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Item 4.1 Approval of PUD Northstar Riverwood CampusOt�ezoF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 22 February 2021 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty 4.1— Northstar Riverwood STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Campus. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Held by Planning Commission on 16 February 2021 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. zoned PUD, Planned Unit Development District and undeveloped areas of the site adjacent to the Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a PUD Development Stage Plan amendment for Northstar Riverwood Campus. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission on 16 February 2021 BACKG RO U N D/J USTI FI CATI O N : Northstar Regional (Northstar) is a mental health provider that operates residential and out-patient treatment services at their Riverwood Campus located at 10990 95th Street (CSAH 39). The property is zoned PUD, Planned Unit Development District and undeveloped areas of the site adjacent to the Mississippi River are also within the Mississippi Wild Scenic Recreational River District established in accordance with Minnesota Rules. The City Council on 13 April 2020 approved a PUD District amendment and PUD Development Stage Plan allowing use of the property as a 245 G residential and outpatient treatment facility licensed by the Minnesota Department of Human Services, as well as a room and board facility licensed by the Minnesota Department of Health. Use of the property as a 245 G residential and outpatient treatment facility is limited under the conditions of the PUD Development Stage Plan to 160 persons, including not more than 64 residential clients. The information presented by Northstar with the PUD Development Stage Plan application stated that the treatment program would utilize three existing buildings on the property; the Courtyard building, Bluff House building, and Timothy's Restaurant building. Northstar is proposing to utilize a fourth existing building (to be known as East Side House) on the property for patient intake. The Department of Building Safety issued a building permit for remodeling of the building on 16 December 2020. However, use of the East Side House building as part of the residential treatment program requires approval of a PUD Development Stage Plan amendment. The property owner, Little Tree Properties, LLC, and Northstar have submitted application for a PUD Development Stage Plan amendment to allow use of the East Side House for the residential treatment program. A public hearing was held at the Planning Commission meeting on 16 February 2021 to consider the request. Dr. Hal Baumchen, of Little Tree Properties LLC and Northstar, and Jason Vandserscoff, CEO of Northstar attended the Planning Commission meeting via Zoom. Two people spoke at the public hearing regarding the request and draft minutes of the Planning Commission are attached summarizing their comments. Additional written comments submitted prior to the public hearing included in the record are also attached. The Planning Commission expressed support for Northstar's overall use of the property and discussed the potential impact of the use of the East Side House building as part of the treatment program in terms of compatibility with adjacent properties. Dr. Baumchen and Mr. Vanderscoff detailed of operational procedures and suggested additional improvements, such as frosted second story windows and privacy fencing along the east property line and enclosing the outdoor patio to address the concerns raised by the public and Planning Commission. The public hearing was closed and the Planning Commission voted 7-0 to recommend City Council approval of the application. The Planning Report reviewing the request has been updated to address the additional information presented at the public hearing. Findings of fact consistent with the recommendation of the Planning Commission at attached for City Council consideration. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 17 February 2021 ■ Draft minutes of the Planning Commission February 16, 2021 ■ Public comments received ■ Findings of Fact and Decision rvolaiE�LG 1V1%J I IV19 PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a PUD Development Stage Plan for Little Tree Properties LLC and Northstar Regional Riverwood Campus subject to the conditions as stated on the findings of fact and decision as presented. o11ni+pT IAIononAAT1llAl L3uVVL 1 11\1 Vl�uln� �v�• FUNDING: BUDGETED: N/A N/A TPC The Planning Company 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com PLANNING REPORT -Addendum TO: FROM: REPORT DATE: ACTION DATE: RE: TPC FILE: BACKGROUND Otsego Mayor and City Council D. Daniel Licht, AICP 17 February 2021 27 March 2021 Otsego — Northstar; PUD Development Stage Plan amendment 101.02 Northstar Regional (Northstar) is a mental health provider that operates residential and out-patient treatment services at their Riverwood Campus located at 10990 95th Street (CSAH 39). The property is zoned PUD, Planned Unit Development District and undeveloped areas of the site adjacent to the Mississippi River are also within the Mississippi Wild Scenic Recreational River District established in accordance with Minnesota Rules. The City Council on 13 April 2020 approved a PUD District amendment and PUD Development Stage Plan allowing use of the property as a 245 G residential and outpatient treatment facility