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HomeMy WebLinkAboutPC Report Amira - United Properties - Prelim Plat & PUD, RZ, CPA/ STAFF REPORT DATE: 10/12/22 PUBLIC HEARING TO: Planning Commission FROM: Molly Just, Planning Director AGENDA ITEM: Amira of Lake Elmo – Eagle Pointe Business Park BACKGROUND: On April 7, 2020 the Lake Elmo City Council granted a series of approvals to the applicant to construct a 103-unit senior housing building on the subject property. Those approvals consisted of the following: A Comprehensive Plan Amendment from BP (business park) to MU-BP (mixed use – business park); A Zoning Map Amendment (rezoning) from BP (business park) to MU-BP (mixed use – business park); A PUD Amendment for the Eagle Pointe Park PUD to allow a residential use on the proposed development site; and A Preliminary Plat and the Preliminary Planned Unit Development (PUD) Plan for a 103 unit multi-family residential development to be called Applewood Pointe of Lake Elmo on an 11.7-acre parcel at the southeast corner of Hudson Boulevard and Eagle Point Boulevard in the Eagle Pointe Business Park. Since that time the applicant has adjusted the project to meet current market demand for senior housing. The proposal includes an increase from 103 units to 146 units. The units have gotten smaller but the building footprint has not expanded out or up. The increased unit count and the corresponding zoning district and Comprehensive Plan land use designation require a PUD and plat amendment, a Comprehensive Plan Amendment (from MU-BP to HDR) and a Zoning Map Amendment (from MU-BP to HDR). ISSUE BEFORE PLANNING COMMISSION: The Planning Commission is being asked to review the proposal, hold a public hearing, provide feedback and make a recommendation to the City Council on the above-mentioned requests. GENERAL INFORMATION: Property Owner: United Properties, Minneapolis, Minnesota Applicant: United Properties (Jennifer Mason) Location: Outlot C, Eagle Point Business Park Second Addition PID Number 33.029.21.44.0009 Requests: Amended Preliminary PUD and Plan, Comprehensive Plan Amendment and Zoning Map change Site Area: 11.7 gross acres Existing Zoning: MU-BP (Mixed Use Business Park) Existing Land Use: Platted but vacant outlot within Eagle Point Business Park Surrounding Land Use: Business park office buildings and a medical center Surrounding Zoning: BP – Business Park (PUD) Comprehensive Plan: Existing: MU-BP (Business Park) Proposed: HDR (High Density Residential) Proposed Zoning: HDR (High Density Residential) Deadline for Action: Application Complete – 9/9/2022 60 Day Deadline – 11/8/2022 Extension Letter Mailed – No Applicable Regulations: Article XII Urban Residential Districts – HDR Zoning District Article XVIII – Planned Unit Development (PUD) Regulations 2040 Lake Elmo Comprehensive Plan City of Lake Elmo Design Standards Manual The Eagle Point Business Park was initially conceived as part of the City’s Comprehensive Plan update in 1992, and the official Business Park zoning for this area was adopted in 1997. Over the next three years, United Properties submitted applications for a general concept plan for a business park, a general development stage plan, and a final plat and final plans for what is now called the Eagle Point Business Park. Overall, the business park occupies approximately 120 acres in the extreme southwestern portion of Lake Elmo both north and south of Hudson Boulevard. Since approving the overall plans for the park, the City has been reviewing final development plans for each of the buildings/phases that have been constructed since then. Eagle Point Business Park was approved as a Planned Unit Development (PUD) in the early 2000’s, and the City approved a concept plan and preliminary development plan for the entire site at that time. This approval included the adoption of development standards and regulations for the entire park, and all subsequent building is expected to conform to these standards. In terms of new building requests, the City has been requiring applicants to submit an updated preliminary plat and preliminary plans for each site, which is then followed by consideration of a final plat and plans. Since this lot is now platted as an outlot it will need City approval of a preliminary and final plat before construction may start. Most of necessary public infrastructure for this site, including the public roads and utilities, have been installed. PROPOSAL REVIEW AND ANALYSIS PRELIMINARY PUD and PLAT REVIEW The primary proposed use of the site (on the corner of Hudson Boulevard and Eagle Point Boulevard) would be a 4-story, 146-unit rental senior housing building with underground parking for 146 vehicles and 88 surface parking spaces. The building would be located generally in the center of the site on the higher ground in between two wetlands. The development would wrap around an existing wetland to the east and would be to the east of the smaller wetland on the northern portion of the site near Eagle Point Boulevard. The plans show one driveway connecting the development to Eagle Point Boulevard on the north end of the property and one Emergency Access at the southern end of the