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HomeMy WebLinkAbout2016 07-13 Planning Commission Meeting Minutes Regular Draft Minutes❑ Approved Minutes® Approved Date:7/27/2016 ',v 1 , , Minutes Z'''$ rea'—:—( 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 Page 1 of 10 Draft MinutesE Approved Minutes® Approved Date:7/27/2016 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. Page 2 of 10 Draft Minutes❑ Approved Minutes® Approved Date:7/27/2016 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. Page 3 of 10 Draft Minutes CI Approved Minutes® Approved Date:7/27/2016 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: Page 4 of 10 Draft Minutes❑ Approved Minutes® Approved Date:7/27/2016 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 Page 5 of 10 Draft Minutes CI Approved Minutes® Approved Date:7/27/2016 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. Page 6 of 10 Draft Minutes0 Approved Minutes® Approved Date:7/27/2016 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. Page 7 of 10 Draft Minutes El Approved Minutes® Approved Date:7/27/2016 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. Page 8 of 10 Draft Minutes❑ Approved Minutes® Approved Date:7/27/2016 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 Page 9 of 10 Draft Minutes❑ Approved Minutes® Approved Date:7/27/2016 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 Page 10 of 10