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HomeMy WebLinkAboutResolution No. 2006-058 Cypress Equities -- Final Site Approval Including Setback Variances A, RESOLUTION NO. 2006-58 o e ,r, ADOPTING FINDINGS AND GRANTING FINAL DEVELOPMENT PLAN INCLUDING SETBACK VARIANCES City of Edina 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, 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. City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA,MINNESOTA,55424-1394 www.cityofedina.com TTY 952-826-0379 Resolution No. 2006-58 Page 2 • (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 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 Resolution No. 2006-58 Page 3 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 BuildinZ. 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 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 Resolution No. 2006-58 Page 4 • 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. 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. . Resolution No. 2006-58 Page 5 • 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 Passed and adopted this 16th day of May, 2006. Attest: Alu�,, �- r) Debra A.Mangen, ity ber10 James B. Hovland,Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN)SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK 1, 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 May 16,2006 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of ,20_. Is City Clerk