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HomeMy WebLinkAbout2006-05-16 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 16, 2006 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. EMERGENCY MEDICAL SERVICES (EMS) WEEK PROCLAIMED - MAY 14 - 20, 2006 Mayor Hovland declared the week of May 14 - 20, 2006, as Emergency Medical Services (EMS) week in Edina to honor the Edina Fire and Police Departments valuable contributions to the health and well-being of our citizens. Member Housh made a motion proclaiming May 14-20, 2006, as Emergency Medical Services week in Edina. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF MAY 2, 2006, SPECIAL MEETING OF MAY 2, 2006, AND BOARD OF APPEAL AND EQUALIZATION OF MAY 4, 2006, APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the Minutes of the Regular Meetings of May 2, 2006, Special Meeting of May 2, 2006, and Board of Appeal and Equalization of May 4, 2006, as presented. Motion carried on rollcall vote - five ayes. RESOLUTION NO. 2006-58 FINAL SITE PLAN - CYPRESS EQUITIES - 7311 FRANCE AVENUE SOUTH INCLUDING SETBACK VARIANCES DUE TO HEIGHT OF BUILDINGS Affidavits of Notice were presented, approved and ordered placed on file. Mayor Hovland stated that the Council had been involved in consideration and review of the proposed redevelopment of the AMC Theater Site at 7311 France Avenue since December of 2005. He noted at their May 2, 2006, meeting the Council closed the public hearing. Mayor Hovland said Cypress had been requested to provide additional information; the opponent's attorney Bruce Malkerson had requested time for review of proponent's submittals; proponent's counsel would be allowed to speak relative to the proposed re-development. He suggested the Council would open the hearing for the limited purpose of allowing the Council's requested follow up; the attorney would be allowed to speak; and Planning Commissioner John Lonsbury would make a presentation of the process followed by the Edina Planning Commission. Page 1 Minutes/Edina City Council/May 16,2006 Member Hulbert made a motion, seconded by Member Masica to open the public hearing on the limited basis described by the Mayor. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Mayor Hovland noted that any exceptions to zoning were not granted at the preliminary approval time, but rather at the final approval stage. He stated that Cypress had the burden of submitting an acceptable Final Development Plan, but also addressing to the extent any variances were required, the basis for those variances and showing of undue hardship. Bret Witzig, Cypress Equities, introduced Chris McGuire, Cypress Chief Executive Officer, Jeff Coker, Civil Engineer, Scott Sower, Architect, Kathy O'Connell, Landscape Architect and David,Sellegren, Legal Counsel who would speak to the issues as necessary. Chris McGuire, CEO of Cypress Equities, said his staff would be responding to the following nine issues: 1. Obtain approval from the City Parks department for the proposed modifications to the landscaping on the City's side of the property line along the southern and eastern edge of the site in the Centennial Lakes Park; 2. Provide additional summer and winter shadow studies, especially for 6 and 8 p.m.; 3. Provide a photometric study for the site and amenity deck; 4. Provide a response to the 35 foot setback requirement along France Avenue South 5. Provide clarification of the materials for the condominium balconies and the design of the exterior amenity level for the condominium; 6. Define the materials and design intent of the Pedestrian Plaza; 7. Illustrate the connection from the handicap parking spaces to the City Park; 8. Revisit why an additional level of parking was not pursued under the condo lowering the building an additional floor and has a final geotechnical report been completed for the site; and 9. Formally submit the encumbrances plan and any other exhibits that support requested variances. Mr. McGuire said he and his staff would endeavor to answer the issues and questions the Council had regarding their proposed development. Mr. McGuire reported that they had worked with the Edina Park Department and referred to a memorandum from John Keprios where Mr. Keprios reported that as a result of a meeting with Kathleen O'Connell of MFRA Landscape Architects, he was satisfied with the proposed landscape plan. Mr. Keprios' memo said the proponent would pay the costs for all tree and plant removal and replacement plantings, site restoration, mulch and irrigation expenses. Kathy O'Connell, McCombs Frank Roos Associates, Inc., Plymouth, MN, Project Landscape Architect reviewed the proposed landscaping plan using graphics. She responded that the trees were slated for removal, but would be replaced with trees which would include five or six 20 feet tall, spade dug specimen trees and spruce trees between 8-10 feet in height. She added 12 evergreens were being provided to the parks departments that would be eight plus feet tall. Page 2 Minutes/Edina City Council/May 16,2006 Ms. O'Connell said there would always be trees along the edge of the park during the construction process. On the east side a row of evergreens would remain, but some would be temporarily removed during the construction, but would be replaced. Ms. O'Connell explained the needed construction easement. She stated they had met with the Park Director, Horticulturalist and the head of Centennial Lakes Park maintenance and the contractor to agree upon the easement. Ms. O'Connell explained that if it were found during construction that the easement could be reduced it would be reduced and some trees would not be removed. The Council, staff and proponent discussed in detail concerns regarding tree removal, the landscaping plan as proposed by Cypress, alternatives to the proposed landscaping, lessening the impact on the park and removal of the fewest trees possible. Mayor Hovland asked the proponent if they would be willing to upgrade the landscaping or change what was proposed if the City deemed it in the best interest of the community. Mr. McGuire assured the Council, Cypress would work with the City to ensure satisfaction with the landscaping. He agreed Cypress wanted their development to blend in harmoniously to the park. Scott Sower, Good, Fulton & Farrell Architects, 7221 Lake Forrest, Dallas TX, reviewed the proposed project using a power point presentation. He said the project was a mixed-use development located at France Avenue and Gallagher Drive and composed of five elements: upscale private 88 