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11.56 - I-394 Overlay Zoning District Ordinance 9 11.56 Section 11.56: 1-394 Overlay Zoning District Ordinance Subdivision 1. Purpose The United States and Minnesota Departments of Transportation are upgrading State Highway No. 12 to become Interstate Highway 394 which will alter transportation pat- terns and foster new development and redevelopment along the highway corridor. It will also generate traffic congestion on both the freeway system and the local street networks in portions of St. Louis Park and Golden Valley resulting in traffic congestion, air pollution, noise pollution and other environmental problems. Since the Interstate Highway 394 corridor runs along the common border between the Cities of Golden Valley and St. Louis Park, they have studied the situation and entered into a Joint Powers Agreement respecting the same. This Ordinance is intended to impose on all dense developments, which will contain more than six tenths (0.6) square feet of gross floor area per each square foot of land area within a lot or parcel in the 1-394 corridor, the condition that once the traffic generated at the Xenia/Vernon interchange, the Louisiana Avenue interchange and the General Mills Boulevard/Boone Avenue interchange exceeds certain levels of service, or the established reserve capacity, whichever is first, the developments will be required to prepare and effectuate traffic management plans which will serve to reduce the traffic congestion, air and noise pollution and other environmental problems associated with them. The Ordinance does not prohibit development, but, rather, permits development assuming appropriate traffic management plans are in place and effect. The Joint Task Force will review the plans and insure their compliance with this Ordinance. Subdivision 2. Definitions A. Gross floor area: means the sum of the gross horizontal areas of the floor(s) of such building or buildings measured from the exterior faces and exterior ells or from the centerline of party walls separating two (2) buildings. Basements devoted to storage and space devoted to off street parking shall not be included. B. Zone A: is that part of the land lying in Golden Valley/St. Louis Park within the following described area: Following the South line of Circle Downs easterly from the intersection of Turners Crossroad and Circle Downs to State Highway 100; continue south along the westerly line of State Highway 100 to the northerly line of Parkdale Drive and continuing in a westerly direction across Vernon Avenue to the intersection of Cedar Lake Road; continue in a northwesterly direction on the north line of Cedar Lake Road to the intersection of Zarthan Avenue; continue along the east line of Zarthan Avenue North to the intersection of 16th Street West; continue west along the north line of 16th Street West to the east line of Golden Valley City Code Page 1 of 10 9 11.56 the Minneapolis, Northfield & Southern Railway right of way (except that portion which contains U.S. Highway 12); continue northeasterly along the east line of the Minneapolis, Northfield & Southern Railway right of way to the east line of Laurel Avenue; continue east along the southerly line of Laurel Avenue to the intersection of Turners Crossroad and continue south on the westerly line of Turners Crossroad to the intersection of Circle Downs, the point of beginning. C. Zone B: is that part of the land lying in Golden Valley/St. Louis Park within the following described area: Following the south line of Laurel Avenue east from the intersection of Winnetka Avenue and Laurel Avenue; continue on the southerly line of Laurel Avenue east to the westerly line of the Minneapolis, Northfield and Southern Railway right of way; continue in a southwesterly direction along the westerly line of the railway right of way (except that portion which crosses U.S. Highway 12) to the intersection of 16th Street West; continue on the northerly line of 16th Street West westerly in a straight line to the east line of Hampshire Avenue; continue on the west line of Hampshire Avenue north to the intersection with 14th Street West; continue on the northerly line of 14th Street West to the intersection with Pennsylvania Avenue; continue on the easterly line of Pennsylvania Avenue north to the intersection with 13 1/2 Street West; continue on the northerly line of 13 1/2 Street West to the intersection of Rhode Island Avenue; continue on the easterly line of Rhode Island Avenue north to the intersection of 13th Avenue; continue on the north line of 13th Avenue west to the intersection with Texas Avenue; continue on the easterly line of Texas Avenue north to its intersection with U.S. Highway 