licensed by the Minnesota Department of Human Services, as well as a room and board facility licensed by the Minnesota Department of Health. Use of the property as a 245 G residential and outpatient treatment facility is limited under the conditions of the PUD Development Stage Plan to 160 persons, including not more than 64 residential clients. The information presented by Northstar with the PUD Development Stage Plan application stated that the treatment program would utilize three existing buildings on the property; the Courtyard building, Bluff House building, and Timothy's Restaurant building. Northstar is proposing to utilize a fourth existing building (to be known as East Side House) on the property for patient intake. The Department of Building Safety issued a building permit for remodeling of the building on 16 December 2020. However, use of the East Side House building as part of the residential treatment program requires approval of a PUD Development Stage Plan amendment. Northstar has submitted application for a PUD Development Stage Plan amendment to allow use of the East Side House for the residential treatment program. A public hearing was held at the Planning Commission meeting on 16 February 2021 to consider the request. Exhibits: ■ Site location map ■ Applicant narrative ■ Site Plan (2 pages) ■ Site photographs taken 10 February 2021(2 pages) ■ Building plans dated 11/20/2020 (6 sheets) ANALYSIS Proposed Use. The proposed East Side House is a two-story 4,240 square foot building that has been used as a maintenance building prior to and at the time the PUD Development Stage Plan was approved for Northstar. Northstar proposes now to use East Side House in a client intake process as part of the overall residential treatment program. All clients entering the residential treatment program would begin at East Side House for admission and evaluation, including COVID-19 testing. The submitted plans provide for eight sleeping rooms with up to 14 beds within East Side House: ■ Clients will either be assigned to a bed at one of the other two buildings or may stay between three to seven days at East Side House before moving to one of the other buildings on the Riverwood Campus. ■ The plans indicate that there is to be an outdoor patio along the north wall of the building. The applicant stated at the public hearing that the patio would be enclosed by an eight foot tall privacy fence with a lockable gate to prevent outside ingress/egress. ■ Windows have been/are proposed to be added to the east wall on the first and second floors of the building to meet egress requirements. The applicant proposed at the public hearing that the windows for the second story sleeping rooms be frosted so as to prevent views of the adjacent property. ■ The applicant stated at the public hearing that they would construct an eight foot tall privacy fence along the east property line. The fence would prevent crossing the property line as well as obstruct views of the adjacent property from the first floor of the East Side House. ■ The applicant describes that all other exterior doors would be established as fire exits and that video surveillance is to be provided at the exterior of the building, interior common areas, and stairwells, but not within treatment rooms or sleeping rooms. ■ There is also to be a reception area, office spaces, tech room, laundry, bathrooms, and common spaces. Northstar states that at least two staff people, who are in addition to those that are assigned to the other buildings on the Riverwood Campus, would be located within the East Side House at all times. The only entry/exit to the building would be via a secured vestibule with an exterior door on the west wall of the building. 2 Capacity. The PUD Development Stage Plan limits capacity of the residential treatment program at the Riverwood Campus to 160 persons, including not more than 64 residential clients. Northstar is not proposing to increase the overall number of persons within the treatment program with the remodeling of the East Side House building. The applicant states that they are planning up to 62 residential clients plus up to 14 residential clients in the new East Side House, so the number or residential patients is proposed to increase by 12 persons. There would also be up to 83 clients in the Bluff House in an intensive outpatient with lodging program who can leave the property during the day. The total number of persons within the treatment program would be 159, which is within the limit established by the initial PUD Development Stage Plan for Northstar Riverwood Campus Screening. The East Side House is setback approximately eight feet from the east property line and approximately 85 feet from the south property line closest to the building. The eight foot setback from the east property line is less than the 10 feet that would be required under the B-3, General Commercial District upon which the PUD District is based. The proposed remodeling of the existing building does not expand the footprint of the building or further encroach into the setback from the east property line. The addition of windows to the east wall of the building does create views of the adjacent property. There are mature trees within the yard between the building and east and south property lines. These deciduous trees provide a canopy for shade, but little in the way of screening for the East Side House from the adjacent property. The applicant is proposing that the windows within the second