private residential units; retail along France Avenue; three Class-A restaurants overlooking the lake; structured support parking for the three components; and landscaped 25,000 square foot public plaza entrance to Centennial Lakes Park. Mr. Sower said "The District" would be located three blocks south of the Southdale Center at the southwest corner of Gallagher Drive and France Avenue. He used a power point presentation to illustrate Cypress' responses to Issue 2 through Issue 8. The Council voiced their concerns which included potential noise coming from the service drive area, the photometric plan, lighting fixture styles, light wash from the project, proposed colors of the building, whether or not a right only turn lane should be dedicated, need for easement for pedestrian tunnel, redesign of the retail on the west side of the project, exterior materials of the retail portion of the project, type of retail clients, the number of restaurants and hours of operation proposed for the site, numbers of outdoor seats proposed at the three restaurants, noises emanating from the outdoor seating of the restaurant and the amenities deck, service access and delivery drive, timing of service deliveries to restaurant, restaurant service noise affecting the park, justification and rationale for project location and design, details of what amenities would be included on the condo tower's amenity deck, undue hardship supporting the variances, proposed materials for the exterior of the project and proposed colors and materials for the tower balconies. Cypress Equity Inc., development staff replied to the questions and concerns raised. Finally, Mr. McGuire gave his guarantee as CEO of Cypress Equities Inc. that Cypress would work with the City to resolve any concerns with the issues. David Sellergren, Fredrikson & Byron, PA, 200 South Sixth Street, Suite 4000, Minneapolis, MN, representing Cypress Equities quoting his May 11, 2006, letter stated: 1) the objectors have misconstrued the zoning code's setback requirement; 2) the objector's procedural argument was unfounded; and 3) the proposed redevelopment met the "undue hardship" standard from Minnesota Statute as applied by Minnesota Courts. Mr. Sellergren supported Page 3 Minutes/Edina City Council/May 16, 2006 his position with citations of case law he felt were applicable such as VanLanschool v. City of Mendota Heights; Sa stg etter and Rowell. Mr. Sellergren urged approval of the requested final development plan and subsequent variances. Bruce Malkerson, Malkerson Gilliland Martin, LLP, 220 South Sixth Street, Suite 1900, Minneapolis, MN, representing John and Janet Bohan, stated his reasons for denial of the proposed redevelopment: 1) Cypress Equities hypothetical 19-story building was not a proper basis to approve the requested variance; 2) the proposed project does not satisfy Minnesota Statute 462.354 "undue hardship" test; and 3) the Cypress Equities proposal does not meet the criteria for MDD-6 Development Plan approval even if a variance were not required. Mr. Malkerson placed the petitions received by the neighborhood into the public record. Mr. Malkerson also quoted citations of case law to support his position such as Rowell. Mr. Malkerson urged the denial of the requested final development plan and subsequent variances. Planning Commission Chair, John Lonsbury, stated the Commission was made up of nine objective citizens serving at the pleasure of the City Council and represent Edina in planning matter. Mr. Lonsbury said the process began in August of 2005, when the Commission reviewed the matter and made suggestions. In September, Cypress returned with amended plans, which were reviewed, discussed and again action was continued until their next meeting. Mr. Lonsbury said again, the proponent came back with plans that had incorporated the suggestions given by the Commission. Mr. Lonsbury said a public hearing was held and the project was approved on October 26, 2005, on a six to three vote. He stated that again on March 29, 2006, the Planning Commission reviewed the final development proposal, held another public hearing and approved the final site plan on a 6-2 vote. Mr. Lonsbury said key issues addressed by the Commission included: was the proposed land use consistent with the Centennial Lakes Master Plan; height and density of the project; reviewed findings of fact for a proposed height variances and, traffic access and circulation. Mr. Lonsbury stated there were a minority of the Commissioners who did not vote for approval. He stated their concerns related to access to and circulation within the site and traffic in the general area, building height and density. Continuing, Mr. Lonsbury said the conclusion of the majority of the Planning Commission were: the project was an appropriate land use, the proposed development would be permitted in the City's MDD zoning subdistrict, the project was consistent with the Centennial Lakes Master Development Plan and the proposed project was within the remaining development rights in the Centennial Lakes area. Mr. Lonsbury said the Planning Commission would also be consistent with the findings of the Greater Southdale Area Study Report. Mr. Lonsbury said the higher density would be preferable due to the small area of surface parking. He said the Commission felt a taller building was preferable to a shorter wider building because it would preserve more green space. The Commission felt the design changes made by the proponent yielded a project that would be in accordance with Edina's goals for the area. He said that buildings existed in the area that approached twenty stories and these buildings had not been detrimental to the area. Mr. Lonsbury said the Planning Commission felt the variances were warranted because the outcomes of the project as planned was for the greater good of the community, and the constraints of the various easements on the site. Page 4 Minutes/Edina City Council/May 16, 2006 Member Hulbert pointed out that the Greater Southdale Study was received but not accepted by the City Council due to the controversial nature of the report. Member Housh pointed out the many areas of agreement that took place between the Council, Transportation Commission and Planning Commission. Mr. Lonsbury said he only meant that the Study would be used a guide for reviewing some development proposals. Planning Commissioner Michael Fischer said he would like to expand that green space in this project really meant the pedestrian realm. Mr. Fischer said the project met many of the elements