DATE: September 16, CITY COUNCIL AGENDA SECTION: Public Hearings ITEM NO.: IX.B.

Transcription

1 CITY COUNCIL AGENDA SECTION: Public Hearings DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: MACP DATE: September 16, 2014 ITEM NO.: IX.B. Requested Action Move to: Close the Public Hearing; and Adopt the Resolution for Planned Unit Development Concept Review on 5.04 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.04 acres; Adopt Resolution for Preliminary Plat of 5.04 acres into one lot; and Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project proposes the construction of an approximate 65,000 square foot office expansion. The existing structure is approximately 27,000 square feet. The project includes several sustainable features including green roof, photovoltaic systems, geothermal system, water capture for irrigation, solar lighting, low mow landscaping, and permeable pavers. MACP is seeking LEED Platinum certification with this building. Waivers to the maximum building height and parking requirements are requested. The maximum height waiver is requested in order to allow the construction of an elevator and stair penthouse allowing access to the green roof and photovoltaic system that is proposed to be located on the roof. The penthouse is proposed at a maximum height of 43 feet 5 inches, exceeding the height requirement by 13 feet 5 inches. The parking requirement waiver seeks a reduction in the number of parking stalls to be provided on site. City Code would require 426 on-site parking stalls. The proponent is proposing to provide 170 on-site parking stalls. The proposed parking meets the needs of the proponent s projected employee and visitor levels. Granting of the waivers supports the development of the site in a manner that promotes and demonstrates a commitment to green and sustainable practices. The 120-Day Review Period Expires on October 30, 2014.

2 Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014 meeting. Attachments 1. Ordinance 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes

3 MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO PUD AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Zoning District PUD (hereinafter "PUD ). Section 3. The City Council hereby makes the following findings: A. PUD is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD are justified by the design of the development described therein. D. PUD is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of, 2014, entered into between Margaret A. Cargill Philanthropies, and the City of Eden Prairie, (hereinafter Development Agreement ). The Development Agreement contains the terms and conditions of PUD , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the District and shall be included hereafter in the Planned Unit

4 Development , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16 th day of September, 2014, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of, ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on, 2014.

5 EXHIBIT A PUD Legal Description Prior to Final Plat Lots 1 and 2, Shady Oak Business Center, Hennepin County, Minnesota PUD Legal Description After Final Plat Lot1, Block 1, RSOP Twenty Fourteen, Hennepin County, Minnesota

6 MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MACP FOR MARGARET A. CARGILL PHILANTHROPIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 25, 2014, on MACP by Margaret A. Cargill Philanthropies and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 16, NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. MACP, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 31, That the PUD Concept meets the recommendations of the Planning Commission dated August 25, ADOPTED by the City Council of the City of Eden Prairie this 16 th day of September, ATTEST: Nancy Tyra-Lukens, Mayor Kathleen A. Porta, City Clerk

7 EXHIBIT A PUD Legal Description Prior to Final Plat Lots 1 and 2, Shady Oak Business Center, Hennepin County, Minnesota PUD Legal Description After Final Plat Lot1, Block 1, RSOP Twenty Fourteen, Hennepin County, Minnesota

8 MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO RESOLUTION APPROVING THE PRELIMINARY PLAT OF RSOP TWENTY FOURTEEN FOR MARGARET A. CARGILL PHILANTHROPIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of RSOP TWENTY FOURTEEN for Margaret A. Cargill Philanthropies stamp dated July 31, 2014, and consisting of 5.04 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16 th day of September, Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk

9 STAFF REPORT TO: FROM: Planning Commission Julie Klima, City Planner DATE: August 22, 2014 PROJECT: LOCATION: APPLICANT: OWNERS: Margaret A. Cargill Philanthropies 6889 Rowland Road & 6855 Rowland Road Margaret A. Cargill Philanthropies Rowland Shady Oak Props LLC 120 DAY REVIEW: Expires October 22, REQUEST: 1. Planned Unit Development Concept Review on 5.04 acres 2. Planned Unit Development District Review with waivers on 5.04 acres 3. Zoning District Amendment within the Office Zoning District on 5.04 acres 4. Site Plan Review on 5.04 acres 5. Preliminary Plat of 5.04 acres into 1 lot BACKGROUND The Comprehensive Guide Plan shows the 5.04 acre property for Office land use. Surrounding land uses consist of Office, Low Density Residential, and Park/Open Space. The property is zoned Office. The subject site is currently occupied by the existing Margaret A. Cargill Philanthropies (MACP) office and Albin Funeral Chapel. MACP will be acquiring the Albin Funeral Chapel site to accommodate its proposed building expansion. SITE PLAN The project is a 92,772 square foot office building. The existing building is approximately 27,000 square feet and the proposed expansion is approximately 65,000 square feet. MACP is proposing to plat the properties into a single lot. The site has a base area ratio of City code permits up to a 0.30 base area ratio and a 0.50 floor area ratio for a multi-story building in the Office zoning district. The site has a floor area ratio of 0.42.

