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HomeMy WebLinkAbout8B - Eagle Creek Villas PUD AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF THE SCHEMATIC PLANNED UNIT DEVELOPMENT TO ALLOW AN ASSISTED LIVING FACILITY PROJECT IN THE PRIORVIEW PUD JUNE 2, 1997 The purpose of this item is to consider approval of the Schematic Planned Unit Development to add approximately one acre of land to the original PUD site, and to allow the construction of a 61-unit assisted living facility and a 28 unit market rate senior rental building on the vacant portion of the Priorview PUD. This property is located directly north of the intersection of Five Hawks Avenue and Priorview Street in the vicinity of Eagle Creek Villas. Eagle Creek Villas LLC has submitted an application for an amendment to the Priorview PUD. The schematic plan for the Priorview PUD, which allowed 106 units, was originally approved in 1982. The original plan also provided a street connection from Five Hawks Avenue to Cates Street, and preservation of site amenities, such as the woodland and wetlands on the western portion of the site. In 1983, the first phase of 48 units was approved, and in 1991, the second phase of 20 units was approved. There has been no other construction on this site since 1991. In the meantime, the project and land ownership have changed hands. In September, 1996, the Council approved Resolution #96-90, approving an amendment to the PUD which would replace the 38 townhouse/apartment units which were originally contemplated with a 61-unit assisted living facility. The approval of this amendment was subject to eight conditions listed in the resolution. The developer never submitted the necessary documents for preliminary plan approval of this PUD. The current proposal is very similar to the earlier amendment. The major difference is the addition of one acre of land, and the proposal for a future 28 unit senior rental building. The plan does attempt to address the eight conditions listed in 1:\97files\97puds\eaglepud\eaglecc.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQl'AL OPPORTl'NITY Erv1PLOYER Resolution 96-90. DISCUSSION: The Planning Commission conducted the public hearing related to this application on May 12, 1997. The Planning Report and Planning Commission minutes are attached to the agenda packet. The Planning Commission recommended approval of this amendment to the Schematic PUD plan, subject to an amendment to the Comprehensive Plan related to density. ISSUES: The PUD was reviewed according to the applicable provisions of Zoning Ordinance 83-6, and found to be consistent with the Zoning Ordinance requirements for the development of a PUD, especially the provisions promoting the preservation and enhancement of desirable site characteristics and open space, and the more efficient use of land and open space. The PUD is also consistent with the Housing Chapter of the Comprehensive Plan, specifically in that it will enable the City to make substantial progress toward the attainment of Livable Community goals related to lifestyle housing. The proposed land use is also compatible with the development in the area. A Comprehensive Plan Amendment will likely be required to deal with the density issue. When the Council reviewed the Schematic PUD in September, 1996, one of the issues discussed was the School District's interest in the wetland and wooded portion of this site for use as a nature education area. At that time, the Council determined the developer and School District could install, at their own expense, any trails included in this area. These trails were not a required component of the PUD plan, or of the City Comprehensive Plan. While the proposed plan does not show these trails, it does not necessarily eliminate them either. The plan shows the area as open space; nature trails is an appropriate use of the open space. The decision on whether or not to convey this property to the School District, and in what manner, is up to the Developer. The PUD plan will still maintain the area as open space, and any change to this designation will require an amendment to the plan. ALTERNATIVES: 1. Adopt Resolution 97-XX approving the Schematic PUD subject to the conditions listed therein, or with conditions specified by the Council. 2. Continue the review for specific information or reasons per City Council discussion. 3. Find the PUD inconsistent with the purpose and intent of I: \97files \97puds \eaglepud\eag Ieee. doe Page 2 RECOMMENDA TION: ACTION REQUIRED: REPORT ATTACHMENTS: the Zoning and Subdivision Ordinance and/or Comprehensive Plan and deny the project. Approve Alternative #1. The Schematic PUD is consistent with the Comprehensive Plan in all respects except density, the Zoning Ordinance, and the Subdivision Ordinance and should therefore be approved. A motion to adopt Resolution 97 -XX approving the Schematic PUD plan, subject to the conditions contained therein. The resolution requires approval by a 2/3 vote of the Council. 