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Home My WebLink About2005-01-06 NAC Planning ReportRE: FILE NO: NORTHWEST ASSOCIATED CONSULTANTS, INC. BACKGROUND 4800: Olson Memorial H ig hvy ay, Suite 202, Golden M N 55422 T iephoneP 783.21 .2555 Fac & : : 763 . 31.2561 plan nersein cpla :r n .-corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: January 6, 2005 Oak Park Heights — Central Business District: Comprehensive Plan And Rezoning Request — Wal -Mart and Surrounding Area 798.02 — 04.16 Erik Miller, representing Wal -Mart Stores, Inc., has made application for a Comprehensive Plan amendment and a request to rezone the Wal -Mart property and expansion area from CBD, Central Business District to B-2, General Business District. The Wal-Mart property was originally zoned B -2 when the project was approved in 1992. The Comprehensive Plan and zoning for the property was changed in 1998 when the City approved the concept for the Central Business District in the area that included Wal-Mart. The land use classification was changed to CBD, Central Business District and the zoning was also changed to CBD. A Central Business District Plan was developed and Central Business District Design Guidelines were adopted for the area. Since the creation of the CBD, most of the east and south portions of the area have been approved for PUD concept and general plans. The Oakgreen Village project has an approved concept plan and a portion of that, the Villas, has general plan approval. The area to the south, along 58 Street, has an approved concept P lan for a combination of office and upper floor residential. The Central Business District zone and design guidelines were created to encourage mixed use development. The current request from Wal -Mart is to change the Comprehensive Plan and rezone the existing property as well as their proposed expansion area to the east from CBD to B -2. As part of that consideration, the City should also discuss the other areas of the CBD that are not currently under a concept or general plan approval. That would include primarily that area from Norrel Avenue east, and north of the Oakgreen Village project. Exhibit 3 indicates that area included in the discussion for possible Comprehensive Plan amendment and rezoning. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: ISSUES ANALYSIS Comprehensive Plan Land Use Designations and Planning District 11 Current Zoning Land Use /Zoning Amendment Study Area Wal -Mart Expansion Plans CBD, Central Business District B -2, General Business District District Setback Requirements Area and Building Height Requirements Comprehensive Plan. The property in the subject area was originally designated for commercial land use. The Central Business District designation in 1998 was based on a specific plan that included a downtown concept with mixed use residential, retail, service and entertainment in a compact traditional style similar to what had been created in Maple Grove. The planned unit development approvals for the Oakgreen Village concept were generally in conformance with the CBD plans. As part of the CBD plans, it was anticipated that Wal -Mart would expand, but not to the extent in terms of land area that has been currently proposed. Additionally in the past year, numerous entities have discussed very preliminary plans for large retail operations for that property directly to the east of WaI -Mart. With the adopted plans for Oakgreen Village and the proposed expansion of Wal -Mart, it is unlikely that there would be adequate property to do a traditional downtown concept in the center of the CBD. Eliminating the CBD land use designation for these properties except for the Oakgreen Village area should be considered by the Planning Commission /City Council. Zoning. The CBD zone created in 1998 was designed to accommodate mixed use commercial /residential development and stand alone, townhouse, and high density land use. The CBD differs from the B -2 zone in numerous ways but primarily there are no minimum lot area, width, or setback standards for the CBD. Additionally, the CBD does not allow automotive related uses such as service stations, automotive repair or tire stores. The Wal -Mart proposal has a fuel station and automotive repair which would include tires, batteries, and oil changes. These aspects of the Wal -Mart proposal cannot be done under a CBD zoning. Wal -Mart has requested the zoning for their existing property and for the expansion area. As part of that request, the City is also suggesting that the immediate area surrounding the property to the east be considered for rezoning to B -2. That would include all that property to the east of the Wal -Mart expansion to Novak Avenue but excluding the Oakgreen Village area to the south. The Planning Commission and City Council should also discuss a rezone of that area along the 60 Street frontage road east of Novak Avenue. If definitive recommendations can be made by the Planning Commission on the area to be rezoned, the request would go to the January 25, 2005 City Council meeting. If Z additional information is needed by the Planning Commission on the areas other than the Wal -Mart request, City staff would request that the Planning Commission act on the Wal -Mart rezoning application and move that recommendation