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HomeMy WebLinkAbout2011-12-14 Planning Commission PacketsAGENDA CITY OF EDINA, MINNESOTA PLANNING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 14, 2011 7:00 PM I. CALL TO ORDER ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the November 9, 2011, Planning Commission Meeting. V. COMMUNITY COMMENT During "Community Comment," the Planning Commission will invite, residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on this morning's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments today. Instead, the Commission might refer the matter to staff for consideration at a future meeting. v VI. PUBLIC HEARINGS During "Public Hearings," the Chair will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the efficient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Chair may modify times as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbpl communication is not allowed. B-11-13 Front Yard Setback Variance Mr. and Mrs. Bogart 6200 Belmore Lane, Edina, MN 0 2011.0013.11a Preliminary Plat Approval Newboy Addition Xcel Energy 7777 Washington Avenue South, Edina, MN VII. REPORTS/RECOMMENDATIONS • Zoning Ordinance Amendment -Drive-through • Zoning Ordinance Amendment— Revisions to Approved Site Plans • Zoning Ordinance Amendment— Utility & Mechanical Equipment VIII. CORRESPONDENCE AND PETITIONS • Council Connection IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT r The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. Next Meeting of the Edina Planning Commission: December 28, 2011 9 0 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker December 14, 2011 B-11-13 Assistant Planner Recommended Action: Approve the variance as requested. Project Description A 128.5 foot front yard setback variance from the 200 foot front yard setback requirement for property located at 6200 Belmore Lane. The proposal is to rebuild a home on the subject property 71.58 feet from the front lot line. The existing home to be torn down is 42.88 feet closer to the front lot line than the proposed home and is located 28.7 feet from the front lot line. INFORMATION/BACKGROUND The subject property, is located on the north side of Belmore Lane and adjacent Interlachen Golf Club, (to the east), see attached Exhibit A.1 — A.3, site location. The Property consists of a one and one half story home with an attached two car garage built in 1917, see Exhibit B.1 132, photo of home and neighbor to the west. The applicant is proposing to tear down the existing home and rebuild a new home on the property, see Exhibit CA -- C. 7, site survey, site plan, floor plan and elevations. The site is a 44,657 square foot lot. The existing home is located 28.7 feet from the front lot line. The new home will be built 71.58 feet from the front lot line. The applicant is seeking a front yard setback variance to allow the new home to be built farther back on the lot than the existing home. The front yard setback is established by averaging the front yard setback of homes on either side of a property or if there is only one home adjacent, then the subject home must match the setback of the adjacent neighbor. In this instance, the only property affecting front yard setback is the home directly east of the subject property that provides a 200 foot front yard setback from Belmore Lane. The new home will be substantially larger than the old home and will conform to all of the zoning ordinance requirements with the exception of the required front yard setback.. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single-family homes. Easterly: Interlachen Golf Club. Southerly: Interlachen Golf Club. Westerly: Single-family homes Existing Site Features The subject property is 44,657 square feet in area. The existing home was built in 1817 and pre -dates the current front yard setback requirement and is closer to the front lot line than currently allowed. The adjacent home located west of the subject property is located 200 feet back from the front lot line adjacent to Belmore Lane. The required front yard setback is set by the adjacent home to the west therefore any new construction on the subject lot should be no closer than 200 feet from the lot line next to Belmore. Planning Guide Plan designation: Zoning: Building Design Single-family detached R-1, Single Dwelling Unit District The proposal is to construct two story home with an attached 6 stall garage. Compliance Table * Variance Required Primary Issues 2 City Standard Proposed Front - 200 feet 71.58 feet* Side- 10+ height 24 feet Rear- 25 feet 56 feet Building Height 2'/2 stories 2 stories, 30 feet to midpoint 40 feet to 30 feet to midpoint, 40 ride feet to the ridge Lot coverage 1 25% 22.6% * Variance Required Primary Issues 2 • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of south front yard setback. 2. The home is appropriate in size and scale for the lot and the improvements will enhance the property and not detract from neighborhood. 3. The improvements will provide a reasonable use of the site and improve on the existing front yard setback by 42.88 feet. 4. The home would provide a deeper front yard setback than the existing home and all other homes on the block with the exception of the adjacent home to the west. • Is the proposed variance justified? Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850.0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 9) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. 3 Staff believes the proposed variance is reasonable. The required front yard setback is determined by the adjacent home to the west, which is located 200 feet from Belmore Lane. The other four homes on the north side of Belmore Lane are located between 31 — 37 feet from the front lot lines adjacent to Belmore. The proposed home will be over 71 feet from the front lot line nearly two times the setback of most of the homes along the block. The average front yard setback including the adjacent property, (at 200 feet back from Belmore), is 68.6 feet, which is a closer setback to Belmore than the proposed home will be. The practical difficulty in conforming with the ordinance is created by the requirement to match the adjacent neighbor's front yard setback instead of the average on the block. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. The unique circumstance is the original nonconforming placement of the home and the construction of the adjacent home 200 feet back from the front lot line that now dictates the front yard setback of the subject lot. 3) Will the variance alter the essential character of the neighborhood? No. The proposed new home will not alter the essential character of the neighborhood. The home will be surrounded by golf course property on 2 sides. Staff Recommendation Recommend that the Planning Commission approve the variance. Approval is based on the following findings: 1) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R-1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as it is consistent with the average front yard setback surrounding properties and will be two 4 and one half times farther back from the front lot line than the existing home currently is. b. The imposed setback severely limits design opportunity. The unique circumstance is the original nonconforming placement of the home. Approval of the variance is subject to the following conditions: 1) Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: Survey date stamped: November 23, 2011. Building plans/ elevations date stamped: Oct. 2, 2011. Deadline for a city decision: January 10, 2011. Jove Reava From: Koop, Michael [Michael.Koop@MNHS.ORG] Sent: Wednesday, September 28, 2011 11:30 AM To: 'Robert Vogel' Cc: Bloomberg, Britta; Skypala, Mandy, 'Joel Young'; kclarke@cLchatfield.mn.us; Joyce Repya Subject: RE: CLG projects Importance: High Bob, As far as I know, we have not received the final products for the Chatfield and Edina projects. Staff were in Faribault late last week attending the annual preservation conference, so If you attempted to hand -deliver anything we were not here. We really need the products now. Michael Koop State Historic Preservation Office Minnesota Historical Society 345 Kellogg Blvd. West St. Paul, MN 55102-1906 Phone: 651.259.3452 FAX: 651.282.2374 www.mnhs.orci/shDo t t t : �4, ' 1 It'if #l J - Sent: Friday, September 02, 201112:47 PM To: Koop, Michael Subject: RE: CLG projects Mike, We've had some disruptions in our scheduling caused by a variety of circumstances beyond our control (tornadoes, hurricanes, the Arab Spring, city hall staff turnover—the list goes on), but all of the deliverables will be in your hands within a week or two. I'll have someone from our office drop the Newport management plans off next week. The reports for Chatfield and Edina are both in the final edit and layout stage, and I don't expect any problems. Our graphics person is still on leave and our summer interns have returned to school, so I'm a bit short-handed at the moment. All of the projects are over -matched in terms of in-kind and donated labor, and the last cancelled checks we needed for Chatfield's financial documentation were delivered earlier today. Robert Vogel Pathfinder CRM From: Koop, Michael [inafto:Michael KQQp@MNHS ORGj Sent: Friday, September 02, 201111:04 AM To: 'Robert Vogel' Subject: CLG projects Bob, Just checking on the status of the Newport, Chatfield and Edina CLG projects. Your last progress report on August 2 for Newport indicated that the final draft management plans were ready for printing. I assume they are done, but we have not received them. The Chatfield final products were delayed by one month, so those should be completed or nearly complete; please update. Are the final products for Edina finished? Thanks. Mike Michael Koop State Historic Preservation Office Minnesota Historical Society 345 Kellogg Blvd. West St. Paul, MN 55102-1906 Phone: 651.259.3452 FAX: 651.282.2374 www.mnhs.oro/shpo Matt & Stacy Bogart 4806 Sunnyside Rd Edina, MN 55424 (952) 221-1811 City of Edina Planning Commission 4801 W 50�h Street Edina, MN 55424 RE: 6200 Belmore Lane Variance Application Dear Planning Commission Members: We are submitting this letter in support of our application for a variance from Section 850.11, Subd. 7(A)(1) of the Edina Zoning Code (Established front Yard Setback) so that we can build a single family home at 6200 Belmore Lane. We proposing to establish a front yard setback at approximately 71 feet from the right-of-way of Belmore Lane. Background The property is an 1 acre site (150' x 300') located at the end of Belmore Lane (see attached aerial photograph) currently owned by Interlachen Country Club. The current single family house on the site was built in 1917 and is setback from Belmore Lane by 28.7 feet. The house has not been occupied