1. Resolution 97-XX 2. Planning Report dated M?9 12, 1997 3. Minutes of May 12, 1997, Planning Commission Meeting /l 1/.~ \ ! ,~ ~\vv I Reviewed BY7)BO~ es, City Manager / I: \97files \97 p uds\eag lepud\eag leee.doe Page 3 RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE SCHEMATIC PUD FOR EAGLE CREEK ASSISTED LIVING FACILITY MOTION BY: SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on May 12, 1997, to consider the application from Eagle Creek Villas LLC, for Schematic PUD approval for Eagle Creek Villas Assisted Living Facility; and the Planning Commission afforded persons interested in this issue an opportunity to present their views and objections related to the Schematic PUD of Eagle Creek Villas Assisted Living Facility; and WHEREAS: notice of the public hearing on said Schematic P.UD was duly published In accordance with applicable Prior Lake Ordinances; and WHEREAS: the City Council finds the Schematic PUD is consistent with certain elements of the Comprehensive Plan and inconsistent with others; and WHEREAS: the City Council finds the Schematic PUD of Eagle Creek Villas Assisted Living Facility is in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS: the City Council finds the proposed Schematic PUD of Eagle Creek Villas Assisted Living Facility is compatible with the stated purposes and intent of the PUD section of the Zoning Ordinance; and WHEREAS: the City Council finds the proposed Schematic PUD of Eagle Creek Villas Assisted Living Facility adequately provides for internal organization, uses, circulation, public facilities, recreation areas and open space. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that it hereby approves the Schematic PUD for Eagle Creek Villas Assisted Living Facility as shown on the plans identified as Exhibit A and dated "Received, April 11, 1997" subject to the following conditions: 1. Further action to approve this PUD is conditioned upon the revision of the Comprehensive Plan to permit the requested density on the site. 2. The developer and school district are to install, at their expense, any trails not addressed in the Parks and Trail component of the Comprehensive Plan. l:\97tiles\97puds\eaglepud\rs97xxcc.doc Page I 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MOTION BY: SECOND BY: Passed and adopted this 2nd day of June, 1997. YES NO Andren Andren Greenfield Greenfield Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:\97 files\97puds\eaglepud\rs97xxcc.doc Page 2 PLANNING REPORT SITE: PRESENTER: PUBLIC HEARING: DATE: 4A CONSIDER SCHEMATIC PLANNED UNIT DEVELOPMENT PLAl~ TO ALLOW AN ASSISTED LIVING PROJECT IN THE PRIORVIEW PUD FIVE HAWKS AVENUE AND PRIORWOOD STREET JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A -- MAY 12, 1997 AGENDA ITElYI: SUBJECT: INTRODUCTION: Eagle Creek Villas LLC has applied for an amendment to the Priorview PUD to add approximately one acre of land (Lots 2,3 and 4, Holly Court) to the original PUD site, to allow the construction of a 61 unit assisted living building and a 28 unit market rate senior rental building on the vacant portion of the site. The original PUD was approved in 1983 and the development to date has occurred prior to 1991. The present applicant has no connection with the developer of the original PUD. BACKGROUND: The Priorview PUD was preceded by Council action in 1981 which rezoned the subject property to R-3, High Density residential. This would have permitted 210 units on the 15.05 acres of buildable land on the site. In December of 1982, the Council approved a Schematic PUD plan which provided for 106 units, a street connection from Five Hawks Avenue to Cates Street and preservation of site amenities. In September of 1983, the Council approved the first phase of the development consisting of 48 townhomes. Priorview Second Addition consisting of 20 units, was approved in 1991. In 1987, the developer asked the City to consider expansion of the PUD to include the so- called Holly Court property to the north and increase the number of units to 148. The Planning Commission recommended denial of the request and the application was with - drawn. There has been no construction activity on this site for several years. In September, 1996, the Council approved Resolution 96-90, approving an amendment to the Schematic Plan for the Priorview PUD, to allow a 61 unit assisted living facility. This amendment was 1:\97files\97puds\eaglepud\eaglepc.doc Page 1 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL;AL OPPORTl;;'ilTY E\.1PLOYER subject to the eight conditions listed in the attached resolution. The developer never submitted the necessary documents for