Loading...
10-24-88 PC Agenda . .. . . . . , . . . . . . .f . Y, � Golden Valley Planning Commission Civic Center, 7800 Golden Valley Road Monda , October 24, 1988 �� 7:00 P.M. AGENDA ' I. APPROYAL OF FtIi�I�TES - OCTOBER 1Q, 1988 II. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: H. i. Enterprises, Inc. LOCATION: 7925 Wayzata Boulevard REQUEST: Approval of a Conditional Use Permit to Allow Tire � Service and Light Automotive Repair in a Commercial Zoning District III. REVIEW OF I-394 OVERLAY ZONING DISTRICT ORDINANCE IV. REPORTS ON HRA, BZA AND CITY COUNCIL MEETINGS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * � PLANNING COMMISSION GUIDELINES FOR PUBLIC INPUT The Planning Commission is an advisory body, created to advise the City Council on land use. The Comnission will recomnend Council approval or denial of a land use proposal based upon the Comnission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the pro- ' posed use will, or will not, adversely affect the surrounding neighborhood. The Comnission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer cortments. Your questions and comments become part of the record and will be used by the Council, along with the Comnission's recomr�ndation, in reaching its decision. To aid in your understanding and to facilitate your cortments and questions, the Comnission will utilize the following procedure: 1. The Comnission Chair will introduce the proposal and the recom�ndation from staff. Comnission members may ask questions of staff. 2. The proponent will describe the proposal and answer any questions from the Comnission. 3. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/com►�nts if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/coimients. 4. Please give your full name and address clearly when recognized by the Chair. Remember, your questions/comnents are for the record. 5. Direct your questions/comnents to the Chair. The Chair will determine who will answer your questions. � 6. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 7. At the close of the public hearing� the Comnission wi11 discuss the proposal and take appropriate action. 4 '� MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION ! October 10, 1988 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7:02 P.M. Those present were Commissioners Kapsner, Leppik, McAleese, McCracken-Hunt, Prazak, and Russell . Commissioner Lewis was absent. Also present were Mark Grimes, Director of Planning and Development, and Beth Knoblauch, City Planner. I. APPROVAL OF MINUTES - SEPTEMBER 26, 1988 It was moved by Commissioner McCracken-Hunt, seconded by Commissioner McAleese, and carried unanimously to approve the minutes of the September 26, 1988 Planning Commission meeting. II . PRESENTATION BY DAVE SEBOLD REPRESENTING RON CLARK CONSTRUCTION - AREA C OF VALLEY SQUARE Director of Planning and Development Grimes said that Ron Clark Construction had been designated developer of Area C in Valley Square and that the HRA was in the process of negotiating a development agreement with them. He introduced Mr. Dave Sebold from Ron Clark Construction. Mr. Sebold presented the preliminary plans for the block which show about � 100,000 square feet of retail space and office/service space on two levels. There is also a six-story, 100 unit apartment building on the site. Mr. Sebold stated that the retail portion will probably be mid price retail with a fashion orientation. The apartment units will be in the mid to upper price range. The Planning Commission addressed concerns regarding the adequacy of parking on the site and the lack of area for landscaping and setback. There was also a discussion about the accessibility of the apartments to the retail space. The Planning Commission felt that the residents should have access to the retail shops so that they do not have to go outside. III . PRESENTATION BY RICHARD MYERS REPRESfNTING LINCOLN PROPERTY COMPANY - HIGHWAYS 100 AND 55 EXPANDED NQRTH WIRTH PARKWAY REDEVELOPMENT DISTRICT Director of Planning and Development Grimes introduced Richard Myers of Lincoln Property Company. They are proposing a 590 unit apartment development at the northeast corner of Highways 100 and 55. The area is in the expanded North Wirth Parkway Redevelopment Area. The proposed use of the apartments is con- sistent with the goals of the North Wirth Parkway Redevelopment Area plan. Mr. Myers presented drawings of the proposed development. He said that the site is 24 acres. He is looking at a two phase development with the first phase beginning in the summer of 1989 with a completion in mid 1990. The second phase would begin in mid 1990 and finish in 1991. � 4 '( � Minutes of the Golden Valley Planning Commission October 10, 1988 Page 2 � There are two distinct building types. The first type is a 3 - 4 story typical apartment with underground parking. The second type is a two-level walkup building with a courtyard. The apartments would have a front and back side for improved ventilation and exposure to the sun. All units will have washers and dryers. A11 units will have at least one underground parking space. There are plans for superior amenities with the complex including indoor and outdoor pools, tennis courts, walking and jogging trails and a 5,000 square foot club house. The Planning Commission discussed the access to the site. They agreed that the proposed traffic signal near the old White House will improve access to the area. However, there was some concern regarding the need for a second access to the site from the north. Director Grimes explained that in 1991 or 1992 the plan is for MnDOT to complete the frontage road system to the north across the railraad tracks and thereby give the development a second access. There was also concern regarding the removal of 112 moderate rent units and replacing them with high rent, luxury units. IV. PRESENTATION BY JOHN BOSSARDT REPRESENTING BOSSARDT CHRISTENSON CORPORATION - NORTH WIRTH PARKWAY REDEVELOPMENT DISTRICT Director of Planning and Development Grimes introduced John Bossardt of Bossardt Christenson Corporation and Ron Erickson of Korsunsky Krank Erickson Architects. Bossardt Christenson is proposing to redevelop the Otto Bock, Juhl Brokerage, Action Electric and Soo Line properties in the North Wirth Parkway Redevelopment * Area. Mr. Erickson presented drawings of the site plan and building elevations. The plan is to construct 200,000 square feet of Class A office space on Highway 55 in two buildings and 70,000 to 90,000 square feet of light manufacturing or office/high tech space a]ong the railroad tracks to the north. The office buildings would be up to eight stories in height. There is the possibility of a restaurant on the first level of one of the office buildings. Parking for the site would be to the north of the office building with the possibility of a parking deck. Access to the site is from Highway 55. The City is currently