for a number of years and Is not habitable in its current condition. The Interlachen Country Club golf course is located to the east of the property and a one acre lot containing a single family home Is located to the west (6204 Belmore Lane). The home at 6204 Belmore Lane is constructed 200 feet from Belmore Lane and faces Spruce Road (see attached aerial photograph). our intention is to remove the existing house and construct a new single family home in the location shown on the survey submitted with variance materials. All other houses on Belmore Lane between the end of the cul de sac and Blake Road are constructed between 35 and 40 feet from the right-of-way. Issue Edina's zoning code provides that a lot's front yard setback in an established neighborhood is determined by the average setback of the house on either side of the lot or if there is a house on only one side of the home, then the front yard setback of the neighboring home. In our case, there is only one house to reference -- 6204 Belmore Lane. The home located at 6204 Belmore Lane is on the corner of Belmore Lane and Spruce Road. The house faces Spruce Road and the driveway is accessed off Spruce Road (see attached photographs). If 6204 Belmore Lane was a "corner lot" within the meaning of the Edina zoning Code then its front yard setback would be calculated off of Spruce Road. Unfortunately, Spruce Road is technically an alley and thus it cannot be used to establish a front yard. This is the case even though there are a number of properties that access their property exclusively from Spruce Road and have no other street frontage. Once we remove the existing house, we will lose the properties existing setback (28.7 feet) and our new setback would be 200 feet. This would render two thirds of the lot unbuildabie and severely limit options to develop the property. Proposed Home Location We would like to construct our new home 71 feet from the Belmore Lane right-of-way. We have selected this location for several reasons. First, we would like to save a mature sycamore tree that is located on the site. We have been told by an arborist from Rainbow Tree Care that the tree is very significant. it is one of only 4 or 5 mature sycamore trees of this quality located in the Twin Cities metro area. It was likely planted just after World War Il and has another 40+ years of remaining life. The arborist has recommended that we keep all improvements between 15 and 20 feet from the base of the tree in order to protect its root system. Second, we would like to center the house on the lot so that is relates to both Belmore Lane and the golf course. This will allow us to build without seeking any variances from side yard or rear setback requirements. It will also allow us to maintain a healthy rear yard so that the neighbors to the west (6204 Belmore Lane) and north (6205 Spruce Road) will not be adversely impacted by our house. Finally, this location will allow us to take advantage of the topography of the site which slopes gradually down from south to north. This will allow us to have windows in the basement for light and emergency egress without pushing the house higher out of the ground. Requirements for a Variance The following requirements are necessary to obtain a variance in Edina: Relieve practical difficulties in complying with the zoning ordinance and the use Is reasonable Changing the existing setback from 28.7 feet to 200 feet on this property would pose practical difficulties on the property by rendering two thirds of the lot unbuildable and pushing the buildable area on the site back to a location where it would have the most Impact on the adjoining neighbors. The setback requirement would severely Impact the value of the property and its ability to be redeveloped. The current house has fallen into a state of disrepair that renders it uninhabitable. Given the age of the house and its current condition it is unlikely that it will ever be occupied again. Thus, the best option is to replace the current house with new construction. The use is reasonable. The property will continue to be used for a single family residence which is entirely consistent with the neighborhood. Except for the variance relating to the front yard setback, the home will be built in compliance with all other city zoning requirements. Correct extraordinary circumstances applicable to this property but not applicable to other property in the viNnW Every other house in the neighborhood except the house located at 6204 Belmore is built 35-40 feet from the Belmore right-of-way. Selecting 6204 Belmore as the house to establish our front yard setback would create a unique circumstance that would be out of character with the neighborhood. Be In harmony with the general purposes and intent of the zoning ordinance The front yard setback requirements are put in place to assure that buildings are not constructed too close to the adjoining roadways. in Edina, the default front yard setback for new subdivisions is 30 feet. The existing home is setback 28.7 feet. The other homes that front on Belmore Lane are setback between 35 and 40 feet. Thus, establishing a more reasonable setback for this property would be consistent with the general purpose and intent of the zoning code. Not alter the essential character of the neighborhood The current neighborhood is dominated by single family homes. We are looking to build a single family home that is consistent in size and scope with the size of the lot and the neighborhood. There has been discussion over the years of placing golf course related improvements or multi -family development on this site. By allowing us to construct a single family home with a reasonable setback, the city will assure that the property remains a single family home for the foreseeable future. Summary We have been Edina residents for more than 10 years. We are committed to raising our three children in Edina. We believe that allowing us to construct a new home on this site utilizing a reasonable setback will be a win for us, for the neighborhood and for the City. Very Truly Yours, 00 Matt & Stacy Bogart Jackie Hoogenakker From: Dietrich, Dave <Dave.Dietrich@bestbuy.com> Sent: Thursday, July 01, 2010 8:12 AM To: Jackie Hoogenakker Subject: Case File: B-10-24 I support the Bennett variance application. Property improvements that enhance the neighborhood and encourage good neighbors to remain are welcomed. David Dietrich 404 John Street Edina, MN. Jackie Hoogenakker From: Joan Wierzba <jwierzba@comcast.net> Sent: Monday, December 05, 20119:41 RM To: Jackie Hoogenakker Subject: 6200 Belmore Edina City Council, We are supportive of Bogart's request to have their new property 71' 7" from the front lot line. Joan Wierzba & Dale Sappenfield 6217 Belmore Lane Edina 952-931-0855 LOCATION MAP News xMmftf- L6Msis Wroet Name Lobsis / cKy =10 Crooks Je! a00 9711 on$ El Laks Nsnwo K trkss Parts 9Qa no 90a ams ❑ P61Csli $+ aW 909 atb its 6201 F axss ax1+ 11,120 E au 6:1e era BBACMLA 612t Ext :+ axax a1n as 111 40 } [ ru Iu 04 itr to 11r � 41t1 111 6116 116 11t 62i6 MIAAWAW 6100 k 891] 6.i8e 6204 JIMI 6116 611 aea t w...e.�.nk.wa emra++s�w:aem� a rvm 11-11-13 Front Yard Setbm* Variance A. PID: 3011721110076: 6200 Belmom La ..t` Edina, MN 55343 LOGISMap Output Page Pagel of 2 Property Assessing 4�a', ///z http://gis.logis.org/LOGIS_ArcIMS/ims?ServiceName=ed_LOGISMap_OVSDE&Client... 10/18/2011 GOGISMap Output Page cw yc{Ci iq,A047 Page 1 of 1 �ti-d y/q 3 Page 1 of 1 file J/ed-nt 1 /citywide/PDSImages/Photos/3011721110076001. jpg O.'I'l)XIII-121 12/6/2011 Page 1 of 1 file://ed-ntl/citywide/PDSImages/Photos/3011721110077001 jpg 6 el- /,,-g, /X, " �, 12/6/2011 H C7 O H ti jss� s Iva w Y III' Jill; HNNMA u ��I�arO����� •° a 3NIV� 1�10M]9 � 111 • nro►� ' 11 1 c•ne &Z �6��3 6Y'�j,el,r�l.9� m City Hall a 48D 1 W. 50th St., Edina, MN $5424 Phone 952-927-8861 • fax 952 -826 -OM * www.CityofEdina.com Dates December 14, 2011 To: Planning Commission From: Cary Teague, Planning Director Res Zoning Ordinance Amendment — Drive Through Facilities Julie Risser on behalf of the Energy and Environment Commission is requesting consideration of the attached Zoning Ordinance Amendment regarding drive-through facilities in the City of Edina. Ms. Risser will be at the Planning Commission meeting to present the Ordinance. In summary, the Ordinance would prohibit drive-through facilities in the PCD -1 District, which is consistent with the Planning Commission recommendation in 2009. (See the minutes in the attached staff report dated September 1, 2009.) Further, the Ordinance would also add conditions to all drive-through facilities in all Zoning Districts as follows: H. Nan-Idllng Si ns. Non -Idling -signs must be posted in view of patrons in all drive - t r gh lents. J, Traffic Impact Study. A traffic impact study assessing the following must be Prepared: 1. Current traffic conditions of areas within 1000 feet of the pfoposed location that investigate average and peak volume, speed, sight lines, and accident information. 2. Average annual traffic growth. 3. Projected impacts of development, including peak and daily traffic increases and needed traffic control measures. City ni Fdinn * A801 Wnxt 501h Strom • Felin MN MAA 4. The need for future pians to mitigate traffic increases and safety threats 5. Any other information the Engineer re vires to determine if the order) and safe movement of traffic is maintained K. Air Quality Standard. Drive-throuahs must be closed if the Air Quality Index exceeds a rating of 101, as determined by the Minnesota Pollution Control Agency. The Planning Commission is asked to consider the proposed Ordinance. Revised 10-30-11 Section 850-1.07 Subd.14 Drive Through Facility Standards History On September 1, 2009 Edina City Council approved an amendment to the City's zoning ordinance that allowed restaurants to sell coffee, non-alcoholic beverages, pastries and donuts via drive-through windows in PCD -1 zoning districts. This action expanded drive- through use significantly as the PCD -1 zoning district only permitted financial Institutions, car washes and pharmacies to use drive-through windows for sales and services. The amendment change was driven by a specific development plan for 4420 Valley View Road, the former Clancy's Drug store site. Proposed by the owners of Prima Restaurant' and Bull Run Coffee, the amendment change was never actually utilized; the proponents failed to occupy the property. The original motivation for the amendment change does not exist. Additionally there are currently no businesses that are actively pursuing this marketing option in any of the City's PCD -1 zones, While all of the PCD -1 zones were influenced by this amendment change, only residents in the PCD -1 zone near Valley View and Wooddale were notified about the expansion of marketing options for drive -though windows. Residents in the other PCD -1 zones were not notified and did not have the opportunity to weigh in on the legislation. There are four other PCD -1 zones at the following sites: the intersection of HWY100 and Eden Avenue; area near Amundson Avenue and Cahill Road; Londonderry and Lincoln Drive, the 44th and France area, and the 541h and France area. Of the 11 cities surveyed by city staff In 2009, six cities (Apple Valley, Lakeville, Richfield, Plymouth, Wayzata, Falcon Heights) did not allow drive-through windows in neighborhood commercial districts. Five cities had deeper setbacks from residential lots then Edina's 20 ft setback, Including Wayzata at 50 ft from the building, St. Louis Pk and Minnetonka at 100 ft, Richfield at 150 feet and Plymouth at 300 ft. Apple Valley, Eden Prairie and Lakeville have a building setback determined by building height. Egan had no set back. Bloomington had no setback but it must be screened and hours limited. For complete 9-1-09 staff report see the following with the survey on p.15 at http,//edina.