preliminary plan approval of this PUD. DISCUSSION: This application is very similar to the earlier Schematic PUD plan. The major difference is the addition of an acre of land, and the addition of a future 28 unit senior rental building. The earlier application included some issues which must also be addressed at this time. These issues are as follows: Densitv: The original PUD was approved at a gross density of 6.07 units per acre and a net density of 7.04 units per acre. The first 2 phases consisting of 68 units were built on approximately 5 acres of land with a net density of 13.6 units per acre which was consistent with the previous R-3 zoning. The remaining 8.5 acres were to contain 38 units at 4.47 units per acre. It seems clear that the intent was to concentrate the units on the relatively low amenity part of the site in order to preserve as much of the wooded and wetland area as possible. The new proposal would have a total of 89 units on 9.5 acres for a density of 9.37 units per acre which is greater than the original overall density of the original PUD, but consistent with the previous R-3 zoning. Comprehensive Plan/Zoning: The Year 2000 Comprehensive Plan designated the subject property for Medium Density Residential use, which suggested densities of 4 to 8 units per acre. The Year 20 I 0 Plan recently adopted shows the property as Low Density Residential which has a maximum density if 3.5 units per acre. The comparable zoning would be R-I, Single Family Residential. However, the site is still subject to the PUD zoning. Conceivably, the 38 units allowed on the northerly portion of the site could be built under R-I zoning but not as apartment buildings as approved. Changing to townhouses on this property would also entail an amendment to the PUD. Because the proposed development would result in densities greater than those contemplated by the current plan, it seems that a Comprehensive Plan amendment may be necessary if the applicant is to proceed. If such an amendment were to be pursued, it would seem likely that the amendment could be limited in such a way as to limit development of the' . property to something similar to the proposed project to insure that the development intensity of the site is limited. Streets/Trails: The original PUD called for the extension of Five Hawks Avenue northward to Cates Street to provide a convenient north-south for residents of the Five Hawks neighborhood. When the Council approved the earlier amendment in 1996, they required an 8' wide bituminous pedestrianlbike trail connection between Five Hawks Avenue and Cates Street. The Council also reiterated the City would retain the current easements. The current plan does not include any new public streets, but does provides this trail. I: \97 fi I es\9 7 puds\eaglepud\eaglepc. doc Page 2 Parks/Open Space: The proposal as presented does preserve a significant portion of the site in its natural state. The School District has also indicated an interest in the wetland and wooded portion of _the site adjacent to Five Hawks School for use as a nature education area. They envision trails and instructional areas within this portion of the site. When this proposal was discussed in 1996, the Council determined the developer and School District could install, at their own expense, any trails included in this nature area. These trails were not a required component of this PUD plan, or of the City Comprehensive Plan. One problem which potentially exists with regard to school use of the land is related to density. Staff has no objection to the use of the property by the School District, as long as the land is still tied to the development. The property may even be conveyed to the School District, with the understanding that it is not buildable. Utilities: Utilities are reasonably available and adequate to serve the subject property, although there is a need for a water connection through the site to provide for a loop to the north. The proposed plans provide this connection. Parking/Traffic: The site plan attached to the application shows 65 parking stalls on the site, with space available for an additional 37 spaces. This equals 1.15 paces per unit; the Zoning Ordinance presently requires one space per unit for elderly housing. Residents of the Facilitv: Resolution 96-90 required the developer to identify the residents of the assisted living facility since there is no definition for this use in the Zoning Ordinance. The narrative submitted by the applicant identifies the users of this facility as senior citizens. At this time, the Planning Commission should make a recommendation on whether or not the proposed use of this property for a 6l-unit assisted living facility and a 28 unit senior rental building is appropriate. The specific design features of the proposal, such as landscaping, wetland mitigation and so forth, will be addressed in the future phases of the PUD process. If the Planning Commission believes this is an appropriate request for the proposed location, the following should be kept in mind: . A Comprehensive Plan amendment will likely be required to deal with the density issue. . The proposal will enable the City to make substantial progress toward the attainment of Livable Communities goals related to lifestyle housing. . The proposed use is compatible with the development in the vicinity. I :\97files\97 pudsleaglepud\eaglepc.doc Page 3 AL TERNA TIVES: 1. Recommend approval of the Schematic Plan, subject to a Comprehensive Plan amendment related to density. 