site to provide a second means of access for emergency purposes. The Emergency Access would connect to the private driveway of the abutting 8650 Hudson Boulevard. Most of the public and private infrastructure needed to serve the proposed building is already in place as there is public sanitary sewer and public water in the Hudson Boulevard right-of-way and available to the property. Consistent with other developments and City policy, the City will be requiring the developer to make improvements in the portion of the Hudson Boulevard corridor adjacent to their site. These changes are to convert that part of the road from a rural section (with ditches) to an urban section with curb and gutter, a bituminous trail and underground storm sewer facilities. Site Plan and Density. The proposed site plan includes one 4-story building with 146 senior housing residential units, 146 underground parking spaces and 88 surface parking spaces. This plan also shows areas for community garden plots, gazebo, pool and firepit and other unplanned open space areas. There are also many amenities inside the building for physical fitness and entertainment. With 146 units on a 11.7 acre site, the gross density for this proposal is 12.47 units per acre. With 1.36 acres of wetland on the property, the site is 10.34 net acres for calculating density. 146 residential units divided by 10.34 acres equals 14.11 residential units per net acre. This is allowed within the proposed zoning district (HDR) and is consistent with the Comprehensive Plan land use guidance for the proposed land use designation (HDR). / Site and Design Changes. With the increased unit count from 103 to 146 the project must have a second means of access for public safety purposes. The plan depicts a permanent “emergency access only” access that connects to the private commercial driveway on the south property line. The emergency access would be 26 feet wide with a paved surface and grades not exceeding 7%. Site Character. The site is rolling with an elevation change of about 36 feet across the site – from an elevation of 962 near the sanitary sewer lift station along Hudson Boulevard to a high point of 998 in the north center of the site. There is a small ponding area labeled as a wetland (0.15 acre) near Eagle Pointe Boulevard and a larger wetland (1.36 acres) that the eastern property line of the site runs through. There are areas of trees on the slope facing Hudson Boulevard and around the edges of the larger wetland. Preliminary Plat. Since the site of the proposed development is now an Outlot (Outlot C of the Eagle Point Business Park Second Addition), the developer/applicant is asking the City to approve a preliminary plat as part of the PUD approval. The City Code does not allow building on an outlot – the owner must replat the property into a lot and block as the developer is requesting in this case. This platting process allows the City to ensure that all the necessary street right-of-way and easements are in place on the property. Traffic Study. The applicant had a traffic study prepared and submitted as part of their application for the 103-unit building. This study noted that a senior housing building is a relatively low traffic generator. In summary, the study showed that the 103-unit development would have minimal impacts on the operations of adjacent intersections and that it would not create enough additional traffic to warrant improvements at any of the nearby intersections. The additional 43 units should not create a significant additional impact. Trails and Pedestrian Access. There are currently no trails or sidewalks adjacent to this site. The City’s long-term plan for Hudson Boulevard is to have an 8-foot-wide trail along the north side of street from Inwood Avenue to Manning Avenue. It has been the practice of the City to have developers install the segments of this trail along their respective project sites as part of the development of their projects. In this case, that would be about 1000 feet of trail along Hudson Boulevard running from Eagle Point Boulevard past the City’s sanitary sewer lift station to the existing driveway serving the High Pointe Health Campus. The proposed project plans show an 8-foot-wide trail along Hudson Boulevard to meet this requirement. The project plans also show a 6-foot-wide concrete sidewalk along Eagle Point Boulevard from Hudson Boulevard to the proposed driveway of Amira. This new sidewalk will provide an off-street pedestrian access from the new senior housing to the trail along Hudson Boulevard. Since Eagle Point Boulevard is a State-Aid road, there are specific design standards the new sidewalk must meet including width and having at least a 5-foot-setback from the curb. Wetland and Buffers. The proposed development plans show two wetlands on or partially on the property. The wetland along the eastern property line has 1.36-acres on the site out of the 2.5-acres of wetland area and the plans show a 0.15- acre wetland adjacent to Eagle Point Boulevard. The South Washington Watershed District determined the 0.15-acre wetland is actually a constructed stormwater pond and therefore not considered a wetland for their