HomeMy WebLinkAbout2008-09-10 Joint Board Packet(S.jkater
THE BIRTHPLACE OF MINNESOTA
Meeting Notice
Stillwater City and Town Joint Board
City Council Chambers
216 North Fourth Street
Stillwater MN 55082
7 p.m.
Wednesday, September 10, 2008
AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC HEARINGS
3.01 Case No. 08-28. A request for approval of a senior care living facility to
be located at 12525 75th St. No. The specific request is for approval of:
1) a City Code text amendment to allow senior care living facilities by
Special Use Permit (SUP) in the Shoreland Overlay District; 2) a SUP for a
101 unit senior care living facility in the Shoreland Overlay District and the
RB, Two Family Residential District; 3) a rezoning of the property from AP,
Agricultural Preservation to RB, Two Family Residential; 4) a parking
variance; 5) a preliminary plat; and any related variances. Greg Johnson,
applicant.
4. OTHER BUSINESS
CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us
DATE:
APPLICANT:
LANDOWNER:
REQUEST
Se (1water
W�1_
!I I 0! H k P i A L! 0� Al I N N I :i 0 1 P.
September 5, 2008
CASE NO.: 08-28
Greg Johnson, Director, Select Companies
Lenard Huebscher
1) Code amendment to allow senior care living facilities by SUP
in the Lakeshore Management Overlay District
2) SUP for a 101 unit senior care living facility in the Lakeshore
Management Overlay District and in the RB, Two -Family
Residential zoning district
3) Rezoning of the property from A -P, Agricultural Preservation
to RB, Two -Family Residential
4) Preliminary plat approval of a two -lot subdivision
LOCATION: 12525 - 75tl-t Street (Co. Rd. 12)
COMPREHENSIVE PLAN: SFSL, Single Family Small Lot Residential
ZONING: A -P, Agricultural Preservation
REVIEWERS: Public Works Director, City Planner,
Washington Co. Highway Department,
Minnesota Department of Natural Resources
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Greg Johnson of Select Companies is planning to develop a 101 unit senior living facility on
County Road 12 just east of the Rutherford Elementary School. The senior care facility is called
Select Senior Living.
Residents in the senior care center will be able to choose the level of care and number of services
they would like, depending upon their needs. The facility will offer independent living, assisted
living, a memory loss wing, and some hospice. Staff will include an on-site nurse that will be
available 24 hours a day.
Select Sr. Living
September 5, 2008
Page 2
Currently Pastor Lenard Huebscher lives on the parcel that would become the site for the senior
care facility. To develop the project, Mr. Johnson and the pastor would plat the pastor's property
and the church building property as two lots.. Lot 1, Block 1, Select Senior Living of Stillwater
would be the approximately 5 acre site for the senior care building. Lot 1, Block 2, Select
Senior Living of Stillwater would be the site for the existing church and its parking lot. The
pastor's home would be moved to Lot 1, Block 2 and serve as the parsonage.
Infrastructure improvements that would be constructed by Mr. Johnson would include: 1) a
platted public street that would align with Minar Avenue and temporarily terminate at the
southern property line; 2) extension of sanitary sewer and municipal water; 3) stormwater
improvements; 4) a public trail along the new public street; and 5) a private trail connecting to
the public trail system at two points to create a walking loop for Select Senior Living residents.
SPECIFIC REQUEST
In order to develop the senior care project as proposed, a number of approvals have been
requested by the developer, including review and comment by the Joint Board on:
1) An amendment to the City Code to allow senior care living facilities by Special Use
Permit (SUP) in the Lakeshore Management Overlay District;
2) Rezoning of the property from A -P, Agricultural Preservation to RB, Two -Family
Residential;
3) An SUP for a 101 unit senior care living facility in the Lakeshore Management
Overlay District and the RB, Two -Family Residential zoning district; and
4) Preliminary plat approval of a two -lot subdivision to be known as Select Senior
Living of Stillwater.