-granicus.com/MetaViewer.php?view id=3&clip id=790&meta id=192 88 1 At the time of this amendment Prima Restaurant existed in Minneapolis on Lyndale Avenue. The owners of this establishment wanted to open up another restaurant on the Clancy's site. In initial documents and testimony owners called this restaurant "Prima" as well. Later they referenced it as "Prima." 1 Revised 10-30-11 Issues Expanding the products that business establishments can market through drive-through windows encourages drive-through construction, This amendment, while motivated by one particular development proposal applies, a proposal that never came to fruition, Introduces potential for significant change in four other Edina neighborhoods. Encouraging drive-through establishments is problematic for the following reasons: • Increased engine idling which compromises air quality • Greater automobile traffic and congestion • Reduced Incentives for pedestrian and bike traffic • Legislation at odds with GreenStep Cities Proposed Actions In addition to eliminating sales of beverages and food from the ordinance, the EEC proposes the following changes: a. Increasing the setback from residential areas to 300 feet b. Posting of non -Idling signs in the setback zone c. Requiring a traffic study prior to approval d. Requiring drive-through windows to close if the Air Quality index exceed sa rating of 101, as determined by the Minnesota Pollution Control Agency. The Minnesota Pollution Control Agency advocates no engine idling — see link: htto:/Iwww.pca.state.m n.us/index.r)ha/view-document.html?gid=8906 A drive through restaurant changes the dynamic of business node significantly. If a business would like to pursue one it could be part of a studied Planned Use Development or PUD. N 8.3.11 PURPOSE: The Air Quality Working Group of the Edina Energy and Environment Commission makes the following recommendations for amendments to Edina City Code 850 for the purpose of reducing toxic emissions, improving air quality, promoting walking and biking, and decreasing car dependence. The amendments also enable Edina to comply with GreenStep Cities reporting requirements. Proposed Edina City Ordinance Amendments for Section 850 - General Requirements Applicable to all Districts Except as Otherwise Stated. Subdivision 14 Drive -Through Facility Standards. A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served. 1. Financial institutions: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 2 stacking spaces per bay 1=. All other uses: 4 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. 8.3.11 D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service windows and two audio systems and menu boards. F.6. Menu board and audio system shall not be located on a side of a building that faces single-family residential homes or property zoned single-family residential. G. Setback Requirement. Drive-through facilities must be located at least 300 feet from single-family residential homes or property zoned single-family residential. M, Non -Idling Sams. Non -Idling signs must be posted in view of patrons in all drive- through lanes. anes. I. 7)a/fic & Circulation. Drive-through facilities shall be subject to Subdivision 6 of Section 850.08 of the City Code, J. Pa is Impact Stud. A traffic impact study assessing the following must be prepared: 1. Current traffic conditions of areas within 1000 feet of the prposed location that investigate average and peak volume, speed, sight lines, and accident information. N 8.3.11 2. Average annual trafficrg owth. 3. Projected impacts of development, including peak and daily traffic increases and needed traffic control measures. 4. The need for future plans to mitigate traffic increases and safety threats through design so that the level of service prior to development is the minimum standard for past -development traffic. 5. Any other information the Engineer requires to determine if the orderly and safe movement of traffic is maintained K. Air Quality Standard. Drive-throughs must be closed if the Air Quality Index exceeds a rating of 101. as determined by the Minnesota Pollution Control Agency. 850.16 Planned Commercial District (PCD). Subd 2 Principal Uses in PCD -1. Restaurants, but excluding "drive ins" and drive through facilities? otheF than as allewe in Seetieft , Subd. 7 Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to financial institutions. restwamt may , Subd.. Produce stands pursuant to a permit issued by the Manager 3 k�ai�ges. ORDINANCE NO. 2009— AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF DRIVE-THROUGH FACILITIES The City Of Edina Ordains: Section 1. Sub Section 850.07, Subdivision 14 is hereby amended as follows: Subd. 14 Drive -Through Facility Standards. A. Number of stacking spaces in addition to the vehicle(s) being served: 1. Financial institution: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 3 stacking spaces per bay 4. 1 3#ltr3tii izi r'c'{ ( I1§"tai 4. ICf � 4Ete_ inti r;l(;t'.` 4-k, All other uses: 3 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. in the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. 3— RN' 'jur.ml in rel: 's'(,A) i of Aho,t ctttst doflut Iroltl the dfIvo- 1.1itot111, wilt!OW .:� f�l�lllt i>4�l��ttl �Itf�il ttfl� 1,#E t�.SP.<3ti-it �'zl# zl �}tiSz;: (.i „t Ix;ttldiilft tlt.s faill l re >ilt �,ttr l ft �tt t. 3 _ � , t`lt)i IS tlt Of thu drivo-tho" fid .till b) ti t.lt.t _ NAll till tul it lot S1,%,e 511 11 1ju 1 _ � a t t i�ltlaest "Ind �ticrll 6 NO IN11t {it Iiia: pt"Ibllt ;>tl t t (it, t ould 'o',ttd lit g' t_(; stcaa,inq of itutrat`r obiles- Section 2. Sub Section 850.16. Subd. 2 is hereby amended as follows: Restaurants, I'M" and drive-thFough farallities.. Section 3. Sub Section 850.16. Subd. 7 is hereby amended as follows: Subd. 7. Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to i) financial institutions, ^^A HN f^^A as defiRed in SeGfien 7-24 ef-4he Gity Gede.,-, J'! i4 F, Produce stands pursuant to a permit issued by the Manager Section 4. Effective Date. This ordinance shall be in full force and In effect after its adoption. First Reading: Second Reading: Published, ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publishing In the Edina Sun Current on Send two affidavits of publication Bill to Edina City Clerk 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 Ordinance was duly adopted by the Edina City Council at its Regular'Meetlng of _, 2009, and as recorded in the Minutes of said Regular Meeting WITNESS my hand and seal of said City this _ day of 2009 City Clerk r,A d MINUTE SUMMARY Regular Meeting of the Edina Planning Commission Wednesday, July 29, 2009, 7:00 PM Edina City Hall Council Chambers 4801 West 50"' Street MEMBERS PRESENT: Chair Mike Fischer, Jeff Carpenter, Julie Risser, Kevin Staunton, Michael Schroeder, Steve Brown, Floyd Grabiel and Arlene Forrest MEMBERS ABSENT: Nancy Scherer STAFF PRESENT: Cary Teague and Jackie Hoogenakker' 1. APPROVAL OF THE MINUTES: The minutes of the July 1, 2009, meeting were filed with a correction from Commissioner Forrest. II. NEW BUSINESS: 009,P4004.09c Amen Richa 44201 Planner Presentation to Zoning Ordinance 850 Vanninger LLC flew Road Planner Teague informed the Commission Richards & Wanninger, LLC have made a request to amend the City's Zoning Ordinance to allow restaurants to have a drive-through window in the PCD -1 Zoning District. The purpose of the request is to allow Bull Run Coffee to utilize the existing drive-through window at the Clancy's site at 4420 Valley View Road. They would offer coffee and pastry sales through the window. Prima Restaurant would be sharing the building with Planning Commission Minute Summary July 29, 2009 Page 2 of 9 the coffee establishment, but Bull Run Coffee would operate the drive-through window. Currently the PCD -1 district allows drive-through facilities, except those that are accessory to financial institutions and food establishments. A coffee shop is considered a food establishment. Clancy's Drug Store has a drive-through window on the east side of their building. With graphics Planner Teague pointed out the present PCD -1 District in the City; 44th and 54th and France areas; Londonderry Road and 169; and the 70th and Cahill area. Planner Teague concluded that staff would recommend approval of the ordinance amendment with added restrictions and that the Commission has three options this evening — Approval with or without specific: conditions; denial or if more time is needed table the issue until the next meeting of the Commission. Commission Comments and Questions Commissioner Carpenter asked Planner Teague If he knows the reason drive- through windows were prohibited for" certain uses. Planner Teague responded that he wasn't sure; however he was told that during this time the Council didn't want to see fast food restaurants crop up in the: PCD -1 zoning districts. Continuing, Planner Teague also noted at that time there was no concept of a drive-through window for coffee service. John Wdnninger, Richards & Wanninger, Jennifer King, Prima Restaurants and Greg Hoyt, Bull Run Roasting,Co. Applicant rresentatlon M,r. WOntninger addressed the Commission and explained he along with his partner, pu`rshased this propertynine years ago and over the past nine years have considered a numb Br "different redevelopment options. Mr. Wanninger acknowledged they hayhid tenant issues and at this time Clancy's will be relocating their pharmacybusiness to Lunds. Continuing, Mr. Wanninger said in his opinion this is a vital comer, adding he believes the proposed building renovation to accommodate an Italian Bistro and Coffee House will be a wonderful addition to the corner and neighborhood. Mr. Wanninger introduced