purposes. The plans show the applicant preserving both the wetlands and providing a buffer around them. The City requires the applicant to put easements on the final plat to accommodate the wetland and the wetland buffer. Park Land Dedication. The City established an overall fee in lieu of land dedication for the business park at the time of general concept plan approval and in conjunction with the final plat for the initial construction phase within the park. It appears that a portion of this fee is being paid with each building permit that is issued within the Eagle Point Business Park. The proposed development does not propose a public park but does provide outdoor recreation for its residents through the community garden plots, gazebo, pool and firepit and other unplanned open space areas. The proposed development consists of 11.7 acres, and the required parkland dedication for new development in the HDR zoning districts is 10%. The required amount of fees would be 10% of the purchase price or current market value of the property, which has yet to be determined. Parking. The City’s Zoning Code requires one off-street parking space per senior housing unit (regardless of size or number of bedrooms) and at least one visitor parking space per every four units. With 146 proposed senior housing units, the Code requires at least 183 parking spaces for this development. The developer is proposing a total of 234 parking spaces between an underground garage and surface parking. Electric charging stations will be located in the garage. Engineering Comments. The City Engineer has provided a detailed review memo (dated September 27, 2022) regarding the proposed preliminary PUD. The complete memo is attached for reference. Staff would like to highlight the following comments in summary: Preliminary Plat and Easements Revise preliminary and final plat and all project plans to provide watermain easement to be minimum 15-feet from watermain centerline near the front entrance along Eagle Point Boulevard. Revise preliminary and final plat and all project plans to provide watermain easement to be minimum 15-feet each direction from the proposed fire hydrant along west side of building. Emergency Access Easement Agreement. A draft agreement was submitted as part of the Preliminary Plat application to facilitate the construction and maintenance of a secondary emergency access to the site from an existing privately owned commercial driveway. Preliminary Plat approval must be conditioned on the Emergency Access Easement Agreement being revised to the satisfaction of the City Attorney, Fire Chief and Public Works Director to ensure that there that the emergency access driveway meets the city requirements. Streets and Transportation Site Access. The preliminary plan proposes a single site access that is located along Eagle Point Boulevard, approximately 200 feet southwest from the existing Eagle Point business condominium private driveway. Although the 200‐foot spacing is less than the preferred minimum spacing of 330 feet for collector roadways, this appears to be the preferred access location for this development. The 200‐feet offset is acceptable due to the low speed and low daily traffic volumes on Eagle Point Boulevard. In addition, the proposed site access maintains a greater spacing distance from Hudson Boulevard, which provides for higher volume queuing within the existing Eagle Point Blvd turn lanes to Hudson Boulevard. Secondary Access. The development density on this site requires a secondary access for emergency services. The site plan proposes a permanent “emergency access only” that connects to the existing private commercial driveway on the south property line. The emergency access will be a 26‐feet wide paved surface with grades not exceeding 7%. Preliminary plat approval must be contingent upon the permanent emergency access being constructed in accordance with Plans and Specifications approved by the City. Municipal Sanitary Sewer The preliminary plans are proposing 146 REC units for a site that was originally planned for 15 REC units. The proposed sewer connection point has the capacity available to accommodate this increase, however, lift station pump upgrades will be required sooner than was originally planned by the city due to the increased capacity demands from this zoning increase and development density. As a condition of preliminary plat approval, the applicant will be required to pay $100,000 to the City’s Sewer Enterprise Fund to contribute toward the accelerated and increased lift station upgrades. The applicant will be required to connect to the existing sanitary sewer along Hudson Boulevard, connecting to an existing 8‐inch sanitary sewer pipe extending northwest from the I94 Lift Station site. The preliminary plans propose a connection to this location as required. The preliminary and final plans must identify the proposed sewer manhole SSWR‐104 as publicly owned and maintained. The utility plans must be revised to label each 8‐inch sanitary sewer segment as “private service line” from SSWR 104 to SSWR 103; from SSWR 103 to SSWR 102; from SSWR 102 to SSWR 101. Municipal Water Supply Any watermain lines and