story sleeping rooms be frosted to prevent views of the adjacent property. An eight foot tall privacy fence along the east property line would preview ground level views from the first floor of East Side House of the adjacent property. The proposed outdoor patio is to be enclosed by an eight foot tall privacy fence along the north wall of the building to the west building line. The fence will have a lockable gate to prevent ingress/egress of the East Side Building except through the secured vestibule or if escorted by Northstar staff. Access. The subject site is accessed from one driveway to CSAH 39, which is poorly located as it is off- set west of the intersection of CSAH 39 and CSAH 19. The PUD Development Stage Plan for the Riverwood Campus included a condition that any expansion of the buildings or treatment program may trigger the ability for the City to require relocation of the driveway to align with the Labeaux Avenue intersection. As the overall number capacity of the treatment program is not being expanded, City staff does not see a need to require changes to the site access at this time. A condition of approval of the PUD Development Stage Plan for the subject site will remain that any expansion of existing buildings or construction of additional principal structures be that the site access be realigned to the north leg of the CSAH 39 and CSAH 19 intersection to create a four-way condition. Off -Street Parking. The site plan approved for the original Riverwood Inn included construction of 164 off-street parking stalls. Based on the data from the Institute of Transportation Engineers used to determine parking demand for the residential treatment facility, the following number of stalls are needed: In -Patient: 76 beds x 0.5 stalls per bed = 38 stalls Out -Patient: 83 clients x 1 stall per client = 83 stalls TOTAL 121 stalls The number of existing off-street parking stalls exceed the estimated demand for the proposed treatment program use. The existing off-street parking area is in generally poor condition and is in need of redevelopment to conform to the standards set forth in Section 11-21-7 for stall design and surfacing, which was made a condition of the PUD Development Stage Plan approval for the facility. The proposed use of the East Side House includes paving the existing gravel driveway extending from the main parking area to the building for access. The design and construction of the off-street parking drive aisle and parking stalls are to be shown on a site plan to be submitted for review and approval of the City Engineer. Exterior lighting. The submitted information does not include information regarding exterior lighting to be installed at the East Side House. Installation of any new light fixtures or any change to the existing light fixtures must comply with Section 11-16-6 of the Zoning Ordinance, including a 90 -degree horizontal cut-off to minimize glare towards adjacent properties. All exterior lighting is to be subject to review and approval of the Zoning Administrator. Utilities. The subject site is currently served by on-site septic systems and private wells. The capacity of the existing septic system was evaluated by the Department of Building Safety as part of the building permit review and determined to be adequate. The septic system is subject to a condition of approval for the property owner to maintain a regular pumping schedule approved by the City Engineer and retain documents related to pumping or other system services. Criteria. Section 11-3-2.F of the Zoning Ordinance establishes that the Planning Commission is to consider the possible effects of the proposed amendment based upon (but not limited to) the following factors: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: The subject site is guided by the 2012 Comprehensive Plan for commercial uses. This land use designation is unique north of CSAH 39 and reflects the prior commercial lodging facility allowed under the provisions of a PUD District originally approved in 1991. The PUD District was amended in 2020 to allow for use of the property as a residential treatment program as a more viable long-term use. The proposed use's compatibility with present and future land uses of the area. Comment: The East Side House is setback from the closest property lines eight feet to the east and 85 feet to the south. There are existing mature trees in the yards between the East Side House and property lines, but they provide a canopy and not screening. Provisions for the second story windows to be frosted and installation of privacy fencing along the east property line and surrounding the outdoor patio will provide screening to address potential compatibility issues. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The use of the property is to comply with the requirements of the Zoning Ordinance, including applicable provisions of the approved PUD District. H 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed use of East Side House as part of the residential treatment program will not increase the overall capacity of the program. As a result, the changes to the program to include East Side House is not expected to affect traffic generation. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed use of East Site House for the residential treatment program will not affect the City's service capacities. RECOMMENDATION Use of the existing building on the Northstar Riverwood Campus as part of the residential treatment program requires approval of a PUD Development Stage Plan amendment prior to occupancy of the remodeled East Side House. City staff recommends approval of the proposed PUD Development Stage Plan amendment for the proposed East Side House subject to the conditions outlined below. POSSIBLE ACTIONS A. Motion to approve a PUD Development Stage Plan amendment subject to following conditions: 1. The conditions of the PUD Development Stage Plan approved by the City Council on 13 April 2020 remain in full force and effect unless specifically modified herein. 2. The East Side House shall be constructed and operated as described by the plans and materials on file with the City except as specifically modified herein. Use of the property as a 245 G residential and outpatient treatment facility shall be limited to 160 persons, including not more than: 76 residential clients within the East Side House and Courtyard buildings. 84 outpatient clients with overnight lodging within the Bluff House building. Northstar staff shall be present within the East House building at all times and video monitoring shall be provided for all common areas, stairwells, exterior doors or areas other than designated rooms designated on the submitted plans for sleeping or treatment. 5. Exterior access: Primary building ingress/egress to East Side House shall be via the secured vestibule through the door on the west elevation. The exterior door on the south and second door on the west elevation shall have fire exit alarm equipment installed and be used only for emergency exit. C. The exterior door on the north shall be used only for access to an outdoor patio to be shown on a revised site plan, which shall be enclosed by an 8ft. privacy fence, subject to review and approval of the Zoning Administrator. 6. The site plans shall be revised to relocate the outdoor patio to the west side of the building, subject to review and approval of City staff. 7. Off -Street Parking: a. There shall be a minimum of 121 off-street parking stalls in conformance with Section 11-21-7 of the Zoning Ordinance. b. The number of required off-street parking stalls may be reduced subject to approval of the Zoning Administrator based on floor plans showing office and meeting room areas to be calculated at a ratio of one parking stall per 200 square feet. c. Plans for repaving the existing parking area and expansion drive aisle and parking area adjacent to the East Side House shall be subject to review and approval of City staff. All exterior light fixtures for the East Side House shall comply with Section 11-16-6 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. g. Windows within the second story sleeping rooms shall be frosted so as to be opaque, subject to review and approval of the Zoning Administrator. 10. An 8 -foot privacy fence shall be installed along the east property line from the existing privacy fence north to connect to the new maintenance building subject to review and approval of the Zoning Administrator. 11. A plan for security camera coverage of the East Side House shall be submitted and is subject to review and approval of the Zoning Administrator. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney m Site Location Map Overview Legend Roads — CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy US Hwy City/Township Limits ❑ c ❑ t 0 Parcels �J•isc !Fi°' Jt' J EIJyEF .J J. 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I •� , ' ZX to '�: \� '� �\ �... ` .i.., ,.r 1;.�1\\- '�I{. ` g�.Ille��l ;,;�;t.•''.•:tr•'. -` N �� '\� �,\�4-`�\'1 ��� \,\`,'� wr�;u.i�•.; i::5.;> .,'iii.•;: `,.. .. . ...1 ��� --- t, i.\ 1 � �1 1�• 1\`>.e. •off `"�.,`J,'_•.� -` •'(.'::�. �'•'`:'''.% ',\. ' .• �— .Ii, .,1• - �>�'t':ii i,:�r� '�I1.'7 '•i t7i-i• �'�t• �,�.. .•? -x " e . .!{ �V' ti ��:;!:.1:..:' .. {�. :�''' .. � •T^,>.,1': 4.4 y�•t: •;!i f„ . •\ : .. , ..: a NorthStar Regional Eastside House Program Description Eastside House -This premier, newly renovated 4240 -square -foot, ADA - accessible admissions facility will supply 14 assessment and withdrawal management beds licensed under DHS rules 245F. Medically monitored withdrawal management services are provided by licensed clinical and Registered Nursing staff. This building will serve as a triage center for all clients and will make the entire Riverwood programming operation more comprehensive and clinically effective. Nursing and other treatment staff are onsite in the Eastside House 24 hours per day/ 7 days per week. Upon arrival to the NorthStar Regional Riverwood campus, all clients will check in at the Eastside House for admission, orientation and evaluation. As clients enter the Eastside House facility, COVID-19 screenings will be conducted, thus adding a level of health and safety for the entire Riverwood site. Clients will then be screened by nursing and clinical staff to determine medical, clinical, and alcohol and chemical management needs. After evaluation at the Eastside House, clients will be assigned to appropriate levels of care in the other Riverwood buildings. Clients may stay in the Eastside House for 3-7 days if more comprehensive medical, psychiatric, or withdrawal management services are required. In addition to eight bedrooms for up to 14 clients, the facility also has a family/group room, telemed offices, an assessment office, a tech office, nursing office, and client laundry. Eastside House is wood -framed, has painted panel siding, and sliding egress windows. Surveillance cameras will be used on the outside of the building, in stairwells, and in common areas. Cameras will not be located in the clinical treatment rooms or in the bedrooms. Programming will be conducted on the first floor. Bedrooms are located on the first and second floor. There is an ADA double -occupancy room with full bath on the first floor. A new asphalt road provides safe access for clients arriving to the Eastside House. New water lines, a fire sprinkler system and septic system were added. a« 3osuv� Spqji7L4oZ -- ----- ua43sww .1auun 1131I3o 1N3q1v311_1 ao"MIM", ts) z tj) Z LL of Of� --------- at __ C -ill �R > z W LL - g V Z 2 1) LLI 13 LL IN NO -1 R U_ to, tl 2 . 