling, single- unit 5 9/5 25 Dwelling, two-unit (duplex) 5 9/5 25 Dwelling, two-unit attached (twinhome) 5 9/5 25 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 57 District Housing Type Front Yard Setback Minimum (feet)1,2 Side Corner Yard Setback Minimum (feet)3,4,5 Side Interior Yard Setback Minimum (feet) for Attached Garage or Lot with Alley4,5 Side Interior Yard Setback Minimum (feet) for Detached Garage on Lot without Alley4,5 Rear Yard Setback Minimum (feet)6 Perimeter Setback Minimum (feet) N-2 Dwelling, detached courtyard cottages/ bungalows 10 Dwelling, three- unit 5 9/5 25 Dwelling, four-unit 5 9/5 25 Dwelling, townhouse (small) 10 10 25 20 feet if adjacent to N-1 district Dwelling, apartment (low- rise) 10 10 25 Dwelling, townhouse (small) 15 15 10 10 10 20 feet if adjacent to N-1 district N-3 Dwelling, apartment (low- rise) 10 10 10 Dwelling, townhouse (large) 10 10 10 30 feet if adjacent to N-1 or N-2 districts Dwelling, apartment (mid- rise) 10 10 10 Dwelling, townhouse (small) 15 15 10 10 10 20 feet if adjacent to N-1 district Dwelling, apartment (low- rise) 10 10 10 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 58 District Housing Type Front Yard Setback Minimum (feet)1,2 Side Corner Yard Setback Minimum (feet)3,4,5 Side Interior Yard Setback Minimum (feet) for Attached Garage or Lot with Alley4,5 Side Interior Yard Setback Minimum (feet) for Detached Garage on Lot without Alley4,5 Rear Yard Setback Minimum (feet)6 Perimeter Setback Minimum (feet) N-4 Dwelling, townhouse (large) 10 10 10 30 feet if adjacent to N-1 or N-2 districts Dwelling, apartment (mid- rise) 10 10 10 Dwelling, apartment (high- rise) 10 10 10 Half the building height if adjacent to N-1, N-2, or N-3 districts (b) Table XX Notes: (1) For N-1 and N-2 districts, minimum requirement in table or the front wall of the closest house on the block front, whichever is greater. See additional exceptions in Section 36-73. (2) For N-1 and N-2 districts, through lots shall have a required front yard on each street. (3) Except that a lot of record that is less than the minimum lot width shall have a minimum side yard abutting a street that is 9 feet in width. (4) The width of the side yard abutting a building wall shall be increased two inches for each foot the length of the wall of the building exceeds 40 feet (N-1, N-2) or 50 feet (N-3, N-4). a. For the purposes of applying this subsection, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. b. Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line. c. The minimum side yard shall be met by the average depth of the side yard. No side yard shall be less than five feet deep. d. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 59 (5) For N-1 and N-2 districts, if a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot that abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 30 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram. Common Rear / Side Lot Lines (c) Table XX establishes the minimum building, outdoor recreation, and lot coverage for the N-1, N-2, N-3, and N-4 districts. Table XX. Building, Outdoor Recreation, and Lot Coverage Standards District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum Dwelling, single- unit small [only lots with alleys] 30 35% 60% Dwelling, single- unit 35% 60% N-1 Dwelling, two-unit (duplex) 35% 60% Dwelling, two-unit attached (twinhome) 35% 60% Dwelling, detached courtyard 10 35% 60% Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 60 District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum cottages/ bungalows Dwelling, three- unit 35% 60% Dwelling, single- unit small [only lots with alleys] 40 35% 60% Dwelling, single- unit 35% 60% Dwelling, two-unit (duplex) 35% 60% Dwelling, two-unit attached (twinhome) 35% 60% N-2 Dwelling, detached courtyard cottages/ bungalows 10 35% 60% Dwelling, three- unit 35% 60% Dwelling, four-unit 35% 75% Dwelling, townhouse (small) 15 12% 75% Dwelling, apartment (low- rise) 15 12% 80% Dwelling, townhouse (small) 75 15 12% 75% N-3 Dwelling, apartment (low- rise) 1/2 the building height 12% 80% Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 61 District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum Dwelling, townhouse (large) 15 12% 80% Dwelling, apartment (mid- rise) 1/2 the building height 12% 85% Dwelling, townhouse (small) More than 75 15 12% 80% Dwelling, apartment (low- rise) 1/2 the building height 12% 80% N-4 Dwelling, townhouse (large) 15 12% 80% Dwelling, apartment (mid- rise) 1/2 the building height 12% 85% Dwelling, apartment (high- rise) 1/2 the building height 12% 85% (a) Table XX Notes: (1) Building height maximum is subject to exceptions in section 36-78. Sec. 36-167. District Standards (a) For N-1 and N-2 districts, a single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is derived, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard. (b) For N-3 and N-4 districts, all dwelling units shall be at or above the grade of all land abutting the structure within a distance of 25 feet from all faces of the building. (c) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common lot do not exceed the maximum density permitted within the zoning district. Provisions for designed outdoor recreation area may be provided on a common lot. Any front, rear, and side yard dimensions required by section 36-166 shall apply from the building face to the property line of the common lot. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 62 (d) Structures or properties. All structures or properties within any N district shall comply with the following regulations: (1) No accessory building or permanent structure shall be located in a drainage or utility easement without first obtaining approval of an encroachment agreement. (2) All trash, garbage, waste materials, trash containers, and recycling containers shall be stored in a manner provided in this chapter. (3) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single- or two-unit dwellings. In addition, any new service to an existing building other than a single- or two-unit dwelling shall be placed underground. (4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single- or two-unit dwellings. (5) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single- or two-unit dwellings. (6) All single- and two-unit dwellings shall: a. Be built on a permanent foundation; b. Be connected to the city sanitary sewer and water; and c. If the dwelling is a manufactured home, it shall: 1. Have a permanent, completely enclosed foundation which complies with the state manufactured home building code and which is constructed around the entire circumference of the structure. 2. Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (e) Parking and storing of vehicles. The parking or storing of any motor vehicle, recreation vehicle, or commercial vehicle is subject to all restrictions in this subsection and under section 36-361. (1) Purpose. The city council finds that in areas set aside by this chapter for residential development certain performance standards are desirable in order to preserve neighborhood character, public health and safety, property values, and allow all residents a reasonable use and enjoyment of property. To this purpose, the city council finds that the use and possession of commercial and recreational vehicles are an important factor in the lives of a substantial number of residents of the city. The council finds that certain types and sizes of commercial and recreational vehicles, the improper storage of commercial and recreational vehicles, and the parking of and storage of excessive numbers of vehicles can affect the neighborhood character as well as public health and safety, property values, and the reasonable use and enjoyment of neighboring properties. While the ability of recreational vehicle Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 63 owners to provide for the security of and access to their vehicles is a reasonable expectation, they have a responsibility to respect the rights of residents, owners, and users of neighboring properties and to avoid interference with the purposes of the zoning district in which they are located. The city council further finds that the establishment of these regulations furthers the goals in the city's comprehensive plan relative to enhancement of residential neighborhoods and similar goals expressed in Vision St. Louis Park. The city council establishes these regulations as a means to balance the interests of the owners of commercial and recreational vehicles, adjacent residents and the public. (2) Except as provided in subsections (b)(3) and (b)(9) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any N district which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Six thousand five hundred pounds, empty weight including the box. (3) One recreational vehicle which exceeds any of the limits set forth in subsection (b)(2) of this section and is owned by the occupant of the premises can be parked in the back yard area if: a. The vehicle is parked no closer than five feet from any property line. b. If the property has more than a two-unit dwelling, the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: 1. Any park. 2. Any abutting residentially developed property. 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76. A six -foot-high gate may be placed in the fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 64 (4) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the N-1 and N-2district: a. No more than three vehicles can be parked or stored outside an enclosed building on a lot that contains a single-unit dwelling. For a two-unit dwelling (duplex), six vehicles can be parked or stored outside. If there are more than three persons residing at a single-unit dwelling, inclusive of an accessory dwelling unit or a boarder, who have valid state driver's licenses showing the residence addresses on the lot, then the total number of vehicles allowed to be parked outside is increased to a number equal to the number of licensed drivers residing at the property not to exceed five vehicles. The provisions of this subsection shall not apply during snow emergencies. b. No more than two non-passenger vehicles can be parked on a residential lot outside of an enclosed building. Except as permitted in subsection (b)(3) of this section, vehicles shall be stored on a designated parking space. Non-passenger vehicles cannot be parked or stored in a front yard or a side yard abutting a street except as allowed under subsection (b)(4)g of this section. c. Only commercial vehicles which do not exceed any of the size requirements under subsection (b)(2) of this section and are designed exclusively for on-street use can be parked on residential lots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in a front yard or a side yard abutting a street except as permitted under subsection (b)(4)g of this section. d. Except as permitted in subsection (b)(3) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface. e. No more than one recreational vehicle which exceeds the size requirements in subsection (b)(3) of this section can be parked on a residential lot outside an enclosed building. f. No non-passenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No non-passenger vehicle can be parked within the front yard or within a side yard abutting a street except where designated parking space is permitted under subsection 36-361(k)(11). Under no circumstances can a non-passenger vehicle which exceeds the size limitations in subsection (b)(2) of this section be parked in a front yard. h. No non-passenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. i. Only one tow truck can be parked on a residential property. j. Parking is not permitted within a driveway in the N-1 district within five feet of the curb of a public street. In the absence of a curb, parking shall not be permitted Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 65 within five feet of the traveled public roadway, in no event can a vehicle be parked in such a manner as to block a public sidewalk. k. The total area in the front yard of a single-unit dwelling lot improved for parking and driveway purposes shall not exceed 30 percent of a front yard area. Additionally, the average width of a driveway shall not be more than 22 feet. This provision will not prohibit an average driveway width of up to 22 feet for all single- unit dwelling lots. l. Recreational vehicles six feet in height or less at their highest points may be parked in one non-driveway side yard on a residentially zoned lot provided that they are ten feet or more from the adjacent residence, do not extend beyond the front building wall of the house, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (5) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter. (6) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (7) Outdoor storage of fish houses is not permitted on a residential lot (8) On-street parking of non-passenger vehicles is not permitted within any N district. (9) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property. b. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. c. Vehicles used in conjunction with authorized public works construction. d. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. Sec. 36-168. Use Specific Standards, Principal (a) Adult day care. (1) At least 12% of the lot area shall be developed as designed outdoor recreation area. (2) Within the N-1 and N-2 districts, the facility can serve 16 or fewer persons. (b) Bed and breakfast establishments. (1) The facility shall be owner occupied. (2) The total number of guestrooms shall be limited to three. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 66 (3) Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. (4) Accommodations may be provided to a guest for a period not exceeding 14 days. (5) Food service shall be limited to breakfast. (6) Rented rooms shall not contain cooking facilities. (7) Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. (c) Communication towers that are 45 feet or less. (1) The tower must meet the standards of Section 368 (Communication Towers and Antennas). (d) Communication towers that are more than 45 feet in height but not to exceed 70 feet in height. (1) The tower must meet the standards of Section 368 (Communication Towers and Antennas). (e) Community centers. (1) The property shall be designated as civic in the comprehensive plan. (2) Unless a redevelopment plan for the area has been adopted as part of the city comprehensive plan, the following standards shall apply: a. The principal building shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. b. Outdoor areas improved for group activities shall be located at least 25 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to schools and religious institutions. (f) Country clubs. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (g) Dwellings (1) Dwelling, single unit a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 67 3. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. 4. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. b. The front façade of an attached garage must be a minimum of 5 feet behind the principal building’s front façade. A garage with more than two parking stalls shall have the front façade of the third stall set back an additional 3 feet. c. The maximum garage width facing a public right-of-way shall not exceed 50% of the principal building’s front facade. d. The width of the side yard abutting a building wall shall be increased two inches for each foot the length of the building wall exceeds 50 feet. For the purpose of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. (2) Dwelling, single unit small a. The dwelling shall be no more than 1,200 square feet in size. b. The dwelling footprint shall be no more than 800 square feet c. The maximum height of the dwelling unit shall be 25 feet. (3) Dwelling, two-unit (duplex) a. Any two-unit (duplex) dwelling shall abide by the standards as required for dwelling, single-unit above. (4) Dwelling, two-unit attached (twinhome) a. Any two-unit attached (twinhome) dwelling shall abide by the standards as required for dwelling, single-unit above. (5) Dwelling, detached courtyard cottages/bungalows a. A cottage courtyard development shall consist of at least four and no more than 12 dwelling units located around a shared, centrally located courtyard. b. The cottage courtyard development shall provide a minimum of 300 square feet of common open space per dwelling unit. This common open space includes the required shared courtyard, which shall be at least 20 feet in width and depth. c. A cottage courtyard development may have more than one courtyard. d. Each dwelling unit shall have a maximum height of 25 feet. e. Each dwelling unit shall have a maximum ground floor area of 900 square feet. f. Each dwelling unit shall have the primary entrance oriented to the shared courtyard. g. Each dwelling unit abutting a public street shall have windows on the facade oriented to the public street. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 68 h. Each dwelling unit shall have no more than a one-stall attached garage. i. Accessory buildings. No accessory buildings shall be allowed except for a one- stall detached garage for each dwelling unit and accessory buildings for use by the homeowners association. j. Parking areas shall not be located in any required yard abutting a public street. k. Accessory dwelling units are prohibited. l. Dwelling units may be located on one parcel or on individual parcels for each dwelling unit with a separate parcel for common open spaces and facilities. (6) Dwelling, three-unit a. Driveway access shall be off the alley if present. If a lot is on a corner, then the driveway shall be off the side street if an alley is not present. If there is not an alley or the lot is not a corner lot, the driveway access may be from the front of the property. b. On the public street-facing facade, no garage shall occupy more than 50 percent of any street-facing individual unit facade. (7) Dwelling, four-unit a. Any four-unit dwelling shall abide by the standards as required for dwelling, three-unit above. (8) Dwelling, townhouse a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. 3. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. 4. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. b. The maximum number of dwellings per structure shall be as follows: 1. Small townhouse dwelling shall have no more than four units 2. Large townhouse dwelling shall have no more than eight units The orientation of the structure(s) shall match the orientation of other existing principal structures along the block on which it is located. c. On the public street-facing facade, no garage shall extend more than 50 percent of any individual unit. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 69 d. Buildings shall be designed with significant variation in the façade every 60 feet and minor variations at least every 20 feet. Variation can be achieved with articulation, texture, materials, doors, windows, roof dormers, gables, and covered porches. Any architectural projection or recess used to accomplish this change shall be a minimum of six feet wide and two feet deep. (9) Dwelling, apartment (low-rise) a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the street with the lower functional class as defined by the comprehensive plan. 3. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. 4. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. (10) Dwelling, apartment (mid-rise) a. Dwelling unit entrances for ground floor units may be internal to the building or individual exterior entrances. b. Any driveways or parking areas within 30 feet of a property zoned N-1 or N-2 outside of the development shall be screened. Such screening may consist of a solid hedge, an architectural compatible opaque wall, fence, berm or combination thereof. c. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (11) Dwelling, apartment (high-rise) a. Any high-rise apartment dwelling shall abide by the standards as required for dwelling, apartment (mid-rise) above. (h) Educational (academic) facilities with 20 or fewer students. (1) The school shall be limited to preschool through eighth grade. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (3) Student drop-off and loading areas shall not interfere with traffic and pedestrian movements. (4) An outdoor play area shall be provided that contains at least 40 square feet per student enrolled at the school, or be located adjacent to a public park. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 70 (i) Educational (academic) facilities with more than 20 students. (1) Educational buildings shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (3) Outdoor recreational and play areas shall be located at least 25 feet from any parcel that is zoned N or either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (4) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (5) Student housing may be allowed as an accessory use within the N-2 and N-3 districts with the following conditions: a. No more than 50 students may live on-site in the N-2 district, while no more than 200 students may live on-site in the N-3 district. b. An outdoor recreation area shall be provided that contains at least 40 square feet per student living at the educational (academic) facility. c. The housing must be supervised 24 hours a day, seven days a week by an adult living on-site. d. The students living on-site must be actively enrolled in the educational (academic) facility as full-time students. e. The student housing must be located on the same parcel as the educational (academic) facility. (j) Golf courses. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (k) Group day care/nursery school. (1) At least 12% of the lot area shall be developed as designed outdoor recreation area. (2) The on-site outdoor activity areas shall be located in the rear yard and enclosed by a fence. (3) Outdoor recreational and play areas shall be located at least 25 feet from any lot zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 71 (4) City parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: a. The park must have age-appropriate play equipment. b. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. (5) In the N-1 and N-2 districts, the group day care/nursery school must be licensed and serve 16 or fewer children. (l) Group home. (1) At least 800 square feet of lot area shall be provided for each person, including resident staff, housed on the site. (2) The maximum occupancy of an individual dwelling unit shall not exceed six persons. (3) The maximum occupancy of a facility shall not exceed 18 people in the N-1 district, 30 people in the N-2 district, and 50 people in the N-3 district. A minimum of 300 square feet of gross building area shall be provided for each resident. (4) At least 12% of the lot area shall be developed as designed outdoor recreation area. (5) No more than two people shall occupy one bedroom. (6) The dwelling unit shall provide one bathroom for each three persons. (7) The use shall not be located within 1,500 feet of any other group home or state- licensed residential facility. (8) The use shall be located within 300 feet of a commercial or mixed-use district. (9) The building structure shall not be modified or converted for the specific purpose of accommodating the group home use except to comply with Americans with Disabilities Act requirements or other normal maintenance and repair. (m) Hospital. (1) Buildings located within 100 feet of a property zoned N-1 or N-2 shall be limited to the lesser of four stories or 45 feet. The height of all other buildings more than 100 feet away in N-1 or N-2, or located in the N-3 or N-4 districts, shall be regulated by yard and floor area ratio requirements. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial. (3) Internal traffic circulation shall be designed to minimize traffic within 100 feet of any property abutting a N district. (4) Screening and a six foot privacy fence shall be installed and maintained along any abutting N district. (5) The property shall be designated for office use in the comprehensive plan. (n) Hostel. (1) The hostel shall be affiliated with a national or international hostel organization and shall be subject to the operating procedures of such organization. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 72 (2) The hostel shall be available for occupancy only by members of the affiliate or the parent organization. (3) The hours for check-in/check-out shall be limited to 6:00 a.m. to 1:00 a.m. (4) Overnight parking of vehicles whose passenger capacity exceeds 15 shall be prohibited on the site. (5) Outdoor recreational and play areas shall be located at least 25 feet from any lot zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (6) No room shall contain more than four beds. (o) Libraries. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (p) Manufactured home park. (1) The manufactured home park, and all manufactured homes sited within it, must meet all requirements set forth in state statutes. (2) A responsible attendant or caretaker must be in charge at all times and shall be responsible for ensuring the maintenance of the park, its facilities, and its equipment in clean, ordinary, and sanitary condition. (3) The manufactured home park must be at least 5 acres in size. (4) The manufactured home park shall meet the density requirement set forth in the comprehensive plan. (5) Uses permitted within the park shall include only manufactured homes, storm shelters, recreational facilities, and accessory uses to the manufactured homes, including common laundering facilities, garages, sheds, and similar structures necessary for the operation and maintenance of the park. (6) All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code division). The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the pad. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities. (7) The maximum coverage on individual manufactured home sites for the manufactured home, any accessory structures, and driveway shall be 50%. (8) Except for public, community, and utility structures, the maximum height of principal and accessory structures shall not exceed 20 feet. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 73 (q) Nursing home (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) At least 12% of the lot area shall be developed as designed outdoor recreation area. (r) Office less than 2,500 square feet. (1) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (2) The materials used in and placement of all signs shall be integrated with the building design and architecture. (3) The architecture of the building shall be residential in character. (4) The parking areas shall be set back at least five feet from any parcel that is zoned N. (s) Parks/recreation. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) Areas designated for group activities shall be located a minimum of 25 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (3) Facilities which serve a regional function shall not be permitted. (t) Police/fire station. (1) All buildings shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial (u) Public service structures. (1) All structures shall be located a minimum of 15 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) All service drives shall be paved. (v) Religious institutions. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 74 (1) All buildings shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. (3) Outdoor recreational and play areas shall be located at least 25 feet from any lot zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (4) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (w) State-licensed residential facility (1) The facility shall serve no more than 16 persons. Sec. 36-169. Use Specific Standards, Accessory (a) Accessory dwelling units. (1) Accessory dwelling units shall only be permitted on single-family lots. (2) There shall be no more than one (1) accessory dwelling unit permitted per lot. (3) Occupancy of the single-family lot, including both the principal dwelling unit and the accessory dwelling unit, shall be limited to no more than one family and up to two persons who are boarders/roomers or reside in one of the dwelling units. (4) The initial construction of an accessory dwelling unit shall only occur on a property that is occupied by the property owner as their primary residence. (5) The accessory dwelling unit shall not be sold independently of the principal residential dwelling and may not be a separate tax parcel. (6) Accessory dwelling units that are attached to the principal dwelling unit shall be no more than 40% of the gross floor area of the single-family dwelling. (7) Accessory dwelling units that are detached from the principal residential structure shall comply with the regulations for accessory structures and must comply with the following additional requirements: a. Detached accessory dwelling units shall be located a minimum of 15 feet from any rear lot line unless the rear lot line is adjacent to an alley, in which case it may be located five (5) feet from the rear lot line. b. Detached accessory dwelling units located less than six (6) feet from the principal dwelling is subject to the same side yard as required for the principal dwelling. Detached accessory dwelling units located six (6) feet or more from the principal dwelling shall be located a minimum of five (5) feet from any side property line. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 75 c. Detached accessory dwelling units shall have a floor area greater than 200 square feet. d. Balconies and decks above the ground floor shall not face an interior side yard or a rear yard not abutting an alley. Rooftop decks for an accessory dwelling unit shall not be allowed. (8) Accessory dwellings may not be used for short term rental purposes. (b) Accessory Dwelling Units affiliated with religious institution (1) The dwelling units/living quarters shall be on the same property as the Religious Institution. (2) The dwelling units/living quarters shall at a minimum have access to on-site facilities for cooking, sleeping, and bathing. (3) At least 12% of the lot area shall be developed as a designed outdoor recreation area. (4) The persons living/staying on-site must be clergy, employees, or similarly associated with the Religious Institution. (5) The residential density of the accessory dwelling units/living quarters shall not exceed the residential density that would otherwise be allowed on the property, and in no case shall it exceed 15 persons. (6) The combined gross floor area of the accessory dwelling units/living quarters shall be less than the gross building area of the principal building and principal use. (7) If the dwelling units/living quarters are not within the principal building: a. The buildings shall be built on a permanent foundation and connected to city sanitary sewer and water. b. The accessory dwelling units/living quarters shall be exempt from Section 36- 162(d) regarding Accessory Structures. c. The accessory building(s) shall be architecturally compatible with the principal building. d. The accessory building(s) shall not be taller or otherwise larger in scale than the principal building. (8) All required licenses or permits to establish and maintain the dwelling units/living quarters shall be obtained. (c) Accessory building. (1) Accessory buildings located less than six feet from a principal building on the same lot, measured from the nearest projection of each building, shall be considered part of the principal building and shall follow principal building standards. (2) All accessory buildings, including accessory buildings 200 square feet or less in area, shall obtain a zoning or building permit prior to installation and must be anchored in a manner approved by the city. (3) Location. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 76 a. Shall not be in the front yard but can be located within the back or side yard. b. Within the back yard, the following provisions shall be met: 1. Accessory buildings shall be located a minimum of two feet from any lot line. 2. Eaves, overhangs, gutters or other extensions from the roof shall be located a minimum of 16 inches from any property line abutting a right-of-way and two feet from all other property lines. c. Detached garages when located in the side yard must conform to the side yard requirements of the principal building. d. Accessory buildings on through lots shall be subject to the front and side yard requirements of the principal building if the accessory building is located within 60 feet of the rear lot line. (4) Size. a. The total cumulative ground floor area of all accessory buildings on single-family lots and on non-conforming two-family lots in the N-1 and N-2 Districts shall not exceed the smaller of 800 square feet or 25 percent of the back yard. This provision shall not prohibit the construction of either a detached garage or a detached accessory dwelling unit, or a combination thereof, that is no greater than 576 square feet in area provided there are no other accessory buildings. b. Accessory buildings on conforming two-family lots in the N-1 and N-2 Districts: 1. The total cumulative ground floor area of all accessory buildings shall not exceed 25 percent of the area between the principal structure and rear lot line. 2. No single accessory building may exceed 800 square feet in total area and the cumulative area of all accessory buildings shall not exceed 1,200 square feet unless approved as a conditional use. 3. The total cumulative ground floor area of all accessory buildings shall be smaller than the ground floor area of the principal building on the lot. (5) Height. a. Accessory buildings - Shall not exceed 15 feet in height. The maximum height may be increased to 24 feet where the primary exterior materials of the accessory building match the primary exterior materials of the principal building and the roof pitch matches a roof pitch of the principal building, and provided the wall height shall not exceed 9 feet from the building ground floor to the highest top plate of the exterior non-gable end walls. Dormers are exempt from the height measurement if the combined width of the dormers is less than 50% of the side of the building they are located on. b. Accessory structures shall not exceed 15 feet in height. c. The height of all accessory buildings and structures shall be lower than the highest roof line of the principal building. (6) Design. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 77 a. All detached garages and other accessory buildings shall be compatible in design and materials to the principal building on the parcel. b. No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building unless it is determined to be an accessory dwelling unit. Hose bibs and utility sinks are allowed. c. Floor drains in garages and other accessory buildings must be connected to sanitary sewer as approved by the city. d. Windows, doors, and similar openings may be located in the second story of an accessory building if the wall or dormer in which it is located faces a lot line that abuts a public right-of-way or is at least 15 feet from any property that is zoned residential and used or subdivided for residential use. e. Accessory buildings used for dwelling purposes shall also comply with the regulations set forth for accessory dwelling units above. (7) Garages below grade level. Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. (d) Adult day care in a religious institution, community center, or nursing home (1) There shall be at least 150 square feet of outdoor sitting and exercise area per person under care at peak periods. (e) Boarders or roomers (1) Up to two boarders or roomers shall be allowed per resident family provided the living area for the boarders/roomers is within the principal building and does not constitute a separate dwelling unit. (f) Catering (1) Allowed only as accessory to community centers, educational (academic) facilities, country clubs, and religious institutions. (2) Vehicles used to receive and/or deliver food shall not be stored outside. (g) Community garden (1) Allowed only as accessory to community centers, educational (academic) facilities, country clubs, and religious institutions. (h) Family day care facilities serving 14 or fewer persons (1) Only one employee who does not live within the dwelling unit is allowed. (i) Group day care/nursery school in a religious institution, community center, or educational (academic) institution. (1) At least 40 square feet of outside play space per pupil is provided. (2) The outside play space shall be enclosed with a fence. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 78 (3) The outside play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. (j) Helistops. (1) Helistops shall be used exclusively in connection with a hospital and is subordinate to the hospital in area, extent, and purpose. (2) The helicopter pad must be dust free and screened from view and takeoff and landings shall not be over residential areas. (3) Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. (k) Home occupation. (1) See section 36-83. (l) Living quarters of persons employed for domestic or medical purposes (1) The living area for the domestic/medical household staff shall be within the principal building and does not constitute a separate dwelling unit. (m) Mikvah pools (1) Shall be allowed within an occupied single family dwelling unit if there are three additional off-street parking spaces. (2) Shall be accessory to a religious institution. (n) Parking ramps. (1) The height of any parking ramp located within 200 feet of any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward and away from said parcel at a slope of five horizontal feet for each vertical foot. (2) The minimum required yard for any parking ramp located within 200 feet of any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers shall be 50 feet. (3) The parking ramp shall be screened from view from any abutting property located within an N district. The screening shall include a six-foot berm where the parking ramp is above ground. (4) If the parking ramp is located within 400 feet of any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. (o) Private swimming pool, whirlpool, or sauna Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 79 (1) Shall only be permitted in the backyard and side yards. (2) Shall be a minimum of five feet from the rear lot line. (3) Shall meet the same side yards as required for the principal building. (4) A six -foot privacy fence shall be required to screen the portion of the swimming pool, whirlpool, or sauna located within 25 feet of the rear lot line. (5) Private swimming pools shall be in conformance with section 36-73; (6) A pool house building shall be in conformance with the following conditions: a. Property must have an in-ground swimming pool that is larger in area than the pool house building. b. The