hydrants placed within the development will remain city owned and operated. Therefore, minimum 30‐foot easements centered over the pipe/hydrant are required. Easements must be platted as part of the subdivision. Easements have been shown on the plans but must be revised to meet city requirements (see Preliminary/Final Plat requirements). As a condition of preliminary plat approval, the applicant must submit domestic and fire suppression demands for the proposed 146‐Unit facility. Domestic demands must be based on Met Council SAC Determination usage methodology and equate to sanitary sewer flow determinations. Fire suppression demands must include a total fire flow demand using AWWA and ISO methodology and must provide the demand on the municipal water supply system in gallons per minute (GPM) for a duration of 2 hours. Stormwater Management The proposed development is subject to a storm water management plan meeting State, South Washington Watershed District (SWWD) and City rules. A permit will be required from both the Minnesota Pollution Control Agency and SWWD. Storm water facilities proposed as part of the site plan to meet State and SWWD permitting requirements must also be constructed in accordance with the City Engineering Design Standards Manual. The Stormwater Management Report (SWMR) and analysis must be revised to determine if rate and volume control requirements are met for all points of discharge from the site for all storm event conditions. The existing and proposed drainage exhibits must be revised to clearly show and label all points of discharge from the site. The rate control tables must be revised to reference each point of discharge from the site together with the pre‐development rate and post‐development rate. The Stormwater Management Report (SWMR) must be revised to provide a summary table of all drainage and depression areas on site with the existing and proposed NWL and HWL for each area. The site and grading plans must be revised, if needed, to provide all low floor elevations to be at least 2 feet above any adjacent HWL, and 1 foot above any emergency overflow elevation. The Stormwater Management Report (SWMR) must be revised to provide a summary table of each proposed BMP for the site together with a detailed description for the proposed facility type and function. The storm water facilities constructed for this development should remain privately owned and maintained. The applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement in the City’s standard form of agreement. Even as privately owned and maintain facilities, maintenance access roads meeting the City engineering design standards must be provided for all storm water facilities. Maintenance access must be clearly shown on the grading plans including access from the public right‐of‐way, and BMP maintenance access to all flared end sections and forebay. Grading Plans The grading plans must provide both the existing and the proposed normal water level (NWL) and 100‐year high water level (HWL) for both wetlands and all proposed storm water BMPs including the forebay. The 100‐year HWL contour must be clearly shown on the plans. All NWL and HWL must be revised to be consistent with the Stormwater Management Report submitted for the project. The grading plans must clearly show the 100‐year HWL for the existing creek, including the 100‐year HWL contours and labeling the HWL elevation. Overland emergency overflows or outlets must be clearly identified on the grading plans. The grading plans must be revised to better depict the approach grades along the emergency fire access lane, including the maximum grade allowed. Revise grading plan to mitigate erosion potential along retaining wall between Eagle Point Boulevard and wetland #2. Revise grading to increase pipe cover over storm sewer run STRM 300 to STRM 301. Revise storm sewer pipe from STRM 100 to STRM 101 to RCP pipe (forebay pipe inlet). Landscape Plans The preliminary and final landscape plans must be revised to relocate all trees to reside outside of the proposed public easement areas including the proposed watermain easements and the property line drainage and utility easements (reserved for small/dry utility corridor). Relocate trees within 15 feet of proposed fire hydrant along west side of building. Relocate trees that are within 10 feet from the parcel boundary along Hudson Boulevard (southwest corner of the development). Landscape Architect Comments. The City’s Landscape Architect reviewed the plans for conformance with City Code Article VIII Environmental Performance Standards. This article provides standards for tree preservation and landscaping. The complete memo dated September 27, 2022 (Updated 10/5/22) is attached and staff would like to highlight the following comments in summary: Land disturbance and grading activities are shown to be in conflict with the existing preserved tree critical root zones. Please review and revise the grading and tree preservation plans accordingly. Sodded turf and irrigation are noted to be located within wetland buffer and shoreland impact zones. Review and revise for appropriate native vegetation cover within these areas and eliminate