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HomeMy WebLinkAboutResolution No. 2011-072 Site Plan Amendment York Gardens 3451 Parklawn RESOLUTION NO. 2011-72 491N�11� RESOLUTION APPROVING AN AMEDMENT TO THE SITE PLAN FOR o� a THE YORK GARDENS PROJECT AT 3451 PARKLAWN AVENUE m y City of Edina BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 The Ebenezer Society, on behalf of the 7500 York Cooperative is requesting an amendment to their approved site plan for 76-unit, 4-story senior housing project. 1.02 The purpose of the amendment is to relocate an existing "air cooler" air conditioning unit to the east side of the recently constructed building. 1.03 The air cooler was not shown on the site plan reviewed by the Planning Commission or City Council, and was not shown on the building permit plans that were reviewed by staff at the time of issuance of the building permit.The unit was recently constructed, and planning staff received complaints shortly thereafter regarding noise and the look of the unit. 1.04 The applicant installed the air conditioning unit on the west side of the recently completed building. By definition, this unit is considered a structure, and therefore, must meet structure setback requirements.The required side-street setback in this instance is 35 feet.The chiller was installed with a 17.4 foot side-street setback; therefore, a 17.6-foot variance would be required for that location. 1.05 Rather than request a variance, the applicant is proposing to relocate the unit to the east side of the • building to meet the required setback. 1.06 On June 29, 2011 the Planning Commission recommended approval of the Site Plan Amendment.Vote: 6 Ayes, 1 Nay and 1 abstention. Section 2. FINDINGS Approval is subject to the following findings: 1. The proposed plans are consistent with the approved Site Plan for the development. 2. The air conditioning unit would be properly screened, and would not impact the building or parking areas. 3. The air conditioning unit would be relocated to move further away from adjacent residential property and further away from the new building. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Site Plan Amendment for the Ebenezer Society at 3451 Parklawn Avenue. Approval is subject to the following Conditions: 1. In addition to meeting the previously approved site plan conditions for the site, the site must be developed and maintained in conformance with the following plans, unless modified by the conditions below: • Site plan date stamped June 23, 2011 • • Landscaping plan date stamped June 23, 2011 gwildin @Wvatigpi date stamped limo 23 2011 City Hall 952-927-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA,MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379 RESOLUTION NO. 2011-72 Page Two • 2. Per Section 850.10. Subd. 3.6 of the City's Zoning Ordinance, a letter of credit, performance bond or cash deposit must be submitted in the amount equal to 150%of the proposed landscaping. 3. The property owner is responsible for replacing any required landscaping that dies. 4. To verify that the unit complies with MPCA noise regulations, performance testing of daytime and nighttime standards is required. The testing must be conducted by an acoustical engineer in accordance with Minnesota Statutes Chapter 7030.The air conditioner unit must be operating at maximum capacity during the testing periods. Final test reports indicating compliance with the noise standards must be submitted to the Edina Health Department. If the regulations are exceeded, the applicant would be required to install a noise reduction kit to the air conditioning unit to comply. 5. The applicant is required to plant 8-foot Arborvitae to screen the unit. 6. The current location of the chiller will be excavated and re-landscaped. 7. Noise abatement equipment must be ordered and installed immediately on the air conditioning unit in its current location, and continue to be used at the new location.The noise abatement equipment should be installed by August 31, 2011 if possible.The applicant will work with staff to get the equipment installed in a timelx manner. 8. The applicant shall apply for a building permit and begin preparing the new location for the air conditioning unit. Adopted by the City Council of the City of Edina, Minnesota, on Jul�1 , 201 . • ATTEST: Debra A. Mangen, CITY C er James 6. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) 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 Resolution was duly adopted by the Edina City Council at its Regular Meeting of July 19, 2011, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 12011 City Clerk •