HomeMy WebLinkAbout2016 07-13 Planning Commission Meeting Minutes Regular Draft Minutes❑
Approved Minutes®
Approved Date:7/27/2016
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City Of Edina, Minnesota
, ' 4:1 Planning Commission
" "' -: Edina City Hall Council Chambers
July 13, 2016 7:00 P.M.
I. Call To Order
Chair Platteter called the meeting to order at 7:02 P.M.
II. Roll Call
Answering the roll call were: Commissioners Hobbs, Lee, Thorsen, Strauss, Olsen, Nemerov, Hamilton,
Bennett, Chair Platteter. Student Members Kivimaki, Ma. Staff Present, City Planner, Teague,Assistant
City Planner, Aaker, Communications Coordinator Gilenbach, Administrative Specialist, Hoogenakker
III. Approval Of Meeting Agenda
Chair Platteter filed the Agenda as submitted.
IV. Approval Of Meeting Minutes
A motion was made by Commissioner Thorsen to approve the June 22, 2016, meeting
minutes. Motion was seconded by Commissioner Strauss. All voted aye. The motion
carried.
V. Public Hearings
A. Public Hearing: Rezoning & Subdivision of 5901 Lincoln Drive, Opus Development
Company LLC —Continue Public Hearing to the July 27, 2016 meeting.
Motion was made by Commissioner Thorsen to continue the public hearing for 5901 Lincoln
Drive, Edina MN to the July 27, 2016, meeting of the Planning Commission. Motion was
seconded by Commissioner Lee. All voted aye. The motion carried.
B. B-16-11 Galleria Variance Request
Planner Presentation
Planner Aaker reported that the requests are for a 10.01 foot setback variance to construct a 17-foot tall, 20' x
60' protective canopy/Porte Cochere over a drive aisle and parking area as part of a proposed building
expansion for a net increase of 19,980 square feet of gross leasable area to the north east corner of the Galleria
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Mall. The Mall addition conforms to all of the zoning ordinance requirements with the exception of the canopy
setback and number of on-site parking stalls provided by the entire Mall site/Westin site parking ramp.
Approve the requested variances based on the following findings:
a) The practical difficult is caused by the current parking codes which do not recognize tenant mix
and shared parking opportunity.
b) The Porte Cochere encroachment into the setback is a very small area compared to the size of
the existing building and proposed addition on the site. The Porte Cochere is a minor overlap into
the setback, is an overhang structure and is not part of enclosed mall area.
C) The request is reasonable given that the improvements will enhance the entire mall and support
the Southdale Area Guiding Principles of public engagement, human scale and minimizing surface
parking.
d) The Parking assessment study concludes that there is adequate parking available.
Approval of the variances is also subject to the following conditions:
I. The Porte Cochere canopy, site plan and parking plan must be constructed as per the proposed plans
date stamped June 13, 2016.
2. Compliance with all of the conditions outlined in the director of engineering's memo dated July 6, 2016.
3. Nine Mile Creek watershed Permit is required
4. MDH, MPCA and MCES permits are required.
Appearing for the Applicant
Greg Houck, Cunningham Arch.
Discussion and Comments
Commissionersexpressed the following:
• Planner Aaker was asked about the usage of the ramp. Planner Aaker responded that the ramp is
regularly underutilized. She said there could be some hesitancy on the role of the ramp, if it's for the
Westin or Shopping Center.
• A question was raised if Edina has "shared parking language in their Ordinance, adding if it doesn't it is
something the City needs to address especially in the Greater Southdale Area.
• It was suggested that the Galleria look at any site redevelopment while keeping an eye toward future
changes in use in the neighborhood and on the Galleria site itself.
• It was suggested that more study needs to be done on the pedestrian access points to make them safer;
pointing out that area of the parking lot services multiple uses to include residential.
• It was also suggested that signage definitely needs to be added and or clarified. It was further suggested
that if there are earmarked "drop off" points they need to be better developed and clarified. It was
further noted signage could play an important role in traffic calming on the site; noting as presented the
pedestrian experience along with vehicle circulation is lacking on the plan presented.
