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HomeMy WebLinkAbout02-01-2005 Planning Commission Meeting Packet • ec. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Tuesday, February 1, 2005 Recon vening of jan uary 13, 2005 Planning Commission .Mee ting TO Follow Adjournment of 6:00 p.m. Joint Worksession Of Planning Commission and City Council Estimated Time: 7:00 L. dPr: _. II. Approval of Agenda: III. Public Hearings: Public Discussion Portion of this hearing was closed at the January 13, 2005 .Planning Commission meeting. A. Continued Discussion: wahnart: To consider requests for Zoning District Amendment from CBD, Central Business District to B -2, General Business District and Comprehensive Plan Amendment allowing walmart store expansion and possible change of zoning classification of surrounding property, located at 60'' St. N. an Norell Ave. N. Note: Please bring your January 13 Planning Commission packet enclosure for this item of continued discussion. N. New Business: None. V. Old Business: None. VI. Informational: A. Next Regular Meeting: February 10, 2005 -- Regular Meeting @ 7:00 p.m. B. Council Representative: January -- Commissioner Oswald February -- Chair Dwyer Dwyer X. Adjournment. as MORTHBEST ASS ATED CONSULTANTS# IN . - --------- ------------------ ------- - -------- - - - ------------------------------- ot - ---------------------------- ------ WRIMM-00-10 --- - --- - 4SOO Olson mertiorial Hi Suite 202, Golden Vs)le MN 56422 TeWephone: 743 3.2 1.2555 Facelmille: 783-231.25451 pi erg nerse PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: Januar 6, 2005 RE: Oak Park Hei — Central Business District: Comprehensive Plan And Rezonin Re — Wal-Mart and Surroundin Area FILE NO: 798-02 — 04.16 BACKGROUND Erik Miller, representing Wal-Mart Stores, Inc., has made application for a Comprehensive Plan amendment and a re to rezone the Wal-Mart. propert and expansion area from CBD, Central Business District to B-2, General Business District. The Wal-Mart propert was ori zoned B-2 when the pro was approved in 1992. The Comprehensive Plan and zonin for the propert was chan in 1998 when the Cit approved the concept for the Central Business District in the area that included Wal-Mart. The land use classification was chan to CBD, Central Business District and the zonin was also chan to CBD. A Central Business District Plan was developed and Central Business District Desi 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 g eneral plans. The Oak Villa pro has an approved concept plan and a portion of that, the Villas, has g eneral plan approval. The area to the south, alon 5e Street, has an approved concept plan for a. combination of office and upper floor residential. The Central Business District zone and desi g uidelines were created to encoura mixed use development. The current re from Wal-Mart is to chan the Comprehensive Plan and rezone the existin propert as well as their proposed expansion area to the east from CBD to B-2. As part of that consideration, the Cit should also discuss the other areas of the CBD that are not currentl under a concept or g eneral plan approval. That would include primaril that area from Norrel Avenue east, and north of the Oak Villa project. Exhibit 3 indicates that area included in the discussion for possible Comprehensive Plan amendment and rezoning. t r Attached for reference: Exhibit 1. C Plan Land Use Designations and Planning District 11 Exhibit 2: Current Zoning Exhi bit 3: Land Use/Zoning Amendment Study Area Exhibit 4: Wal -Mart Expansion Plans Exhibit 5: CBD, Central Business District Exhibit 6: B -2, General Business District Exhibit 7: District Setback Requirements Exhibit 8: Area and Building Height Requirements ISSUES ANALYSIS property Comprehensive Plan. The 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 • e generally in conformance with the CBD plans. As part - Village concept wer g y of the CBD plans, it was anticipated i that Wal -Mart would expand, but not to the extent n terms of land area that has been currently proposed. Additionally in the past year, numerous entities have discussed preliminary ussed ve relimina plans for large retail operations for that property directly t o the east of Wal -Mart. With the adopted plans for Oakgreen Village and the proposed expansion* ansion* of Wal -Mart, * it is unlikely that there would be adequate traditional downtown concept in the center of the CBD. Eliminating the property to do a CBD land use g p desi nation for these roperties except for the Oakgreen Village area should be considered b 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, w , idth or setback standards for the CBD. Additionally, the CBD does not allow automo tive 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 fires, batteries , and oil changes. These aspects of the Wal -Mart proposal - cannot be done under a CBD zoning. Wal-Mart has req uested the zoning for their existing property and for the expansion q area. As part of that request the City is also suggesting that the immediate area to the east be considered for rez surrounding the property ning to B -2. That would . include all that property ' to the east of the Wal -Mart expansion to Novak Avenue but Oakgreen Village area to the south. The Planning excluding the Oakg Commission and City g �n Council should also discuss a rezone of. that area along the 60 Street frontage road east of Novak Avenue. 