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HomeMy WebLinkAbout1996-05-01 Planning Commission Meeting Minutes RegularAGENDA REGULAR MEETING OF THE EDINA PLANNING COMMISSION HELD ON WEDNESDAY, MAY 1, 1996 7:30 P.M., CITY HALL COUNCIL CHAMBERS I. APPROVAL OF MINUTES: March 27, 1996 II. OLD BUSINESS: LD -96-2 Bill Slater 6600 Belmore Lane III. NEW BUSINESS: Z-96-1 Final Rezoning and Final Plat Approval & Jerry's Enterprises S-96-2 Comprehensive Plan Amendment 6716,20,24 Xerxes Avenue S-96-4 Preliminary Plat Approval Arrowhead Pointe/Naas Property Arrowhead Partners P-96-2 Final Site Plan Approval Centennial Lakes Office & Phase I S-96-3 South Edina Development Third Addition. Centennial Lake Limited Partnership P-96-1 Final Development Plan Edina Properties 3917-3029 West 50th Street IV. ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE EDINA PLANNING COMMISSION HELD ON WEDNESDAY, MAY 1, 1996 7:30 P.M., EDINA CITY HALL COUNCIL CHAMBERS MEMBERS PRESENT: Acting Chairman David Runyan, David Byron, Nan Faust, Geof Workinger, Charles Ingwalson and Ann Swenson MEMBERS ABSENT: Gordon Johnson, Lorelei Bergman, Helen McClelland STAFF PRESENT: Craig Larsen, Jackie Hoogenakker, Fran Hoffman APPROVAL OF THE MINUTES: Commissioner Faust moved to recommend approval of the March 27, 1996, meeting minutes. Commissioner Swenson requested a change to the minutes to strike "relocate tree". Commissioner Workinger seconded the motion. All voted aye; motion carried. LD -96-2 Request: Bill Slater 6600 Belmore Lane Lot Line Adjustment Mr. Larsen asked the Commission to recall they considered and tabled the request at their March 27, 1996, meeting. The proponent was given time to consider changes which could reduce the impact of existing improvements on the new building site. Mr. Larsen said the proponent has returned with a plan which would abandon the existing garage and driveway and would construct a new garage on the east side of the existing house. The proposed lots remain as originally proposed. Mr. Larsen concluded the revised proposal allows for a more logical development of the new lot by allowing the building site to move forward. If the new home's garage used the alley for access and only living space existed along the east property line the minimum setback would be 10 feet and would provide adequate space between homes. If the new lot were reduced in width below 75 feet only a five foot setback would be required. Mr. Larsen said approval should be conditioned on: a. Abandonment of existing drive and construction of new garage east of the existing house, and b. New lot be limited to access to alley with no curb cut on Belmore. The proponent, Mr. Slater was present. Commissioner Swenson asked Mr. Larsen if he can recall the closest the City has allowed a garage to be constructed to a property line. Mr. Larsen said he can only recall one instance where a variance was granted under three feet, and that was for a 1.5 foot sideyard setback variance for a non -conforming structure on a difficult lot near the creek in east Edina. Commissioner Byron acknowledged the redesign, and questioned if the variance is now for 6 feet. Mr. Larsen responded that is correct. Commissioner Byron moved to recommend lot division approval subject to staff conditions. Commissioner Workinger seconded the motion. All voted aye; motion carried. III. NEW BUSINESS: Z-96-1 Final Rezoning Approval and Final Plat Approval S-96-2 Jerry's Enterprises and Welsh Companies Comp. Plan Amendment 6716, 6720 and 6724 Xerxes Avenue South Residential to Commercial Mr. Larsen informed the Commission the City Council granted preliminary approval for the proposed redevelopment at its April 15, 1996, meeting. The 2 proponents have returned and are presenting plans for final approval of the rezoning, plat and Comprehensive Plan Amendment. Mr. Larsen explained the plans presented for final approval illustrate a reduced total gross floor area and a reduction in on-site parking. The floor area of the supermarket has been reduced by 1,150 square feet to a new floor area of 65,700 square feet. The attached retail building has been reduced in size from 8,550 square feet to 8,000 square feet. Parking is reduced by eight spaces to 554 spaces. The required parking is 561 spaces. Thus, the proposal continues to request a seven space variance as granted with preliminary rezoning. Continuing, Mr. Larsen pointed out another change to the plan is that Hirshfields will remain where it is, and the Edina Liquor Store will be relocated into the building attached to the Cub Food site. Mr. Larsen noted in addition to final utility and grading plans, the proponents have submitted a landscaping plan and schedule and parking lot lighting plan. The final site plan illustrates a revised main entry designed to reduce on-site traffic conflicts. The plan is presently being reviewed by Hennepin County. Mr. Larsen said the proposed landscaping emphasizes new plantings along the east and north. The proponents have presented plans which are consistent with those given preliminary approval and meet the requirements of the Zoning Ordinance. The variances for parking setback and parking quantity are the same as in the preliminary plan. Mr. Larsen concluded staff recommends the Amendment to the Comprehensive Plan, Final Rezoning and Final Plat Approval subject to the following conditions: 1. Dedication of right-of-way for York Avenue improvements. 