pool house cannot exceed 400 square feet in area and one story in height. c. Notwithstanding section 36-162, the pool house must meet all principal building yard requirements. d. The building design and materials shall be consistent with the principal building. e. The building may include a bathroom but shall not include kitchen facilities. f. The building cannot be designed or used as a dwelling unit or for any business use. (p) Private sport court (1) Shall be permitted in the backyard and side yards only (2) Shall be a minimum of five feet from the rear lot line. (3) Shall meet the same side yards as required for the principal building. (4) A six -foot privacy fence shall be required to screen the portion of the sport court located within 25 feet of the rear lot line. (5) Tennis courts shall be in conformance with section 36-73 of city code (q) Supportive commercial use. (1) Shall not exceed ten percent of the gross floor area of the development. Sec. 36-170. – 36-190. Reserved Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 80 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 81 ST. LOUIS PARK ZONING CODE UPDATE, PHASE 1 This community engagement summary covers the activities that occurred in June and July 2024 including in-person public open houses, a virtual public meeting, an online presentation of the proposed residential zoning updates and background zoning/housing information, and online input options for the proposed new residential districts and the proposed zoning map. Communication of the proposed zoning updates and the opportunities for information and providing input included information in the Park Perspective city newsletter that is mailed to every address, posts on social media platforms, and information boards displayed at city hall and the rec center (with a QR code for people to link to the online project page and input opportunities). In-Person Open Houses The in-person open houses were held at multiple locations and times of the day. Events: June 13, 14, 15, 18, 24 and 27 Total Attendance: 26 Key Takeaways: • Concerns about decreased property values and generally decreased quality of life for current homeowners • Congestion and parking issues will increase • Green space in the City will be reduced, both on individual lots (impervious surface percentages) and existing undeveloped areas/ greenspaces being developed • Interest in increased commercial development • Changing character of neighborhoods by taking away single family only neighborhoods Virtual Meeting The virtual meeting was also recorded and available afterward on the online project page. Events: June 12 Total Attendance: 5 Key Takeaways: • Participants asked questions rather than providing input, including the following o What is driving the zoning changes that enable the expansion of housing? Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 82 o What are the housing types allowed in the new districts? o Has there been an assessment of property valuation impacts? o Will reduced lot size minimums result in potential lot splits? o Are some of the new housing types geared toward subsidized housing? Online presentation of the proposed residential zoning updates The ESRI StoryMap tool was used to create a hub for online community engagement. Two StoryMap presentations were created to complement each other. The first presentation explained the proposed updates to the zoning code and zoning map along with opportunities to share feedback, both through an online interactive proposed zoning map that allows people to leave their comments and respond to others’ comments about specific locations on the proposed zoning map, as well as short surveys allowing people to provide their input related to the four proposed new residential districts. The second presentation provided background on the process including previous mapping, links to project-related meetings, and descriptions of the additional housing types being considered for inclusion in the residential districts. This information resource was launched in May 2024. Unique Visitors: 457 Online Interactive Proposed Zoning Map Available both as an input tool embedded within the StoryMap, and as a separate link, Social Pinpoint is an interactive mapping input tool that allows participants to provide comments directly on a map and view, comment, and like/dislike comments left by others. Participants are encouraged to use color-coded markers to indicate what type of comment they are leaving (“I have a concern” or “I like this”) and to choose a specific spot on the map to leave the comment. This input option was launched in May 2024 and was open through the end of July 2024. Unique Visitors: 78 Unique Stakeholders (number of people responding with like, dislike, or other comments: 21 Number of Comments: 48 Key Takeaways: • Increase the range of housing options near transit, community services, businesses, and public spaces • Additional places appropriate for the new N-2 and N-3 districts were identified on the map • Additional places appropriate for mixed-use development identified, particularly Minnetonka Boulevard • Increasing housing options should include increasing more affordable homeownership opportunities Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 83 • Consideration of the potential environmental impacts of increasing density, e.g. impervious surfaces, yard setbacks, and tree cover Specific comments are shown in the following table and on the attached map: Comment Up Votes Down Votes It seems like the whole northern part of Elmwood neighborhood is better suited for N-2 designation. The proximity of the LRT station and already larger housing buildings would argue for more density options. 8 2 Regarding all areas: We should be doing everything we can to make home OWNERSHIP more affordable. Home ownership builds wealth according to tons of sources. If these units are not owned by those who live there, then some landlord somewhere is building wealth, but not the renters. Our goal should be to make OWNERSHIP affordable, not enrich landlords or leasing companies. 8 2 Along Cedar Lake Road (between Louisiana & Zarthan) would be better as N-2). Some of these lots would be great spots for future four-plexes or low-rise apartment buildings. 7 1 Like the opportunity for greater density along Louisiana. 7 1 We do not need any additional multi-family housing in St. Louis Park. We can hardly sustain the residents who already live here, both in existing multi-family/apartment homes and single-family homes. There isn't enough infrastructure to support more people living here. I understand that more housing makes all housing more affordable, and I am in support of that. But SLP simply doesn't have the space. 7 9 I would like to know more about what impact these changes would have on things like hardcover limits and tree cover. Will this affect setbacks? Can the desired increase in densities be achieved without increasing the footprint of land degradation? What type of natural resource protections will be enforced during redevelopment? What role does the Natural Resources staff have in zoning proposals? 6 0 I like n3 zones Minnetonka blvd in eastern SLP is a great location for these. 6 0 These blocks adjacent to Wooddale/Dakota seem like better candidates for N-2. There are already multifamily buildings in some of these lots. 6 1 I'd like to see more land in the city allow greater density and mixed uses. Higher density makes ownership more affordable and is a more sustainable method of creating more walkable, livable neighborhoods. I'm disappointed to see most of the higher density areas relegated to areas around loud, noxious highways and away from green spaces. 5 2 I think these zoning districts are similar to what is already built, and allows for greater diversity in housing options. I think this new zoning code will be amazing for the city. I would love to live in a courtyard cottage someday! 4 1 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 84 Comment Up Votes Down Votes I like the increase in zoning type along Minnetonka Blvd, but would like to understand why there isn't a mixed use option? This busy corridor could benefit from more local and small businesses. Good transit connections and being close to neighborhood homes would allow for people to walk and reduce driving. 4 0 Please consider increasing the number of bedrooms that may be rented in the N-2 District to six. 3 3 Texas Ave is where one of the few remaining Metro Transit routes run. What's the logic behind limiting what lots are rezoned alongside the 17 route? 3 0 This is a large empty space, more density (N3+) with mixed use would be a benefit to the neighborhood. 3 0 I am strongly opposed to allowing two-or three-unit buildings on blocks in neighborhoods that have long been dedicated to detached housing except for the perimeter of the neighborhood along roads such as Excelsior Boulevard or France Avenue. I will submit a more detailed comment separately. 2 4 For those that are concerned about these changes to R-1 & R-2 neighborhoods, I encourage you to read “Escaping the Housing Trap” by Charles Marohn (a fellow Minnesotan based in Brainerd). What SLP is proposing is exactly what we need to start to solve our housing crisis without so much reliance on government housing/subsidies. I would like to see the city offer low interest loans for CURRENT homeowners to convert garage spaces or add additional dwelling units. 2 0 I love the plan for this intersection, leaves lots of flexibility for future changes! 2 0 I appreciate the upzone city wide that will allow for more variation in housing types. As a close suburb to the city it is crucial that we allow denser housing and provide opportunities to live in a desirable area for those that can't afford a home. Restricting zones to single family is the primary cause of the housing crisis. 1 0 Concern about lining Mtka Blvd with multi family housing. It's an extremely busy road with narrow, unsafe side walks. Adding lots of people within existing infrastructure adds concerns for pedestrian safety, overloads existing roadways (merge concerns), makes bike lanes even more dangerous), and will make the neighborhoods feel less welcoming with larger buildings blocking the view to parks and quaint neighborhoods. 1 0 This intersection is a prime expansion opportunity for local businesses, providing a more walking/biking-friendly neighborhood, therefore creating more connection within the community 1 0 This intersection should be allowed to grow with local businesses, creating a more walkable neighborhood and build community around common areas 1 0 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 85 Comment Up Votes Down Votes Any changes in this unique corner of St Louis Park would be disastrous as this neighborhood SFH sparse development style preserves the top housing stock and desirability/ reputation of St Louis Park being elevated. No further density makes sense north of Minnetonka Blvd adjacent to Minneapolis. Completely different story elsewhere in St Louis Park, however. East St Louis Park should be left alone in general. 1 1 This area, with its close proximity to West End, could be a good candidate for N2 housing! 1 0 A diversity of housing options will make it easier for residents to find affordable homes that meet their needs. Denser development along transit thoroughfares like Minnetonka Blvd gives opportunity for increased bus ridership and will make investments like separated bike lanes even more impactful. 0 0 Other major thoroughfares like Minnetonka Blvd and Louisiana Ave include upzoning, but the city is essentially ignoring the Excelsior Blvd corridor which is a real loss. It's the perfect example of TOD and walkable access to major services. The homes immediately adjacent to commercial zoning should be N2 to allow duplexes so there's some increased density while still maintaining the general character of the neighborhood (e.g., not allowing apartments). 0 0 This area is walkable to a new LRT station. N2 opportunity while keeping affordable homeownership access with singlefamily N1. 0 0 N2 opportunity - walkable to major services and there are bus stops just down the street. This corridor is great example of the N2 description but not being included. 0 0 Great example of co-locating commercial and density along major corridors. 0 0 This neighborhood is walkable to major services like grocery and located along a transit route. N2 opportunity along W 36th street. 0 0 Happy to see this stay business use - This area is full of small businesses leveraging light industrial space for alternative uses, which is what we want to see. Keep this area for business use to avoid business displacement. 0 0 Good example of concentrated density near major services and public space. 0 0 No services (other than MS) - good for SF homes. 0 0 Park and ride nearby - good for increased housing opportunities. 0 0 Large parcel on this corner is a good mixed use opportunity to increase commercial uses at this intersection while also creating housing opportunities. 