that the City would be looking for in long range planning. He said to not have all the elements in surface parking and along France Avenue, was a good thing. Mr. Fischer said the Planning Commission worked diligently with the proponent to take away the curb and gutter from the central courtyard to make it more of a plaza environment. He said the majority of the Planning Commission felt it was good to have the development open up on Centennial Lakes Park. Mr. Fischer said the Planning Commission actually asked that screening be removed to open the Park up visually because they felt it was beneficial to be walking in the Park and be able to see into the development. Public Comment Janet Bohan, 800 Coventry Place spoke of the ad containing a petition opposing the proposed development, placed in the Edina Sun Current on May 11, 2006. Ms. Bohan reported receiving 390 petitions containing 690 signatures, the majority of which reside outside of Coventry Townhomes. She said this represented approximately 1100 voters. Ms. Bohan opposed approval of the proposed redevelopment. Gene Persha, 6917 Cornelia Drive, stated his objection to removal of any parkland trees. He urged denial of the project and stated parkland must be sustained naturally. Ryan Siemers, 7631 Edinborough Way, stated he was in the process of buying his first home in the area and he gave his support to the project. Mr. Siemers urged approval stating he felt the project would enhance Centennial Lakes Park. Jim Bloom, 6825 Valley View Road, said he was a fifty year resident. Mr. Bloom said this was the most contentious issue he could remember. He urged the Council to deny the requested re-development and allow only three stories to be built on the site. Member Hulbert made a motion to close the public hearing seconded by Member Swenson. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Council Discussion/Action Member Masica said she would like to address the warrants for a hardship as delineated the City Attorney in a memorandum dated March 2, 2006, stating that, 1) undue hardship means the property can not be put to reasonable use under the Zoning Ordinance, 2) the plight of Page 5 Minutes/Edina City Council/May 16,2006 the landowner was due to circumstances unique to the property and not created by the landowner, and 3) if the variance were granted, it would not alter the surroundings. The memorandum concluded that economic considerations alone can not constitute undo hardship if reasonable use for the property exists under the Zoning Ordinance. Member Masica said she believed this project was all about economics and utilizing a public park for a private amenity to allow Cypress to offer their development to their desired market. She stated that no citizen can depend on the Zoning Ordinance to protect their property rights from arbitrary and capricious decision making. Member Masica indicated it was not up to the City to make a case for the developer, the burden of proof for hardship was the responsibility of the landowner, providing evidence that it was not viable or possible to develop this parcel for residential or commercial purposes without variances. She stated her belief that the burden of proof had not been met. Member Swenson said she wants the project built in a way that makes the best use of the land for the area. She has supported the project from the beginning and continued to do so. Member Swenson said she wanted the building on the north end and added it deserved the variances. She said building the project in the middle of the site would impact the easements as well as the park and neighborhood. Member Swenson said she wanted a dedicated right turn lane, the tunnel, the roof and sound insulation in the delivery area, etc. and she supported the project. Member Housh noted he has thought about this project a great deal. The project fits what this development area was all about and combines approved uses, i.e. residential, retail and restaurants. Edina was going to change - it was no longer an outer ring suburb. Mr. Housh noted this type of development was appropriate. He reminded the Council that the property originally was a gravel pit and has become a tree lined park. The development was a win-win situation for the citizens of Edina and granting a variance because of the unique shape of the lot dictated where the taller structure was placed on the lot. Member Housh supported the project going forward. Member Hulbert said when she was running for a seat on the Council, the talk was all about "smart growth" and she questioned whether this was still true. She said residents have stated that this was too large of a project for the area. Member Hulbert said that she believed the City's zoning code should apply using common sense. She said that all the subsections relative to the relationship between what was being proposed and the surrounding existing development were loopholes for Councils to use so they can make decisions on the aesthetics of a project. Member Hulbert said that she did not think the proposed project suited the site, but that it could if the developer would redesign their project. She expressed concern about the integrity of the zoning code if the project were approved. Member Hulbert said she had some concerns she would like addressed before voting. She would like: a final landscape plan, roof over service area, roof of the tower, lighting plan, and the buff color. For those reasons she would not support the project. Mayor Hovland noted the process was started back in August. He said he felt like they have listened carefully to everyone, adding that some people will disagree with the decision, but that did not mean the Council did not listen to them, and that the democratic process had Page 6 Minutes/Edina City Council/May 16, 2006 been followed. He said that the Council had contemplated this matter privately. Mayor Hovland said he had counseled with people from within and outside of the neighborhood. He said he did not find this an easy matter to resolve and found that were fellow citizens with logical and legitimate opinions on both sides of the issue. Mayor Hovland said that the Council was seeking what they believed would be a decision in the best interest of the community. In trying to arrive at that decision he said he had walked the pathways of Centennial Lakes on a weekly basis attempting to envision the completed project. He said he had also personally enlisted the assistance of architects not associated the project to better understand the site plan, the architecture