2. Landscape screening of parking along York Avenue. 3. Landscaping Performance Bond. 4. Extension of the fence in the northeasterly portion of the site easterly to the property line then south for 30 feet, at a fence height of six feet. 5. Modification of path from Xerxes to meet ADA (handicapped access) standards. The proponent, Mr. Robert Shadduck, Jerry's Enterprises was present. Mr. John Johannson was also present representing Jerry's Enterprises. Commissioner Ingwalson informed the Commission he is abstaining from the discussion and vote. Commissioner Faust asked Mr. Larsen where the reduction in the building occurs on the proposed Cub Food store. Mr. Larsen said the reduction in the proposed Cub Food Store is a north/south reduction. 3 Chairman Runyan inquired if the proponent has decided on the type of material that will be used for the proposed fence. Mr. Larsen said the fence is to be a solid fence that maintains privacy for the abutting property owner, and will prevent debris and litter from blowing into the residential lot. It is believed the fence will be constructed of wood. Commissioner Faust questioned if more pine/evergreen trees will be planted along the berm. Mr. Larsen replied the developer has indicated pine/evergreen trees will be planted along the berm. Mr. Larsen noted the plan depicts 39 coniferous trees. Chairman Runyan questioned the length of the berm. Mr. Larsen said the existing berm will extend to the northerly property line. Commissioner Workinger asked if staff believes the setback from the light standard to the last house is adequate in preventing light wash from entering that residential property. Mr. Larsen said staff will be very careful in reviewing the proposed lighting plan, adding the proponent is aware of the concern expressed by the residential neighbor. Chairman Runyan asked Mr. Larsen if the proposed Cub Food operation is a 24 hour operation. Mr. Larsen said the store will operate 24 hours per day. Commissioner Faust said she has a concern with the loading dock area, and pointed out there is the potential for refrigerated trucks to idle while waiting to unload their cargo. This idling can create noise problems for the residential property owners. Mr. Shadduck interjected the loading docks have been moved farther from the residential properties, and angled to reduce noise impact. Commissioner Workinger questioned Mr. Larsen if he believes there could be vehicle cross-over from Key Cadillac into, and out of the site. Mr. Larsen acknowledged there could be some migration. Commissioner Swenson asked Mr. Larsen if he has any ideas on how this migration could be prevented. Mr. Larsen said unless a fence is constructed there is nothing readily available at present to prevent cross-over. Mr. John Johannson, representing the proponents, addressed the Commission pointing out the following changes in the plan: 1)reduction in square footage of Cub store and retail shop, 2)four lot plat, 3)the liquor store and Hirshfields have been flip- flopped. (this change from the original proposal includes an amendment stating if the location of the Edina Liquor store after a five year period of time is found to be unsatisfactory the liquor store will be relocated at no expense to the City). Mr. Johannson noted the Hirshfield lease expires in five years. Continuing, Mr. Johannson • 4 said the fourth change includes the planting of more evergreen trees, and filling in the existing gaps on the berm with additional plantings. Concluding Mr. Johannson, in response to the expressed concern of possible vehicle cross-over from Key Cadillac, said it may be possible to construct a fence along the common property line, or add some form of vehicle barrier that would prevent cross-over. Commissioner Swenson moved to recommend final rezoning, final plat, and amendment to the Comprehensive Plan subject to; 1)dedication of right-of-way for York Avenue improvements, 2)landscaping screening of parking along York Avenue and increase in plantings along the Xerxes Avenue