working with MnDOT to get approval of a second signal at Ardmore. The Planning Commission was impressed by the proposal of Bossardt Christenson. V. I-394 OVERLAY ZONING DISTRICT ORDINANCE Director of Planning and Development Grimes said that City Attorney Allen Barnard would be present at the next Planning Commission meeting to discuss the I-394 Overlay Zoning District Ordinance. The meeting was adjourned at 9:05 P. M. � � ,� , October 17, 1988 � T0: Golden Valley Planning Commission FROM: Beth Knoblauch, City Planner SUBJECT: Informal Public Hearing - Conditional Use Permit for H. I. Enterprises, Inc. , 7925 Wayzata Boulevard Ms. Beverly Kottas, acting for H. I. Enterprises, Inc. , has filed an application for a Conditional Use Permit to allow tire service and light automotive repair for up to four vehicles at a t�me at the site of the Golden Va11ey Mini Mart. The site i� zoned far commercial use, an� auto repair is a permitted conditional use in commercial districts. The convenience store and gas station currently occupying the site are both conditional uses as well , so this request would add a third conditional use to the site. H. I. Enterprises was denied a similar CUP amendment in 1983 because the City at that time had strong reservations about allowing auto repair at the site in question. According to the City's ordinances, reapplication can be made if six months or more have elapsed since the matter was last considered. As listed on the application, the reasons for the present request are: 1) the access limita- tions imposed by I-394 require a stronger attraction at the site to maintain a � profit�ble business, and 2) the other H. I. Enterprises site, rented from the City and located in the Valley Square Redevelopment Area, will be put out of business as development proceeds. Both of these facts have been well known to the Kottas family since they began operations at the two sites. The Golden Valley Mini Mart represents a successful redevelopment of two margin- aliy usefui sites. The operation has been clean and attractive. The I-394 corridor to the front, and an e�sbar�kment to the rear, provide partial buffers for adjacent uses. The site is not served by City water or sewer. The Pollution Control Agency would have to determine whether the on-site sewage holding tank could handle the additional load s�enerate� by th� �ncr°eased number of employees and customers. The Waste Cor�trol Commission would have to regulate the collection and disposal of the hazardous waste by-products of the auto repair and servicing activities. Setback and parking waivers were required in order to construct the existing facility, and additional waivers would have to be granted by the City's Board of Zoning Appeals to accommodate the proposed use. H. I . Enterprises should go to each of these agencies for the necessary licenses and approval before proceeding to the City Council for final approval of the CUP. In determining whether or not to recommend approval of a request for a Conditional Use Permit, the Planning Commission must make findings on ten separate items. In the case of H. I. Enterprises, the following findings may be made: � L t � Golden Valley Planning Commission October 17, 1988 Page 2 � 1. Demonstrated need for the proposed use. The Yellow Pages directory lists twenty locations within Golden Valley that offer some form of auto repair, auto servicing, or tire sales. At least three of these locations are or may be going out of business because of the City's redevelopment activities. Clearly, H. I. Enterprises feels that there is ample demand for auto servicing in Golden Valley, or it would not be requesting the CUP. 2. Consistency with the Comprehensive Plan of the City. The proposed use is consistent with the Comprehensive Plan, which designates the site for commercial uses. 3. Effect upon property values in the neighboring area. The Golden Valley Mini Mart is clean and well-run, with no indication that it has caused harm to nearby property values thus far. The addition of an automobile repair and servicing area does carry some risk of adverse impacts extending off-site, but such impacts generally are the result of poorly planned and/or poorly operated facilities. The characteristics of the site itself will serve to limit potential off-site impacts. If there are to be any problems, the Thorpe property to the west is the most likely to be affected, especially since the applicants' proposal would extend their building to within five feet of the property line on that side. � 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. Because this is a combined facility, it is difficult to predict how many new trips would be generated by people who would not be going there for another purpose. The changing access configuration caused by the construction of I-394 also presents an �r�knawn factor. However, it is not anticipated that the addi- tion of the four proposed service ba�os �ill have a significant impact on the area's overall traffic flow. There is a potential for on-site congestion caused by inadequate parking and loading and poor circulation. 5. Effect of any increases in population and density upon surrounding land uses. The proposal involves no population increase. However, the development density of the site relative to the City's ordinances will be rather high. Considerable setback and parking waivers are involved, making this a very tight site for the activities included on it. This may cause some infringement on adjacent uses or on public right-of-way. 6. Increase in noise levels to be caused by the proposed use. There may be some increased noise due to the use of machinery and the testing of car engines. This should not extend noticeably beyond the premises except possibly in the warm weather months when service bay doors are more likely to be � left open. � � . Golden Valley Planning Commission October 17, 1988 � Page 3 7. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use. Again the use of machinery and the running of engines may cause increased levels of these undesirable elements. 8. Any increase in flies, rats, or other animals or vermin in the area to be caused by the proposed use. The proposed use is not expected to attract insects or other pests. 