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HomeMy WebLinkAbout2012-05-09 Planning Commission Meeting PacketsAGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS MAY 9, 2012 7:00 PM I. CALL TO ORDER 11. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the regular meeting of the Edina Planning Commission April 25, 2012. 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. VI. PUBLIC HEARINGS A. Front Yard Setback Variance — Kristi Wenner— 5025 Nob Hill, Edina, MN VII. REPORTS AND RECOMMENDATIONS A. Zoning Ordinance Update — Discussion • Drive-through facilities (PCD -1 District) • Energy Generation Systems • Subdivision VIII. CORRESPONDENCE AND PETITIONS • Council Connection • Attendance IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT 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,1 Tease call 952-927-886172 hours in advance of the meeting. Next Meeting of the Edina Planning Commission May 23, 2012. CITY OF EDINA MEMO Citic Hall • Phone 952-927.8861 Fax 952-826-0389 • www,CityofEdina.com C Q� O is Date: May 9, 2012 To: Planning Commission From: Cary Teague, Community Development Director Re: Energy Generation Systems Attached is a draft ordinance that condenses the previously proposed ordinance. As drafted, the ordinance accomplishes the following: • Energy Collection Systems are defined to include renewable, wind and solar energy systems. • Energy Collection Systems are a permitted accessory use in all zoning districts. • Energy Collection Systems are required to meet all setback requirements of the underlying zoning district, but would not be allowed in a front yard. • The height requirement is that of the underlying zoning district In the R-1 and R-2 districts the maximum height is 18 feet. (Same as the existing requirement.) + Energy Collection systems may be mounted to a building, but may not extend higher than 12 feet above the highest point of the structure. • Energy Collection Systems are regulated for noise per Edina Ordinance, which is consistent with State Standards. A building permit is required for installation. City of Edina F 4801 W. S0th St. Edina, MN SS424 ORDINANCE NO. 2012 - AN ORDINANCE AMENDMENT REGARDING ENERGY GENERATION SYSTEMS The City Council Of Edina Ordains: Section 1. Subsection 850.03. Subd. 3 is amended to add the following definitions: Energy Generation Systems An Energy GenerationSystem Includes: • Renewable Energy System: A system that generates eriargy from natural resource such as sunlight or wind. • Wind Energy System: A system consisting of a wind turbine, a lower or mounting, and associated control or conversion electronics, which is • Solar Energy System: A system that uses the power of the sun to capture, distribute and/or More energy which is intended Primarily riiy frir tin- site consumption of electricity or hot water.. Section 2. Subsection 850.07. Subd. 19. is amended to read: Subd. 19 Energy Collection Systems Setbacks. Facilities and equipment designed for the collection of solar energy or wind energy shall be consideried a permitted accessory use within all zoning districts. A. " Setbacks. Energy: Collection Systems shall maintain the same setbacks as are required for principal buildings or structures in the underlyi zoning district, and shall not be located within the front yard. R. Height. With the exception of the R-1 and R-2 Zoning Cistri, Energy Collection Systems shall conform to the same height requirement for principal buildings or structures in the underlying zoning district. In the R- I and, R-2 Zoning District the maximum height shall be eighteen (1-8) feet � � a ® e _ ., ,- -ffi .•s � � - is Existing text — XXXX Stricken text —XXXX Added text — XXX i oildih+o Permit, A building permit shall, be required pri r to the installation of an Energy Collection System, Section 3. 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 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 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 Existing text — XXXX 2 Stricken text — XYM Added text — MUM IWA yy «�it�iMY34tiS\}"f MEMORANDUM TO: Planning Commission FROM: Cary Teague, Planning Director RE: Small Wind & Solar Renewable Energy Systems — March 23, 2011 Attached is an ordinance drafted by the Energy and Environment Commission (EEC). Suray Iyer from the EEC will be in attendance at the March 23`d meeting and is requesting that the Planning Commission consider and discuss the issue. Current Edina Zoning Ordinance allows these types of systems in all zoning districts subject to meeting requirement building setbacks. SMALL WIND AND SOLAR RENEWABLE ENERGY SYSTEMS SECTIONS: 1: Purposes 2: Definitions 3: General Requirements 4: Small Wind Energy Systems 5: Solar Energy Systems 6: Conditional Uses 7: Maintenance 8: Severability 9: Conflicts Resolved 1: PURPOSES: The purposes of this chapter are to: 1.1. Provide zoning regulations to guide the installation and operation of Small Wind and Solar Renewable Energy Systems in City of Edina. 1.2. Accommodate sustainable energy production from renewable energy sources. 1.3. Preserve the aesthetics of the zoning districts in the interest of property values, public health, and welfare. 2: DEFINITIONS: As used in this chapter, the following terms shall have the meanings indicated: 2.1 LARGE WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to generate utility power at a commercial scale. 2.2 NET METERING: An arrangement by which excess energy generated by a Renewable Energy System is distributed back to the electrical utility grid. 2.3 RENEWABLE ENERGY SYSTEM: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat. As used herein, the term "Renewable Energy System" refers to Small Wind Energy Systems and Solar Energy Systems only. 2.4 SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is Intended primarily to reduce onsite consumption of utility power. 3.4.3 The owner of a Renewable Energy System shall ensure that it is installed and maintained in compliance with applicable building and safety codes adopted by the City and any other state or Federal agency of competent jurisdiction. 3.4.4 All Small Wind Energy Systems shall be equipped with manual and/or automatic controls to limit rotation of blades to a speed within the manufacturers designed limits. 3.45 All wiring associated with a Renewable Energy System shall be underground or contained within a raceway that complements the building materials of the principal structure. 3.5. Interconnection with Public Works Department -- Electric: 3.5.1. Energy produced by a Renewable Energy System shall be utilized on-site, except for Net Metering as authorized by the Public Works Department and other appropriate regulatory agencies required by law. 3.5.2. The interconnection of any Renewable Energy System to the City of Edina Public Works Department _ Electric distribution grid shall be in accordance with the Department's Service Rules and Policies, including standard practices as may be amended from time to time. 3.6. Illumination of a Renewable Energy System shall be prohibited, except to accommodate co - installation of parking lot lighting luminaires or as required by the Federal Aviation Administration (FAA) or other state or Federal agency of competent jurisdiction. 3.7. Signage: No commercial signage or attention -getting device is permitted on any Renewable Energy System 3.7.1. A sign of a plain white background with black lettering not exceeding four (4) square feet In size shall be provided on each Small Wind Energy System which indicates the emergency contact information of the property owner or operator. 3.8. Screening: There shall be no required mechanical screening for Renewable Energy Systems, 3.9. Historic Structure: Renewable Energy Systems shall comply with Historic Preservation statutes. 4: SMALL WIND ENERGY SYSTEMS 4.1. Authorization of Use 4.1.1. Roof -Mounted Small Wind Energy System: 4.1.1.1. Permitted Use: Roof -Mounted Small Wind Energy Systems may be authorized administratively in all Business Districts and Industrial Districts and subject to approval by the City Engineer, or designee. 4. 1.1.2. Conditional Use: Roof -Mounted Small Wind Energy Systems may be authorized as a conditional use for any institutional, utility or non-residential use in a Residence District in accordance with the provisions of Section 6 of this Chapter. 4.3.2.2. Ground -Mounted Small Wind Energy Systems, including all appurtenances and anchoring equipment, shall be set back a distance equal to 1.1 times the system height, from the base to all property lines, third party transmission lines, Ground -Mounted Small Wind Energy Systems, overhead electric distribution systems and communication towers. 4.4. Noise: Sound levels for any Small Wind Energy System shall not exceed the maximum decibels established in City Code. The city may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of the wind energy system as measured from the ground level at the nearest property line. 4.5. Color: Small Wind Energy Systems may remain finished in the color originally applied by the manufacturer, unless otherwise authorized by the building permit. Finishes shall be non -reflective, neutral and be monochromatic in color and shall minimize visual disruption to the surrounding area. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot. 4.6. Unauthorized Access: Ground -Mounted Small Wind Energy Systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve feet (12') above grade. 5: SOLAR ENERGY SYSTEMS 5.1. Authorization of Use: 5.1.1. Permitted Use: 5.1.1.1. Building -Mounted Solar Energy Systems may be authorized administratively in all zoning districts in accordance with the requirements of this Chapter and subject to approval by the City Engineer, or their designee. 5.1.1.2. Ground -Mounted Solar Energy Systems may be authorized administratively in the Industrial and Business Districts in accordance with the requirements of this Chapter and subject to approval by the Director of Public Utilities and the City Engineer, or their designee. 