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(*present via teleconference) 1. Announcements: City Planner Licht stated that skne Commissioners are participating via teleconference in accordance with Minnesota Stto 1313.015. City Planner Licht noted that copie f correspondence received regarding Item 3.1 had been emailed to Commissioners and per copies provided to those in attendance at the meeting location. City Planner Licht noted that the Fngineeri Review for Item 3.2 had been had been emailed to Commissioners and paper copies ovided to those in attendance at the meeting location. 2 Consider the following minutes: 2.1 Planning Commission February 1, 2021. Commissioner Heidner motioned to approve the n utes as written. Seconded by Commissioner Black. Roll Call: Those r; Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those posed; None. Motion carried. 7-0 3. Public Hearing Items: 3.1 NorthStar East House: A PUD Development Stage Plan amendment to allow use of the East House as part of the room and board facility licensed by the Minnesota Department of Health and a 245 G residential and outpatient treatment facility. City Planner Licht presented the Planning Report. Applicants Dr. Hal Baumchen and Jason Vanderscoff were present via zoom and agreed to the staff report. Dr. Baumchen added they would use the patio for recreation and Minutes of the Otsego Planning Commission February 16, 2021 Page 2 relaxation purposes only with supeRdsion and they are not adding any additional beds, bort actually reducing the number of beds within other buildings. City Planner Licht said NorthStar submitted plans for the East Side House in October - and the Department of Building Safety issued a permit in December without zoning approvals, which muss: be approved by City Council. City Planner Licht said that construction on the building has been proceeding at the applicant's risk. Chair Offerman opened the Public Hearing at 7:16 PM, Stewart Turnquist, 11029 95th Street NE, Otsego, described the photographs provided by NorthStar and provided his own photos of the area between the properties. Mr. Turnquist explained all of his family activity is really close to the property line and said that all the windows that have been put in will allow anyone to look onto his property. Mr. Turnquist stated he is in favor of the NorthStar program, but is not in favor of this building being used to house people. Sally Gardner, 500 Orr' Street W, Monticello, gardens and farms on Mr, Turnquist land. Ms. Gardner said that she is in support of NorthStar's program, but not supportive of the intake building right on the border of this property. Ms. Gardner said that she is concerned about her safety and that of others when working on Mr. Turnquist property. Ms. Gardner asked if the cameras are monitored 24/7, if the fire doors are opened and the alarms are going off what happens, how many staff will be located in the proposed East Side House, and how many clients at NorthStar are court ordered? Chair Offerman closed the Public Hearing at 7:42 PM. Chair Offerman asked Mr. Vanderscoff to answer the questions the public had, Mr. Vanderscoff commented that the staff in this building would be in addition to staff operating from the other buildings on the campus and that the video cameras would be observed by a dedicated staff person each shift, Mr. Vanderscoff said that there would be at least two staff persons in the building during evening and overnight shifts, with more during the day. Mr. Vanderscoff said that fire alarm doors would be an Internal system. Chair Offerman also asked what percent of people are court ordered. Mr. Vanderscoff explained approximately 50 percent of the clients may be there due to court involvement, such as probation, but that a court order is unusual. Commissioner Thompson asked about the enclosed patio. Dr. Baumchen explained their proposal that on the north side of the house, a sidewalk would be put in place from the north door to the west end of the building with the area to be enclosed by a fence with a secured gate. Commissioner Thompson said that limits on the views from adjacent properties cannot be expected when the activity is in the open. Minutes of the Otsego Planning Commission February 16, 2021 Page 3 Chair Offerman asked about a privacy fence. Dr. Baumchen stated a 6 -foot fence was In the original plan that would stretch about 100 feet. Commissioner Thompson asked if an 8 -foot -tall fence would be allowed. City Planner Licht responded yes. Commissioner Heidner said he would be in favor of an 8 -foot fence. Commissioner Stritesky agreed. Dr. Baumchen suggested they could frost the windows on the second story of the building to obscure the view of the Turnquist property. Commissioner Stritesky asked why they started to build before getting approval. Dr. Baumchen said he thought they were going through the correct process. Commissioner Stritesky