12; continue on the northerly line of U.S. Highway 12 west to the intersection of Winnetka Avenue South; continue on the easterly line of Winnetka Avenue South north to the intersection of Laurel Avenue, the point of beginning. D. Zone C: is that part of the land lying in Golden Valley/St. Louis Park within the following described area: Following the south line of Betty Crocker Drive east from the intersection of County Road 18 (now known as U.S. Highway 169) and Betty Crocker Drive to the intersection with General Mills Boulevard; continue on the west line of General Mills Boulevard south to the northerly line of Section 6, Township 117, Range 21; continue east on the northerly line of Section 6, Township 117, Range 21 to the intersection with Winnetka Avenue South; continue on the center line of Winnetka Avenue South south (except that portion which crosses U.S. Highway 12) extended to the boundary line of the Cities of Golden Valley and St. Louis Park; continue on said boundary line west to the east line of County Road 18 (now known as U.S. Highway 169) continue on the east line of County Road 18 (now known as U.S. Highway 169) north (except that portion which crosses U.S. Highway 12) to the intersection with Betty Crocker Drive, the point of beginning. Golden Valley City Code Page 2 of 10 9 11.56 E. Level of Service A: means traffic moves freely. All waiting vehicles clear on every green interval. Low percentage of stops on major movements (average delay per vehicle - five (5) seconds). F. Level of Service B: means traffic moves fairly freely. All waiting vehicles will still probably clear on each green interval. Vehicles on the major movements can expect a less than fifty percent (50%) probability of stopping (average delay per vehicle - fifteen (15) seconds). G. Level of Service C: means traffic moves smoothly. Some minor movements may not completely clear on every green interval. Vehicles on the major movements can expect a greater than fifty percent (50%) probability of stopping (average delay per vehicle - twenty-five (25) seconds). H. Level of Service D: means an acceptable intersection operation for peak period flow. Many intersection movements may not clear on every green interval. Some vehicles on the major movements may still go through the intersection without having to stop (average delay per vehicle - forty (40) seconds). I. Level of Service E: means unstable traffic flows. All intersection movements experience failure to clear on their green intervals. No vehicles are able to go through the intersection without stopping (average delay per vehicle - sixty (60) seconds). J. Level of Service F: means saturation condition. All vehicles must stop and all vehicles will probably require more than one (1) green interval to travel through the intersection (average delay per vehicle - sixty (60) seconds). K. Xenia/Vernon interchange: means the area in which Xenia and Vernon Avenues cross 1-394 and the eastbound and westbound exit and entrance ramps intersect with them and the Xenia/Vernon intersections with the frontage roads on both the north and south sides of 1-394. L. Louisiana Avenue interchange: means the area in which Louisiana Avenue crosses 1-394 and the westbound and eastbound exit and entrance ramps intersect with it and the Louisiana Avenue intersections with the frontage roads on the north and south sides of 1-394. M. General Mills Boulevard/Boone Avenue interchange: means the area in which General Mills Boulevard/Boone Avenue crosses 1-394 and the eastbound and westbound exit ramps intersect with them and the Boone Avenue intersection with the frontage roads on the south side of 1-394. N. Reserve Capacity: means the amount of additional gross floor office area that may be constructed before an intersection reaches a maximum acceptable traffic level of service. The total reserve capacity for the Xenia/Vernon Golden Valley City Code Page 3 of 10 S 11.56 interchange is two million, two hundred thirty thousand (2,230,000) square feet of office development which has been allocated sixty percent (60%) or one million, three hundred thirty eight thousand (1,338,000) square feet to St. Louis Park and forty percent (40%) or eight hundred ninety two thousand (892,000) square feet to Golden Valley. The total reserve capacity for the Louisiana Avenue interchange is one million, five hundred seventy five thousand (1,575,000) square feet of office development which has been allocated ten percent (10%) or one hundred fifty seven thousand, five hundred (157,500) square feet to St. Louis Park and ninety percent (90%) or one million, four hundred seventeen thousand (1,417,000) square feet to Golden Valley. The total reserve capacity for the General Mills Boulevard/Boone