HomeMy WebLinkAbout1779-89 - ADMIN Ordinance - City Council - 1989/03/061
REPLACEMENT
ORDINANCE NO. 1779-89
AN ORDINANCE AMENDING THE ST. LOUIS PARK ZONING ORDINANCE RELATED
TO TRANSPORTATION AND DEVELOPMENT ALONG THE INTERSTATE HIGHWAY
394 CORRIDOR BY THE ADDITION OF SECTIONS 14-124.201 THROUGH 14-124.210
("OVERLAY ZONING 1-394 ORDINANCE")
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The St. Louis Park Municipal Code is amended by the addition of
Sections 14-124.201 through 14-124.210 to read as attached:
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Section 14-124.201. Purpose. 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. 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 .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 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.
Section 14-124.202. 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 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 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.
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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.
D. "Zone C" is that part of the land lying in the 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
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; 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
begi nni ng.
E. "Level of Service A" means traffic moves freely. All waiting vehicles clear
on every green4ntery-al. Low -per -c -en -t ge-o f- em-ats--(S-sr-e-rage
delay per vehicle less than 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 50% probability of stopping (average delay per vehicle
less than 15 seconds).
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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 50% probability of stopping (average
delay per vehicle less than 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 less than 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 less
than 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 more than 60 seconds).
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.
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 interchange
is 2,230,000 square feet of office development which as been allocated 60%
or 1,338,000 square feet to St. Louis Park and 40% or 892,000 square feet to
Golden Valley. The total reserve capacity for the Louisiana Avenue interchange
is 1,575,000 square feet of oflice bev 1opment whidh -has been allocated 10%
or 157,500 square feet to St. Louis Park and 90% or 1,417,500 square feet to
Golden Valley. The total reserve capacity for the General Mills Boulevard/Boone
Avenue interchange is 885,000 square feet of office development which has
been allocated 100% to Golden Valley.
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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 14-124.203. Area Covered. The area covered by the I-394 Overlay
Zoning District is that portion of Zones A and B lying within the boundaries of St.
Louis Park. 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 I-
394/Xenia-Vernon, I-394 /Louisiana Avenue and I-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.
Section 14-124.204. 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 special permit (conditional use permit) in
conformance with the terms of this Ordinance.
B. In addition to the other land use requirements of the City Code, the special
permit (conditional use permit) required by Section 4.A above shall contain the
following conditions:
1. For all parcels located within Zone A, each time (a) 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 (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
managemeni_plan. _T_he_xraffic _management -pla-n initially shall be prepared
when the traffic generated for one hour during the p.m. peak hour three
days out of five consecutive business days reaches Level of Service E at
more than half 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 parcel in the zone,
will accommodate Level of Service E at the p.m. peak hour (or keep it
within the city's allocable portion of the reserve capacity, if that applies),
given -_ibe_p-.m._peak__ho.ur_-tis-assumed---to be generatcd 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.
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2. For all parcels located within Zone B, each time (a) 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 (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 hour during the p.m. peak
hour three days out of five consecutive business days reaches Level of
Service D at more than half 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 D at the p.m.
peak hour (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
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. Each development containing more than .6 square feet of gross floor area
per each square foot of land area within a lot or parcel within one of
the three 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 or more tennants shall include the following in each
lease:
The Cities of Golden Valley and St. Louis Park have etablished an I-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.
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Section 14-124.205. 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 14-124.206. 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 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.
B. Public transit incentive programs which may include the provision of paratransit
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, alterations 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 affect a reduction in the amount of peak period traffic
to and/or from—the-ruse—w#ich wouRl tit'.
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 utilization of alternative
transportation modes.
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G. Use and accessory use design options which reduce reliance on single-occupany
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
provision 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 reducing the
traffic and related impacts of the proposed use.
Section 14-124.207. 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 14-124.208. Joint Task Force. The Joint Task Force shall consist of
eight members: two 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, B and 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.
Section 14-124.209. Traffic Management Administrative Fees. Under the
authority in Minn. Stat. § 462.353, subd. 4, each owner of a parcel or development
subject to the terms of this ordinance shall pay a traffic management administrative
fee of $.10 per square foot of gross floor are. Fifty (50)% of the fee shall be paid
at the time such owner applies for a conditional sue permit or planned unit development
permit for such development and fifty (50)% of the fee shall be paid at the time
such 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 tfie 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 periodically assess such costs to the parcels within
the area covered by it.
