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5.1. - 5.5. SR 02-009-1998.~ty of · Iver MEMORANDUM Item# 5.1. - 5.5. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner. a~~__~ February 9, 1998 Request for Land Use Plan Amendment, Zone Change, Conditional Use Permit, Preliminary Plat and Variance by Guardian Angels of Elk River, Inc. Public Hearing Case No.'s LU 97-2, ZC 97-4, CU 97-20, P 97-12 and V 97-21 Issue Guardian Angels of Elk River, Inc. is requesting the following applications: ho Land Use Plan Amendment, changing the land use designation from MR (Medium Density Residential) to HR (High Density Residential) and MR (Medium Density Residential) to CC (Community Commercial). Bo Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development). Co Preliminary Plat to 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 1 consisting of 20 townhomes and 60 units of assisted living. Variance to the maximum allowable impervious surface coverage of 25% as set forth in the Shoreland District. Location The northeast corner of Highway 10 and Joplin Street. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council]P 97-12 February 9, 1998 Page 2 Zoning/Land Use R2b (Two Family Residential) / MR (Medium Density Residential) Attachments · Proposed development plans · Reports to the Planning Commission dated December 23, 1997 and January 27, 1998 · Report to the Board of Adjustments dated January 27, 1998 Overview Guardian Angels of Elk River, Inc. is proposing a planned unit development for an 11 acre piece of property bordered by Highway 10 on the south, Joplin frontage road and single family residential on the west, and Lake Orono along the north and east. The planned unit development is proposed to include three components: 20 townhomes along the lake, 80 units of assisted living in the central part of the parcel and a 43,000 square foot commercial component near the intersection of Highway 10 and the north frontage road. The first phase of the development would include the 20 townhomes and 60 units of assisted living. The commercial and additional 20 units of assisted living would be developed at a later date. Land Use/Zoning The land use and zoning applications are requests to change the zoning of the property from R2b (Two Family/Single Family Residential) to a Planned Unit Development and land use plan amendment to change the land use from MR (Medium Density Residential) to HR (High Density Residential) and CC (Community Commercial). The rezoning and land use plan amendment would allow for a mixed use planned unit development of townhomes, assisted living and a commercial component at the intersection of Highway 10 and the north frontage road. The advantage of the planned unit development zoning is it provides performance standard flexibility and consolidates different uses (i.e. commercial and residential) without relying on conventional zoning boundaries. The advantage to the City, it can negotiate a desired development plan and approve the zoning to PUD based on the preferred plan. s:\council\p97-12xl.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 3 Proposed Development Plans The proposed development plans include a campus development consisting of twenty townhome units along Lake Orono, an 80 unit two-story assisted living facility and 43,000 sq. ft. of commercial/office space near Highway 10. The main and only access into this property will occur off of the north frontage road. MN/DOT has requested no additional access be provided off of Highway 10 as the new intersection at Joplin and Highway 10 was constructed to be the controlled intersection for properties both north and south of Highway 10. There is an access on the east side of Guardian Angels property which is used by the Elk Motel. This access will remain in place and, in fact, a trail/emergency driveway will be constructed from the Guardian Angels facility connecting to the driveway which serves the Elk Motel. The trail/emergency corridor will be available primarily for pedestrians and secondarily for emergency vehicles if the main entrance is obstructed during an emergency. The interior circulation pattern on the proposed plans includes an interior loop road providing access to the entire campus. The roadway itself will be considered a private road, however, all of the utilities which will serve the property will be public. This arrangement is similar to Country Crossing Townhomes as well as the Cottages of Elk River which were both developed with private streets and public utilities. Typically, building elevations are submitted for the Planning Commission and City Council to review. Staff has received a verbal description of what each building may look like. If the Council is interested how the campus will appear, the Council may wish to ask the architect for an overview. Parl~ing One of the issues expressed by the Planning Commission related to the amount of parking on site. Michael Trossen has provided parking information from other assisted living facilities to demonstrate the typical parking demands for an assisted living complex. It appears other facilities have a parking ratio of I stall per 2 units. Based on the plans provided by Guardian Angels, they exceed this typical ratio by providing 60 stalls for 80 units. s:\council\p97-12x1.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 4 Phase I As previously mentioned, Guardian Angels are proposing Phase I to consist of the 20 townhomes and 60 units of assisted living. The additional 20 units of assisted living and commercial project will require a conditional permit reviewed by the Planning Commission and Council at a later date. Shoreland Ordinance The Department of Natural Resources has specific classifications for different types of water bodies throughout the City of Elk River. Lake Orono is considered a general development lake which has certain restrictions that extend 1,000 feet beyond the ordinary high water mark of the lake. This 1,000 foot dimension includes all of Guardian Angels' property and is therefore, subject to the Shoreland Management Ordinances and criteria to preserve the integrity of the natural resource. The first step in applying the Shoreland Ordinance to a piece of property is to determine the number of tiers which will affect the property. These tiers are measured is 200 foot increments radiating out away from the lake. Guardian Angels' property has actually four tiers, however, all of the development is occurring in the first three tiers. Generally speaking, the Shoreland Ordinance allows a certain amount of density or development within each tier. Some of the "base density" from one tier may be transferred to the next as long as that tier is further away from the lake. In no case shall the density be transferred from one tier back to a tier closer to the lake. Essentially, there are incentives built in to transfer more density away from the lake to further protect the natural resource. Besides the "base density" an increased density can also be achieved by meeting various enhanced performance standards. For example, these performance standards include additional open space, storm water management, vegetative protection and installation of additional landscaping. Attached is a density evaluation form prepared by Michael Trossen, architect for Guardian Angels, which outlines some of the setback and density issues within each tier. Impervious Surface Coverage Within the Shoreland Ordinance there is a section which refers to the maximum amount of impervious area (i.e., buildings, parking and driveways) of 25% in tiers 2 and 3. These are the tiers where the assisted living and commercial are proposed to be developed. Guardian Angels plans exceed the 25% impervious area coverage within tiers 2 and 3. The proposed plans show s:\council\p97-12x1.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 5 the total impervious area in tier 2 at 49% and tier 3 at 40%. The variance requested by Guardian Angels relates specifically to exceeding the maximum impervious coverage of 25%. The Planning Commission originally tabled this item and asked Guardian Angels to explore alternatives to the site plan which would allow for a reduction in the amount of impervious coverage in tiers 2 and 3. Although Guardian Angels were able to decrease the footprint of the proposed commercial building and increase its height to a three story versus a two story, the parking area increased proportionately. Therefore, the net impervious area had not changed from the original plans. At this point, to meet the maximum impervious coverage, the plans would have to be revised reducing the size of the commercial component to meet the impervious coverage requirement. Please review the Planning Commission reports for further information regarding this item. Background Information There is a considerable amount of background information relating to this development proposal. I would encourage the Council to review the attached reports to the Planning Commission and Board of Adjustments. Certainly, if there are questions, I would be happy to answer those either prior to or at the meeting Monday night. Planning Commission Recommendation The Planning Commission discussed these applications at two separate public hearings. The main issues seem to focus on: the variance request to exceed the 25% impervious coverage · the amount of commercial that should be developed on this site · how the project may impact Lake Orono. After much discussion, the Planning Commission and Board of Adjustments made the following recommendations with the conditions as outlined in the minutes dated January 27, 1998: ° Ao Approve the land use plan and zoning request to allow for a mixed use planned unit development of both high density and community commercial as a planned unit development. Bo Approve the preliminary plat to subdivide the property into 20 townhomes, 1 lot for the assisted living and I commercial lot. s:\council\p97-12x 1.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 6 C. Conditional use permit to approve the development plans for the 20 townhomes and 80 assisted living units. Any commercial use of the property would have to be reviewed at a later date. A variance to exceed the permitted density and allow an additional 6 units be constructed as part of the assisted living facility. Eo A variance to exceed the maximum impervious lot coverage of 25% to allow 30% impervious coverage to occur in tiers 3 and 3. Variance Appealed As the Council is aware, if the Board of Adjustments approves a variance without there being any appeal to the decision, the variance does not need to proceed to the City Council for any further action. On the other hand, if the variance is denied, it is automatically appealed to the City Council. In this particular case, two letters have been received appealing the Board of Adjustments' decision. Guardian Angels is appealing the decision on the variance regarding the impervious coverage. The second letter is from a neighboring property owner who is also appealing the variance decision by the Board. Therefore, even though the variances were approved by the Board, the appeals require Council consideration. Summa~. Over the past year, numerous meetings involving City staff, Guardian Angels and DNR representation have taken place to work through the project issues. Given the Shoreland Ordinance implications on this property, the DNR has been involved a great deal. Therefore, Larry Kramka from the DNR will be in attendance Monday night to answer questions and help clarify some of the Shoreland related issues. Generally speaking, once the interpretation of the Shoreland Ordinance was agreed upon, the townhome and assisted living portion of the project has involved less controversy than the commercial. The commercial component proposed at 43,000 square feet, exceeds the impervious coverage requirements by almost 100% in tier 2 and about 70% in tier 3. This has created the greatest challenge for everyone involved to make the commercial fit. Depending upon the Council's decision on the variance relating to the maximum impervious coverage, the plans may or may not have to be modified. s:\council\p97-12xl.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 7 Recommendation Ao Recommend approval of the Land Use Plan Amendment from MR (Medium Density Residential) and 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. Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development) based on the following findings: RECENT FRONTAGE ROAD IMPROVEMENTS HAVE CHANGED THE CHARACTER OF THE PROPERTY TO WARRANT A REZONING. o A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 3. REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN. o THE EXISTING FRONTAGE ROAD HAS BEEN DESIGNED TO ACCOMMODATE AN INCREASED DENSITY OF DEVELOPMENT ON THIS SITE. Co Recommend approval of Preliminary Plat with the following conditions: A DEVELOPER'S 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. o 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. s:\council\p97-12x 1.