EVALUATION OF REQUEST
CITY CODE AMENDMENT
A portion of the senior care facility site lies within the Shoreland Management Overlay District
for Long Lake. The City Code limits the land uses within the shoreland district to: single-family
homes, parks and historic sites, and cropland.' Therefore, Mr. Johnson has requested an
amendment to allow senior care living facilities by Special Use Permit within the shoreland
overlay district.
Residential uses within the City's shoreland districts are reasonable. Single family uses are
already permitted. And, senior care facilities can be developed with sensitivity to lake
resources. However, since the potential impact to the resources can be greater for the larger
buildings and impervious surfaces associated with senior care facilities, a Special Use Permit
should be required. This would give the City, neighbors, the Department of Natural Resources
and the developer an opportunity to address potential impacts and mitigation more thoroughly.
1 City Code Section 31-402, Subd. 4(b)(1).
Select Sr. Living
September 5, 2008
Page 3
City staff has discussed the idea of senior care by SUP with the Area Hydrologist for the DNR
Though that was a year ago, she believed it was within the realm of possibility.
II. REZONING
The property is currently zoned A -P, Agricultural Preservation. At city staff's suggestion, Mr.
Johnson requested a rezoning to RB, Two -Family Residential. At the Planning Commission
meeting of August 11, 2008 there was discussion regarding several other potential residential
zoning districts that should be considered along with the RB district. The LR, Lakeshore
Residential Zoning District, the RA, Single Family Residential Zoning District, the TR,
Traditional Residential Zoning District, and the CR, Cottage Residential Zoning District were all
considered along with the RB district. No decision was reached by the commission on which of
the three may be the most appropriate. Instead, staff was asked to bring back a comparison of
advantages and disadvantages for each of the potential districts.
The table below compares the five districts.
There are generally two criteria against which rezoning requests are measured. One is whether
the rezoning is consistent with the Comprehensive Plan. The other is whether it is compatible
with the neighborhood.
Comp Plan Consistency
Summary: From the table above, it can be seen that only the RB and CR districts are consistent
with the Comprehensive Plan. Rezoning to any of the other districts would require an
amendment to the Comprehensive Plan.
Explanation: The current Comprehensive Plan's future land use map guides the property for
SFSL, Single Family Small Lot development. The two zoning districts that are consistent with
2 Whichever is less
3 Not Specified in Zoning Ordinance
TR
RA
RB
CR
LR
Min lot size
10,000 sf
10,000 sf
7,500 sf
6,000 sf
20,000 sf
Use
Single Fam.
Single Fam.
Single Fam/
Two- Fam
Single Fam/
Two- Fam
Single Fam.
Bldg height
2 '/2 or 35'2
2 %2 or 35i2
35'
2 or 28'2
2 '/z or 35i2
Impervious
NS
30%
25% bldg
25% im ery
NS'
NS3
Comp Plan
consistency
No
No
I
Yes
Yes
No
Spot zoning
No
?
Yes
?
No
Sr. living
allowed
No
Yes
Yes
No
No
There are generally two criteria against which rezoning requests are measured. One is whether
the rezoning is consistent with the Comprehensive Plan. The other is whether it is compatible
with the neighborhood.
Comp Plan Consistency
Summary: From the table above, it can be seen that only the RB and CR districts are consistent
with the Comprehensive Plan. Rezoning to any of the other districts would require an
amendment to the Comprehensive Plan.
Explanation: The current Comprehensive Plan's future land use map guides the property for
SFSL, Single Family Small Lot development. The two zoning districts that are consistent with
2 Whichever is less
3 Not Specified in Zoning Ordinance
Select Sr. Living
September 5, 2008
Page 4
the SFSL density and land use are RB and CR zoning districts. Incidentally, either zoning
district would also be consistent with the draft 2008 Comprehensive Plan's future land use map.