underground irrigation systems within natural areas. Several trees are found to be in conflict with utilities. Provide a revised landscape plan addressing this finding. The landscape plan exceeds the minimum required number of trees. The landscape plan meets the minimum composition of required trees. The landscape plan includes the required mitigation tree types and quantities. The landscape plan meets the interior parking lot, perimeter parking lot and landscape screening requirements. Fire Department Comments. The Fire Chief reviewed the plans and provided several comments in a review memo dated September 23, 2022. The complete memo is attached for reference. Staff would like to highlight the following comments in summary: All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning radiuses. The turning radius plan overlay has been provided and is accepted by the fire department. The required secondary emergency access is provided and the location is approved by the fire department. The installation and maintenance of gates or other approved barricades across fire apparatus access road at both ends shall be provided and approved prior to installation. An approved signage and marking plan shall be determined for all No Parking and Fire Lane access roads. Fire hydrants shall be provided in approved locations following review by Engineering and Public Works. COMPREHENSIVE PLAN AMENDMENT REVIEW The 2040 Comprehensive Plan has designated this site Mixed Use Business Park (MU-BP) in the land use plan. For this development to proceed, the City would need to approve a Comprehensive Plan amendment for the site to change the land use designation from MU-BP to HDR (high density residential. The HDR land use is for higher density residential development ranging from 8 to 15 units per acre. Before submitting a Comprehensive Plan Amendment request to the Met Council for approval, a City must first submit the amendment for review by the Planning Commission, obtain local governing body (City Council) authorization for the amendment to be submitted to the Met Council for review, and give adjacent governmental units, affected special districts and affected school districts an opportunity to review the proposed amendment. Once they receive a Comprehensive Plan Amendment request, the Met Council has 15 days to determine if a Comprehensive Plan Amendment is complete for review and 60 days to approve or deny the request. They also may extend the review period for an additional 60 days if needed and beyond 120 days if agreed to by the local government. City staff sent the proposed Comprehensive Plan Amendment for adjacent agency review on September 14, 2022. The City of Woodbury replied to staff that they had no comment about the proposed change to the Comprehensive Plan for this site. The decision to change or amend the Comprehensive Plan is a policy matter for the Planning Commission to make a recommendation on to the City Council. Any change to the Comprehensive Plan should be based on findings and criteria to show that the change would be consistent with the goals and policies of the City. Such criteria may include that proposed Comprehensive Plan amendment would be consistent with the spirit and intent of the Comprehensive Plan and would be beneficial by providing a location for a housing option not currently available in the City. As a condition of approval of the proposed Comprehensive Plan Amendment, the City should require the submission of the necessary Comprehensive Plan Amendment to the Metropolitan Council and the City receiving formal notification from the Metropolitan Council that they have completed their review and that they have approved the proposed plan amendment. ZONING MAP AMENDMENT REVIEW In order for this development to proceed, the City also will need to approve a zoning map amendment (rezoning) for the property from MU-BP (mixed use business park) to HDR (high density residential). According the Lake Elmo Zoning Code, the HDR district is to provide for moderate to high density attached and multi-family housing, designed to present an attractive appearance to neighboring street and adjacent uses, to include sufficient private and semi-private outdoor space and to be well-integrated into their surroundings. Development in this district may occur at densities in excess of seven dwelling units per acre, provided the overall densities are consistent with the net densities specified in the Comprehensive Plan. If the City supports this development plan and approves the required Comprehensive Plan Amendment, then the City should change the zoning of the site to be consistent with the new land use designation. Consistency with High Density Residential (HDR) Zoning District. For comparison, staff reviewed the proposed preliminary PUD Site Plan against the standards including setbacks, impervious coverage, etc. of the HDR and MU-BP zoning districts, as shown below. Standard HDR Required Proposed  Impervious Surface Maximum 75% 30%   Minimum Lot Width 50 feet 638 feet on Eagle Point Blvd.  