9. Visual appearance of any proposed structure or use. The proposed structure would be an addition to the existing building, extending westerly for an average distance of 110 feet with a depth of 35 feet. There would be four service bays in a row adjacent to the existing building and opening to the north, with a storage area at the westernmost end. 10. Any other effect upon the general public health, safety, and welfare of the City and its residents. There are certain conditions that should always be of some concern to those charged with protecting the public welfare. The lack of municipal sewer and water services, the generation of hazardous waste products, and the divergence � from specified setback and parking requirements are such conditions of concern on the Golden Valley Mini Mart site. However, if H. I. Enterprises obtains the necessary licenses and approvals regarding these conditions, then the proposed use is not likely to have a major impact on the general public. According to Planning Commission minutes, Ms. Kottas stated in 1983 that other operators of combined gas stations and convenience stores had found that such facilities were not conducive to the addition of auto repair services. This raises a question as to whether conditions have changed enough since then to make the current proposal feasible. If the auto repair activity fails, what alterna- tive use will then be proposed for the structural addition? The Planning Commission may wish to consider a recommendation for two service bays rather than the four requested in the application. This would be enough to replace the service bays lost at the other H. I. Enterprise facility, it would not require a setback waiver adjacent to the Thorpe property, it would require fewer parking spaces, and there might be less concern over the feasibility of service/repair activities at this site. The following conditions should be included in any recommendation made by the Planning Commission: 1. Site improvements shall conform to the site sketch dated September 27, 1988 and on file in the Planning and Development Office, except for specific alterations dictated by a City or State office as a prerequisite to obtain- � ing necessary approval or licensing for the site. In the case of such alterations, an amended site plan shall be submitted for filing in the Planning and Development Office. � �� . Golden Valley Planning Commission October 17, 1988 Page 4 � mu m 2. The site st co ply wTth or receive waivers from all applicable State and local regulations, including but not necessarily iimited to those of the Minnesota Pollution Control Agency, the Minnesota Waste Management Board, and the Golden Valley Board of Zoning Appeals. 3. All conditional uses on the site, existing and proposed, shall be included in the new Conditional Use Permit so that no previously authorized permit shall be applicable; this is an administrative detail only, and shall not be taken to alter the provisions regarding previously permitted activities. 4. No further structural additions shall be permitted on the site, and no additional uses shall be allows; this shall not prevent the site owners from applying for future alterations to the structure or substitutions of use as long as no additions are involved. 5. The exterior facing on the structural addition must match as close1y as possible with the existing structure, no windows are to be permitted in the westerly wall of the addition, and no access larger than a standard pedestrian entry shall be allowed on any exterior wall of the area marked for storage. 6. The area so marked shall not be used for any purpose other than the dead storage for which it is labelled on the site sketch. � 7. There shall be no outside storage of materials, and any refuse area shall be screened from view. 8. Failure to comply with any of the conditions of the Conditional Use Permit shall be grounds for its revocation, pursuant to a two-thirds affirmative vote by the City Council . � . . . . �� �• v I '+� � " Z/ I?• "LS . • '�. • .. '� , ��4 P�,�S �n , I` • : " � � t�; ��! �w � � � ��,�,±�� �, �ivo.� • ' • ` s 1� � � �xt� R-�' ! - '` vice � � �D . E A ,Qpq� s � . �; *�-- x � � /4 • �, � i � � 4 � $ � ' •� rtla�ol R `:«' �, f'� ; � y � R � // /D � �d 7 � s � ' A Nsa� ���►� '` �''t.��: . = f; � � � _ _ • �n • • s��z�' �._�• o � . _ , s•Itt 3 � �' - �`Tr. F�tlf )�!'1'�g '� %/ V/ - "i �X�� � tc � • .. ��r t�p � •'.� �`�iy: O� _ �$; �j �� .��Yy/�e � ! s•� � � 3 �S%S'yll� . �- '� �+ w "Ju--. � � � • , � : :� lS.1��.� +� :�$ � � ,�i' -�7 �� ���f0� � ; �"" + i 1 , • __:� o� � T ,� �'# "�� ';�� 8� � � � w � � �.. o W ...�.t»m� � - ! i-dt r f 0 ,. �n� 3 � �� � Q �� � *-., �' N �J.!.'--•:►rr.Tf �st �i �6 = � ; � � `� ' �n � ; � �.�I�t_ �_ _ji�. �S• Z I� "` �� w s ' Tit-�' � � '� =3 Y^. .� ��� • y ,� � ��� � 8 � � � � . _ : �i .. l.I ;`� S • 3 '�^, � '� =t '. _!.. '�• ' � ,�u ., � 3�� E �REGORY r �. � t� ��`' ` i! `' I rs...4 N� °��s �$ �tRQ -- --- �� 10 d � ` ° _ - � � � "'+ t ' �� ' A ;��' o !�'` • f -- - - ���';`� '�f��! � r . i v OQ N $^ �s j �:� . � 8 /� �� r,, -�l� LL � �. • n t . � w � A • • � r � . � - ���. � • � T�� �� ~ Z�� � � • � �/0 , �'� � • /� ' �� ' W n �` 8 $ 1 K . � Q � � r..�, t�°`'�► � _ .� 3 $ . ♦- - - �-• . ��_ _ . , "''4. � � �. �• � � :` Q ' � �. • IS b . � - �'q�y- '` • � -!�o �' � • , , � � . � w ►i . �' - - �� ; '�� ��- � � !/ � � , . 4 � . � ♦ - - - - -'t�` , e ,, `'� � �� . �\ �. � , � '�� isl.tf • ��'S � �,,, • r� • � 6� RtE '� .` ��� �'•�,. � Q �/ ti 'I� `�(� � �� �� ��-' /��; � •`•��,1s lf• ` W ,j � /� . ¢� �� , � ��s•/ � .� .� � �_ -i�w � w�� . � ���. • � '�- - - ' y :� tt 3� � � '��� o � �'� � � ��9� j � - -��$ � �-.�- - . • �% � � � '' '� ��e is • /j P` Z! � � j� ' � �,'�o` i� �' q��T rE�_ i t4 ' � a . �'�' .� h�, � �. ,�/+ /` S . s. ---�- �1 � �� � !C . ,f_ -�is,�_ - - �� --�-;� �, .�ij'�� c � �__��.� '�-_--:_ �-� • �.w' � . s \ � �� � /�' - S'� �'0- '?'�. FZao�o) ~ ,� . + - :- j , � -�'1` �--- . �t �. r- �' RK � � ah Ad�•- ,` • �� ���•s�.s.' e•r�. � . 1 ' . .,,_ . i �•,, „� .- o ,�. ��.1,.,.,a. �•f•�+w . . . � j ' S � �'�� �t„' -�� � 1 . . . � � .• ' � � `��1�� ������'�� � _ • . . . � - . . � �� . , / •00 - _ 1�.9- . . • . . � , H. 4 EN1'EAPR19tS�'ft t � . ; - 7925 WAYZATA BLW. i. ENTERPRISES. INC. . � �� . . - • . ' .� -. _ . . t•���!�?APpUS. �.! •-T825 WAYZATA BlVO. � _'.' . • . . � . . . !!IINNJIPOUS� MN 554Za - ,, . . , . , . ��.T • � �l.at. _ ,r_ '�. „ � � t• . �' ; • r. . , � ����� �• ���y • ' ,� �� .f ' � '• ,. . . . , - N iH•' . :� ;, , � � •.►i K 7Ax • . • :. " . I,•_ -- ' ' COL�N/ r �H PLA:S L�f ::t�'- eJ� �F�c CL�IJ-; r ' �► -�-- E�a . ', �1 �I____ r'~'"Z-. ..r;'�y.�s.�..r '� �'•• ,�• /�, '�`2..��_ y___ � �s.y ! 'Lr.:,.,�+ ' ;�, : �J�, .r . •- • . ..n. �i.Y.-�-��...�, . . } .`' .. , ' I � . . ; 1 I . i ' I ���� � � : i � L � �, . � , , . � .' �� -.� -. : .. ,.��•.. - _ -�i4-�`,�.., -----_ ',� ,�1, ,. � � � � � `+r�-. ', .� � "- � '' � � . � / � . . i �, ` �� � � � , . � ' � i �� � , ( /� !J � ' � i � � � i i _ i i � / � � � kj ��\` j . .� .