The LR, TR and RA Zoning Districts are larger lot districts that correlate with the SFLL, Single
Family Large Lot designation in the Comprehensive Plan. So the LR, TR and RA districts are
not consistent with the Comprehensive Plan and would require a Comprehensive Plan
amendment.
Nei hborhood Compatibility
The proposed senior living facility is allowed by special use permit in the RA and the RB zoning
districts. Which means that in general the use would be considered compatible within
neighborhoods that are zoned predominantly RA and RB. Essentially these are all Stillwater
neighborhoods developed prior to 1995.
City staff does not believe that the fact that senior living facilities are not listed as allowed uses
in any of the post 1995 neighborhoods is an indication that they would be considered
incompatible in those neighborhoods. Rather, that they simply have not been considered for
those neighborhoods yet. If the facility is designed properly, it could fit into any residential
neighborhood satisfactorily.
None the less, if the subject property is rezoned to anything other than RA or RB an ordinance
amendment would also be necessary to allow the senior living facility in that other district.
Miscellaneous Notes
1. The proposed building is a 3 story, 35 foot tall stricture. The only zoning district listed
in the table above that would allow that height is the RB district. If the property were
rezoned to anything other than RB, a height variance would be required.
2. Through a process of elimination the most appropriate district to rezone the property
seems to be RB. None the less, there are two disadvantages to rezoning to RB.
a. One is that once rezoned, if the senior living facility is every demolished, two-family
strictures could replace the facility. In some of the other rezoning choices only
single family structures could replace the facility.
b. The other disadvantage is that the resulting RB district would be an isolated "spot
zoning". Generally speaking, "spot zoning" should be avoided because it can create
incompatibilities. In this instance, the senior living facility would be compatible with
surrounding residential neighborhoods and the spot zoning would not create a
problem. Only if it is demolished and two-family structures are built in its place may
this cause a problem with its surrounding single family property owners.
3. Though not requested, this may also be an appropriate time to rezone the church property
as well.
III. PRELIMINARY PLAT
A. Minimum Dimensional Standards
Select Sr. Living
September 5, 2008
Page 5
T.ot stn nrinrd.,
Minimum lot standards for the proposed RB Zoning District are compared below
with the lot dimensions proposed by the developer. As can be seen, all minimum
lot standards are met.
Setbacks
The minimum building setbacks required in the RB Zoning District are compared
below with the proposed setbacks for the senior living facility.
Setbacks
Lot Standards
From C.R. 12
From South
Area
Width
Frontage
Depth
Required 7,500 s.f.
50'
35'
100'
Lot 1, B11 ca. 5.3 acres
652'
425'
289'
Lot 1, B12 ca. 5.0 acres
471'
942'
380'
Setbacks
The minimum building setbacks required in the RB Zoning District are compared
below with the proposed setbacks for the senior living facility.
Setbacks
From C.R. 12
From South
From West From Minar
Required
100'
25'
25' 20'
Proposed
100'
53' 9"
181'31' 48'8 "
Miscellaneous
Maximum lot coverage
Buildings 25% allowed 13.7% proposed
Impervious surface 25% allowed 10.5% proposed
Maximum building height 35' allowed 34'proposed
In summary: all dimensional standards are in compliance.
B. Civil Engineering
• The proposed street layout has been reviewed and found satisfactory by
both the City's Public Works Department and Washington County
transportation planner. The road will create a four -legged intersection
with County Road 12 and Minar Avenue. It will provide access for the
church, the senior living building and the underdeveloped property to the
south.
• There should be a temporary turnaround at the terminus of Minar Avenue.
• The Washington County Highway Department requires that the final plat
include a notation that access will be restricted along the County Road.
• Though the senior care facility will not generate enough traffic for the
County to require turn lane or bypass lane improvements, it together with
Select Sr. Living
September 5, 2008
Page 6
traffic generated by future residential development south of the facility
will require those lane improvements. Therefore, the developer should be
required to deposit an escrow for a fair portion of those future lane
improvements. That escrow should be deposited prior to release of the
final plat or building permit, whichever may come first.