'o s can be made b If definitive recommendations y the Planning Commission on the area to be rezoned, th e request would g o to the January 25, 2005 City Council meeting. if q 2 a i 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 I I 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 standards and design guidelines. Site review of specific development plans will 3 r r r result in projects that will minimize any negative impact on surrounding properties. f. The demonstrated need for such use. 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. g. 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. i. The proposed use's conformity with all performance standards contained herein (i.e., 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/RECO M M EN DATION 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 /13-2 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 g 1 1 r move forward with the Wal -Mart request at their January 13, 2005 meeting, even if a decision has not been made on the other areas. 5 1 �-4-�,I _. _. �^ >-- --- � { �..,J►.._..�,_. qOT 14 V r i 1 � 1 i P " -' 58TH STREET ' r ... r� : { � •- r° °3 _ _ -. �._ „1�. � i � � li�i..E - --t -_ _ 1 �'---_ y � � � � - -- i. � ` , i�- .� - .. e t f f mod” i t 610 305 0 610 Feet ZONING DISTRICT Low Density Estate Residential Commercial N Low Density Residential Business /Residential Transitional 1 Medium Density Residential • y Industrial High Density Residential Business Warehouse Space Quasi- Public Facilities Park Facilities/Open en S . � P School Facilities - . Estate Residential /Golf Course/ Parks and Open Space Government Facilities p Wetland/Ponding areas EXHIBIT 1 CBD COMPREHENSIVE PLAN City of Oak Park Heights LAND USE � . NEIGHBORHOOD PLANNING DISTRICTS 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 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 desa of the project elements is found in the land use section of the Development Framework. The Valley Senior Services Alliance project has 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 36, Norell Avenue, Oakgreen Avenue, and 58th Street The extension of 58th Street between Norell and Oakgreen Avenues is projected 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 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 COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK 95 _ ! ./ `� '- +r.e.r► ,j' / / / , � `f -"Y^'w.r'v. -_ �/ J J l r+ /. /t � r f . r - / `' � ` "f / / _ I j/ r %,f! +� � �� - .. _- r; V j' ✓�, .1 ,• � . t /• �f � / l ✓ / '/ j _�� ', / +-- �� --STATE "HIGHWAY-31-6- 59TH STREET r '- / t _ � -� 'Y J �.'�� i �" _ r �� ,f ''+ ,. - .' - -•� r` . +' - . - � � f + j �rt + + r l� _ `� ��. ,f J ' . 58TH STREET i tl 55TH STREET ]-I A W ZONING DISTRICT 36 0 180 3�F I R - 1, Single Family Residential B -3, Highway Business and Warehouse R -2 Low & Medium Density Residential B -W Business/Warehouse N R -3, Multiple Family Residential I, Industrial R -B, Residential /Busi Transitional Open Space Conservation CBD, Central Business District PUD, Commercial Planned Unit Development B -2, General Business PUD, Residential Planned Unit Development Public/Institutional honed 0. Open Space Conservation) Parks (Zoned O, Open Space) `. ..., l Wetland /Ponding Areas EXHIBIT 2 ZONING MAP t ' City of oak Park Heights qw Roam am 11"ft $Kam aw 2awlau Applebees 1 � , L — — — 2 wmwm&Awv Haase � r- � f t — — — — — — — — — — — — — — — — — — — — — — — — — — r mm s s as s r r r` r �► � r �a � r r .�. s w .,s .+..� - �. �ir..� J-- — -------------- 59th Street as "low I .•E .NK ' '� �� � .^._ � ,,� a�11tiw�) ,p11.• ftw" 9"Wea oft ------- --------- I� Wal Mart m low Wal Mart Expansion Noe I I 14,N44,14 1 .7. • OVA% — — — — — — — — — — Oak reen Villa Office wo Residential m o Z et > wo OWN fIN °� PARKING RATIO C> 00. .5a oo Pro osed Parkina Anal is co K I � • ..4 , .ti C „ �. ,f '=`� EXISTING BUILDING AREA 97 S.F. Z Q MTM P , 9 $ ' . , PROPOSED EXPANSION AREA 109,395 S.F. UJ o _ a { f (SIGN PANELS a) A f ' . TOTAL BUILDING AREA 207,139 S.F. �= w I ' Of ,f o A A STANDARD SPACES 1011 SPACES oho I v' 1� _ N 1 0 100 ACCESSIBLE SPACES 21 SPACES Jr ! 