Jennifer King, Prima Foods and Greg Hoyt, Bull Run Coffee. Ms. King addressed the Commission and told them her and her husband Elliott own and operate two Prima Restaurants, adding they love the Valley View Rd and Wooddale location, it's a great neighborhood. Ms. King said their goal Is to Planning Commission Minute Summary July 29, 2009 Page 3 of 9 bring a small neighborhood restaurant to this area. Continuing, Ms. King said she operates a "from scratch" kitchen. Concluding, Ms. King reiterated their desire to bring a neighborhood restaurant to this area, adding they are "neighborhood people". Greg Hoyt told the Commission he is an Edina resident and small business owner and is very excited about this opportunity. Mr. Hoyt explained that his coffee is available in a number of restaurants and is brewed to order, adding he believes his concept is very unique. Comments and Questions from the Commission Commissioner Grabiel asked Mr. Wanninger if any changes would be made to the building. Mr. Wanninger responded that the building will be remodeled, adding there will be no change to the buildings footprint: Mr. Wanninger said they intend to cut in large windows and add window boxes. The property will also be re -landscaped. Commissioner Grabiel asked Mr. Wanninger why he feels a drive-through window is necessary at this location. r 4 Wanninger responded that a drive- through window for the coffee element 6f -the restaurant is very desirable. Ms. King added that the window is essential from`a revenue standpoint. Commissioner Brown noted that it was mentioned previously that coffee will be brewed to an individual's choice and asked how, longthis "specialty" service would take. Mr. Hoyt resp onded that it takes roughly 40 seconds to brew the coffee. Commissioner Risser asked Mr. Hoyt if he knows how long it would take to brew their`most complex coffee dlilhk. Mr. Hoyt responded that he wasn't sure; however, tido coffee selections on the outdoor menu board would be limited. Corrimissioner Carpenter questioned if a study was conducted on the number of "competing" coffee shops in the area. Mr. Hoyt responded a study was done and 4t was found that within a 5 mile radius there are roughly 30 coffee shops. Mr. Hoyt reiterated that he beiiey _ s the service he provides is unique; adding he also believes that'offee shops With "a drive-through element will be the shops that will thrive. Commissioner Brown asked Mr. Wanninger the square footage of the building. Mr. Wanninger responded that he believes the building is 14,000 + square feet. Commissioner Brown asked Mr. Teague if parking Is adequate for the present and proposed uses of the building. Planner Teague responded that parking was an initial concern; however, staff "ran the numbers" and believe parking will be adequate. Commissioner Schroeder questioned if the Commission even has the ability to discuss/shape the site plan, noting that it appears seven of the parking spaces Planning Commission Minute Summary July 29, 2009 Page 4 of 9 are on City right-of-way, adding the request before the Commission is for an amendment to the ordinance, not site plan review. Planner Teague responded that the parking spaces in the right-of-way are an existing condition and the change in the use of the drive-through triggers the ordinance amendment. Continuing, Commissioner Schroeder asked for clarification on the City's notification process, adding he thinks in this instance that proper notification is important. Planner Teague responded that this evening the Commission is holding a public meeting, not hearing. The City Council holds the public hearing on ordinance amendments. Continuing, Planner Teague agreed' with Commissioner Schroeder that it may be a good idea for staff to notify neighbors, but as it stands the City is only required to post a noticeln the local, paper. Concluding, Planner Teague said he would check and see if this request would warrant a mailed notice. Chair Fischer asked Planner Teague if he ever'recelved requests for a drive- through window in the City's other PCD -1 Districts. Planner Teague said to date he hasn't received any. Commissioner Brown commented thr accomplished on the Comp Pian and him that the Commission is again re' evening isn't even a plan. Continuing Comp Plan re -write this area along w1 as key areas for further study` end sm his opinion it is premature to AMOnd tl sweeping. Commissioner Brown stat limitations with this site and reiterated amendment,Nprennature. ConciUdinj the res#a��i-a"N'Offea house is a good and is M,4'orcompiieato Lfrom the work the Commission 2n ordinlh'ce revisions that it appears to ,ting, pointing outwhat"s`before them this Commissioner gown stated during the ,h theYd""and Cahill area were identified ill area plans,* Commissioner Brown said in ie ordinance — the impact would be ed in his opinion there are some real acting on the requested ordinance I, Commissioner Brown said he believes Idea, but this request goes beyond this site Commissioner Risser stated she, is worried about vehicle emissions from �vehieles idling in the drive ti rat gh lane and asked Mr. Wanninger where the intakesystara is located. C�olnIUing, Commissioner Risser said she realizes the City doesn't have a policy doirquality; however, this site is located across from a day care center, adding A6would feel more comfortable if this was looked at from an environrfer4falito, ndpoint. Mr. Wanninger responded that he believes the intake vents are,located on the roof. Chair Fischer opined with Clancy's leaving the building and the property owner proposing a restaurant/ coffee house to fill the vacancy if the Council were to amend the ordinance it's possible that unforeseeable issues could arise in the future. Chair Fischer asked Planner Teague if this request could be handled another way — possibly through the variance process. Planner Teague responded that variances are not granted for a "use", adding the request to Planning Commission Minute summary July 29, 2009 Page S of 9 amend the ordinance is because the "use" of the drive-through is changed from pharmacy to restaurant. Commissioner Schroeder suggested that another option would be to handle this through a Conditional Use Permit. Planner Teague agreed that would be an option, adding the ordinance could be amended to allow a drive-through as a conditional use with the ability to apply specific conditions to the CUP. Commissioner Forrest said she has a concern about early morning rush hour, pointing out this is a busy corner where there could be conflicts. Commissioner Forrest questioned if stacking could become an Issue while people wait for their coffee. Commissioner Forrest commented that In her opinion this request may have been put together too quickly. Commissioner Grablel commented that he has bbserved first hand what happens at Gus Young Lane where people wait In the drive-through aisle over 15 minutes to get their coffee. Commissioner Grabiel said he doesn't believe drive-through windows should be encouraged, especially at this time. Commissioner Staunton stated he's concerned -*I h the process, pointing out there is a big picture perspective to consider, adding he believes this area needs a small area plan. Commissloner Staunton sold he also has a concern with the lack of notification, adding he believes nearby repidents should be able to weigh In on this ordinance change. Chair Fischer agrees thete is doriflict with this request. He added if the Commission were to list what would work well here it would probably be this. He pointed oft f he vision of the Co Cn * ". ' ion for these small area nodes was pedestri06, first. Corrimis loner Carpenter,sa ojhat he believes the drive-through is necessary for Bull Run', adding a communlfyt;besed coffee house may not be a viable option. Cornmissloner Carpenter concluded that he struggles with amending the ordlnance,, adding he would hsmfortable with this as a conditional use. Planner Teague suggested if the Commission would like he could craft language that would shift# thls til th' coriditionally permitted section of the ordinance. Commissioner Brown said he would like to re -state that he believes amending the ordinance Is premature, adding In this instance he has site concerns and believes there are too many unclear Issues. Concluding, Commissioner Brown stated without a site plan this is only half of the picture. Commissioner Staunton noted if it wasn't for the existing drive-through window and the potential for its use to serve coffee the Commission wouldn't even be discussing this, pointing out the restaurant/coffee house is a permitted use In the Planning Commission Minute Summary July 29, 2009 Page 6 of 9 PCD -1 district. Commissioner Staunton stated that at least to him amending the ordinance is too big of a step to take without public input. Commission Action Commissioner Staunton moved to deny the requested amendment to ordinance 850. Commissioner Brown seconded the motion. Commissioner Staunton clarified his motion — Commissioner Staunton moved to recommend that the ordinance not be amendod to allow a drive-through window to service a restaurant/coffee shop In the PCD -1 Zoning District. Commissioner Brown seconded the motion. Ayes! Al4ser, Staunton, Schroeder, Brown, Grabiel, Forrest and P1sch-or. Nay; Carpenter Commissioner Schroeder moved to recommend that the ordinance be reviewed and amended to allow a drive-through window as a Conditional Use In the PCD -1 Zoning District. A discussion ensued with Commissioners expressing hesitancy in drafting language for this purpose. In was pointed out that at the present time the Commission is in the process of re-wfiting portions of 850 and it's probable during the revision process that this issue would be discussed, and amending the ordinance at this time would be piece -meal. A number of Commissioners indicated they wouldn't be able to support additional drive-through options in the PCD -1 District - regardless. Commissioner Schroeder withdrew his motion. Chair Fischet thanked.the applicant for his time and stated he believes the Commiss ion agrees that the restaurant/coffee house are a good fit for the neighborhood; however,; allowing the five -through window would have ramifications for the City's other PCD -1 zoning districts. 