berm, 3)Landscaping Performance Bond, 4)extension of the fence in the northeasterly portion of the site easterly to the property line then south for 30 feet, staff is to work with property owner on height of fence, 5)modification of path from Xerxes Avenue to meet ADA (handicapped access) standards. Commissioner Byron seconded the motion with the addition of approving a four lot plat. Commissioner Swenson accepted this condition. Ayes; Byron, Faust, Swenson, Workinger, Runyan. Nays; 0, Abstain, Commissioner Ingwalson. S-96-4 Preliminary Plat Approval Arrowhead Pointe Arrowhead Partners Mr. Larsen informed the Commission the subject property is a 9.84 acre site developed with a single dwelling with access from McCauley Trail. The proposed subdivision would remove the existing dwelling and construct a new cul de sac to serve 12 single dwelling lots. Mr. Larsen pointed out the property is characterized by relatively steep grades at the existing driveway access from McCauley Trail. Once on top the property is rolling to fairly flat for a width of about 100 feet. Areas abutting the lake on the south and west and adjacent to the parking lot to the east exhibit steep slopes. Mr. Larsen added when a proposed subdivision abuts a lake the Ordinance requires the granting of a 100 foot conservation restriction upland from the ordinary high water line. The preliminary plat illustrates the 100 foot line as well as a 75 foot line. Three lots request a variance from the 100 foot requirement. Mr. Larsen noted the proposed plat illustrates three outlots plus a separate lot for a storm water detention pond. Outlot A would be deeded to the Church to add to an existing parking lot. Outlot B would be deeded to the developer and would become part of Lot 1. Outlot C would be deeded to the adjacent home on Post Lane. Mr. Larsen explained access to the property would be by a new public road connecting to McCauley Trail. No access to Post Lane is anticipated. Significant cut and fill is necessary for the first 400 feet of road to obtain road grades acceptable for a public street. Additional cuts are necessary for the remaining road length to drain the street into the storm water pond along McCauley Trail. Mr. Larsen concluded the subdivision proposes several lots requiring variances from the City size and dimension standards; one lot requires a lot width variance; six lots require lot depth variances; and five lots require lot area variances. In addition the plat requests a reduced conservation restriction for three lots. Mr. Bill Smith representing the proponents, Arrowhead Partners was present to respond to questions. Chairman Runyan commented in reviewing the proposal the building pads depicted on the plat are very large. Mr. Larsen agreed they are large and are roughly 6,000 square feet. Commissioner Swenson asked if this proposal requires a retention pond as indicated. Mr. Larsen responded some adjustments need to be made to the proposed pond but preliminary indications from the Watershed District appear favorable. Continuing, Mr. Larsen explained since 1992 the DNR has mandated on properties exceeding 2'/z acres in size that a retention (nurf) pond be constructed to retain water run off long enough for settlement to occur. Commissioner Swenson questioned the possibility that at times the pond may be dry. Mr. Larsen said that is possible. He added during a dry spell the pond may be empty. Mr. Larsen asked the Commission to recall months ago they considered an 11 lot plat off Blake Road, that proposal also was required to construct a retention pond. Mr. Bob Smith addressed the Commission explaining this site has been studied for a number of months, and access was considered off Post Lane and McCauley Trail, with McCauley Trail being chosen as the more suitable approach, acknowledging the site is presently served from McCauley Trail. Mr. Smith explained the building pads have been designed at maximum, but in reality the larger houses will be constructed laicized, with smaller houses (similar in size to those on Post Lane) constructed on the lots on the rest of the site. Mr. Smith said grading will only occur lot by lot, as construction commences for each lot. Mr. Smith told Commission Members it is very important for the development to maintain as many large trees as possible. Continuing, Mr. Smith said a tree survey was conducted on the site, and it was noticed that some of 6 the large Oak trees have Oak wilt. They need to be removed. Mr. Smith reported on April 25, 1996, Arrowhead Partners held a neighborhood meeting regarding the proposed subdivision. Mr. Smith said in his opinion the meeting was positive. Chairman Runyan asked Mr. Smith if Arrowhead Lake is considered a recreational