0 0 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 86 Comment Up Votes Down Votes This area has a lot of existing homeownership that is affordable. Maintaining those homeownership opportunities are important. 0 0 Parcel immediately adjacent to existing N2 could be good N2 options like this street here. 0 0 Only allowing development directly on thoroughfares such as France A S is imperative to preserve this area’s desirability. Find other places to develop more density rather than introduce it. 0 0 Prime N2 opportunity as it’s surrounded by dense development and SFH restricts investment and affordability. Lots of amenities immediately surrounding both north and south. The zoning should reflect general blends rather than random islands of SFH 0 0 Incentivize more apartments in this area. Lots of empty parking lots that could be housing near the park and school. Infill is a huge miss. 0 0 N2 long ago could have helped more people afford to live here. The zoning changes in West St. Louis Park almost seem too mild for what’s needed. The business owners could use more local patrons throughout 55426. 0 0 Elmwood will have major developments on 3 of four corners of the neighborhood. I have concern on density and traffic. When the city approved the affordable housing project at Aldersgate with almost zero regard to the residents of Elmwood, they said the Jensen press wasn’t happening and the United methodist church development was paused. Well two of those have happened so I would hope city would consider this before adding another. 0 0 Parks are important, keep an many as possible! 0 0 "The legend colors make the map difficult to navigate. Never use shades of the same color. 0 0 The only good choice was green for POS." 0 0 Families move to SLP for the proximetry to the city and for the amazing single family communities here. SLP has been a staple in the affordable single family homes while also being close to the city...keep it up! Thank you all 0 0 "As a father and avid cyclist, you cannot consider anything more (that will add cars or people) on Minnetonka until you fix the road and sidewalks...it cannot handle any more traffic. 0 0 New Residential Districts Surveys Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 87 Another tool for collecting feedback was surveys for each new residential district as well as for the additional standards proposed for some housing types. These surveys were embedded within the StoryMap after each new district section and the additional standards section). Respondents were able to navigate to a separate webpage or respond to the survey within the StoryMap allowing them to reference the relevant information as they completed the survey. Based on unique IP addresses there were 41 unique survey respondents overall. The vast majority of respondents indicated on the surveys that they are white, live in single-unit detached housing, and own their homes. Most respondents were also male and lived with 1 to 2 other people. This input option was launched in May 2024 and was open through the end of July 2024. N-1 District Survey The average level of support for the N-1 district was 2.8 (on a scale with 1 being the lowest level and 5 being the highest level of support). This district received the most input by far. Key Takeaways: • Comments about lots being too small and being combined to build multi-unit housing • Concern about the potential for property devaluation due to rentals and multi-unit housing • Statements that renters do not value their homes or cause problems • Enthusiasm for the increased housing diversity that the district would allow • Interest in continuing to have a district that only allows single-unit dwellings • Support for smaller lot sizes • Support for larger lots due to concerns about potential lot splits • Support for reduced setbacks and increased lot coverage while also concern about increased lot coverage • Issues with increased density • Question about the effect on school boundaries Total Responses: 35 N-2 District Survey The average level of support for the N-2 district was 3.9 (on a scale with 1 being the lowest level and 5 being the highest level of support). Key Takeaways: • Enthusiasm for supporting missing middle housing options • Additional locations for this district currently proposed to be zoned N-1 could be considered Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 88 •Interest in allowing higher building heights in some locations Total Responses: 7 N-3 District Survey The average level of support for the N-3 district was 4.3 (on a scale with 1 being the lowest level and 5 being the highest level of support). This district had the highest average level of support overall. Key Takeaways: •Appreciate the gradual density ramp-up •Slight concern about the impacts of this district on the tree canopy •Locations seem appropriate for the scale of this district Total Responses: 6 N-4 District Survey The average level of support for the N-4 district was 3.5 (on a scale with 1 being the lowest level and 5 being the highest level of support). Key Takeaways: •Question of if midrise housing should only be allowed in the N-3 district to keep the limited amount of N-4 areas more dense •Interest in allowing mixed-use within large-scale apartments Total Responses: 6 Additional Standards The average level of support for the additional standards (on a scale with 1 being the lowest level and 5 being the highest level of support) for some housing types varied by housing type. •Single-unit, two-unit (duplex), and attached two-unit (twinhome) dwelling: 3.9 •Courtyard cottages/bungalows: 4.2 •Three- or four-unit dwelling: 3.7 •Townhouse building: 3.3 •Low-rise apartment building: 3.4 •Mid- or high-rise apartment building: 3.5 Key Takeaways: •Want to use these changes to create new ownership options other than single-unit dwellings •Concern about absentee landlords Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 89 •Consideration of parking and height impacts with additional housing •Interest in additional aesthetic requirements for apartments Total Responses: 10 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 90 For N-2 Consideration Along Cedar Lake Road (between Louisiana & Zarthan) would be better as N-2). Some of these lots would be great spots for future four-plexes or low-rise apartment buildings. This area, with its close proximity to West End, could be a good candidate for N2 housing! Parcel immediately adjacent to existing N2 could be good N2 options like this street here. This is a large empty space, more density (N3+) with mixed use would be a benefit to the neighborhood. For N-3/ Mixed Use Consideration Other major thoroughfares like Minnetonka Blvd and Louisiana Ave include upzoning, but the city is essentially ignoring the Excelsior Blvd corridor which is a real loss. It’s the perfect example of TOD and walkable access to major services. The homes immediately adjacent to commercial zoning should be N2 to allow du- plexes so there’s some increased density while still maintaining the general character of the neighborhood (e.g., not allowing apartments). It seems like the whole northern part of Elmwood neighbor- hood is better suited for N-2 designation. The proximity of the LRT station and already larger housing buildings would argue for more density options. I like the increase in zoning type along Minnetonka Blvd, but would like to under- stand why there isn’t a mixed use option? This busy corridor could benefit from more local and small businesses. Good transit connections and being close to neighbor- hood homes would allow for people to walk and reduce driving. These blocks adjacent to Wooddale/Dakota seem like better candidates for N-2. There are already multifamily buildings in some of these lots. This neighborhood is walkable to major services like grocery and located along a transit route. N2 opportunity along W 36th street. Texas Ave is where one of the few remaining Metro Transit routes run. What’s the logic behind limiting what lots are rezoned along- side the 17 route? Location Specific Social Pinpoint Comments Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 91 Proposed Residential Zoning Districts Map Share your thoughts on the proposed Neighborhood Districts The City of St. Louis Park is updating its zoning code. In 2022, the city evaluated its zoning code and identified barriers that are preventing the city from achieving its Comprehensive Plan housing goals and strategic priorities. Your feedback is very valuable as the city updates its zoning code to support expanded housing options. Please circle the proposed district you wish to comment on (If you would like to comment on more than one neighborhood district, please complete separate surveys): N-1 N-2 N-3 N-4 1. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed Neighborhood District? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive What do you think about the proposed standards for the Neighborhood District? For each standard, please check a response and leave a comment elaborating on your response. 2. Mix of housing types allowed Like Have Concerns No Opinion Please describe what you like or have concerns about 3. Lot area and width minimums Like Have Concerns No Opinion Please describe what you like or have concerns about 4. Building setback minimums (front, side, rear, perimeter, distance between buildings, etc.) Like Have Concerns No Opinion Please describe what you like or have concerns about 5. Building height maximum Like Have Concerns No Opinion Please describe what you like or have concerns about 6. Lot coverage (percent of lot covered by buildings and impervious surfaces) maximum Like Have Concerns No Opinion Please describe what you like or have concerns about 7. Do you have any additional comments or ideas about the proposed Neighborhood District you would like to share? Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 92 Demographic Questions Though these questions are optional, collecting this information helps us understand if we are reaching a representative sample of the City’s overall population. All information provided is anonymous. 8. What is your race or ethnicity? (Check all that apply) White Hispanic or Latino African American or Black Asian American Indian/Alaska Native Native Hawaiian/Pacific Islander Other (please specify): 9. What is your gender? (Check one) Male Female Non-binary Prefer to self-describe: 10. What is your age range? (Check one) 17 and under 18 – 34 35 – 49 50 – 64 65 and over 11. What type of home do you live in? (Check one) Single-Unit Detached House Two-Unit Dwelling (Duplex/Twinhome) Three- and Four-Unit Dwelling Detached Courtyard Cottage/Bungalow Townhouse/ Row House Apartment/Condo Other (please specify): 12. Do you own or rent your home? (Check one) Own Rent Unhoused 13. What is your household size? (How many people live in your home, including yourself?) (Check one) 1 individual 2-3 individuals 4-6 individuals More than 6 individuals Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 93 Share your thoughts on the additional housing standards The City of St. Louis Park is updating its zoning code. In 2022, the city evaluated its zoning code and identified barriers that are preventing the city from achieving its Comprehensive Plan housing goals and strategic priorities. Your feedback is very valuable as the city updates its zoning code to support expanded housing options. Single-unit, two-unit (duplex), and attached two-unit (twinhome) dwelling 1. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 2. Do you have any comments or ideas about the proposed additional standards that you would like to share? Courtyard cottages/bungalow 3. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 4. Do you have any comments or ideas about the proposed additional standards that you would like to share? Three- or four-unit dwelling 5. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 6. Do you have any comments or ideas about the proposed additional standards that you would like to share? Townhouse building 7. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 8. Do you have any comments or ideas about the proposed additional standards that you would like to share? Low-rise apartment building 9. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 10. Do you have any comments or ideas about the proposed additional standards that you would like to share? Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 94 Mid- or high-rise apartment building 11. On a scale of 1 (not supportive) to 5 (very supportive), how supportive are you overall of the proposed additional standards? (Circle one) 1 2 3 4 5 Not Supportive Very Supportive 12.Do you have any comments or ideas about the proposed additional standards that you would like to share? Demographic Questions Though these questions are optional, collecting this information helps us understand if we are reaching a representative sample of the City’s overall population. All information provided is anonymous. 