1 '2 , `;•. -s . �. CART CORRA l s i �` LS ) z = r `r.. . !, ZO Y Q Z �i� < � SCAL£ IN fEET ---- ---'-- � � ._. Tc, • ,; TOTAL PARKING 1032 SPACES a- N RATIO X I � ,� ,, 4.99/1,000 S.F. i FOOTAGE GROSS SQUA i 1 nr89 e' ?rw 224 17 NOTE �-.- ° a �i ..j. G. t TO o► _ • ` % % 1► (s — — 1. ALL CM-CUL AT1O11S BASED oN TOTAL, RE AGE aF • 1 A MAX t 41 °W i� ` J _ }o �Aiacwc � _ , w 2. WAL. sL�► +� •-#IAR7 PRffFRED PARIQNG (so SP/'t, ss;� <C .` %cttcu�f = — F CODE: REQUvRED PA R€TAIL: t%2oo S.F. i f # I i =r+�L► a' ,r` _ _ _ �-- mss — { _ S SPACM CASs 4 + 2/SERWM STALL � TOTAL. R£OUIRED. PAI�'E]IENT — - "t0" PARfaNG S�'�ISC�( -- -_ -- _= 1 P tab 9 SPA= J AWpNC LAYOUT MEETS wAL- -MART STANDARDS W"CH IS WTI. tl LOCAL REWMAE)NTS �. -- - I CITY coo witt II' DEPTH 20' PROPOSE AAN � 4. PARKINC SHOW CONTAINS BOTH M AND W PARKING SPACES,. « OPETaNG TION T`"CAL- WAL --MART DMENSICtis wAoTit 9.5 H000 t z DEPT3t t ONE WAY AISLES 2d M WAY At9 M 25 -� R ACREAGE SUMMARY r PARCELS ACRE EAGE PARCEL wA _ L --MART LOT 3, BLOCK 1 16.3± A +"` WAL --MART -- LOT 4, BLOCK 1 1.7± - •�-_ = Palle eaTTOa aEy-a t.o 1 PARCEL. TO BE ACQUIRED 6.3E w t1 R M ORIGINAL O AOING " TOTAL 24.3± ► NN4.­a33.2 q " , n r - -- ... POTENTIAL FOW DEDICATION 0.8E TOTAL WAL -MART P 59 ARCEL 23.5± 59 T H STREET `` -- .NORTH TOTAL GREEN SPACE 5.4E ---- _ -_ -..- _ - 4 T _- 1 GAS LEASE AREA 0.5E _ V — ��► �A E SIM TOko#G CLAS.SvxATKki+ mTRAL BUSINESS IaIS"CWCT C8I7 ,- _ A �1 1 CLASWr_AT� � GENERAL BUSINESS D#ST LOC MOOD Z M A OF OAK PARR HQCN15 ONE C1ASSiF'wCAT1OIk NA „ s w o ,� BUILDING DATA � _: _ aa� x k x GROSS BUILDING AREA.' ?o7 s F. ` x Y x � , ,� _ J¢ BUILDING rsACxs R€�o (cfrrrRA� s�raess c ,c 0 T YARD b 1 //� r vE 1lE V )1! Y Y lr K .( ' r , t __ Cr SIDE YARD $ ..?.' �. Imo. r r I. � - 21Y REAR YARD J s 9LADING SEMACK LS RfQD (GD*RAL BUSINESS DWWCTx •10' FRO NT TAR SCI �1 T WA TER _ _ x� xx xx �tk x J _ Y ARD, DE: TION PON ` {y fJ, k k�l x e �X \ X 0%�'� I 20' REAR YARD 0," HEAVY x � } K ' ` . I BUIIDM+Q HE iT; >s a • £ vs zF `J f OA1Y 4 X rc x yx _ ` WAXML*A BY CCCC = E 6 b o 11 rr PAVE]LE?aT . ,�. yNe<g/ x � '`A Mr >�fi t C���� x ! Ill -MART SUpvf a:k" � =� /y J x t �C ( OU LD04G Cah'ERAM. '=- E_ XISTING WAL -MART STORE E)CSnNG B LIELING E.F.E. AREA • 47,744 SF 948.00 X X s • 1 "I A- *%A 4aam Nor kra -+ou .aw ` F r LAJ •1 p R �soa Lx EACH coq C x r x X YQvIy� V`YY x�� r r.r !� Ar4cE TO A VENUE w � IVEI} Y �' k u {yam 's K 1 r� �► s-r ?+LtE PRE 5SORS ^ j, n �, +� h a K> Q' X a t= G _ � �x x 4 ��t�+ Yk /�jl,yy '• - '^' " % ' �x ? XY �•'� vU'�` � +1(�), � r /`` � � � . , �°.• 1 , w f. S tORm A ER ' �, +w^ [! 4A• . / /� 1 x/ �/"k � 7 VY� ►^. , �• 7 1 W t OE TENTION POND *`',"..' . t x y V • .�I .�J )..J ry, 1 ^ >( 4 .. T * . /9ALf S � v ry � � �� .. �I ,� Y`�✓ ��` -� 1FCR'7� c4w. STU M # � e( Y'11 Yl/ *'1/ltSi� X rr r A XA A h.t h A.r , •rVy'� v � x ,� � �c �c ,a //�� �j ,V, 1 IF x b `� `� - -. � .t :r � Xx x Y`f,�YY���xk+(Y?r�+( (� _ "`�` t�. Asp tit x � M.x +' �+ __ _' } 1 ' _ i lM A / fyX ��*, l'K�( R'Y Cx ��1CY�K x S► Yy {fir` I DOMCKTE + ... ��,X'* v YY v Y tr y b ?f v lr ♦ �r �Cd Y X v Y X 1� x r'�ie�. 4 �l, �/`T k 'C x / y/ �' �.,sf x �� ! + � w t 1 -., ..,_ ` � � . , - +• • f ,� ,Y� Ir YY Y X� Y . , l �`.{.► ... _ 10` PARKING SE"fBAC�f ._ — ... _....,........,,......� T v v Y sr 1r Y dlg S - y J . , • '-- BEN s '+f""�'`� y , t S89 ? JO W 340.41 _ >R RD s' . ,• , ' • ' t w r .' ' . s iC r l �V V r• ! 4J LEGEND FOR •.c ,,,� . ' .- x 1^ t Y k >• Y 1r Y 'Sr '1r k �; 1 ► Jl FIN J`587H TN _JB Q st `�._ r �' . _ -- - >,r..�•n�.,�.�,y� -.�?� �+ II «., PROPO 1M PROVEMEN7S" E, "„Q * cnUr►AL IBIT 4 d - " �_.,� _ I PpaposED CL" 4dft ?p'l10 ob' .--� OIi / WAVY NB9 '36'?l'W 62.E _ % --1j Aran GU T" gas rx4c c aa�� �.'��0, pD PAVW r A it • ,72 f: 3 ASPkAL T Ow-WAY © R OF PARNNC STALLS PER ROW MM WW S_TAlCARD pUiY �! NEW L047 POLE AND MP,14JS ♦ w AST'rA►T PAVING ♦ PIPE BOtjApv Lxlt f fk* HEAVY DUTY CART CW$(AL - - - - i z A:�AhKT PAMrICr a Q EA LO(*iT POLE AND FIM t� { "�� � � SW a aw . mar. - map w a►[Ifi �M ;ldt AErR � `� T� !'EIr, ilDl r W W >E DIN r (; CONCRETE P AVING - 4.0 1 ALA f Xf 14"4 *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. 401.301.8. PERMITTED USES: The following are permitted uses in a CBD District: 1. Banks, savings institutions, credit unions and otherfnancial 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 cor�enience food establishments without adrive -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 parking and storage of private passenger vehicles only. 16. Rental services conducted entirely within a building. 17. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works, candle making, light metal working, provided at least twenty -five (25) percent of the 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 non - residential 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 District: 19. Off - street parking as regulated by Section 401.15.E of this Ordinance, but, not including semi - trailer trucks. 20. Off - street loading as regulated by Section 401.15.E 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 401.02.8. of this Ordinance to the principal use of the property. 301 -2 t , 1 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. 2. Open or outdoor service, sale and rental as an accessory use, but not including new or used automotive, truck, motorcycle or trailer rental or sales lots, provided that: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. 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 401.15.8.7. 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 401.06 of this Ordinance. 4. Day care -group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility 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 a 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 and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disniptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land .use compatibility and sufficient peripheral area protection shall be provided by the day care facility. C. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. e. Loading. One (1) off - street loading space in compliance with 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. g. Conditional Use and State Regulations. . Day care group nursery facilities shall be subject to the regulations and procedures of Section 407.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 301 -4 p 5. Cellular telephone antennas not located on a public structure, provide'that: a. The provisions of Section 401.03.A.8. and Section 401.15.P. of this Ordinance are considered and satisfactorily. 6. Two family, townhomes and multiple family dwellings, provided that: a. At least two parking spaces per unit must be provided on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re- use for commercial purposes. C. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. e. The development does not conflict with existing or potential future commercial uses and activities f. The density standards imposed as part of the R -3 Zoning District are complied with. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or - result . in incompatible land use arrangements as related to abutting residential uses or commercial uses. L Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. j. Residential and non - residential 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, provided that: a. The site is capable of accommodating the increased intensity of use. 301 -5 a b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. C. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front-and side yard setback requirements shall be increased five (5) feat, except for elderly public housing. e. The provisions of Section 401.03.A.8. of this Ordinance-are considered and satisfactorily met. 301 -6 401.30. -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 deaf 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. 401.30.B. 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: 1. 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 shall 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 401.15.8.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. i. The entire area other than occupied by buildings or structures or plantings 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) provided 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 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 shatl 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 u r"•, rte" C g. All lighting shalt 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 401.15.6.7. of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. L All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair -minor and tire and battery stores and service, 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 property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. C. The entire site other than that taken up by a building, structure or plantings 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 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 Ile 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- of -way and shall be in compliance with Section 401.15.6.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shalt be installed. L 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. j. 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 movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. . .I. 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. 