lake. Mr. Smith said the setback stipulated on Arrowhead Lake is 75 feet. Mr. Smith added there are some waterbodies that must maintain a 200 foot setback from the ordinary high water mark, but Arrowhead is not one of those lakes. Chairman Runyan asked Mr. Smith to explain the road elevation. Mr. Smith explained the road rises from McCauley Trail with grades ranging from 1.3% to 5.7% and leveling off to 1 % at the top. Mr. Smith said the developers propose to match this development with the development on Timber Ridge, and plant an island similar to the island located at the top of Timber Ridge. Mrs. Rena Hurley, 6322 Timber Trail, said she has a concern with the proposed developrne:nt, and how it will relate to her property. She pointed out if a house is situated on the lot abutting her property line adequate spacing is not provided. Mrs. Hurley said any house, especially a large house will tower over her house. Ms. Noah Hurley, 6322 Timber Trail, said in her opinion their property will be negatively impacted, and the value of their home will decrease. Chairman Runyan explained the building pads depicted on the preliminary plat are drawn to the extreme, and may not reflect what will actually be constructed. Chairman Runyan said if approved as submitted a house will be constructed on the adjoining lot, but he does not believe it will be 12,000 square feet as indicated by the building pad. Mr. Oren Haugen, 6612 Indian Hills Road, said in his opinion the proposal contains too many variances that deal with lot area, and relaxation from the conservation easement. Mr. Haugen said in his opinion the number of lots should be reduced. Mr. Haugen said he does not see any hardship to support the granting of variances. He concluded this is a great piece of property that will one day be developed, but this proposal contains too many lot. Reduce the number of lots, and the plat will work. Mr. Bruce Baron, 6317 Post Lane, said he is very affected by the proposal, and supports the development. He said the new pond will help drainage in the area, adding he always expected this site would be developed. Mr. Baron concluded by saying he believes the proposal is not too dense, and will be a benefit to the community. Mr. Bob Naas, 6320 Post Lane, explained to the Commission his family has 7 owned this property for many many years. Mr. Naas said years ago he reviewed a drawing that contained more lots, but with careful planning, and a market analysis determining where the market is, the number of lots were reduced to 11. Mr. Naas said in his opinion this is a good project, and the number of lots work well with the site. Concluding, Mr. Naas pointed out the topography of the site contains steep grades, and lakeshore and if the number of lots in the plat were reduced lot depth variances would still be needed because of the overall depth of the site. Commissioner Ingwalson said in his opinion there are to many lots, adding he doesn't like what he sees. Commissioner Faust pointed out this land is virgin land, and when platting undeveloped land the Commission likes to stay as close as possible to the guidelines. Commissioner Faust said in her opinion this proposal contains way to many variances. She added she can see combining Lots 2, 3 and 4 into two lots, and lots 10 and 11 could be combined as one, and there are other options. Commissioner Faust concluded as submitted the plat is unreasonable, and she cannot support it. Commissioner Byron agreed with comments from fellow Commissioners, commenting that this proposal contains multiple variances, for lot depth, lot area, and relaxation of the conservation restriction. He added some of requested variances are very substantial. Commissioner Byron noted as presented he cannot support the project. Commissioner Byron said in his opinion the number of lots should be reduced, which would reduce the need for lot area variances. He commented he also has a concern with the number of lot depth variances, adding in reviewing the plat, elimination of them maybe difficult to achieve. Commissioner Byron said this plan should be continued for one month to allow the proponent time to consider the feelings expressed this evening by the Commission and impacted neighbors. Commissioner Byron moved to continue S-96-4 to the May 29, 1996 meeting, allowing the proponent time to reconsider the proposal. Commissioner Swenson seconded the motion. Commissioner Swenson added she is unhappy with the request to relax the 100 foot conservation restriction. All voted aye; motion carried. Hearing continued to May 29, 1996. P-96-2 Final Site Plan Approval Centennial Lakes Office Phase I 8 S-96-3 South Edina Development Third Addition. Centennial Lake 8 Limited Partnership, Hedberg