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I-394 CORRIDOR TRAFFIC STUDY
TRIP GENERATION RATES SOURCE/COMPARISON
LAND USE TYPE
P.M. PEAK HOUR TRIP GENERATION RATES
ITE (1982) BRW/MC SRF/MTKA SRF/G.V.-S.L.P. ITE (1987)
UNIT IN OUT IN OUT IN OUT IN OUT IN OUT
Res. Sngl. Fam.
Res. Mid -Density
Res. High -Density
Office < 200 K.S.F.
Office > 200 K.S.F.
D.U.
O.U.
1000 SF
1000 SF
Retail < 200 K.S.F. 1000 SF
Retail > 200 K.S.F. 1CI00 SF
Industrial 1d00 SF
Restaurant 1 00 SF
Hotel/Motel R OM
Entertainment/Club 1000 SF
Golf Course ACRE
Nursing Home BED
Service Commercial 1000 SF
Retail > 1000 K.S.F. 1000 SF
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0.63 0.37 - - 0.63 0.37 0.63 0.37
0.32 0.19 0.63 0.38 0.50 0.30 0.50 0.30
0.44 0.26 0.66 0.38 0.38 0.22 0.38 0.22
0.44 1.76 0.37 1.49 0.44 1.76 0.44 1.76
0.44 1.76 0.37 1.49 0.24 1.76 0.24 1.76
2.85 3.05 2.98 3.18 2.96 3.15 2.96 3.15 4.17* 4.52*
2.11 2.69 2.61 3.32 1.62 2.06 1.62 2.06 1.69* 1.84*
0.35 0.70 - - 0.32 0.63 0.32 0.63 0.20 0.77
3.79 2.35 1.16 0.71 2.74 1.69 2.74 1.69 5.00 2.25
0.36„ 0.37 0.51 0.52 0.51 0.52 0.32 0.33 0.37 0.24
0.73 0.77 - - 0.73 0.77 0.73 0.77 0.74 0.78
0.08 0.31 - - - - 0.24 0.45 0.03 0.35
0.05 0.16 - - 0.05 0.16 0.32 0.33 0.05 0.16
0.63 0.37
0.41 0.21
0.32 0.17
0.31* 1.66*
0.24* 1.26*
-- - 2.35 2.12 -
1.40 1190 1.04 1.10 1.12 1.18 - - 1.39 1.51
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* Mid rate in new (1987 I.T.E. range between 10-200 K.G.S.F. and 300-1,000 K.G.S.F.
Exhibit 1
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Section 2. Penalty Clause. Violation of this ordinance shall be a misdemeanor.
Section 3. Effective Date. This ordinance shall take effect 15 days after its
publication.
Adopted by the City Council March 6, 1989.
Attest:
Reviewed for administration:
City Manager
/
Approved as to form and execution:
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City of St. Louis Park
Minnesota Suburban Newspaper, To STT LO ZONING
Publication)
ORDINANCE:AMENDINGAFFIDAVIT OF PUBLICATION TRANSPORTATION AND DEVELOPM
INANCE
ENTD
ALONG TRE INTERSTATE
HIGHWAY 394 -CORRIDOR BY THE
ADDISTATE OF MINNESOTA)
This
14-124 sol
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meet plans must bt: epared forscale
COUNTY OF HENNEPIN) adev born is loc Avenue inwilarge-scaleAver
h94 when
on. The orc levels dinance delignated Louisiana cow
L . J . Canning
being duly sworn on an oath : hon. pment bice does not 1m� a cap on I
management that the traffic
dthoas specified the o l ted under con-
the publisher or authorized agent and employee of the publisher of the newsI
Adopted by the City Council
March 6, 1989
/s/ LYLE W HANKS
S t . Louis Park Sailor , and has full knowledge of if A copy of uie fulltext eis ordinancMayor
available for mspechont with the City Clerk
(March 13, 1989) -SLP
stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended
(B)The printed Ordinance No, 1779-89
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for 0 n e successive weeks, it was first published on Monday , the 13 day
of Marc h , 19 89 , and was thereafter printed and published on every to
and including
, the day of , 19 , and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice
abcdefghi3klmnopgrstu
Acknowledged before me on this
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day of
Ao
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89
3� is MERIDEL M HEDBLOM
NOTARY PUBLIC — MINNES:TA
HENNEPIN COUNTY
MY commission expires 7-2-92
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$ 110 per line
$ 5984 per line
$
5375 per line