5.1,2. Conditional Use: A Ground -Mounted Solar Energy System that is accessory to a principal institutional, utilities or non-residential use may be authorized as a conditional use in any Residence District in accordance with the provisions of Section 6 of this Chapter. 5.2. Height: 5.2.1, Building -Mounted Solar Energy System: A Building -Mounted Solar Energy System may have a maximum height of ten feet (10') as measured from the roof surface on which the system is mounted to the highest edge of the system provided, however, that the system shall not exceed five feet (5') above the peak roof height or five feet (5') above the maximum permitted height of the district, whichever is less. 7.2. If the City determines that a Renewable Energy System fails to comply with the applicable provisions of this Code, the City shall provide written notification to the property owner. The property owner shall have a period of ninety (90) days from the date of notification to either restore the Renewable Energy System to operation or remove the system, 7.3. In the event such Renewable Energy System is not brought into compliance with this Code within the specified time period, the City may remove or cause the removal of said facility at the property owner's expense. 7.9. The City may pursue any and all available legal remedies to ensure that a Renewable Energy System which fails to comply with this Code or which constitutes a danger to persons or property is brought into compliance or removed. 7.5. Any delay by the City in taking enforcement action against the owner of a Renewable Energy System and the owner of the property if such owner is different from the owner of such facility, shall not waive the City's right to take any action at a later time. 7.6. The City may seek to have the Renewable Energy System removed regardless of the owner's or operator's intent to said facility, and regardless of any permits that may have been issued or granted. 73. After the Renewable Energy System is removed, the owner of the Subject Property shall promptly restore the Subject Property to a condition consistent with the property's condition prior to the installation of the system. 8: SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions hereof. 9: CONFLICTS RESOLVED: This Chapter supersedes all chapters or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict. PLANNING COMMISSION STAFF REPORT Recommended Action: Approve a 32.45 foot front yard setback variance as requested. Project Description A 32.45 foot front yard setback variance to build a new home on a vacant lot located at 5025 Nob Hill Drive. INFORMATION/BACKGROUND The subject property is located on the west side of Knob Hill Road consisting of a vacant lot. The property owner is hoping to sell the lot for the construction of a new home, (see attached Fig. A.1 -A.9). This proposal had been on the April 25, 2012, Planning Commission agenda for a 42.45 foot front yard setback variance requested for the property to allow a two-story walk out with an attached three car garage to be located 25 feet from the front lot linea Upon meeting and discussing the plan with surrounding neighbors, the proponents have adjusted their request by pushing the home back an additional 10 feet to provide a 35 foot front yard setback for the new home. The proponents and the neighbors agreed that a deeper front yard setback would be more inkeeping with the character of the neighborhood. The house plans remain the same as originally proposed. The ordinance requires the new home maintain the average front yard setback of the two adjacent homes. The average front yard setback for the subject lot is 67.45 feet based on the average between 5023 Knob Hill to the south, which is located at 24.8 feet from their front lot line and 5027 Nob Hill just north of the subject property located 110.1 feet from their front lot line. Originator Meeting Date Agenda # Kris Aaker May 9, 2012 B-12-03 Assistant Planner Recommended Action: Approve a 32.45 foot front yard setback variance as requested. Project Description A 32.45 foot front yard setback variance to build a new home on a vacant lot located at 5025 Nob Hill Drive. INFORMATION/BACKGROUND The subject property is located on the west side of Knob Hill Road consisting of a vacant lot. The property owner is hoping to sell the lot for the construction of a new home, (see attached Fig. A.1 -A.9). This proposal had been on the April 25, 2012, Planning Commission agenda for a 42.45 foot front yard setback variance requested for the property to allow a two-story walk out with an attached three car garage to be located 25 feet from the front lot linea Upon meeting and discussing the plan with surrounding neighbors, the proponents have adjusted their request by pushing the home back an additional 10 feet to provide a 35 foot front yard setback for the new home. The proponents and the neighbors agreed that a deeper front yard setback would be more inkeeping with the character of the neighborhood. The house plans remain the same as originally proposed. The ordinance requires the new home maintain the average front yard setback of the two adjacent homes. The average front yard setback for the subject lot is 67.45 feet based on the average between 5023 Knob Hill to the south, which is located at 24.8 feet from their front lot line and 5027 Nob Hill just north of the subject property located 110.1 feet from their front lot line. Compliance Table * Variance Required Staff Recommendation Recommend that the Planning Commission approve the variance. Staff recommended approval of the previous request with supporting information included in the April 2.5, 2012, Planning Report, (attached for reference). Conditions have not changed on the property. Staff continues to support the requested front yard setback 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 surrounding properties and is similar to the nonconforming setback of the neighbor to the south. b. The practical difficulty is the steep topography of the lot. 3) The imposed setback limits design opportunity. The intent of the ordinance is to provide adequate spacing from the street. The proposed home will be farther back from the street than the home to the south that received a front yard setback variance for similar circumstances. Approval of the variance is subject to the following conditions: 2 City Standard Proposed Front - 67.45 feet *35 feet Side- 10+ height, (living) 13/21 feet Rear- 25 feet 158 feet Building Height 2 1/2 stories 2 stories, 30 feet to midpoint 35 feet to 26 feet to midpoint, 33 rid e, feet to the ridge Lot covers a 25% 9.5% * Variance Required Staff Recommendation Recommend that the Planning Commission approve the variance. Staff recommended approval of the previous request with supporting information included in the April 2.5, 2012, Planning Report, (attached for reference). Conditions have not changed on the property. Staff continues to support the requested front yard setback 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 surrounding properties and is similar to the nonconforming setback of the neighbor to the south. b. The practical difficulty is the steep topography of the lot. 3) The imposed setback limits design opportunity. The intent of the ordinance is to provide adequate spacing from the street. The proposed home will be farther back from the street than the home to the south that received a front yard setback variance for similar circumstances. Approval of the variance is subject to the following conditions: 2 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: April 30, 2012. Building plans and elevations date stamped March 30, 2012. Deadline fora City Decision: May 30, 2012. N GrOmena"mmood twigK 61fild. -d-le April 30, 2012 City of Edina Planning Department 4801 West 501" Street Edina, MN 55424 Dear City of Edina Planning Commission, Greenwood Design Build, LLC 5114 Edina industrial Blvd i Edina, MN 55439 Phone: 612 640 4306 www.greenwooddesignbuild.com MN Lic# SC629846 This letter is on behalf of our clients, Zack and Kirsti Wenner, and our variance application for 5025 Nob Mill Road, Edina. After meeting with the owners of the properties in the vicinity of this lot, we have come to the conclusion that it would be better if we adjusted our request to a 32.45 -foot front yard setback variance instead of the 42.45 -foot setback variance that we had initially submitted. Talking it through with the neighbors, we have all come to the conclusion that if the setback variance is 32.45 feet it would fit In better with the essential character of the neighborhood. Sincerely, Scott Loehrer Owner, GreenWood Design Build, LLC -C, ;1.9 CIE I C lo'Ll 1 w > tu IfY ell 4V LU cri z ar ly im ;1.9 CIE I C lo'Ll 1 2 SUP I p00N 10'L I I � i_1min!' Mon EN F 1111111 1111111 moo INMorIQM Mwr�rgQM ONEii Ffl FF mom iii I 1= WJENNER RESIDENCE 5025 NOS Hifi DRIVE MAL 4�lreonftod Duro. BaeLI4 ele MN Ur. w SCS29946 St 14 EDNA 1NDUSMIAL BLVD I EOIN&MN 155439 P (MI) 30.3 -SM I WWW.QFEENWOOOOMM8LfiLD.COU COPYRKMT 2012 GREENWOOD DESIGN BLKD, LLC X. 6— �_ �� ��� �� � �� �� �■�� ���, ���� �� �� � �� �� �� u���ssu��ssrn' � � � � �� ■ms's" �_ 6 WENNER RESIDENCE 5025 NOB HILL DRIVE ULZL 'AreenWood UN UC. 0 SCE29846 s714 Eolm RMSTAIAL BLVD I MMk MN i SSM P- (651) 93ZM I WWW. .COM COPYMKT 2012 GAEENWOOD DESIGN BUILD. LLC I 4 Li 9 �\� � 7 § � � $ i� I 4 Li 9 i I � ■62 co � $i. to � OD � � � � §k� i I PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker April 25, 2012 B-12-03 Assistant Planner Recommended Action: Approve the 42.45 foot front yard setback variance as requested. Project Description A 42.45 foot front yard setback variance to build a now home on a vacant lot located at 5025 Nob Hill Drive. INFORMATION/BACKGROUND The subject property is located on the west side of Knob Hill Road consisting of a Vacant lot (see attached Fig.A.1-A.18, site location, aerial photographs, photos of subject and adjacent Properties). The property owner is hoping to sell the lot for the construction of a new home, (see attached Fig. B.1 -B.8). The proposed home is a two-story walk out with an attached three car garage. The ordinance requires the new home maintain the average front yard setback of the two adjacent homes. The average front yard setback for the subject lot is 67.45 feet based on the average between 5023 Knob Hill to the south, which is located at 24.8 feet from their front lot line and 5027 Nob Hill just north of the subject property located 110.1 feet from their front lot line. The property drops dramatically from the front of the lot towards the back lot line. The required setback forces a new home down a steep slope, well below street grade. At certain points there is a 45 foot difference in elevation between the street grade and the bottom of the slope towards the back of lot. It should be noted that both the subject property and the home to the south, (#5023 Nob Hill), received front yard setback variances to locate homes closer to the street given the steep topography among other conditions in support of front yard setback variances, (see attached Fig. C.1 -- C.14), minutes of variance hearings for 5023 and 5025 Nob Hill and staff report for 5025 Nob Hill). The proposed home for the subject property was never built, so the approved front yard setback variance lapsed after one year past the hearing date. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single-family homes. Easterly: Single-family homes. Southerly: Single-family homes. Westerly: Single-family homes Existing Site Features The subject lot is 26, 500 square feet in area. Planning Guide Plan designation: Zoning: Building Design Single-family detached R-1, Single Dwelling Unit District The proposal is to build a new two story walkout with an attached three car garage. Compliance Table * Variance Required Primary Issues • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 2 City Standard Proposed Front - 67.45 feet *25 feet Side- 10+ height, (living) 13121 feet Rear- 25 feet 158 feet Building Height 2 112 stories 2 stories, 30 feet to midpoint 35 feet to 26 feet to midpoint, 33 ridge, feet to the ridge Lot coverage 25% 9.5% * Variance Required Primary Issues • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 2 I . The proposed use is permitted in the R-1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of front yard setback. 2. The home is appropriate in size and scale for the lot and the improvements will enhance the property. The footprint of the home will be less than 10% of the lot area, 3. The improvements will provide a similar setback from the street as the home to the south at #5023 Nob Hill and allows for their views towards the rear yard to remain the same. Forcing the home back to the required setback alters the views of the next door neighbor to the south. 4. The home is a new two story walkout with an attached three car garage and should compliment the character of the neighborhood. • 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: 1) 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. Staff believes the proposed variance is reasonable. A variance to allow a 20 foot front yard setback for the lot was granted by the City in 1990 for a new home to be built on the lot. The home was never built so the variance has since lapsed. Conditions on the property however, remain the same with topography and house placement challenges acknowledged by the Zoning Board in 1990 as justification for supporting a variance on the property. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self- created? Yes. A unique circumstance is the topography of the lot. There has already been a front yard setback variarkce approved on the lot so the city has acknowledged that there are challenges associated with locating a home on the lot. 3) Will the variance alter the essential character of the neighborhood? No. The proposed home will nofalter the essential character of the neighborhood. The setback will mimic the front yard setback of the home to the south. The property to the north is a neck/flag lot that required a deep front yard setback due to the narrow lot frontage. The home to the north is a great distance from the proposed home and should not be affected by the proposed home placement. Requiring the home to maintain the average setback would alter the character of the neighboring property to the south by obstructing some existing views from their back yard. 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 surrounding properties and matches the nonconforming setback of the neighbor to the south. 4 3) The imposed setback limits design opportunity. The intent of the ordinance is to provide adequate spacing from the street. The proposed home will match the setback of the home to the south that also received a front yard setback variance for similar circumstances. 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: March 30, 2012. Building plans and elevations date stamped March 30, 2012. Deadline for a City Decision: May 30, 2012. VARIANCE APPLICATION CASE NUMBER � DATE FEE PAID City of Edina Planning Department' MM.cilyafedina.com 4809 West Fiftieth Street " Edina, MN 66424'' (962) 826-0369 " fax (952) 826- 0389 FEE: RES . $360.00 NON -RES - $600.00 APPLICANT: NAME;- 4C \NNnoes- (Signature required on back page) ADDRESS:. I }-jl '�yl HONE: G `tn �! EMAIL: ki >n Wt,&j inej-19. e l l vin.. k 12- • W KJ, W5 PROPERTY OWNER: NAME: I! w I (Signature required on back page) �d ADDRESS: 3330 j. ,ro,*oAi/ tr*4 W,rfi°% PHONE: "V3 LEGAL DESCRIPTION 00 PROPERTY (written and electronic fonn): ^ ,p,e p.t .7 "You must ptavido a full iepal description. if more space is nee4s, please use a separate shoot, •�%� r-�,` /� r'b �S�+�sd'►%� Note, The County may not accept the resolution approving your pMoct N the legal description does not Match their records. This may delay your project, PROPERTY ADDRESS: .'S_a S !!e •i'' ,� PRESENT ZONING: P.I.D,# EXPLANATION OF REQUEST: .. (Use reverse slde or additional pages if necessary) ARCHITECT:. NAME: PHONE: EMAIL:L /i 6 SURVEYOR: NAME: --PHONE: EMAIL: r 11 t~a Chu✓ce , 7 �J' Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: YES NO Relieve practical difficulties In complying with the zoning ordinance and that the use Is reasonable Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district Be in harmony with the general purposes and intent of the zoning ordinance Not alter the essential Character of a neighborhood APPLICANT'S STATEMENT This application should be processed in my name, and I am the party whom the City should contact about this application. By signing this application. I certify that all fees, charges, utility bills, taxes, special assessments and other debts or obligations due to the City by me or for this property have been paid, I further certify that I am in compliance with all ordinance requirements and conditions regarding other City approvals that have been granted to me for any matter, I have completed all of the applicable filing requirements and, to the best of my knowledge, the documents and information I have submitted are true and correct. OWNER'S STATEMENT I am the fee title owner of the above described property, and I agree to this application. (if a corporation or partnership is the fee title holder, attach a resolution authorizing this application on behalf of the board of directors or partnership.) Ownees ftnature pate !Note. Both signatures are required (if the owner /s different than the applicant) before we can process the application, otherwise it is considered incomplete. (v"GreenWood. z*4e9m vzcitd. <' ze April 9, 2012 City of Edina Planning Department 4801 West Fiftieth Street Edina, MN 55424 Dear City of Edina Planning Commission, Greenwood Design Build, LLC 5114 Edina Industrial Blvd l Edina, MN 55439 Phone:. (651 ) 303-5783 www.greenwooddesignbuild.com MN Lic# BC629846 I am writing on behalf of our clients, Zack and Kirsti Wenner, and our variance application for 5025 Nob Hill Road, Edina. The Wenner's have commissioned GreenWood Design Build to build them a new home. Kirsti Wenner is an Edina school teacher and her main requirement was that their new home must be within the Edina school district boundaries. As you may well be aware, the inventory of new construction lots within the Edina school district boundaries is limited, and the Wenner's have searched most all of these to date. The Wenner's are very excited with the prospect of building their new home at 5025 Nob Hill Road. The lot location meets their criteria perfectly. However, as their builder we have analyzed the lot and the ability to build properly on the lot, and have determined that we have a hardship that requires us to ask for this variance. As City of Edina setback requirements dictate, the front yard setback must be no closer than the average setback of the adjacent homes on either side of the lot. In this case that would put their home around sixty feet or more back from the front property line. The neighboring home at 5027 Nob Hili Road is setback much further than typically required, and the home at 5023 Nob Hili Road Is setback closer than typically required, creating an unusually large average setback for 5025 Nob Hill Road. We have attached surreys to our variance application which illustrate these circumstances. The lot at 5025 Nob Hill Road has a unique and steep pitch from front to back of lot. At the City's required setback, the home would be unbulldabie as a conventional build. Extraordinary measures and expenses would need to be taken in order to entertain a build at that setback on the lot. As our variance application requests, we would like to have the setback requirement revised to match that of the neighbor to the left at 5023 Nob Hill Road. With the setback revised as requested, we would be able to build the home in a more conventional manner, which would allow us to deal with the extraordinary circumstances unique to this steeply pitched lot, and would relieve the hardship currently faced due to setback requirements. We thank you for your time and efforts in considering our variance request. The Wenner's are excited and hopeful that this will work out so that they can fulfill their wishes of building a new home in the City of Edina school district boundaries. Sincerely, Doug Cutting, Owner GreenWood Design Build, LLC LOCATION MAP A aaaa 6525 6611 asla 65ad astir Legend Nouse Number Label% 3 { 6513x1 bsaQ Street Nome Lads 6511 � asn esti! �f Clly Elmira z% Creeks lake Nomas .. ..._......