Estate, John and Jean Hedberg, South Edina Development and Edina HRA Generally Located: East of France Avenue and north of Minnesota Drive Mr. Larsen said the City Council, on September 5, 1995, approved a revised Master Plan for the undeveloped portions of the Centennial Lakes mixed use development. The revised plan calls for five office buildings containing a floor area of approximately 1, 160,000 square feet. Total site area is about 25 acres and would also include a storm water pond surrounded by public park. Mr. Larsen explained the proponents have submitted plans and are requesting Final Site Plan approval for Phase I of the development. The first phase calls for a six story, 130,000 square foot building located in the southwesterly portion of the site near the intersection of Minnesota Drive and France Avenue. Phase I also includes a restaurant attached to and north of the proposed building. Mr. Larsen pointed out approval of the amended Master Plan was conditioned upon 10 items, some of which apply to Phase I and some which apply to future phases. Mr. Larsen briefed the Commission on the status of those conditions. They are as follows: 1. Edinborough Way curb cut location. Will be addressed in a future phase. 2. Location of West 76th curb cut. Curb cut has been adjusted to eliminate conflicts. 3. Second curb cut on France Avenue. Hennepin County has denied request for 2nd curb cut. 4. The size, shape and capacity of storm water pond. The pond will not be constructed until a future phase. Storm water will be handled by a temporary retention basin in Phase I. 5. Circulation of Tramway. The tram will circulate on the outside of the office complex. 6. Setbacks for proposed parking and location of lots and ramps. The proposed parking complies with Ordinance requirements except for the area near the intersection of Minnesota Drive and France Avenue. Parking lot needs to be adjusted to meet 20 foot setback. 7. Additional Landscaping east of Edinborough Way (on Edinborough property). Developers are scheduling a meeting with condo association to determine planting plan. E 8. Reduction in height of nearest ramp to five stories. Will be addressed in a future phase. 9. Like materials on buildings and ramp facing. Ramp facing will match exterior materials of building. 10. The developer to work with associations. The developers have indicated they will contact Edinborough condo association to present project. Mr. Larsen concluded the proposed plans are consistent with the approved overall master plan. Landscaping is provided per code and will be consistent with the Centennial Lakes theme. Staff recommends Final Site Plat and Final Plat Approval conditioned on: 1. Adjustment of parking lots to comply with required 20 foot setback. 2. Redevelopment contract with HRA to include Developers Agreement covering all public improvements. Mr. Brian Carey was present representing the proponents, United Properties. Commissioner Swenson asked Mr. Larsen if this is approved, could we be compromising future parking. Mr. Larsen said the parking ratio is 4.25 which is above City Ordinance requirements, adding he does not believe future parking would be compromised. Chairman Runyan asked for clarification on what is being approved this evening. Mr. Larsen said only Phase I and the restaurant is being considered this evening. Mr. Larsen pointed out the overall plan has already received Council approval. Commissioner Byron asked Mr. Larsen if the proposal is the same as depicted in the final plans. Mr. Larsen said it is exactly the same a six story, 130,000 square foot office building with a restaurant component. Commissioner Byron asked Mr. Larsen if the developer has looked at condition #8 regarding limiting the ramp near the residential properties to five stories. Mr. Larsen said the proponents are aware they are to reduce the height of the ramps. Mr. Larsen said it is also important to ensure that landscaping along Edinborough Way is completed as soon as possible to afford the proper screening from those ramps. Commissioner Ingwalson asked Mr. Carey if the height of the ramp is reduced, how are they going to incorporate that reduction into the office building/parking ratio. Mr. Carey said that has not been actively discussed, but it is felt that one level of parking will be constructed underground, allowing ramp size and building size to 10 remain as proposed. Commissioner Swenson asked Mr. Carey if the development team has spoken with Edinborough residents, especially in light of the previous meetings on the overall development plan. Mr. Carey explained at this time because the proposed office building and restaurant will be 1,000 feet away from Edinborough residents they were not