Front Yard Setback 20 feet 50 feet  Interior Side Yard 15 feet 100 feet (estimated)  Rear Yard Setback 20 feet 100 feet (estimated)  Maximum Building Height 50 feet 52 feet (allowed through PUD)  Parking Not to be located in the front yard or between the front façade and public street. Surface parking is located along Eagle Point Boulevard in front of the proposed building. (allowed through PUD)  Open space 200 square feet of common open space provided per unit. This per unit requirement would require 29,200 square feet. The PUD criteria requires at least 20% of the site as open space or 101,930 square feet. Looking at the plans it appears that there is at least 250,000 square feet of open space, far exceeding both requirements.   Proposed Design. The proposed design of the development is a 4-story senior housing building. The elevations of the building show it will to have an exterior with a mix of cultured stone, a mix of vertical and horizontal board and batten metal siding and fiber cement panel, and a sloping asphalt shingle roof. The building design will need to meet the Lake Elmo Design Guidelines and Standards for materials and colors. It appears to based on the elevations provided. / Building Height. The City measures building height to the mid-point of the sloped roof which would make the total building height about 52 feet. The City Council can approve additional height through the PUD. The minimal 2 foot increase is in the sloped roof which is consistent with the roofing styles of other residential development in the area. In this location, with no other residential buildings nearby, the proposed style and height of the building would fit the character of the area and should not cause any negative affects to adjacent properties. Adherence to Lake Elmo Design Guidelines and Standards. The proposed development will need to meet the standards of the Lake Elmo design guidelines. It appears that the project will meet the Lake Elmo Design Guidelines and Standards in that: The proposed structure is located and oriented in a manner that allows for pedestrian accessibility and provides visual interest from the public right-of-way. The building is located as close to the public street as possible, easily accessible from the street; setbacks are varied slightly; recreational and common spaces are located at the interior or rear of the site. Streetscapes provide for pedestrian accessibility and safety while offering aesthetically pleasing environments. With this proposed development, the City should require the developer to install a trail along Hudson Boulevard and a sidewalk along Eagle Point Boulevard to meet this City design standard. The parking areas do not account for more than 50% of street frontage. - Does not meet. Flexibility requested through the PUD. / Consistency with Planned Unit Development Regulations. This is an amendment to the previously approved PUD. The amendment is needed to increase the allowed unit count from 103 to 146. The building envelope and placement on the site would not change. Intent. The intent of a PUD is to provide for flexibility in the use of land and the placement and size of buildings in order to better utilize site features and obtain a higher quality of development. A PUD amendment is required because the senior housing would be a land use not approved by the City for the original PUD. Identified Objectives. When reviewing requests for PUDs, the City is to consider whether one or more objectives as outlined in Section 154.751: Identified Objectives of the Zoning Code will be served or is achieved. Staff has found that the proposed development would meet the following objectives: Innovation in land development techniques that may be more suitable for a given parcel than conventional approaches. The proposed development fits the site while preserving the important natural features including slopes, trees and wetlands. Provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques. The proposed development is proposing a number of recreational amenities to residents within the PUD including community garden plots, a gazebo, a pool and fire pit. Accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing. The proposed senior housing development would provide additional housing opportunities within the City that would have convenient access to employment and commercial facilities. Preservation and enhancement of important environmental features through careful and sensitive placement of buildings and facilities. The proposed site plan for the senior housing building shows careful placement of the proposed building in that it will preserve many of the existing trees on the site and would keep the proposed building well away from the existing wetlands on the site. RECOMMENDED FINDINGS Comprehensive Plan Amendment. Staff recommends the following findings: That the applicant has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake Elmo Planning Commission; and That the request is to amend the Land Use Plan Map for the site of the proposed Amira of Lake Elmo from MU-BP (mixed use business park) to HDR (High density residential); and That the proposed amendment is consistent with the overall goals and objectives of the Lake Elmo Comprehensive Plan. Staff recommends the following condition of