13.What is your race or ethnicity? (Check all that apply) White Hispanic or Latino African American or Black Asian American Indian/Alaska Native Native Hawaiian/Pacific Islander Other (please specify): 14.What is your gender? (Check one) Male Female Non-binary Prefer to self-describe: 15.What is your age range? (Check one) 17 and under 18 – 34 35 – 49 50 – 64 65 and over 16.What type of home do you live in? (Check one) Single-Unit Detached House Two-Unit Dwelling (Duplex/Twinhome) Three- and Four-Unit Dwelling Detached Courtyard Cottage/Bungalow Townhouse/ Row House Apartment/Condo Other (please specify): 17.Do you own or rent your home? (Check one) Own Rent Unhoused 18.What is your household size? (How many people live in your home, including yourself?) (Check one) 1 individual 2-3 individuals 4-6 individuals More than 6 individuals Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 95 The N-1 Neighborhood District features a variety of house scale building options, from single-unit homes to three-unit buildings, all designed to look like traditional houses. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 96 The N-2 Neighborhood District offers a range of low-rise housing, from single-unit homes to low-rise apartment buildings. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 97 The N-3 Neighborhood District includes both low-rise and mid-rise housing, such as townhouses and apartment buildings. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 98 The N-4 Neighborhood District accommodates a mix of mid-rise and high-rise housing, including townhouses and apartment buildings. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 99 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 100 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 101 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 102 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 103 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 104 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 105 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 106 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 107 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 108 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 109 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 110 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 111 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 112 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 113 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 114 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 115 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 116 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 117 mlkarius's profile picture Where was this picture taken? Reply stlouispark's profile picture @mlkarius The second photo is in the Browndale neighborhood. The first photo depicts single- family detached homes that are comparable to but not located in St. Louis Park. Reply annastauber's profile picture Yas! �� 1 likeReply livrin_drabk's profile picture Like how you forced rezoning at Texa-tonka? That was a fun process. For fun, let's go look at the rent cost in there....so inclusive! Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 118 ryanol's profile picture I feel like with the developments around the light rail slp is doing better than most but wherever there is room to improve by all means. Louisiana and mtka blvd could use resurfacing but maybe that’s a Hennepin co issue? StLouisPark-@ryanol Minnetonka Blvd is a county road, so Hennepin County would be the drivers of all improvement and maintenance to it. That said, Hennepin County is in the process of rebuilding Minnetonka Blvd in Phases. East of Highway 100 will be completed this year. Other phases of Minnetonka Blvd to follow over the next few years. You can contact Jack Sullivan in the St. Louis Park engineering department at JSullivan@stlouisparkmn.gov or 952-924-2691 for more information. @stlouispark yeah I figured probably in conjunction with water main repair/replacement etc. it’s just kind of dicey as a “bikeway” on mtka blvd with the pavement in its current condition kallenspach's profile picture Every resident's two least favorite words: affordable housing 1 likeReply jlsumner's profile picture Yes. More of this. �� I know it's an unpopular opinion with the NIMBYs but keep auditing and rolling back the zoning restrictions. Hard enough to see projects built as it is. And I live in the 80%. 1 likeReply messercol's profile picture Blackrock has entered the chat 1 likeReply Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 119 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 120 Please use our interactive story map to leave your comments and opinions about the availability of housing types in St. Louis Park using the �� in our bio. After we are done collecting public feedback, our next steps will be to review the feedback and see if there are any common themes that suggest any changes that should be made. A summary of the comments received, along with staff recommendations, will be presented to the planning commission and city council in separate study sessions. Sign up for updates for more information about these next steps at the link in bio ��. #housing #zoning #stlouisparkmn bennettmyhran's profile picture I've given my feedback but would like to emphasize the importance of limiting land disturbance. I believe density should come from building vertically as to retain what little soil space we have left. Housing is important. Trees, water, and wildlife are more important. 1 likeReply david.mn.mills's profile picture I’m in support of this. I do hope that there will be provisions added to promote home ownership and prevent large corporations from owning all of the new development that will result from these changes. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 121 different housing types to support our growing community. Learn more and share your comments on our interactive story map by July 31 using the link in our bio �� After the survey closes, we will review your feedback for common themes about potential changes to the current proposal. Staff will present a summary of this feedback and the recommended zoning updates to the planning commission and city council for their consideration. If you are interested in receiving updates on this project, the link in our bio will bring you to the project webpage where you can click the “Sign up for updates” box to put your name on our email list. bigbossed_'s profile picture Keep overloading the communities with high density units and low income subsidies! You all won’t be happy until what makes STLP great is fully destroyed. Let’s hope the investments in police is keeping up with the influx because it’s going to be needed. �� 5 likesReply messercol's profile picture @bigbossed_ vote to keep it the same! Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 122 1 likeReply aaronserrano00's profile picture Bro build better soccer pitches �� 1 likeReply Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 123 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 124 Joan H. •Oak Hill Park•6w • Edited �� hmmmm to the 80%. And the...there's not enough options and space for all...theory is interesting since 95% of the multi unit complexes have balloons and or enticing signs with rental discounts with lots of vacancies. �� There's no going back most of these complexes are massive and here to stay. Like ReplyShare Eve White •Birchwood•6w There are lots of apartment vacancies right now. Single family homes are selling. What is the market telling us? If you change zoning, does that mean single family homes will get torn down? Like ReplyShare Ann L. Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 125 •Fern Hill Neighborhood•6w • Edited Via Sol (now Zelia on 7) is a recent rezoning and multifamily, mixed-income misfire that was built for 407k per unit in 2022 that sold less than two years after opening for $153k per unit. Maybe that's why the call for public input? A 55 million dollar loss. During the planning phase, 152 of the 217 studio-to-four-bedrooms were to be affordable at 50% to 80% Average Median Income (AMI). Only 60 percent occupancy one year after opening. Complaints about not enough parking. LEED, wind, green and solar plans scuttled in 2023. 88M to build, sold for 33.25M. Like ReplyShare Joan H. •Oak Hill Park•6w Ann the plan a I understand is already in place...our input is not what they want. We have vacancies everywhere and yet massive complexes continue to be built everywhere. Leave no space unturned. A housing shortage?...is suspect at best. Money speaks very loud and it's sad. When was the last time we voted for planning commissioner and those on the committee? Like ReplyShare Dan S. •Minikahda Vista•6w Please leave my property value alone Like ReplyShare Marc Petrik •Wolfe Park•6w St Louis Park is so saturated with oversized Apartments and Condominiums. The City has completely ruined the landscape of these once charming and quant neighborhoods. Enough already! More green space! Like ReplyShare Wendylee R. •Creekside•6w In years the SLP City Council or whomever makes zoning decisions has not said NO to any type of apartment or condo proposal, as far as I can tell. I drive past all the massive buildings, just ready to take on renters or purchasers and wonder how may hundreds (thousands?} more people will be crammed into our little city. But I'm sure they will all be riding bikes, walking, and taking the light rail (HA!) so at least the vehicle traffic won't be outrageous... Like Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 126 ReplyShare Lex Ell •Fern Hill Neighborhood•6w 2 of the City Council members are involved with real estate and/or developers. I’m sure that has nothing to do with their decisions to continue saturating SLP with apartments that are not needed, because of the vacancies in existing apartment complexes that are SUBSIDIZED WITH OUR TAX DOLLARS. Why do you think SLP property taxes are so high? Because the City Council keeps promoting buildings that don’t pay taxes for 20 or more years (tax increment financing) but the residents need services that the rest of us have to pay for with high property taxes. Like ReplyShare Joan H. •Oak Hill Park•6wLex And they're just getting started. Like ReplyShare Suzanne S. •Pennsylvania Park•6w I’m curious when me and my husband sell our corner house and a developer buys it…builds a duplex. How much will those cost. We have put in a lot of $ into our home to make it nice for us and to make it nice for the next buyer. When that time comes we will have to sell it ourselves to hopefully insure that the buyer wants a nice home in a nice neighborhood. We will see. Like ReplyShare Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 127 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 128 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 129 Study session meeting of September 9, 2024 (Item No. 3) Title: Zoning code update - Proposed zoning ordinance amendment Page 130 Meeting: Study session Meeting date: September 9, 2024 Written report: 4 Executive summary Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 Recommended action: Provide staff with feedback on the proposed redevelopment. Policy consideration: •Does the council support the inclusion of a drive-thru in the proposed project? •Does the council support considering tax increment financing to address a confirmed gap in the proposed redevelopment’s pro forma? Summary: Hempel Real Estate (“redeveloper”) has a purchase agreement for the office property at 5401 Gamble Drive. The redeveloper proposes to remove the current office building and construct a six story, 223-unit mixed-use building with 21,000 square feet of retail space. The housing would be mixed income with 45 affordable units (20%) available to households earning up to 50% of area median income (AMI), exceeding the city’s inclusionary housing policy requirements. The redeveloper is also exploring the inclusion of some 30% AMI units. City council discussed the redevelopment proposal on Aug. 19, 2024 and requested additional information on the financial impact a drive-thru would have on the development’s financial proforma. This report summarizes the findings of the EDA’s financial consultant , Ehlers relating to that request. The redeveloper has indicated that it needs to start construction by April 2025 or it will lose its option to purchase the property. In order to meet this deadline, the redeveloper respectfully requests the EDA provide further feedback related to the level of support for the project. To meet a construction deadline of April 2025, the Environmental Assessment Worksheet analysis needs to start imminently as this process requires several months to complete. Due to limited agenda space for a discussion, staff requests EDA members individually provide feedback on the policy questions above directly to the community development director by Sept. 17, 2024. No vote is required by council at this time . Financial or budget considerations: The proposed redevelopment exhibits a gap in its financial proforma as verified by the EDA’s financial consultant, Elhers, which precludes it from achieving a market rate of return. Consequently, the redeveloper intends to formally apply for tax increment financing assistance through the establishment of a housing TIF district. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion; development concept plans; letter from developer. Prepared by: Jennifer Monson, redevelopment administrator Reviewed by: Greg Hunt, economic development manager Karen Barton, community development director Approved by: Kim Keller, city manager Study session meeting of September 9, 2024 (Item No. 4) Page 2 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 Discussion Site information: The proposed redevelopment site is located at 5401 Gamble Drive, on the southeast corner of Park Place Boulevard and Gamble Drive , immediately south of the Shops at West End. The site is in the Blackstone neighborhood. The property is occupied by a Class B/C office building which is reportedly less than 40% occupied. Site map: Background: In 2023, Eden Prairie-based Hempel Real Estate purchased the Shops at West End. Since its purchase, Hempel has further invested in the property invigorating the shopping area by attracting new commercial, service, and office tenants including Kiddiwampus, Marcus Study session meeting of September 9, 2024 (Item No. 4) Page 3 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 Theaters, Polestar, Boketto, the Artisan Store and Makerspace, and more. However, Hempel has yet to activate the south end of the shopping area. Hempel would like to pursue further development immediately to the south of The Shops to generate increased shopping activity in the area and activate the south end of the shopping area. Such activity would be spearheaded by additional residential units and commercial space, drawing more people to the area throughout the day, not just during typical working hours. Present considerations: Hempel has a purchase agreement for 5401 Gamble Drive. The redeveloper proposes to redevelop the northwest office tower located within the West End Office Towers complex, and construct a six story, 223-unit mixed-use building with 21,000 square feet of commercial space, potentially including a grocer, restaurant, and coffee shop. The housing would be mixed income with 45 affordable units (20%) available to households earning up to 50% of area median income (AMI), for 26 years, exceeding the city’s inclusionary housing policy requirements. The redeveloper is also exploring the inclusion of some 30% AMI units. 50% AMI units allow for housing choice voucher holders to rent these units as the rents fall within the established rent guidelines, allowing the voucher holders to pay no more than 30% of their monthly income for rent. The city’s inclusionary housing policy requires the developer to accept vouchers for payment of rent. Additionally, it is anticipated that the proposed development will act as a catalyst to spur further redevelopment in the area. Proposed concept rendering Drive-thru analysis: The redeveloper proposes a coffee shop at the south end of the building facing Park Place Boulevard that includes a drive-thru. As designed, the drive-thru would be parallel to Park Place Boulevard but would be screened adjacent to the sidewalk. The present office zoning district allows drive-thrus (in-vehicle sales and service) with a conditional use permit. Hempel maintains that the revenue generated from the drive-thru Study session meeting of September 9, 2024 (Item No. 4) Page 4 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 significantly increases the net operating income of the overall the development. Without the drive-thru, the project’s financial gap would further increase, necessitating a greater request for financial assistance. During the Aug. 19, 2024 study session, the EDA requested further analysis of the financial impact to the redevelopment with and without the drive-thru. The EDA’s financial advisor, Ehlers, examined the financial information provided by the redeveloper based on general industry standards for land, construction and all other project cost. Along with that, operating cash flow was also considered, including rents, expenses, fees, underwriting and financing. Ehlers completed an analysis of the financial viability of the redevelopment with and without the drive-thru. In both scenarios, income from the commercial spaces was examined to determine the extent to which it was needed to offset the cost of the housing including the affordable units with below-market rents. Ehlers confirmed both scenarios exhibited a financial gap that prohibited the redevelopment from moving forward without public financial assistance, and further determining that the elimination of the drive-thru creates an increased gap due to the inability to charge higher commercial rents without it. In scenario 1, which includes the drive-thru, it was demonstrated that there was a financial gap of $6 million. To close the gap, given current estimates of market value, it is estimated that 13 years of tax increment financing would be required. In scenario 2, without the drive-thru, the financial gap increased to $8.3 million necessitating 20 years of tax increment financing. Scenario 1 – Drive thru Scenario 2 – No drive thru Difference Financial Gap $6 million $8.3 million +$2.3 million Number of years of TIF needed to close gap 13 years 20 years +7 years Tax increment financing policy: Tax increment financing uses most of the increased future property taxes generated by a new development to finance certain qualified development costs incurred by that project for a limited period to enable it to achieve financial feasibility. For guidance as to the appropriateness of providing TIF assistance to proposed developments, the EDA’s TIF Policy is consulted as it specifies the requirements (including the objectives, uses, as well as the minimum and desired qualifications) for the EDA’s use of TIF in the city. As stated in the Policy, the EDA’s objectives for the use of TIF are as follows: • Foster racial equity and economic inclusion. • Encourage development incorporating green building components and processes that help achieve the city’s Climate Action Plan goals. • Remove blight, substandard buildings, contamination, poor structural soils and other undesirable property elements so as to encourage high quality development and revitalization in the city. • Enhance the overall livability, growth and economic vitality of the community. Study session meeting of September 9, 2024 (Item No. 4) Page 5 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 • Retain and expand the city’s businesses as well as attract new, complementary, investment and employment. • Retain local jobs and/or increase the number and diversity of quality jobs (e.g., stable employment and/or living wages and benefits). • Achieve any of the following housing-related goals: o to promote high quality housing for households with a variety of income levels, ages and sizes in order to meet the city's goal of preserving and promoting economically diverse housing options in the community. o to provide a balanced, broad range of both market rate and affordable housing stock to maintain a diverse population and to provide quality housing for those who live or work in the city. o to promote neighborhood stabilization and revitalization by the removal of blight and the upgrading of existing housing stock. o to ensure all housing is safe and well maintained. • Provide public amenities, improvements and/or placemaking features which benefit a larger area than the subject development site. • Facilitate desired development or redevelopment on sites that otherwise would not be developed or redeveloped without TIF assistance. • Meet other uses of public policy, as adopted by the council from time to time, including promotion of human-scaled urban design, quality architecture, environmental stewardship, energy conservation, enhanced connectivity or decreasing the capital and operating costs of local government, etc. • Encourage the application of Livable Communities, New Urbanism and Transit Oriented Development principles to a development project so as to create compact, efficient mixed-use development, quality amenities (e.g., public art) and attractive, pedestrian and transit friendly development. • Spur additional unsubsidized private development in the area, either directly, or through secondary "spin-off" development. Hempel’s proposed Teraza development meets all the above objectives under both scenario 1 which includes the drive-thru, and under scenario 2, without the drive-thru. Additionally, the EDA’s TIF Policy states that one of the desired qualifications of a project receiving financial assistance is that the TIF assistances does not exceed 15 years unless there are mitigating circumstances. Redevelopment scenario 1 (with the drive-thru) meets this objective for the EDA’s provision of TIF assistance. Redevelopment scenario 2 (without the drive-thru) would require a determination of mitigating circumstances for the use of TIF under the EDA’s TIF policy. Tax increment uses: The proposed financial assistance would derive from the establishment of a new housing TIF district. When a housing TIF district is the funding mechanism of a project, state TIF statute requires the assistance be utilized exclusively for the construction of the affordable housing components to facilitate the affordability of the units. Study session meeting of September 9, 2024 (Item No. 4) Page 6 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 Proposed development concept site plan Next steps: To meet a construction deadline of April 2025, the Environmental Assessment Worksheet (EAW) analysis needs to start imminently as this process requires several months to complete. Due to limited agenda space for a discussion, staff requests the EDA provide feedback directly to the community development director via phone, email, or in-person discussion on the two policy questions by Sept. 17, 2024: • Does the council support the inclusion of a drive-thru in the proposed project? • Does the council support considering tax increment financing to address a confirmed gap in the proposed redevelopment’s pro forma? A formal vote is not required at this time. Assuming the developer deems the project viable upon receiving unofficial council feedback, the developer will begin the EAW process and will start working on more detailed concept plans and engineered drawings. Hempel will also submit a formal application for TIF assistance for the EDA’s consideration, after which staff will present to the EDA a more thorough review of the redeveloper’s request for financial Study session meeting of September 9, 2024 (Item No. 4) Page 7 Title: Redevelopment proposal for 5401 Gamble Drive – Ward 4 assistance. A summary of future actions is outlined below. The redeveloper would like to begin construction on the building in April 2025. Previous/future actions Governing body Date Consider distribution of the EAW in the Environmental Quality Board Monitor City Council TBD Consider EAW Findings of Fact and Record of Decision City Council TBD EDA receives report outlining the request for financial assistance EDA TBD Public hearing and recommendation on preliminary and final plat and preliminary and final PUD Planning Commission TBD EDA receives report summarizing business terms related to the contract for private development EDA TBD Consider approval of preliminary and final plat and 1st reading of the PUD ordinance City Council TBD Consider 2nd reading of the PUD ordinance City Council TBD Consider establishing a housing TIF District EDA/City Council TBD Consider approval of the contract for private development EDA TBD Meeting: Study session Meeting date: September 9, 2024 Written report: 5 Executive summary Title: Revised 2025 budget and levy increase Recommended action: On Sept. 16, 2024, council will be asked if they approve the recommended maximum property tax levy increase of 7.52% for 2025. The report is being released on Sept. 9, 2024, when there is no action required so that council may and prepare for decision-making on Sept. 16, 2024. Policy consideration: Does council support the revised preliminary levy increase of 7.52% increase? This increase assumes: • Maintenance of the city’s current service levels and the operating increases discussed on July 15. • Moving the roof replacement of the Municipal Service Center project in the capital funds to a future year and not responding in 2025 to streets showing signs of delamination. • Utilizing fund balance rather than any levy revenue to cover the potential replacement of pool gutters in 2025. • Eliminating the city’s energy benchmarking program in recognition of a new state program. Summary: After several council study sessions focused on the budget this summer, staff