Avenue interchange is eight hundred eighty five thousand (885,000) square feet of office development which has been allocated one hundred percent (100%) to Golden Valley. O. PM peak hour: means the period of time between 4 pm and 6 pm on business days of the week. Subdivision 3. Area Covered The area covered by the 1-394 Overlay Zoning District is that portion of Zones A, B and C lying within the boundaries of Golden Valley. The Ordinance is intended to supplement or overlay the existing zoning of lots or parcels in the area covered, not to contradict or replace the existing zoning and contemplates substantially completed and operational interchanges at 1-394/Xenia-Vernon, 1-394/Louisiana Avenue and 1- 394/General Mills Boulevard-Boone Avenue in the communities of St. Louis Park and Golden Valley. The City may restrict development below the projected reserve capacity or the traffic level of service, if, in the exercise of its judgment, it deems it appropriate to do so. Subdivision 4. Imposition of Conditions A. All developments in the area covered by this Ordinance which will contain more than six tenths (0.6) square feet of gross floor area per each square foot of land area within a lot or parcel shall obtain a conditional use permit or planned unit development permit in conformance with the terms of this Ordinance. B. In addition to the other land use requirements of the City Code, the conditional use permit or planned unit development permit required by Subdivision 4.A. above shall contain the following conditions: 1. For all parcels located within Zone A, each time a) the traffic generated for one (1) hour during the pm peak hour three (3) days out of five (5) consecutive business days exceeds Level of Service E at more than half (1/2) of the intersections within the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one (1) hour during the pm peak hour three Golden Valley City Code Page 4 of 10 S 11.56 (3) days out of five (5) consecutive business days reaches Level of Service E at more than half (1/2) of the intersections of the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the pm peak hour (or keep it within the city's allocable portion of the reserve capacity, if that applies), given the pm peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit 1. The owner shall submit the traffic management plan to the Joint Task Force which shall review and approve all traffic management plans before they may be implemented. 2. For all parcels located within Zone B. each time a) the traffic generated for one (1) hour during the pm peak hour three (3) days out of five (5) consecutive business days exceeds Level of Service 0 at more than half (1/2) of the intersections within the Louisiana Avenue interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one (1) hour during the pm peak hour three (3) days out of five (5) consecutive business days reaches Level of Service 0 at more than half (1/2) of the intersections of the Louisiana Avenue interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service 0 at the pm peak hour (or keep it within the city's allocable portion of the reserve capacity, if that applies) given the pm peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit 1. The owner shall submit the traffic management plan to the Joint Task Force which shall review and approve all traffic management plans before they may be implemented. 3. For all parcels located within Zone C, each time a) the traffic generated for one (1) hour during the pm peak hour three (3) days out of five (5) consecutive business days exceeds Level of Service E at more than half (1/2) of the intersections within the General Mills Boulevard/Boone Avenue interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one (1) hour during the pm peak hour three (3) days out of five (5) consecutive business days reaches Level of Service E at more than half (1/2) of the intersections of the General Mills/Boone Avenue interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the pm peak hour (or keep it within the city's allocable portion of the reserve Golden Valley City Code Page 5 of 10 9 11.56 capacity, if that applies) given the pm peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit 1. The owner shall submit the traffic management plan to the Joint Task Force which shall review and approve all traffic management plans before they may be implemented. 