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 8 6. PLAT APPROVAL IS CONTINGENT UPON THE LAND USE PLAN AMENDMENT, REZONING AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT BEING APPROVED. ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY CITY AND DNR PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY AND RECEIVING SITE PLAN APPROVAL. 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. Do Recommend approval of 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 MAURER'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. s:\council\p97-12x 1.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 9 4. 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. 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 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. ro Recommend approval of a variance to the maximum allowable impervious surface coverage of 25% by allowing 30% impervious surface covirage in tiers 2 and 3, based on the following findings: LITERAL ENFORCEMEN TOF THE SHORELAND ORDINANCE WOULD CAUSE UNDUE HARDSHIP ON DEVELOPMENT OF THE PROPERTY. f:\shrdoc\council\p97-12xl.doc Memo to Mayor and City Council/P 97-12 February 9, 1998 Page 10 2. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS BOARDERED BY A STATE HIGHWAY (10) AND IS ENTIRELY WITHIN THE SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. o OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT GRANTED. THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. FURTHERMORE, THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER MANAGEMENT PONDS WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO LAKE ORONO. s:\council\p97-12x 1.doc City of 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 LOCATION LAKE ZONING j u g'1-Zo zc.9 I LOCATION U.S. HIGHWAy 'NO. 52 COURT HOUSE LAKE Rr~ER LI ;;. ;'- CF, O:'! · ORONO FAIR PARK GROUNDS HR LAKE HALL City of LAND US ~ MAP ~~ .lv~.,~. C ,, ,.,E: &,l,,~ ~j.j. ~.. j 13065 Orono Parkway * P.O. Box 490 /'kO ~ , ORONO LAKE DEVELOPMENT """ _.TOWNHOMES. LANDSCAPE KEY TREE O ~RtJ~ o · .. ~/['~TYPICAL CONIFEf~OU5 TI~PJEE PLANTING /~T'r'PICAL I~ECII~UOU5 51AI~UE5 PLANTING_ TIER I TIER 2 TIER 3 ol ...TOWNHOME$ .... ' l?OnY ' LI~IE (&]'-6') Trossen Wdght A~chitects, COMMERCIAL PI.ANNED UNIT DEVELOPMENT EVALUATION GUARDIAN ANGELS OF ELK RIVER, INC TIER 1 TOTAL SQUARE FOOTAGE ~-~NING DISTRICT Secti~'n 900.12 (6), 904.14 (5) BUILDINGS BUILDING COVERAGE HARD SURFACE TOTAL IMPERVIOUS TOTAL OPEN SPACE §ETBACK FROM ORDINARY HIGH WATER LEVEL Section 904.14 (5) (B) (iii) (b._____~) BUILDING SETBACKS SeCtion 900.18 PARKING Section 900.24 (12) (B) (vii) TIER 2 SQUnR FOOTAGE ~'~-'~-C'-~ Secti----'on 900.12 (9), 904.14 (6) [BUILDINGS BUILDING COVERAGE SURFACE ~ SETBACKS Section 900.18 Section 900.24 (12) TIER 3 TOTAL SQUARE FOOTAGE '~--~NING DISTRICT Section 900.12 (11) BUILDINGS BUILDING COVERAGE HARD SURFACE TOTAL IMPERVIOUS TOTAL OPEN SPACE BUILDING SETBACKS PARKING REGULATIONS Section 900.18 Section 900.24 1/'21/98 235,605 S.F. 20 Townhomes; No Commercial Buildings (See attached floor plan) 36,000 s.f. 78,584 s.f. 114,584 s.f. 48% 121,021 s.f. 52% 50 feet (minimum setback) + 25% of minimum setback = 62.5 feet 30' (front), 10' (side), 10' (rear) Two spaces per unit 171,162 S.F. 80 Units Assisted Living; No Commercial Buildings (See attached floor plan) 35,620 s.f. 49,019 s.f. 84,639 s.f. 49% 86,523 s.f. 51% 30' (front), 10' (side), 25' (rear) Parking Setbacks: 10 fi. from all property lines Senior Citizen Housing: Req'd One (1) s__pace per unit 8,: one (1) per employee Request variance (60 spaces shown) 95,946 S.F. C-2 - Office District: Government, business and professional offices 43,000 s.f. Commercial Building 13,000 s.f. 2__~5 331 s.f. 38,331 s.f. 40% 57,615 s.f. 60% 25' (front), 20' (side), 40' (rear), 40' (height) Parking Setbacks: 10 ft. from all prope_~_~ lines Office Building: Req'd One (1) space_____per 300 s.f. of floor area = 133 spaces 5 stalls must be accessible (13ft. x 20ft.) Page 1 RESIDENTIAL PUD COMMERCIAL PUD COMMERCIAL PUD (133 spaces shown) · ~'ossen Wdght Architects, P.A. 'OMMERCIAL PLANNED UNIT DEVELOPMENT EVAI.UATION ~ UARDIAN ANGELS OF ELK RIVER, INC 11/20/97 TIER 1 TOTAL SQUARE FOOTAGE 235,605 S.F. ZONING DISTRICT Section 900.12 (6), 904.14 (5) BUILDINGS 20 Townhomes; No Commercial Buildings (See attached floor plan) Page 1 RESIDENTIAL PUD iBUILDING COVERAGE 36,000 s.f. 15% iHARD SURFACE 78,584 s.f. 33% !OPEN SPACE 121,021 s.f. 52% ISETBACK FROM ORDINARY HIGH WATER LEVEL Section 904.14 (5) (B) (iii) (b) 50 feet (minimum setback) + 25% of minimum setback 62.5 feet ~BUILDING SETBACKS Section 900.18 30' (front), 10' (side), 10' (rear) i PARK/NO Section 900.24 (12) (B) (vii) Two spaces per unit TIER 2 171,162 S.F. TOTAL SQUARE FOOTAGE ZONING DISTRICT Section 900.12 (9), 904.14 (6) : IILDINGS 80 Units Assisted Living; No Commercial Buildings (See attached floor plan) COMMERCIAL PUD ~DING COVERAGE ' 35,964 s.f. 21% HARD SURFACE 49,019 s.f. 29%. OPEN SPACE 86,179 s.f. 50% BUILDING SETBACKS Section 900.18 30' (front), 10' (side), 25' (rear) PARKING REGULATIONS Section 900.24 (12) Parking Setbacks: Senior Citizen Housing: 10 fi. from all property lines Req'd One (1) space per unit & one (1) per employee Request variance for One (1) space per two (2) units (60 spaces shown) TIER 3 '.TOTAL SQUARE FOOTAGE 95,946 S.F. COMMERCIAL PUD ZONING DISTRICT Section 900.12 (I 1) C-2 - Office District: Government, business and professional offices BUILDINGS 43,000 s.f. Commercial Building BUILDING COVERAGE 21,500 s.f'. 22% HARD SURFACE ' 16,597 s.f. 17%' OPEN SPACE 59,349 s.f. 61% BUII.DING SETBACKS Section 900.18 25' (front), 20' (side), 40' (rear), 40' (height) PARKING REGULATIONS Section 900.24 Parking Setbacks: 10 ~. from all property lines Office Building: Req'd One (1) space per 300 s.f. of floor area = 133 spaces 5 stalls must be accessible (13fl. x 20fl.) (80 spaces shown) ASSISTED LIVING FOR ORONO LAKE DEVELOPMENT GUARDIAN ANGELS OF ELK RIVER DINING FAMILY DINE~G O O HOME HEALTH o LOBBY 0 / I / / I I / AGGIb-'q'. LIV. HEALTH O O PARLOR LOUNGE TROSSEN~G~ ARCHITECTS, TOWNHOUSE FOR LAKE ORONO DEVELOPMENT GUARDIAN ANGELS OF ELK RIVER TWO BEDROOM PLAN 0 4' ~,' -- LAUNDRY .i I I .i .i i ~Oo r~ z 0 SHEET NO. ~ \ O~ONO LEGEND NOTE5 ROCK CONSTRUCTION ENTRANCE I I I 0~0~0 L~ LEGEND D L~ \ \ 5.~4 F £ T NO. !1 ORONO LAKE DEVELOPMENT I I I I I · I I I ! P~B GUARDIAN ANGELS OF ELK RIVER t A8818TED eTOIIY, ~ IqiAell OleB ~T'~_f:::'f~OpO,~ED 51TE PLAN U J/ DIMENSIONS BUILDING NOT TO WATER ELEV' · B'II~' COMMERCIAL';:,, BUILDING NOT TO IX~ 40~ PA~ GALTEt~NATE COI'"IPIE~C. IAL BUILDING ORONO LAKE DEVELOPMENT GUARDIAN ANGELS OF ELK RIVER LAh"E oRot~o ..:,ff.. m HOA~ fT~F'F~QI=(;:)SED 51TE PLAN ~/TIEI~5 TIER 1 A. 235,605 S.F. B. RESIDENTIAL PUD C. PROPOSED 20 TOWNHOMES TIER 2 A. 171,162 S.F. B. COMMERCIAL PUD C. PROPOSED 80 UNITS ASSISTED LIVING TIER 3 A. 95,946 S.F. B. COMMERCIAL PUD C. PROPOSED 43,000 S.F. COMMERCIAL BUILDING iver MEMORANDUM Item # 4. TO: FROM: DATE: SUBJECT: Board of Adjustments Steve Ach, City Planne January 27, 1998 Request by Guardian Angels of Elk River, Inc. for Variance, Public Hearing Case No. V 97-21 Issue Guardian Angels of Elk River, Inc. is requesting the following variances: Variance to exceed the allowable density within the Shoreland District by allowing six additional units for a multi-story assisted living facility. Bo Variance to the maximum allowable impervious surface coverage of 25%. Location The northeast corner of Highway 10 and Joplin. Zoning/Land Use R2b (Two-Family Residential) / MR (Medium Density Residential) Attachments · Location map · Letter from Guardian Angels dated November 25, 1997 · Letter from Minnesota Department of Natural Resources dated October 22, 1997 and December 19, 1997 · Parking analysis prepared by Michael Trossen dated January 16, 1998 · Commercial planned unit development evaluation · Revised development plans 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Board of Adjustments/V97-21 January 27, 1998 Page 2 Overview Guardian Angels is proposing a mixed planned unit development of an 11 acre parcel adjacent to Lake Orono. The planned unit development has been divided into both a residential and commercial planned unit development. The townhomes adjacent to the lake have been considered residential while the assisted living and commercial parcel have been treated as commercial entities. This project is somewhat unique in that it is a mixed planned unit development. Since the project is a hybrid, the DNR and City staff have worked together to use a flexible interpretation of the ordinance. In some cases, the interpretation has helped Guardian Angels, while others are still in conflict with their plans. Density Variance The Shoreland Ordinance which applies to the property has specific density criteria for development within each tier adjacent to the lake (see attached map). After going through the lengthy calculations to determine the allowable density within each tier, it was found Guardian Angels would need a variance for 6 assisted living units to accomplish the proposed 80 unit assisted living complex. According to the Shoreland Ordinance, a total of 74 assisted living units could be developed in tier 2 without a variance. As the Planning Commission discussed at the last Board of Adjustments meeting, the 6 unit variance could be avoided by deleting one townhouse unit along the lake. Eliminating one townhouse unit allows the density from that townhouse unit to be transferred to the second tier which is where the assisted living is proposed to be constructed. Based on the one townhouse and applying the added bonus that may be achieved, 6 units can be transferred to the second tier and included in the assisted living achieving the desired 80 unit complex. Obviously, Guardian Angels is opposed to this as they feel sacrificing additional units at this point will not meet their market projections to serve this area. Impervious Coverage Variance The second variance involves exceeding the maximum allowable surface coverage within the second and third tier. The Shoreland Ordinance under commercial planned unit developments specifically reads, "iii. Erosion control and storm water management for commercial planned unit developments shall (C) be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier shall fi\shrdoc\planning\pc\v97-21x.doc Memo to Board of AdjustmentsN97-21 January 27, 1998 Page 3 not exceed 25 percent of the tier area except 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan consistent with Part 904.08(3)." As presented at the last meeting, Mike Trossen, the architect for Guardian Angels, provided a development evaluation form (see attachment) which outlined the amount of open space, building coverage, hard surface and total impervious area. The 25 percent maximum impervious area does not apply to tier I because this is the residential portion of the planned unit development. The design criteria listed in this section of the Shoreland Ordinance basically requires 50 percent open space be preserved as well as meeting several other design criteria. On the other hand, tiers 2 and 3 are considered commercial and are therefore required to maintain a maximum impervious area of 25%. If tier I was also considered commercial, it too would have to adhere to the 25% maximum impervious area. As outlined on the development evaluation forms in tier 2 the amount of total impervious area which includes building and parking areas, is 49%. In tier 3 the total impervious area is 40%. As Guardian Angels architect Mike Trossen presented to the Planning Commission at last month's meeting, there is no way they can meet the maximum 25% impervious area unless they reduced their plan by 50%. Therefore, the efforts made between the last meeting and this meeting was to try to minimize the need for a variance. One item the architect has taken a look at is reducing the footprint of the commercial building and making it a three story building. The building coverage area has decreased from 21,500 sq. ft. (22%) to 13,000 sq. ft. (13.5%). However, the hard surface area or parking lot has increased from 16,597sq. ft. (17%) to 25,331 sq. ft. (26%). The bottom hne is the total amount of impervious area has not decreased from the original proposal and is still at 49% in tier 2 and 40% in tier 3. Recommendation Ao The variance regarding the increase in density to allow 6 additional assisted living units is a variance that could be avoided by eliminating one townhouse unit and transferring that density to allow the assisted living to have a total of 80 units without the need for a variance. However, ff the assisted living building is constructed as proposed, the footprint of the building could allow the additional six units to be included within the footprint of the proposed building with no physical change to the development. If the site plan proposed for the assisted living is approved, staff would recommend approval of the variance f:\shrdoc\planning\pc\v97-2 lx.doc Memo to Board of AdjustmentsN97-21 January 27, 1998 Page 4 request to allow 6 additional units in the assisted living building, based on the following findings: LITERAL ENFORCEMENT OF THE SHORELAND ORDINANCE WOULD CAUSE AN UNDUE HARDSHIP, GIVEN THE BUILDING FOOTPRINT WILL BE LARGE ENOUGH TO ACCOMMODATE A TOTAL OF 80 UNITS. THEREFORE, WHETHER THE STRUCTURE HAS 74 OR 80 UNITS WILL NOT HAVE ANY ADDITIONAL EFFECT ON THE LAKE. THE PROJECT IS A MIXED PLANNED UNIT DEVELOPMENT WHICH HAS UNIQUE AND FLEXIBLE STANDARDS. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS, THE VARIANCE REQUEST FOR SIX (6) ASSISTED LIVING UNITS HAS BEEN MINIMIZED. J THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF ADJACENT RESIDENTS OR THE NEIGHBORHOOD IN WHICH THE DEVELOPMENT IS TO OCCUR. ASSISTED LIVING IS A UNIQUE TYPE OF FACILTIY MUCH DIFFERENT THAN ANY OTHER RESIDENTIAL DEVELOPMENT ADJACENT TO THE DNR WATERS. THE IMPACT FROM THE ASSISTED LIVING UNITS ONTO LAKE ORONO WILL BE VIRTUALLY UNOTICEABLE COMPARED TO OTHER TYPES OF RESIDENTIAL DEVELOPMENT. Bo At this time it is difficult for staff to support the variance request to exceed the maximum impervious area of 25% in tiers 2 and 3 of the Shoreland District. One suggestion the Board of Adjustments may wish to consider is granting a variance in tier 2 since that is where the first phase of construction will be occurring for the assisted living project. As indicated on the attached map, a majority of the commercial parking lot is included in tier 2 and is considered impervious. This parking lot will not be constructed until a later date when the commercial building has been proposed and approved through the Planning Commission and City Council. Therefore, by leaving the proposed parking lot pervious, the percent of impervious area in tier 2 is reduced to approximately 30%, much closer to the 25% required in the ordinance. When an application for the commercial building is finally submitted, a specific plan will be provided illustrating the exact amount of impervious area needed; which, may be less than is presently shown on the concept plan. Basically, a variance could be granted in tier 2 and no variance granted in tier 3 until a later date when a specific plan has been submitted which may be a more appropriate time to look at minimizing or reducing the amount of the variance that is being requested. f:\shrdoc\planning\pc\v97-2 lx.doc Memo to Board of AdjustmentsN97-21 January 27, 1998 Page 5 Therefore, staff is recommending approval of the variance request by Guardian Angels to exceed the 25% impervious coverage requirement in tier 2 of the proposed Orono Lake Planned Unit Development based on the following: LITERAL ENFORCEMEN TOF THE SHORELAND ORDINANCE WOULD CAUSE UNDUE HARDSHIP ON DEVELOPMENT OF THE PROPERTY. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS BOARDERED BY A STATE HIGHWAY (10) AND IS ENTIRELY WITHIN THE SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT GRANTED. o THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. FURTHERMORE, THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER MANAGEMENT PONDS WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO LAKE ORONO. This variance to the amount of impervious area applies only to tier 2 of the Orono Lake Planned Unit Development. A variance application will need to be submitted for tier 3 when a specific plan has been prepared and is ready for presentation to the Planning Commission and City Council. f:\shrdoc\planning\pc\v97-2 lx.doc Guardian Angels of Elk River, Inc. Variance Request for Orono Shores November 25, 1997 Description of Request for Variance: Over the past five months, Guardian Angels has worked with City Staff and the Regional Hydrologist from the ~_mnesota Department of Natural Resources on density issues for Guardian Angels' proposed Senior campus development. The DNR has calculated densities from the Shoreland Ordinance which was adopted by the City of Elk River in 1991. In their opinion letter of October 22, 1997, the DNR has recommended 20 units of townhomes (10 buildings) and 72 units of Assisted Living. Guardian Angels, as determined from its market analysis, would like to plan a total of 80 units of Assisted Living: 60 units in Phase I and 20 units as the future need is documented. In order to meet the projected needs of this special Senior population, Guardian Angels is requesting a variance of 8 units. The DNR concurs with this variance request and has stated in their letter that 8 units would be justified. Rationale: Based on the conditions the City has established in granting a variance, Guardian Angels would like to offer the following comments: + Hardship - The project intends to meet the demand and needs of Guardian Angels' projected waiting list, but also the demographic projections of the "over 85-year olds". Based on the statistics recently published by the Central lVfinnesota Council on Aging, Guardian Angels, as a ~ervice provider for this area, must be prepared to respond to the needs of the "baby boomers" who will mm 85 in the year 2030. Reducing the campus by 8 units would diminish our objective. + Land and Structure - The property is configured in an unusual pattern with the 1250 ft. of lakeshore on one side and the highway angling the property on the other. With the DNR Shoreland Ordinance dividing the property into Tiers, there is definitely a hardship based on the "lay of the land". Guardian Angels is also required to meet certain regulations for green space, ponding, storm drainage, street utilities easements, etc. Whereas Guardian Angels had planned for a commercial development by the lake at Hudson Street, the DNR requires this area be used as residential for townhomes versus commercial development. + Literal Application of Provisions - Other Assisted Living projects which are built on lakeshore have enjoyed higher densities. Guardian Angels, as petitioner, would feel deprived to be denied our variance. An example of an Assisted Living project with higher density per lakeshore acre would be Rosewood Estates in Roseville lVrmnesota that has 100 units of Assisted Living built on 2 acres fight next to the lakeshore. + Special Conditions & Circumstances - The petitioner, Guardian Angels, has not created any special conditions or circumstances by its own actions or inactions. Our market analysis and our waiting list to-date reflect the need for our 80 units of Assisted Living and we created our plans accordingly. +Injurious Effect on Other Residents of the City - The Lake Orono Association has had an opportunity to learn of Guardian Angels' plans. Sixty neighbors on Lake Orono were in attendance and seemed comfortable with the development plans. Guardian Angels does not believe that our project will adversely affect other residents of the City or neighborhood. +Docks and Public Access to the Lake - Guardian Angels plans to have one dock for the Assisted Living residents so that they can have an occasional pontoon ride. The townhomes will have no more than one dock for every two units. Guardian Angels' ~rfi~nion Guardian Angels of Elk River is committed to enhancing the lives of those it serves by providing quality health care and supportive services; its primary focus is on the provision of services to older persons. The organizan'on seeks to develop and cultivate a contiratum of services in a variety of setrings that enable individuals to maintain their highest level of independence, dignity and spirituality. Working in cooperation with other organizations and individuals, Guardian Angels assists in meeting the health care and supportive service needs in the community and beyond. GUARDIAN ANGELS: 1962 - 1997 As a continuing ~are community for Seniors, chronically ill and post hospital clients, Guardian Angels has provided Senior housing and health care options in a supportive environment for the past 35 years. Founded in 1962 under the sponsorship of Holy Trinity Episcopal Church of Elk River in cooperation with Elk River's business leaders and medical community, Guardian Angels began with a vision of an acute care hospital. However, as the dream grew it became apparent the community needed servie.~ for Seniors rather than an acute care facility. A 60-bed skilled nursing Care Center was built in 1965 along with a 24-unit Senior apartment building on the Mississippi River. Today Guardian Angels serves over 1,000 p&ople per month in its various Senior programs. Enhancing people's independence, dignity and spirituality has been the focus of all services and the guiding force behind development of buildings and programs. Guardian Angels has developed congregate Dining Sites, Mobile Meals, Assisted Living services, Adult Day Care, a Senior Center, a 120-bed skilled nursing Care Center in Elk River and 216 Senior Apartment units in Elk River, Zimmerman and Becket, Ivfmnesota. In 1998, 21 units of Senior Housing, Pine Cone Manor, will be added to the Pine Tree Manor Senior Housing in Zimmerman. Most recently, the organization's Home Health Care merged with Elim Care Ministries to form a broader Home Care agency. Also, a community Hospice program at the Care Center provides services to the terminally ill and support to their families. Looking ahead to a growing population of Seniors, the Board of Directors is planning its newest campus on Lake Orono. In 1998 on 12 acres at Lake Orono, Guardian Angels plans to build Assisted Living and townhouses for Seniors. With a successful "Be An Angel" $1.1 million Capital Campaign, Guardian Angels has been able to expand the skilled nursing Care Center with three new wings, 20 additional private rooms plus ancillary spaces such as family dining room, chapel/community room and reflective area. At the completion of the Campaign by 1998, the Elk River Senior Center/Dining Site will be expanded by 8,108 square feet so that more community Seniors can come to share dining and social events with the Seniors living on the Guardian Angels campus. ASSISTED LIVING In the broadest sense, assisted living could be described as a program approach that emphasizes consumer values, a residential setting and care service capacity to facilitate "aging in place." This definition incorporates the underlying premises around which consensus exists: a consumer orientation, a residential setting and some available services. The rationale for this level of consensus is straightforward. First, because older adults do not want to leave their own homes, the setting must be as much like a private home as possible. Second, availability of services is a strOng motivation to move into congregate housing. Finally, both the setting and services have to be consumer friendly to be market competitive. While a variety of assisted living models exist, the models can be categorized as one of three types: housing with services, assisted housing and nursing home replacement. The type of assisted living that Guardian Angels is planning for its Lake Orono campus is assisted housing. Because assisted housing emphasizes easing the impact of communal aspects of congregate living (e.g., meal services, scheduled use of community space, scheduled personal care services, etc.), individual autonomy often is viewed in terms of group norms. Clients are encouraged to make decisions that fall well within acceptable ranges for the group as a whole. This model typically fills a gap between housing options where residents are able to direct and usually arrange their own services and settings v;'here occupancy is dictated by service need. This model emphasizes the need for oversight and the role of staff in ensuring needs are identified and services provided. Typically, the setting (not the services) is licensed, often resulting in more restrictive building codes and fewer residential features. For example, more support services spaces - such as an activity room, medication storage area and central staffing area - are built in. There is more emphasis on safety features and less emphasis on the amenity level of units. However, wood trim, upholstered furniture, indirect lighting and other residential treatments are used to soften the feeling of the building. Assisted housing has more service capacity. Personal care services are routinely available, including assistance with bathing, grooming, walking, eating, taking medications and toileting. In-house staff often deliver all of the hotel-type services and many of the personal care services. External staff such as home care and home health aides deliver complex personal care and perform any nursing-related tasks. Pricing mechanisms typically include shelter and a basic package of services. Additional services are offered via individual contract. From the provider's point of view, the assisted housing model may be a mixed blessing. Marketing units may be easier, and residents have a high desire to remain where they are. But assisted housing may require more expensive construction, licensure and more intensive management skills. Additionally, service funding is a significant issue, particularly for low- and moderate-income residents. Minnesota Department of Natural Resources DNR WATERS 4140 THIELMAN LN., #203, ST. CLOUD, MN 56301 Phone No. (320) 255-2976 December 19, 1997 Steve Ach City Planner City of Elk River P.O. Box 490 Elk River, MN 