forward to the City Council. Another option to rezoning the property would be to leave the CBD zoning in place but change the text of the district to include automotive related uses as a conditional use. The land area, lot width, setbacks, and other standards would also need to be changed. This may not be a reasonable option in that we would be creating another B -2 zone. Additionally, the Oakgreen Village development has all been planned based upon a CBD zoning. Changing the zoning district requirements may create a number of non - conformities before the project is constructed. Zoning Criteria. Section 40.03.A.7 of the Zoning Ordinance lists criteria for review of a proposed zoning amendment. A review of these criteria is as follows: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. As indicated previously in this report, the Comprehensive Plan would need to be changed to reflect a commercial instead of a CBD land designation. The text in Planning District 11 would also need to be revised to reflect the change in land use. b. The conformity with present and future land uses in the area. The area under consideration had previously been planned and zoned for commercial use. The CBD zoning is similar but defines the types of uses more narrowly than the B -2 District. The CBD plans had also envisioned an expansion of the Wal-Mart and retail type uses in the area to the east. c. The environmental issues and geographic area involved. The environmental issues, especially as it relates to stormwater runoff, will be addressed no matter what type of commercial land use occupies the site. d. Whether the use will tend to or actually depreciate the area in which it is proposed. The investment made to the property will be substantial and actually tend to increase property values in the area. e. The impact on character of the surrounding area. The change of land use designation and zoning classification will not impact the character. All new development will need to comply with existing zoning g standards and design guidelines. Site review of specific development plans will 3 result in projects that will minimize any negative impact on surrounding properties. f. The demonstrated need for such use. g Development of the area has always been directed toward commercial use. Additional retail and service uses have been planned for and expected for this property. Traffic generation by the use in relation to capabilities of streets serving the property. Proposed development in the area will be reviewed for traffic impact subject to review and approval of the City Engineer and City Council. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. These should be no service related issues as a result of the change in land use designation and zoning. Since annexation, the property has been planned for commercial use. 1. The proposed use's conformity with all performance standards contained herein (Le., parking, loading, noise, etc.). Specific development proposals shall be reviewed against the City's zoning standards and design guidelines. Central Business District Design Guidelines /Design Guidelines. Properties zoned CBD are subject to the Central Business District Design Guidelines while properties in the B -2 District are subject to the general commercial Design Guidelines. The CBD guidelines are more specific and restrictive than the general Design Guidelines. The CBD guidelines were written for a specific "traditional downtown" appearance for development of this area. As indicated, it is very unlikely that a true downtown concept would ever be achieved in this area. With the Wal -Mart and other large format retail stores, the CBD guidelines are not appropriate. The general Design Guidelines are more appropriate for that type of commercial development. For instance, the recent Kohl's development was planned under the general Design Guidelines. CONCLUSION /RECOMMENDATION Based upon the preceding review and analysis, City staff recommends that the Planning Commission redesignate the land use and rezone the Wal -Mart and proposed expansion area from CBD to commercial /B -2 District. In addition, the Planning Commission should review areas to the north and east of the Wal -Mart property for possible redesignation and rezoning. It is suggested that the Planning Commission 4 move forward with the WaI -Mart request at their January 13, 2005 meeting, even if a decision has not been made on the other areas. 5 1041"1 min=111MIEWIAIMMNEIWILINE i l l p a eiflifil A...0 1111 timaitk* ,dimm imm 11111;119P- 111111moramm stawamm.1 munnimmr Emmi -misk mum rp mik'sb own EWA 6w MEM =WM IMpoug o � O k •IL 114 t Alk Alkilebr Eir,g 4,144\ 114 %1P - 41 11 ,01A ,Ak"o■- ALVIre _tplO11710■4111q1ME‘r quo ZONING DISTRICT Low Density Estate Residential Low Density Residential Medium Density Residential 111111 High Density Residential Quasi - Public Facilities School Facilities Government Facilities CBD Commercial 610 305 Business /Residential Transitional Industrial Business Warehouse Park Facilities /Open Space Estate Residential /Golf Course/ Parks and Open Space Wetland /Pond i ng Areas 0 MI IN 610 Feet EXHIBIT 1 COMPREHENSIVE PLAN City of Oak Park Heights LAND USE DESIGNATIONS //7 / /' / • • • 461 It • 59TH STREET ,arar�►.1r .