HomeMy WebLinkAboutResolution No. 2018-137 Approving Final Rezoning for Orion InvestmentsRESOLUTION NO. 2018-137
APPROVING FINAL REZONING FROM R-I AND PCD-I TO PUD-I5, PLANNED
UNIT DEVELOPMENT — 15, AND FINAL DEVELOPMENT PLAN FOR ORION
INVESTMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Orion Investments is requesting a redevelopment of a one acre tract of land at 4500 France
Avenue and 3905 & 3907 Sunnyside Road. As proposed, the development would include the
following on the above properties:
➢ A 4-story, 46 unit apartment, 6,400 square feet of restaurant & commercial space with 69
below -grade parking stalls at minimum 35 at -grade, enclosed public parking stalls for the
retail uses. Units would range from I to 3 bedroom units.
➢ Three units (6.6%) within the project are proposed for affordable housing. These units
would be targeted for residents with disabilities and earn no more than 50% AMI. The
remaining 3.4% would be provided by a cash contribution to affordable housing elsewhere
in Edina. To satisfy the affordable housing policy an additional 1.6 units would be required
to equal 10%. The policy would require $100,000 per unit or $160,000. The applicant is
agreeable to the cash contribution.
➢ A public plaza on the west side of the development which would provide a transition to
the single-family neighborhood to the west.
1.02 The property is legally described as follows:
See attached Exhibit A.
1.03 As proposed the development requires the following:
➢ A Rezoning from R- I and PCD-Ito PUD, Planned Unit Development; and
➢ Preliminary Development Plan
1.04 On August 29, 2018, the Planning Commission held a public hearing and recommended
approval of the Preliminary Rezoning & Preliminary Development Plan. Vote: 5 Ayes and 3
Nays.
1.05 On October 2, 2018, the City Council approved the request.
1.06 The applicant has submitted Final Plans that are consistent with the Preliminary Plans.
CITY OF EDINA
4801 West 50th Street • Edina, Minnesota 55424
www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389
RESOLUTION NO. 2018-137
Page 2
Section 2. FINDINGS
2.01 Approval is based on the following findings:
I. The proposed land use is consistent with the Comprehensive Plan.
2. The proposed buildings would be a high quality brick, fiber/cement board, metal panel and
glass, designed to mix and blend with existing buildings in the area.
3. The PUD would ensure that the building proposed would be the only building built on the
site, unless an amendment to the PUD is approved by City Council.
4. Addresses the Development Principles established in the 44th and France Small Area Plan
including:
➢ The proposal would clean up a contaminated site (petroleum, asbestos and other soil
contaminants) and improve the aesthetic of this corner by designing the building fit
into the character of the area and burying overhead utility lines;
➢ The project would provide a more pedestrian friendly atmosphere along the adjacent
roadway, with a restaurant and provide pocket park for gathering to strengthen the
neighborhood identity;
➢ The mixed use (residential and retail) will provide an active street environment;
➢ Bike racks and indoor bike parking would be provided to encourage bike use;
➢ Storefronts open toward France and housing units open toward the pocket park to
activate the public realm;
➢ Public realm in the public plaza which also serves as a buffer and transition to the
adjacent single family homes to the west;
➢ The project would include three units for affordable housing for the handicapped;
➢ Parking would be hidden inside the project and underground;
➢ Retail parking would be made available to the district; however, the plan provides just
enough for proposed retail;
➢ High quality design; and
➢ Public art.
5. In addition to the items mentioned above, the proposed project would meet the following
additional goals and policies of the Comprehensive Plan:
a. Movement Patterns.
• Provide sidewalks along primary streets and connections to adjacent neighborhoods
along secondary streets or walkways.
• Provide pedestrian amenities, such as wide sidewalks, street trees, pedestrian -scale
lighting, and street furnishings (benches, trash receptacles, etc.)
• A Pedestrian -Friendly Environment.
RESOLUTION NO. 2018-137
Page 3
b. Encourage infill/redevelopment opportunities that optimize use of City infrastructure
and that complement area, neighborhood, and/or corridor context and character.
c. Support and enhance commercial areas that serve the neighborhoods, the City, and
the larger region.
d. Increase mixed -use development where supported by adequate infrastructure to
minimize traffic congestion, support transit, and diversify the tax base.
e. Increase pedestrian and bicycling opportunities and connections between
neighborhoods, and with other communities, to improve transportation infrastructure
and reduce dependence on the car.
f. Buildings should be placed in appropriate proximity to streets creating pedestrian
scale.
g. Building Placement and Design. Where appropriate, building facades should form a
consistent street wall that helps to define the street and enhance the pedestrian
environment. On existing auto -oriented development sites, encourage placement of
liner buildings close to the street to encourage pedestrian movement.
i. Locate prominent buildings to visually define corners and screen parking Tots.
ii. Locate building entries and storefronts to face the primary street, in addition to
any entries oriented towards parking areas.
iii. Encourage storefront design of mixed -use buildings at ground floor level, with
windows and doors along at least 50% of the front facade.
iv. Encourage or require placement of surface parking to the rear or side of buildings,
rather than between buildings and the street.
6. The proposal meets the City's criteria for PUD zoning. In summary the PUD zoning
would:
a. Create a more pedestrian -friendly development with the construction of improved
sidewalks and connections. The project would bring vibrancy to the area.
b. The building would be of high quality brick, architectural panel and glass.
c. Ensure that the buildings proposed would be the only buildings built on the site, unless
an amendment to the PUD is approved by City Council.
d. Ensure that the affordable housing policy is met.
e. Provide for a more creative site design, consistent with goals and policies in the
Comprehensive Plan.
f. Enhance green space and landscaping and utilize sustainable concepts.
g. Sustainable development.
h. Enhance and provide additional public realm.