2009.0004.09a Amendment to Zoning Ordinance 850 regarding accessory buildings larger than 1,000 square feet on property with conditionally permitted uses. Planner Presentation Planner Teague informed the Commission the City Council recently amended the Zoning Ordinance to limit accessory buildings on property with single-family homes to no more than 1,000 square feet, and did not limit accessory buildings over 1,000 square feet on properties with a conditionally permitted use, such as a PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague July 29, 2009 2009.0004.09b Director of Planning Brief Description Richards & Wanninger, LLC have made a request to amend the City's Zoning Ordinance to allow restaurants to have a drive-through window in the PCD -1 Zoning District. (See request on pages Al—A3.) The purpose of the request is to allow Bull Run Coffee to utilize the existing drive-through window at the Clancy's site at 4420 Valley View Road. They would offer coffee and pastry sales through the window. Prima Restaurant would be sharing the building with the coffee establishment, but Bull Run Coffee would operate the drive-through window. Information & Background Currently the PCD -1 district allows drive-through facilities, except those that are accessory to financial Institutions and food establishments. A coffee shop is considered a food establishment. Clancy's Drug Store has a drive-through window on the east side of their building. (See page A3.) The City's current drive-through facility standards are as follows: A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served. 1. Financial institutions: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 2 stacking spaces per bay 4. All other uses: 4 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. The Clancy's window meets this criterion, as it would fit the "All other use" category. A coffee shop would also fit into the "All other use" category, as the Code is currently written. However, food establishments are not allowed a drive- through window in the PCD -1 District, as demonstrated by the following Ordinance provision: Subd. 7. Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive-through facilities, except those accessory to i) financial Institutions, and ii) food establishments as defined In Section 721 of the City Code Produce stands pursuant to a permit issued by the Manager Issues Distinguishing between coffee shop and fast food restaurant. The City attorney has advised not to make a distinction between the two, as is it extremely difficult when food and coffee is served at both. Often times drive-through windows for fast food establishments are open late into the evening and even past midnight. This would not be appropriate for the neighborhood commercial zoning district, 2 as often times they are surrounded by single-family homes. The subject Clancy's site is adjacent to single-family homes. Therefore, the conditions on which a restaurant may have a drive-through must be specific enough to make it difficult for a fast food restaurant to have a drive-through window in this zoning district. Hours of operation. Because most of the City's PCD -1 Districts are adjacent to single-family homes, hours of operation should be regulated. The 70t�' and Cahill PCD -1 sites are not adjacent to single-family homes. A restaurant primarily serving coffee through a drive-through window would not be open into the evening. Their peak times would be in the morning. Therefore, staff is recommending limiting the hours from 6:00 am to 6:00 pm. This would be acceptable for the applicant, whose primary business is in the morning. The 6:00 pm restriction would discourage a fast foot restaurant. Items to be sold. To further prevent fast foot or restaurants service food items from the window, the items to be sold associated with a coffee shop could also be regulated. Staff is suggesting coffee, non alcoholic beverages, pastries and donuts only. Stacking. The current standards for drive-through windows were not written with coffee shops in mind. As an example, the Starbucks located at 5121 Gus Young Lane, often times has cars stacking out into the street. However, they do meet the above standards. In planning a code amendment to allow a drive-through for a coffee shop, additional stacking spaces should be required, and a prohibition on stacking into the street included. The subject Clancy's site would have adequate stacking space for 10+ cars around the building, including a car at the window. (See page A3.) Menu board. Again, given that the location of these uses would be within neighborhood commercial areas, the menu boards should be located away from residential areas. Noise from the menu board should also be restricted. Other PCD -1 Sites. Consideration should be given to the appropriateness of other PCD -1 sites, which include the 44th and 54th and France areas; Londonderry Road and 169; and 70th and Cahill. (See zoning map and aerial maps of these areas on pages A7 A19.) Lot size requirement. Some cities require a minimum lot size for drive-through facilities to ensure adequate site size for setbacks, buffer, stacking space etc. If a minimum of one acre (43,560 s.f.) was required, there would only be five sites that could be developed with a drive-through window: The subject site; the site at 4510 Valley View Road (across the street from the subject site; the site at 5816 Londonderry Road; and two sites at 70th and Cahill. (See pages A9, Al2, and A19.) It would seem appropriate to only allow drive-through windows for restaurants on larger properties in the PCD -1 district, as it would ensure adequate stacking space, further distance from single-family homes, area for landscaping etc. Survey of Cities To provide some background, staff conducted a survey of cities to compare regulations on drive-through windows: City Setback from Are drive-through Stacking Hour Distinction between Residential windowsnalfowed in Required Restrictions fast food and coffee Neighborhood shop Commercial Districts Edina 20 feet Yes, except for banks & 4 spaces No No food establishments Apple Valley Building No 5 spaces Through a Yes setback CUP Eden Prairie Building Yes Study required No No setback Lakeville Building No 160 feet (10 Through a No setback aces) CUP Minnetonka 100 feet Yes bank only 6 spaces No No Richtiled 150 feet No 4 s aces No No Plymouth 300 feet No 5 cars -pharmacy 7 am -10 pm Yes 10 cars all other St. Louis Park 100 feet Yes 6 spaces Through a Only for parking CUP Wayzata 50 feet for the No 160 feet (10 cars) No No buildin Falcon Heights No 6 spaces Through a No CUP Eagan N/A Yes 5 spaces Through a No CUP Bloomington No- butmust Yes 6 spaces 6 am —10 No be screened 8, pm if within hours limited 300 feet of residential Staff Recommendation/Proposed Ordinance Attached is the proposed Ordinance amendment drafted by staff. Staff has added restrictions to address the above issues. Staff would recommend approval of the ordinance amendment with these added restrictions. InW July 17, 2009 Mr. Cary Teague City of Edina Planning Department 4801 West Fiftieth Street Edina, MN 55424 Re: Zoning Ordinance Amendment Application for 4420 Valley View Road To the Planning Commission and City Council: This property has been the home of Clancy's Drugstore. We have been the owners for about 8 years. Our intention had been to redevelop the corner, but that is not possible due to obstacles relating to site assembly, the economy and zoning/ entitlement issues. After careful consideration of our options, we have decided to pursue a remodel of the building to bring a neighborhood bistro and coffee shop to the property. Clancy's installed a drive-thru window for their pharmacy customers. This window has been in use for at least a decade, and is a popular and convenient service for the neighborhood. We are not aware of any problems related to the drive-thru window. There is plenty of space for stacking of cars and the ingress/ egress to the property is excellent. We've had many requests over the years to have a coffee shop on the site. We now have the opportunity to do so, but the current PCD -1 zoning ordinance prohibits the sale of any type of food or drink through'a drive-thru window, so we are applying for a zoning ordinance amendment. It is our understanding that the goal of the current ordinance was to discourage fast food restaurants such as Wendy's or Burger King from locating in neighborhood retail locations. Our intended use does not include fast food, and in fact encourages customers to sit in the restaurant. Prima Restaurant and Bull Run Coffee intend to occupy the former Clancy's space. There are currently two Prima Restaurants in the Twin Cities. One is located at 54th and Lyndale. The other is located at Highway 7 and 101 in Minnetonka. The restaurant will have approximately 55 seats. There will be outdoor dining in the summer. Elliott and Jennifer King own Prima Restaurant. Bull Run Coffee is owned Greg Hoyt. Bull Run Coffee is found in many of the best restaurants in the Twin Cities. It is the intention of Prima and Bull Run to sell coffee and pastries through the drive-thru window. If a customer desired to take a meal home, they would need to call ahead and would have to come into the store to pick up the food. We respectfully request that the zoning ordinance be amended to allow Prima and Bull Run to sell their goods through the existing drive-thru window. As this is not a fast food restaurant, this drive-thru will operate similar to the Starbucks near 50th and Highway 100. fi F This is a unique situation, and we are not aware of any other existing drive-thru windows in similar situations. Perhaps this amendment could apply only to existing drive-thru windows. There could also be stipulations related the percentage of food and drink sold through the drive-thru versus sold inside for sit down dining, much as establishments with liquor licenses must sell a percentage of food relative to drink. We would be amenable to such stipulations. Without the amendment, the operators of Prima and Bull Run are not willing to make the investment into this location. While it is not their intention to sell meals through the window, the sale of coffee is a significant part of their business plan for this corner. Our informal polling of the neighborhood reveals a very strong desire for this proposed use. W ope you will agree. Regards, John Wannger Richards & Wanninger, LLC 4420 Valley View Road Edina, MN 55424 952-240-7600 jwanninger@gmaii.com e , kliio 4 y I ILA r w� ti) kvt Kj 440 r R 4 a. r SITE DATA► BUILDING FOOTPRINT 8,968 S.F. PARKING PROPOSED 65 STALLS PARKING RATIO 7.3/1000 DRIVE THROUGH STACKING PROVIDED 12 VEHICLES PLUS ONE AT THE PICK UP WINDOW SITE PLAN DELINEATES PARKING AND DRIVEWAY AREAS PROPOSED TO BE PAINTED ON EXISTING BITUMINOUS LOT SITE PLAN PREPARED BY RLK ON BOUNDARY SURVEY FROM EFN. 4. A $a I P -T -K Richards and Wannin er, LLC b;5� Preliminary Site Plan - Edina, MN 7/28/09 ORDINANCE NO. 2009—_ AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF DRIVE-THROUGH FACILITIES The City Of Edina Ordains: Section 1. Sub Section 850.07, Subdivision 14 is hereby amended as follows: Subd. 14 Drive -Through Facility Standards. A. Number of stacking spaces in addition to the vehicle(s) being served: 1. Financial institution: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 3 stacking spaces per bay 4. 