■r f/ / / /// //f NM / /•. / / /f, swan // f / / / / / // / f: / /// // / / / / / / / /// / /// di / / / j/` I /// / // •�� f / / /!, /f - / / f / / / / /// /,f ,,////, // / , f /,/f f / //f - r // /// f // ' / !/ r/ f / / / / / / / /./�/ - / f/ f// / / / /• / / / s ! /. . // / / f / f f f f/ / / / / f // ! / / ' / � " f / / /� /; ff f�° // /f 58TH STREET ZONING DISTRICT R-1, Single Family Residential R -2, Low & Medium Density Residential R -3, Multiple Family Residential R -B, Residential/Business Transitional CBD, Central Business District B-2, General Business ME P B -3, Highway Business and Warehouse 0 B -W, Business /Warehouse I, Industrial Open Space Conservation PUD, Commercial Planned Unit Development PUD, Residential Planned Unit Development Public /Institutional (Zoned 0, Open Space Conservation) Parks (Zoned 0, Open Space) Wetland /Ponding Areas ii 111 atitimmis 111111111111 111 NM 1111 /F 360 180 0 360 Feet EXHIBIT 2 City of Oak Park Heights ZONING MAP PLANNING DISTRICT 11 Planning District 11 consists of the area planned for the Central Business District, the Valley Senior Services Alliance project, and the existing River Hills single family 9 Y neighborhood. This area is seen as the City's major development area in 1999 and 2000. A Central Business District Plan will be developed in 1999 and land acquisition and assembly will begin shortly after plan adoption. As indicated previously, the City will plan for this area to develop as a retail focus with entertainment, service business and housing. The Valley Senior Services Alliance project is a phased project projected over the five years beginning in 1999. A description of the project elements is found in the land use section of the Development Framework. The Valley Senior Services Alliance J ro■ect has p been carefully planned so as to provide adequate separation and screening from residents in the River Hills and Autumn Ridge neighborhoods. The district is well accessed by Highway 86, Norell Avenue, Oakgreen Avenue, and 58th Street. The extension of 58th Street between Norell and Oakgreen Avenues is ' roected p � for completion in 1999. The area remaining after installation of 58th Street south to the River Hills neighborhood is planned as park facilities /open space. The City will maintain this area as a lineal park and the location of the 58th Street trail connection to Oakgreen Avenue. The local street system through the first phase of the Valley Senior Service Alliance project is also projected for 1999. As a part of the Valley Senior Service Alliance project, development of a 24 acre park is planned. The park would emphasize passive recreational activities with a picnic shelter, tot lot, sliding hills and walking trails. The sidewalks and trails throughout the Valley Senior Services Alliance project would provide interconnections to the existing trail system � Y along 58th Street and access to the Autumn Ridge and River Hills neighborhoods. Although roadway access had been planned to this area from Autumn Ridge and River Hills, the change in type of housing, resulting from the Valley Senior Services Alliance project dictates that pedestrian and trail access would be more appropriate. OAK PARK HEIGHTS 95 NEIGHBORHOOD PLANNING DISTRICTS COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK NV" d 3115 A VNIYin3�#d 'OM 'S3�IO1S .L YYV 11VM r�.os ir:xr �t xrrrd )WO LO 1E2 NOISNVdxB .�Nbw 0 F:: a. Lttr.:t4 wwo '.4 iti CA CO 0 tt rn M [L LL fl• D 1 ,,,,,.... R cN. -r N* _ 4 •�-N vrn 6 v I; t gg • 1 * -! i y 2d! a Ca iiil 9 2 4 Q z lip; 20)7J I°°8 I VIM co�. Urac .. or 0 5 o o t--o< p g < �s d w a. u <C.) h- Sri xrro- ur/rar xw w+t IMO oics-sierst mov Iry a�av +m• osrrr PI co e�V O u7 .t IL7 u 11e ■y 4i ftlidl/t1 .09 pmegdy F z 0 m IF 0.9 �g .o. +bvt_w�ri i+vi =44 ▪ i Nr 1Ff b� bAA 3A PmaNO SET.. ■ aso 773 !of •ra 6 *401.301 CENTRAL BUSINESS DISTRICT 401.301.A. PURPOSE: The CBD District is intended to provide a district accommodating those retail sales, service and office functions which are characteristic to a "downtown" area and to allow a downtown area to expand, develop and redevelop while maintaining the desired character. 401.301.B. PERMITTED USES: The following are permitted uses in a CBD District: 1. Banks, savings institutions, credit unions and other financial institutions. 2. Business, commercial, or trade schools. 3. Clinics, for people only. 4. Day care - group nursery (within single occupancy freestanding building). 5. Government and public utility buildings. 6. Motels, motor hotels and hotels. 7. Restaurants, cafes, tea rooms, taverns, off-sale liquor and con*ience food establishments without a drive-in facility. 8. Retail sales. 9. Commercial service uses. 10. Commercial recreation. 11. Libraries. 12. Offices, business or professional, including ticket sales. 13. Theaters, excluding drive-in type of service. 14. Club or lodge halls serving food and beverage. *Amended Ord. No. 98-401-04, 11 August 1998 301-1 EXHIBIT 5 15. Parking or garages, other than those accessory to a principle use for the rY parking and storage of private passenger vehicles only. 16. Rental services conducted entirely within a building. g 17. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works, P ry s, candle making, light metal working, provided at least twenty-five (25) percent of the (25) p total floor space at the front of the building on the street level is used for sales and display purposes. 18. Dwelling units located above street level in nonresidential structures. 401.301.C. INTERIM USES: The following are interim uses in a CBD District: None 401.301.D. ACCESSORY USES: The following are permitted accessory uses in a CBD rY District: 14. Off - street parking as regulated by Section 401.15.F of this Ordinance, but not including semitrailer trucks. 20. Off - street loading as regulated by Section 401.15.F of this Ordinance. 21. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401.301.E. CONDITIONAL USES. The following are conditional uses in a CBD District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Custom manufacturing, restricted production and repair limited to the following: watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.B. of this Ordinance to the principal use of the property. 301-2 b. Does not conflict with the character of development intended for this district. p ar this d�strfct. c. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Open or outdoor service, sale and rental as an accessory use, including ,but not �nclud�ng new or used automotive, truck, motorcycle or trailer rental or sales lots , provided that: a. Outside service, sales and equipment rental connected with the rinci al p p use is limited to thirty (30) percent of the gross floor area of the ri nci al use. p u e. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E. of this Ordinance. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. d. Sales area is grassed or surfaced to control dust. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. f. Boats, jet -skis, ATVs and other small motorized vehicles are stored indoors at night. 3. Commercial planned unit development as regulated by Section 401.00 0 Y of this Ordinance. 4. Day care - group nursery (within multiple occupancy building) provided that: Y g� p hat. a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility g p Y is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 301 -3 1 The architectural appearance and functional plan of the building P �ld�ng and site shall not be so dissimilar to the existing buildings or area g a as to impairment mpairment of property values or constitute a blighting . g g influence within a residential distance of the lot. The day care facility shall be located in a ortion of . p the building ng separated from the other uses located within the structure. 3) The day care facility shall be adequately sound-proofed q Y to remove extraneous noise that would interfere with the day care operation Y P and would affect the health, safety and welfare of the day care y e r participants. Adequate soundproofing must also be provided . p to prevent disruptive noise generated by the day care facility from interfering ring with the operation of the adjacent uses within the building. g 4) Internal and external site land use compatibility and P y sufficient peripheral area protection shall be provided by the day care facility. Y . Y c. Screening. Where any outdoor recreational or play area for the .. industrial p Y day care facility ity abuts any commercial or ndustria l use or zoned ro e P P rtYa the play area shall be screened along all exposed perimeters. All of the required qu red fencing and screening shall comply with the fencing and screening reening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing nta�n�ng another principal use, each use shall be calculated separately for determining Y nfng the total off - street parking spaces required. e. Loading. One ( off - street loading space in compliance with h Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. 9. Conditional Use and State Regulations. Day care group nursery Y g p ry shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be q y amended, of the Minnesota Department of Human Services. 301 -4 5. cellular telephone antennas not located on a ublic structure, - p ure, provide that. a. The provisions of Section 401.03.A.8. and Section 401.15.P. of this Ordinance are considered and satisfactorily. v 6. Two family, townhomes and multiple family f dwellings, l i s n provided y g, p d that. a. At least two parking spaces per unit must be rovided on site, or proof p of i s shown of arrangements for private parking nearby. v b. No physical improvements, either interior or exterior, may preclude p Jude future re- use for commercial purposes. J c. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03. A.B. e. The development does not conflict with existing or potential future p ure commercial uses and activities f. The density standards imposed as art of the R -3 Zoning District g rict are complied with. 0 Adequate open space and recreational space is P rovided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land d use arrangements as related to abutting residential uses or commercial uses. i. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. Residential and nonresidential uses shall not be contained on the same floor. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. 