HomeMy WebLinkAboutRe: proposed development --_ Z�� � ��wc�
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�,EggO� 2750 Kelley Parkway P.O. Box 66
�—� Orono, MN 55356 � Crystal Bay, MN 55323-0066
November 24, 2008
Nancy Bausman& Dan Larkin
Birch Creek Properties
5140 Greenwood Circle
Excelsior, MN 55331
Re: Proposed Development at 2560 Kelley Avenue and/or 2525/35/45 Shadywood Road
Dear Ms. Bausman and Mr. Larkin:
This letter is intended to summarize the application and review process for multi-family residential
development at 2560 Kelly Avenue and/or at the Klingelhutz property at 2525-2535-2545
Shadywood Road per our recent discussions.
A. 2560 Kelly Avenue
Your proposal for a 6-unit senior housing building on the approximately 1.6 buildable acres would
require the following applications:
l. A request for Comprehensive Plan Amendment to amend the 2000-2020 Orono
Comprehensive Plan(CMP)as well as the pending 2008-2030 CMP which is currently being
drafted. This site is guided for Urban Residential Use at a density of one unit per acre. To
accommodate your proposal, the site must be re-guided to Urban Residential Medium
Density SFR/MFR.
2. A request for rezoning of the property to Residential Planned Unit Development (RPUD)
and a request for RPUD Master Development Plan approval as outlined in the RPUD
sections of the Zoning Ordinance. The property is currently zoned LR-1B Single Family
Lakeshore Residential, minimum lot size 1.0 acre. RPUD zoning provides the flexibility to
develop multi-family housing in the manner you have proposed. Note that because the
property is less than 5 acres and is located entirely within the Shoreland Overlay District,the
City Council must find existence of one of the following conditions in order for the rezoning
to occur:
(a) Unusual physical features of the property itself or of the surrounding neighborhood
such that development as a RPUD will conserve a physical or topographic feature of
importance to the neighborhood or community.
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
�'
� Bausman/Larkin
November 24,2008
Page 2
(b) The property is directly adjacent to or across a public street from property which has
been developed previously as a RPUD or planned residential development and will
be perceived as and will function as an extension of that previously approved
development.
(c) The property is located in an area where the proposed development provides a
transition between a commercial or industrial area and an existing residential area or
on an intermediate or principal arterial as defined in the comprehensive plan.
(d) The property contains steep slopes or a substantial number of significant trees that
could be preserved through the clustering of buildings or other design techniques not
generally allowed by the existing zoning district.
It is my opinion that the proposed development likely satisfies condition(c)and potentially
satisfies conditions (a) and (d).
CMP Amendment Timin Issues.The Comprehensive Plan Amendment process requires review by
the Planning Commission and approval by the City Council, as well as Metropolitan Council
acceptance. The timing of your upcoming request for Comp Plan Amendment is problematic,
because Orono is in the midst of updating its Comprehensive Plan. Plan updates were required to be
submitted to adjacent municipalities for a 6-month review period by June 30, 2008 and formally
submitted to Met Council by December 31,2008. Orono's Plan update is still being drafted and the
City has recently received an extension to July 31, 2009 for submittal of the Plan to Met Council.
However,Met Council has adopted a policy of not accepting for review after December 31,2008 any
comp plan amendments that are not directly related to the statutory requirement for Decennial
Update, as follows:
"After December 31,2008,the Metropolitan Council will accept for review only 2030 plan updates
that are submitted pursuant to Minnesota Statutes section 473.864,and amendments to those plan
updates.This means that,as of January 1,2009,the only amendments the Metropolitan Council
will process and review are amendments to 2030(updated)comprehensive plans."
The timing problem here is that the City Council can take action to approve an amendment of the
current(2020)comp plan only after review by Planning Commission, and the application deadline
for review by the Planning Commission in 2008 was in mid-October. The Planning Commission
does not meet in December, hence any application you make now will not be reviewed by the
Planning Commission until mid-January,at the same time that the City is intending to hold hearings
on its 2030 update. Met Council action to approve the 2030 Plan Update is not likely to occur until
late suinmer or early fall of 2009.