notified. Commissioner Swenson commented in her opinion it is imperative to meet with them as soon as possible for their input. Commissioner Workinger asked Mr. Carey if he knows the time -frame on when construction will commence on the northeast corner. Mr. Carey said he is unsure of that time -frame. He added approval may be requested in 1 year or in 20 years, depending on the market. Commissioner Workinger said he believes this is a great development, and an asset to the community, but wants assurance from the development team that they act courteously and considerately to the residential community located at Edinborough by informing them of the continuing developments that will occur. Mr. Carey said it is his understanding when the proposal comes before the City Council the meeting between the development team and Edinborough residents will have occurred. Commissioner Workinger moved to recommend final site and final development plan approval subject to staff conditions. Commissioner Byron seconded the motion. Chairman Runyan questioned Mr. Larsen on the proposed pond, inquiring when it will be incorporated into the plan. Mr. Larsen with graphics explained the location of the proposed pond, adding at present the City is not in the position to construct the pond, and believes it will be constructed during the 2nd phase of this development. All voted aye; motion carried to approve the final site and final development plan for Phase I of Centennial Lakes. P-96-1 Final Development Plan Edina Properties 3917-3929 West 50th Street 11 Mr. Larsen told the Commission the subject property is zoned Planned Commercial District, PCD -2, and is developed with a one story concrete block and brick building currently occupied by retail tenants. The property is south of West 50th Street and is west of the Edina Theatre. The existing building occupies approximately one half of the site with paved area occupying the remaining lot area. The City's municipal parking ramp and service tunnel are located south of the subject property. Mr. Larsen pointed out the proposed redevelopment would include demolishing the existing structure and replacing it with a four story building plus a basement. The plan indicates that an anchor tenant would occupy greater than one half of the first floor area and all of the second floor. Two additional retail tenants are indicated on the first floor with the basement occupied by storage and a restaurant. Floors 3 and 4 would be developed for office use. The fourth floor would be setback 20 feet from the north property line or West 50th Street. The proposal widens the walkway alley that is between the subject site and the Edina Theatre. The widening of the walkway allows for retail components to face east creating added exposure and includes such features as a formal entry, a covered walkway along the store fronts and outdoor seating for the restaurant. The north side of the building includes three entrances with the front face of the building aligning with the adjacent building to the west. The building design incorporates windows and architectural detailing on all three exposed wall elevations. The exterior building materials will be brick with precast concrete accents, metal canopies and canvas awnings. Mr. Larsen said a prominent component of the development plan is the plaza area extending along the east side of the building. The plan includes an entry portico with signage that would potentially identify the plaza area and surrounding tenants. The plan also indicates direct access from the parking ramp that would provide a pedestrian connection through the plaza. Currently there are elevation differences between the ramp and the proposed plaza, however, it would appear that any differences could be corrected. The proponents have indicated that the plaza could be handled almost as an extension of the 50th and France streetscape with similar materials used including matching brick pavers. The proponents plan on petitioning the City to allow the installation of a canopy over the plaza area similar to the one located north of West 50th Street near Belleson's. Mr. Larsen explained the 50th and France Commercial Area Plan and the subsequent review conducted in 1978 by the HRA of the expansion potential at 50th and France indicates that the subject site was anticipated to be redeveloped with a two story building and that the expansion would be supported totally by public parking. A floor area ratio (FAR) of 1.5 is the maximum permitted in the PCD -2 district. The first two floors of the proposed building comply with this FAR limitation. However, adding two additional 12 s floors yield a FAR of 2.99 or approximately twice what the Ordinance allows. Mr. Larsen