approval: Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that they have reviewed and approved the proposed amendment. Preliminary PUD/Plat. Staff recommends approval of the preliminary PUD Plan for the proposed Amira of Lake Elmo development as proposed by United Properties based on the following findings: That if the City amends the Lake Elmo Comprehensive Plan and Land Use Map to re-guide the site of this PUD from MU-BP (mixed use business park) to HDR (high density residential), the preliminary PUD plan would be consistent with the intent of the Lake Elmo Comprehensive Plan and Future Land Use Map for the area. That the preliminary PUD Plan and Plat will meet the general intent of the High Density Residential Land Use designation in the Comprehensive Plan (with a Comprehensive Plan amendment) and the High Density Residential (HDR) zoning district with PUD modifications. That the preliminary PUD Plan and Plat generally comply with the City’s Subdivision regulations. That the preliminary PUD Plan and Plat is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated September 27, 2022. That the preliminary PUD Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout. That if the proposed preliminary PUD Plan has no more than 146 residential units, it will meet the allowed density requirement provided the City amends the Comprehensive Plan’s Land Use Map to re-guide this site from Mixed Use Business Park (MU -BP) to High Density Residential (HDR). The preliminary PUD Plan meets more than one of the required PUD objectives identified in Section 105.12.1130 including providing: innovation in land development techniques that may be more suitable for a given parcel than conventional approaches; provision of a more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques; accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing; and coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses.. Recommended Conditions of Approval. Staff recommends the Planning Commission recommend to the City Council approval of the preliminary PUD and preliminary plat for the Amira of Lake Elmo Senior Living Development as proposed by United Properties with the following conditions: That the applicant shall submit revised preliminary plat and project plans meeting all conditions of approval for City review and approval. The revised applicant/developer project plans shall meet all of the following conditions before the City will accept a final plat or Final PUD application for the development and before the start of any clearing or grading activity on the site. The revised preliminary plat and project plans shall address the comments from the City Engineer’s memo (9/27/22), Landscape Architect’s memo (10/5/22) and Fire Department memo (9/23/22). A point by point memo of how and where the comments have been addressed must accompany the revised preliminary plat and project plans. For any privately owned and maintained storm water facilities, the applicant will be required to execute and record a Stormwater Maintenance and Easement Agreement in the City’s standard form of agreement. An Emergency Access Easement Agreement is required for secondary emergency access from an existing privately owned commercial driveway. The easement agreement must be revised to the satisfaction of the City Attorney, Fire Chief and Public Works Director to ensure that the emergency access driveway meets the city requirements. Written landowner permission must be submitted as part of the final plat applications for any off‐site grading work to construct the Project. The proposed off‐site easements must be shown on the preliminary site plans, grading plans, and utility plans. Sanitary sewer service is available to the site. The applicant will be responsible to connect to the city sanitary sewer system and extend sanitary sewer into the property at applicant’s sole cost. The preliminary plans depict 146 REC units for a site that was originally planned for 15 REC units. Before recording the final plat, the applicant will be required to pay $100,000 to the City’s Sewer Enterprise Fund to contribute toward the accelerated and increased lift station upgrades. The applicant will be responsible to extend municipal water into the development at its sole cost and will be required to construct a looped watermain network internal to the site with, at least, a second City watermain connection point. Prior to submittal of an application for final plat, the applicant must submit domestic and fire suppression demands for the proposed 146‐Unit facility. Domestic demands must be based on Met Council SAC Determination usage methodology and equate to sanitary sewer flow determinations. Fire suppression demands must include a total fire flow demand using AWWA and ISO methodology and must provide the demand on the municipal water supply system in gallons per minute (GPM) for a duration of 2 hours. The proposed development is subject to a storm water management plan meeting State, South Washington Watershed District (SWWD) and City rules. A permit will be required from both the Minnesota Pollution Control Agency and SWWD. Storm water facilities proposed as part of the site plan to meet State and SWWD