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02-09-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 9, 1998 Members Present: Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Steve Ach, City Planner; and Terry Maurer, City Engineer Aisc Present: Judy Thompson, Planning Commission Representative and Dana Anderson, Park and Recreation Commission Representative 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 7:20 p.m. by Mayor Duitsman. 2. Consider Aqenda COUNClLMEMBER FARBER MOVED TO APPROVE THE AGENDA AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 3. Consider Consent Aqenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3,3. 1/26/98 CITY COUNCIL MINUTES - APPROVED CALL SPECIAL MEETING FOR BOARD OF REVIEW FOR APRIL 30, 1998, AT 6 P.M. - APROVED APPOINTMENT OF DAVE ARO TO THE ICE ARENA COMMISSION - APPROVED COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Lake Orono Update Building and Zoning Administrator Steve Rohlf informed the Council that there are approximately 191 units proposed to be assessed for the Lake Orono project. Mayor Duitsman stated he felt it was important that the City Council make a decision on what the assessment for property owners will be so as to eliminate confusion among the lakeshore owners. Councilmember Dietz indicated he did not feel the city should pay more than 50 percent of the cost and suggested an assessment amount of $2,500 per unit. Councilmember Thompson suggested $2,350 per unit as a compromise. Elk River City Council Minutes Februar~v 9, 1998 Page 2 5.1. 5.2. 5.3. 5.4. 5.5. Patrick Plant indicated that the assessment range of $1,500 to $2,000 and 20 to 35 percent of the total was discussed among the lakeshore residents. Mayor Duitsman suggested that the Council make a decision on this issue at the next City Council meeting during the feasibility study discussion. Guardian Anqels of Elk River Request for Land Use Amendment (MR to HR and CC), Public Hearin.q Case No. LU 97-2 Guardian Anqels of Elk River Request for Zone Chan.qe, Public Hearin.q Case No. ZC 97-4 Guardian An.qels of Elk River Request for Conditional Use Permit, Public Hearin.q Case No. CU 97-20 Guardian Anqels of Elk River Request for Preliminary Plat fOrono Shores), Public Hearin.q Case No. P 97-12 Guardian An.qels of Elk River Request for Variance, Public Hearin.q Case No. V 97- 2~ City Planner Steve Ach indicated that Guardian Angels of Elk River is requesting the following applications. ag b0 Land Use Plan amendment changing the land use designation from medium density residential to high density residential and medium density residential fo community commercial. Rezoning from two family residential fo planned unit development. Preliminary Plat fo subdivide approximately 11 acres into one commercial lot; one lot for assisted living, 20 townhouse lots, and one lot considered common space around the townhomes. Conditional Use Permit for a residential and commercial planned unit development as well as site plan approval for Phase I consisting of 20 townhomes and 60 units of assisted living. Variance from the impervious surface coverage requirement. Steve Ach explained that the total amount of property consists of 11 acres. He gave an overview of the property included in the project and talked about how the shoreland ordinance effects the development. Steve Ach reviewed the components of the plat indicating that there are three lots proposed. He indicated that the tiers consist of 20 townhomes proposed on tier 1, 80 units of assisted living proposed on tier 2, and a commercial venture proposed for tier 3. He indicated that Phase I consists of 60 assisted living units and 20 townhomes. Steve Ach indicated that the variance request to the shoreland ordinance requirement is the main issue. He explained that the shoreland ordinance allows no more than 25 percent impervious coverage. He explained that tier 1 of the proposed project does not need fo meet the 25 percent, however tier 2 exceeds the requirement by almost 100 percent and tier 3 exceeds the requirement by approximately 60 percent. Steve Ach indicated that the Board of Adjustments reviewed the variance request and recommended that the variance be granted to allow 30 percent impervious coverage on each tier. Mayor Duitsman opened the public hearing for Items 5.1. through 5.5. Elk River City Council Minutes February 9. 