1 I#<41i.xEC Itl Ft.l i. it' Itt 4 1st ! ititl .1) ics : Ott tr<rt> 4..; All other uses: 3 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section -for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. lv l',. `t itll<at't is€ tl o 1`F,l t l li;<altli t l luuft i of tzt.)< I itEt li t2C tl .;: flit ?: llsf . tlrlli :t`itit t i':;' :;ll, ll be 10'i 111tot G00I IW 4, JAllitltut7r lot shall b� i l t'' uls (,,I' nost, ,l1.,ll lit: Iii* s ttlt_d it I Irl ¥.ity it l€ i I it F1: V -d l x Statc= lul stacking ,4 mito t,biles, Section 2. Sub Section 850.16. Subd. 2 is hereby amended as follows: Restaurants, . Section 3. Sub Section 850.16. Subd. 7 is hereby amended as follows: Subd. 7. Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to i) financial institutions, and 'I) food establishments as defined in Seetien:721 of the City Gede. 1li II1q . Produce stands pursuant to a permit issued by the Manager Section 4. Effective Date. This ordinance shall be in full force and in effect after its adoption. First Reading: Second Reading: Published: ATTEST: Debra A, Mangen, City Clerk James B. Hovland, Mayor Please publishing in the Edina Sun Current on Send two affidavits of publication Bill to Edina City Clerk 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 Ordinance was duly adapted by the Edina City Council at its Regular Meeting of , 2009, and as recorded in the Minutes of said Regular Meeting WITNESS my hand and seal of said City this day of , 2009 City of Edina ,~ _. .,._.......,,... si7S bit sols 0011 Legend Wuw Ntttttbhst Labels Nlf i fall Ntf f07! Nl! 60Js 1 sm Swat xa tr Labtis t ' `- son 0l7r "If sill WI iiil I?N, Costs ® Lake Mg s Nit I �— e< � an NJs ...(111 1.41,1.41,96at �. MIf �� sOtt °. 1... I • NJr oaf MM > � Pad's _._,_ 3 • `- ear so. saf 0011 "is zoo" �. 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Edina, MN 55410 t City of Edina suet cutLspot Nati Wmhw WON > a y Nat.j Prot ( rr � uw sra p. a:iN1, y Art ✓\ ] "" ut1 S"Ol Mara uWla d0' lGnMr. > b uwa lttttrot £ tJ $10 iyf lads nAAlie �ueNtrioAo srAta y�► MO4�1� Au � `. At11nm Armj Alt A�01 i i� r to s Ws ' frN AM f t „. 24— ,1• Lowadvw" yf N 2t 6'.. N j,_ swt 4 Weragrrt+M�{.tw' tGWYepea>! LAMOVIeM fla } pIp:1902$24110001 5400 France Ave S Edina, MN 55410 ap Jackie Hoogenakker From: Sheila Shane [sheiladshane@hotmail.comj Sent: Saturday, August 22, 2009 3:35 PM To: Jackie Hoogenakker prshane@hotmall.com Subject: amendment to zoning We are writing to give our support for Prima Restaurant & Hull Run Coffee to operate a drive-thru window at 4420 Valley view Rd. Sheila & Patrick Shane 6016 Fairfax Ave, Edina Sent from my Verizon wireless BlackBerry Jackie Hoogenakker From: Jesse Moan gesselmoen@yahoo.com) Sent: Saturday, August 22, 2009 11:29 AM To: Jackie Hoogenakker Subject: Request for Amendment to zoning Ordinance 850 at 4420 Valley View Rd To whomever it may concern, We received a request in the mail today (described in the subject line of this email) and wanted to participate by expressing our views via email. We strongLy Si pport the request to change this amendment. Please feel free to contact us for any additional information or questions. Thank you, Jesse L Moen and Sarah E Moen 4430 Garrison Lane Edina, MN 55424 Jackie Hoogenakker From: Jim Schedin [schedvi@hotmall.comj Sent: Tuesday, August 25, 2009 3:04 PM To: Jackie Hoogenakker Subject: Request for Amendement to Zoning Ordinance 850 Hello: I am writing to you today to express my opinion about the proposed amendment to Ordinance 850. I had the opportunity to exchange emails with Mr. Wanninger when Clancy's opted not to renew their lease. Mr. Wanninger was very thourough in his explanation as to what happened, and what his hopes were for the future of the property. I live at 6041 Wooddale Ave and am a 43 -year resident of this neighborhood, and the one thing that has remained a constant is that the neighborhood has always had great little shops that help give the it a unique identity. I was very sad to see Clancy's go. With the being said, I am In favor of a small Italian restaurant/coffee shop taking its place, because It will replace some of the charm and character that was lost when Clancy's left. I am not, however, in favor of a drive-through. A line of cars snaking around the building at all hours would make the property look aethsthetically unpleasing. it would not be fair to subject the adjacent property owners to the noise, litter, exhaust smells, headlight glare, line of vehicles, possible drive-thru loudspeakers and other elements. Bottom line: Restaurant/Coffee Shop YES, Drive thru: NO Sincerely, Jim Schedin 6041 Wooddale Ave Get back to school stuff for them and cashback for you. Try 81n ow. Jackie Hoogenakker From: Emily Bildsten (ehbildsten@hotmail.com) Sent: Tuesday, August 25, 2009 8:32 PM To: Jackie Hoogenakker Subject: 4420 Valley View Road I just wanted to show my support for the proposed Prima Restaurant and Bull Run Coffee shop at 4420 Valley View Road. I live at 6128 Oaklawn Ave and we have been wanting some nice establishments to come to our area. We cannot be happier with the idea of a coffee shop and a great little restaurant that we can walk to and have dinner. I also support the idea of the drive-through window for Buil Run Coffee. We also love the Idea of a nice outside eating area. Our area of Edina needs some new businesses to bring young families to the area. The Valley View and Wooddale area needs to be cleaned up and hopefully by having these two new businesses it will help with the curb appeal to at corner. Thank you, Emily Cramer 6128 Oakiawn Ave Get back to school stuff for them and cashback for you. Ttyn T naves o m c rpt Ann Jackie Hoogenakker From: Jon Cramer fjon@jluiken.com] Sent: Tuesday, August 25, 2009 8:38 PM To: Jackie Hoogenakker Subject: Prima and Bull Run Coffee Proposal Just wanted to show my support for the Prima and Bull Run Coffee Proposal on 4420 Valley View Road. 1 live at 6128 Oaklawn Ave and have been wanting to see some fun new businesses come to our little neighborhood. That is a great spot for a coffee shop and restaurant. I think this will be great for the Edina economyl Thanks, Jon Cramer 6128 Oaklawn ave Edina, MN 55424 Information from ESET NOD32 Antivirus, version of virus signature database 4367 (20090825) The message was checked by ESET NOD32 Antivirus. Ii th /�://www.eset.com Jackie Hoogenakker From: Abby Harrell [abbyharrell@comcast.net] Sent: Wednesday, August 26, 2009 12:23 PM To: Jackie Hoogenakker Subject: Public Hearing notice for 4420 Valley View I am a resident at 6109 Kellogg Ave and a local Realtor. My family is In complete support of the proposal for Prima restaurant and Bull run coffee. I think it will add to the neighborhood to have a local restaurant where friends can gather for coffee, lunch, or dinner. I think it adds value to neighborhood and want to express my full support of the project. My only concerns to be addressed are to be sure that the property is kept in good repair, garbage is disposed of in a discreet way and the traffic is addressed so that there are not long lines on Valley View for the drive thru. Also, in regard to Kellogg Ave, I would like to be sure that the 1 hour parking to be left on our block. Thanks, Abby and Kendall Harrell 6109 Kellogg Ave Edina, Mn 55424 August 27, 2009 To: Edina City Council From: Energy and Environment Commission (EEC) RE: Proposed Amendment to Ordinance 850 2009.0004.09c, regarding drive-through facilities. The proposed amendment to Ordinance 850 2009.0004.09c will increase the number of establishments allowed to do business using drive-through windows. This ordinance amendment reverses efforts by the City to promote walking and biking and decrease car dependence. In drafting the Air Quality section of the 2008 Comprehensive Plan Environmental Chapter, the EEC recommended greater education of motorists, signage at problematic sites, a city ordinance, and lobbying for a state law banning idling. The proposed ordinance amendment actually moves in the opposite direction by encouraging coffee shops and juice bars to vend to customers while customers sit in their idling vehicles. City Staff has enthusiastically embraced some of the Air Quality recommendations, by creating and promoting a prize-winning video on proper car maintenance and energy saving winter driving techniques. We hope the City continues promoting alternative modes of transportation and education. Careful drafting of ordinances that enhance, and not reverse, current non -idling policies are consistent with Edina's leadership in environmental sustainability, demonstrated by joining ICLEI, publicly disclosing city carbon emissions at the CDP, and promoting events such as the Natural Step workshops and the recent Edina Dialogue program on "Our Clean Energy Future". Idling of passenger cars and commercial vehicles contribute to indoor and outdoor air degradation. Idling is particularly problematic when it occurs around places where children with developing lungs play such as schools and daycare facilities, New Horizons Day Care is half a block down from the Wooddale Valley View intersection, the site of the proposed drive through. Several studies have looked into the negative effects of idling, many focus on the design of proposed structures and property uses. In this particular case cars are directed off Valley View around the entire property in order to stack them for the drive-through. As they wait to order/pick-up their fare, cars will idle near sidewalks and directly adjacent to the proposed outdoor dining on the south side of the building, these are places where people will be sitting or walking. The current ordinance is more permissive than that of neighboring cities. The EEC recommends revisionsl, not only to bring it up to par, but to set a model for other cities to follow. Edina is recognized for its sense of community and excellent business environment, as seen in the high concentration of establishments such as restaurants and coffee shops. Such establishments are thriving and there is no evidence that customers are inconvenienced by purchasing their coffee inside stores. It is unclear how Edina businesses can benefit from more drive-through establishments, but the negative health and environmental results for Edina residents are certain and the EEC respectfully recommends strengthening the above ordinance and rejecting the proposed changes. Respectfully, Edina Energy and Environment Commission Idling more than 10 seconds expels l pound of COL while offering no benefit to today's modern engines (cars burn more gas after idling greater than 10 seconds than by restarting, and restarting no is no longer considered a long-term maintenance issue). In addition, idling 1 hour bums 1/5 to 7/10 of a gallon