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4.0. BASR 12-23-1997 Item# 4. ley of / MEMORANDUM ERiver TO: Board of Adjustments FROM: Steve Ach, City Planne DATE: December 23, 1997 SUBJECT: Request by Guardian Angels of Elk River, Inc. for a Variance, Public Hearing Case No. V 97-21 Issue Guardian Angels of Elk River, Inc. is requesting a variance to the Shoreland Ordinance, allowing an increased density of 6 additional units of assisted living than is currently permitted by the Shoreland Ordinance. • 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 the Minnesota Department of Natural Resources dated October 22, 1997 Overview Guardian Angels is proposing a mixed planned unit development of their 11 acre parcel adjacent to Lake Orono. The proximity of this development to Lake Orono subjects the development to the Shoreland Ordinances drafted by the Minnesota Department of Natural Resources. The Shoreland Ordinance has specific density criteria for development within each of the tiers (see • attached map) adjacent to the lake. Following the lengthy calculation set 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/V 97-21 December 21, 1997 Page 2 • forth in the Shoreland Ordinance to determine the allowable densities in each of the tiers, it was found Guardian Angels would need a variance for six units to complete their projected 80 unit assisted living complex. According to the Shoreland Ordinance a total of 74 assisted living units could be developed in Tier 2. This is 6 short of the proposed 80 units Guardian Angels would like to achieve to meet their long-term needs. Attached is a letter from Guardian Angels with a brief description of their variance request and a response to each of the findings necessary for granting a variance. Recommendation Staff has worked with Guardian Angels over the past six months to revise their plans to fit within the requirements of the Shoreland Ordinance. Every adjustment has been made to minimize the variance request; therefore, staff is recommending approval of the variance based on the following findings: 1. 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. 2. THE VARYING SHORELAND ALONG LAKE ORONO HAS CONTRIBUTED TO THE UNIQUE CONFIGURATION OF THE PROPERTY AND TIERING SETBACK DETERMINED THROUGH • THE SHORELAND ORDINANCE. 3. LITERAL APPLICATION OF THE SHORELAND ORDINANCE WOULD DEPRIVE THIS ASSISTED LIVING PROJECT SIMILAR RIGHTS ENJOYED BY OTHER ASSISTED LIVING PROJECTS NEXT TO DNR WATERS. 4. THROUGH NUMEROUS MODIFICATIONS TO THE DEVELOPMENT PLANS,THE VARIANCE REQUEST FOR SIX(6) ASSISTED LIVING UNITS HAS BEEN MINIMIZED. 5. 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. 6. 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 MINUSCULE COMPARED TO OTHER TYPES OF RESIDENTIAL DEVELOPMENT. • f:\shrdoc\planning\pc\v97-21.doc 1,may ---I 1/ Ric \ e 1 II HI, J . '. mren — �,ns �; ; i L_-- —F — — ary . • — \ �� PARK • 6 Y�- Oita ��i � � Emu „ *silt &An EN 1111 I emr. . 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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 Minnesota 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 Minnesota Council on Aging, Guardian Angels, as a service provider for this area, must be prepared to respond to the needs of the"baby boomers"who will turn 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 Minnesota that has 100 units of Assisted Living built on 2 acres right 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. 110 • • Guardian ngels' Mission 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 organization seeks to develop and cultivate a continuum of services in a variety of settings 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 care 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 services for Seniors rather than an acute care facility. A 60-bed skilled nursing Care Center 41 was built in 1965 along with a 24-unit Senior apartment building on the Mississippi River. Today Guardian Angels serves over 1,000 people 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 Becker, Nfinnesota. 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 where 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. ipAdditionally, service funding is a significant issue, particularly for low- and moderate-income residents. �nn�� ©1T ��STATE UV nnT A T EE O F I U�.J EJz � S DEPARTMENT OF NATURAL RESOURCES 414 ELMAN LN.,#203, ST. CLOUD,MN 56301 PHONE NO.(320)255-2976 FILE NO. October 22, 1997 Carol Mills OCT 2 y 1997 Executive Director Guardian Angels of Elk River G UARDIAN r;+F' �L p;i�r,. 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 to confirm the meeting date,time and place after speaking with the city staff. I also wanted to thank you for 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 looking at the service 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 townhomes 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 townhomes 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 40 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 ft2 units be transferred and then converted to twelve 400 ft2 units of AN EQUAL OPPORTUNITY EMPLOYER III 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 ft2,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. Si cerely, 0 ff .„ 6/L-- Larry Kramka Area Hydrologist c. 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