of the height, mass, and density of the use proposed by the project. Mayor Hovland said the comments of those architects have been uniformly praiseworthy. Mayor Hovland said that Edina, as most suburbs, has resided comfortably for decades in a horizontal world. However, because of escalating real estate costs land use requests were being seen involving verticality. Cypress Equity represented one of those requests. He said that the Council could attempt to tell the various proponents to go elsewhere, but he cautioned his belief that would be problematic for Edina. Mayor Hovland commented that he believed the requested variances, if granted, would allow a significantly improved project over what could otherwise be built. He added that in looking at the requirements for the variances, relative to undue hardship he was convinced by the proponent's legal counsel that burden had been met. This would not be the only reason to approve the project. Mayor Hovland said Edina would be controlling their own destiny when approving the project because they would be able to: have a project that was taller rather than wider, and the project would interface with the park both from the project and the park. He added he intended to vote for the project. • Landscaping plan for the project's interface with Centennial Lakes Park subject to review by URS, Inc. the promenade architect. The existing landscaping materials along the south side of the project will be retained during construction and final decisions concerning replacement of the trees in that area would be deferred until completion of the building. • Developer shall prepare plans for covering and reducing sound of the outdoor delivery area; and regulate delivery time to reduce nuisance effects to adjoining properties. • No amplification will be allowed for outdoor restaurants. • Dedicated right of way for right turn lane on France Avenue. • Approval subject to plans submitted . • Pedestrian easement tunnel. • Agreement on easements to be obtained. • All applicable conditions previously stated. Member Housh made a motion to adopt the following resolution adopting the findings and granting the Final Site Plan Approval to Cypress Equities for the property at 7311 France Avenue conditioned upon: • Landscaping plan for the project's interface with Centennial Lakes Park subject to review by URS, Inc. the promenade architect. The existing landscaping materials Page 7 Minutes/Edina City Council/May 16,2006 along the south side of the project will be retained during construction and final decisions concerning replacement of the trees in that area will be deferred until completion of the building. • Developer shall prepare plans for covering and reducing sound of the outdoor delivery area; and regulate delivery time to reduce nuisance effects to adjoining properties • No amplification will be allowed for outdoor restaurants • Execution of a developer's agreement • Dedication of a transit easement across the property • Establishment of cross-easements to allow access to 7373 France Avenue property to the south • Receipt of executed amendment to existing covenants agreement addressing park maintenance assessments • Agreement to keep Centennial Lakes paths open and usable throughout the construction of the project • Approval of Watershed District permits • Agreement to provide 20-foot-by-120-foot sidewalk/pathway easement at the northwest corner of the site for a future pedestrian tunnel below France Avenue • Agreement to fund and relocate the main entrance into the site off Gallagher Drive with future redevelopment of 7235 France Avenue • Agreement to limit the northerly loading dock to "nonpublic" use; delivery trucks only • Agreement to provide signal agreement and roadway modification permits with County prior to the issuance of a building permit • Submit proof of ability to eliminate the access to and from the upper parking structure of 7373 France Avenue • Enhanced paving in the Central Plaza area • Convey water without curb and gutters in the Central Plaza RESOLUTION NO. 2006-58 ADOPTING FINDINGS AND GRANTING FINAL DEVELOPMENT PLAN INCLUDING SETBACK VARIANCES BE IT RESOLVED BY THE EDINA CITY COUNCIL that the following findings are hereby adopted: FINDINGS,DECISIONS AND REASONS FOR VARIANCES FROM SETBACK STANDARD 1. Background. The proposed final site plan for the Amendment to the Overall Development Plan for Centennial Lakes, related to Lot 1, block 1, South Edina Development Addition (7311 France Avenue South) (the "Parcel") includes a request for a setback variance for the condominium tower to be included in the development of the Parcel. Because the City has determined to require the dedication of additional right-of- way along France Avenue for the construction of a right-turn lane at the intersection of France Avenue and Gallagher Drive, a setback variance is also required for the northerly retail building of the two retail buildings to be constructed along France Avenue. Under Section 850.04, subd. 2. D. 7 of the City Code, the City Council may approve such variance in connection with and at the same time as final site plan approval. Under the City Code, Page 8 Minutes/Edina City CounciINay 16, 2006 variances which are an integral part of the final site plan are considered by the City Council. 2. Findings for the Condominium Tower. The City Council has analyzed whether the developer faces a hardship sufficient to justify the proposed variance for the condominium tower. The City Council finds and determines that the setback variance in the final site plan for the Parcel is justified for the following reasons: (a) The MDD-6 subdistrict requires a minimum front street setback of 35 feet, plus 1/2 foot of additional setback for each foot a building exceeds the minimum, and a minimum side yard setback of 20 feet, plus 1/2 foot of additional setback for each foot a building exceeds the minimum. The condominium tower meets the front street setback requirement and the minimum side yard setback requirements, but because of the proposed height of the tower, a side yard variance is needed from the northerly edge of the Parcel. The proposed variance is warranted for the following reasons: (i) The MDD-6 subdistrict has no maximum height limit, and the City Code's existing sliding scale building height/setback standard for this subdistrict, as applied to the Parcel, permits construction of a building even taller than the proposed tower without any variances on a different location on the Parcel. Thus, the proposed 208- foot height of the tower