Met Council staff has indicated to me that it would be acceptable for the City to add land use
amendments such as yours to the Plan Update, rather than waiting until next fall to amend the
approved 2030 Plan. This process would save you a few months next fall by allowing you to do the
CMP Amendment now and work through the RPUD rezoning and Development Plan approval
during the spring of 2009.
: Bausman/Larkin
November 24,2008
Page 3
The bottom line is that in order to expedite your proposal, you should make a CMP Amendment
application by noon on December 17 in order to have your application reviewed by the Planning
Commission at a public hearing on January 20, with Council preliminary action potentially on
January 26 or February 9 to have the amendment added to the 2030 CMP Update. The application
packet is attached, and a list of items to be submitted appears below.
RPUD Process. T'he RPUD review process involves a Concept Plan Stage, in which you provide
preliminary plans and detailed information for review by the staff, Planning Commission and �
Council. Once Concept Plan Approval is granted(documented by a resolution of the City Council),
you would then submit final plans and address all requirements established in the Concept Plan
approval resolutions in order to obtain RPUD Master Development Plan approval. The RPUD
application should not be submitted until the City Council has granted preliminary approval
of the CMP Amendment.
Note: While we had initially discussed the idea of a sketch plan application to determine whether
there is Planning Commission and Council support for your development proposal,the extra time
involved would force delay of your CMP amendrnent request and prohibit its inclusion with the
City's 2030 Plan Update, resulting in delays next fall. I have informally reviewed the general
concept of your proposal with the Planning Cornmission and some Council members and the
response has been generally favorable. At this point I would recommend skipping the sketch plan
step due to time constraints.
_ B. Klingelhutz Si�e �
You have recently i�dicated an interest in doing the same type of senior housing development on the
property at 2525-2535-2545 Shadywood Road(CR 19). The easterly two lots within that property
abutting Shadywood Road are guided for Commercial Use and zoned B-4 Office and Professional
Business District. The back lot which abuts Kelly Avenue is guided for Urban Residential Use at a
density of one unit per acre and zoned LR-1B Single Family Lakeshore Residential, minimum lot
size 1.0 acre. The front lots and back lots would have to undergo virtually the same process as
spelled out for the Kelly Avenue site - comp plan amendment and RPUD rezoning. The RPUD
standards do support such a rezoning of commercial to residential, as noted here:
Sec. 78-626. Development standards.
Within the RPUD district all development shall be in compliance with the following:
(1) ......
(2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for
which the site is designated in the comprehensive plan, except that the city may permit
rezoning to RPUD on a site designated for commercial use if the city council finds that
such use is in the best interests of the ciTy and is consistent with the requirements of this
division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of
the request to the metropolitan council for review.
Bausman/Larkin
November 24,2008
Page 4
Required Submittals for Comprehensive Plan Amendment
Each of the two sites in question should be the subj ect of a separate application.The following items
need to be submitted by noon on December 17 for each site in order for review and public hearing
at the Planning Commission on January 20:
1. Completed `General Land Use Application' form, including signatures of applicant(s)and
property owner(s) and Data Privacy Advisory, plus Items 1 thru 9 under "Reauired
Submittals" on page 9 of the application packet. (Packet enclosed)
2. $600.00 Application Fee.
3. Property survey should include as much detailed information as possible(as described in item
2b on page 1 of application packet) and a proposed site plan.
4. Conceptual building plans (plan and elevation views if possible).
5. Detailed written description of proposed use and basis for request.
Please feel free to contact me at 952-249-4622 if you have questions regarding the application
process.
Sincerely,
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Michael P.'Gaffron
Asst. City Admin./Long Term Strategy
cc: Melanie Curtis, Planning Coordinator
Evelyn Turner, City Planner
Chris Mattson, Planning Assistant
encl.