55330-0490 Dear Mr. Ach: Preliminary Plat of Orono Shores, Orono Lake (71-13P), Sherburne County Thank you for sending a copy of the proposal for our review. As you know we have worked with Guardian Angels and their consultants to develop a proposal that meets the requirements of the City including preserving the shoreland values of the property. It appears that the proposal will balance all of the requirements and still provide for the desired senior housing project. The PUD requirements in the shoreland ordinance, appear to have functioned well in helping to create a suitable development within the context of the developers needs and the City code. I have reviewed the plan sheets and supplemental data you provided and have the following comments. First of all, the densities being proposed appear to be consistent with the shoreland ordinance. They also follow with the discussions we have had with the proposer. There is the need for a small variance to the allowable units in tier 2. This variance does not conflict with the integrity of the Shoreland Program, if the Board of Adjustment believes that a suitable hardship exists. One factor that is not discussed in the plat, is that the density multiplier requires that the building setbacks exceed the standard by 25% and that there are other methods used to screen and reduce visibility approved by the City. The most likely approach to use in this case would be to preserve and enhance the vegetative conditions of the site. Obviously views of the lake are ~mportant. Therefore a vegetation/landscape plan should include a strategy to balance the need for view with site specific plantings of mixed tree and shrub species to meet the overall intent of this section. The tier calculation tables have a couple of discrepancies that should be corrected. First of all, the tier 2 summary includes the statement that there are no commercial buildings present. This is inaccurate, since the assisted living complex is being considered a commercial building for the purposes of the PUD. In addition, the open space in tier one is more accurately stated as 51%. The proposal is a mixed use PUD. Therefore, the proposal has the characteristics and DNR Information: 612-296-6157. 1-800-766-6000 · I'FY: 612-296-5484. 1-800-657-3929 An Equal Opportunily Employer ~N~,~, Printed on Recycled Paper Cmuainmg a Who Values Diversity t~ll~l~ Minimum Jif' j()t,~ J)o,t-C(m,umcr Wilqc Preliminary Plat of Orono Shores 12/19/97, page 2 requirements of both residential and commercial PUD. The standards for stormwater management require that there be no more than 25% total impervious area within tier 2 and 3. The current proposal exceeds this requirement. In tier 1, the residential PUD language allows deviation from this standard with an approved stormwater management plan. The proposal was developed with a stormwater management system which incorporates sufficient ponding to adequately treat the generated runoff of the site. This deviation from the standards needs to be addressed, most likely with a variance. If the Board of Adjustment found that a variance was justified we would not object. However, stormwater management practices should be sufficient to have no net change on the rates and qualities of runoff from the site than would have been allowed if developed according to the standard. Lastly, the ordinance requires that there be agreements and restrictions in place governing open space and common area, maintenance and preservation. I am not sure if these have been drafted at this time. However, I recommend that any approvals be issued under the condition that these items need to be reviewed and approved by the City prior to final recording. Thank you again for the chance to review the project. I appreciate your work on trying to balance the complexities of a mixed use PUD as well as the other City code requirements. This proposal has been greatly modified from it's original form and appears to strike a balance. The PUD requirements have worked well in numerous projects around the state, when the level of development is matched to the site characteristics. This site has some significant limitations for the level of development originally anticipated, which increased the amount of frustration and tension within the process. I hope that in its final form we have an acceptable project for all the participants. Area Hydrologist Michael Trossen, Trossen Wright Architects P.A. Carol Mills, Guardian Angels of Elk River David Hills, Regional Hydrologist Ed Fick, Shoreland Hydrologist STATE OF EPARTMENT OF NATURAL RESOURCES 4140 THiELMAN LN.,//203, ST. CLOUD, MN 56301 r~HONE NO.(320) 255-2976 FILE NO. October 22, 1997 Carol Mills Executive Director Guardian Angels of Elk River 280 Evans Av. Elk River, MN 55330 Dear Ms. Mills: PROPOSED SENIOR CAMPUS, LAKE ORONO (71-13P), SHERBURNE COUNTY First of all let me apologize for missing the last meeting. I was under the impression that you were going }Oo confirm the meeting date, time and place after speaking with the city staff. I also wanted to thank you r your cooperation with the city and the Department as we try to work through the remaining issues on this project. I do want to clarify some issues that seem to keep coming up. First of all, I want to reiterate that the shoreland ordinance does not appear to prohibit development of the campus. However, it does limit the densities under which this development can occur. This is also true of the other city codes. It is also important to understand that the shoreland ordinance is meant to reduce aesthetic, as well as recreational use impacts of the shoreland and accompanying water body. The standards for PUD's allow for increased densities in part through increasing setbacks, transferring densities from near shore further back, and managing vegetation and stormwater in a collective fashion. The ordinance also provides for commercial development, with increased setbacks. The shoreland ordinance is not the only city code involved and cannot be separated from any other controls the city has. That is why I have encouraged you to include city staff in the discussions. A meaningful solution cannot be reached by breaking this into pieces. We need to make sure that in satisfying one ordinance we do not run into another problem with another section of ordinance. There has been a great deal of debate about the PUD standards and specifically whether this is commercial or residential. The letter from Ed Fick, indicated that there is clearly portions that are residential (the townhomes) and commercial (the retail/clinic). The assisted living facilities fall in between the two definitions. They have characteristics of both. However, in loo 'king at the sen'ice and transient nature of the facility it appears to me that it is appropriate to call the assisted living commercial also. I am comfortable with treating the assisted living under the commercial PUD standards. I have never felt that it was appropriate to classify the to~mhomes as anything other than residential. What I have said is that if this remains to be a question, the Board of Adjustment is set up to make those interpretations, although I do not see any other way to classify the to~mhomes and my comments to the Board of Adjustment would be that the townhomes are clearly residential. Furthermore, because this is a mixed use PUD, the standards for commercial and residential PUD's must be applied to each portion. This does raise some questions when transferring densities from the residential portion to the commercial. Your architect has asked about whether the ordinance allows the transfer of a quad from the first tier to the second tier commercial, based on floor area rather than units. Specifically, can the four 1200 ft: units be transferred and then convened to twelve 400 ft2 units of AN EQUAL OPPORTUNITY EMPLOYER Guardian Angels, 10/22/97 page 2 assisted living in tier two. The answer to this question is yes. In our opinion this can be done under the present ordinance and according to the preliminary calculations this would yield an allowable density of 72 units. In order to get the 80 units you desire you would need to ask for a variance. However, considering the physical limitations of the property a minor variance of 3200 ft2 in this situation, I believe could be justified. With this clarification it appears that the shoreland ordinance will allow you to develop the 20 units of townhomes in tier one, 72 units of assisted living in tier two, and a commercial building in tier three of 43,173 ft~, without any variances to the shoreland standard. Again, please bare in mind that this assumes that all the other standards for open space, stormwater, etc.., are also met as well as any other city codes. Lastly, I have checked into the issues that were brought up, regarding Cambridge. Rather than going into great detail, it appears that this would have no bearing on your situation. Specifically, the City allowed commercial development (the assisted living) to occur in an area where commercial development is prohibited (the Wild and Scenic River district). I hope that this clarifies the department position as well as allow you to go forward with design process. I strongly recommend that you work with the city staff to resolve all of the outstanding issues and not focus on the shoreland standards. ..~cerely, Larry Kramka Area Hydrologist Ce David Hills, Regional Hydrologist City of Elk River / Michael Trossen, Trossen Wright Architects P.A. ,y of River Item #'s 6.4, 6.5, 6.6. & 6.7. · MEMORANDUM TO: FROM: DATE: Planning Commission Steve Ach, City Planner_~~ January 27, 1998 SUBJECT: Request for Land Use Plan Amend- ment, Zone Change, Conditional Use Permit and Preliminary Plat by Guardian Angels of Elk River, Inc., Public Hearing Case No.'s LU 97-2, ZC 97-4, CU 97-20 and P 97-12 Issue Guardian Angels of Elk River, Inc. is requesting the following applications: Ao Land Use Plan Amendment, changing the land use designation from MR (Medium Density Residential) to HR (High Density Residential) and MR (Medium Density Residential) to CC (Community Commercial). Bo Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development). Co Preliminary Plat to 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 1 consisting of the townhomes and 60 units of the assisted living. Location The northeast corner of Highway 10 and Joplin Street 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Planning Commission/P 979-12 January 27, 1998 Page 2 Zoning/Land Use R2b (Two Family Residential) / MR (Medium Density Residential) Attachments Parking analysis from Michael Trossen dated January 16, 1998 Revised development plans dated January 20, 1998 Report to the Planning Commission dated December 23, 1997, with backup material Background At the last Planning Commission meeting Guardian Angels presented their planned unit development proposal to the Planning Commission and a public hearing was held. At the meeting, there was no one that spoke during the public hearing. The Commission delayed action on Guardian Angels' requests for the following reasons: · Evaluate design of the entrance into the project. · To receive additional information on the landscape plan. · To evaluate how the need for variances can be minimized or eliminated. · Provide additional information regarding the parking demands for the assisted living. · Adjust the driveways for the townhomes. · Research of the Shoreland Ordinance to see if it can be amended · Clarify comments in letter from DNR The Planning Commission should refer to my memo dated December 23, 1997, for an overview of the project. Revised Development Plans The revised development plans by Guardian Angels have addressed the following issues: Separation between the townhouse units has been adjusted to accomplish a 60 foot distance allowing vehicles to utilize a standard parking lot dimension to access the townhouse garages. * The landscaping plan has been enhanced by including a significant number of overstory trees throughout the interior of the project. ~\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/P 979-12 January 27, 1998 Page 3 * The footprint of the commercial building in tier 3 has been reduced from approximately 21,500 sq. ft. to 13,000 sq. ft. and converted to a 3 story building. The parking lot area has been increased in size to meet the parking requirements of a 43,000 sq. ft. commercial building with a parking ratio of I stall for every 300 sq. ft. of building area. This parking ratio is based on the city's ordinance for office buildings. If the building was to be used for medical or dental clinics, the parking ratio would be one stall for every 200 sq. ft. of floor area. * A 60 ft. drainage and utility easement has been included along the interior roadway as requested by Elk River Municipal Utilities. * A 30 ft. easement in the southeast corner of the project for emergency access and trail extension. * Redesigned the entrance off of Joplin Street frontage road to include one land entering the site, a raised median and two lanes exiting the site. Analysis The revised development plans