�....,..�-W a5m 65,44 6529 6928 6519 Lakes © Parka fewsrw D Parcels Elft x100 /60! 303J alo5 Mu 5181 5M5 5Wf 6w) A E505 i SO 6611 5109 Wag w?J w12 6E10 Ebr1 WS Edit alias W15 wru 5110 Eaa3 { li sa�23 eau "10 510E of I aE f -.--.,....50� ., a, 52W !� 5004 �OJE N ? t 5161 ,FOS S SSS $160 5x05 5156 91St $401 ar S11t ' 50¢1 #i!1 Qp SILO 9491 5134 9151 5449 5i2a 5145 5Nt 5J)e 5100 Wf w.e M�N4 ,`m�da. 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CD r.���2 . §[/:��} )� R § 5 ] _ § z § w g cc ) k §. g � § ca_§ 2 �) ON � § 5 ] _ § z § w g cc ) k Page I of I LOGISMap 011(I)tlt P -Age 4119/27012 B-90-38 Dave PetersoniIverson Homes 5025 Nob Hill, Edina, MN 10 -foot front yard setback variance l Ms. Aaker presented the staff report Ms. Utne asked if the entire length of the house was in violation of the front yard setback or only a portion of it. Utne also commented on the incline and that the house appears to be cantilevered. Ms. Aaker responded there are a number of points that encroach into the setback, adding the house is cantilevered due to the topography in this area. Ms. McClelland said in her opinion the house really doesn't have to be as big as it is; however, she acknowledged the topography makes house placement a challenge. Dave Peterson, Iverson homes, told the board it was difficult to design a house that met code due to the topography of the site. Board members agreed that the site did poise challenges. Ms. Utne said in her opinion the house settles nicely in the location portrayed. A discussion ensued with board members expressing concern on the potential for water problems and vehicle parking. Motion Ms. McClelland moved variance approval based on staff conditions. Noting a hardship exists because of the difficult topography of the site. Approval is also conditioned on the Engineering Department reviewing parking and the level of the garage/driveway to ensure safety and that any potential water issues are reviewed. It should also be noted that the shallowness of the driveway could create problems with vehicle parking (legally). Mr. Johnson seconded the motion. All voted aye; motion carried. ?11 •I+ L'td[•l!= -* I Cm m s r 4. —,A.A LINA PLANNING r);=P A C r EDINA BOARD OF APPEALS AND ADJUSTMENTS STAFF REPORT NOVEMBER 7, 1990 B-90-35: Iverson Homes Inc. 5025 Nob Hill Drive Lot S. Block 1 Zoning: R-1 Request: A 10 foot front yard setback build a new homethe samedistancenbacko as the structure at 5023 Nob Hill Drive The subject property is currently a vacant lot. Applicant is requesting a 10 foot front yard setback variance to place a single family residence within twenty feet of the property boundary. The lot in question is located at 5025 Nob Hill Drive within the Nob Hill subdivision development. Edina Zoning Ordinance No. 825 states that single family dwelling units on lots 75 feet or more in width must maintain a minimum front street setback of 30.feet. Applicant has submitted the variance request due to existing grade conditions of the site and the desire to vegetation and large oak trees to the rear of the subject rve existing Applicant claims that the subject property slopes severely efrom east to west, reducing the area for possible building pad location. Plan review and site inspection confirmed that the lot in question does indeed slope severely from curb side towards the rear of the property. In addition, the site itself and the neighborhood in general has a number of significant mature tree massing worthy of preserving. Site plans indicate that the proposed residential housing unit will be a single story hipped roof structure that will be built on a first floor grade elevation of approximately 900 feet. The site plan indicates that the ridge of the roof would protrude approximately 20 feet above the street Although the proposed home would be ten afeet de lClosernto of the front yard curb line, it would not obstruct the view enjoyed by surrounding properties due to it's lower elevation. Homes located on the lots 2, 3, and 4, across the street to the east of the subject property have been built at a much higher elevation and e , therefore would not be impacted by the submitted request. The vacant lot located north of the subject property is a "flag" or "neck" type lot with narrow street frontage. This lot will require a substantial setback of the buildin therefore, would also not be affecctep so dby the proximity ad from the curb line ethe proposed home to the street. The home located on the lot south of the subject property (5023 Nob Hill Drive) had a to foot setback variance request granted due to similar site conditions. similar setbacks of the subject property and the keeping to south would provide a more consistent looking street r scape thanthe if full setbacks were to be imposed on the property is one of the few remaining vacantrtlhe ots T ithinjtect he subdivision so similar requests are not anticipated nor would site conditions of other properties warrant front yard setback variances. Recommendation: Staff recommends approval of the submitted request based on the topographical limitations of the site, from the curb Imposing 30 foot setbacks line would cause unnecessary undue hardship for development of the site. In addition, it is staff's opinion that a 10 foot setback variance would tie in the front yard setbacks of the home to the south giving the neighborhood a more consistent appearance. II" I tl ' loll t hdM'���t•-� '33.'�ai.�� C1�1"O� '�"7b1t'`IC,7�� -i WA �-rac� cvd w 2yo r rC ��I1�11 Y AlR�wwr. w15a4�ir�d���Vi+wr.r. .r r....14d � . 1 ;;;'•;� spa u . .. ?. � - d1 `fr-t'-".•.t_r . ',�«:. `ole ' � Fra:•:. '. 4i Yii r ' •' � N � a -+t • .. M _SE. :�0 g � .._ Rj __ .•ti - t e'` t 'M rey eq a N f Y .. 1 4 r f 1 CD ^ , µ I um I ^----...: EDINA BOARD OF APPEALS AND ADJUSTMENTS MINUTES OF THE REGULAR MEETING HELD THURSDAY, March 3,> 1983, AT 5:30 P.M. EDINA CITY HALL. MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Chairman Jim Bentley, Rose -wary Utne, John Palmer and Clark Miller STAFF PRESENT: Harold Sand, Assistant Planner Linda Elsen, Secretary 1. APPROVAL OF THE MINUTES: No minutes to be approved. 11. NEW BUSINESS: B-83-6 Ron Clark, 5023 Nab Hill Drive Lot 1, Block 1, Oak Ridge of Edina Request: 10 foot front yard setback variance Mr. Harold Sand reported that Mr. Clark proposes construction of a new dwelling on the northwesterly lot in the subdivision. The lot Is 100 feet by 377 feet, however, the westerly portion Is encumbered with a conservation easement. The remaining lot area is approximately 131 feetdeep on the north and 203 feet deep on the south side by 100 feet wide. The buildable lot area, excluding setbacks, averages 92 feet deep by 85 feet wide or 7800 square feet. The site is heavily wooded with mature oak and other trees. The topography is steep with a fall of 36 feet from front to back within the buildable area. { The proposed dwelling has and overall depth of 80 feet including the rear deck. The depth is large because . - garage is placed at an angle in front of the dwelling. Mr. Clark is requesting a 10 foot variance to permit the front corner of the garage to maintain a 20 foot setback. The ordinance requires a 30 foot setback. it should be noted that the dwelling and garage maintain adequate setbacks from the constructe# portion of Nob Hill Drive. The setback variance is r=equested from an unused portioi of right-of-way reserved for the extension of the road when the northerly adjacent property is developed. Mr. Sand noted that Mr. Clark is attempting to minimize the amount of fill used on the site and proposes a garage elevation of 894 and a basement elevation of 882. Thes elevations are lower than the street grade which is 904. The proposed building elevation requires a private lift for sewer service. The garage has been located approximately 70 feet from the street to permit a driveway with a 10 foot decline at a 14 percent grade. The proponent argues that the other configurations require excessive foundations and fill or very steep driveways.. The garage and driveway will be recessed 5 feet from grade and protected with a retaining wail. The front corner of the garage roof will be 5 feet above grade and approximately 2 feet above the future street elevation. Mr. Sand pointed out that the neighborhood is undeveloped with a number of lots that have similar topography and vegetation. Recently, the Board issued a 15 foot front yard variance for another lot in this subdiy..ision-at the,n� or'thwest corner of of Normandale Road and Nob Hill Drive. le 1 17, e. Board of Appeals and Adjustments March 3, 1983 Minutes Page two He stated that the site and proposed plan have a number of favorable characteristics that should be considered for a variance. The steep topography and vegetation increase the difficulty of development without variances. The site is at the end of a short cul-de-sac and the dwelling maintains an adequate setback from the existing street. It is not clear when the street may be extended. The triangular shaped encroachment on the setback is approximately 140 square feet. The garage will be recessed into the ground minimizing the visual Impact of the variance. The site is located on a curved portion of the roadway without a uniform building line to preserve. Mr. Sand also commented that there are a number of conditions that Indicated a variance may not be appropriate on the site. The site has adequate area for a variety of conforming floor plans. The depth and shape of the proposed dwelling tends to increase the problems with the grade on the site. The present plans may be adjusted to provide a conforming structure. The proposed variance may tend to set a presedent for other variances In the neighborhood. Mr. Sand concluded by stating if the Board determined a variance should be granted, the Staff recommends the following conditions: 1. The variance is limited to the pians presented and 2. The basement floor elevation is limited to 882 plus or minus 1 foot and the garage elevation is liminted to 894 plus or mines 1 foot. Ron Clark was present to answer any questions. John Palmer wondered what would be necessary in order to make the dwelling conform. Ron Clark explained that he had thought through each possibility. To have the garage along side of the house would cause the driveway to run directly down the hill. He noted that the proposed location of the garage best preserved trees located on the property. it allowed for a more direct access to the garage as opposed to an "L" shaped situation. Mrs. Glen Knobiauch, 5141 Dannens pr. wondered If the lot was platted wisely. She felt •the more fill needed would only cause erosion. Rose-mary Utne questioned if an "L" shaped situation would need a variance. Mr. Sand noted a 20 foot setback would be required. Clark Miller commented that a smaller garage would not be suitable for a house of this size, John Palmer stated that in view of the extreme topography on this particular lot which creates a unique condition, he would move for approval of granting the variance subject to the conditions stated by Staff. Rose-mary Utne agreed that this particular request could not set a presedent because of it's uniqueness and seconded the motion. All were in favor, the motion carried. Board of Appeals and Adjustments March 3, 1983, Minutes Page three Ron Clark said he was also the owner of the neighboring lot and confirmed that it contained different circumstances and would not require a similar variance. Ill. ADJOURNMENT Clark Miller moved for adjournment and John Palmer seconded the motion. All were In favor, the motion carried. The meeting was adjourned. Respectfully submitted, Linda D. Eisen Secr6tary 'CITY OF EDINA MEMO City Hall • Phone 952-927-8861bti,•^`rt� Fax 952.826.0389 • www.Cityo(Edina.com Date: May 9, 2012 To: Planning Commission From: Cary Teague, Community Development Director Re: Subdivision of lots less than 9,000 square feet in area and 75 feet in width This topic was discussed by the Planning Commission last on January 25, 2012. The general consensus of the Planning Commission at that time was to consider an Ordinance Amendment that established the minimum lot size in Edina to be consistent across the R-1 Zoning District. To accomplish that, the median lot width, depth and area of all properties within 500 feet would establish the minimum lot size requirement. This would be consistent with the current regulations for lots over 9,000 square feet in size. Additionally, the Commission suggested offering the PUD Zoning District to all properties within the R-1 or low density zoning districts, in an effort to provide an additional tool for the City to encourage more creative development when considering new redevelopment projects. Attached is an Ordinance amendment that would establish both of these items. Staff was also asked to investigate the number of 100 -foot lots in the 50 -foot lot platted area. The attached maps demonstrate that there are about 26 100 -foots in the Morningside area; there is about 20 100 -foot lots in the middle section of Edina, south of 52nd Street, north of the Crosstown; and about 20 more in the north west corner of Edina. City of Edina - 4801 W. 50th SG • Edina, MN 55424 ORDINANCE NO. 2012-_ AN ORDINANCE AMENDMENT REGARDING MINIMUM LOT AREA AND DIMENSIONS IN THE R-1 DISTRICT The City Council Of Edina Ordains: Section 1. Subsection 850.11. Subd. 5. is amended to add the following definitions: Subd. 5 Requirements for Lot Areas and Dimensions. A. Minimum Lot Area. 1. Single Dwelling Unit B. Minimum Lot Width. Single dwelling unit building Existing text -- XXXX Stricken text -- X= Added text — XIX Whiet aFea greateF than 9,000 squaFe feet, then The minimum lot area shall be not less than the median lot area of the lots in such neighborhood at d6floW in Section 810 of this Code; he lot 6 in a in let-witl+a4iiedian lot width gr-eate feet,thall 75 then The minimum lot width shall be not less than the median lot width of lots in such neighborhood as definedln Section 810 of this Cade. C. Minimum Lot Depth. Single dwelling unit building 120 feet, PFOVided, heweveF Phe -let is in a neighb—h-ed as define than 120 feet, then— The minimum lot depth shall be not less than the median lot depth of the neighborhood as defined In Som 010. of this Code. For reference, below is the regulation in Section 810: Section 810 Median. The value (being, in this Section, lot area, lot depth or lot width, as the case may be) in an ordered set of such values below which and above which there is an equal number of such values, or which is the arithmetic mean of the two middle values if there is no one such middle value. Neighborhood. All lots in the Single Dwelling Unit District as established by Section 850 of this Code which are wholly or partially within 500 feet of the perimeter of the proposed plat or subdivision, except. A. Lots used for publicly owned parks, playgrounds, athletic facilities and golf courses, B. Lots used for conditional uses as established by Section 850 of this Code; or C. Lots separated from the proposed plat or subdivision by the right of way of either T.H. 100 or T.H. 62. If the neighborhood includes only a part of a lot, then the whole of that lot shall be included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 500 feet shall be measured from the common line of the street and the proposed plat or subdivision. Existing text - XXXX 2 Stricken text - X Added text - Section 2. Subsection 850.04. Subd. 4.D.2.a is amended to add the following definitions: D. Procedure for Rezoning to a Planned Unit Development (PUD) District. 2. Applicability/Criteria a. Uses. All permitted uses, permitted accessory uses, conditional uses, and uses allowed by administrative permit contained in the various zoning districts defined in Section 850 of this Title shall be treated as potentially allowable uses within a PUD district, provided they would be allowable on the site under the Comprehensive Plan. R epeis GUFWtly , Section 3. 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. Existing text -- XXXX Stricken text — XYM Added text -- XXXX City of Edina N7gMlgkNd Fo.wr. ,,Jed c lurreutuknq Noueo Numeor t34 L.Mis ��•-„ 7ar°r te Aut *L;D aut IQ, Etnel Nama LiWlo ILf tOx },u City LJmNf m" tPC ea Jaz Creaks 7M 408 �yj'•"""� �,o tu; 0 Lake Nam& Jit JtYi 709... im Lakea JOS }PI A•R7 7aJ -- �� Parks .tf}7n }r,( 7f} UJ Parcol. 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JM) feel 4it+1 4k9 JD.'�9 0104 4m fart „"•""'— fS10r falf Sheet Name Labeh ^/ Gry umllt Catki 4C41f +Hirt op 4ces Ltkt tatmtt Lak.4 44 '2 401f ,. 41.111 4wA.F' 0001 1Ia, 44::1 i � Pirkt 4410 4441 ...4114 atl4 �w'"^�.. lJ tPIJ 44fA e 44f9 Jafl17 JOTI tall 4415 1018 AA1J J01ti 1074 4W 400 4419 0121 a0ae 4en1 40I1 4,314 un ..—.<.... 4t I4 Iaxr Ja:a JC71 .Jars f iffJ 4,4.5 N Ittrl f1A1 41vI 4lOt ._._ .... y, A � 4,04 I 1113 Jeal 14 4,15 , 0104 4}1r1 4118 4111 4110 0111 0114 J10i trt 4d OJ 4hV 47.0 4118 4115 A �T4f 1 PID: 0702624130036 fa Ij� a ~4023 Lynn Ave '�' Of -' 4 4• Edina, MN 55416 I Topic: Subdivision of lots less than 9,000 square feet in area and 75 feet in width Date Introduced: January 25, 2012 Date of Discussion: January 25, 2012 Why on the list: As a result of the recent subdivision requests on Brookview and Oaklawn, members of the Planning Commission have expressed concern in regard to approving subdivisions that require lot width and area variances. History: In the last five years the city has received five (5) requests (listed below) to subdivide properties into lots that were less than 9,000 square feet in area and 75 feet in width. (See the locations on the attached Exhibit Al.) Please note that all of these requests were made in the area around Pamela Park. Three of these requests were approved; one is pending review by the City Council, and one was withdrawn by the applicant before action was taken. Requested Subdivisions in the last five years 1. In 2006, the property at 5901 France Avenue received variances to build four (4) 66 -foot wide lots consistent with the area. 2. In 2008, 6120 Brookview (a 100 -foot wide lot) was proposed to be divided into two (2) 50 -foot lots; however, the applicant withdrew the request before action was taken. 3. In 2009, a 100 -foot lot at 5920 Oaklawn was granted variances to divide into two (2) 50 -foot lots. 4. In 2011, the property at 5829 Brookview was granted variances to divide into two (2) 50 -foot lots. 5. In 2012, the property at 6109 Oaklawn received a recommendation of approval from the Planning Commission to divide the property into two (2) 50 -foot lots. Decision Point: Should the City amend its ordinances regarding the city's minimum lot size requirements in the R-1 Zoning District. Options: There are many options on how to address the issue. Before deciding on any one option, a goal should be established up front as to what the City wishes to accomplish in changing the ordinance. As an example, do we wish to prohibit this type of subdivision, or do wish put greater control or review authority over them? If it is the size of the homes that are being built on these lots that is the concern, than do we need to tighten up our setback and lot coverage standards. As Planning Commission is aware, we spent over a year considering changes to address the massing issue. When compared to other similar cities we have some of the toughest regulations on development on smaller lots. Some options that may be considered; 1. Leave the requirement as it is today. This would enable the City discretion in approving these types of subdivisions on a case by case basis. 2. Amend the Zoning Ordinance to allow 50 -foot lots in the Pamela Park area. This would require a rezoning of the area, so to separate it from the current R-1 standards in other residential areas of the City. 3. Amend the Ordinance to establish the minimum lot size to the median of all lots with 500 feet, similar to the minimum lot size in neighborhoods where lots exceed 9,000 square feet in size and 75 feet in width. That would establish a consistent minimum lot size all across Edina. 