permitting requirements must also be constructed in accordance with the City Engineering Design Standards Manual. Site grading must be consistent with the City Engineering Design Standards, and in accordance with Plans and Specifications approved by the City Engineer. That the future final plat and final PUD plans would be for the parcel with the PID #33.029.21.44.0009. That the future final plat and final PUD Plans submittal identify all requests for flexibility from the Zoning Code. That the applicant/developer provide the City land or a fee in lieu of park land dedication as required by Section 103.00.150 with the final plat. That the final plat and final PUD Plans submittal include detailed architectural plans for the building. That the applicant/developer installs all the required improvements in and adjacent to Hudson Boulevard. The Preliminary Plat/Preliminary PUD approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in these conditions. That the PUD overlay zoning allow for the following: Amira of Lake Elmo – Planned Unit Development Parking is allowed between the front façade and the public street (Eagle Point Boulevard) as depicted on the approved Preliminary PUD Plan.  Maximum building height shall be 52 feet.  Maximum unit count in the PUD is 146 units.   That the Applicant(s) or developer shall submit a photometric plan for the development for staff review and approval. All lighting must meet the requirements of the City Code. Before the execution and recording of a final plat for the development, the developer or applicant shall enter into a Developer’s Agreement or a Site Work Agreement with the City. Such an Agreement must be approved by the City Attorney and by the City Council. The Agreement shall delineate who is responsible for the design, construction and payment for the required improvements with financial guarantees therefore. The applicant or developer shall enter into a separate grading agreement with the City before starting any grading activity in advance of final plat of PUD approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat or final PUD, and said plan shall document extent of any proposed grading on the site. That the City does not allow any parking and construction staging, including the loading and unloading of materials and equipment at any time on Hudson Boulevard or on Eagle Point Boulevard during the construction of the site improvements and building. FISCAL IMPACT: There would be no fiscal impact to the City at this time. When the property develops, it will have urban services and will pay sewer and water connection charges, building permit fees and the like that the developer and/or contractors will pay. RECOMMENDATIONS: City staff is recommending the Planning Commission take the following actions for the proposed Amira of Lake Elmo: Comprehensive Plan Amendment Staff recommends that the Planning Commission recommend approval of an amendment to the Land Use Plan of the Comprehensive Plan from MU-BP (mixed use business park) to HDR (high density residential) for the site of the proposed Amira of Lake Elmo with the following motion: “Move to recommend approval of a Comprehensive Plan Amendment for the site of the Amira of Lake Elmo on the corner of Hudson Boulevard and Eagle Pointe Boulevard from MU-BP (mixed use business park) to HDR (high density residential). This amendment is based on the findings listed in the Staff report and subject to the condition listed in the staff report. Zoning Map Amendment Staff recommends the Planning Commission recommend approval of the zoning map amendment of the site of the proposed Amira of Lake Elmo from MU-BP (mixed use business park) to HDR (high density residential) with the following motion: “Move to recommend approval of the rezoning of site of the Amira of Lake Elmo on the corner of Hudson Boulevard and Eagle Pointe Boulevard from MU-BP (mixed use business park) to HDR (high density residential). This approval will be subject to the City amending the Comprehensive Plan for this site and is based on the findings listed in the Staff report.” Preliminary PUD/Preliminary Plat Staff recommends that the Planning Commission recommend to the City Council approval of the proposed preliminary PUD Plan and preliminary plat for the proposed Amira of Lake Elmo development as proposed by United Properties for property on the southeast corner of Eagle Point Boulevard and Hudson Boulevard with the recommended conditions of approval as outlined in the staff report. “Motion to recommend approval of the preliminary PUD Plan and preliminary plat as requested by Jennifer Mason (of United Properties) for PID# 33.029.21.44.0009 for the project to be known as Amira of Lake Elmo located on the southeast corner of Eagle Point Boulevard and Hudson Boulevard. This approval is subject to recommended conditions of approval as outlined in the staff report.” ATTACHMENTS: City Engineer memo City Landscape Architect memo Fire Department memo Application Information Submitted Plans Shared by the applicant: Information on the Amira project in Bloomington YouTube Link: https://bit.ly/AmiraBloomingtonShowcase YouTube Link: https://bit.ly/AmiraBloomingtonTestimonials