• Municipal water will be extended from County Road 12 past the new
building to the terminus of Minar Avenue. Sewer will be extended from
the manhole in a neighboring lot in Liberty on the Lake through the
elementary school property to the new building. An easement from
District 834 will have to be secured by the developer for this. Sewer will
also be extended to service the new parsonage location. The portion of
this extension that has a diameter of 8" will require an easement to the
City.
• The project will include sufficient stormwater ponding capacity to manage
surface water from the senior care property and a portion of the residential
property to the south. A storm sewer pipe will need to be stubbed to the
property line by the developer.
• This development will be responsible for paying the Trout Stream
Mitigation Fee of $17,414 per acre; the Transportation Mitigation Fee of
$14,820 per acre; and sewer and water fees totaling $10,971 per acre.
These fees will be due prior to release of the plat or issuance of a building
permit, whichever occurs first.
• All electrical and communication utility lines are required to be buried.
• Brown's Creek Watershed District review and permit are required.
C. Future Subdivision
Future development of excess church property and the two underdeveloped
residential properties south of the senior facility has been considered. The
attached plan set demonstrates that the location of the new segment of Minar
Avenue along with the extension of utilities will allow each of the three
neighboring properties to develop independently of each other. The option for all
to develop simultaneously as a single plat is also still preserved.
There has been concern expressed by one of the landowners to the south that if
the City approves the proposal, the development value of his property will drop.
This is not correct. The lakeshore management overlay district within which the
property to the south lies, permits residential lots with a minimum size of 20,000
square feet. This does not change whether the City approves the senior living
facility or not. Therefore, the development value remains the same.
The speculative development value of the property to the south could be affected,
though. If a developer were able to acquire all three of the underdeveloped
properties in this neighborhood, and were able to buy sufficient abutting open
space, and were able to receive approval of a Lakeshore Planned Unit
Select Sr. Living
September 5, 2008
Page 7
Development from the DNR and the City, then perhaps the development density
of the properties to the south could be higher than 20,000 square foot lots.
However such a Planned Unit Development was recently attempted and failed.
Therefore, lots smaller than 20,000 square feet are very speculative at this point.
A letter has been received from the southerly neighbor that explains his concerns.
It is attached.
C. Tree Preservation
A tree inventory has not been submitted with the preliminary plat application
materials. It will need to be submitted with the final plat application, as will a tree
replacement plan.
D. Park and Trail Dedication
Ordinance Standards
Ordinance 963 establishes minimum public park and trail dedication
requirements. In cases such as this one where the Comprehensive Plan and park
planning efforts do not identify a need for on-site parkland, a park dedication fee
is required in lieu of a land dedication.
Park Dedication Fee
Unfortunately, there is no established park dedication fee in Ordinance 963 for
senior living facilities. The most similar fee may be for multiple -family projects,
which requires $1,500.00 for each unit. However, the impact of a senior living
project and an apartment building are not similar. Therefore, the Park Board was
required to make a recommendation to the City Council on the amount of park
dedication fee that should be required. They considered the matter at their August
25, 2008 meeting. Their recommendation to the City Council is as follows.
Unit type E Number of Park I Standard i Recommenced I Recommended
Total park dedication fee would therefore be $26,250 for the project.
Trail Dedication Fee
In addition to the park dedication fee, Ordinance 963 also requires a trail
dedication fee if a trail is not to be built and dedicated to the public. In this
units usage
fee/unit I feetunit
Total
Memory loss
19 0%
$1,500 p $o a I _
$0 .
Assisted living
F 47 '0%
�^ $1,500 $0
$0 '
Independent living
I 35 ��^50%
�� $1,500 $750
$26,250
$26,250
RECOMMENDED TOTAL
Total park dedication fee would therefore be $26,250 for the project.