fits within the essential character of this subdistrict, and is an allowable height for a building to be constructed on the Parcel. (ii) The Overall Development Plan for Centennial Lakes approved the inclusion of taller buildings in the Centennial Lakes development, and the recently completed Greater Southdale Area Land Use and Transportation Study envisions the development of taller buildings in the Greater Southdale Area. (iii) The Parcel is adjacent to Centennial Lakes Park, an award-winning city park developed in accordance with the Overall Development Plan for Centennial Lakes, and construction on the Parcel of a relatively taller building with a smaller building footprint will result in lesser impact on the park than would occur if the Parcel were developed with buildings of lower heights and larger building footprints. (iv) The City and its residents will benefit from having the condominium tower built closer to the northern edge of the Parcel, because that building location maximizes the ability to make land available for a public plaza and entrance to the park. (v) The irregular shape of the Parcel, and existing easements that bisect the Parcel, including utility easements, negatively impact the reasonable development of the Parcel in accordance with the requirements of the City Code and result in limitations on the location of the condominium tower on the Parcel. (b) Circumstances unique to the individual property under consideration, as outlined below, make the northerly edge of the property the most desirable location for the proposed condominium tower, but it cannot be built there without a variance. (i) The Parcel is located adjacent to France Avenue, a major arterial county road with 6 through lanes. Direct access to the Parcel is provided by a private easement over the property immediately north of the Parcel. Hennepin County will not approve any chance in such France Avenue access to the Parcel. Location of the condominium tower on the northerly edge of the parcel nearer to the France Avenue access to the Parcel and also to the retail buildings on the westerly edge of the property results in improved traffic circulation for the development of the Parcel in accordance with the final site plan, as well as for the adjacent Page 9 Minutes/Edina City Council/May 16,2006 Centennial Lakes Medical Office Building. Thus, granting the variance will better enable the developer to provide for traffic and parking in accordance with the City's goals of minimizing the impact on traffic flow in the vicinity. (ii) Locating the condominium tower on the northerly edge of the Parcel minimizes the impact of the development of the Parcel on the public access to the park and the views of the park from the west. (iii) The proposed location for the condominium tower works best not just for the developer, but also for the City and its residents. Shifting the building's footprint to the north, makes possible the inclusion of a public plaza as an entrance to the park, which will enhance the usage and access to the park as a public amenity. (iv) The proposed northerly location of the condominium tower leaves all of the existing easements unobstructed, in a way that siting the tower in accordance with strict setback requirements would not permit. Placing the tower in a location on the Parcel where no setback variance would be required might require relocation of existing utility easements,which would be costly and disruptive. (c) Locating the condominium tower on the northerly edge of the Parcel is a reasonable use, because it compensates for constraints imposed by the Parcel's irregular shape and existing easements, and it enhances the use of the Parcel to further many of the City's goals, including lesser negative impact on the park and improved traffic flow. (d) Strict enforcement of the literal provisions of the zoning ordinance to prevent placement of the condominium tower near the northerly edge of the property would cause undue hardship because such placement is a reasonable use of the property, and without the requested variance,the property could not be put to a reasonable use 3. Findings for the Northerly Retail Building. The City Council has analyzed whether the developer faces a hardship sufficient to justify the proposed variance for the northerly retail building. The City Council finds and determines that the proposed setback variance is justified for the following reasons: (a) The retail building design as originally proposed was designed to meet the MDD-6 subdistrict's 35-foot front yard and 20-foot side yard setback requirements for a 35-foot high building. The design was given preliminary approval in December 2005, with those conditions, and without any need for a setback variance from France Avenue. Thus, the proposed 35-foot height of the retail building design, and 35-foot setback from the existing property line along France Avenue fits within the essential character of this subdistrict, and is an allowable height for the retail building to be constructed on the Parcel. (b) A need for a France Avenue variance has arisen because the City has required that an additional 8 feet of right-of-way be dedicated along the westerly edge of the property for the construction of a right-hand turn lane from France Avenue to Gallagher Drive. Such a lane is not required to handle the traffic that will be generated by this project, as demonstrated by the traffic study commissioned for this project. (c) The Planning Commission and the Transportation Committee recommended approval of the development, and the City Council gave preliminary approval to the development without any condition that a turn lane be constructed. The request for a turn lane arose later in the planning process, as a desired enhancement of the City's ability to accommodate traffic that may be generated by future development in the vicinity. Granting the proposed variance will better enable the developer to provide for future Page 10 Minutes/Edina City Council/May 16, 2006 traffic needs in accordance with the City's goals of minimizing the impact on traffic flow in the vicinity. (d) The proposed dedication of additional right-of-way needed to construct the turn lane will alter the property's westerly boundary in such a way that the proposed northerly retail building, which complies with the City's setback requirements as applied to the Parcel's existing property lines,would then become out of compliance. (e) The developer has expressed its willingness to accommodate the City's request to construct a turn lane