4. Create an overlay district. Again, there may be several other options to consider? For Discussion: The City Council has expressed interest in having a work session with the Planning Commission to discuss the issue further. The Planning Commission is asked to discuss the issue and frame up a potential work session agenda with the City Council on how to address the issue. Attached for consideration is a map that shows where these subdivision requests have occurred; (Exhibit Al.) sections from the Comprehensive Plan regarding residential districts; (Exhibit A2—Al2.) and the current zoning ordinance requirements.(Exhibit A13—A17.) I I P. =j% r. I mor tot'! ref* � r� r r► 1 r%, I I , �- �_■ a • s i r'�j*i'.+��/��'��� � ♦♦ w� . r I�i�6'fn-�r M,I�t. �rrllr r1uM I I IIN. �=• 44,` ... �.:I r'.. • a II ■ ■ r _.� ►��,,, a 7r ■ ., . �J r .c• ►QSi1.'� G cI►s li 11 11 �r •\y. ■r ►,r�u ►O+j� r ►}.rrl 1i ■. I.���l� .�I��rij`tl �'nr ltrrq►w �i. {���r i It�+, +1 Who r r .. 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Southdale is now over fifty years old. Victor Gruen's vision of mixing uses on a single property has been refined to include the vertical mix of uses. The significance of mixed use development lies in its ability to create synergies between different land uses, similar to Southdale's inclusion of two large stores. The benefits are many: different land uses can reinforce one another, have the potential to reduce vehicle trips, and inject more community life into commercial areas. When residential is in close proximity to certain types of retail, there is a "built-in" market that provides a market for the retail. In this manner the Future Land Use Plan seeks to provide a greater flexibility to allow mixed use in areas where it is appropriate. Existing Land Use Categories Figure 4.1 illustrates the pattern of existing land use as of 2005. The categories on the map are described as follows: .„Single -Family Residential Single -Family Detached. Residential neighborhoods are the dominant land use within the city, and single-family housing is the dominant housing type. Neighborhood character varies based on era of construction, scale of development, and landscape influences, as described in the Community Design section of this chapter. The most common residential type consists of post-war contemporary single-family homes on wooded lots along curvilinear streets. About 53 percent of the city's land area is occupied by single-family detached housing. Multi -Family Residential Single -Family Attached. This land use consists of residential units with common walls, where each unit has direct exterior access. In Edina the most common building types are townhouses and duplexes (two-family dwellings). Townhouses tend to be clustered close to highway or major road corridors, while duplexes are often found in narrow strips along major thoroughfares such as Vernon and France avenues as a kind of buffer for adjacent single-family detached housing. Multi -Family. This land use is defined by the multiple -unit building type where each individual unit does not have direct ground floor access to the outside. Multiple family developments are concentrated primarily along the main traffic arteries and are generally located toward the edges of the city, often in proximity to retail business establishments. Concentrations of multi -family development are found along York and France avenues, Vernon Avenue, Lincoln Drive and Cahill Road. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-3 Character Districts In order to establish principles for community design in the future, it is important to understand the City's historical development patterns and existing character. Historical development is discussed in Chapter 6. The manner in which the City evolved from rural village to streetcar suburb to postwar planned community allows us to define a series of character districts: neighborhoods, commercial nodes and districts or corridors that share a distinctive identity based on their built form, street design, landscape elements and other features, sometimes including prevalent architectural styles. Character districts are broadly delineated in Figure 4.2 and described below. It should be recognized that the 'boundaries' between these districts are often quite indistinct and that many districts share common features or elements. Principles and guidelines for character districts are described in the next section of this chapter. This section also includes specific guidance for a few geographically defined areas where redevelopment is most likely to occur. Residential Character Districts Traditional Neighborhood The oldest areas of suburban development, built in the early 2e century in what was then a largely agricultural village, served by streetcar lines to Hopkins and bake Harriet - Minneapolis. Areas are centered in and around the formerly independent village of Morningside, the 501" and France commercial district, and the West Minneapolis Heights and Mendclssohn subdivisions bordering the streetcar line in northwest l :dins. Characteristics: straight streets, smaller blocks and relatively smaller lots than in later development. Most streets have sidewalks. Bungalow styles are common in the Morningside area. West Minneapolis Heights contains a variety of vernacular Midwest styles, combined with significant numbers of postwar homes. Garages, where present, are usually detached and served by side yard drives or (rarely) alleys. Edina Comp Plan Update 2008 Chapter 4: land Use and Community Design 4-9 Garden Suburb planned communities designed to provide high standards of services, amenities and maintenance for upper-class residents. The County Club District is a nationally recolplized example of this type, developed by realtor Samuel Thorpe beginning in 1924 on 300 acres in the old Edina Mills community. The district was designed by landscape architects Morelland Nichols with contoured streets, shade trees, parks and landscaped open space, north of the l"Ana Country Club golf course. Building restrictions covered all aspects of architectural style, siting and property maintenance, as well as racial and ethnic restrictions. While the Country Club District is a historic district with defined boundaries, two nearby areas share similar characteristics: the Sunnyslope area west of Minnchaha Creek and the Interlachen area (Itolling Green and Hilldale), built adjacent to that country club. Both areas have larger lots than the Country Club District but similar street layouts. Edina Comp Plan Update 2008 NL� Chapter 4: Land Use and Community Design 4-10 Common characteristics: mature trees, regular building setbacks and massing, similar historical revival architectural styles (i.e., American Colonial, English Tudor, Drench Colonial). Interconnected and gently curved street pattern is punctuated by landscaped triangles and islands at intersections. The Country Club District has sidewalks and generous boulevards; the other areas do not. The Interlachen area is characterized by larger lots, larger homes and proportionally more green space. Postwar Housing makes up the largest component of the City's housing stock, with about 85% of all units built after 1950. Street patterns in postwar neighborhoods vary widely, from a loosely rectilinear or contoured grid (one that often predated the housing) to an almost circular grouping focused on an internal park (i.e., Brookview Heights). Postwar Traditional housing is typified by the Cape Cod, Rambler, and split-level styles. Garages, where present, may be detached or attached but recessed behind the primary fa5ade. These districts are located primarily in the northern half of the city. Street patterns are generally a loosely organized grid, but become more curvilinear in areas west of Hanson Road. Sidewalks are uncommon. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-11 "By the 1950s, the influence of Frank Lloyd Wright's prairie style horizontal roofs and functional "Usonian" houses had filtered down to the developers' vernacular. ... Many Edina houses of this era are well -crafted with stone exterior elements, hardwood floors ' and plaster walls," I"(fint,Mafsing StIMlY Postwar Contemporary housing includes a more diverse and eclectic mix of architectural styles, collectively termed "Pastoral Modern" in the Edina Massing Ru4y, Homes are oriented with the long axis parallel to the street (like the earlier rambler style), and lots tend to be wider than in older neighborhoods. Garages tend to be attached and front -loaded. Mature vegetation gives these neighborhoods settled character. Duplexes were located along more heavily - traveled streets (France Avenue, West 70"' Street) as a transitional element, apparently in order to buffer adjacent single-family housing from traffic while perhaps providing more affordable housing options. Edina Comp Plan Update 2008 4-12 Chapter 4: Land Use and Community Design Postwar Garden Revival is a term used to describe one specific district: the Indian Hills neighborhood and vicinity north of the Braemar Park golf course in the city's hilly southwest quadrant. This area is similar to the earlier Interlachen area in that streets wind around the steep contours, lots are large, and a high proportion of trees have been retained. Multifamily Concentrations. Multifamily housing, including townhouse condominium, and apartment complexes, tends to be clustered in specific districts or enclaves close to major thoroughfares and often in proximity to parks and shopping districts. Building size, scale, style and materials vary greatly among these developments. Landscaping is frequently used to define entries or as a buffer from adjoining roads or surrounding development. Edina Camp Plan Update 2008 �t Chapter 4: Land Use and Community Design t 4-13 City 4t Edina 2008 Comprehensive Plan Update Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design Figur* 4.2 Character Districts 0 � 05 Miffs 0 4-18 4.3 TRENDS AND CHALLENGES The city of Edina, as a "developed" municipality, has a host of land use issues that it shares with other similarly -designated municipalities, as well as some challenges that are unique