• Use better signage or the media to let Galleria visitors know that the ramp can be used while they shop.
Again better clarify the ramps purpose.
• Concern was expressed on the cut-through nature of the drive aisle between the Westin and Ramp.
• Provide clear pedestrian connections and signage from the parking ramp across the drive-aisle and to
the Galleria.
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While the Commission stated they understood the proposed addition they expressed dissatisfaction with the
plans as presented, especially as they relate to pedestrian connections, and traffic calming measures for vehicles.
Adequate signage and clearer pedestrian points need to be developed.
Applicant Comments
Mr. Houck said that signage is proposed throughout the site. He pointed out that the Galleria has multiple
points of entrance and their goal is to face the mall outwards. Proposed Ramp signage should aid in clarifying
who can use the ramp.
Public Testimony
Chair Platteter opened the public hearing.
The following residents spoke to the issue:
Les Wanninger, 3209 Galleria, #1608 informed the Commission he resides at the Westin and his concern is
with cut through traffic.
Christine Warren, 3209 Galleria, #1302 told the Commission she has internal traffic flow safety concerns
especially for the senior population. Warren also noted that she supports retaining as much greenspace as
possible.
Chair Platteter asked if anyone else would like to speak to the issue; being none Commissioner Thorsen moved
to close the public hearing. The motion was seconded by Commissioner Strauss. All voted aye. The motion
carried.
Motion
A motion was made by Commissioner Thorsen to approve the Galleria Variance request based
on staff findings and subject to staff conditions. No second was offered.
A motion was made by Commissioner Nemerov to table the request to the next meeting of the
Planning Commission on July 27th, or to a future meeting to allow the applicant time to address
concerns over pedestrian connections, traffic calming and signage. The motion was seconded by
Commissioner Thorsen.
Chair Platteter offered an amendment asking the applicant to address/clarify traffic calming issues
to include pedestrian access points (crosswalks), way finding (appropriate signage) and
eliminate/reduce the option of using the drive aisle between the Westin and parking ramp for cut
through traffic and to better identify the ramp as a parking ramp for the Galleria Shopping
Center. Commissioners Nemerov and Thorsen accepted those suggestions.
Commissioner Nemerov said with regard to the request about cut through traffic that the
applicant could present solutions or reasons why it can't be done differently.
All voted aye to table the variance request to the meeting of July 27, 2016. Motion carried.
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C. Rezoning from PCD-4 to PCD-I & Preliminary Site Plan Review with Variances for Ted
Carlson at 4528 &4530 France Avenue, Edina, MN.
Staff Presentation
Planner Teague reported that Ted Carlson, Orion Investments is proposing to redevelop the properties at 4528
and 4530 France Avenue. The applicant is proposing to tear down the existing building at 4530 (former Rapid
Oil Change) and build an addition above the existing garage at 4528 France that would match the existing
building on that lot.A bank drive-through is proposed along France Avenue.
The plan is generally consistent with a sketch plan that was reviewed for redevelopment of the site back in 2011,
and most recently in April, 2016. At that time the plan was generally well received. The Council also concluded
that a small area plan was not required prior to rezoning. The proposed building is slightly smaller than the one
proposed in 2001. Teague said to accommodate the request the applicant is requesting the following:
• A rezoning of the Oil Change site (4530 France) from PCD-4 to PCD-I, Planned Commercial
District; and
• Site Plan Review with building, signage, parking and parking lot setback variances.
Planner Teague concluded that staff recommends that the City Council approve the Preliminary Rezoning from
PCD-4, Planned Commercial District to PCD-I, Planned Commercial District and Preliminary Development Plan
with the requested Variances to tear down the existing building at 4530 and build an addition above the existing
garage at 4528 France that would match the existing building on that lot. A bank drive-through is included in the
approval. Approval is subject to the following findings:
1. The proposed land uses are consistent with the Comprehensive Plan.
2. The proposed variances are reasonable. The practical difficulty is the small lot size, the single-family
homes to the west, and the existing structures and parking lots/drive aisles on the site.These conditions
make any redevelopment difficult. A code compliant free standing sign would potentially be blocked
from view on France if the proof of parking stalls were constructed.