along France Avenue, but not at the considerable expense that would be required to redesign and reengineer its final plans in order to move the northerly retail building several feet further away from France Avenue. (f) To redesign the project in order to move the northerly retail building farther away from France Avenue would reduce the amount of land available for the proposed public plaza and entrance to the park. The current location of the retail buildings maximizes the developer's ability to provide the currently designed public plaza and park entrance as an amenity for the City and its residents. (g) The irregular shape of the Parcel, and existing easements that bisect the Parcel, including utility easements, negatively impact the reasonable development of the Parcel in accordance with the requirements of the City Code and result in limitations on the location of the retail buildings on the Parcel. (h) Circumstances unique to the individual property under consideration, as outlined above, make the current location the most desirable location for the proposed retail buildings. If the developer is to provide the requested right-of-way to honor the City's request for a turn lane, the northerly retail building cannot be constructed as designed without a variance. (i) Given the retail building design's full compliance with existing zoning requirements, and the lack of any turn lane requirement resulting from the traffic study for this project, the final plan for the retail buildings represents a reasonable use of the Property. (j) Strict enforcement of the literal provisions of the zoning ordinance to prevent placement of the northerly retail building as presently designed to meet the 35-foot setback requirement from the existing property line along France Avenue would cause undue hardship, because such placement is a reasonable use of the property, and without the requested variance, the property could not be put to a reasonable use. 4. Findings Applicable to Both Requested Variances. (a) While not dispositive, economic considerations favor the proposed variances, because, among other things, the size and placement of the condominium tower and retail buildings will promote interaction between sufficient numbers of residential users and the retail components of the project, and redesign and relocation of the proposed buildings would be costly and disruptive, potentially requiring relocation of existing easements. (b) For each requested variance, the plight of the developer is due to circumstances unique to the property, and not created by the developer. (c) The proposed variances will not alter the essential character of the locality, which is specifically zoned as a mixed use district, allowing residential, commercial, and other uses, allowing taller buildings than the proposed condominium tower on a property of this size, and allowing retail buildings of 35 feet in height to be placed at a setback of 35 feet from the existing property line along France Avenue. Page 11 Minutes/Edina City Council/May 16, 2006 BE IT FURTHER RESOLVED, that the Final Site Plan requested by Cypress Equities for 7311 France Avenue based upon the plans submitted at the May 16, 2006 City Council meeting is hereby approved including setback variances along the west and north sides of the property. BE IT FURTHER RESOLVED that the approval is subject to the following conditions: • Landscaping plan for the project's interface with Centennial Lakes Park subject to review by URS, Inc. the promenade architect. The existing landscaping materials along the south side of the project will be retained during construction and final decisions concerning replacement of the trees in that area will be deferred until completion of the building. • Developer shall prepare plans for covering and reducing sound of the outdoor delivery area; and regulate delivery time to reduce nuisance effects to adjoining properties • No amplification will be allowed for outdoor restaurants • Execution of a developer's agreement • Dedication of a transit easement across the property • Establishment of cross-easements to allow access to 7373 France Avenue property to the south • Receipt of executed amendment to existing covenants agreement addressing park maintenance assessments • Agreement to keep Centennial Lakes paths open and usable throughout the construction of the project • Approval of Watershed District permits • Agreement to provide 20-foot-by-120-foot sidewalk/pathway easement at the northwest corner of the site for a future pedestrian tunnel below France Avenue • Agreement to fund and relocate the main entrance into the site off Gallagher Drive with future redevelopment of 7235 France Avenue • Agreement to limit the northerly loading dock to "nonpublic" use; delivery trucks only • Agreement to provide signal agreement and roadway modification permits with County prior to the issuance of a building permit • Submit proof of ability to eliminate the access to and from the upper parking structure of 7373 France Avenue • Enhanced paving in the Central Plaza area • Convey water without curb and gutters in the Central Plaza Dated this 16th day of May,2006. Member Swenson seconded the motion. Rollcall: Ayes: Housh,Swenson, Hovland Nays: Hulbert, Masica Motion carried. RESOLUTION NO. 2006-59 APPROVED FINAL PLAT CORING MANOR SECOND ADDITION - 6621 NORMANDALE ROAD Manager Hughes reminded the Council that at Page 12 Minutes/Edina City Council/May 16, 2006 their February 21, 2006, regular Council meeting. Preliminary Plat was approved for Loring Manor Second Addition, 6621 Normandale Road. Following a brief discussion, Member Housh introduced the following resolution conditioned upon subdivision dedication of$16,000. RESOLUTION NO. 2006-59 APPROVING FINAL PLAT LORING MANOR SECOND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "LORING MANOR SECOND ADDITION ", platted by Robert Engstrom Companies„ and presented at the regular meeting of the City Council on May 16, 2006, be and is hereby granted final plat approval. Passed and adopted by the Edina City Council this 16th day of May, 2006 Member Swenson seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. ORDINANCE NO. 50-A-28 ADOPTED - FINAL REZONING R-1 SINGLE FAMILY TO PRD-3, PLANNED RESIDENTIAL DISTRICT - NOONAN CONSTRUCTION/ KINGDOM PROPERTIES Affidavits of Notice were presented, approved and ordered placed on file. Mr. Hughes said that the subject proposal received preliminary rezoning for the development of Brownstones on France. Noonan Construction plans to buy 2.2 acres