to the community. As the City continues to mature, redevelopment of existing land uses becomes a priority in order to adapt to changing conditions and future challenges, and to retain Edina's high degree of livability and commercial success as a regional retail and office center. Current land use issues include the following: • Redevelopment. The city currently has very little undeveloped land that has the potential for development. Therefore, it is redevelopment that will meet the needs posed by changing demographics and private market conditions.. Redevelopment projects should dynamically respond to the rigors of the marketplace, provide excellence in design and offer clear community benefits. What guidance can the city provide developers regarding acceptable design elements and project intensity? ■ Development review and approval process. The current zoning and land development review system provides limited scope and discretion to adequately address building, site, and community design issues. • Transportation choices. How can the land use plan foster transportation options for residents and workers who desire an alternative to the private automobile? A transportation network that allows for additional transit and non -motorized travel options increases the movement capacity of the existing public right-of-way and capitalizes on resident needs for more active lifestyles. ■ Teardowns and infill development. High land prices and scarcity of available land within the city have resulted in a sharp increase in single- family home redevelopment. New housing is often significantly larger than existing adjacent housing, particularly in small -lot neighborhoods, and can appear to visually overwhelm these homes, block views or cast shadows on them. There has been considerable public discussion about the appropriate massing, height and proportions of architectural elements in established neighborhoods. How can the City balance the desire of some residents for larger homes with state-of-the-art features and developers seeking to offer housing units that appeal to today's market, with the interests of neighbors who object to the size and scale of some new construction? Edina Comp Plan Update 2008 A Chapter 4: Land Use and Community Design 4-19 visually prominent, signage is designed to be legible at driving speeds, landscaping remains limited, and connectivity to surrounding uses is inconvenient or even dangerous for non -driving customers. Although in some cases, zoning requirements may have guided the placement of buildings within large expanses of parking, site plans are often lacking in landscaping and pedestrian amenities that could mitigate environmental and transportation -related impacts. When buildings are set within wide expanses of parking, customers and workers are discouraged from walking to nearby destinations, so travel for short trips is predominantly by car, further adding to traffic congestion. Superblocks and Lack of Connectivity. The development of large parcels as signature planned developments, such as Southdale Shopping Center, Edinborough and Centennial Lakes, has contributed significantly to Edina's identity and differentiation from comparable Metro area communities. However, one consequence of this type of development is an absence of street connectivity to surrounding neighborhoods and through the development itself. Instead, vehicular traffic is funneled onto a few local streets where capacity is often not adequate to meet the need. For instance, France and York avenues bear a local traffic burden that could be better accommodated through a more diffuse street network. The "superblocks" created in the southeast quadrant of the city reshape traffic patterns and travel modes to discourage non -motorized transportation within the district and fracture linkages to surrounding residential neighborhoods. 4.4 GOALS AND POLICIES: FUTURE LAND USE PLAN AND COMMUNITY DESIGN GUIDELINES Land Use Goals 4, 1. Protect and preserve the essential character of existing residential neighborhoods. 2. Preserve and maintain housing that serves a range of age groups and economic situations. 3. Facilitate the development of new housing and recreation facilities that accommodate the special needs of aging City residents. 4. Encourage infill/redevelopment opportunities that optimize use of city infrastructure and that complement area, neighborhood, and/or corridor context and character. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design � � 4-21 Guidelines: Low- Density Design (Residential) 1. Control the scale and massing of infill housing to make it reasonably compatible with established residences. Recent zoning changes have addressed this issue. Future zoning changes should refer to and consider the Recent zoning changes to address the massing issue: • Measuring building heights from existing grade, rather than proposed grade; • Creation of a sliding scale of setback requirements based on lot width to increase the separation between houses on narrow lots; • The elimination of bay windows as an exception into the required setback; • The first floor elevation of a new home may not increase the first floor elevation from the previous home on the lot by more than one foot. Character Districts described earlier in this chapter. Other techniques that may be considered include: • a graduated scale, or floor area ratio that relates building size to lot size; ■ an impervious surface maximum to ensure that a reasonable percentage of each lot remains as green space, for aesthetics and stormwater management; • design standards that guide the stepping back of building mass and height from adjacent residential buildings and parks. 2. Building and garage placement. Many neighborhoods and individual blocks have an established pattern of building placement, spacing, landscape treatments, front yard setbacks and garage placement that combine to convey a particular neighborhood character. For example, most garages in the City's older traditional neighborhoods are detached and located within the rear yard. While new construction is likely to vary from this pattern, some limits on the degree of variation may be appropriate in areas such as historic districts. For example, the following guidelines should be considered: Edina Comp Plan Update 2008 t � 4-42 Chapter 4: Land Use and Community Design • The width of front -loaded garages is limited so that they occupy no more than a defined percentage of the front fagade; • Driveway width at the curb is limited; • Front -loaded garages may be required to meet the same setback as the rest of the front fagade. These and similar techniques could be considered as part of a 'conservation overlay' option within the zoning code. 3. Integration of multi -unit housing into transitional areas. As mentioned under "Character Districts, Postwar Contemporary Housing," duplexes were located along many major thoroughfares in Edina as a kind of buffer or transition to the adjacent single-family housing. Today this housing type is in need of updating or replacement in many locations, and high land and redevelopment costs create pressure for higher -density housing types. Townhouse complexes have been constructed in locations such as north France Avenue. The challenge is that in many locations the duplexes are only one lot deep, which makes it difficult to provide an adequate transition to single-family scale. The following guidelines broadly address the issue of integrating multi -unit housing into lower -density, primarily single-family neighborhood transitional areas. Single-family characteristics. Attached and multifamily housing should emulate single-family housing in its basic architectural elements — pitched roofs, articulated facades, visible entrances, porches or balconies. Taller buildings should step down to provide a height transition to existing adjacent residential buildings. Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design 4-43 City of Edina Land Use, Platting and Zoning 850.11 uses shall cease and the building and land shall then be used for only principal uses, and accessory uses permitted in the zoning district in which the land is situated, or allowed conditional uses pursuant to the grant of a conditional use permit. D. Conditional Interim Uses. I. only the following interim uses are allowed subject to the grant of a conditional use permit: a. administrative offices and meeting rooms for private non-profit organizations, and counseling services, which, together with the other such offices and meeting rooms in the same public school building will, in the aggregate, occupy 35 percent or more of the gross floor area of the building; and b. administrative offices and meeting rooms for private non-profit organizations, and counseling services and schools for teaching music, arts, dance or business vocations which are open for operations between 6:00 P.M. and 7:00 A.M. on three or more days per week. 2. No conditional use permit shall be issued unless the Council finds that the hours of operation of the proposed use(s) will be complementary to other uses in the building or on the property and will not adversely impact the residential character of surrounding properties. Subd. 511equirements for Lot Areas and Dimensions. A. Minimum Lot Area. 1. Single Dwelling Unit 2. Elementary School 3. Junior high schools, senior high schools, seminaries, monasteries, nunneries, and community centers 4. Religious institutions 9,000 square feet provided however, if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot area greater than 9,000 square feet, then the minimum lot area shall be not less than the median lot area of the lots in such neighborhood. 5 acres l0 acres, plus I acre for each 150 pupils of planned maximum enrollment. 