10 Staff Report Margaret A. Cargill Philanthropies August 22, 2014 Page 2 The proposed plan includes several sustainable features including green roof, photovoltaic systems, geothermal system, water capture for irrigation, solar lighting, low mow landscaping, and permeable pavers. Additional information on these initiatives can be found in the narrative provided by the proponent. The proponent will be seeking LEED Platinum certification with this building. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waivers are proposed: 1. Maximum Height. The maximum height for a building in Office zoning district is 30 feet. The proponent is seeking a waiver to allow a maximum height of 43 feet 5 inches. The request for additional height is to accommodate an elevator and stair penthouse that would allow access to the green roof and photovoltaic panel system that is proposed for installation on the roof. The principal roof line of the structure will meet the Code requirement of 30 feet. Only the stair and elevator penthouse would exceed the Code height requirement. 2. Parking Stalls. The City Code requires 4.6 parking stalls for every 1,000 square feet of gross floor area of a building this size. For this site, that would require 426 parking stalls on site. The proponent is proposing to provide 170 stalls (140 in an underground garage for employees and 30 surface stalls for employees and visitors). The proposed parking meets the needs of the proponent s projected employee and visitor levels. The MACP is not open to the public and visitors are limited to those invited for appointments. The increased building height and reduced number of parking stalls allow the site to be developed in a manner which promotes and demonstrates a commitment to sustainable measures to be developed on site. TREE REPLACEMENT AND LANDSCAPING There are 354 diameter inches of significant trees on the property. Tree loss is 222 diameter inches, resulting in 185 caliper inches of tree replacement. The proponent is proposing to install 264 caliper inches, meeting the Code requirement. The landscaping requirement is 204 caliper inches based on the building size. A total of 286 caliper inches are provided thus meeting the Code requirement. ARCHITECTURE The building meets the exterior building material standards of at least 75% face brick, natural stone, and glass on all elevations.

11 Staff Report Margaret A. Cargill Philanthropies August 22, 2014 Page 3 SIGNS All sign permits will require separate review and approval through the sign permit process. SITE LIGHTING A photometric plan will be required to be submitted at the time of building permit and will be required to meet City requirements. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 5.04 acres 2. Planned Unit Development District Review with waivers on 5.04 acres 3. Zoning District Amendment within the Office zoning district on 5.04 acres 4. Site Plan Review on 5.04 acres 5. Preliminary Plat of 5.04 acres into one lot. This is based on plans stamp dated July 31, 2014 and the following conditions: 1. Prior to building permit issuance for the property, the proponent shall: A. Provide a photometric plan that complies with City requirements. B. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2. The proponent shall obtain all necessary and applicable permits for the geothermal system The following waivers have been granted through the PUD District Review for the property: A. Building Height. A waiver to allow the construction of an elevator and stair penthouse to a height of 43 feet 5 inches. The remainder of the building shall meet the maximum height requirement of 30 feet. B. Parking Requirements. A waiver to allow 170 parking spaces on site. City Code requires 426 parking stalls. 5. All signage shall require review and approval of a sign permit.