2. Recommend denial of the request. 3. Other specific action as directed by the Planning Commission RECOMMENDATION: The Planning staff recommends Alternative 1. ACTION REQUIRED: Motion and second to recommend approvals of the Schematic Plan, subject to a Comprehensive Plan amendment related to density 1:\97 files\9 7 puds\eaglepud\eaglepc. doc Page 4 .' .,. 1- I - '.' I , I '\ ~ I-~ ' I ~ 1- ~HV!~\.Uj ,11.'rj~J,~:~ -I ;\ l__ .Ll,..x , ,; . I -! u I .. I";" wL i - / ,.. L i .1- i: l\~ea1'f LCU\TI~N \ } I~ :'.11..... I_" _ --'-=--_(lFARY .r I./IkF CITY OF PRIOR BASE MAP LAKE JA..........Jn' 1'" ~_-r 1.Clll rieke carroll muller associates, inc. engineers arcnitects land sUNeyors equal opportunity employer April 1 0, 1997 City of Prior Lake Attn: Jane Kansier 16200 Eagle Creek Avenue Prior Lake, MN 55372 RE: Submittal of Schematic Plan for Eagle Creek Estates Priorview PUD RCM File No. 30443 Dear Jane: Enclosed is the application for submittal of a Schematic Plan for Eagle Creek Estates in the Priorview PUD for the Assisted Living Facility proposed to be developed by Eagle Creek Villas, LLC. The Schematic Plan shows a 61-unit Assisted Living Facility and a 28-unit Market Rate Senior Rental Building. The owners of the land are John Mesenbrink and Larry Gensmer; the name of their company is Eagle Creek Villas, LLC. The 61-unit assisted living facility would be a three-story wood framed building that would contain dining facilities, community spaces, kitchen, offices, and spaces for support services. A covered portico at the main entry becomes the focal point of the building and acts as a sheltered drop-off during inclement weather. The main entry would face to the south and the building would follow the natural grade of the site to provide a walkout design on the north side. As we look to the future, providing care to seniors will require greater and greater investment in developing a continuum of care beyond the traditional care center model. An assisted living environment allows residents the freedom and privacy of their own apartment on a month to month rental basis and the opportunity to purchase additional services as needed. The environment offers choices for those individuals who need varying levels of support and services. Residents have the freedom to pursue an active social life, entertain family and friends and continue to make choices in a safe, comfortable, and secure environment. The 28-unit Senior Rental Building would be located to the southwest of the 61-unit building. The 28-unit building is located adjacent to the wooded area and is situated to try to preserve as many of the trees as possible. Both buildings would be served by the parking lot and drive aisles that would occupy the southeast portion of the site. Access would be provided from Five Hawks Avenue and Priorwood Street which intersect along the south edge of the site. 217 north third street DOSt office box 776 gaylord, minnesota 55334-0776 (507) 237-2924 metro 338-2800 1 (800) 838-8666 fax (507) 237-5516 City of Prior Lake Page 2 April 10, 1997 The developers intend to construct the Assisted Living Facility during the summer and fall of 1997. -The phasing plan identifies that the northwest wing of the Assisted Living Facility would be constructed in the future. The 28-unit Senior Rental Building is also shown as a future building. Several wetlands are located on this site. The wetlands help control runoff and treat storm water runoff before discharging into Prior Lake, which is located 1000 feet to the northwest. The small wetland located in the southeast comer of the site is proposed to be filled. The developer intends to mitigate the loss of the wetland on this site by expanding the other wetlands. An 8' bituminous trail is shown to be constructed along the roadway easement of Five Hawks Avenue. The trail will need to cross the creeks in two locations and culverts wiil be needed at each crossing. The preliminary utility plan shows the looping of an 8" watermain from Five Hawks Avenue/Priorwood Street to Cates Avenue. The developer is requesting that the City fund a portion of the construction