�� . , , , , � � i � , � / W � I / / � � u a � � { � � October 19, 1988 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: I-394 Overlay Zoning District Ordinance City Attorney Allen Barnard will be at the October 24 Planning Commission meeting to review the I-394 Overlay Zoning District Ordinance. � Attachment: Copy of I-394 Overlay Zoning District Ordinance � .; � • ' � . ' '� DRAFT 9-22-88 GOLDEN VALLEY/ST. LOUIS PARK JOINT POWERS AGREEMENT REGARDING 1-394 OVERLAY ZONING DISTRICT ORDINANCE . This Agreement is made this day of , 1988 by and between the CITY OF GOLDEN VALLEY ("Galden Valley") and the CITY OF ST. LOUIS PARK ("St . Louis Park" ) , both of which are sometimes hereinafter collectively referred to as the "parties" or the "cities" . WHEREAS, the United States and Minnesota Departments of � Transportation are upgrading State Highway No. 12 to become Interstate Highway 394 which will alter transportation patterns and foster new development and redevelopment along the highway corridor, WHEREASp the construction of Interstate Highway 394 will generate traffic cong�stion on both the freeway system and the local street networks i�a pc+rtsc�ns of St . Louis Park and Golden Valley resu3ting in traffic congestion, air pollution, noise pollution and other environmental problems, and WHEREAS, since the Interstate Highway 394 corridor runs along the common border between Golden Valley and St. Louis � Park, the two cities have studied the situation and entered into . ,' � . � � . '.� this Agreement to address the problems caused by the construction of Interstate Highway 394; NOW, THEREFORE, the parties have entered into this Joint Powers Agreement under the authority conferred by Minn. Stat. � 971.59 for the purposes of addressing the traffic, air pollution, noise pollution and environmental problems caused by the design of I-394 which they recognize must be addressed together , as follows : 1 . Contemporaneous with the execution of this Joint Powers Agreement, each city has passed the model ordinance, attached hereto and referred to herein as the I-394 Overlay � Zoning District Ordi�nance, for the portion of the I-394 Overlay Zoning District lying within its boundaries, effective December , 1988. 2 . During the term of this Agreement, each city shall not vary, amend or repeal the I-394 Overlay Zoning District Ordinance without the written consent of the city councils of Golden Valley and St. Louis Park. 3 . Within its respective jurisdiction, each city shall apply and enforce the I-394 Overlay Zoning District Ordinance according to its terms . � _2_ r' . ' , ; � 4 . Each city recognizes that the concentration of motox vehicles in the I-394 corridor and the development encouraged by it may create dangerous levels of air pollution in the Xenia/Vernon I-394 interchange area. In order to adaress this issue each city agrees to commission a joint study of the expected air qvality impacts in the I-394 corridor and share the costs thereof equally. Should the study indicate that joint efforts between the cities are required to alleviate the air quality issues, each city pledges its good faith and cooperation to work with the other city to achieve a satisfactory solution to the air quality issues in the I-394 corridor . 5 . Given the base conditions used by Strgar-Roscoe- � Fausch, Inc . in its I-394 Traffic Impact Study for the Cities of Golden Valley and St . Louis Park, dated August 1987, as supplemented there is a reserve capacity of office development at the Xenia-Vernon/I-394 interchange of approximately 1,767 , 000 square feet . The parties agree to allocate 60% of the reserve capacity, or 1,060,200 square feet, to the City of St . Louis Park and 40$, or 706, 8Q0 square feet , to the City of Golden Valley. The Study indicates a reserve capacity of office development in the Louisiana Avenue/I-394 interchange area of 1,575,000 which has been allocated by the parties 10% or 157, 500 square feet to St. Louis Park and 90$ or 1,417, 500 square feet to Golden Valley. The Stuay also indicates a reserve capacity of office development in the General Mills Boulevard/Boone � rchan e area of 800,000 square feet which has Avenue/I-394 inte g _3_ � •� been allocated 100� to Golden Valley. The parties agree that the total amount of reserve capacity should be reevaluated on or about 3�nuary 1 each year in order to determine its validity. If a reevaluation shauld indicate that the original assumed reserve capacity was incorrect, the parties agree to amend this Joint Powers Agreement and the attached ordinance to reflect the reevaluated number . 6. The Cities agree to carefully review the suggested public improvements contained within the Strgar-Roscoe-Fausch, Inc. I-394 Traffic Impact Study, dated August 1987, to determine which should be undertaken and according to what timetable. Thereafter, each city shall fashion an appropria.te method for • accomplishing such public improvements within its jurisdiction and undertake them when required by development, traffic demands, etc. The lists of suggested public improvements are attached as Exhibits A, B and C. 7. This Joint Powers Agreement shall continue in Pull force and effect until cancelled by mutual consent of the Cities of Golden Valley and St . Louis Park. 8. Upon violation of this Agreement or the I-394 Overlay Zoning District Ordinance by either city, the other city shall first attempt mediation under the Rules of the American � Arbitration Association; thereafter, the other city may enforce this Agreement or the I-399 Overlay Zoning District Ordinance -4- .� . � � against the city violating the Agreement or Ordinance by . � obtaining an injunction, a mandatory injunction or a writ of mandamus, whichever one or more is appropriate, in court and the prevailing party shall recover from the city violating this Agreement or the Ordinance all of its costs and reasonable attorney's fees for enforcing the terms thereof . This Agreement is entered into on the date written above. CITY OF GOLDEN VALLEY By Its Mayor � By Its City Manager CITY OF ST. LOUIS PARK By Its Mayor By Its City Manager � _5_ , , . , , � MODEL ORDINANCE � I-394 Overlay Zoning Dtstrict Ordinance Section l. Purpose. The United States and Minnesota Departments of Transportation are upgradinq State Highway No. 12 to become Inte�rstat� Highway 394 which will alter transportation patterns and foster new dev+��c��ment 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 Orclinance is intended to impose on all developments which will contain more than . 6 square feet of gross floor area per each square foot of land area within a lot or parcel in the I-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, 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. Section 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 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 ; continu� west along the north line of 16th 5tr��t �est t� the east line of 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 beginninq. � -2- _ 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 & 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 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 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. �. "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 and Betty Crocker Drive to the intersection with General Mi11s 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 -3- � ' � 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; continue on the east line of County Road 18 north (except that portion which crosses U.S. Highway 12� to the intersection with Betty Crocker Drive, the point of beginning . 