of gas, creating a potential cost of fuel greater than $600 per year (depending on current fuel costs). Perhaps most importantly, idling expels into the atmosphere the same pollutants as a vehicle in motion Of the greater than 20 pollutants, and in addition to Carbon Dioxide, idling expels Nitrogen Oxide, Particulate Matter, Carbon Monoxide, among other Mobile Source Air Toxics. The following link will take you to the web site for the Environmental Protection Agency, which discusses some of these issues: http://www.epa.gov/otaq/toxics.htm#b 2. Suggested revisions to the current ordinance; a. Increasing the setback from residential areas from 20 feet to 300 feet b. Restricting hour of operations based on input from residents c. Posting of non -idling signs in the setback zone d. Requiring a traffic study prior to approval e. Giving priority to bike -up and walk-up over drive-through windows MEM0 City Hall a 4001 W. 50th St, Edina, MN 55424 Phone 952-927-0861 • Fax 952-826-0390 • www.CityofEdina.com Date: December 14, 2011 To: Planning Commission From: Cary Teague, Planning Director Re: Zoning Ordinance Amendment — Revision to Approved Site Plans The Planning Commission discussed the Ordinance amendment at last month's meeting, and tabled the item for further changes. (See attached minutes.) As a result of the Planning Commission discussion, staff has revised the Ordinance to address the concerns. Conditions #4 and #5 were added to ensure that minor changes to site plan approval does not include changes to any condition required, including building material or color; and no changes may occur in a Heritage Preservation District. ON W Minn • ARM WA%I 5Nh Straw► a Minn MN . AWA ORDINANCE NO. 2012-_ AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING REVISIONS TO APPROVED SITE PLANS The City Council Of Edina Ordains: Section 1. Subsection 850.04. Subd. 3.1 is amended to read: I. Plan Modifications. Minor changes may be authorized by the Planner duly Q0A time. PFopesed Ghanges to the appFeved site plan afferAing StFUGtwal types, buildiRg GOVeFage, Fnass, intensity OF height, alleGatien e open spaGe and all GtheF GhaRger, WhiGh affer-A- the emwwall design of the pmpedy shall be aded on, Fevie I . . )Gessed by the Gemmis and GeunGil an the same maRAW air, they Feviewed and PFOGersed the site changes. .s.gre con-siftffld-M if I,.. There, Jsrnqjggcrease fo.the -yrqpcoed RUMherjd #'d.vvjq ft oft, � -_gpd 3, Ali g,wpged -revisions,-o-tn- , , w th,mM Mts. �. The .ro .e is iaot.t cafe :n,an Edina rite Land ark.��istr. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: Existing text — XXXX Stricken text — XXXX Added text -Alm Second Reading: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk 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 Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2012. City Clerk 0) considered. Mr. Dovolis responded that parking spaces were established according to uses; however in the future it may be something worth considering. Commissioner Potts commented that in his opinion this development was a good beginning as the City continues to pursue its goals outlined in the Comprehensive Plan. Potts said in his opinion the building holds the corner well. Motion Commissioner Staunton moved to recommend preliminary rezoning approval from PCDA Planned Commercial District to PUD, Planned Unit Development and Preliminary Development Plan approval based on finding and conditions provided in the staff report. Commissioner Potts seconded the motion. Further discussion on motion: Commissioner Platteter said on the site plan he observed a tree that could impede site lines and asked that landscaping be considered when reviewing the ingress and egress. Chair Grabiel called for the vote. Ayes; Forrest, Scherer, Potts, Platteter, Cherkassky, Carpenter, Staunton, Fischer Grabiel. Nays: 0. Motion carried, VII. REPORTS AND RECOMMENDATIONS Zoning Ordinance Amendment — Revisions to approved site plans Planner Presentation Planner Teague explained that the City Council directed staff to draft an ordinance amendment to clearly define when changes may be made to approved site plans. Teague explained that currently Edina's ordinance wasn't clear and "minor changes" are not defined. Planner Teague reminded the Commission this issue was previously discussed with the Commission with the Commission directing staff to revise the amendments to include removal of the 10,000 square foot maximum. The 5% maximum was kept. Planner Teague said no change was made in regard to a decrease in building size. As was the case with the Waters senior housing project, a decrease in the building size was not seen as a negative impact on the project, rather it was seen as a positive when compared to what could have been built. If a revision to a site plan, such as a building relocation were to occur along with a building size reduction, then the plans would be brought back to the Planning Commission and Council for review, as a change to an approved site plan. Page 11 of 14 Discussion A discussion ensued with Commissioners questioning what constitutes change; is it a change in building color, change in exterior materials, increase or decrease in size , etc. The Commission suggested the following: • Change in building materials including color needs to be brought back before the Commission and City Council. • A property cannot be located in an Edina Heritage Landmark District. Chair Grabiel suggested that Planner Teague retool the amended ordinance to include those suggestions and bring the final draft back before the Commission. Zoning Ordinance Amendment -Revision to Utility & Mechanical Equipment Planner Teague reminded the Commission that utility and mechanical equipment was previously discussed with the Commission suggesting that more study needs to be done on size, setback, exempt/non-exempt equipment etc. Discussion A discussion ensued with the Commission making the following suggestions: • 80 -feet was too large. Consider reducing equipment size to 36 square feet. • 6 -feet may be too tall; reconsider height. • Consider establishing a minimum setback for mechanical equipment • Include these structures on the site plan when at all possible Concern was also expressed on sites with numerous equipment pointing out there was no cap on "grouped" equipment. The Commission suggested a cap. Commissioner Platteter commented that he views the majority of mechanical equipment as "eyesores" and amending the code to tighten up the standards was a good thing. Chair Grabiel asked Planner Teague to "take another look" at the ordinance and bring back to the Commission a draft containing issues brought up at this meeting. VIII. CORRESPONDENCE AND PETITIONS Chair Grabiel acknowledged receipt of the Council Connection IX. CHAIR AND COMMISSION MEMBER COMMENTS Page 12 of 14 MEMO City Hall • 4801 W. 50th St„ Edina, MN 55424 Phone 952-927-8861 • Fax 952-826-0390 • www.CityofEdina.com Date: December 14, 2011 To: Planning Commission From: Cary Teague, Planning Director Re: Zoning Ordinance Amendment — Utility & Mechanical Equipment Ordinance The Planning Commission discussed the Ordinance amendment at last month's meeting, and tabled the item for further changes. (See attached minutes.) As a result of the Planning Commission discussion, staff has revised the Ordinance to address the issues. The size of the utility and mechanical equipment that must meet required setback has been reduced from 80 to 36 square feet. Also, a condition was added that notes that equipment grouped together that exceeds 36 square feet must also meet the required setbacks. City of Minn • df101 WAd 50fh Stmt a Minn MN fiWA ORDINANCE NO. 2012 - AN ORDINANCE AMENDMENT CONCERNING THE REGULATION OF UTILITY EQUIPMENT The City Council Of Edina Ordains: Section 1. Subsection 850.07. Subd. 23. is amended to read: Subd. 23 Utility Buildings and Structures. A. Utility Buildings and Structures Owned by the City. Utility buildings and structures owned by the City and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a permitted principal or accessory use in all districts. B. Other Utility Buildings and Structures. Utility buildings and structures owned by private utility companies or governmental units other than the City, and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a conditional use in all districts and shall only be constructed pursuant to a conditional use permit granted in accordance with Subd. 4 of Subsection 850.04. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk 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 Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2012. City Clerk is Discussion A discussion ensued with Commissioners questioning what constitutes change; is it a change in building color, change in exterior materials, increase or decrease in size , etc. The Commission suggested the following: • Change in building materials including color needs to be brought back before the Commission and City Council. • A property cannot be located in an Edina Heritage Landmark District. Chair Grabiel suggested that Planner Teague retool the amended ordinance to include those suggestions and bring the final draft back before the Commission. Zoning Ordinance Amendment -Revision to Utility & Mechanical Equipment Planner Teague reminded the Commission that utility and mechanical equipment was previously discussed with the Commission suggesting that more study needs to be done on size, setback, exempt/non-exempt equipment etc. Discussion A discussion ensued with the Commission making the following suggestions: • 80 -feet was too large. Consider reducing equipment size to 36 square feet. • 6 -feet may be too tall; reconsider height. • Consider establishing a minimum setback for mechanical equipment • Include these structures on the site plan when at all possible Concern was also expressed on sites with numerous equipment pointing out there was no cap on "grouped" equipment. The Commission suggested a cap. Commissioner Platteter commented that he views the majority of mechanical equipment as "eyesores" and amending the code to tighten up the standards was a good thing. Chair Grabiel asked Planner Teague to "take another look" at the ordinance and bring back to the Commission a draft containing issues brought up at this meeting. VIII. CORRESPONDENCE AND PETITIONS Chair Grabiel acknowledged receipt of the Council Connection IX. CHAIR AND COMMISSION MEMBER COMMENTS Page 12 of 14 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague December 14, 2011 2011-0013.11a Director of Planning INFORMATION/BACKGROUND Project Description Xcel Energy is requesting Preliminary and Final Plat for property located at 7777, 7801, 7807 and 7815 Washington Avenue South. (See location on pages Al—A3.) The proposed plat is unique in that it is