HomeMy WebLinkAboutResolution No. 2016-071 Prelim Rezoning PCD-4 & Site Plan 4528 & 4530 France RESOLUTION NO. 2016-71
APPROVING PRELIMINARY REZONING FROM PCD-4, PLANNED COMMERCIAL
DISTRICT TO PCD-I, PLANNED COMMERCIAL DISTRICT — I &
SITE PLAN REVIEW WITH VARIANCES FOR
4528 & 4530 FRANCE AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Ted Carlson, Orion Investments is proposing to redevelop the properties at 4528 and 4530
France Avenue. The applicant is proposing to tear down the existing building at 4530 (former
Rapid Oil Change) and build an addition above the existing garage at 4528 France that would
match the existing building on that lot. A bank drive-through is proposed along France
Avenue.
1.02 The property is legally described as follows:
See Attached Exhibit A.
1.03 To accommodate the request, the following land use applications are requested:
I. A rezoning of the Oil Change site (4530 France) from PCD-4 to PCD-1, Planned
Commercial District; and
2. Site Plan Review with building, signage, parking and parking lot setback variances.
1.04 On July 13, 2016, the Planning Commission considered the request. A motion to approve the
Preliminary Rezoning and Preliminary Site Plan passed. Vote: 8 Ayes and I Nay.
Section 2. FINDINGS
2.01 Approval is based on the following findings:
I. The proposed land uses are consistent with the Comprehensive Plan.
2. The rezoning criteria per Section 36-216 of the City Code is found to be met.
3. The proposed variances are reasonable. The practical difficulty is the small lot size, the
single-family homes to the west, and the existing structures and parking lots/drive aisles
on the site. These conditions make any redevelopment difficult. A code compliant free
standing sign would potentially be blocked from view on France if the proof of parking
stalls were constructed.
CITY OF EDINA
4801 West 50th Street-Edina,Minnesota 55424
www.EdinaMN.gov-952-927-8861 - Fax 952-826-0390
RESOLUTION NO. 2016-71
Page 2
4. The proposal is a vast improvement over existing conditions, which includes pavement
that extends to the lot lines. Green space has been added along west lot line and France
Avenue. A lot of landscaping has been added, including on top of the existing parking
structure that will remain. A fence and landscaping along the west lot line will provide an
improved buffer to the single-family homes to the west.
5. A parking study was conducted by WSB that concludes that adequate parking is
provided within the development. City Code required parking is not necessary for the
site. A proof-of-parking plan is proposed for additional spaces. These stalls are not
expected to be needed, but could be constructed if parking becomes a problem.
6. The site is uniquely located adjacent to single-family homes, and the existing
nonconforming underground parking structure is not common in this PCD-I Zoning
District. These conditions were not created by the applicant.
7. The proposed new building will enhance the character of the neighborhood, as it is a
vast improvement to the existing structure. The parking areas will also be improved by
adding landscaping along the west lot line, where there is none today. The landscaping
and green space in front and in back of the new building will also improve the character
of the neighborhood.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves
the Preliminary Rezoning to PCD-I, Planned Commercial District, Site Plan and Variances subject to
the following conditions:
I. The Final Development Plans must be consistent with the Preliminary Development
Plans dated June 17, 2016, and the materials board as presented to the Planning
Commission on July 13, 2016.
2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter
36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must
be submitted for one and one-half times the cost amount for completing the required
landscaping, screening, or erosion control measures at the time of any building permit.
The property owner is responsible for replacing any required landscaping that dies after
the project is built.
3. Compliance with all of the conditions outlined in the city engineer's memo dated July 6,
2016.
4. Provision of code compliant bike racks (5 minimum) near the building entrances.
5. Submit a copy of the Minnehaha Creek Watershed District permit. The City may
require revisions to the approved plans to meet the district's requirements.
RESOLUTION NO. 2016-71
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6. The on-site drive-aisle shall be widened to accommodate emergency vehicle, subject to
review and approval of the fire marshal.
7. Roof-top mechanical equipment shall be screened from adjacent residential property and
from France Avenue, per Section 36-1459 of the City Code.
8. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the
Zoning Ordinance. Lighting shall be down lit.
9. The applicant shall enter into a proof of parking agreement with the City of Edina. The
agreement shall be filed prior to issuance of a final occupancy permit for the new
building.
10. The two lots must be combined.
1 1. The back patio shall not be used for restaurant seating should a restaurant occupy the
building.
12. The sidewalk France shall be 5 feet wide with a 2-foot boulevard.
13. The applicant shall work with the city engineer to explore ways to direct drainage to the
east.
Adopted by the city council of the City of Edina, Minnesota, on August 3, 2016.
ATTEST:
L" -
Debra A. Mangen, 6ity CI rk James B. Hovland, Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
RESOLUTION NO. 2016-71
Page 4
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that
the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular
Meeting of August 3, 2016, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 2016.
City Clerk
L, 0 i l� , T
DESCRIPTION OF PROPERTY SURVEYED
(Per Stewart Title Guaranty Company issued by its agent, Land Title, Inc. Commitment for Title Insurance LT File No. 534784, effective date February 24,
2016)
Parcel A:
That part of Block 20, Waveland Park, Hennepin County, Minnesota, commencing at a point in the West line of France Avenue distant 260 feet North from
the South line of Section 7, Township 28 North, Range 24, West of the Fourth Principal Meridian; thence West parallel with said South Section line 150 feet;
thence North parallel with France Avenue to Northwesterly line of abandoned right of way of the Minneapolis Lyndale and Minnetonka Railway Company; thence
Northeasterly along said Northwesterly line of said abandoned right of way to West line of France Avenue; thence South 249.25 feet to beginning except that
part of the foregoing Tract being hereinafter referred to as Tract A described as follows: That part of said Tract A lying South of a line bearing South 59
degrees 54 minutes 28 seconds West from a point in the West line of France Avenue 145 feet North of the Southeast corner of said Tract A and East of a
line bearing North 0 degrees 18 minutes 54 seconds West from a point in the South line of said Tract A, 77 feet Westerly of the Southeast corner of said
Tract A.
Parcel B: 0536) piwz{moi ,4v S. -- P r, 1J702&�Z�F�f�o�37,
A portion of that part of Block 20, Waveland Park, Hennepin County, Minnesota, commencing at a point in the West line of France Avenue distant 260 feet
North from the South line of Section 7, Township 28 North, Range 24 West, of the Fourth Principal Meridian; thence West parallel with said South section
line, 150 feet; thence North parallel with France Avenue to Northwesterly line of abandoned right of way of the Minneapolis, Lyndole and Minnetonka railway
Company; thence Northeasterly along said Northwesterly line of said abandoned right of way to West line of France Avenue; thence South 21.9.25 feet to
beginning, the foregoing tract being hereinafter referred to as Tract A and the portion thereof herein contained being described as follows:
That part of sold Tract A lying South of a line bearing South 59 degrees 54• minutes 28 seconds West from a point in the West line of France Avenue 145
feet North of the Southeast corner of said Tract A and East of a line bearing North 0 degrees 18 minutes 54 seconds West from a point in the South line
of said Tract A, 77 feet Westerly of the Southeast corner of said Tract A.
Torrens Property