7. The height increase is justified. There would be an adequate transition from the four story
portion of the project down to two stories and 30 feet as specified in the 446 and France
Small Area Plan. The pocket park enhances the transition area. The give to get and adhering
RESOLUTION NO. 2018-137
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to the Small Area Plan guiding principles justifies the increase in height. Two to Four stories
is consistent with the Small Area Plan.
8. The existing roadways and parking would support the project. Spack Consulting conducted
a traffic and parking impact study, and concluded that the proposed development could be
supported by the existing roads.
Section 3. APPROVAL
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves
the Final Rezoning from R-I, Single Dwelling Unit District and PCD-I, Planned Commercial District
to PUD-15, Planned Unit Development District, and Preliminary Development Plan for 4500 France
Avenue, 3905 & 3907 Sunnyside Road
Approval is subject to the following conditions:
I 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.
2. Provision of code compliant bike racks for each use near the building entrances.
3. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the City
Code.
4. 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.
5. Three units within the project must be provided for residents earning no more than 50% AMI
for 15 years from the date of the certificate of occupancy. Additionally $160,000 shall be paid to
the City of Edina prior to issuance of a building permit for the City to provide affordable
housing units else ware in the City.
6. Compliance with all of the conditions outlined in the director of engineering's memo dated
August 20, 2018.
7. Compliance with the Spack Consulting Traffic Study recommendations.
8. Subject to the Zoning Ordinance Amendment creating the PUD-15, Planned Unit Development
for this site.
9. Dedication of public access easements along the sidewalks and public plaza.
10. A shared parking agreement to allow district parking in the street level parking lot.
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I I . A shared access easement must be established over the shared driveway on the property to the
south.
12. Construction traffic shall be limited to France Avenue and a portion of Sunnyside where the
project is located.
13. All commercial deliveries shall be done during non -peak hours.
14. The restaurant shall be limited to 35 seats and located at the northernmost retail space shown
on the site plan.
15. The overhead power lines must be buried from 4540 France Avenue north to the intersection
of 44th and France, subject to approval conditions of Xcel Energy.
16. The applicant and staff shall explore the potential for traffic calming at the intersection of
Sunnyside and France.
17. The Edina Housing Foundation and/or the City's HRA shall have the first right of refusal to
purchase the affordable housing units if the apartments are turned in condos; if the units remain
rental, after 15 years the property owner will consider extending the affordable housing units
for an additional 15 years.
RESOLUTION NO. 2018-137
Page 6
Adopted by the City Council of the City of Edina, Minnesota, on December 18, 2018.
ATTEST: '
Sharon Allison, City Clerk �'" James B. Hovland, Mayor
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
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 Resolution was duly adopted by the Edina City Council at its Regular
Meeting of December 18, 2018, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 2018.
Sharon Allison, City Clerk
EXHIBIT A
Legal Description
Parcel 1:
Lots 1 and 2 and that part of Lot 6 described as follows: Commencing at the most Northerly
corner of said Lot 6; thence South along the East line of said lot; 40.62 feet; thence
Northwesterly 30.2 feet to a point on the Northerly line of said Lot 6, distant 27.19 feet Westerly
from the point of beginning; thence Northeasterly to the point of beginning, all in Block 2,
"Fairbairn's Rearrangement" in Waveland and Waveland Park, including all of the vacated alley
which lies North of the South line of said Lot 2 extended West, Hennepin County, Minnesota.
(Abstract Property)
Parcel 2:
Lots 3, 4 and 5;
That part of Lot 6, described as follows: Commencing on the Easterly line of said Lot at a point
distant 40.62 feet Southerly from the most Northerly corner of said Lot, thence Northwesterly
30.2 feet to a point on the Northwesterly line of said Lot distant 27.19 feet Southwesterly from
the most Northerly corner of said Lot; thence Southwesterly along the Northwesterly line of said
Lot to the most Westerly corner of said Lot, thence Southeasterly along the Southwesterly line
of said Lot to the most Southerly corner of said Lot, thence Northerly along the Easterly line of
said Lot to the point of beginning;
That part of the alley now vacated, described as follows: Commencing at the point of
intersection of the center line of alley, now vacated with the North line of Lot 3 extended
Westward, thence East on said extended line to the Northwest corner of said Lot 3, thence
along the Easterly line of said alley to the most Southerly corner of Lot 5, thence Southwesterly
along an extension of the Southeasterly line of said Lot to the center line of said alley, thence
Northwesterly along the center line of said alley to a point of its intersection with a line erected
to bisect the angle existing in the Westerly line of said alley, thence Southwest along said line
to the West line of said alley, thence North along said West line to a point in said line 40.62 feet
South of the most Northerly corner of Lot 6, the same being the point of intersection to said
West line of alley with the extension Westward of the North line of Lot 3, thence East along said
extended line to the point of beginning;
All in Block 2, "Fairbairn's Rearrangement" In Waveland and Waveland Park (Torrens Property)
Parcel A:
Lot 7, Block 2, Fairbairn's Rearrangement in Waveland and Waveland Park, Hennepin County,
Minnesota. Together with that part of the adjacent vacated alley that accrued thereto by reason
of the vacation thereof. (Abstract Property)
Parcel B:
M-2
Lot 8, Block 2, Fairbairn's Rearrangement in Waveland and Waveland Park, Hennepin County,
Minnesota. (Abstract Property)
M-3