1998 Page 3 Patrick Plant, 13184 Islandview Drive, indicated he was the Chair of the Water Quality Task Force and the past President of the Lake Orono Homeowners Association. He indicated that a majority of the lakeowners are in favor of the project concept, however they are opposed to exceeding the 25 percent impervious surface requirement and they are also opposed to a structure larger than two stories on tier 2. Mike Trossen of Trossen Wright Architects, discussed the proposal indicating that the townhomes would be set back farther from the lake than required on tier 1. He stated that the proposal is to construct a two-story assisted living area as opposed to a three-story as he feels this will lessen the impact visually to the residents and users of the lake. He indicated that tier 3 is proposed as a commercial lot which is somewhat limited due to the pie shape of the lot. Mr. Trossen indicated that in order to meet the 30 percent impervious coverage recommended by the Board of Adjustments, the commercial building would have to be reduced in size and over half of the parking would be eliminated. Carol Mills of Guardian Angels, indicated that the project needs a greater exception to the impervious surface requirement than the 30 percent recommended by the Board of Adjustments. Carol Mills stated that the impervious percentage has the greatest significance to the project. If Guardian Angels were to follow the standards, the density in the commercial corner of tier 3 and parking in tier 2 would be greatly affected. Carol Mills further indicated that they have met the intent of the DNR shoreland management ordinance in the following ways: 1.) surface water management; 2.) lakeshore preservation to keep the area natural; and 3.) adequate green and open space. Carol Mills indicated that the Board and Finance Committee have met and are offering the following compromise: to reduce the commercial building from 43,000 square feet to 23,100 square feet with the developer reconfiguring the building to meet the developers specific needs. This compromise would allow a second compromise on impervious percentages. Each party could move closer together. Guardian Angels would reduce its percentage from 49 percent to 40 percent and the city would increase its percentage from 30 percent to 40 percent in both tier 2 and tier 3. She indicated that the Board of Directors feels that this compromise would not have an injurious effect on the lake or on storm water management. Planning Commission Representative Judy Thompson indicated that the Board of Adjustments and Planning Commission felt very strongly about not going beyond 30 percent. Larry Kramka, Area Hydrologist from the DNR, indicated that the DNR is trying to find a way to make the project work to meet the physical uniqueness of the site as it is bound by Highway 10, a storm water pond, a frontage road and Orono Lake. He indicated that the DNR's position is that it is the City Council's decision as to whether or not a variance is warranted. Elk River City Council Minutes February 9. 1998 Page 4 Park and Recreation Commission Representative Dana Anderson indicated that he is not in favor of granting a variance for 40 percent to the impervious coverage requirement. There being no further comments, Mayor Duitsman closed the public hearing. City Engineer Terry Maurer indicated that if the project goes forward, the watermain will have to be looped through the project and extends east along Highway 10 to Elk River Bowl. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 98-11 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HR (HIGH DENSITY RESIDENTIAL) AND CC (COMMUNITY COMMERCIAL) BASED ON THE FOLLOWING FINDINGS: THE LAND USE PLAN AMENDMENT IS CONSISTENT WITH THE PROPOSED PLANNED UNIT DEVELOPMENT. LAND USE AMENDMENT PROVIDES A TIERING OF INTENSE LAND USE ADJACENT TO HIGHWAY INTERSECTION TO A LOWER DENSITY ADJACENT TO THE LAKE. THE LAND USE AMENDMENT IS CONSISTENT WITH THE CITY'S LAND USE PLAN STRATEGY TO FOCUS COMMERCIAL AT SIGNALIZED INTERSECTIONS AND HAVING COMPLIMENTARY LAND USES SURROUND THE COMMERCIAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 98-4 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE THE PROPERTY FROM R2 (TWO FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS: 1. RECENT FRONTAGE ROAD IMPROVEMENTS HAVE CHANGED THE CHARACTER OF THE PROPERTY TO WARRANT A REZONING. 2. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 3. REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN. 4. THE EXISTING FRONTAGE ROAD HAS BEEN DESIGNED TO ACCOMMODATE AN INCREASED DENSITY OF DEVELOPMENT ON THIS SITE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. Elk River City Council Minutes February 9, 1998 Page 5 COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT BE SIGNED AND RECORDED ALONG WITH THE PLAT. ALL COMMENTS FROM TERRY MAURER'S MEMO DATED DECEMBER 18, 1997, BE INCORPORATED INTO THE PLAT FOR APPROVAL. ° AN NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. APPROPRIATE EASEMENTS BE DEDICATED ON THE PLAT. THIS INCLUDES INCREASING THE EASEMENT ALONG THE PRIVATE STREETS TO 60 FEET IN WIDTH. A COMPLETE