of the watermain that would be constructed off site. The developers intend to retain ownership of the development. The developer will install all necessary public utilities and they will construct the parking lot. The parking lot would be designed to provide one parking space for each unit approved by the City. The anticipated population that will occupy the units on this site will primarily be senior citizens. The units will be a mixture of studio, one bedroom, and two bedroom facilities. Each unit will contain its own bathroom and kitchen appliances. There will be a laundry room on each floor. We hope that this submittal allows the City to process the Schematic Plan through the Planning Commission and City Council. If you need additional information, please call. Sincerely, RIEKE CARROLL MULLER ASSOCIATES, INC. ~'W~ John Wingard JW/du c: John Mesenbrink Encls. LEGAL DESCRIPTION OF PROPERTY That part of the West Half of the Southwest Quarter 0N Y2 of SW 1/4) of Section 2, Township 114, Range 22, Scott County, Minnesota, lying North of a line commencing at the southwest corner of the West Half of the Southwest Quarter; thence North along the west line thereof 2080.5 feet to the point of beginning of the line to be described; thence South 88 degrees 51 minutes 30 seconds East to the east line of the West Half of the Southwest Quarter and there terminating. ALSO: Lots 3, 4, and 5, Block 2, HOLLY COURT, according to the recorded plat thereof, EXCEPTING THEREFROM the plats of SPRING BROOK PARK, SPRING BROOK PARK 2ND ADDITION, PRIORV1EW FIRST ADDITION and PRIORV1EW SECOND ADDITION. ALSO EXCEPTING THEREFROM A 66.00 FOOT ROADWAY & UTILITY EASEMENT PER DOC. NO. 197652. 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VlZ <(- /1:1.:'1 ~ il i . \ (,)C"J \>l. ~ ~l !l \>l <1l .L ~~ ,,/' I / z <( -.J Cl.. >- I- -.J I- ::J~ <( I- (f) I- a... l.o.J u Z o u C"~ >- ~ < Z - :::s - ~ ~ ~ p.. ~ . ~.. i ~ " 1$:1.... ;&02"'8 (6-11-" )~tt>OE\.E""OC\1S:I-J ""I'JYJ\~'O^""d'IISe._,r8 .f RESOLUTION 96-90 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE SCHEMATIC PUD FOR PIUORVIEW PUD TO ALLOW ASSISTED LIVING PROJECT MOTION BY: Andren SECOND BY: _Mader WHEREAS: the Prior Lake Planning Commission conducted a public hearing on July 22, 1996, and August 12, 1996 to consider the application from Eagle Creek Villas LLC, for Schematic pu~ approval for an amendment to the Priorview PuO to allow an Assisted Living Facility; and the Planning Commission afforded persons interested in this issue an opportunity to present their views and objections related to the Schematic pu~ for Priorview pu~ Assisted LivingFacility; and WHEREAS: notice of the public hearing on said Schematic PUD was duly published III accordance with applicable Prior Lake Ordinances; and WHEREAS: the City Council finds the Schematic pu~ is consistent with certain elements of the Comprehensive Plan and inconsistent with others; and WHEREAS: the City Council finds the Schematic PUO for an amendment to the Priorview pu~ to allow the Eagle Creek Villas Assisted Living Facility is in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS: the City Council finds the proposed Schematic pu~ for an amendment to the Priorview pu~ to allow the Eagle Creek Villas Assisted Living Facility is compatible with the stated purposes and intent of the PUD section of the Zoning Ordinance; and WHEREAS: the City Council finds the proposed Schematic pu~ for an amendment to the Priorview PUD to allow the Eagle Creek Villas Assisted Living Facility adequately provides for internal organization, uses, circulation, public facilities, recreation areas and open space. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that it hereby approves the Schematic pu~ for an amendment to the Priorview PUD to allow the Eagle Creek Villas Assisted Living Facility subject to the following conditions: 1. Amend the Schematic PUD plan to include a 8' wide bituminous public, non-motorized pedestrian/bike path trail connection between Five Hawks A venue and Cates Street at the developer's expense. The City will retain all current easements. 2. Parking at the rate of 1 space per unit (61 total spaces) must be provided and constructed with R9690DOC PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / f-ax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER the building. 3. The extension and looping of the waterline issue needs to be resolved. The exact extension and looping of the watermain must be determined as a part of the Final PUD Plan approval. The criteria used to determine this location is reducing the environmental impact and still provide adequate water pressure.- 4. The developer must identify the residents of the assisted living facility at the Final PUD Plan approval stage. 