HomeMy WebLinkAboutResolution No. 2025-33 5100 Eden Avenue Rezoning etcRESOLUTION NO. 2025-33
APPROVING REZONING, SUBDIVISON/REPLAT, SITE PLAN AND MULTIPLE
VARIANCES FOR 5100 EDEN AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section I. BACKGROUND.
1.01 Opus Development Company, LLC is proposing to tear down the existing 38,000
square foot office building to construct a new approximately 112,000 square foot
office building at 5100 Eden Avenue. The plan includes the potential for retail space on
the first level.
1.02 The property is legally described as follows:
(Per First American Title Insurance Company Commitment for Title Insurance Commitment No, NCS-1165655—MPLS,
commitment dote January 29, 2023)
Real property in the City of Edina, County of Hennepin, State of Minnesota, described as follows:
PARCEL 1 [Torrens Property Certificate of Title No. 1401080]:
All of Tract I described below:
Tract I: Thal port of Tracts A, B and C, Registered Land Survey No. 7, described as follows: From a point on Lire A
described below, distant 400 feet Northeasterly of its point of termination run Northwesterly at right angles to said Line A
for 50 feet to the point of beginning of Tract I to be described; thence run Northwesterly to a point on the Easterly
extension of the North line of Lot 4, Black I, Grondview Heights, distant 30 feet Easterly of the Northeast corner of said
Lot 4; thence run Easterly on said Easterly extension for 30 feet: thence run Southeasterly to a point distant 50 feet
Northwesterly (measured at right angles) of a point on said Line A. distant 440 feet Northeasterly of its point of
termination; thence run Southwesterly parallel with Fall Line. A to the paint of beginning;
Line A: Frorn a paint on the East and West quarter line of Section 28, Township 117 North. Range 21 West, distant 201.86
feet West of the East quarter corner thereof run Southwesterly at on angle of 96 degrees 39 minutes 13 seconds from
sold East and West quarter line (measured from East to South) for 618.38 feet; thence deflect to the left of on angle of
13 degrees 58 minutes 55 seconds for 468.97 feet to the point of beginning of Line A to be described; thence deflect to
the right at on angle of 61 degrees 23 minutes 45 seconds for 270.49 feet; thence deflect to the right on a 06 degree
00 minute 00 second curve (delta angle 12 degrees 39 minutes 05 seconds) for 158.14 feet; thence on tangent to said
curve fur 170.37 feet and there terminating.
PARCEL 2 [Torrens Property Certificote of Title No. 1101080]:
Tract A, Registered Land Survey No. 1307, Hennepin County, Minnesota.
PARCEL 3 [Abstract Property]:
Lot 4, Block I, Grand View Heights, less and except that portion thereof acquired by the State of Minnesota in Warranty
Deed recorded as Document No. 3774017; and Lots 5, 6, "1 and 8, Block I, Grand View Ileights, less and except those
portions thereof acquired pursuant to Final Certificate recorded as Document No. 1517589, Hennepin County, Minnesota.
1.03 To accommodate the request, the following is requested:
I. Rezoning from Planned Office District I to Planned Commercial District 2.
2. Subdivision approval of a new plat to consolidate seven parcels into one.
3. Site Plan approval.
4. A variance for the following building setbacks:
a. West (Arcadia): 21 feet where 35 feet is required
b. North: 4 feet where 25 feet is required
c. East: 11 feet where 25 feet is required
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2025-33
Page 2
d. South: 2 feet where 25 feet is required
5. A variance to allow FAR at 2 where 1.5 is permitted.
6. A variance to allow building height at 81 feet where up to 48 feet is permitted.
7. A variance from the requirement that all facades on the first vertical 60 feet of a
building shall use natural materials (brick, stone) facing the public realm.
8. A variance from the screening and setback requirements for utility equipment.
1.04 On March 26, 2025, the Planning Commission held a public hearing and recommended
approval of the request with the following added conditions: The applicant re-consider the
site plan to provide a safer pedestrian and bike access to the east entrance of the building
along Eden Avenue; continue the sidewalk along the south side of the commercial space to
the east and north; and provide natural building materials on the ground level on all sides of
the building. Vote: 8 Ayes and I Nay.
1.05 On April 16th, 2025, the City Council held a public hearing and considered the request.
Section 2. FINDINGS
2.01 Approval is based on the following findings:
I. The variance criteria in Section 36-98 of the City Code is met:
a. The variances would be in harmony with the general purposes and intent of the ordinance.
b. The variances would be consistent with the Comprehensive Plan.
c. There are practical difficulties in complying with the ordinance. The term "practical
difficulties" means the following:
i. The property owner proposes to use the property in a reasonable manner not
permitted by the Zoning Ordinance.
ii. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
iii. The variance, if granted, will not alter the essential character of the locality.
2. The property owner proposes to use the property in a reasonable manner not permitted by
the Zoning Ordinance; the circumstances unique to the property were not created by the
landowner; the right-of-way width of 30 feet along Eden Avenue; the site abuts Highway 100
on the east side and is buffer by trees in the right-of-way; the variance, if granted, will not
alter the essential character of the area.