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 _ S 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 50� probability of stopping (average delay per vehicle _ 15 seconds) . � G. "Level of Service C" means traffic moves smooth2y. Some minor movements may not completely clear on every green interval . Vehicles on the major movements can expect a greater than 50$ probability of stopping (average delay per vehicle _ 25 secands) . 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 _ 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 (averaqe delay per vehicle _ 60 seconds) . J. "Level of Service F" means saturation condition. All vehicles must stop and all � vehicles will probably require more than one green interval to travel through the intersection (average delay per vehicle 60 seconds) . _d_ .� K. "Xenia/Vernon interchange" means the area in � which Xenia and Vernon Avenues cross I-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 I-394 . L. "Louisiana Avenue interchange" means the area in which Louisiana Avenue crosses I-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 I-394 . M. "General Mills Boulevard/Boone Avenue interchange" means the area in which General Mills Boulevard/Boone Avenue crosses I-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 I-394 . t�e "�e��r�r� Capacity" means the amount of adc3itional gross floor office area that may � be constructed in order to reach a given traffic level of service. The total reserve capacity for the Xenia/Vernon interchange is 1 ,767, 000 square feet of office development which has been allocated 60°� or 1,060 , 200 square feet to St . Louis Park and 40°� or 706, 800 square feet to Golden Valley. The total reserve capacity for the Louisiana Avenue interchange is 1, 575, 000 square feet of office development which has been allocated 10% or 157, 500 square feet to St . Lo«is Park and 90$ or 1 ,417, 500 square feet to Golden Valley. The total reserve capacity for the General Mi11s Boulevard/ Boone Avenue interchange is 800, OD0 square feet of office developmen*_ which has been allocated 1Q0°� to Golden Valley. O. "P.M. peak hour" means the period of time between 4 :00 p.m, and 6:00 p.m. on business days of the week. Section 3. Area Covered. The area covered by the I-394 � Overlay Zoning District is th�t portion of Zones A, B and C lying within the boundaries of (Golden Valley/St . Loui� Park) . -5- . ' 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. Section 9 . Imposition of Conditions. A. All developments in the area covered by this Ordinance which will contain more than . 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 Section 4 .A. above shall contain the following conditions : l . For all parcels located within Zone A, � each time the traffic generated for one hour during the p.m. peak hour three days out of five consecutive business days exceeds Level of Service E at more than half of the intersections within the Xenia/Vernon interchange, or once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall prepare and effectuate an original or revised traffic management plan which has been previously approved by the Joint Task Force. The traffic management plan 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 serve to adequately remove the p.m. peak hour excess traffic (or keep it within the city's allocable portion of the reserve capacity, if that applies) , given the p.m. peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit l. � -6- .� 2. For all parcels located within Zone B, each time the traffic generated for one � hour during the p.m. peak hour three days out of five consecutive business days exceeds Level of Service D at more - than half of the intersections within the Louisiana Avenue interchange, or once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall prepare and effectuate an original or revised traffic management plan which has been previously approved by the Joint Task Force. The traffic management plan 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 serve to adequately remove the p.m. peak hour excess traffic given the p.m. peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit 1 . 3 . For all parcels located within Zone C, each time the traffic generated for one hour during the p.m. peak hour three � days out of five consecutive business days exceeds Level of Service D at more than half of the intersections within the General Mills Boulevard/Boone Av,enue interchange, or once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall prepaxe and effectuate an original or revised traffic management plan which has been previously approved by the Joint Task Force. The traffic management plan 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 serve to adequately remove the p.m. peak hour excess traffic given the p.m. peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit l. 4 . Each development containing more than .6 square feet of gross floor area per each square foot of land area within a � 1ot or parcel within one of the three . _7_ ' zones shall monitor the traffic � generated by it, the number 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 ineasuring traffic volumes, the acceptability of persons or firms undertakinq it and all other reasonable requirements in connection therewith. �. Each developer or owner of a parcel who ieases the parcel to one or more tenants shall include in each 2ease a reference to the necessity for traffic management plans under this Ordinance and shall attach a copy of this Ordinance to each lease as an exhibit . Section 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 . Section 6 . Traffic Management Plan. The traffic management plan shall be prepared by a qualified traffic engineer and shall utilize the appropriate techniques available to reduce the p.m. 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; - _6_ ,� B. Public tra�sit incentive programs which may � include the provision of paratransit services to ana 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 �s cha��es in service routes, increases in the frequency af sezvice, alternations in the location of facilities, the establishment of fare incentive programs and other measures designed to make public txansit 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 �n �rder to affect a reduction in the amount of peak p�riod 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 programs to support and encourage the utiliz�tion of � alternative transportation modes. -9- , . � . • G. Use and accessory use design options which � reduce reliance on single-occupancy vehicles by employees and others who wi11 travel to and from the proposed use, such as the provision of less parking area than that required under the provisions of 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 reducinq the traffic and related impacts of the proposed use. Section 7. Nonconforming traffic generation uses . Nonconforming traffic generation uses are all uses within the area covered by this overlay ordinance which existed or had approved land use and building permits therefor before the effective date of this Ordinance. If a nonconforming traffic � generation use exceeds more than . 