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Home My WebLink AboutCC Memo -Arbor Glen Rezone and CUP 2.16.15 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 2/16/2016 REGULAR ITEM #13 AGENDA ITEM: Request by Arbor Glen Senior Living LLC for Rezoning and Conditional Use Permit SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................................................................... Staff - Report/Presentation………………………………………………………..Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North with the following motions. 1. “Move to adopt Ordinance 08-___ rezoning Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District”. 2. Move to approve Resolution 2016-__approving of a conditional use permit for Congregate Housing (Arbor Glen Senior Living Facility) with services with 12 conditions. City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 2 -- FISCAL IMPACT: The construction will result in a $4,000 collection of SAC and WAC charges per unit. Exact determination is dependent on the Metropolitan Council’s determination. The project will also result in the collection of a $47,494.80 street assessment and $22,463.47 sewer assessments with the sale of the property to Arbor Glen Senior Living, LLC. SUMMARY: The Planning Commission held a public hearing on December 14, 2015 which was continued to January 25th to consider Arbor Glen Senior Living, LLCs request for rezoning from GB - General Business to VMX - Village Mixed Use and a conditional use permit for congregate housing in order to construct an 84 unit (plus one guest suite) senior living facility at the corner of County Road 17 and 39th Street N. The proposed facility will have a total of 84 units: 24 memory care, 29 assisted living, and 31 independent living units, plus 1 guest suite. The memory care facility is located on the first floor and is a secure facility. The assisted living is located on the second floor, and the independent living is on both the first and second floors. The State of MN licenses memory care and assisted living facilities. The facility will be run by the Ebineezer Society. The memory care rooms do not have kitchens, and are not considered residential for building code purposes, nor does the Metropolitan Council consider them as residential units. The assisted living and independent living units have kitchens and bathrooms and are considered residential units by MN State building code and the Metropolitan Council. The assisted living residents will utilize a range of living assistance in the facility depending on the needs of the resident. Assisted living residents will not own cars or drive. A facility owned van will provide transportation for residents to access service and shopping needs. The site is located in the GB-General Business zoning district, but is guided in the Comprehensive Plan as Village Mixed Use. The senior living facility fits the definition of Congregate Housing in the City’s Code of Ordinances which is a conditional use in the VMX – Village Mixed Use zoning district. At the Public hearing, there were was only email comments from one resident, Steve Delap which was concerned about the lot size, density and the distance of the facility from the core Village. The Planning Commission’s primary concern was related to the setback from CSAH 17 (Lake Elmo Ave). The Commission requested that a 25’ right-of-way easement be dedicated as part of this development and that the building maintain a 10 foot setback from the right-of-way. The applicant is willing to comply with the right-of-way easement dedication and has submitted revised plans reflecting the change, dated February 5, 2016. Since the Planning Commission meeting on January 24, 2016, the Fire Chief raised the issue of the “unique” response requirement of senior living facilities. Senior living facilities can result in an increase in emergency calls. In some instances, facility managers are unwilling to perform CPR and rely on emergency service providers. The result can be additional city costs and staff burnout. This is a city policy issue that does pertain to this proposed land use and other similar City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 3 -- developments in the future. Staff has not addressed this issue with any condition, but it is an issue the City Council should consider with this application or in the near future. FINDINGS FOR APPROVAL: In order to approve a conditional use permit, the City Council must ensure all of the following provisions are met. 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 4 -- Conditions of Approval: The Planning Commission recommended approval with the following ten conditions: 1. That the applicant comply with the conditions/comments in the City Engineer’s memo dated December 7, 2015. 2. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 3. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 4. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 5. That the monument sign near the driveway entrance be relocated to be 15’ away from the driveway intersection. 6. That all signs comply with the City’s sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. 7. That proper State of MN licensing be maintained for the memory care and assisted living facilities. 8. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way. 9. That the proposed building maintain a minimum 10 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 10. That additional sound mitigation measures be installed in the building along CSAH 17/Lake Elmo Ave. Staff recommends the City Council consider following additional conditions: 11. That the developer comply with the Lake Elmo Fire Department’s memo dated November 20, 2015. 12. The landscaping once accepted by the City shall have a 2-year warranty and that the applicant submit irrigation plans for city approval prior to installation. RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North. The motion of approval for the rezoning is: “Move to adopt Ordinance 08-___ rezoning Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District”. The motion to approve the conditional use permit is: City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 5 -- “Move to approve Resolution 2016-__approving of a conditional use permit for Congregate Housing (Arbor Glen Senior Living Facility) with services with 12 conditions”. ATTACHMENTS: • Planning Commission packet 1/25/2016 Item 5b • Planning Commission minutes 1/25/2016 • Lake Elmo Fire Department memo dated 11/20/2015 • Arbor Glenn Senior Living LLC resubmittal 2/5/16 • City Engineer’s memo (to be handed out at the meeting)