3. The proposal is a vast improvement over existing conditions, which includes pavement that extends to
the lot lines. Green space has been added along west lot line and France Avenue.A lot of landscaping
has been added, including on top of the existing parking structure that will remain.A fence and
landscaping along the west lot line will provide an improved buffer to the single-family homes to the
west.
4. A parking study was conducted by WSB that concludes that adequate parking is provided within the
development. City Code required parking is not necessary for the site. A proof-of-parking plan is
proposed for additional spaces. These stalls are not expected to be needed, but could be constructed if
parking becomes a problem.
5. The site is uniquely located adjacent to single-family homes, and the existing nonconforming
underground parking structure is not common in this PCD-I Zoning District. These conditions were
not created by the applicant.
6. The proposed new building will enhance the character of the neighborhood, as it is a vast improvement
to the existing structure. The parking areas will also be improved by adding landscaping along the west
lot line, where there is none today. The landscaping and green space in front and in back of the new
building will also improve the character of the neighborhood.
Approval is also subject to the following Conditions:
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I. The Final Development Plans must be consistent with the Preliminary Development Plans dated June 17,
2016, and the materials board as presented to the Planning Commission.
2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning
Ordinance. A performance bond, letter-of-credit, or cash deposit must be submitted for one and one-half
times the cost amount for completing the required landscaping, screening, or erosion control measures at
the time of any building permit.The property owner is responsible for replacing any required landscaping
that dies after the project is built.
3. Compliance with all of the conditions outlined in the city engineer's memo dated July 6, 2016.
4. Provision of code compliant bike racks (5 minimum) near the building entrances.
5. Submit a copy of the Minnehaha Creek Watershed District permit. The City may require revisions to the
approved plans to meet the district's requirements.
6. The on-site drive-aisle shall be widened to accommodate emergency vehicle, subject to review and
approval of the fire marshal.
7. Roof-top mechanical equipment shall be screened from adjacent residential property and from France
Avenue, per Section 36-1459 of the City Code.
8. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the Zoning Ordinance.
Lighting shall be down lit.
Appearing for the Applicant
Ed Farr, Edward Farr Architects
Discussion and Comments
Commissioners expressed the following:
• Is the drive-up window still present? Planner Teague responded in the affirmative. He pointed out the
drive-up has been relocated from sketch plan review to make it less visible.
• Planner Teague was asked to clarify what a Proof of Parking (POP) Agreement is. Planner Teague
explained that a Proof of Parking Agreement in entered into between the City and applicant when the
applicant has room to add additional parking spaces; however do not add those spaces unless needed.
The Proof of Parking Agreement affords many sites the opportunity to maximize greenspace instead of a
concrete parking lot.
• It was asked if the applicant could just go ahead and add those POP spaces. Teague said nothing would
prevent the applicant from adding those spaces. Teague said that traditionally that hasn't been found to
happen. Teague also suggested if that was a concern the Commission could "tighten up" the POP
agreement.
• Commissioners commented on the on-going auto leasing spaces that occurs in the existing garage
questioning if those spaces would continue to be leased. Planner Teague responded if those spaces are
needed they will be used by tenants of the site.
Applicant Presentation
Ted Carlson, Gateway Bank, addressed the Commission and informed them when designing the project they
applied the newly drafted Greater Southdale Study Working Principles. He echoed Planner Teague's comment
that their intent was to use the parking spaces in the lower level for tenant parking. With regard to the Proof of
Parking agreement Carlson said they would like that kept open and up to them. Carlson said they do not want
to limit themselves with regard to parking.
Mr. Farr told the Commission they held a neighborhood meeting that was attended by residents of both
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Morningside and White Oaks.
Continuing, with graphics Farr pointed out the changes to the plan to include a new architectural element
a clock tower. Farr further pointed out the reduction in curb cuts, enhanced landscaping, bike racks and
screened patio.
Discussion and comments
• The applicant was asked if the storm water management plan included the build out of the POP stalls.
Farr responded those stalls were added in the calculations. He said they will comply with all storm
water management requirements.
• It was suggested (if possible) that more deciduous trees were added to the landscaping plan.
• The applicant was asked how the neighborhood residents liked the clock tower and other revisions to
the plan. Farr responded that roughly 24 neighbors attended the neighborhood meeting; adding he
believes the project was positively received. Farr said that traffic was discussed with Farr reporting they
believe the project would disperse traffic throughout the day with over 70%occurring during non-peak
hours.
• Farr was questioned on how they addressed the noise potential from the proposed patio. Farr
responded that the patio would be screened to help reduce noise.
Public Testimony
Chair Platteter opened the public hearing. No one spoke to the issue.
A motion was made by Commissioner Thorsen to close the public hearing. The motion was seconded by
Commissioner Strauss. All voted aye. The motion carried.
Motion
A motion was made by Commissioner Hobbs to recommend approval of the rezoning with
variances based on staff findings and subject to staff conditions. The motion was seconded by
Commissioner Thorsen.
Commissioner Nemerov offered a friendly amendment giving the applicant the option of not
putting grass between the sidewalk and street. The amendment was not accepted by the
motioners.
Planner Teague asked that the conditions for approval include the Proof of Parking Agreement.
Commissioner Hobbs and Thorsen agreed to include that as a condition.
A brief discussion ensued on the strip of grass along France Avenue. It was noted that that area can be planted
with native plants that would survive the elements that come with being so close to the street.
Commissioner Lee stated that she could not support the project as presented. She said she believes that
pedestrians will feel like they are walking through a parking lot. She further expressed concern that
the Proof of Parking spaces will be added sooner than later. Lee said in her opinion this is a mini strip mall with
parking in front.
Chair Platteter called for the vote. Ayes; Hobbs, Thorsen, Strauss, Olsen Nemerov, Hamilton,
Bennett, Platteter. Nays; Lee. Motion carried 8-1.
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Chair Platteter told the applicants the Commission appreciated that you listened to our concerns and
suggestions, adding he believes it created a better product.
D. Conditional Use Permit for Christian Family Church at 7375 Bush Lake Road, Edina, MN
Staff Presentation
Planner Teague informed the Commission that Christian Family Church is proposing to remodel the interior of
the existing office building at 7375 Bush Lake Road into a Church. The church would hold services Sunday
mornings and Wednesday evenings. They have 200 members in their congregation including children. There
would be classrooms for children education within the building that would also take place primarily Sunday and
Wednesday's. The proposed sanctuary would seat 360 people maximum, which would provide an opportunity
for the congregation to grow in size.The required number of parking stalls for churches is one space per three
seats in the largest place of assembly. Additional spaces may be required for other uses that take place at the
same time. There are 170 parking stalls on the site today. There are no exterior alterations proposed to the
building or the site.
To accommodate the request, the following is requested:
• Conditional Use Permit for the church. Churches are conditionally permitted uses in all zoning districts
Planner Teague concluded that staff recommends that the City Council approve the Conditional Use Permit for
Christian Family Church at 7375 Bush Lake Road.
Approval is subject to the following findings:
The proposal meets the conditional use permit criteria in Section 36-305 of the City Code as follows:
a. Does not have an undue adverse impact on governmental facilities, utilities, services or existing or
proposed improvements;
b. Will generate traffic within the capacity of the streets serving the property;
c. Does not have an undue adverse impact on the public health, safety or welfare;
d. Will not impede the normal and orderly development and improvement of other property in the
vicinity;
e. Conforms to the applicable restrictions and special conditions of the district in which it is located, as
imposed by this chapter; and
f. Is consistent with the comprehensive plan.
Final approval 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:
• Site & building plans date stamped June 17, 2016.
• Building materials board as presented at the Planning Commission and City Council meeting.
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2. Two additional over-story trees must be planted on site to comply with minimum landscaping
requirements.