have done a good job in addressing several of the issues pointed out in staffs report that was presented to the Planning Commission last month. However, there are a few details that still need to be corrected on the plans and should not be problem at this point. These issues are all outlined in the report dated December 23, 1997, or in the conditions of this report. Assuming the variance to allow an increased density of 6 additional assisted living units is approved, the townhouse portion and Phase 1 of the assisted living appears to be an acceptable plan in terms of the transportation routes, building locations and setbacks being met. However, as pointed out in the variance report, the amount of impervious area which needs to be constructed to accommodate the 43,000 sq. ft. commercial building, staff still has a concern with the amount of that variance. At this point in the process, staff would recommend approving the townhomes and assisted living as proposed, however, not approving any type of concept plan for a commercial building in tier 3 or associated parking in tier 2. By not approving this component of the planned unit development master plan, it does the following: Reduces the amount of impervious area in tier 2 down to a point where a variance for the assisted living could be justified. f:\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/1) 979-12 January 27, 1998 Page 4 2. Provides the opportunity for a specific commercial plan to be proposed which may have less impervious area than the concept plan illustrates. Parking Analysis Michael Trossen has provided a parking survey of other assisted living projects. It appears other facilities have parking at I stall per 2 unit ratio. Based on this ratio the parking shown on the proposed site plan should be adequate. However, it is incumbent upon Guardian Angels to determine if the amount of parking is adequate regardless what the ordinance may require. On street parking in this complex may be restricted as requested by the Fire Chief. * 80 units proposed * 1 space/2 units * 40 stalls required * 60 stalls provided Project Entrance The entrance has been redesigned to accommodate additional vehicles leaving the site. Terry Maurer will be analyzing the trips generated from the entire complex, including 43,000 square feet of office/medical, to make sure the entrance will be adequate. La ndsc al~ ing The plan has obviously increased the quantity of landscape material. Two areas need additional attention: * Along the west property hne where the project abuts single family residential. * Strategic locations along the lake and between the units. This is required as part of the increased density along the lake. Building Elevations No building elevations have been submitted for review. Michael Trossen has verbally explained what the building may look like; however, no plans are available at this time. The Commission may wish to discuss this further at Tuesday's meeting. fi\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/P 979-12 January 27, 1998 Page 5 Please refer to the staff report dated December 23, 1997 for further information. Summa~. The Planning Commission has four applications to consider this evening: land use plan amendment, zone change, conditional use permit and preliminary plat. There is also a two-part variance applications which will be acted on separately, however has a direct influence on the plan which will be approved. The land use plan amendment and rezoning work together to coincide with the proposed plan submitted by Guardian Angels. With planned unit development the Commission has the discretion to approve the PUD rezoning based upon an acceptable plan. The property is currently zoned R2b which is a two family residential zoning district. Based on the planned unit development, a portion of the property will be changed to accommodate a commercial component. As shown on the proposed development plans, this could possibly be a 43,000 sq. ft. building if the variance to exceed the maximum impervious area is granted. I mention this because the Commission will be addressing the issue regarding the variance of the 25% impervious area which is necessitated in a great deal by the commercial development. If the Commission sees that the commercial component of the PUD demands too great of a variance from the Shoreland Ordinance, the planned unit development can be adjusted to reduce the amount of commercial. Other than this issue, staff believes the request to a planned unit development is the best zoning option, given the makeup of the project with or without a commercial component. As far as the conditional use permit and preliminary plat requests, these two applications will be used to approve the plans for the planned unit development as well as the platting of the property which will be consistent with the building configurations and the lot layout. The conditional use permit will specifically approve the overall concept plan and at the request of Guardian Angels, approve their first phase which are the townhomes and 60 units of assisted hving. The additional 20 units of assisted living and any commercial component will require a conditional use permit at a later date. Recommendation Ao Recommend approval of the Land Use Plan Amendment from MR (Medium Density Residential) and HR (High Density Residential) and HB (Highway Business) based on the following findings: f:\shrdoc\planning\pc\p97-12x4.doc Memo to Planning CommissionfP 979-12 January 27, 1998 Page 6 1. The land use plan amendment is consistent with the proposed planned unit development. o Land Use Amendment provides a tiering of intense land use adjacent to highway intersection to a lower density adjacent to the lake. Bo Co 3. 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. Rezoning 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. * The land use plan amendment and rezoning are recommended assuming the Planning Commission determines a commercial component of "some" size can take place. Recommend approval of Preliminary Plat with the following conditions: ° A Developer's Agreement and Planned Unit Development Agreement be signed and recorded along with the plat. All comments from Terry Maurer's 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. f:\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/P 979-12 January 27, 1998 Page 7 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. o Plat approval is contingent upon the land use plan amendment, rezoning and conditional use permit for a planned unit development being approved. 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. Do Recommend approval of Conditional Use Permit for master plan approval of Orono Lake Development and Phase I including 60 units of assisted living and 20 townhome units, with the following conditions: Comments outlined in Terry Maurer'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. f:\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/P 979-12 January 27, 1998 Page 8 3. 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 two-story building, and the commercial building be limited to 40 feet in height. o All electrical transformers must be a minimum of 10 feet from the building, unless a non-flammable wall is constructed per building code. o All areas disturbed by grading shall be reestablished with topsoil and vegetation. 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 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. f:\shrdoc\planning\pc\p97-12x4.doc Memo to Planning Commission/P 979-12 January 27, 1998 Page 9 14. An emergency/trail corridor be constructed in the southeast corner of the project connecting the Elk Motel driveway with Orono Lake Development. f:\shrdoc\planning\pc\p97-12x4.doc WRIGHT ARCHITECTS P.A. MEMORANDUM TO: FROM: DATE: RE: Ms. Sherry EmersonMutterer Guardian Angels 350 Evans Avenue Elk River, Minnesota 55330 Mr. Michael Trossen Trossen Wright Architects, P.A. 405 Sibley Street, Suite 230 Saint Paul, Minnesota 55101 January16,1998 Parking Statistics -Projects Throughout Minnesota 405 SIBLEY STREET SUITE 230 SI, PAUL. MN 55101 [6121 222.1244 / The following is the outcome of research conducted by our office on the statistics for both assisted and congregate living projects throughout Minnesota. This listing is a combination of projects done by both Trossen Wright, as well as other sites we have personally visited over the past several weeks. Assisted Living Rosewood Estates Roseville, Minnesota Units Parking Stalls 100 52 Rosewood Estates Saint Paul, Minnesota 100 37 Rosewood Estates Maplewood, Minnesota 106 54 Homestead at Maplewood Maplewood, Minnesota 62 38 Heritage Living Center Houston, Minnesota 18 14 River Heights South Saint Paul, Minnesota 60 30 (Proposed) (Proposed) Assumption Court Cold Spring, Minnesota 35 22 Ms. Sherry EmersonMutterer Guardian Angels January 16, 1998 Page 2 Evergreen Place Pine Island, Minnesota 24 19 Saint Anthony Health Center Saint Anthony, Minnesota 26 9 Congregate Livine Willow Wood Apartments White Bear Lake, Minnesota Units 46 Parking Stalls 36 Shepherd Oak Sauk Rapids, Minnesota 46 31 Angel Ridge Apartments Elk River, Minnesota 54 17 Lilac Parkway Robbinsdale, Minnesota 44 26 Summit Point Edina, Minnesota 29 20 Pleasant Place Rogers, M/nnesota 24 12 Maple Terrace Maple Plain, Minnesota 38 19 Rose Court Pierz, Minnesota 16 12 c: ~orojectslgntardange,r~tmo~ach Guardian Angels on the Lake Nurse Staffing Patterns for the Assisted Living Facility Proposed staffing for 60 Units: Daytime shift: Evening shift: Night shift: 7 to 10 staff total 3 stafftotal 1 stafftotal Proposed staffing for 80 Units: Daytime shift: Evening shift: Night shift: 10 to 12 staff total 4 to 5 staff total 1 to 2 staff total These numbers are based on an average acuity level of assisted living residents. numbers could vary slightly as the acuity level fluctuates. These Administrative Staffing Patterns for Assisted Living Project Daytime Shift: 2 Staff total Dietary Staffing Patterns for Assisted Living Project: Daytime Staffing: 3 Staff total Maximum total staff: 17 Staff at any time 1-19-98 of River MEMORANDUM TO: FROM: DATE: SUBJECT: Item #'s 6.3 thru 6.6. Planning Commission Steve Ach, City Planner~.z~ December 23, 1997 Request for Land Use Plan Amend- ment, Zone Change, Conditional Use Permit and Preliminary Plat by Guardian Angels of Elk River, Public Hearing Case No.'s LU 97-2, ZC 97-4, CU 97-20 and P 97-12 Issue Guardian Angels of Elk River is requesting the following applications: A. Land Use Plan .Amendment, changing the land use designation from MR (Medium Density Residential) to HR (High Density Residential) and MR (Medium Density Residential) to HB (Highway Business). B. Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development). C. Preliminary Plat to subdivide approximately 11 acres into one commercial lot, one lot for assisted living and 20 townhouse lots. D. Conditional Use Permit for a mixed use planned unit development and site plan approval for Phase 1. Location The northeast corner of Highway 10 and Joplin Street Zoning/Land Use R2b (Two Family Residential) / MR (Medium Density Residential) 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Planning Commission/P 97-12 December 23, 1997 Page 2 Attachments · Report from the City Engineer · Location map · Zoning map · Land use plan map · Development plans · Letter from the DNR dated December 19, 1997, and October 22, 1997 · Letter from MN/DOT dated July 14th · Planned unit development evaluation Overview The subject property is bordered by Highway 10 on the south, Jophn frontage road and single family residential on the west, andLake Orono along the north and east. The property is currently vacant. The property's frontage on Lake Orono has some existing vegetation as well as the area along Highway 10. An existing storm drainage pond is located in the southwest corner of the site which is shared with the adjacent property and serves as a water quality pond for runoff from the Joplin Street frontage road. As part of the Joplin Street frontage road project, a curb cut into the subject property was installed to correspond with Guardian Angels proposed plans for the site. There is also a curb cut in the southeast corner of the property from Highway 10. This driveway serves as access into the Elk Motel. An easement between Guardian Angels and the motel is in place for the driveway. Shoreland Ordinance The Department of Natural Resources has specific classifications for different types of water bodies throughout the City of Elk River. Lake Orono is considered a general development lake which has certain restrictions that extend 1,000 feet beyond the ordinary high water mark of the lake. The Guardian Angels parcel is completely within the 1,000 foot distance. Therefore, development of the parcel will be subject to certain shoreland management ordinances and criteria to preserve the integrity of the natural resource (Lake Orono) and make sure development is compatible with its surroundings. The first guideline reviewed for the proposed planned unit development was to establish the required development tiers