of the existing Calvary Church parking lot on the southwest corner of 52nd Street and France Avenue and redevelop the site with luxury townhouses. Brownstones on France would contain 20 townhouses with a common underground parking garage. Each unit would have two parking stalls and storage secured by its own garage door. Unit sizes range from about 3,100 square feet to 3,400 square feet on two or three floors. Mr. Hughes said each unit was designed with its own private elevator. He noted setback variances would be required from France Avenue and from the south and west property lines. The zoning ordinance requires a 35-foot setback from streets and the rear lot line and a 20-foot setback from an interior property line. At a previous meeting, staff recommended the variances because they were similar to those granted to other projects in the more urbanized areas of the community. In order for the project to move forward, the land had to be rezoned to Planned Residence District-3. Mr. Hughes reported final rezoning approval was recommended, subject to the developer obtaining proper permits from the Watershed District and executing a developer's agreement and submitting a final plat, which the Council may consider at its next meeting. Ed Noonan, Noonan Construction, used a graphic and three dimension model to present the final plans for the Brownstones on France. Council questions included the maintenance responsibility for the berm and sidewalk on the property, the quality of the proposed development and the proposed materials to be used. Page 13 Minutes/Edina City Council/May 16,2006 PUBLIC COMMENT Tom Fletcher, 5137 Halifax Avenue, expressed concerns about traffic at 52nd and Halifax. Mr. Fletcher asked that there be no left turns allowed at 52nd and Halifax. Mr. Hughes reminded the Council of their previous discussion of that possible scenario. Member Masica made a motion to close the public hearing, seconded by Member Swenson. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Masica made a motion to adopt Ordinance No. 850-A28 rezoning 5300 France Avenue from R-1 to PRD-3 as follows conditioned upon: 1) Developers Agreement; 2) Watershed District Permits; and 3) Final Plat: ORDINANCE NO. 850-A28 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) BY REZONING PROPERTY TO PRD-3 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding the following thereto: The extent of the Planned Residence District 3, PRD-3 is enlarged by the addition of the following described property: Lots 1, 2,3,4,5,6,7,8,10,1,12,13,14,15,16,17 and Lot 9, except the East 150.00 feet thereof; and the Easterly 45.00 feet of Lots 19, 20 and 21; and that part of Lots 22,23,24, 25,26, 27,28,30,31,32 and 33, lying East of the following described line: Commencing at a point on the South line of said Lot 24, a distance of 63.00 feet West of the Southeast corner thereof, thence North to a point on the North line of said Lot 28 a distance of 84.00 feet West of the Northeast corner thereof; thence continuing North along the last described line extended to its intersection with the North line of said Lot 33, said point of intersection being the actual point of beginning of the line being described; thence South along the last described line extended South to its intersection with the South line of said Lot 22 and there terminating; and that part of Lot 29, described as follows: Beginning at the Southeast corner of said Lot 29; thence West along the South line of said Lot 29 a distance of 84.0 feet; thence North to appoint of the North - line of said Lot 29 which is 81.7 feet West of the Northeast corner of said Lot 29; thence East along the North line thereof, a distance of 81.7 feet to the Northeast corner of said Lot 29; thence South along the East line of said Lot 29 to the Southeast corner of said Lot 29 and the point of beginning, all in Block 1, South Harriet Park, 2nd Addition, according to the plat thereof on file and of record in the office of the County Recorder,in and for Hennepin County, Minnesota. AND Page 14 Minutes/Edina City Council/May 16, 2006 That part of Lot 18, Block 1, South Harriet Park, 2nd Addition, on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying Westerly and Southerly of a line described as beginning at the Southeast corner of the West 33.50 feet of said Lot 18; thence North 0 degrees 00 minutes 29 seconds East, assumed bearing along the East line of said West 33.50 feet of said Lot 18; a distance of 137.60 feet; thence Westerly a distance of 26.45 feet along a non-tangential curve, concave to the North, having a radius of 38.42 feet, a central angle of 39 degrees 26 minutes 36 seconds and a chord bearing of North 79 degrees 32 minutes 39 seconds West to the East line of the West 8.00 feet of said Lot 18; thence North 00 degrees 00 minutes 29 seconds East along said East line of the West 8.00 feet of Lot 18 to the North line of the South 150.00 feet of said Lot 18 and said line there terminating. AND The West 8.00 feet of that part of Lot 18, Block 1, South Harriet Park, 2nd Addition lying Northerly of the South 150.00 feet of said Lot 18. ABSTRACT PROPERTY and The extent of the Single Dwelling Unit District, R-1 is reduced by removing the property described above. Section 2. Effective Date: This Ordinance shall be in full force and effect upon adoption and publication according to the law. Adopted this 16th day of May, 2006 First Reading: March 16, 2006 Second Reading: May 16, 2006 Published: June 8, 2006 Attest Debra ang n, C Clerk James B. Hovland,-Mayor Member Swenson seconded the Motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. CONCERN OF RESIDENTS Addy Fitzsimmons, 5025 Yvonne Terrace, voiced concern with developers utilizing every square inch of property to build huge homes that do not fit with the neighborhood. She elaborated scenarios where the displacing of soils from the projects surrounding her home has exacerbated the drainage on her property as well as the inconvenience. Ms. Fitzsimmons asked that more control be expended by the City to builders redeveloping properties. Steve Rusk, 5040 Hankerson, noted that a Council work session would be held on June 6, 2006, on the Interlachen Blake Trail. He indicated that funding for the project would not be lost if the design were to change. The original bicycle plan was published in 1999 and, he Page 15 Minutes/Edina City Council/May 16,2006 noted, Edina needs an updated, modern plan. He suggested forming a temporary task force comprised of City staff, DOT, MnDOT, members of the Three Rivers Park District, and