located in both Edina and Bloomington. There is only one lot located in the City of Edina. (7777 Washington Ave.) No new lot would be created with this plat, and lot located in Edina lot would not change, with the exception of a portion of the 7801 Washington Avenue South lot would be attached to it. (See pages A6—A7.) in doing so, the parking lot and building at 7777 Washington would be located on the same lot. They currently are located on separate lots. (See page A8.) The remaining 7807 and 7815 lots would be combined and reconfigured. The requested Plat would create a reconfigured lot in Bloomington, on which Xcel Energy could build a new electric substation. (See page A8.) The applicant is working with the Nine Mile Creek Watershed District and City of Bloomington to obtain the necessary permits, approvals and platting to accommodate this request. Any approval in the City of Edina should be contingent on approval from the City of Bloomington. SUPPORTING INFORMATION Surrounding Land Uses Northerly: A two-story office building; zoned PID -1, Planned Industrial District & guided Industrial. Easterly: Highway 169. Southerly: A multi -story office building located in the City of Bloomington. Westerly: The Minnesota Vikings training facility located in the City of Eden Prairie. Existing Site Features The subject property is 2.18 acres in size and contains a two-story office building. (See page A3—A3a.) There would be no changes the property located in the City of Edina. Planning Guide Plan designation: Zoning: Utilities/Easements Industrial PID, Planned Industrial District The city engineer has reviewed the proposed plat and found it to be acceptable. No additional easements or right-of-way would be needed. Preliminary Plat Per Section 810.11, Subd. 1, in consideration of Plats and Subdivisions the Planning Commission and City Council may consider the following: A. The impact of the proposed plat or subdivision, and proposed development, on the character and symmetry of the neighborhood as evidenced and indicated by, but not limited to, the following matters: 1. The suitability to the size and shape of the lots in the proposed plat or subdivision relative to the size and shape of lots in the neighborhood; and 2. The compatibility of the size, shape, location and arrangement of the lots in the proposed plat or subdivision with the proposed density and intended use of the site and the density and use of lots in the neighborhood. B. The impact of the proposed plat or subdivision, and proposed development, on the environment, including but not limited to, topography, steep slopes, vegetation, naturally occurring lakes, ponds and streams, susceptibility of the site to erosion and sedimentation, susceptibility of the site to flooding and water storage needs on and from the site. C. The consistency of the proposed plat or subdivision, and proposed development, and compliance by the proposed plat or subdivision, and the proposed development, with the policies, objectives, and goals of the Comprehensive Plan. F) D. The compliance of the proposed plat or subdivision, and the proposed development with the policies, objectives, goals and requirements of Section 850 of this Code including, without limitation, the lot size provisions and the Floodplain Overlay District provisions of Section 850 of this Code. E. The impact of the proposed plat or subdivision, and proposed development on the health, safety and general welfare of the public. F. The relationship of the design of the site, or the improvements proposed and the conflict of such design or improvements, with any easements of record or on the ground. G. The relationship of lots in the proposed plat or subdivision to existing streets and the adequacy and safety of ingress to and egress from such lots from and to existing streets. H. The adequacy of streets in the proposed plat or subdivision, and the conformity with existing and planned streets and highways in surrounding areas. Streets in the proposed plat or subdivision shall be deemed inadequate if designed or located so as to prevent or deny public street access to adjoining properties, it being the policy of the City to avoid landlocked tracts, parcels or lots. The suitability of street grades in relation to the grades of lots and existing or future extension of the City's water, storm and sanitary sewer systems. J. The adequacy and availability of access by police, fine, ambulance and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision. K. Whether the physical characteristics of the property, including, without limitation, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural recovery and ponding area for storm water, and potential disturbance of slopes with a grade of 18 percent or more, are such that the property is not suitable for the type of development or use proposed. L. Whether development within the proposed plat or subdivision will cause the disturbance of more than 25 percent of the total area in such plat or subdivision containing slopes exceeding 18 percent. M. Whether the proposed plat or subdivision, or the improvements proposed to be placed thereon are likely to cause substantial environmental damage. The lot in Edina would not change in any way; therefore, the above criteria would be met. . STAFF RECOMMENDATION Recommend that the City Council approve the Preliminary and Final Plat of the Newboy Addition for Xcel Energy at 7777 Washington Avenue South. Approval is subject to the following findings: 1. The existing property located within the City of Edina would not be impacted. 2. The existing building and associated parking areas would now be located on the same lot. Approval is subject to the following Conditions: 1. Final Plat approval by the City of Bloomington. 2. All necessary approvals must be obtained from the Nine Mile Creek Watershed District. Deadline for a city decision: February 6, 2012 .I of Edina PID:0711621330004 7777 Washington Ave S p , Edina, MN 55439 M .. ►kadNlkMA Nkmr. Cft 4akfa Perks DP.mN. 4 �3 k3 ok Xcel,EnergysM October 26, 2011 Cary Teague City of Edina 4801 West Fiftieth Street Edina, MN 55424 4/Y 414 Nicollet Mall Minneapolis, Minnesota 56401.1993 RE: Subdivision Application for Preliminary Plat - Newboy Addition Dear Cary, Xcel Energy has entered into an agreement with Newboy Real Estate, LP to acquire vacant land located at 7801, 7807 and 7815 Washington Avenue in Bloomington for the proposed development of a new electric substation. This vacant land borders Edina city limits directly to the north. Xcel Energy is working with the City of Bloomington to obtain the necessary permits, approvals and platting for the new substation. As we have previously discussed, the platting and subdivision of parcels will involve both the cities of Edina and Bloomington. Enclosed with this letter, please find a completed Subdivision Application, required fee of $800 ($700 plus $50/Lot — 2 lots) along with a preliminary plat details for the subdivision of a portion of P.C.H. Addition in Bloomington to be combined with part of Tract F of RLS No. 1283 in Edina. The purpose of this action is to combine three parcels (7801, 7807 and 7815 Washington Avenue South) and to split off a portion of P.C.H. Addition (7801 Washington) east of Nine Mile Creek that would then be combined with part of RLS No. 1283 Tract F. The subdivision and combination of the abovementioned lots results in the creation of Newboy Addition Lots 1 and 2, Block 1. The proposed substation will be permitted, platted and constructed entirely on Lot 1, Block 1, Newboy Addition within the city of Bloomington. Lot 2, Block 1, Newboy Addition will be created by combining the area east of Nine Mile Creek of Lot 1, P.C.H. Addition with a portion of Tract F of RLS No. 1283. Lot 2 will remain owned by Newboy Real Estate and there are no plans for development on Lot 2 as a part of this platting process. The proposed new substation will be located on Lot 1, Block 1, Newboy Addition entirely within the city of Bloomington. Therefore a tree plan, grading plan, existing conditions, and other items marked "NA" on the attached checklist are not being submitted as they are not required for this application per our previous discussions. The proposed plat will not impose any negative impacts on the health, safety or general welfare of the public and is consistent with the policies, objectives and goals of the comprehensive plan and is in compliance with City Code. Furthermore the plat will combine, not subdivide two parcels — one parcel with an existing building and another with the necessary existing parking, resulting in one platted lot for both. Combining these two parcels snakes best use of the land and avoids the creation of a landlocked orphan lot that would be difficult to develop on its own. LA Carey Teague October 26, 2011 Page two Xcel Energy is requesting the City of Edina's approval of the Newboy Addition Preliminary Plat. This platting complies with all provisions of the City Code and is required for the conveyance of land needed for the development of this substation. The proposed substation is needed to meet the electrical demand for the area and to provide for future electrical load growth. Xcel Energy makes this application in compliance with the City's statutory zoning authority, which allows for review of the platting process. However, by making this application, Xcel Energy does not waive or subordinate its utility authority to plat, develop and construct the proposed substation in order to meet its obligation to provide electric service. Please review the enclosed application and all attachments and feel free to contact me if you have questions or need further information. I look forward to working with the City of Edina on this subdivision process. Sincerely, Chris Rogers Sr. Siting and Land Rights Agent 612-330-6078, office 612-202-0343, cell Christopher.c.ro vers c xcelenergy com Enclosures Cc: Allen Barnard, Best and Flannigan Glen Markegard, City of Bloomington Kevin Bigalke, 9 Mile Creek Watershed District A� Hennepin County Property Map Print Page 1 of 1 00101 OWN Selected Parcel Data Parcel ID: 07-116-21-33-0004 Owner Name, NEW80Y REAL ESTATE LTD PTNSH Parcel Address: 7777 WASHINGTON AVE S, EDINA , MN 55439 Property Type: COMMERCIAL -PREF Homestead: NON -HOMESTEAD Area (sgtt): 115193 Area (acres): 2.64 A -T -B: TORRENS Market Total: $1,644,000.00 Tax Total: $56,082.84 X iSr�uG' LOTS Date Printed: 12/6/201112:16:16 PM Current Parcel Date: 12/3/2011 Sale Price: $1,660,000.00 Sale Date: 02/1996 Sale Code: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 12/6/2011 �....-------_.—_.-----___--- —._.__.,._ 7lfr ,t�[(NY y� S.�,Twiffan.C1n U11a qY' a. II ��1 a �_.............__.. .............. ..._..____ f r Lu I r. 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