3. The proposed setbacks are generally consistent with other recent approvals for developments
in the area including the Avidor (4 feet from Eden Avenue), the most recently approved plan
for the former public works site at 5146 Eden Avenue (5 feet from Eden Avenue and Arcadia
Avenue), and the previous approval for a multi-family building at this site (10 feet from Eden
Avenue and Arcadia Avenue).
4. The mass of the building compared to the previously approved residential project for the site
would be less. The floor area ratio (FAR) of the previous project was 3.2 compared to the
current proposal of 2.0. The FAR is also consistent with other recently approved projects in
RESOLUTION NO. 2025-33
Page 3
the area including the Avidor (2.21), Maison Green (2.5), and the senior housing at 5146 Eden
Avenue (3.09).
5. The proposed height at 81 feet is consistent with other recently approved projects in the area
including the Avidor (80 feet / 6 stories), Maison Green (76 feet / 7 stories), the senior
housing at 5146 Eden Avenue (83 feet / 6.5 stories), and the previous approval for a multi-
family building at this site (82 feet / 7 stories).
6. The requirement that all facades on the first vertical 60 feet of a building shall use natural
materials (brick, stone) facing the public realm is intended to result in the use of quality
building materials and attractive buildings. In general, the façade is primarily glass so the
requirement would apply to all non-glass surfaces. On the ground level, a stone material will
be used on the west and south sides of the building. The upper floors are almost entirely
glass. The ordinance encourages a high amount of glass with the 75% transparency
requirement, which this project complies with. Exchanging the small amount of metal panel
would not significantly alter the appearance of the building in this case.
7. The intent of the screening and setback requirements for utility equipment is to maintain an
attractive public realm. There are limited options for where the utility equipment can be
placed, due to the location of the existing electrical service lines. The applicant has proposed a
reasonable plan for screening the equipment and will be responsible for maintaining all
screening and landscaping.
8. The proposed rezoning is consistent with the Comprehensive Plan. The site is guided Mixed
Use Center in the Comprehensive Plan, which lists retail, office, service, multifamily, and
institutional uses as primary uses. The PCD-2 district allows all of these uses.
9. The proposal meets the criteria for rezoning in Section 36-213 of the Zoning Ordinance. The
rezoning will not be detrimental to properties surrounding the tract; will not result in an
overly intensive land use; will not result in undue traffic congestion or traffic hazards;
conforms to the provisions of this section and other applicable provisions of the City Code;
and provides a proper relationship between the proposed improvements, existing structures,
open space and natural features.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves
the Rezoning from POD-I, Planned Office District -1 to PCD-2, Planned Commercial District,
Subdivision/Replat, Site Plan, and requested Variances
Approval is subject to the following Conditions:
I. The Project must be constructed consistent with the proposed plans dated April 30, 2025,
the revised Site Plan and the plans included in the May 6, 2025 City Council packet.
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
RESOLUTION NO. 2025-33
Page 4
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.
3. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the
City Code.
4. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code.
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.
6. Compliance with all the conditions outlined in the Director of Engineering's memo dated
March 21, 2025.
7. Compliance with the Stantec Consulting Traffic & Parking Study recommendations.
8. Dedication of public access easements on the sidewalks.
9. Submittal of a construction management plan subject to review and approval of city staff
prior to issuance of a building permit.
10. Hours of construction must be consistent with the City Code.
I. Maintenance of sidewalks, public space, and all landscaping within the public right-of-way
shall be responsibility of property owner.
I 2. Provision of code compliant exterior bike racks for the commercial use near the building
entrance would be required at the time of permitting.
13. Park dedication fee of $9,656 would be required prior to the issuance of a building permit.
14. The applicant re-consider the site plan to provide a safer pedestrian and bike access to the
east entrance of the building along Eden Avenue.
15. Continue the sidewalk along the commercial space of the building to the east and south to
provide a connection to the sidewalk on Eden Avenue.
16. Revise the building materials plan to provide natural looking building materials on the
ground level at the garage entrances.
17. Developer has permission to install a temporary earth retention system within the Eden
Avenue right-of-way as a temporary encroachment. The earth retention system allows the
contractor to build the underground facilities without damaging Eden Avenue or public
utilities. They intend to install large metal beams (H-piles) vertically into the ground to
support walls and allow underground excavation. After the permanent walls are built, the
temporary supports will be removed. The following conditions apply:
a. H-pile locations to be determined based on private and public utilities to avoid impacts
and coordinated with the City Engineer.
ame ovland, Mayor
RESOLUTION NO. 2025-33
Page 5
b. H-piles shall be removed upon project completion.
An earth retention system is a structure or technique used to support soil laterally so that it
can be maintained at different levels on the two sides. It's commonly used in construction,
especially for deep excavations, to prevent the soil from collapsing into the excavated area.
These systems are essential in maintaining the stability of surrounding ground and
structures.
18. A Site Improvement Performance Agreement shall be approved by the City Council prior to
issuance of a building permit.
Adopted by the City Council of the City of Edina, Minnesota, on ay 6, 2025.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
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 May 6, 2025, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 2025.
Sharon Allison, City Clerk