other knowledgeable persons. Following a brief Council discussion, a Council Work Session was scheduled for Tuesday, May 30, 2006 at 5:30 P.M. to discuss the Blake/Interlachen bike path proposal. *AWARD OF BID - 2006 TREATMENT OF LAKES AND PONDS Motion made by Member Masica and seconded by Member Hulbert for award of bid for the 2006 treatment of lakes and ponds to recommended low bidder,Lake Restoration, Inc., at$18,110.32. Motion carried on rollcall vote -five ayes. *AWARD OF BID - ASPHALT PATHWAY REPAIR - BREDESEN PARK Motion made by Member Masica and seconded by Member Hulbert for award of bid for Bredesen Park asphalt pathway repair to recommended low bidder, Bituminous Roadways, Inc., at $24,512.50. Motion carried on rollcall vote - five ayes. *AWARD OF BID - ROOF REPLACEMENT - BRAEMAR ARENA Motion made by Member Masica and seconded by Member Hulbert for award of bid for roof replacement at Braemar Arena to recommended low bidder, Brent Anderson Associates, Inc., at $32,153.00. Motion carried on rollcall vote -five ayes. *AWARD OF BID - ABB VARIABLE FREQUENCY DRIVE - UTLEY PARK WELL#2 Motion made by Member Masica and seconded by Member Hulbert for award of bid for an ABB Variable Frequency Drive for Well No. 2 in Utley Park to sole bidder, Mulcahy Engineered Fluid Handling and HVAC Solutions at$16,876.00. Motion carried on rollcall vote -five ayes. *AWARD OF BID - ASPHALT STREET REPAIRS FROM WATER MAIN REPAIR DAMAGE Motion made by Member Masica and seconded by Member Hulbert for award of bid for asphalt street repairs from water main repair damage to recommended low bidder, Klein Underground, LLC, at$33,694.76. Motion carried on rollcall vote -five ayes. *AMENDED TOINT AND COOPERATIVE AGREEMENT FOR SOUTHWEST SUBURBAN CABLE COMMISSION Motion made by Member Masica and seconded by Member Hulbert approving the amended and joint cooperative agreement allowing any member city to require an audit of the commission's financial books as deemed necessary in lieu of performing an annual audit. Motion carried on rollcall vote - five ayes. *CHANGE ORDER NO. 2 - CONTRACT PW 05-3 - CASING PIPE RENOVATION FOR WOODDALE WATER TREATMENT PLAN - UTLEY PARK Motion made by Member Masica and seconded by Member Hulbert approving Change Order No. 2, Contract PW 05- Page 16 Minutes/Edina City Council/May 16, 2006 3, for the Wooddale Water Treatment Plan, located in Utley Park in the amount of $8,600.00. Motion carried on rollcall vote - five ayes. RESOLUTION NO. 2006-57 APPROVING VARIOUS DONATIONS Mayor Hovland explained in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Housh made a motion approving the following resolution: RESOLUTION NO. 2006-57 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed donations on behalf of its citizens. Donation to the Braemar Memorial Fund for future Golf Course equipment purchases as follows: Wesley and Marilyn Smith $50.00 Donation to the Edina Police Department for the second K-9 and its ongoing costs as follows: Edina Federated Women's Club $22,000.00 Dated: May 16, 2006 Member Swenson seconded the motion. Ayes: Housh Hulbert, Masica, Swenson, Hovland Motion carried. *TRAFFIC SAFETY STAFF REPORT OF MAY 2 2006 APPROVED Motion made by Member Masica and seconded by Member Hulbert approving the Traffic Safety Staff Report of May 2, 2006, Section A: 1. Installation of a "No Parking Here to Corner" sign 30 feet north of the western most entrance/exit of Edina Court onto West 50th Street; 2. Installation of an advance pedestrian warning sign on Hazelton Road for westbound traffic; 3. Installation of horizontal alignment turn signs (WI-1) in advance of the two horizontal curves along Park Terrace/Interlachen Boulevard between Malibu Drive and Kelsey Terrace. Installation of "No Parking" signs to implement a no parking zone on both sides of the street within the horizontal curve area where Park Terrace and Interlachen boulevard meet (west of Kelsey Terrace) within the median area and 125 feet to the east; and Section B and Section C. Motion carried on rollcall vote - five ayes. *CHANGE ORDER NO. 1 APPROVED - ARNT CONSTRUCTION - SOUTHVIEW MIDDLE SCHOOL GYMNASIUM CONSTRUCTION Motion made by Member Masica Page 17 Minutes/Edina City Council/May 16, 2006 and seconded by Member Hulbert approving Change Order No. 1, Arnt Construction for South View Middle School Gymnasium Construction in the amount of $16,912.00 to provide a drain tile system in the bottom of the dry pond area of the parking lot. Motion carried on rollcall vote - five ayes. *CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member Hulbert seconded the motion approving payment of the following claims as shown in detail on the Check Register dated May 3, 2006, and consisting of 33 pages: General Fund $191,097.18; CDBG Fund $48.00; Communications Fund $3,132.75; Working Capital Fund $13,455.97; Construction Fund $14,127.77; Art Center Fund $14,977.84; Golf Dome Fund $2,637.53; Aquatic Center Fund $3,023.15; Golf Course Fund $28,507.24; Ice Arena Fund $2,137.34; Edinborough/Centennial Lakes Fund $5,232.14; Liquor Fund $167,492.78; Utility Fund $107,375.36; Storm Sewer Fund $10,527.16; PSTF Agency Fund $406.52; TOTAL $564,178.73; and for approval of payment of claims dated May 10, 2006, and consisting of 31 pages: General Fund $172,258.30; CDBG Fund $23,295.00; Communications Fund $8,433.62; Working Capital Fund $404,762.24; Art Center Fund $557.90; Aquatic Center fund $9,860.12; Golf Course Fund $42,345.26; Ice Arena Fund $18,124.10; Edinborough/Centennial Lakes Fund $7,258.90; Liquor Fund $91,542.63; Utility Fund $86,145.30; Storm Sewer Fund $715.20; PSTF Agency Fund $13,567.34; TOTAL $878,865.91. Motion carried on rollcall vote - five ayes. COMMUNICATION RECEIVED Mr. Hughes indicated a letter dated May 11, 2006, was received from Warren Beck of Gabbert & Beck, regarding the Galleria and Westin Hotel project. When the final plan approval was granted, a parking ramp included a proof of parking agreement. The proposed ramp was for four levels, three to be built initially and the fourth in the future, if needed. Mr. Beck outlined in his letter reasons to build the fourth parking level now. Mr. Hughes said it seems that building a fourth level now would alleviate the lengthy process to receive a second final development plan approval. Staff would concur that the request was reasonable and they would support going forward with the fourth level. No formal Council action was taken. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 12:15 A.M. Respectfully submitted, too &MA City Clerk Page 18