7. Buildings in excess of three (3) stories or thirty-five (35) feet rovided th v feet, provided that: a. The site is capable of accommodating the increased intensity of use. 301 -5 b. The increased intensity of use does not cause an increase traffic �n traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) or for each additional (3) h add�t�onal ten 10 feet above thirty -five (35) feet, front and side and setback requirements k requirements increased be ncreased five (5) feet, except for elderly public housing. p usinq. e. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 401.30. B-2, GENERAL BUSINESS DISTRICT 401.30.A. Purpose. The purpose of the B-2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. 401.301B. Permitted Uses. The following are permitted uses in a B-2 District: 1. Any permitted use in the B-1 District. 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off-sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sales. 14. Optical laboratories. 15. Sexually oriented use - principal and accessory. 30-1 EXHIBIT 6 16. Theaters, excluding drive-in type of service. 401.30.C. Interim Uses. The following are interim uses in a B-2 District: None. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B-2 District: 1. All permitted accessory uses as allowed in a B-1 District. 2. Semi-Truck parking. 401.30.E. Conditional Uses. The following are conditional uses in a B-2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive-in and convenience food establishments provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than five (5) feet shalt be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. 30-2 g All lighting shall be hooded and so directed that the light source is not visible from the public right - of-way or from an abutting residence and shall be in compliance with Section 401.15. B.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the subject of the City Engineer. 1. The entire area other than occupied by buildings or structures or plantings P g shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Car washes (drive through, mechanical and self - service) P rovided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period P and shall be subject to the approval of the City Engineer. c. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 30-3 J All lighting shall be hooded and so directed that the light source is not visible . � vl5�ble from the public right -of -way or from an abutting residence and shall ' . g all been compliance with Section 401.15.B.7. of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum o m f conflict with through traffic movement and shall be subject to the approval of the pp City Engineer. g. 1. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. Provisions are made to control and reduce noise. k. The provisions of Section 401.08.A.8 of this Ordinance are considered and satisfactorily met. Motor fuel station, auto repair -minor and tire and battery stores and service, ry rv�ce, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the . ro ert p p Y b. The architectural appearance and functional lan of the building and g d site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blightin g influence within a reasonable distance of the lot. c. The entire site other than that taken up by a building, structure or s lantin p g shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer ineer shall be installed. f. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 30.4 g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right- in p g of -way and shall be n compliance with Section 401.15. B.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic g movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. 1. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. m. Provisions are made to control and reduce noise. *n. No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. *o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. p. g. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better b , by modifying the conditions. The provisions of Section 401.O3.A.8 of this Ordinance are considered and satisfactorily met. * Amended Ord. No. 97-401.02, October 14, 1997 30 -5 r. The City may allow a motor fuel pump canopy to encroach ten (10) feet ' into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. 4. Custom manufacturing, restricted production and repair limited to the following: p flowing. art, needlework, jewelry from precious metals, watches, dentures, optical lenses and p medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.B. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -wa y compliance liance with p Section 401.15.E. of this Ordinance. c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. *6. Open and outdoor services, sale, and rental as a principal or accessory ry use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and p rovided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. *Amended Ord. No. 99401 -08, 26 October 1999 30 -8 b. Ail lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all p aved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby y commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public . ri ht -of -wa � y h. All automobile repair activities principal shall be conducted within the rinci al structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. 9. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. 1. A drainage system subject to the approval of the City shalt be installed. 30 -7 m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated p g d by Section 401 .06 of this Ordinance. 