5. The developer must provide a revised Schematic PUD plan incorporating the above items. This plan must include the entire Priorview PUD area 6. Further action to approve this PUD is conditioned upon the following: a) The revision of the Comprehensive Plan to permit the requested density of the site. b) The revision of the Zoning Code to provide a definition of an assisted living facility. c) The dedication of the trails described in Condition # 1. 7. The developer and school district are to install, at their expense, any trails currently proposed which are not addressed in Condition # 1 above, or in the Parks and Trail component of the Comprehensive Plan. 8. At the option of the City, lights may be installed along the Five Hawks Trail at the developer's expense. Passed and adopted this 3rd day of September, 1996. YES NO Andren X Greenfield X Kedrowski X ~ader X Schenck X (Seal} R%90,OQC PAGE 2 PLANNING COMMISSION MINUTES lYlA Y 12, 1997 1. Call to Order: The May 12, 1 97, Planning Commission meeting was called to order by Chairman Criego at 6:35 . . Those present were Commissioners Criego, Stamson, V onhof and Wuellner, Directo fPlanning Don Rye, Planning C rdinator Jane Kansier, Assistant City Engineer Sue tv ermott and Recording Seer Connie Carlson Stamson Kuykendall Criego Vonhof Wuellner Present Absent Present Present Present 2. Roll Call: 3. MOTION BY \VUE 28,1997, MINUT Vote taken siD: tIed ayes by Wuellner, Vonhofand St son. MINUTES APPROVED. Commis . ner Criego abstained from voting. 4. Public Hearings: " A. Case #97-033 Consider Schematic Planned Unit Development Plan to allow an Assisted Living Project in the Priorview PUD. The public hearing was opened and a sign-up sheet circulated to the public in attendance. Planning Coordinator Jane Kansier presented the Staff Report dated May 12, 1997. Eagle Creek Villas LLC applied for an amendment to the Priorview PUD to add approximately one acre of land to the original PUD site, to allow the construction of a 61 unit assisted living building and a 28 unit market rate senior rental building on the vacant portion of the site. The original PUD was approved in 1983 and the development to date has occurred prior to 1991. The present applicant has no connection with the developer of the original PUD. The Priorview PUD was preceded by Council action in 1981 which rezoned the subject property to R-3, High Density residential. This would have permitted 210 units on the 1:\97fi1es\97plcomm\pcmin\mn051297.doc 15.05 acres of buildable land on the site. In December of 1982, the Council approved a Schematic PUD plan which provided for l06 units, a street connection from Five Hawks Avenue to Cates Street and preservation of site amenities. In September of 1983, the Council approved the first phase of the development consisting of 48 townhomes. Priorview Second Addition consisting of 20 units, was approved in 1991. In 1987, the developer asked the City to consider expansion of the PUD to include the so- called Holly Court property to the north and increase the number of units to 148. The Planning Commission recommended denial of the request and the application was with - drawn. There has been no construction activity on this site for several years. In September, 1996, the Council approved Resolution 96-90, approving an amendment to the Schematic Plan for the Priorview PUD, to allow a 61 unit assisted living facility. This amendment was subject to the eight conditions. The developer never submitted the necessary documents for preliminary plan approval of this PUD. Staffrecommended approval of the request based on the following considerations: . A Comprehensive Plan amendment will likely be required to deal with the density Issue. . The proposal will enable the City to make substantial progress toward the attainment of Livable Communities goals related to lifestyle housing. . The proposed use is compatible with the development in the vicinity. Comments from the public: Bryce Huemoeller, the attorney representing the developer and applicant commented the campus concept for assisted living facilities is an important element. An independent living building on the grounds would be necessary. One spouse could be living in the assisted living facility while the other would live in the neighboring independent building. The density would be consistent with the neighborhood and satisfy the objectives of the PUD. The key element is the question of the contribution of an interest in the land to the school district. That would be made, subject to a restriction which would preclude development of the property so the area would be preserved for density in this project. This issue would be resolved and the City would be given a copy of the instrument for their records. Pamela Nelson, 16517 Dutch Avenue SE, lives behind the wooded area and asked if the trees and wetland would be removed with the