12 Area Location Map-- MACP Address: 6885 and 6889 Rowland Road, Eden Prairie, MN P O BELLEVUE LN CITY WEST PKWY CITY WEST PKWY C I T Y W E S MBERLAIN CT CHAMBERLAIN CT O L D S H A D Y SHADY OAK RD QR 61 T P K W Y REGENCY LN REGENCY LN L W O A K R L E R R D O R K E E T CHEROKEE TRL W D ROWLAND RD SITE CITY WEST PKWY GOLDEN RIDGE DR I DGE DR Feet GO LDEN R SHADY OAK RD BRYANT LAKE DR

13 T Guide Plan Map - MACP 6855 Rowland Road and 6889 Rowland Road, Eden Prairie, MN P C I T Y W E S Old Shady Oak Road CHA MBERLAIN CT 61O P O L D S H A D Y Shady Oak Road T P K W Y REGENCY LN B E R R Y RA SP- H I L C H L E R R D O R K E E T L W O A K R D SITE Rowland Road Creekwood Park City of Eden Prairie Land Use Guide Plan Map I DGE DR GO LDEN R Rural Residential 0.10 Units/Acre Low Density Residential Units/Acre Low Density/Public/Open Space Medium Density residential Units/Acre Medium Density Residential/Office High Density Residential Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector DATE Approved DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DATE Revised DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event w ill The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\officialmaps\officialguideplan.mxd Map w as Updated/Created: April 18, Feet

14 Zoning Map - MACP 6855 and 6889 Rowland Road, Eden Prairie, MN TYRELL I N P O C IT Y W E S Old Shady Oak Road T P K W Y RD CHAMBERLAIN CT Shady Oak Road REGENCY LN L A N D R D B E R R Y RA SP- H I L C H L E R R D O R K E E T L W O L D S H A D Y O A K R D SITE Rowland Road City of Eden Prairie Zoning Map I DGE DR GO LDEN R Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way Shoreland Management Classifications NE Natural Environment Waters RD Recreational Development Waters GD General Development Waters (Creeks Only) Year Floodplain In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. Up dated through approved Ordinances # Ordinance # (BFI Addition) approved, but not shown on this map edition Date: March 1, Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnes s of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to T he City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\officialmaps\officialzoning.mxd Map was Updated/Created: June 11, 2008

15 Aerial Map-- MACP Address: 6885 and 6889 Rowland Road, Eden Prairie, MN P O BELLEVUE LN CITY WEST PKWY CITY WEST PKWY C I T Y W E S MBERLAIN CT CHAMBERLAIN CT O L D S H A D Y SHADY OAK RD QR 61 T P K W Y REGENCY LN REGENCY LN L W O A K R L E R R D O R K E E T CHEROKEE TRL W D ROWLAND RD SITE CITY WEST PKWY GOLDEN RIDGE DR I DGE DR Feet GO LDEN R SHADY OAK RD BRYANT LAKE DR

16 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 25, 2014 COMMISSION MEMBERS: STAFF MEMBERS: 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper Julie Klima, City Planner Rod Rue, City Engineer Regina Rojas, Senior Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE ROLL CALL Acting Chair Kirk called the meeting to order at 7:00 p.m. Stoltz, Frank and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Egan, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 28, 2014 MOTION by Pieper, seconded by Weber, to approve the minutes. Motion carried 3-0. Egan and Higgins abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. MACP by Margaret A. Cargill Philanthropies Location: 6889 Rowland Road, Eden Prairie, MN Request:

17 August 11, 2014 Page 2 Planned Unit Development Concept Review on 5.04 acres Planned Unit Development District Review on 5.04 acres Zoning District Amendment within the Office Zoning District on 5.04 acres Site Plan Review on 5.04 acres Preliminary Plat of 5.04 acres into 1 lot. Kirk asked the project proponent to give an overview of the project. Shawn Kinniry, Manager of Office Facilities with Margaret A. Cargill Philanthropies, presented the proposal. He is joined this evening by Betsy Vohs and Jeff Walz with Gensler, design partners, Chris Nelson of KFI and Pat Koehnen with Vansickle AA, Engineering partners and Liz Borer, part of the MAC Philanthropies legal team. They are happy to answer any questions you have. Vohs presented the plan for the expansion of the Margaret A. Cargill Philanthropies office building. The big picture of the design really represents the philosophy and values of Margaret A. Cargill Philanthropies. Vohs stated MACP is taking the existing building and expanding on it to look like one building which matches the character and design of the existing building. MACP plans to be in the building for many years to come, so investing in the right, quality materials such as brick, limestone, bronze, and metal which will last a long time is important. We will be investing in landscape materials that are environmentally friendly such as permeable pavers and systems that last a long time and create an environment solution for the site as well. Enhance the watershed on the property. The proposal includes a LEED Platinum plus project including working to develop 15% of the onsite renewable energy through geothermal energy and through photovoltaic. Making sure the new systems are performing at their highest level to get the best value for the MACP and having a world class experience for all who enter. The expansion is two stories above grade which matches the current building height with surface parking made of permeable pavers. Staff parking would come off of Old Shady Oak Road connecting to the current below grade parking. The dining terrace will be expanded on the east side. Food production will be expanded with plantings on the roof top gardens and on the deck and more area to experience the landscape and maximize the site with the views of the wetland. There will be a penthouse on the top of the building with access to the green roof. Currently the existing building roof is covered by photovoltaic which provides 15% of the energy and two sky lights for natural light along with the green roof terrace for food production and native landscape material. There will be an area for education as well as a solar thermal array which will be used to