from Lake Orono. The development tiers are measured in 200 foot increments and radiate out away from the lake. The subject property actually has four tiers; however, all development is occurring on the first three tiers. (See attached map). f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 3 The shoreland ordinance provides for a certain amount of density or development in each tier. Some of the "base density" may be transferred from one tier to the next. In no case shall density be transferred to a tier closer to the lake. Besides the "base density" an increased density can be achieved by meeting various performance standards. These performance standards include open space, storm water management, vegetative protection and amount of impervious area. Attached to this report is a density evaluation form prepared by Guardian Angels' architects to determine allowable development. The Commission can also refer to Section 904.14 of the Zoning Ordinance to review criteria for calculating base density within each tier. Impervious Area The Shoreland Ordinance requires a maximum impervious area (i.e., buildings, parking and driveways) of 25% in tiers 2 and 3. The proposed plans exceed this performance standard. If the plans cannot be modified to meet this requirement a variance will be necessary. In discussing this issue with the DNR, both staffs beheve the intent of the Shoreland Ordinance is being met even though the impervious area exceeds 25%. The intent is to treat storm water run-off from this development so it has no impact on the natural resource. The ponds are designed for a 100 year events and capture 90% of the water from the site excepting the area between the townhomes and lake. A condition will be attached requiring a variance be received prior to final approval of the development plans. Planned Unit Development The application submitted by Guardian Angels is for a mixed use planned unit development. The three components of the project consist of townhomes (residential), assisted living (commercial), and future commercial building (commercial). A great deal of discussion took place between Guardian Angels, the City and the DNR to determine which components of the planned unit development would be considered commercial and which would be considered residential. Clearly, the proposed commercial building would be interpreted as the commercial component and the townhomes were clearly a residential component. The gray area centered around the assisted hving located in the central part of the project. After much discussion, the DNR submitted a letter dated October 22, 1997, and it was determined the assisted living would be reviewed as a commercial component of the planned fi\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning CommissionfP 97-12 December 23, 1997 Page 4 unit development. For all practical purposes the PUD has become a hybrid which was a challenge to administratively apply interpretation from the ordinance. As with all planned unit developments, there is an overall master plan which is reviewed by the Planning Commission and City Council. This master plan is a representation of how the entire parcel will be developed and acts as a guide for future phases of the development. As each phase of the planned unit development is scheduled to occur, specific plans will be submitted to the Planning Commission and City Council for review and approval. Guardian Angels is asking to have their master plan approved as well as Phase 1 which consists of the townhouse units and 60 units of the assisted living. The remaining 20 units of the assisted living and the commercial building will be reviewed at a later date when those phases are proposed to be developed. Land Use Plan Amendment/Rezoning The land use plan amendment and rezoning applications are being requested to rezone the property from R2b (Two Family Residential) to PUD (Planned Unit Development). The planned unit development designation was chosen to allow for a more comprehensive review of developing the entire 11.7 acre parcel. In addition, the property is proposed to be utilized with a variety of uses which do not fit into any one zoning designation other than the planned unit development. Under the present zoning, the only component of the proposed project that could be developed would be the townhomes. The proposed rezoning to planned unit development, based on the proposed development plan with a mixture of residential, multi-family and a medium commercial component, appears to provide compatibility with surrounding land uses and the natural environment of Lake Orono. The tiering of development away from Lake Orono with Iow density residential, high density residential and commercial is consistent with the land use strategy of having the commercial concentrated at the lighted intersections and compatible land uses surrounding those commercial nodes. It is also consistent with the Shoreland Regulations. Plat The plat includes an area of approximately 11.7 acres and is consistent with the proposed planned unit development. The plat basically includes one commercial lot with an area of 2.97 acres, one lot for the assisted hying (3.17 acres), and 21 lots for the townhouse component. Each of the townhouse buildings will be platted into two separate lots with a zero lot hne allowing f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 5 each unit to be sold individually. There will also be a lot which accompanies all of the common space surrounding the townhomes. Outlot The plat also indicates an outlot along the west portion of the plat. This outlot is the location of the existing storm drainage pond and the area needed to expand the pond. Outlots are typically remnants of a plat that are large enough for future development consideration or too small for further development. The outlot shown in the proposed plat is exclusively used for ponding. Since the pond is integral to the development and to avoid the outlot going tax forfeit, the outlot should be eliminated a combined with one of the lots in the project. MN~OT Review The plat has been reviewed be MN/DOT and their issue is directed towards access onto the state highway. The project is not proposing any new access drives onto Highway 10 which conforms with MN/DOT's goals of preserving a limited access highway. The existing driveway in the southeast corner of the property provides access to the motel. This driveway may be discussed further if the motel ever expands or alternative access can be achieved. Roads/Easements All of the roads within the development are proposed to be private. The utilities (sewer, water, electric, etc.) will be public, similar to Country Crossing Townhomes and Cottages of Elk River. Easements are shown throughout the plat corresponding to utility extensions to serve all components of the project. The easements and utilities typically follow the private streets. In order to build the street and utilities in the same easement a total of 60 feet is necessary. Because the street is proposed to be a similar width as a public design, the same amount of boulevard area is required for all the utilities. Townhornes and Assisted Living The 20 townhome units will have a floor area of approximately 1326 square feet and garage area of 473 square feet. Garages will be accessed off small driveways that are shared by two units. Staff has not seen building elevations of the townhomes; therefore, cannot comment on the type of building material or appearance the units will have towards the lake. It is anticipated the townhomes will be single story buildings. The assisted living f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 6 building includes a total of 80 living units, kitchen, dining area, general office space for administration, therapy, home health, crafts and recreation and parlor. Each of the assisted living units have an area of approximately 480 square feet. This building is proposed to be a two-story structure. Site Plan Review · Parking/Circulation 1. The design of the entrances off Joplin frontage road will need to be reviewed to determine the appropriate width and striping of lanes. o It is unclear why the parking lot serving the commercial building has a "curvilinear design". Consideration should be given to provide a more conventional design. Several of the driveways entering the townhomes have difficult turning movements to enter the garages. This should be reviewed to try and improve this turning movement. The distance between the garages on units 16 and 17 and 14 and 15 is about 45 feet. It may be difficult for a resident to enter or back out of these driveways if a vehicle is parked in the opposing driveway. A desirable distance between garages should be 60-65 feet. The Fire Chief has requested an emergency access be provided from the driveway to the motel. The access drive will be used for only emergencies. Furthermore, the access drive can double as a pedestrian trail as requested by the Park & Recreation Commission. o Depending upon the type of commercial business, parking will need to be provided in accordance with the City ordinance. Currently there is not enough parking shown to serve the commercial building. The Fire Chief has indicated a possible need for no parking signs throughout the project. This will need to be monitored and signs will have to be installed if a problem arises. 8. All parking and driveways shall be bounded with concrete curb and gutter (B612). The radius of the private street should be increased to allow larger delivery trucks and emergency vehicles easier access throughout the site. f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 7 · Pedestrian Circulation The master plan shows sidewalk throughout the project. It would be recommended the sidewalks be set back from the curb five to seven feet, allowing enough room for boulevard trees to be planted. As mentioned above, the Park and Recreation Commission would hke to have a trail extended east from this property to the Elk River Bowl. Guardian Angels can begin this extension by constructing a short segment in the southeast corner of their site. This trail may be extended to the Bowling Alley with the watermain extension. (refer to Terry Maurer's memo for more information). · Landscaping A detailed landscaping plan has not been submitted for review. The master plan illustrates a general planting scheme of boulevard trees along the private streets. A complete plan will need to be submitted for Phase I of the project. In accordance with the Shoreland Ordinance, additional landscaping will be required as a design criteria for allowing increased density. The Shoreland Ordinance speaks to specific vegetative treatment that should be incorporated. 3. Additional landscaping shall be provided along the west property line which is adjacent to a single family zoning district. 4. Underground irrigation shall be provided throughout all landscaped areas. The existing vegetation along Lake Orono shall not be disturbed. The Shoreland Ordinance requires the natural vegetation within the shore impact zone be maintained to prevent erosion, buffer to the lake, etc. The conifer trees along Highway 10 provide a desirable buffer to the planned unit development. These trees should be saved. A permit from MN/DOT is needed is removal is going to occur. Additional landscaping around the ponds will need to be considered to assist the water management plans and meet criteria for increased densities. f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 8 · Refuse Collection/Mail Delivery 1. It is not clear where refuse collection will occur for the commercial and assisted living. This will need to be shown on revised plans. 