Trail Dedication Fee
In addition to the park dedication fee, Ordinance 963 also requires a trail
dedication fee if a trail is not to be built and dedicated to the public. In this
Select Sr. Living
September 5, 2008
Page 8
project a public trail is proposed along Minar Avenue that would connect to the
County Road 12 trail. The cost of public trail construction should be deducted
from the required trail dedication fee. However, as with the park dedication fee, it
is unlikely that the impact of the project's residents upon the trail system will be
in the same order of magnitude as a standard apartment building. Therefore, the
Park Board made the following recommendation for a reduced fee.
Unit type
f Memory loss
Assisted living
Independent living
CI Number of Trail
units usage
F 47 25%° -
35�� . F 1001X.
Standard
Recommended
Recommended +$
fee/unit
fee/unit
Total
-$500
-s-0- - —
— $0
$500
! $125
$5,875
$500
$500
$17,500
RECOMMENDED TOTAL
$23,375
The total trail dedication fee would therefore be $23,375 minus the cost to the
developer of constructing the public trail along Minar Avenue.
E. Parking
The industry that serves the senior living population evolves so rapidly that the
City Zoning Ordinance does not have a specific requirement for the proposed
facility. There are specific requirements for "boardinghomes for the aged",
"institutions for the aged", and "nursing homes". The parking requirement for
each of these is one space for each five residents phis a space for each employee
on the largest shift. This parking standard recognizes that the residents are not
driving and do not need personal parking spaces. These facilities only need
visitor and employee parking.
The proposed senior living facility is not a nursing home. But, the proposed
facility will have a number of residents that do not drive. There are 19 planned
memory care units and 47 planned assisted living units. The residents in these
units typically do not drive. So, for these 66 units it would be appropriate to
apply the 1 per 5 standard, resulting in 13 required spaces for these residents.
The independent living units will have more driving residents. In similar facilities
in the metro area there is on average fewer than one driver per unit. But to be
conservative we could require one space for each of the 35 planned independent
living units. That would allow spaces for visitors as well.
In addition to the residents and visitors, there will be as many as 10 staff members
on the site during the day shifts. There will be fewer during night shifts. And, to
be conservative 10 spaces should be allowed for various volunteers and deliveries.
Select Sr. Living
September 5, 2008
Page 9
In summary, this would result in the need for 13 memory loss and assisted living
spaces, 35 independent living spaces, 20 spaces for staff and assorted daytime
volunteers and deliveries. This is a total of 68 spaces.
The proposed facility will have 68 spaces. 22 will be in the surface lot and 46 in
the underground garage. Unless employees and volunteers park in the
underground garage, surface spaces may not suffice. Consequently, 10 proof -of -
parking spots should be provided. If needed, these spaces could be built.
IV. SPECIAL USE PERMIT
If the City Council approves the requested amendment to the City Code, then the senior care
facility would be allowed by SUP in both the RB Zoning District and the shoreland overlay
district.
Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning
Commission finds that:
(A) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the
Comprehensive Plan, and any relevant area plans.
Zoning Ordinance
All relevant Zoning Ordinance standards have been reviewed in previous sections of
this report.
Comprehensive Plan
The City's Comprehensive Plan's housing chapter encourages providing a range of
housing opportunities for the aging and elderly. One tool identified for doing this is
through the zoning ordinance, which allows higher density senior residential facilities
by SUP in several of the City's single family zoning districts.
The Comprehensive Plan's future land use map guides the subject property for SFSL,
Single Family Small Lot development. The two zoning districts that are consistent
with the SFSL density and land uses are the RB and the CR zoning districts. The
proposed project is proposed to be zoned RB.
(B) Any additional conditions necessary for the public interest have been imposed.
Architectural design — The project site is not located within a historic residential
neighborhood, downtown, or the West Business Park. Therefore, no architectural
standards are mandated, nor is a review by the Heritage Preservation Commission
required. None the less, architectural design is important.
At the August Planning Commission meeting there was discussion about the color and
materials associated with the exterior facades. The original proposal was predominantly
white, which accentuated the three story height of the building. In this semi -rural
neighborhood the Planning Commission thought that the color scheme would be out of
place. It was suggested that colors from Liberty on the Lake be worked into the fagade.