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 by modifying the conditions. q. The provisions of Section 401.03.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: art, needlework, jewelry from precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.8. 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. 5. 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 incompliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with 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 401.15.8.7. 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 use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided 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. 99- 401 -08, 26 October 1999 30-6 S b. 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 401.15.13.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved 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 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. All 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. L 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 401.15.17 of this Ordinance and shall be subject to the approval of the City Engineer. I. A drainage system subject to the approval of the City shall be installed. 30 -7 4 M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.0 of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.66 of this Ordinance. 8. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibilit 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 rY 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 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: 1 } 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 of property values or constitute a blightin influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound -- proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 9 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. Y 30 -8 j C. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned properly, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section 401.15.17. 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. g. Conditional Use and State Regulations. Day care group nursery facilities 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 public structure, provided that: a. The provisions of Section 401.03.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 used automobile dealerships not including truck or other vehicle repair, provided 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. b. 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 401.15.6.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. *Amended Ord. 99- 401 -08, 26 October 1999 30 -9 r s 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. All 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. L 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 401.15.13.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.17 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 c j d. All setback distances as listed in thelable below, shall be measured from the appropriate lot line. District Front Yard Side Yard Rear Yard 0 50 feet 30 feet 50 feet R -1 30 feet' 10 feet 30 feet R -1 A 30 feet' 10 feet 30 feet R -1 B 30 feet' 10 feet . 30 feet R -1 C 30 feet' 15 feet 30 feet R-2 30 feet 10 feet? 30 feet R -3 30 feet' 20 feet 30 feet R-B 30 feet 10 feef 30 feet B-1 30 feet 20 feet 30 feet B-2 40 feet 10 feet 20 feet B-3 40 feet 10 feef 20 feet CBD No minimum" No minimum" No minimum" B-W 50 feet 20 feet 20 fee# i 50 feet 30 feet 40 feet ' 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. 2 Not less than thirty (30) feet from lot line, if lot is on a corner. 3 Not less than twenty (20) feet from lot line, if lot is on a corner. 4 Not less than fifty (50) feet from a lot if lot abuts a residential zoning district. s There shall be no front yard, exterior side yard or rear and requirements, except that the y q p re 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: EXHIBIT 7 15 -15 w i e) The reduction will not obstruct traffic visibility, ause a public y, safety problem and complies with Section 401-15.13.6 of this Ordinance. *f} 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 Lot Area Lot Width Building Height 0 5 acres 200 feet 35 feet R -1 10 1 400 SF 80 feet 35 feet R -1A 12,500 SF 85 feet 35 feet R -1 B 15,000 SF 90 feet 35 feet R -1 C 20,000 SF 100 feet 35 feet R -2 10,400 SF 80 feet 35 feet R -3 15,000 SF 100 feet 35 feet R -B 15,000 SF 100 feet 35 feet B-1 1 5,000 SF 100 feet 35 feet B-2 15,000 SF 100 feet 35 feet B 15,000 SF 100 feet 35 feet CBD No minimum No minimum 35 feet B-W 30,000 SF 100 feet 35 feet 1 1 acre 100 feet 45 feet Amended Ord. 97- 401.02, October 14, 1997 **Amended Ord. 99- 401 -01, 26 January 1999 15 -17 EXHIBIT 8