2. Location of mailboxes should be considered. A cluster mailbox design will be recommended. · Lighting A complete lighting plan shall be provided illustrating lighting contours, foot candle measurements and types and sizes of lights. Recommendation The plans currently lack a lot of the detail that the Planning Commission typically has a chance to review. However, if the Planning Commission is comfortable forwarding this project on to the City Council, staff recommends the following conditions: ho Recommend approval of the Land Use Plan Amendment from MR (Medium Density Residential) and HR (High Density Residential) and HB (Highway Business) 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. o 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. Rezoning from R2 (Two Family Residential) to PUD (Planned Unit Development) based on the following findings: Recent frontage road improvements have changed the character of the property to warrant a rezoning. A planned unit development allows a comprehensive review of developing the property. f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning CommissionfP 97-12 December 23, 1997 Page 9 3. Rezoning will be consistent with the comprehensive plan. o The existing frontage road has been designed to accommodate an increased density of development on this site. Ce Recommend approval of Preliminary Plat with the following conditions: A Developer's Agreement and Planned Unit Development Agreement be signed and recorded along with the plat. o All comments from Terry Maurer's dated December 18, 1997 be incorporated into the plat for approval. o 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. o A complete grading/drainage plan along with calculations be provided for staff review. Ail 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. ° 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. f:\shrdoc\planning\pc\p97-12x3.doc Memo to the Planning Commission/P 97-12 December 23, 1997 Page 10 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. Do Recommend approval of Conditional Use Permit for master plan approval of Orono Lake Development and Phase I including 60 units of assisted living and 20 townhome units, with the following conditions: Comments outlined in Terry Maurer'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. o Elevations of the assisted hving 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 two-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. o All areas disturbed by grading shall be reestablished with topsoil and vegetation. Either the plans be modified to meet the maximum 25% impervious area in Tiers 2 and 3 or a variance be granted. ° 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. o The number of docks allowed on Lake Orono be limited to one for the assisted living and one for every two townhome units. ~\shrdoc\planning\pc\p97-12x3.doc Howard R. Green CompanY CONSULTING ENGINEERS December 18, 1997 File: 230369-11 F~rmerly MSA Coneulfing Engineers Mr. Steve Ach City Planner · City of Elk River 13065 Orono Parkway . P. O. Box 490 Elk River, MN 55330-0490 RE: OF:ONO LAKE DEVELOPMENT GUARDIAN ANGELS OF ELK RIVER Dear Mr. Ach: As requested, we have reviewed the submittal made by the Guardian Angels of Elk River concerning their Orono Lake Development. As you are aware, this project is located north of TH 10 adjacent to Lake Orono at the Joplin Street intersection. Based on our review, comments received at the staff review meeting, and a meeting held with representatives of Guardian Angels and their architect, we would offer the following comments: Be General 1. The submittal package consisted of a campus/landscape plan, grading and drainage plan, a utility plan, and a preliminary plat. The campus/landscape plan was prepared by Trossen Wright Architects. The grading and drainage, and utility plan were prepared by Paramount Engineering and Design. The preliminary plat was prepared by John Oliver and Associates. There were also drainage calculations submitted that were prepared by Paramount Engineering and Design. 2. The proposed project consists of 20 townhome units adjacent to Lake Orono, 80 assisted Jiving units in the center part of the parcel, and a commercial building adjacent to TH 10 and Joplin Street shown to be 43,000 sq. ft. in size. Caropus Plan/Landscape Plan 1. It is our understanding that this project, as with other similar projects in the City, will have publicly owned and maintained sanitary sewer and water service but privately owned streets and storm drainage system. 1326 Energy Park Drive · SI. Paul. MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 December 18, 1997 Mr, Steve Ach Page Twc It appears the most southerly street, that will serve the commercial lot and the front of the assisted living, will be 32 feet wide. It appears the remainder of the street system, which services primarily the townhome units, will be slightly narrower scaling 30-feet. At the staff review meeting, the fire chief raised a question regarding emergency vehicle access should there be any need for on- street paring. We would recommend that parking be monitored on the southerly 32-foot wide street and if it becomes a problem the street be signed for parking only on the north side. It would seem that some on street parking for guests at the townhome units would not be a major disruption. The width of the access road from this site to Joplin Street appears to be 32-feet wide. This would provide for two lanes of traffic, one inbound and one outbound. Consideration should be given to whether or not a wider entrance will be required. Perhaps two lanes of out bound traffic would better serve the site so that in peak times, when vehicles will have to wait to make a left turn out of the site, vehicles wanting to turn right could move more freely. Also, if the access road is widened to provide three lanes of traffic, consideration should be given to providing a raised concrete median that will help to define the inbound and outbound traffic lanes. The site only has one means of access for emergency vehicles, a secondary access should be provided. At the staff review meeting, we discussed the ability to provide an emergency vehicle access at the southeast comer of the site where the entrance to the Elk Motel exists. This could be in the form of a bituminous trail from the road system to the Elk Motel entrance. This bituminous trail would have to be built heavy enough to support emergency vehicles and perhaps some type of barrier to prevent normal vehicle traffic from using this emergency access. Some of the intersections internal to this site appear to have radii that will make turning movements difficult. We would suggest that turning radii be applied to the intersections and modifications be made where necessary to provide for ease of vehicle traffic. The townhome units have garages that are entered from the side of the unit, not directly from the street. This works in most cases but there are some exceptions. The most westerly townhome unit does not appear to have sufficient room for backing out of or entering the garage. Also, the townhome units that are on the curbed part of the street have very tight driveways. It appears that if a vehicle were parked in front of one of the garages it would preclude movements into the opposite garage or the additional stall in the unit that the vehicle is parked by. These need to be looked at carefully, essentially applying parking lot standards. there should be 64-feet from garage door to garage door. This would allow 20- feet from the garage door for parking of vehicles outside and 24-feet for maneuvering between two parked vehicles. Howard R, Green Company CONSULTING ENGINEERS December 18, 1997 Mr. Steve Ach Page Throe De Grading 1. ualtty 1. and Drainage Plan The drainage calculations that were supplied adequately address both the quality and quantity issues and are therefore acceptable. It appears that the emergency overflow from the catch basins, located along the northern street alignment, would be through the townhouse parking area, over the curb, and to Lake Orono. This emergency overflow is adequate, however, the City ordinance requires the adjacent housing unit to have their lowest floor set at an elevation that would be 1-foot above the emergency overflow. The emergency overflow elevation should be clearly marked on the plan and the adjacent housing unit should be set 1 foot above. We assume that the City will be responsible for maintenance of the storm water pond relative to the operation of the storm sewer system. However, Guardian Angels should maintain ownership of the land that the pond sits on, and be responsible for routine maintenance such as; grass cutting and litter pick-up. Thereforel it may be better if this area is not platted as an outlot so there is no risk that in the future it will go tax forfeit and have to be picked up by the City due to the storm water ponds. Plan Sanitary Sewer service is provided to the site by extending an 8-inch gravity sanitary sewer from the manhole located in Joplin Street at the access point to the site. Gravity sanitary sewer then is extended northerly and easterly to provide access to all of the units. It appears that the sanitary sewer may need to be extended slightly to provide access to each of the townhouse units. Watermain is shown as a 6-inch line looped through the site. At the staff review meeting, it was discussed that an 8-inch loop would be required on the most southerly road system and to the southeast corner of the property. Revisions should be included in the internal water system for future looping of the water system, at the northwesterly corner of the property where it abuts the Hartman parcel and at the southeastern comer of the property where it abuts the Elk Motel entrance. An additional hydrant should be installed along the northerly route at approximately the mid-point between the two hydrants that are shown. There will also need to be a hydrant provided on the southern part of the commercial building. In fact, there is a watermain stub off of the Joplin Street watermain at approximately this location that could be used to extend into the site for the placement of this hydrant. At the staff., review meeting the issue of fire flow at this: development was discussed relative to whether or not the watermain needs to be looped. After the staff review meeting, Bryan Adams from the Elk River Municipal Utilities did a flow test on one of the hydrants and determined that currently the flow is approximately 2,500 gallons per minute. We also plugged in this development to Howard R. Green Company GONSULTING ENGINEERS DEC-19-i997 09:33 p.~x~ December18,1997 Mr. Steve Ach Page Four Ee the overall watermain computer model. Based on .full development and maximum day use along with a fire without looping the water system there would only be approximately 1,250 gallons per minute provided. Looping the watermain to the east thorough the Elk Motel property, to the bowling alley, would provide for over 2,500 gallons per minute. Therefore, we would recommend that as part of this project a concurrent public improvement be undertaken to Iccp the watermain from the Guardian Angels site to the entrance of the Elk Bowl. As you are aware, we had a meeting with the owners of the Elk Motel and they indicated their willingness to participate with this type of improvement. We would recommend thal[ when this development receives preliminary City Council approval, the issue of initiating a public improvement to Iccp the watermain and possibly install sanitary sewer to the Elk Motel, be discussed with the City Council 3. Each of the townhouse units must have a separate sanitary sewer and water service provided. Prelimina~ Plat 1. As mentioned previously, we believe that the pond should not be located in an outlot. Perhaps Outlot A could just be made part of the townhome general area so that it is cleady in the ownership of Guardian Angels, at least for routine maintenance (grass cutting and litter pick-up). Easements do not need to be provided for storm sewer lines, such as in the commercial lot parking area. The easement for the public utilities is shown' as 25-feet wide. This area needs to be wide enough for sanita~ sewer, watermain, and all of the other utilities such as gas, telephone, electric, and cable TV. It should be noted that at the staff review meeting, Elk River Municipal Utilities indicated that the electric transformers need to be placed at least lO-feet away from any building or extraordinary construction methods need to be used for fire resistance. If you have any questions regarding any of these comments, please call. Sincerely, Howard R. Green Company Terry J. M'a~rier, P.E. " TJM/et O:~proj~30369~369-1816.dec Howard R, Green Company CONSULTING ENGINEERS TOTAL P.05 Minnesota Department of Transportation District 3 3725 12th St. N. RO. Box 370 St. Cloud, MN 56302 Tel: 612/255-4181 Fax: 612/255-3257 Toll Free: 1/800/657-3961 July 14, 1997 Steve Ach City of Elk River 13065 Orono Parkway Elk River, MN 55330 Guardian Angels Development Near Joplin Street and Amoco food Shop Near 197th Avenue NW Dear Steve: During our tour of Elk giver on July 2nd you had requested Mn/DOT input on transportation issues related to the abo};3e referenced proposed developments. Following is our input on the plans developed to date ~or the developments. '. _,~Guax<fiamAn~ets,Dc. veMiJmcnt - The plan as currently drawn shows an access to Hudson Street, as well as an access to JOplin Street. In the corridor plan developed for TH l 0, emphasis was placed on developing an. expressway design, where access to and from TH 10 would only occur at signalized intersections. 