GRADING/DRAINAGE PLAN ALONG WITH CALCULATIONS BE PROVIDED FOR STAFF REVIEW. ALL PONDS AND STORM SEWER SYSTEM MUST BE CONSISTENT WITH EASEMENTS ON PLAT. ° PLAT APPROVAL IS CONTINGENT UPON THE LAND USE PLAN AMENDMENT, REZONING AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT BEING APPROVED. o ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY CITY AND DNR PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY AND RECEIVING SITE PLAN APPROVAL. o PARK DEDICATION FEES BE PAID FOR THE TOWNHOME UNITS AND COMMERCIAL PROPERTY. THE FEES WILL BE BASED ON THE RATE AT THE TIME OF FINAL PLAT AND SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. ° WATER AVAILABLE CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. APPLICANT CONSULT WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO UTILITY INSTALLATION OR HOOKUP CHARGES. 11. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE FEE WILL BE BASED ON THE LAND USE APPROVED AS PART OF THE PUD. 12. ACCORDING TO THE SHORELAND ORDINANCE CERTAIN CRITERIA TO PRESERVE AND MAINTAIN THE OPEN SPACE OF THE PUD MUST OCCUR. THESE GUIDELINES WILL NEED TO BE MET AND MADE PART OF THE PLAT WHERE APPLICABLE. 13. A FINANCIAL GUARANTEE FOR 100 PERCENT OF THE IMPROVEMENT COSTS BY PROVIDED TO THE CITY PRIOR TO ANY WORK COMMENCING ON SITE. 14. GUARDIAN ANGELS OF ELK RIVER, INC. SHALL BE ASSESSED FOR THEIR PORTION OF A POTENTIAL LAKE ORONO IMPROVEMENT PROJECT. Elk River City Council Minutes February 9. 1998 Page 6 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR MASTER PLAN APPROVAL OF ORONO LAKE DEVELOPMENT CONSISTING OF 20 TOWNHOMES, 80 ASSISTED LIVING AND SOME COMMERCIAL, AND SITE PLAN APPROVAL FOR PHASE I INCLUDING 60 UNITS OF ASSISTED LIVING AND 20 TOWNHOME UNITS WITH THE FOLLOWING CONDITIONS: COMMENTS OUTLINED IN TERRY MAIJRER'S LETTER DATED DECEMBER 18, 1997 BE INCORPORATED INTO THE PLANS FOR APPROVAL. A COMPLETE LANDSCAPING PLAN BE PROVIDED FOR PHASE I OF THE PROJECT. THIS PLAN SHALL INCLUDE ADDITIONAL LANDSCAPING ALONG LAKE ORONO AND ALONG THE WEST PROPERTY LINES. ELEVATIONS OF THE ASSISTED LIVING AND TOWNHOME UNITS SHALL BE SUBMITTED FOR REVIEW. THE TOWNHOMES ALONG THE LAKE SHALL BE A SINGLE STORY STRUCTURE, ASSISTED LIVING BE NO HIGHER THAN A THREE-STORY BUILDING, AND THE COMMERCIAL BUILDING BE LIMITED TO 40 FEET IN HEIGHT. ALL ELECTRICAL TRANSFORMERS MUST BE A MINIMUM OF 10 FEET FROM THE BUILDING, UNLESS A NON-FLAMMABLE WALL IS CONSTRUCTED PER BUILDING CODE. ALL AREAS DISTURBED BY GRADING SHALL BE REESTABLISHED WITH TOPSOIL AND VEGETATION. o EITHER THE PLANS BE MODIFIED TO MEET THE MAXIMUM 25% IMPERVIOUS AREA IN TIERS 2 AND 3 OR A VARIANCE BE GRANTED. o ALL OF THE COMMENTS OUTLINED IN THE SITE PLAN REVIEW SECTION OF THE STAFF REPORT TO THE PLANNING COMMISSION DATED DECEMBER 23, 1997 BE INCORPORATED INTO THE DEVELOPMENT PLANS. THE NUMBER OF DOCKS ALLOWED ON LAKE ORONO BE LIMITED TO ONE FOR THE ASSISTED LIVING AND ONE FOR EVERY TWO TOWNHOME UNITS. 10. SIGNAGE FOR THE TOWNHOUSE AND ASSISTED LIVING CONSIST OF MONUMENT STYLE SIGNS. A COMPLETE SIGN PACKAGE SHOULD BE SUBMITTED ALONG WITH THE FINAL DEVELOPMENT PLANS. 11. SIGNAGE FOR THE COMMERCIAL COMPONENT OF THE PUD SHALL BE A MONUMENT STYLE SIGN. THE SPECIFIC SIZE AND AREA WILL BE REVIEWED AT THE TIME OF A SPECIFIC DEVELOPMENT PROPOSAL. 12. THE APPROVED CONCEPT PLAN FOR THE PLANNED UNIT DEVELOPMENT APPLIES ONLY TO THE TOWNHOME (20 UNITS) AND ASSISTED LIVING COMPONENT (80 UNITS). THE COMMERCIAL COMPONENT WILL BE Elk River City Council Minutes February 9. 1998 Page 7 REVIEWED AT A LATER DATE AND A SPECIFIC SQUARE FOOTAGE WILL BE APPROVED AT THAT TIME. 13. THE COMMERCIAL COMPONENT OF THE PUD SHALL BE LIMITED TO THE USES ALLOWED IN THE C2 (OFFICE DISTRICT) SECTION OF THE ZONING ORDINANCE. 14. AN EMERGENCY/TRAIL CORRIDOR BE CONSTRUCTED IN THE SOUTHEAST CORNER OF THE PROJECT CONNECTING THE ELK MOTEL DRIVEWAY WITH ORONO LAKE DEVELOPMENT. 15. REVISED DEVELOPMENT PLANS SHALL BE SUBMITTED IN ACCORDANCE WITH THE CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO GRANT A VARIANCE TO THE IMPERVIOUS SURFACE COVERAGE UP TO 30 PERCENT ON TIER 2 AND 35 PERCENT ON TIER 3. The motion died for lack of a second. Carol Mills requested the Council to table ifs decision on this issue until Februaw 1 7 so that guardian Angles has a chance to speak with the developer regarding their needs. COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ISSUE UNTIL THE FEBRUARY 17, 1998, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Other Business There was no other business. 7. Staff Updates There were no staff updates. 8. Adjournment There being no further business, Mayor Duitsman adjourned the Council meeting. The meeting of the Elk River City Council was adjourned at 9:00 p.m. Respectfully submitted, Sandra Thack~ City Clerk