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Home My WebLink AboutCC 6-01-2010 Farm School Comp Plan Commo MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 6/01/2010 REGULAR ITEM #: 10 MOTION Resolution 2010-017 AGENDA ITEM: Comprehensive Plan Amendment for Senior Living and Farm School Project at 9434 Stillwater Boulevard North – PID’s: 15-029-21-31-0001 and 15-029-21-31-0003 SUBMITTED BY: Tammy Malmquist, Applicant Lake Elmo Planning Commission Kyle Klatt, Planning Director THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: As per City Council direction from its May 18th, 2010 Meeting and following its May 25th, 2010 Workshop, resubmitted for Council Consideration is a proposed Comprehensive Plan Amendment, requested from Mrs. Tammy Malmquist, 8549 Ironwood Trail North. Assuming affirmative action by the City Council, forthcoming will be separate requests for a Zoning Text/Map Amendment (Item #11 on tonight’s Agenda) and an OP Open Space Preservation Concept Plan and a Planned Unit Development concept plan (both tabled by the Planning Commission on May 10th and May 24th, 2010). In their totality, these four actions would allow the establishment of a 40-unit senior living multi-family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Boulevard North. The unanimous recommendation of the Planning Commission to approve the proposed Comprehensive Plan Amendment is reflected in the following motion: SUGGESTED “Move to Approve Resolution 2010-017 Amending the City of Lake MOTION: Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission.” BACKGROUND INFORMATION: Given the complex nature of this application, Staff has recommended that the Planning Commission and City Council review focus first on the Comprehensive Plan and Zoning amendments before proceeding with a discussion of the OP Development and PUD Concept Plans. The primary reason for the staged review was to take the bigger picture items first, and then advance with the detailed plan reviews, if warranted. City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School June 1st, 2010 Regular Agenda Item # 10 -- page 2 -- This process was designed to save time, resources and effort, should support not exist within the Planning Commission and City Council to move forward with the Comprehensive Plan and Rezoning. However, the Planning Commission elected to only consider and forward at this time for Council consideration the recommended Comprehensive Plan Amendment. A summary of this item follows: COMPREHENSIVE PLAN AMENDMENT: A request to amend the Lake Elmo Comprehensive Plan, and specifically the Future Land Use Map, to change the future use of the applicant’s 30.9 acre parcel from RAD Rural Agriculture Density (.45 dwelling units per acre) to RAD2 Rural Agricultural Density/2 (2 dwelling units per acre). The applicant has requested a transfer of some density from an existing RAD2 area located west of the applicant’s site along Stillwater Boulevard to the project site. On May 4th, the City Council discussed this item and elected to delay consideration (3-2 vote) by two weeks. During this interim period, the Planning Commission proceeded to hold the required Public Hearing and approve the requested Zoning Overlay (item #11 on tonight’s Agenda) but elected to table action on the requested OP Preservation Concept Plan and Planned Unit Development. On May 18th, the City Council elected to again delay consideration and scheduled a Workshop to further discuss of both items for May 25th, 2010. On May 24th, 2010, the Planning Commission elected to table action on the requested OP Preservation Concept Plan and Planned Unit Development until the City Council had provided direction with respect to the Comprehensive Plan Amendment and Zoning change. On May 25th, 2010, the City council held a Workshop to discuss these two items and related issues (detailed below). STAFF REPORT: The attached Staff report from the Planning Department includes detailed information concerning the application and the review and recommendation concerning the first two portions of the request: the Comprehensive Plan and Zoning Text Amendment (this item is also scheduled for Council review and consideration tonight). The staff report also includes a brief summarization of the issues that have been identified concerning the specific concept plans, which were presented in greater detail to the Planning Commission on May 10th. Please note, however, that the City Council is not being asked to review the concept plans at this time, and should focus its attention on the positive or negative aspects of the Comprehensive Plan Amendment being requested. Should the City Council decide to not move forward with the requested revisions to the Comprehensive Plan, the latter decisions will not require a significant amount of additional discussion and review, since the concept plans and Zoning changes would not be consistent with the Comprehensive Plan (and therefore could not be approved). City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School June 1st, 2010 Regular Agenda Item # 10 -- page 3 -- Planning Staff did recommend denial of the proposed Comprehensive Plan amendment, as requested by the applicant. Findings of fact for denial were included in the original Planning Commission Report and are available tonight, if requested. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously supported the applicant’s requested Comprehensive Plan Amendment and developed a revised list of findings, included in the Planning Commission report. The findings have been incorporated by the Planning Director and City Attorney into the attached draft Resolution for Council Consideration. The Planning Commission has also unanimously approved the proposed Overlay Zoning changes but has chosen to table taking further action on the OP Development and PUD Concept Plans. WORKSHOP REPORT: The City Council held a workshop on these and related items on May 25th and came to the following general consensus: 1. Lifecycle Housing – The community should have as part of its overall housing objectives appropriate consideration for various lifecycle housing products and amenities. This should include senior housing, as well as other lifecycle housing classifications (workforce, family, starter, empty-nester, etc.) 2. Future Up-Zoning Requests – The City Council should give timely consideration to planning and land use decisions to design and develop some form of management of density changes with respect to future zoning decisions. This should especially include a focus on RAD-2, but also how best to address this issue with respect to the Old Village and the I-94/10th Street Corridor. 3. Senior Housing in the Village – The City Council should give timely consideration to planning and land use decisions to develop and implement some form of strategy and program to advance community objectives for well-managed, quality development within the Old Village and the I-94/10th Street Corridor. The City Council did not get time to address question #4 from the Workshop regarding specific issues relating to the proposed development. For Council consideration, attached is the staff summary of the issues raised during staff and Planning Commission evaluation of the proposed four actions. Also, at the request of the City Council, the Applicant has provided direct responses to the 15 questions posed by Council Member Emmons but not addressed during the Workshop. These responses are attached and also available on the City’s Website to the public as part of the publication of the material for this Agenda Item. RECOMMENDATION: Based upon the above background information, staff report and recommendation of the Planning Commission, it is recommended that the City Council discuss City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School June 1st, 2010 Regular Agenda Item # 10 -- page 4 -- and consider the proposed Comprehensive Plan Amendment, as delineated in the attached drat Resolution. Affirmative action can be undertaken by the following motion: “Move to Approve Resolution 2010-017 Amending the City of Lake Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission.” Of note: The City Council will not be able to formally adopt the Comprehensive Plan Amendment until after Met Council review is complete. It appears that this amendment would be classified as a "minor plan amendment" by the Met Council and, therefore, not subject to adjacent review. Final Council action on the recent modifications to the City’s Comprehensive Plan by the Met Council will also need to be undertaken prior to formal adoption of this Amendment. It should also be noted that final approval of the Comprehensive Plan Amendment is contingent upon approval by the City Council of the other aspects of this project. This contingency obviates the necessity or taking action to reverse tonight’s decision, should the proposed development not move forward. Language to this effect has been crafted by the City Attorney and is also included in the draft Resolution. Alternatively, the City Council does have the authority to deny the requested Comprehensive Plan Amendment, as recommendation by the Planning Commission, at tonight’s meeting. However, further delay of action tonight may require the concurrence of the applicant, given state statutes governing timely responses to land use applications. The City Council may also elect to amend this recommendation, as appropriate. If the latter is done, the appropriate action of the Council following such discussion would be: “Move to Approve Resolution No. 2010-017 [ as amended at tonight’s meeting ].” ATTACHMENTS: 1. Resolution 2010-017 2. Summary of Staff/Planning Commission Issues and Responses 3. Applicant’s Response to Council Member Emmons’ Questions 4. Planning Staff Report 5. Development Application Form (included) 6. Response to Incompletion Letter (included) 7. Review Comments: (included) o Minnesota Department of Transportation o Valley Branch Watershed District City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School June 1st, 2010 Regular Agenda Item # 10 -- page 5 -- o Oakdale Fire Department (Public Safety) o City Engineer 8. Future Land Use Map (Applicant’s Site and RAD2 Areas) (included) 9. Aerial Image of Site (included) 10. Concept Plan Narrative & Zoning Text Amendment (included) 11. Farm School and Senior Living Concept Plans (included) 12. Copies of Written Correspondence (previously provided) SUGGESTED ORDER OF BUSINESS: - Introduction ........................................................................... City Administrator - Discussion by the City Council....................................... Mayor & City Council - Public Comments, if appropriate ............................................ Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates