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HomeMy WebLinkAboutResolution No. 2021-76 Plan_Rezoning, et al_4660 77th StreetRESOLUTION NO. 2021-76 APPROVING FINAL DEVELOPMENT PLAN, FINAL REZONING FROM MDD-6, MIXED DEVELOPMENT DISTRICT-6 TO PUD-23, PLANNED UNIT DEVELOPMENT — 23, AND SITE IMPROVEMENT PLAN AGREEMENT AT 4660 77T" STREET WEST BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND. 1.01 The applicant is proposing to tear down the existing two office buildings on the site and construct a 5-7 story, 408-unit apartment. 1.02 This site was rezoned to Mixed Development District — 6 (MDD-6) in 2008 as part of rezoning of all of Pentagon Park; however, no development ever took place. The MDD zoning designation was used before the City established PUD Zoning in 2011. There was to be a mixture of office and residential uses. The subject property was specifically contemplated for multi-family residential housing. Pentagon Village was part of this MDD-6 District and was where the office and retail uses were to be located. However, that site was recently rezoned to PUD, and is no longer part of the MDD. 1.03 The property is legally described as follows: Tract A, Registered Land Survey No. 1218, Hennepin County Minn. 1.04 To accommodate the request, the following is required: I. A Rezoning from MDD-6, Mixed Development District to PUD, Planned Unit Development, and 2. Final Development Plan. 1.05 On May 26, 2021 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. The Planning Commission recommended approval of the requests. Vote: 8 Ayes and 0 Nays. 1.06 On July 21, 2021 the City Council approved the request. Vote: 5 Ayes and 0 Nays. Section 2. FINDINGS 2.01 Approval is based on the following findings: I. The proposed land uses, and density are consistent with the Comprehensive Plan and the existing Zoning on the site. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 RESOLUTION NO. 2021-76 Page 2 2. The proposal meets the City's criteria for PUD zoning. The PUD zoning would: a. Promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City. c. Provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the City's standards to offset the effect of any variations. Desired design elements include sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian oriented design, and podium height at a street. d. Project is of high quality of design and design compatible with surrounding land uses, including both existing and planned. e. Maintains the efficiency of public streets and utilities. f. Provides a mixture of land uses within the development. g. Project would meet the City's affordable housing policy. 3. The PUD would ensure that the development proposed would be the only building that would be allowed on the site unless an amendment to the PUD is approved by City Council and ensures the buy-in funds to provide affordable housing elsewhere in the City of Edina. 4. The proposed project would meet the following goals and policies of the Comprehensive Plan: a. Per the Office Residential Land Use Description: Primary uses are offices, attached or multifamily housing. b. Façade Articulation. Primary facades should be designed with a well-defined base, middle and top, providing visual interest at ground level. Building entries and access points should be clearly visible from the primary street. Long building facades should be divided into smaller increments using contrasting materials, textures, detailing, setbacks, or similar techniques. c. Building Height Transitions. Taller buildings (generally four stories or higher) should step down to provide a height transition to surrounding residential buildings, including buildings across a street or pathway, and to avoid excessive shadowing of sidewalks, parks, and public spaces. d. Increase pedestrian and bicycling opportunities and connections between neighborhoods and key destinations, and with other communities, to improve multimodal transportation infrastructure and reduce dependence on cars. 6. The existing roadways and parking would support the project. Wenck Consulting conducted a traffic and parking impact study and concluded that the proposed development could be supported by the existing roads and proposed parking. 7. The proposed height of seven stories is reasonable for this site. To provide affordable housing elsewhere in the City in providing the buy in monies, additional height is needed to create more market rate units to help absorb the cost of the affordable housing units. The building height overlay district limits this site to four stories. The nearest single-family home to this site is 700 feet to the north. Section 36-618 (6) of the City Code requires that buildings that RESOLUTION NO. 2021-76 Page 3 are 7 stories tall, be setback 4 times the height of the building from the 7-story portion of the building to the nearest single-family lot line. The building would be 86 feet tall, therefore, a 344-foot setback is required. Note that the building height steps down toward the Park. 8. The proposed uses would be an upgrade to the current development on the site. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Final Rezoning from MDD-6 to PUD, Planned Unit Development District, Final Development Plan, and Site Improvement Plan Agreement for 4660 776 Street West. Approval is subject to the following conditions: I. Plans must be consistent with the Final Development Plans dated April 22 and September 9, 2021. 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. 3. Provision of code compliant bike racks for each use near the building entrances. 4. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the City Code. 5. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code. 6. 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. 7. A Developer's Agreement/Site Improvement Plan Agreement is required at the time of Final Approval. 8. Prior to issuance of a building permit, the applicant/developer must pay the buy-in amount for affordable housing of $4.1 million dollars for the City of Edina to provide affordable housing elsewhere in the City. 9. Compliance with all the conditions outlined in the engineering memo dated May 27, 2021. 10. Compliance with the Wenck Consulting Traffic & Parking Study recommendations. I I. Subject to the Zoning Ordinance Amendment revising the PUD, Planned Unit Development for this site. RESOLUTION NO. 2021-76 Page 4 12. Dedication of public access easement over the north-south sidewalk along the east side of the property and the east west sidewalk along 77th Street. The north-south sidewalk must be widened from 5 feet to 8 feet wide, and maintenance shall be the property owner's responsibility. The City will maintain the sidewalk along 77th Street. The boulevard between the street and the sidewalk shall be 10 feet. 13. The Maintenance of sidewalks internal to the site to be responsibility of property owner. 14. Submittal of a construction management plan subject to review and approval of city staff prior to issuance of a building permit. 15. Hours of construction must be consistent with City Code. 16. Compliance with the Sustainability Questionnaire. RESOLUTION NO. 2021-76 Page 5 Adopted by the City Council of the City of Edina, Minnesota, on September 21, 2021. ATTEST: Sharon Allison, City Clerk James B. 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 September, 2021, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2021. Sharon Allison, City Clerk