added he was advised by the City Attorney that the requested increase in development intensity amounts to change in use, and as such, should not be considered in the context of a variance. It should be considered as an Ordinance Amendment. In conclusion Mr. Larsen said this proposal poses a basic policy question to the City. Are existing development intensity limitations appropriate for the area or should we move to increase the overall intensity of development? If the proposal is approved, it should be expected that other property owners would ask for similar development potential. A likely result would be parking shortages resulting in pressure to provide additional public parking. There are approximately 900 public parking spaces in the district. Some additional space could be added to existing facilities but the gain would be relatively small. The ramp north of 49 '/2 Street could accept one additional level and the surface lot north of Clancy's could be decked. The southerly and middle ramps can not accommodate additional levels. Staff fully supports a two story redevelopment of this site. Staff however feels the proposed redevelopment is contrary to the spirit of the 50th and France Redevelopment Plan and would set a precedent to change the character of this area. Our reasons are: • The plan sought to retain the "Community Scale" of the area while solving problems of traffic congestion and lack of off-street parking. Parking shortages could recur if other sites redevelop such as Arby's (30,000 square feet in the Plan) and the currently vacant site north of 49'h Street. • Although some additional public parking can be added, the amount is limited and the location may be problematic. The far north ramp is directly adjacent to residential property and needed a height variance for the existing structure. • Acquiring more land to provide additional parking to support more intense development may harm the character of the area. • Staff believes we can not give this type of development right to one property and deny the same right to others. The proponent, Mr. Tres Lund was present to respond to questions. Commissioner Workinger remarked he can understand staffs caution regarding the potential for similar redevelopment in the area, and asked Mr. Larsen to identify other potential redevelopment sites. Mr. Larsen replied most of the redevelopment in the area has already occurred with the exception of the Arby's site, and the vacant lot north of West 49 '% Street. Commissioner Swenson observed when she is in the area she notices at night the lower ramp level is empty, but full during the day, and questioned if staff believes there will be adequate parking if this project moves forward. Commissioner Ingwalson interjected 13 who would pay for more ramping. Mr. Larsen said in his opinion it is very important to maintain adequate parking for the merchants of the area. If staff finds more parking is needed another level can be added to the 49 1/2 Street ramp, and it is also possible to ramp the open area behind Clancy's. Mr. Larsen stated there are opportunities to provide more parking, but it is hoped what exists is adequate. Mr. Larsen concluded the merchants in the area are assessed for parking. Mr. Lund, submitted to Commission Members graphics depicting the proposal, and the relation of the proposed building to the streetscape. Continuing, Mr. Lund said the proposal focuses sharply on the pedestrian linkage, explaining the final outcome of the proposal is to maintain the established high quality pedestrian flavor. Mr. Lund added every effort has also been devised to ensure the proposed building is architecturally compatible. Mr. Lund related to Commission Members while reviewing the proposal he considered its' impact on Lunds, existing tenant space, and the overall district. Mr. Lund added another goal was to assure the public that parking spaces are readily available, and existing parking will not be compromised. Mr. Lund noted he also considered removing the proposed 4th floor which reduces the FAR (floor area ratio), explaining his intent was to have the first two floors retail space, the top two floors office space with the 4th floor housing Lunds, Inc. Mr. Robert Luci, RSP Architects, told the Commission this location on the streetscape is key. He added the proposed walkway will serve pedestrian travel and re- tain the integrity of the 50th and France street scape. Continuing, Mr. Luci reiterated the first two floors will be retail space tailored to meet pedestrian traffic, and the top two floors are office space that will be setback from the first two floors. Mr. Luci added he believes off -setting the third and fourth floors reduces the structures impact from