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. Section 8 . Joint Task Force. The Joint Task Force shall consist of eight members : two elected officials from each ci,ty, each city manager and a staff inember appointed by the city manager from each city. Its function shall be to periodically monitor the traffic generation and air pollution in Zones A, B and C and to review traffic management plans and insure their compliance with the intent and purpose of this Ordinance. It � also shall adopt and promulgate rules of procedure. If the ' -10- . � ,' 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 bindinq 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. Section 9 . Traffic Management Administrative Fees . Under the authority in Minn. Stat . § 462 . 353 , subd. 4 , at the time each owner of a parcel or development subject to the terms of this Ordinance applies for a conditional use permit or planned � unit development permit for a development covered by the terms of this Ordinance, in addition to other fees required by the City Code, he or she shall pay a traffic management administrative fee of $. l0 per square foot of gross floor area . The fees shall be collected by the city and deposited as a segarate 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 orclinance. Should the costs of administering and enforcing this Ordinance require it, the city reserves the right to periodically assess such costs to the parcels within the area covered by it. � 4962U -11- . ., , • � I.� • � * 7o tn 2 c� t+7 S 7� M 70 70 O O 7b 7D 70 � � � tD !D G O 7 'O W 7 fD lD r+r r+, lD lD !D � w A r'S �"4 t� R f'* N L1. ft R r� r+� W ff1 IA � «p �O p� < N rn tD W K C Or G► F�►��- • • • A �... �... r» rt r Or N w►�- [� A C C� r f> > f'') c►\ C rt � �+ N f� w►3.-� N c7 f� a y �D `� C r•O A�r' w v N V N � G��G � t'z*7 ?OO ? 1 M� � � F+ O O H 9 (D K 1� N N N N v1 C • � H � C H � � 7 ~ o O O O f� � '+0 '0 H � r�j � 7� 7 C 7 C 7 C w�3 � _� � � �A... 1-A+ tA (A �A N �`C • . . • • � � � N �.+ O' 'nf '� "+� '+f �3 '�7 W '�! � � � � � '� � . N [� .-. ti� f+ v r�+ � tp Y r-+ 7�� r �-+ �+ �' �+ r Z n Cp ' � O O [s7 f� 000 O 00 00 GG � H � K O O G � O O O O O O O O � H o p t*� o3o 0 00 0o CCC H A .9 V� tn tn tn tn cn cn N tn O «� "�7 '+7 '+7 '� "� '� "'7 ''7 3 . •p ts7 ' ' � . H . a p � z ' � ce �+o t�7 � 3 rC ' ? � � ~• fD Cr7 � fD �+ r• � � � - rt � � _ o Z � C � �.. p OOOt?� O 1-� A 00 OOO . . . . . N . � . . . • . . • N � t,,,� A O� ,b p W O OJWO N � v Ah+ p �p tJ� u a .,1 G O � � * � N ►+ � ^ �3 1-► x A h+ h+ 0 0 0 C � H � �.. O OOOA1 C � � � . . • • � . C� • � • . . . . . � � a 1-+ W �iNN •i NO� NN41 �� • 1i� O� t7► W A V1 J A N 01 0� �i M+ J L) V� �' r +► �► +► t�7 . Z '� i � . d � H 7 �'+ a o u z , o �o ��-+ N . O O O X . � . � N . '+9 b � . • . . MEMORANDUM OF COMMENTS � RE: I-394 Joint Powers Agreement and I-394 Overlay Zoning District Ordinance DATE: September 20, 1986 . FROM: I-394 3oint Task Force The City Councils of the City of Golden Valley and the City of St . Louis Park appointed the I-394 Joint Task Force to study and make recommendations concerning the traffic congestion problems and environmental problems expected from the construction of I-394 and development in the I-394 corridor. The I-394 Joint Task Force has studied the problems and the potential methods available to address the problem. The result is the attached Golden Va11ey/St. Louis Park Joint Powers Agreement and the I-394 Overlay Zoning District Ordinance. JOINT POWERS AGREEMENT 1 . The recommendations of the Joint Task Force are based in part on the Strgar-Roscoe-Fausch, Inc. I-394 Traffic Impact Study, dated August 1987, as supplemented, and their expertise . � The �oncept of "reserve capacity" is the additional amount of development allowable because the base condition, or current condition, of traffic at an intersection does not produce the assigned level of traffic service permitted. In other words, the intersection will permit additional development in its zone before the acceptable ievel is reached and the experts can compute what that amount of additional development is . Traffic "levels of service" describe the amount of traffic congestion, or lack of it , at an intersection and are accepted definitions used by the traffic engineering profession. . 2 . The concept embodied in the Joint Powers Agreement and I-399 Overlay Zoning District Ordinance is for the Cities to agree to impose upon themselves an overlay zoning district which requires traffic management plans under �ertain conditions. Once the, reserve capacity or a designated traffic level of service is exceeded at one of the I-394 interchanges, all landowners who apply for permits after passage of the ordinance are required to prepare traffic management plans which are designed to reduce the traffic at the designated interchange on I-394 by a given percentage based on assumed trip generation per square foot of building floor area. 3. Paragraphs l, 2 and 3 of the Joint Powers Agreement provide for the passage of the I-394 Overlay Zoning District � Ordinance, its effectiveness and the pledge of each city to �' enforce it according to its terms . Because variances in Golden � Va11ey are granted by the Board of Zoninq Appeals, the Golden Valley City Attorney's office is researching whether it is possible to require a21 requests for variances from only this traffic management ordinance to be determined by the City Council . If permissible, the intent is to recommend such a change in the Golden Valley Zoning Code so that the procedure in both cities is the same. 4 . Paraqraph 4 recognizes that levels of air pollution in excess of acceptable standards may be created in the Xenia/Vernon I-394 interchange area . Accordingly, it provides for the joint commission of a study and good faith and cooperation by the cities to solve any identifiable problems . 5. Paragraph 5 contains the agreement of the parties to allocate the reserve capacity of office development at the three interchanges involved. The parties carefully researched all aspects of the existing conditions and determined that the appropriate allocations were 60-40 at the Xenia/Vernon interchange, 10-90 at the Louisiana Avenue interchange and 0-100 at the General Mills Boulevard/Boone Avenue interchange. The existing conditions examined included the relative percentage of development in the areas at the current time, the base level of development assumed in the Strgar-Roscoe-Frausch report, the moderate and high growth scenarios and the amounts of development expected in the areas . Note that with respect to � the Louisiana Avenue interchange, Golden Valley has the only area which will probably be developed in a dense manner so as to require regulation. With respect to the General Mills Boulevard/Boone Avenue interchange, all of the affected area lies in Golden Valley. 