4. Each development containing more than six tenths (0.6) square feet of gross floor area per each square foot of land area within a lot or parcel within one (1) of the three (3) zones shall monitor the traffic generated by it, the locations and times to be determined by the Joint Task Force, and it shall supply such traffic volume figures to the Joint Task Force. Each planning department will publish those figures yearly. The Joint Task Force shall determine the acceptable methods of measuring traffic volumes, the acceptability of persons or firms undertaking it and all other reasonable requirements in connection therewith. C. Each developer or owner of a parcel who leases part of the parcel, or part of a building thereon, to one (1) or more tenants shall include the following in each lease: The Cities of Golden Valley and St. Louis Park have established an 1-394 Traffic Zoning Ordinance. It will require traffic management plans for traffic generated by this and certain adjacent developments when certain conditions occur. Under such conditions it will restrict traffic generated by these developments. The plan is intended to promote improved traffic circulation and reduce pollution and congestion, particularly during peak times, for all users of city streets. The traffic management plans prepared by the owners may require the use of rideshare incentive programs, public transit incentives, bicycle and pedestrian incentive measures, variable work hours or flex-time programs under which employees are required to stagger their work hours, measures to reduce reliance on single occupying vehicles, shared parking and the like. A copy of the complete ordinance may be obtained by calling the city offices of Golden Valley or St. Louis Park. Golden Valley City Code Page 6 of 10 9 11.56 EXHIBIT 1 1-394 CORRIDOR TRAFFIC STUDY TRIP GENERATION RATES SOURCE/COMPARISON PM PEAK HOUR TRIP GENERATION RATES LT.E (1982) BRW/MC SRF/MNTKA SRF/G.V.- LT.E (1987) S.L.P. LAND USE TYPE UNIT In Out In Out In Out In Out In Out Res. Sngl. Fam. D.U. 0.63 0.37 - - 0.63 0.37 0.63 0.37 0.63 0.37 Res. Mid-Density D.U. 0.32 0.19 0.63 0.38 0.50 0.30 0.50 0.30 0.41 0.21 Res. High-Density D.U. 0.44 0.26 0.66 0.38 0.38 0.22 0.38 0.22 0.32 0.17 Office<200 K.S.F. 1000 SF 0.44 1.76 0.37 1.49 0.44 1.76 0.44 1.76 0.31* 1.66* Office>200 K.S.F. 1000 SF 0.44 1.76 0.37 1.49 0.24 1.76 0.24 1.76 0.24 1.26* Retail<200 K.S.F. 1000 SF 2.85 3.05 2.98 3.18 2.96 3.15 2.96 3.15 4.17* 4.52* Retail>200 K.S.F. 1000 SF 2.11 2.69 2.61 3.32 1.62 2.06 1.62 2.06 1.69* 1.84* Industrial 1000 SF 0.35 0.70 - - 0.32 0.63 0.32 0.63 0.20 0.77 Restaurant 1000 SF 3.79 2.35 1.16 0.71 2.74 1.69 2.74 1.69 5.00 2.25 Hotel/Motel ROOM 0.36 0.37 0.51 0.52 0.51 0.52 0.32 0.33 0.37 0.24 Entertainment Club 1000 SF 0.73 0.77 - - 0.73 0.77 0.73 0.77 0.74 0.78 Golf Course ACRE 0.08 0.31 - - - - 0.24 0.45 0.03 0.35 Nursing Home BED 0.05 0.16 - - 0.05 0.16 0.32 0.33 0.05 0.16 Service Commercial 1000 SF - - - - 2.35 2.12 Retail>1000 K.S.F. 1000 SF 1.40 1.90 1.04 1.10 1.12 1.18 - - 1.39 1.51 *Mid rate in new (1987) LT.E. range between 10-200 K.G.S.F. and 300-1,000 K.G.S.F. Golden Valley City Code Page 7 of 10 9 11.56 Subdivision 5. Owner Requirement Each development on a parcel which is required to have a traffic management plan by the terms of this Ordinance shall manage the traffic it generates in such a way as to substantially meet the terms of the traffic management plan for that parcel. Subdivision 6. Traffic Management Plan In addition to being approved by the Joint Task Force, the initial traffic management plan shall be reviewed by the other city planning agencies and approved by the city council as part of the regular conditional or planned use approval process. It shall utilize the appropriate techniques available to reduce the pm peak hour traffic generated by the parcel, including but not limited to: A. Ride sharing incentive programs which may include activities to encourage and assist the formation of car, van and bus pools, such as cash payments or subsidies and preferential parking charges and parking space location, and other analogous incentive programs. B. Public transit incentive programs which may include the provision of para- transit services to and from convenient public transit sites and to accommodate mid-day and evening excursions, the constructing of transit shelters and amenities, the construction of bus/rail transit stations and related facilities, the dedication of land and the provision of other subsidies for the construction and operation of public transit facilities, the provision of transit fare media subsidies and marketing programs, and the provision of other analogous incentive programs. C. Recommended improvements in public transit which services the site of the proposed use, such as changes in service routes, increases in the frequency of service, alternations in the location of facilities, the establishment of fare incentive programs and other measures designed to make public transit more accessible to occupants of the proposed use. D. Bicycle