18 August 11, 2014 Page 3 heat domestic water. There are 1/3 of a mile of trails to encourage walking, wellness and to make good use of the area. Mr. Nelson talked about the geothermal component of the project. This component will provide 50% energy savings relative to a LEED baseline. Closed loop system used to exchange air in the winter and summer to heat and cool the space. Kirk asked Klima to review the staff report. The request is a PUD request with several waivers. First waiver request is relative to the building height to accommodate the penthouse stairs and elevator. The second waiver request is related to the parking requirements. City code would require for a building of this size and type of use approx 420 on-site parking stalls. The applicant is proposing to install 170 parking stalls as was noted in the proposal. Staff is recommending approval of the PUD including approval of the waivers requested subject to the information included in the staff report. Kirk asked if commissioners had any questions. Egan asked what the square footage of the penthouse was going to be and the square footage of the penthouse in relation to the building square footage. Vohs stated it was approximately 600 square feet. Pieper asked Klima how often we approve waivers to the parking requirements. Klima stated it is not uncommon for the city to receive and approve a waiver request for parking. In this particular request, the initial thing that staff is looking for is if this user would vacate the property would there be parking available for the next user of the site. This site, if developed in conformance to the plan before you tonight, has many unique characteristics so it would not be an office building that would be marketed to a general office user. This property will have a very specific user looking to relocate to this site. Given that level of detail and level of specificity, staff is comfortable with the amount of parking proposed for this project. If another user were to come in that needed additional parking certainly it could be revisited at that time. Kirk asked for public comment at this time. No public comments. Pieper stated the project was quite impressive and asked if they planned on bringing school children to the site for tours. All of the different components to the project would be a great educational experience for kids. Vohs concurred that education is a big component of this project so there will be many opportunities for education at this site both in the building and on the grounds for children and the entire community.

19 August 11, 2014 Page 4 Higgins asked if other geothermal design of this type has been developed throughout MN or other areas and how that has helped MACP understand the process as they move forward with this development. Nelson stated geothermal has been used for decades in MN and throughout the country. The peculiar thing here is it is located it in the wetland which is in the process of being approved by Nine Mile Creek Watershed District. Vohs stated they have done a lot of due diligence with the Nine Mile Creek technical evaluation panel to make sure they are comfortable with the intent and they are actually using this as a learning process too. They will be partnering with MACP to monitor and evaluate the project to see if it could potentially be used in other waterways as a leadership opportunity. Kirk asked Rue if there were any comments from the engineering perspective on the geothermal system. To my knowledge we don t have anything like this in Eden Prairie right now. Rue stated the geothermal aspects would be something directed at the building department. Kirk finds this to be a very innovative project. There are a lot of positives with this project. The planning commission and city staff have been strong proponents of the environmental sensitivity and sustainability and have done some homework on the LEED certification. The LEED platinum certification is certainly a very aggressive plan and we salute you and a great thing to see in Eden Prairie. MOTION by Weber, seconded by Egan, to close the public hearing. Motion carried 5-0. MOTION by Pieper, seconded by Weber, to recommend approval of the Planned Unit Development Concept Review on 5.04 acres; Planned Unit Development District Review on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres; Site Plan Review on 5.04 acres and Preliminary Plat of 5.04 acres into one lot. Motion carried 5-0. VII. PLANNERS REPORT A. Klima stated the September 8, 2014 meeting has been cancelled. VIII. MEMBERS REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS

20 August 11, 2014 Page 5 XI. ADJOURNMENT MOTION by Higgins seconded by Weber, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:40 p.m.