3 acres. S. Day care facilities, pre- 2 acres schools and nursery schools B. Minimum Lot Width. HE 850-59 Supplement 2011-01 City of Edina Single dwelling unit building a C. Minimum Lot Depth. Single dwelling unit building Land Use, Platting and Zoning 850.11 75 feet, provided however, if the lot is in a neighborhood as defined in Section 810 of this Code, which has lot with a median lot width greater than 75 feet, then tile minimum lot width shall be not less than the median lot width or lots in such neighborhood 120 feet, provided, however if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot depth greater than 120 feet, then the minimum lot depth shall be not less than the median lot depth of lots in such neighborhood. D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1. Subd. 6Requirements for Building Coverage, Setbacks and Height. A. Building Coverage. 1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 3. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Front Street Side Interior Side Yard Rear Street Yard 1, Single dwelling 30'** Is, 101 25' unit buildings on Lots 75 feet or more in width. 850-60 Supplement 2011-01 City of Edina Land Use, Platting and ?.cloning 850.11 2. Single dwelling 30'** 15' The required 25' unit buildings on interior yard lots more than 60 setback of 5 feet feet in width, but shall increase by less than 75 feet in 1/3 foot (4 inches) width. for each foot that the lot width exceeds 60 feet.' 3. Single dwelling 30'** 15' 5' 25' unit buildings on 60 feet or less in width. 4. Buildings and structures accessory to single dwelling unit buildings: a. detached garages, -- 15' 3' 3' tool sheds, greenhouses and garden houses entirely within the rear yard, including the eaves. b. attached 30' is, 5' 25' garages, tool sheds, greenhouses and garden houses. c. detached garages, -- 15' 5' V tool sheds, greenhouses and garden houses not entirely within the rear yard. d.unenclosed decks 30' 15' S' 5' and patios. e. swimming pools, 30' 15' 10' 10' including appurtenant equipment and required decking. f. tennis courts, 30' 15' 5' 5' basketball courts, sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. g. all other 30' 15' 5' 5' accessory buildings and structures. 5. Other Uses: .. 850-61 Supplement 2011-01 Cit- y of Edina Land Use, Platting and Zoning 850-11 a. All conditional 50' 50, so, so, use buildings or structures including accessory buildings less than 1,000 square feet; except parking lots, day care facilities, pre- schools and nursery schools b. All conditional 95' 95' 95' 95, use accessory buildings 1,000 square feet or larger. c. Driving ranges, 50' 50, 50, 50, tennis courts, maintenance buildings and swimming pools accessory to a golf Course. d. Daycare facilities, 30' 35' 35' 35' pre-schools and nursery schools. ** See Subd. 7.A.1. below for required setback when more than 25 percent of the lots on one side of a street between street intersections, on one street of a street that ends in a cul-de-sac, or on one side of a dead end street are occupied by dwelling units C. Height I , Single dwelling units buildings and 2'/a stories or 30 feet structures accessory thereto. whichever is less 2, Buildings and structures accessory to I V?, stories or 18 feet single dwelling unit buildings, but not whichever is less attached thereto. 3. All other buildings and structures 3 stories or 40 feet whichevci is less 4. The maximum height to the highest point on a roof of a single or double dwelling unit shall be 35 feet. The maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. in no event shall the maximum height exceed 40 feet. Subd. 7Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. 850-62 Alt supplement 2011-01 City of Edina Land Use, Platting and Zoning 850.11 1. Established Front Street Setback. When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or on one side of a dead end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows: a. if there is an existing dwelling unit on an abutting lot on only one side of the lot, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot. b. If there are existing dwelling units on abutting lots on both sides of the lot, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. c. In all other cases, the front street setback shall be the average front street setback of all dwelling units on the same side of that street. 2. Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. 3. interior Side Yard Setback. `file required interior side yard setback shall be increased by 6 inches for each foot the building height exceeds 15 feet. For purposes of this subparagraph, building height shall be the height of that side of the building adjoining the side lot line and shall be measured from the average proposed elevation of the ground along and on the side of the building adjoining the side lot line to the top of the cornice of a flat roof, to the deck line of a Mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch -type roof, to the average distance of the highest gable on a pitched roof, or to the top of a cornice of a hip roof. 4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet in length or if the lot forms a point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line. 5. Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages. 6. Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not Front shall be not less than 25 feet. 850-63 AO Supplement 2011-01 *.J City Hall • 4801 W. 50th St.. Edina, MN 55424 Phone 952-927-8861 • Fax 952-826-0390 * www.CityofEdina.com Date: May 9, 2011 To: Planning Commission From: Cary Teague, Planning Director Re: Zoning Ordinance Amendment — Drive Through Facilities As recommended by Julie Risser of the Energy and Environment Commission, attached is a draft Zoning Ordinance Amendment that would eliminate restaurants from having drive-through facilities in the PCD -1 Zoning District. To simplify the Ordinance, the conditions that were previously suggested to apply to all drive-through facilities have been eliminated. This returns the ordinance to its original condition prior to the requested drive-through at Valley View and Wooddale, that was never constructed. (`itv nF Fd;nn 9 AAOI Wwct 5nrh Stmt * Minn MN 55d?d ORDINANCE NO. 2012— AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF DRIVE-THROUGH FACILITIES IN THE PCD -11 PLANNED COMMERCIAL ZONING DISTRICT 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 5-.44 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. 6. Levels of noose, light, and 8iF qUality shall be mea6uFed a PFOPeFty liner, and shall satisfy established State FegUWWRs. Section 2. Sub Section 850.16. Subd. 2 is hereby amended as follows: Restaurants, but exciudft'dri -inn and drive-through I*s 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 financial institutions, and ii) r rants and food establishments as defined in Section M of the City +bode. A res' waa�-+ ---ay have -a dFive through faGility s 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 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 City Hall * 4801 W. 50th St., Edina, MN 55424 Phone 952-927.8861 * Fax 9S2-826-0390 * www.CityofEdina.com Dates December 14, 2011 To: Planning Commission Froms 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: G Setback Requirement Drive-through facilities must be locate_ d at least 300 feet from single-family residential homes or property zoned single-family residential. H Non ldling Signs Non -Idling signs must be posted in view of patrons in all drive- through lanes. I Traffic & Circulation Drive-through facilities shall be subiect to Subdivision 6 of Section 850.08 of the City Code. J Traffic Impact Stud y A traffic impact study assessing the following must be prepared: 1 Current traffic conditions of areas within 1000 feet of the proposed 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 of Minn * AR01 Wali 25(16 ShAAt 0 Minn MN SSA?A 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 post -development traffic. 5. Any other information the Engineer requires to determine if the orderly and safe movement of traffic is maintained K. Alr ualiy Standard. Drive-throughs 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 Restaurantl 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 54th 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 htto:Zledina.granicus.com/MetaViewer.php?view id=3&cliR id=790&meta id=192 88 I 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 "Primi." 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 carne 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: http'//www oca state mn.us/index-ghp/view-document,html?gid=8906 A drive through restaurant changes the dynamic of a business node significantly. If a business would like to pursue one it could be part of a studied Planned Use Development or PUD. 2 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 CA mstaufant in the PGD 1 D--*_ 40 staoi(ing spnee per 4.5. 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. F. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service windows and two audio systems and menu boards. 4 l e e1 f + isc= sketll-I}e eas a l al PrOp-e-ty-Iffiesd shall sati* es lid -�-�tlat:ians F.Q 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 Re uirement. Drive-through facilities must be located at least 300 feet from single-family residential homes or property zoned single-family residential. H. Non-OhIg Signs..Non-Idling signs must be posted in view of patrons in all drive- through lanes. I Trcrfflc & Circulation Drive-through facilities shall be subject to Subdivision 6 of Section 850.08 of the City Code. J Traffic Impac! Stud A traffic impact study assessing the followingne prepared: I Current traffic conditions of areas within 1000 feet of the proposed location that investigate average and peak volume, speed sight lines, and accident information. 2 8.3.11 2. Average annual traffic growth. 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 safetythreats hreats through design so that the level of service prior to development is the minimum standard for post -development traffic. 5. Any other information the Engineer requires to determine if the orderly and safe movement of traffic is maintained K. Air Qualily 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, Subd.in Seetion 850.0?. 14-44 Subd 7 Accessory Uses in FCD -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. " rvat,,,,rfmt may Produce stands pursuant to a permit issued by the Manager 3