6. Many public improvements within Golden Valley and St . Louis Park are necessary to make the assumptions contained within the Strgar-Roscoe-Fausch, Inc. I-394 Traffic Impact Study dated August 1987, as supplemented, effective. Accordingly, the parties have agreed to review them carefully and to determine which should be undertaken and according to what timetable. The responsibility for accomplishing them fall on each city separately. 7. The Joint Powers Agreement specifically provides for mediation upon a violation of the agreement or the ordinance by either city and, if that does not work, for the other city to obtain an appropriate court order to effectuate the Joint Powers Agreement or ordinance. Finally, attorney fees and costs are provided for the prevailing party to allocate the burden of such a proceeding on the violating party. � � -2- �� MODEL ORDINANCE 1. Section 1 of the Model Ordinance sets out the general problem that is addressed by the Model Ordinance and the method used to respond to it. The idea is not to require traffic management plans until they are necessary; plans are not required until the traffic congestion at a given interchange deteriorates beyond a given level of service or the existing reserve capacity is consumed, whichever is first . In addition, the ordinance only affects those developments for which permits are obtained after the effective date of the ordinance. This treats non-conforminq traffic generators in the same manner as non-conforming uses under traditional zoning ordinances . Finally, the floor/land area ratio is designed to limit the ordinance to dense developments, those that exceed the ratio for a 3-story office building with required parking and setbacks, not all developments. 2 . Section 2 contains the definitions of many of the important terms of the ordinance, including the zones covered by the ordinance. The definitions of the various levels of services were provided by the traffic engineering firm, Strgar-Roscoe-Fausch. The interchanges are defined to include several intersections within them so that one can specifically determine whether a specified level of service at an interchange � has been exceeded. Reserve capacity has been defined and the allocation agreement specified within the ordinance. Note that the ordinance is only concerned with traffic generated at the p.m. peak hour, which is the period of time between 4 p.m. and 6 p.m. on business days of the week. 3. Section 3 indicates what area is covered by the ordinance and makes it clear that the ordinance is intended to overlay existing zoning - not replace it . 4 . The conditions of the ordinance are imposed by Section 4 . Subparagraph A contains the requirement that all developments which will contain more than . 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 . The imposition of this requirement may require a conditional use permit or planned unit development permit in some situations where they are not currently required. However, such permit can then be designed to include the conditions contained in subparagraph B. 5. Subparagraph B outlines the conditions which are to be contained in the permit. As one can see, once the level of traffic generated exceeds an acceptable level of service designatec� in the ordinance or the reserve capacity allocated to the city for the specific interchange has been consumed, � whichever is first, all owners subject to the ordinance must prepare traffic management plans. The idea is to require the _ -3- � owner to prepare the traffic management plan and then submit it to the Joint Task Force for approval . The Joint Task Force's function is administrative or ministerial . It will retain a traffic engineering consultant to review the plan and eaisting conditions and to indicate whether the plan will sufficiently reduce traffic generation so as to meet the acceptable level of service. 6. Of course, all planninq and zoninq issues affecting a proposed development shall be routed through the planning staff, the respective planning commissions and the city councils as in the past. The only change will be that once a traffic management plan is required, it shall be routed to the Joint Task Force for review. All of the existing zoning, parking, setback and other limitations contained within the zoning and building regulations of the respective cities shall continue to apply to all parcels within Zones A, B and C. In addition, all of the functions of city staff, city commissions and the city council regarding the existing building and zoning regulations shall continue as in the past. The only change made by this ordinance is to refer traffic management plans to the Joint Task Force for review. The Joint Task Force's review of traffic management plans is limited by the specific ordinance language indicating how they are to be designed and the specific items which may be included in them, which are set forth in detail in � Section 6 of the ordinance. 7. Subdivision B (4) of Section 4 requires that each development covered by the ordinance shall regularly monitor traffic generated by it and supply the traffic volume figures obtained to the Joint Task Force. The planning department of each city will publish the figures yearly and the Joint Task Force shali determine the acceptable methods of ineasuring traffic volumes, etc. Subparagraph C of Section 4 provides that each developer or owner who leases land to one or more tenants shall include reference to the necessity for traffic management plans in the lease and attach a copy of the ordinance to the lease. The purpose of this provision is to preempt the argument that lessees have vested rights which the I-394 Overlay Zoning District Ordinance cannot impair. Since lessees will have notice of the ordinance, there should be no problem enforcing it against owners who have such lessees. 8. Section 5 of the ordinance requires each development to manage the traffic it generates so as to comply with the ordinance. 9. Section 6 provides detail on the items which traffic management plans may utilize to regulate traffic generated by a�y given parcel . � 10. Nonconforming traffic generation uses are a�dressed in Section 7 of the ordinance. The iaea is to differentiate non-conforming generation uses from other non-conforming uses -4- � traditionally addressed in zoning codes. Non-conforming traffic generation uses may not be altered or modified so as to increase them by more than 10� in gross floor area unless an approved traffic management plan is provided and effectuated. 