Select Sr. Living
September 5, 2008
Page 10
The developer subsequently created two other exterior options. They are attached.
Option A removes the front entrance columns. Option B retains those columns. Both
options introduce a predominantly "non-white" color palate. Option B 1 uses beige trim
and accent, whereas Option B2 uses white trim and accent. The columned option looks
less institutional and is therefore preferred by the developer and by city staff.
The Joint Board should consider the options and make comments.
Lighting — A lighting plan has been submitted with the application materials. The
illumination spillover is held at 0.0 luminaires along C.R. 12, along the elementary
school property line and along most of the southern lot line. The pole mounted light near
the southeast corner of the building casts 0.1 luminaires at the southern lot line. The
lighting plan should be revised to hold this at 0.0 luminaires. Also, prior to City Council
consideration of the proposal, cut sheet details should be submitted for each of the
exterior fixtures. This will help review both aesthetic considerations as well as glare
potential.
(C) The use or structure will not constitute a nuisance or be detrimental to the public welfare of
the community..
* At the public hearing before the Planning Commission in August, the neighbor to
the south requested upgraded landscaping along the southeastern portion of the
site. This would help break up the mass of the building from his point of view.
The developer will berm the southeast corner of the site and add landscaping as
shown in the attached landscape plan.
Attachments: Letter from Neighbor
Revised Landscape Plan
Revised Site Layout
Architectural Options
SELECT SENIOR LIVING
STILLWATER, MINNESOTA
LAYOUT PLAN
�'1
Mao No 08--
Folz, Freeman, Erickson, Inc.
LAND PLANNING # SURVEYING ♦ ENGINEERING
N 12445 55TH STREET NORTH
'+E LAKE ELMO, MINNESOTA 55042
8 Phone (651) 439.8833 Fax (651) 430.9331
N
iY O E
S
ORIGINAL SCALE
1 INCH — 40 FEET
0 20 40 80
SCALE IN FEET
LEGEND
PROPERTY BOUNDARY
PROPOSED PAVEMENT
PROPOSED CONCRETE
PROPOSED BITUMINOUS TRAIL
NOTES
1) BACKGROUND INFORMATION FROM FIELD SURVEY PERFORMED BY
PAUL JOHNSON, ADDITIONAL UTILITY INFORMATION FROM
ASBUILTS BY CITY OF MOUNDS VIEW FFE, INC. OFFERS NO
GUARANTEE AS TO THE ACCURACY OF INFORMATION PROVIDED BY
OTHERS
2) ALL RADII TO BACK OF CURB.
3) ALL DIMENSIONS TO THE FACE OF CURB UNLESS NOTED
OTHERWISE
4) PAVEMENT STRIPING TO BE 4' WIDE WHITE PAINTED
STRIPE ACCESSIBLE ACCESS AISLE STRIPING SHALL BE
4" WIDE WHITE PAINTED STRIPE 18' ON CENTER AND AT
45 DEGREE ANGLES TO STALL.
AREA SUMMARY
IMPERVIOUS
BUILDING 31,855 S F
SIDEWALK/PATIO 3,249 S.F
DRIVEWAY/PARKING LOT 18,032 S F
BIT. TRAIL 5,172 S.F
TOTAL 56,308 Sf
PERVIOUS179,880 S F 76%
IMPERVIOUS 56,308 S.F. 24%
TOTAL 236,188 S F 100%
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LEGEND
-- — — — PROPERTY BOUNDARY
Folz, Freeman, Erickson, Inc.
LAND PLANNING ♦ SURVEYING ♦ ENGINEERING
N 12445 55TH STREET NORTH
( � E LAKE ELMO, MMESOTA 55042
LANDSCAPE PLAN
DECIDUOUS TREE
0
s Phone (651) 439.8833 Fax (651) 430.9331
W*
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NOTLS
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