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HomeMy WebLinkAboutResolution No. 2018-027 Preliminary Rezoning & Development Plan, 5000 Vernon Avenue J. RESOLUTION NO. 2018-27 RESOLUTION APPROVING A PRELIMINARY REZONING, PRELIMINARY DEVELOPMENT PLAN AND VARIANCES AT 5000 VERNON AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Ted Carlson on behalf of Caribou Coffee and Einstein Bagels is proposing to tear down the existing 5,000 square foot structure at 5000 Vernon Avenue and construct a new 2,748 square foot Caribou Coffee and Einstein Bagel Shop and drive-through. Per the Grandview Transportation Study, the applicant is proposing to provide a 5-foot easement on both Interlachen and Vernon to provide for future roadway improvements;and is proposing to bury all above ground utility wires/poles. 1.02 The request requires the following: ➢ Rezoning from Planned Commercial District 4, (PCD-4) to Planned Commercial District 2, (PCD-2) ➢ Setback Variances as follows: 1. Building Front Yard Setback (Vernon) from 35 to 25 feet 2. Parking/Drive Aisle Setback (Interlachen) from 20 feet to 5 feet(Existing condition) 3. Parking/Drive Aisle Setback (Vernon) from 20 feet to 4 feet(Existing condition) 4. Parking/Drive Aisle Setback (Rear) from 10 feet to 8 feet(Existing condition) 1.03 The property is legally described as follows: See attached Exhibit A. 1.04 On March 14,2018 the Planning Commission held a public hearing and recommended denial the proposal. Vote: 8 Ayes, 1 Nay. 1.05 On March 20,The City Council held a public hearing and approved the request subject to the findings and conditions outlined below.Vote:4 Ayes,1 Nay. Section 2. APPROVAL &FINDINGS NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina,approves the proposed Preliminary Re-Zoning,Preliminary Development Plan and Variances at 5000 Vernon Avenue CITY OF EDINA 4801 West 50th Street•Edina,Minnesota 55424 www.EdinaMN.gov.952-927-8861 •Fax 952-826-0389 RESOLUTION NO. 2018-27 Page 2 2.01 Approval is based on the following findings: 1. The proposed uses are allowed in the PCD-2 Zoning District. 2. The proposed development would be an improvement over the existing use and buildings on the site. 3. The City would receive needed right-of-way along Vernon and Interlachen for future roadway improvements. 4. The existing utility poles and overhead wires would be removed and buried. 5. The proposed variances are reasonable. The practical difficulties for this site include the small lot size, the triangular shape and being a corner lot located on arterial roadways. 6. The existing building and parking areas are considered legal existing non-conforming uses. The proposed development would be more in conformance than existing conditions. 7. Spack consulting has concluded that the existing roadways can support the proposed use,and with proper on site management of the drive-through, the drive-through stacking should not extend on to public roadways. 2.02 Approval is conditions upon the following: 1. The Final Plans must be generally consistent with the Development Plans dated January 30, 2018,and the revised plans and materials board as presented to the Planning Commission and City Council. 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 March 7,2018. 4. Provision of code compliant bike racks near the building entrances. 5. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district's requirements. 6. Roof-top mechanical equipment shall be screened from adjacent residential property, per Section 36-1459 of the City Code. RESOLUTION NO. 2018-27 Page 3 7. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the Zoning Ordinance. Lighting shall be down lit. 8. Compliance with the recommendations in the Space Traffic Impact Study,with the exception of the reconfiguration of the drive-through to be dual lane. 9. Staff and applicant will work together on the public realm boulevard and sidewalk, consideration of an extra lane entering the site,and the applicant consider employees parking in the Jerry's Public Parking Ramp. 10. Variances are subject to Final Rezoning Approval. I RESOLUTION NO.2018-27 Page 4 i Adopted by the city council of the City of Edina,Minnesota,on March 20, 2018. i r ATTEST: Debra A. Mangen,City C jam,-YR.Hovland,Mayor I STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) I k 1 C I 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 f Meeting of March 20,2018,and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this Oday of a4 2018. 1/ Y C� ity Clerk i i i Exhibit A I i i i i I LEGAL DESCRIPTION: Lots 29., 30, 31 and 32, Block 3, "Grand View Heights", except that part of said Lots taken by the State of Minnesota for state h ghwoy purposes, and except vacated Summit Avenue adjoining said Lot 29. The f asterdy 1:00 foot of that portiion vacated Summit Avenue adjoining Block 3, "Grand i View Heights" as dedicated in said plat, described as follows: Commencing at the Southeast .corner of Lot 5, Block 4, "Grand View Heights"; thence Easterly along the €ester•Iy extension of the South line of said Lot 5 to a point on centeriine of said Summit Avenue being the point of beginning of the land to be described; 'thence Northerty along. said centerline of Summit A-venue to the Southerly right—of—way of fnterfachen Boulevard (County head No. 20); thence Southeasterly to the most Northerly corner of dot 32, Block 3, "Grand View Heights% thence Southerly along the West line of said Block 3 to its intersection with the Easterly extension of the � Southerly line of said Lot 5; thence Westerly to the point of beginning. Being Registered land as is evidenced by Certificate of fitle No. 846981. i