11. Sectian 8 provides for appointment of the Joint Task Force by each of the cities involved. The Task Force is to review traffic management plans and insure their compliance with the intent and purpose of the ordinance. It is also to adopt and promulgate rules of process so that it is clear who prepares traffic management plans, who reviews them and how the Joint Task Force interrelates with existing planning commissions and so forth. Finally, there is a deadlock provision which provides for mediation and, upon agreement, binding arbitration. 12 . Traffic management administrative fees are provided by Section 9 . The idea is to generate a fund from which the expenses of the Joint Task Force may be paid. The fees are solely for administering the ordinance, reviewing traffic management plans and monitoring traffic generation. saxsu Attached is a map of the zones referred to. i � � _5- ,• � � ,..._ .,. • � � �:'•��' � � t� ` \�.\ �� �^. .. . .. 1,,.1 . '� . c� •,. � � . .� „� .�. ..� .,•'�r \ � !'_ r�1 ' •� � � � �� ��, C W • � � � {: :r� `r ' .. � � � � `t� � � ' � lo., t �� . � e � �o � y •V ..I».. �C � � s � � � �..� •� .�. � 7 �� �' ! �., � • 1 �:.. . � . - � � � i�" : � , ,.,, ..o , _ �• �.• • � f ��M a��� � •�9r�1 � � e � �'� �� . • � ... �+....... �.. ��'' � '. . . \"i . � • )w:l�wt�� � � "'M� �/ ��•.. . .0.�...... F � � ♦. •` )D�•�•r `' � • t . � ~_ i • Q � . . a � ► ♦'• w�Ot)h• � . • � ,•r . wr. . • = � ,. • � �� . . �...� i M r• • , •o•- "� : Y '� t ,��..,, '• •i £ '"' .»- ' :�0 + . o , t •e w � r s w �t �J�„� :r�. � � .�. � . � � r � � \ , . : ��N ' i j �• N�o , • .. � ` y„•� � Z \ . 1 � . ' w. .. •. 'i: � � .�r•� � /y .• .�.e ' •r� .� �^ . � .• .� ^�. /N).�. / 1N � .)\1��` 1•�• Ih7��• : � /Nf �•• . '.���Z ..� � . ...,. , , ,., r .,k .....� . :_ �� . . ... . � W . .,�., ` �-�ai• .p.n. � . OJ •�rws � � • � 'Y :� • : ` � � �.��� M �r. )•1['` O �. � •^ _ "'"• v. -���•, -o•�•.. �� .�, O N �c � � .�`• e 5 �-- - . _ _ •� ''' ¢ ` Of � ' E ., � .:,�.�1 �, °s z d 1�: � �� ,� . , .:�. y _,. • .o..r ',.. o..�• W � ��e� � . � .� . . • ��� " � � . �Y, ° ` , l ^ Y•� �Sil� � . O. �� � � � .•�•s��• l .�o..f. �„� :rwr»� J • '� - � '. .�w. ... � � . Z i �� H �,_.. .�� O `\ � •..1�1 I�t i M• tR � � I�•:' j`_ � � v .:.= - � r .. ,.. . , .� � � j`:''�'• �•• � �.:• \ _K �,� _ — +'+o � J � ' ��r . ....�� �i N N � ~,t,•� ..Q •t ��� . � � �1 �:o.�. ... �\ ,;• > •.O t0 ►v •.� .�'� » . � . . •Ts!� , ',� �~ �.� =.��o. � )•.. r - � /1 2 ;� i V' � � ..Q �s:��.., y.� . . ._ � Q. � = " � ,� � �..' ��ar. �.. .: .rr.� � JO j t .�•.r•� + . . . �.� Is ��w�•� �^�r � � . n � � ' •J ��� ��•�.• ••��� Q � } . ��e i _ 1• M . f �••j �.� / ��S�1' .1,�P � �) •7' �i •r. p..`.1. ...,.` 6 � � �.� �•� 1 ♦1. ���, .. .�U . L Q ', � - r•�•.�. ♦ «w � - l , , ye ��e c.nf' . � ` � . . 1�•�1��•.�. � g � YJ � f i ��'s.��w ' �i l•� 9�•��.��w {f. Y . �••i • . .w 1 _ � • n..�„ ' � �.�,' + ' •• tr. • •'�" 0� v/ ` '•vi�•r i i f. � �•o r ^�' J C . � V . ' S :3� •►. . ri, � �� ° a � r ' f �� �'' •c'.�••.Sa�1a• �.•�,+, '` y + �..�� t.�l• lA W d . ^ � ,...�. ;�. . N � �. . ,,, � � . � � . r ,^. +. , , �,.. ~, ,o . \ • �. ? � V �•� �. ' . � ' s : • �� • • o- � � i„� �. � {L `" �' ,• • � + � • •�� : • •• � i ~ � ► .; ; ., ' .` .. •.y� • •�•.c Z Q .. .: W .. .���� . .M� .,,� � r J, 1• � � �� �• � . ~� � N� � . � ,�, ' �.P, r s � • .. � �. � l'O :: � aa N ; ,. . � .e • r a _ t •ra9 � '� �. 1/j• . , ► �• t ► ��► � O 1- / ��„ ' �j .� a � •e ,�- .� ,; � o� o� � • ' J • _ '' c � s �„ ,•. • ..o � } �. .; W i ♦� c.e' ��: : r� r•✓.�� � J .t ) r� ' . : f � N- ♦ 1 ,.. :.,., '. z � ". W � r -< ,.. _•,.,.....�M � ^ �� � . �,. .t ..,r _ � . - ! ., t _ -.: •. O � � 1 � �-�' c �}. I �� � :_. � o _ � .� . - .: . . � • ,_ ,,,.,. : ; . : ,.... i 1 + r s s �� � „�� ji� w� ip�:NOI�� .: � . ° ' . � 0 � � �' • 0�.,� � � . � ...- : .... r .� , �� o � � •�w � J• • IM ti3 � � t . � : � • .f��,. )��� � �. .� O � r � , ae .��o... L +�e •� H•r�[ G� , �. . • �-. •• �p=Z .�•� +��• . '•�C, :'" •. • • � , • � '• --.j . "� �. a .J, ��� i� � • i a � - • � ��� i . ,�, .. �,. - . ' .�� .... '� .�. � � � f � �. C• �. •�•� •, � i 00: Hv) ��Z � : i� L1 C � ���Y � �,./ i ... �;I• : .o w...i• n � �=°"' '' ' ' `�"� � . '� ♦ w..• . Y ;. . . • e . � , ROADWAY AND INTERSECTION IMPROVEMENTS NEEDED FOR IEVELS OF GROWTH ALONG I-394 SUGGESTED IN JOINT POWERS AGREEMENT �OLDEN VALLEY IMPROYEMENTS Other Recorrm�ended Responsi bl e Location Improvements Agency GLENWOOD & TURNERS WIDEN T0: EB-LT/R, WB-L/TR, NB-LT/R HENNEPIN COtINTY I-394 NORTH FRONTAGE WIDEN T0: EB-L/T/R, WB-L/TR AND SIGNALS MN/DOT ROAD & XENIA GLENWOOD & HAROLD WESTSOUND BYPASS LANE HENNEPIN COUNTY GLENWOOD & JERSEY WESTBOUND BYPASS & EASTBOUND RIGHT TURN HENNEPIN COUNTY LOUISIANA & I-394 WIDEN T0: EB-L/T/R, WB-L/TR, NB-L/T/R, MN/DOT NORTH FRONTAGE ROAD SB-L/T/TR; SIGNALS WHEN WARRANTS ARE MET XENIA & LAUREL WIDEN T0: EB-T/R, WB-L/T, NB-L/R AND SIGNALS WHEN WARRANTS ARE MET TURNERS & LAUREL WIDEN T0: f6-L/R, SB-T/R, NB-L/T AND ALL STOPS BOONE & B CROCKER NORTHBOUNO LEFT TURN LANE �LENWOOD & TURNERS WIDEN TO L/T/R FOR EACH APPROACH HENNEPIN COUNTY WINNETKA & HAROLD ADD TURN LANES HENNEPIN COUNTY WINNETKA & I-394 SOUTH WIDEN T0: SB-L/R, EB-L/T, WB-T/R MN/D07 FRONTAGE ROAD LOUISIANA & LAUREL WB LEFT TURN & NB RIGHT TURN LANES LAUREL & JERSEY EB LEFT TURN & WB RIGHT TURN LANES TH 55 & BOONE WIDEN T0: S6-L/T/R, NB-L/T/T/R MN/DOT TH 55 & WINNETKA WIDEN T0: SB-L/LT/T/R, NB-L/LT/T/R MN/DOT TH 55 & DOUGLAS WIDEN T0: SB-L/L/T/T/R MN/DOT WINNETKA & LAUREL SB BYPASS & NB RIGHT TURN LANES HENNEPIN COUNTY TURNERS (GLENWOOD TO WIDEN TO 2 LANES IN EACH DIRECTION LAUREL LOUISIANA (I-394 TO WIDEN TO 2 LANES IN EACH DIRECTION LAUREL) PLUS TURN LANES �- - - - s - - - - - - - - - - - - - - - - - = - - -nal UseLane - - - - - - - - - - - - Key; L Left Turn Lane LT or TR Optio T = Thru Lane frR = Right 'furn Lane With Free Right Island R = Right Turn Lane ROADWAY AND INTERSECTION IMPROVEMENTS NEEDED FOR LEVELS OF GROWTH ALONG I-394 SUGGESTED IN JOINT POWERS AGREEMENT � ST. LOUIS PARK IMPROVEMENTS Other Recommended Responsible location Improvements Agency B Crocker & Ford Rd WIDEN T0: EB COMB.L&T/T&R, NB COMB.I&T/frR, SB 2 OUTBOUND LANES, WB L/L/COMB.TbR AND SIGNALS I-394 SOUTH FRONTAGE WIDEN T0: NB-L/R, WB-L/T, EB COMB. MN/DOT ROAD AND TEXAS T&R AND SIGNALS LOUISIANA & I-394 WIDEN T0: EB-L/7/R, WB-L/T/R AND MN/DOT SOUTH FRONTAGE ROAD SIGNALIZE WHEN WARRANTS ARE MET VERNON & CEDAR LAKE RD WIDEN EACH APPROACH T0: LL/TT/frR HENNEPIN COUNTY B CROCKER (FORD RD TO EB-T/T/frR, WB-Y/T CSAH 18 LOUISIANA AVENUE (I-394) NB-1 LANE, SB-1 LANE, CENTER TURN �O CEDAR LAKE ROAD) LANE FOR EACH DIRECTION VERNON & GAMBLES SIGNALS WHEN WARRANTS ARE MET CEDAR LAKE ROAD WIDEN T0 2 LANES IN EACH DIRECTION HENNEPIN COUNTY (VICINITY OF VERNON) PLUS TURN LANES • I-394 & VERNON SOUTH WB DOUBLE RIGHT TURN LANES AND 3 THRU MN/DOT FRONTAGE ROAD LANES IN EACH DIRECTION ON VERNON Key: L = Left Turn Lane T = Thru Lane R = Right Turn Lane . LT or TR = Optional Use Lane frR = Right Turn Lane With Free Right Island �