'Th/s plan was developed to ensure that traffic entering and exiting TH 10 would do so at location's'which provided the greatest amount of safety. Considerable resources have been used to devel0i3 Joplin Street into one of those signalized intersections. ,: In addition to proposing a system of signalized intersections, the corridor plan also recommended closing access locations which would not be signalized. Closing ofunsignalized access locations will be necessary to efficiently and safely move traffic on TH 10 as the traffic volumes grow. Although the plan recognize' ed that not all unsignalized accesses could be closed immediately, due to existing uses of the accesses, the study did recommend that future land use decisions minimize the use of the unsignalized access points. The access at Hudson Street was specifically addressed in the corridor study on page 11 as follows: "East of Joplin S',.t/eet, access openings will remain at Hudson Street and Gary Street. Closure ofthese'i'ccess points may be difficult in the near future because it would be difficult to provide alternate access to the north side of TH 10. Future land use decisions, however, should [~e made with the intent of minimizing the use of these accesses and eventually closin~'.'them when possible." An equal opportunity.employer The plan by Guardian Angels for access to TH 10 at Hudson Street should not be allowed for several reasons. The first is the inability to develop a reasonable spacing between the access into the retail area and the through lanes on TH 10. Such spacing would be necessary for stacking of tra~c and to provide sufficient time to make decisions. The second is that additional traffic at Hudson Street would not be compatible with the objectives of the long range corridor plans which were developed to not only safely and efficiently move traffic along the TH 10 corridor, but also to provide safe and efficient access points along TH 10. Given that the Joplin Street intersection is less than a quarter of a mile away, all traffic to and from the Guardian Angels development should use the signalized intersection at Joplin Street. If'the Hudson Street access to the Guardian Angels site is allowed, Mn/DOT may have to consider removing the median crossover at Hudson Street to improve the safety and efficiency of the corridor. During the District review of the Guardian Angel's plan, an alternate was suggested which would eliminate the access at Hudson Avenue to the properties located north of TH 10. The proposal was to have a public road platted from Orono Lake Circle to the access at Hudson Street, thus providing the motel access to TH 10 via the local road system and Joplin Street. If this connection was platted, the Hudson Street access to the north side of TH 10 could be eliminated. While this would have an impact to the current site plans, it would be a pro-active step to consolidating the unsignalized access on TH 10. Amoco Food Shop - The corridor plan developed for TH 169 indicated a full access at 197th Avenue NW. Traffic volumes on TH 169 near 197th Avenue are projected to be 47,000 in the year 2015 which is at capacity for the expressway design of TH 169. Given the level of development occurring near 197th, traffic flow could also be heavy on 197th Avenue. The plans for the Amoco Food Shop as drawn show a right-in slip from 197th Avenue NW into the Amoco Food Shop. This slip begins approximately 110 feet from the edge of TH 169. Given the congestion which is likely to occur in the future, there is a need to keep 197th Avenue as free- flowing as possible near its junction with TH 169. Since the right-in slip could cause conflicts between motorists wishing to slow down to use the slip and those wishing to accelerate as they come through the intersection, its inclusion in the plan should be discouraged. Elimination of the right-in slip would help ensure that traffic on 197th Avenue remains as free flowing as possible. If you have any questions regarding the above thoughts regarding the proposed developments, please call. Sincerely, /O /~ Terrence J. Humbert Planning Engineer CC: G.P. Dirlam - Brmnerd R.U. Busch - St. Cloud Guardian Angels of Elk River, Inc. Corporate Office · 280 Evans Avenue · Elk River, MN 55330 · (612) 241-4438 · Fax (612) 241-4443 February 3, 1998 Mr. Steve Ach Planning Department City of Elk River 13065 Orono Parkway Elk River, Minn. 55330 P.O. Box 490 Dear Mr. Ach: In response to your telephone call asking if I would furnish a letter pertaining to Guardian Angels' decision to appeal last weeks' action, I would offer the following information: Guardian Angels of Elk River, Inc. formally requests the Elk River City Council to review and consider the decision of the Planning Council on January 27th, 1998 specific to the 30% Impervious surface coverage for Tiers II and m. We would appreciate receiving notice and staff materials prior to the meeting scheduled for Monday, February 9, 1998. Thank you for your attention to this matter. Sincerely, Carol J. Mills Executive Director Specializing in Services for Seniors Patrick J. Plant Cindi Edwards-Plant 13184 Island View Drive Elk River, MN 55330 February 4, 1998 City of Elk River Attn: Steve Ach, City Planner 13065 Orono Parkway Elk River, MN 55330 Dear Mr. Ach, In the matter of the request to the Planning Commission for Conditional Use Permit and Preliminary Plat by Guardian Angels of Elk River, Inc., Public Hearing Case No. CU 97-20: We appeal the Conditional Use Permit for the PUD inclusion of construction of an assisted living structure in Tier 2 greater than two stories in height. In the matter of the request to the Board of Adjustments for Variances to the Shoreland Ordinance, Case No. V 97-21: We appeal the Variance exceeding the maximum allowable impervious surface coverage of 25% in Tiers 2 and 3. In addition, we feel that the need and rationale for a Variance to exceed the allowable density within the Shoreland Dislrict by an additional six assisted living units has not been clearly demonstrated. Sincerely, Patrick J. Cindi Edwards-Plant MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, JANUARY 27, 1997 Members Present: Members Absent: Staff Present: Aisc Present: Chair Mesich, Commissioners Anderson, Cote, Kuester, Morris and Thompson None Steve Ach, City Planner; Scott Harlicker, Assistant Planner; Terry Maurer, City Engineer; Debbie Huebner, Recording Secretary Larry Kramka, DNR Area Hydrologist 1 Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments was called to order at 6:30 p.m. by Chair Mesich. 2. COnsider 1/23/97 Board of Adjustments A.qenda COMMISSIONER THOMPSON MOVED TO APPROVE THE JANUARY 27, 1998, BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 12/23/97 Board of Adjustments Minutes COMMISSIONER ANDERSON MOVED TO APPROVE THE DECEMBER 23,1997, BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Guardian An.qelS of Elk RiVer, Inc. ReqUest for variance, PUblic Hearin.q case NO. V97'21 Staff report presented by Steve Ach, City Planner. Guardian Angels of Elk River is requesting the following variances: Variance to exceed the allowable density within the Shoreland District by allowing six additional units for a multi-story assisted living facility. (Tier 2) B. Variance to the maximum allowable impervious surface coverage of 25%. Steve indicated staff supports the density variance based on the findings in the staff report. He suggested no action be taken on the impervious coverage variance until a specific site plan is submitted for the commercial area. Or, the Commission may chose to approve a variance at this time for a specific amount, such as an additional 5% over the required 25%. Board of Ad]ustments Minutes January 27, 1998 Page 2 Chair Mesich opened the public hearing. Cindi Edwards-Plant, 13184 Island View Drive, requested the Planning Commission deny the variance request to exceed the amount of impervious area, citing that the increased runoff would mean more pollutants will enter Lake Orono. She was also concerned there will be more erosion and sedimentation where the storm sewers from the project enter the lake. Larry Kramka, Area Hydrologist, explained the Guardian Angels PUD is unique and the Shoreland Ordinance does not specifically address this type of PUD. He stated the Planning Commission needs to take a hard look at all of the city's ordinances and make a decision which balances the needs of the community and the need to protect the shoreland and lake. Mr. Kramka supported staff's recommendation to put off action on the impervious area variance for the commercial area, but cautioned that it may be even more difficult to address later. Mr. Kramka explained the purpose of the Shoreland Ordinance is to balance, enhance and protect the shoreland as well as water quality, vegetation and recreational uses. He felt the city needs to look at the significance of this project as it relates to the entire Watershed District of which Elk River is a part. Michael Trossen, Trossen Wright Architects, indicated 14 months have gone by since Guardian Angels approached the City with their project and urged the Commissioners to take action on the entire project, not just a portion of it. He felt the requested variances meet the city's criteria for approval. Discussion followed regarding how the need for the density and impervious area variances was determined. Carol Mills, Guardian Angels, asked Terry Maurer, City Engineer, to explain how the storm water drainage plan proposed for the project meets the city's requirements. Ms. Mills explained the changes that were made from their original plans to meet the city's requirements. She complimented staff on their efforts to resolve issues associated with this complex project. The Commissioners discussed whether or not to hold off on addressing the impervious area variance for tiers 2 and 3 until a specific site plan is submitted. Ms. Mills indicated the commercial component is crucial and that Guardian Angels' Board of Directors could not risk moving ahead with the project without resolving the commercial issue. She urged the Commissioners to take action at this meeting. Chair Mesich asked Mr. Kramka if he felt allowing the variance for the increased impervious area would cause problems. Mr. Kramka stated he could not answer that question, but noted the city engineer has stated the drainage calculations meet the city's standards. There being no further public comment on this issue, Chair Mesich closed the public hearing. COMMISSIONER ANDERSON MOVED TO DELAY ACTION ON THE VARIANCE REQUESTS BY GUARDIAN ANGELS OF ELK RIVER, INC. UNTIL THE PLANNING Board of Adjustments Minutes January 27, 1998 Page 3 COMMISSION REVIEWS THE APPLICATIONS FOR LAND USE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT AND CONDITIONAL USE PERMIT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER ANDERSON MOVED TO RECESS AT THIS TIME (7:15 P.M.). COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. The Board of Adjustments reconvened at 10:15 p.m. COMMISSIONER ANDERSON MOVED TO DENY THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE TO EXCEED THE ALLOWABLE DENSITY WITHIN THE SHORELAND DISTRICT, PUBLIC HEARING CASE NO. V 97-21. The motion died for tack: of a second. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE TO EXCEED THE ALLOWABLE DENSITY WITHIN THE SHORELAND DISTRICT BY ALLOWING SIX ADDITIONAL ASSISTED LIVING UNITS, PUBLIC HEARING CASE NO. V 97-21, BASED ON THE FOLLOWING FINDINGS: LITERAL ENFORCEMENT OF THE SHORELAND ORDINANCE WOULD CAUSE AN UNDUE HARDSHIP, GIVEN THE BUILDING FOOTPRINT WILL BE LARGE ENOUGH TO ACCOMMODATE A TOTAL OF 80 UNITS. THEREFORE, WHETHER THE STRUCTURE HAS 74 OR 80 UNITS WILL NOT HAVE ANY ADDITIONAL EFFECT ON THE LAKE. THE PROJECT IS A MIXED PLANNED UNIT DEVELOPMENT WHICH HAS UNIQUE AND FLEXIBLE STANDARDS. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS, THE VARIANCE REQUEST FOR SIX (6) ASSISTED LIVING UNITS HAS BEEN MINIMIZED. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF ADJACENT RESIDENTS OR THE NEIGHBORHOOD IN WHICH THE DEVELOPMENT IS TO OCCUR. ASSISTED LIVING IS A UNIQUE TYPE OF FACILTIY MUCH DIFFERENT THAN ANY OTHER RESIDENTIAL DEVELOPMENT ADJACENT TO THE DNR WATERS. THE IMPACT FROM THE ASSISTED LIVING UNITS ONTO LAKE ORONO WILL BE VIRTUALLY UNOTICEABLE COMPARED TO OTHER TYPES OF RESIDENTIAL DEVELOPMENT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner Anderson opposed. COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GUARDIAN ANGELS OF ELK RIVER, INC. FOR A VARIANCE NOT TO EXCEED THIRTY Board of Adjustments Minutes January 27, 1998 Page 4 PERCENT (30%) IMPERVIOUS SURFACE COVERAGE IN TIERS 2 AND 3, CASE NO. V 97- 21, BASED ON THE FOLLOWING FINDINGS: LITERAL ENFORCEMEN TOF THE SHORELAND ORDINANCE WOULD CAUSE UNDUE HARDSHIP ON DEVELOPMENT OF THE PROPERTY. THE PROPERTY HAS SOME UNIQUE CHARACTERISTICS IN THAT IT IS BOARDERED BY A STATE HIGHWAY (10) AND IS ENTIRELY WITHIN THE SHORELAND DISTRICT. THE VARYING SHORELAND ALSO CONTRIBUTES TO THE SPECIAL CONDITIONS WHICH APPLY TO THE PROPERTY. OTHER EXISTING COMMERCIAL ESTABLISHMENTS WHICH ARE SANDWICHED BETWEEN STATE HIGHWAY 10 AND LAKE ORONO HAVE RIGHTS THAT WOULD NOT BE ENJOYED BY GUARDIAN ANGELS IF A VARIANCE WAS NOT GRANTED. THE AMOUNT OF THE VARIANCE IS MINIMIZED BY CONSTRUCTING A MULTI- STORY BUILDING TO REDUCE THE AMOUNT OF IMPERVIOUS AREA. FURTHERMORE, THE IMPERVIOUS AREA WHICH EXCEEDS THIS ORDINANCE IS OCCURRING AS FAR AWAY FROM THE LAKE AS POSSIBLE. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF RESIDENTS. THE USE OF STORM WATER MANAGEMENT PONDS WILL TREAT THE RUNOFF PRIOR TO DISCHARGE INTO LAKE ORONO. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Anderson and Kuester opposed. 6. Adjournment There being no further business, COMMISSIONER ANDERSON MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. he meeting of the Elk River Board of Adjustments adjourned at 10:30 p.m. Respectfully submitted, Debbie Huebner Recording Secretary