3. The property owner is responsible for replacing any required landscaping that dies.
Appearing for the Applicant
Dr. Tim Peterson, applicant
Discussion and Comments
• A question was raised on how the City defines places of worship in the Code. Planner Teague
responded that a number of the City's zoning districts allow religious institutions, including churches,
etc. as a conditional use. He said religious institutions are conditionally permitted in all residential
districts, adding language varies per district.
• It was asked if hours of operation can be limited. Planner Teague responded that in the residential
districts there can be limitations placed on hours of operation.
• Planner Teague was asked if the City received any feedback from neighbors. Planner Teague responded
he doesn't believe the City has received any comments on the request, adding residents were notified
and a sign was posted.
Applicant Presentation
Dr. Peterson introduced himself and his wife, Shireen and explained he has been a pastor for 35 years and has a
Church in Owatonna. He added what they would like is to find a permanent home in the metro area and hope
that home is here.
Dr. Peterson was asked if the entire building would be used as the church. Dr. Peterson responded in the
affirmative. He said the building would be renovated; and used for church purposes (office, classrooms) and
hopeful growth. Dr. Peterson was further asked if there would be overnight stays at the church. Dr. Peterson
responded that he believes the children's group has an overnight once a quarter.
Public Hearing
Chair Platteter opened the public hearing. No one spoke to the issue.
A Motion was made by Commissioner Thorsen to close the public hearing. The motion was seconded by
Commissioner Strauss. All voted aye. The motion carried.
Motion
Motion was made by Commissioner Thorsen to recommend approval of the Conditional Use
Permit for 7375 Bush Lake Road based on staff findings and subject to staff conditions. Motion
seconded by Commissioner Strauss. All voted aye. The motion carried.
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VI. Community Comment
Chair Platteter opened Community comment.
No Community Comment
VII. Reports and Recommendations
A. Zoning Ordinance Amendment—Temporary Family Health Care Dwelling
Planner Presentation
Planner Teague explained that the Planning Commission is asked to consider an Ordinance Amendment that
would opt out of the recently passed legislation requiring cities to allow temporary family health care dwelling
units.
Teague reported that this year's legislative session approved a bill that requires cities to allow temporary
accessory dwelling unit (no larger than 300 square feet). Teague said the law exempts these uses from typical
zoning authority and requires cities to approve them within 15 days. The passed legislation included a provision
for cities and counties to opt out of the requirement.Teague concluded that there are three options the city
can consider I) support the legislation, 2) opt-out, and 3) write our own ordinance. The Planning Commission
is scheduled to hold a public hearing on July 27, 2016.
Chair Platteter suggested that the Commission not act on the amendment until the public hearing. All agreed.
Comments and Questions
Commissioners expressed the following:
• Planner Teague was asked what he thought would be a reasonable application fee. Planner Teague
responded in his opinion the required $100.00 won't cover the City's cost. He said an application fee
would be far more than $100.00 noting multiple departments would need to review the application.
• Planner Teague was asked what is meant by"temporary structure". Teague responded that the
ordinance states that the initial temporary dwelling permit is valid for six months, adding that the
applicant may renew the permit once for an additional six months.
Chair Platteter reiterated that the public hearing on the ordinance amendment was scheduled on July 27,
2016 Planning Commission meeting.
VIII. Correspondence and Petitions
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Chair Platteter acknowledged back of packet materials. He further acknowledged receipt of a letter from
residents of Edina West. Platteter reminded the Commission and audience that the proposal by Opus to
construct a 250-unit apartment building at 5901 Lincoln Drive was continued to the July 27, 2016 Planning
Commission meeting.
IX. Chair and Member Comments
Commissioner Olsen said she would like to have the Commission develop a shared parking ordinance.
Chair Platteter agreed that shared parking needs to be addressed and suggested that it become part of the
process with updating the Comprehensive Plan.
Commissioner Bennett asked what the time frame was for the Comprehensive Plan. Planner Teague
responded that the goal is to present a framework to the City Council sometime this fall.
X. Adjournment
A motion was made at 8:50 P.M. to adjourn the meeting of the Edina Planning Commission.
The motion was seconded by Commissioner Olsen. All voted aye. The motion carried.
Respectfully submitted
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