and pedestrian incentive measures which may include the provision of bicycle parking and storage facilities, the construction and extension of bicycle paths and pedestrian walkways, the provision of shower and locker facilities and similar incentive features. E. In the case of office and industrial uses, variable work hour, or flex time, programs under which employees working at the proposed use will stagger their work hours in order to effect a reduction in the amount of peak period traffic to and/or from the use which would otherwise occur, F. Measures to reduce the reliance on single-occupancy vehicles by employees and others who will travel to and from the proposed use which may include parking fee structures tailored to discourage single-occupancy vehicles, proscription of tenant-employer subsidy of parking costs for single-occupancy vehicles, time and other access restrictions to parking spaces in on-site parking facilities, and Golden Valley City Code Page 8 of 10 9 11.56 programs to support and encourage the utilization of alternative transportation modes. G. Use and accessory use design options which reduce reliance on single- occupancy vehicles by employees and others who will travel to and from the proposed use, such as the provision of less parking area than that required under the provisions this chapter, shared parking arrangements, the incorporation of residential units (in the case of proposed commercial uses) and other analogous design features. H. Any other technique or combination of techniques capable of reducing the traffic and related impacts of the proposed use. Subdivision 7. Non-conforming Traffic Generation Uses Non-conforming traffic generation uses are all uses within the area covered by this overlay ordinance which existed or had approved land use and building permits therefore before the effective date of this Ordinance. If a non-conforming traffic generation use exceeds more than six-tenths (.6) square feet of gross floor area per each square foot of land area within a lot or parcel, it may not be altered or modified unless it conforms to the terms of this Ordinance. Subdivision 8. Joint Task Force The Joint Task Force shall consist of eight (8) members: two (2) elected officials from each city, each city manager and a staff member appointed by the city manager from each city. Its function shall be to periodically monitor the traffic generation and air pollution in Zones A, Band C and to review traffic management plans so as to insure their compliance with the intent and purpose of this Ordinance. It also shall adopt and promulgate rules of procedure. If the Joint Task Force deadlocks, the issue or matter shall be submitted first to mediation under the Rules of the American Arbitration Association. Thereafter, upon agreement of the parties, the issue or matter may be submitted under the Rules of the American Arbitration Association to binding arbitration by a single arbitrator chosen by the parties, or if they cannot agree, by the Hennepin County District Court. The arbitration shall proceed under the Rules of the American Arbitration Association. Source: Ordinance No. 13, 2nd Series Effective Date: 3-22-89 Subdivision 9. Traffic Management Fees and Assessments Under the authority in Minnesota Statute 9462.353, Subdivision 4, each owner of a parcel or development subject to the terms of this ordinance shall pay a traffic management administrative fee of ten cents (10<1:) per square foot of gross floor area. Fifty percent (50%) of the fee shall be paid at the time such owner applies for a conditional use permit or planned unit development permit for such development and fifty percent (50%) of the fee shall be paid at the timesuch owner applies for a building permit therefor. The fees shall be collected by the city and deposited as a separate fund under the authority of the Joint Task Force. The fund will be used by the Joint Task Force only for its costs incurred in reviewing, investigating and administering traffic management plans under this ordinance. Should the costs of administering and enforcing this ordinance require it, the city reserves the right to Golden Valley City Code Page 9 of 10 9 11.56 periodically assess such costs to the parcels within the area covered. The city also reserves the right to periodically assess the parcels within the respective areas for the costs involved in implementing capital improvements designed to reduce traffic congestion, facilitate transit use, and implement traffic management plans in the vicinity of Xenia/Park Place Boulevard and 1-394, Louisiana Avenue and 1-394, and Boone Avenue and 1-394. Source: Ordinance No. 174, 2nd Series Effective Date: 2-26-98 Golden Valley City Code Page 10 of 10