8. Day care - group nursery (within multiple occupancy building) p p y u�ld�ng) pravided that: a. Use Compatibility. The operation and function of the day care facility . � y must be compatible with other existing uses within the building. This compatibility g compat�b�l�ty is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building nd the satisfactory actory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted d to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: onditians. 1) The architectural appearance and functional plan of the building ld Ong and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting � g g influence within a residential distance of the lot. 2) The day care facility shall be located in a ortion of the building bu�ld�ng separated from the other uses located within the structure. 3) The day care facility shall be adequately sound-proofed to re y remove extraneous noise that would interfere with the day care operation and P d would affect the health, safety and welfare of the day y care participants. Adequate sound-proofing must also be provided to P prevent disruptive noise generated by the day care facilit y from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and Y sufficient peripheral area protection shall be provided by the day care facility. i � y ty. 30 -8 c. Screening. Where any outdoor recreational or play area for the . p Y day care facility ity abuts any commercial or industrial use or zoned ro ert�f the p p JT play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening g ng i requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another Cher principal use, each use shall be calculated separately for determinin g the total off-street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section � n 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. 9. Conditional Use and State Regulations. Day care rou nursery facilities g p ry shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 9. Cellular telephone antennas not located on a ublic structure, provided that: , p hat. a. The provisions of Section 401,08.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily. *10. Automobile repair -major as an accessory use limited only to new and Y d used automobile dealerships not including truck or other vehicle repair, provided that: p a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. Ali lighting shalt be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shalt be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all p aved areas are surrounded by concrete curbing. *Amended Ord. 99-401-08, 26 October 1999 30-9 d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of --way. h. Alt automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. i . Facilities on a site contiguous to any residential district shall not be operated between the hours of 10 :00 PM and 6 :00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. 1. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 30 -10 d. All setback distances, as listed in the table below, shall be measured from the appropriate lot line. District 0 R -1 R -1A R -IB R -1c R -2 R -3 R -B B -1 B -2 B -3 CBD B -W Front Yard 50 feet 30 feet 30 feet' 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 40 feet 40 feet No minimum 50 feet 50 feet Side Yard 30 feet 10 feet 10 feet 10 feet 15 feet 10 feet 20 feet 10 feet 20 feet 10 feet 10 feet No minimum 20 feet 30 feet Rear Yard 50 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 20 feet 20 feet No minimum 20 feet 40 feet 1 3 4 5 Where adjacent structures within same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of adjacent structures. Not less than thirty (30) feet from lot line, if lot is on a corner. Not less than twenty (20) feet from lot line, if lot is on a corner. Not less than fifty (50) feet from a lot if lot abuts a residential zoning district. There shall be no front yard, exterior side yard or rear yard requirements, except that there shall be a required setback within CBD District boundaries when such boundaries are adjacent to a residential district. In such cases, the setback shall be the same as the setback for the adjacent district. There shall be no interior side yard required in the CBD District, except that in such cases where a side yard is provided it shall be a minimum of five (5) feet in width. *Amended Ord. 99-- 401 -01, 26 January 1999 e. The following shall not be considered as encroachments on yard setback requirements: 15 -15 EXHIBIT 7 e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. 1) The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. **2. Area and Building Size Regulations. This section identifies minimum area and building size requirements to be provided for in each zoning district as listed in the table below: District 0 R-1 R-1A R-1B R-I C R-2 R-3 R-B B-1 B-2 B-3 CBD B-W Lot Area 5 acres 10,400 SF 12,500 SF 15,000 SF 20,000 SF 10,400 SF 15,000 SF 15,000 SF 15,000 SF 15,000 SF 15,000 SF No minimum 30,000 SF 1 acre Lot Width 200 feet 80 feet 85 feet 90 feet 100 feet 80 feet 100 feet 100 feet 100 feet 100 feet 100 feet No minimum 100 feet 100 feet Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 45 feet * Amended Ord. 97-401.02, October 14, 1997 Amended Ord. 99-401-01, 26 January 1999 15-17 EXHIBIT 8