West 50th Street and adds character to the building. Commissioner Swenson commented she needs a visual handle on the height of the proposed building, and questioned Mr. Lund if he knows the height of the movie theatre. Mr. Lund said technically the theatre is 3 1/z stories. The proposed building will be taller. Mr. Larsen informed the Commission if they approve the proposal as submitted an amendment would need to be added to the Zoning Ordinance to allow this density. A discussion ensued regarding the height of the proposed building, the FAR, the precedent setting potential, and the possible policy change regarding the area. The Commission was in agreement that the 50th and France area is a important component within the City, and redevelopment is healthy, if done properly. Commissioner Byron noted he supports redevelopment in the area and questioned 14 y if the Commission approved a three story building, would it be the same height as the neighboring movie theatre. Chairman Runyan interjected, and questioned if the Commission were to approve a three story structure would the third story also be setback as it is depicted in the drawings. Mr. Lund said if the Commission considers approving a three story structure his intent would be to setback the third story from the first two stories as depicted. Mr. Lund added at this time he is unable to say if the proposed building were reduced to three stories what the height would be. He concluded the height would probably be very close to the height of the theatre. Commissioner Byron asked Mr. Larsen at want point is an amendment to the Zoning Ordinance not required. Two or three stories?, and asked how the movie theatre was handled at three stories. Mr. Larsen responded a two story structure would not require a variance, or a change to the Ordinance. A three or four story structure would change the density (FAR) allowed to a large degree, thereby challenging City policy. Mr. Larsen said it is difficult to determine at what point a variance is reasonable to consider, or a policy change is required. Mr. Larsen added in his discussion with the City Attorney an amendment would be required. In response to the question regarding the theatre, Mr. Larsen said a theatre is considered differently. Commissioner Swenson said she can fully support two stories, but would like to be able to support three stories if the third story is setback from the first two, and would require a variance, not an Ordinance amendment. Commissioner Ingwalson and Commissioner Workinger expressed concern with the setting of a precedent, adding they would only feel comfortable in supporting a two story structure. Mr. Mitch Avery, (Dana's) property owner in the vicinity, said in his opinion the proposal will benefit the area, and pointed out parking is occurring on the Edina side of France Avenue from patrons visiting Minneapolis merchants. Mr. Avery said Minneapolis merchants do not provide adequate parking for their patrons. Mr. Avery suggested asking the Minneapolis merchants for some parking relief. Commissioner Workinger said he agrees with that observation, but in his opinion parking is an important issue, and Edina must maintain adequate parking for Edina merchants. Commissioner Faust said she does not have a problem supporting construction of a three story building with the third story setback 20 feet. Commissioner Faust moved to recommend approval of a three story building with the third story setback 20 feet. There was no second to Commissioner Fausts motion. 15 IV Commissioner Swenson moved to recommend approval for a two story building, as suggested by staff. Commissioner Workinger seconded the motion. Commissioner Byron interjected he can support a three story structure, adding he is unsure about requiring a 20 foot setback. Commissioner Byron said he has some unanswered questions regarding the Ordinance, but believes this is a good proposal. Continuing, Commissioner Byron pointed out the developers have a proven track record in the area, reiterating he can support a third floor if a third floor can be achieved through the variance process, and not and amendment to the Ordinance. Commissioner Faust added she agrees with Commissioner Byrons comments. Commissioner Swenson asked Mr. Lund if he would like this issue continued, allowing time to amend the proposal to reflect a three story building, and for staff to examine if a three story structure requires an Amendment or variance.. Mr. Lund said he would like to go before the Council with their recommendation for a two story building. All voted aye. Motion approved for a two story structure. IV. ADJOURNMENT: Commissioner Byron moved adjournment at 11:30 p.m. wo 0, 1 510,14 1, F4, W21k—R&ogernakker 16 1