presented council a recommended budget and corresponding all-inclusive levy increase of 9%. Staff received feedback that was generally supportive of the new spending items, but uncomfortable with the all-inclusive levy increase of 9%. This report lays out a revised budget that uses fund balance, delays some projects and removes some capital projects to achieve a 7.52% levy increase. This increase would result in a 6.6% increase in property taxes for a homesteaded median value ($377,200) home in St. Louis Park. This works out to an increase of $109 dollars a year or $9 dollars a month. Financial or budget considerations: 2025 proposed budget and long-range financial plan Strategic priority consideration: Not applicable. Supporting documents: Discussion Prepared by: Amelia Cruver, finance director Reviewed by: Cheyenne Brodeen, administrative services director Approved by: Kim Keller, city manager Study session meeting of September 9, 2024 (Item No. 5) Page 2 Title: Revised 2025 budget and levy increase Discussion Background: Staff presented council a recommended budget and corresponding all-inclusive levy increase of 9% on Aug. 12. The budget included funding for base spending on existing people and programs, some adjustments to the budget to move ongoing spending back to the general fund instead of one-time funding sources, new initiatives and programs to support strategic priorities, and the capital budget. At that meeting staff received feedback that was generally supportive of the new spending items, but uncomfortable with the all-inclusive levy increase of 9%. Staff was provided with direction to cut the recommended budget by approximately one levy percentage point. Present considerations Staff began working on a revised proposal that reduced the levy and maintained funding for key programs and services. In completing this work, staff sought to uphold the following principles: • Maintain existing programs and follow current city policies. • Changes in funding should be made after understanding the impact to racial equity. • Prioritize funds for new programs on items with a high impact on city priorities. • All changes to the budget should consider both the impact on the 2025 tax levy, and also the long-term costs and risks associated with the change. This report will lay out a staff recommended budget and associated levy, proposed changes to the budget and impact of those changes, and options for council refinement. Staff’s updated proposed budget has an all-inclusive levy increase of 7.52%. Changes to initial budget recommendation Using the State of Minnesota energy benchmarking program. Council recently decided to utilize the state’s new energy benchmarking program starting in 2025 rather than continuing to fund and administer the city’s benchmarking program. This will result in $26,000 in savings for the benchmarking help desk contract in the 2025 general fund budget and levy, as well as a shift in staff resources to other projects. Moving and rescoping the MSC Roof project. In the CIP presented to council on Aug. 12, 2024, the Municipal Infrastructure Fund supported phase 1 of a 3 phase project to replace the roof at the MSC. After receiving quotes for the project, staff now believes that the roof can wait to be replaced for a few years. In addition, facilities staff would prefer to replace the entire roof in one year, rather than spread the work out over three. The length of the asset life and dollar amount for the now one-year project make it a good candidate for bond funding. In the revised CIP, the roof replacement project has been moved from a three-phase project at $500k each year funded through the capital levy, to a one-time project in 2027 funded through borrowing. A modest amount of funding will be kept in the budget for 2025 to manage any repairs that may be needed until the full replacement. Utilizing more fund balance in the Park Improvement Fund. In the CIP presented to council on Aug. 12, 2024, $350,000 was included for replacing the pool gutters at the aquatic park. At the same time, the city is investigating the need for and potential timing of a replacement or major renovation of the pool. Unfortunately, the feasibility study will not be completed in time to Study session meeting of September 9, 2024 (Item No. 5) Page 3 Title: Revised 2025 budget and levy increase inform the 2025 maximum levy. However, the city will have the results of this feasibility study before a gutter replacement project commences. To manage this uncertainty, staff is recommending that the project remain in the CIP, but that it is budgeted as a fund balance expense, rather than being supported by the levy. The use of fund balance in the Park Improvement is increased from $200,000 to $350,000 in the revised proposal. If the gutters are determined to not be needed in 2025, the city will retain the $350,000 in the fund balance to be used in future budget processes. Removing delamination response. The unexpected delamination of some city streets has been the topic of several city council discussions and staff reports. In April 2024, council provided staff direction for staff to explore including delamination response in future budget processes. Following this direction, staff priced out a response plan and included it in the initial CIP presented Aug. 12. After a robust discussion council did not reach a consensus on if the value gained by addressing delamination warranted the expense. In an effort to move the conversation forward ahead of the preliminary levy adoption on Sept. 16, this report will review the initial staff recommendation and rationale to not address delamination at this time. Staff is recommending not including funding to address delamination based on the following rationale: 1. Road maintenance and replacement in the CIP is determined based on road condition. While delamination is unsightly, there is not a clear impact on the fundamental condition of the road. Engineering already prioritizes the roads with the worst structural condition to be addressed each year to meet funding constraints. In 2025, the city is reaching the limit of our franchise fee revenue and will need to seek adjustments to the franchise fees moving forward to keep pace with the current plan for road maintenance that relies on road condition information. Adding delamination to the budget in 2025 will create a CIP that funds maintenance and repair for roads in 2025 that are in better structural condition than roads several years out in the plan. 2. A condition-driven planning process is the most equitable way to budget street improvements. Road condition is an objective measure that can be used without bias across a geographical area. Basing planning and funding decisions off of complaints introduces privilege and bias to the process as there are often inequities in which residents feel comfortable making complaints or contacting public officials. 3. Making the decision to address streets that show signs of delamination would create a new expectation, if not a new policy, that the city would incorporate this work into future CIP’s. Residents along the remaining 26 miles of streets at risk for delamination would likely expect the same treatment on their streets as was provided to their neighbors. This means the current $3.5 million estimate to address delamination is the floor, not the ceiling, of funds required. Adding a delamination response to the 2025 budget would add risk, as well as cost, to the long-range financial plan. Should council determine that any of these revised budget components are not in keeping with their desired 2025 budget, staff will revise the CIP and associated levy needs accordingly. Study session meeting of September 9, 2024 (Item No. 5) Page 4 Title: Revised 2025 budget and levy increase Revised Levy Recommended 2025 Levy Fund 2024 Adopted Change 2025 Proposed Percentage Change General Fund $34,147,654 $4,661,161 $38,808,815 14% Capital Replacement Fund $2,177,793 $45,703 $2,223,496 2% Park Improvement Fund $860,000 -$350,000 $510,000 -41% Employee Benefits Fund $200,000 $200,000 0% Subtotal General Levies $37,385,447 $4,356,865 $41,742,311 12% Debt Service Levy $6,362,813 $493,408 $6,856,221 8% General and Debt Service Levies $43,748,260 $4,850,273 $48,598,532 11% Housing Redevelopment Authority Levy $1,744,133 -$550,000 $1,194,133 -32% Economic Development Authority Levy $877,000 -$690,000 $187,000 -79% Total Property Tax Levy $46,483,749 $3,495,916 $49,979,665 7.52% Updates to the 5-year outlook In addition to the changes listed above, staff has increased the growth assumptions in the base budget from 4.5% to 5% based on recent years’ experiences. This will be revised each year using actual information on personnel costs and salary increases, increases in the cost of our benefits, changes to non-tax revenues and the cost to maintain our current service level. In order to accommodate for the additional fund balance usage if pool gutters are required, the tax levy for the park improvement fund is raised back to 2024 levels over two years and the capital improvement levy is increased each year with the goal of closing our structural deficit by 2029. The size and cadence of these increases should be adjusted after the city updates the TIF management report in the fall to take advantage of any expansions to the tax base in the coming 5 years. The below forecast includes funding for current programs and those proposed as a part of the 2025 budget process and any known increases in costs but does not include any spending on new or expanded programs in the future. Increases to staff or program expansions will lead to larger than projected levy increases. In that same vein, these projections include our current, best forecasts for non-tax revenue. Should economic conditions change, non-tax revenues will change and that will also impact the demand on the levy in a given year. Study session meeting of September 9, 2024 (Item No. 5) Page 5 Title: Revised 2025 budget and levy increase Five-year Financial Outlook Fund 2024 Adopted 2025 Proposed 2026 Forecast 2027 Forecast 2028 Forecast 2029 Forecast General Fund $34,147,654 $38,808,815 $40,749,256 $43,176,719 $45,335,555 $47,602,333 Capital Replacement Fund $2,177,793 $2,223,496 $2,557,020 $3,068,424 $3,835,531 $4,410,860 Park Improvement Fund $860,000 $510,000 $700,000 $860,000 $860,000 $860,000 Employee Benefits Fund $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 Subtotal General Levies $37,385,447 $41,742,311 $44,206,277 $47,305,143 $50,231,086 $53,073,193 Debt Service Levy $6,362,813 $6,856,221 $7,523,750 $7,566,453 $8,139,875 $8,690,269 General and Debt Service Levies $43,748,260 $48,598,532 $51,730,027 $54,871,596 $58,370,961 $61,763,462 HRA Levy $1,744,133 $1,194,133 $1,194,133 $1,194,133 $1,194,133 $1,194,133 EDA Levy $877,000 $187,000 $374,000 $374,000 $374,000 $374,000 Total Property Tax Levy $46,483,749 $49,979,665 $53,298,159 $56,439,729 $59,939,093 $63,331,595 Total Levy Growth 7.52% 6.64% 5.89% 6.20% 5.66% Staff will continue to work to reduce the overall levy increase by analyzing duplicative budget lines, verifying revenue forecasts and looking for additional outside revenues and will report back to council in mid-November on progress. Property Tax Impact The table below shows the impact to the median property by type of a 7.52% levy increase. On top of the changes in value year to year, State policy changes reduced the tax rate for homestead properties and reduced the tax rate on Class C, 4D properties. This led to another shift, on top of the variable changes in value across the property types. Study session meeting of September 9, 2024 (Item No. 5) Page 6 Title: Revised 2025 budget and levy increase Next Steps Staff is providing this report a week before a decision is required to ensure that enough time is available to make an informed decision. On Sept. 16 council will approve the 2025 preliminary maximum levy. Staff recommends the budget and associated 7.52% levy increase detailed in this report, with the understanding that staff will continue to work towards lowering the final levy that is approved in December. 7.52% Levy Impact 2024 2025 Percent Change 24 to 25 Annual Increase Monthly Increase Median Est. Market Value Property Tax Payable Median Est. Market Value Property Tax Payable Single-Family Homestead $373,300 $1,646 $377,200 $1,755 6.60% $108.71 $9.06 Non-Hmstd $373,300 $1,663 $377,200 $1,816 9.21% $153.15 $12.76 Condominium Homestead $208,800 $848 $203,900 $846 -0.24% -$2.00 -$0.17 Non-Hmstd $208,800 $930 $203,900 $981 5.55% $51.58 $4.30 Townhome Homestead $260,700 $1,100 $252,200 $1,099 -0.05% -$0.53 -$0.04 Non-Hmstd $260,700 $1,161 $252,200 $1,214 4.56% $52.93 $4.41 Apartments Class A $280,500 $1,562 $280,000 $1,685 7.89% $123.21 $10.27 Class B $192,200 $1,070 $185,000 $1,113 4.03% $43.16 $3.60 Class C $124,000 $690 $123,900 $745 8.00% $55.19 $4.60 Class A (4D-1) $280,500 $937 $280,000 $337 -64.0% -$599.97 -$50.00 Class C (4D-1) $124,000 $414 $123,900 $149 -64.00% -$265.08 -$22.09