development. Commissioner Criego explained the proposed development and the surrounding natural area. The public hearing was closed at 6:55 p.m. 1:\97files\97plcomm\pcmin\mn051297.doc 2 Comments from the Commissioners: Stamson: . Questioned the parking lot and a bufferyard. Kansier explained it was a concept plan and the landscaping will be discussed in a future phase. . The City is in need of a facility like this. . In favor. Wuellner: . Questioned what regulations would be in place to assure this facility would remain an assisted living facility. Rye responded the use is specified as an assisted living project. The PUD would have to be amended. . Concern for the school district's involvement. Huemoeller said the owners have considered selling the property to the school district. The discussion and intention is a conveyance to the school district in the nature of a contribution with restrictions that would deal the density issue. The school is in the process of designing a nature center. Also, with the density restrictions and limitations there will not be any more room for additional living facilities. The only use will be as a natural amenity. . Rye addressed the building sites and locations. The City's concern was for preservation of the area. . Would like to see the area remain natural. The restriction will be in the PUD. . In favor of the facility. It is necessary for the community and a valuable resource. . The street extension was eliminated in favor of a nature trail. V onhof: . In favor of assisted living concept. . This is a completely different proposal. . Questioned the three story size. Kansier responded the City can require the building plan and expects them to be similar in appearance, size and bulk. . This is a city-wide need. . Agreed with Commissioner Wuellner in keeping the facility an assisted living facility. Criego: . The ownerlbuilder, John Mesenbrink explained the outside design and exterior materials as well as the site and the preservation areas. . Debra Rose, 7725 Jennifer Lane, Prior Lake, explained the services of the home health facility. The bulk of the services would be on a fee for service basis trom a home health perspective. Residents would receive 2 meals per day, weekly light housekeeping and scheduled transportation. There will be 24 hour emergency supervision in the building, emergency cords in each room, an attendant program would be available in the event they ran into trouble in the building, an Ri"I would be in the building 40 hours a week, a home health agency would be in the building, space would be leased for hairdressing, also, several assistant services would be 1:\97fiIes\97plcomm\pcmin\mnOS1297.doc 3 available to residents. The facility would cater to seniors and handi-capped individuals. Meals would depend on the clientele. . The time frame for the facility was addressed by Mr. Huemoeller. It could be as early as this year, depending on the planning process. The other buildings have not been established and would probably go into next year. . Excellent program. MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND APPROV AL OF THE SCHEMATIC PLAN, SUBJECT TO A COMPREHENSIVE PLAN AMENDMENT RELATED TO DENSITY. No discussion. Vote taken signified ayes by all. MOTION APPROVED. This matter will probably be scheduled before City Council on June 2, 1997. 5. Old Business: A. Cas #97-028 Resolution of Denial for variance re Partn s for property on Red Oaks Road. Planning Coordinator On April 28, 1997, the PI ing Commission re wed variance requests from Pinnacle Partners proposing to const t a new single ily residence with attached garage and deck. The Planning Commissio concurri with staff, concluded the variance requests for lot area and width are substan . ted th hardships pertaining to the lot the applicant has no control over. The Planning mission approved a variance to lot area and lot width by adopting Resolution 97-01 The Planning Commission denie variance to Ordinary High Water (OHW) setback, top of bluff setback, and bluff imp t zone. The anning Commission cited the size and design of the structure as har hips created by t applicant which could be changed, as well as the maximum use 0 he legal building en ope and building over the garage as alternatives to reducing/e' inating the variance req sts. The Planning Commission directed staff to prepare separate resolution of denial 'th findings as discussed. MOTION BY LNER, SECOND BY STAMSON, APPROVE RESOLUTION 97-13PC DENY (1) A 23 FOOT VARIANCE REQUES TO PERMIT A 52 FOOT SETBACK FR THE ORDINARY HIGH WATER MARK F PRIOR LAKE (904 EL.) RATHE THAN THE MINIMUM REQUIREMENT OF 7 EET, AND (2) A 26 FOOT V 1\NCE REQUEST TO PER.J.\1IT A 4 FOOT SETBACK FROM THE TOP OF BLUFF RATHER THAN THE MINIMUM REQUIREMENT OF 30 FEET, AND 1:\97files\97plcomm\pcmin\mn051297.doc 4 " III-