said he would be okay with an 8 -foot fence for privacy outside, but is concerned about the windows on the second floor. Commissioner Heidner is also concerned why this building is already so far along. He said the original plan stated it was going to be a storage building. He also questioned would they have to revisit another PUD amendment for other buildings. City Planner Licht said that the new maintenance building is an accessory structure that does not increase the capacity of the facility and thus does not require a PUD Development Stage Plan amendment. Commissioner Black said she is surprised as to why an intake building would be that far back into the property. Dr. Baumchen said this was to a repurpose an existing building versus new construction. Commissioner Foster asked about the sign visible from CSAR 39. Mr. Vanderscoff said there are several bids coming out this week and they will have the sign updated by the time they open. Commissioner Foster said he was disappointed that this has been 10 months and nothing has been done with the sign. Commissioner Heidner asked if there are residents on the property. Mr. Vanderscoff said there are not residents yet as they are working on the property and well as State permitting, and it's been a slower process than expected. CM Darkenwald wanted clarification on when the building construction and wants to know what two companies own It. Mr. Vanderscoff said that NorthStar leases the property from a company owned by Dr. Baumchen, who is also an owner in NorthStar. Dr. Baumchen said he thinks in October they started on the building and City Planner Licht stated the building permit for East Side House was Issued in December. Minutes of the Otsego Planning Commission February 16, 2021 Page 4 Chair Offerman said he was in favor of the use of the property as it was proposed notwithstanding the buildings used for the program. Commissioner Thompson suggested the commissioners conduct a future site inspection of the Riverwood Campus. Commissioner Poster agreed and also stated he is in favor of NorthStar using the property to help people. Commissioner Heldner said that the existing buildings approved for the program was about 100 feet or more to the property line and the East Side House is within 8 feet. Commissioner Heidner said he feels it's the Planning Commission's responsibility to make sure there Is privacy for the other property owner. City Planner Licht stated language for the Planning Commission to consider additional conditions based on their discussion. Commissioner Thompson asked if all four windows on the second floor would be frosted. City Planner Licht said yes. Commissioner Heidner asked if the fence would be 8 feet tall. City Planner Licht said yes. Commissioner Thompson motioned to recommend approval of a PUD Development Stage Plan amendment subject to the conditions as stated in the planning report with the following amended and additional conditions: 5. Exterior access: a. Primary building ingress/egress shall be via the secured vestibule through the door on the west elevation. b. The exterior door on the south and second door on the west elevation shall have fire exit alarm equipment installed and be used only for emergency exit. c. The exterior door on the north shall be used only for access to an outdoor patio to be shown on a revised site plan, which shall be enclosed by an 8ft. privacy fence, subject to review and approval of the Zoning Administrator. 9. Windows within the second story sleeping rooms shall be frosted so as to be opaque, subject to review and approval of the Zoning Administrator. 10. An 8 -foot privacy fence shall be installed along the east property line from the existing privacy fence north to connect to the new maintenance building subject to review and approval of the Zoning Administrator. 11. A plan for security camera coverage of the East Side House shall be submitted and is subject to review and approval of the Zoning Administrator. Minutes of the Otsego Planning Commission February 16, 2021 Page 5 Seconded by Commissioner Stritesky. Roll Calf Those for, Offerman, Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those opposed; None. Motion carried. 7-0 City Planner Licht prXented the Planning Report. Applicant, Steve I<roiss, s present and agreed to the staff report. Mr. Kroiss explained the proposed building plan that both twin home plans will lit on each lot. Mr. Kroiss also asked for clarification re rding the location of the trail along 70t" Street. City Planner Licht said the trail is t e constructed within the right-of-way. Commissioner Thompson asked a t the driveways and how many would be 20 feet. City Planner said that 20 feet drivew aprons were the original plan, but the new plans provide a 25 -foot driveway apron for units. Commissioner Thompson said he liked the three options for the buildings. Chair Offerman wanted to clarify that the tr along Kittredge Parkway would be preserved. Mr. Kroiss said the trees would be eserved but may need to be trimmed. Chair Offerman also asked about the parking on redge Parkway as it is currently posted no parking. City Planner Licht said that Kittr e Parking is a minor collector street and on -street parking is allowed for this street ssification. Chair Offerman opened the Public Hearing at 8:42 PM. No comments were made. Chair Offerman closed the Public Hearing at 8:43 PM. Commissioner Black motioned to recommend approval of a P Development Stage Plan, preliminary plat, and final plat for O\for;ffermanr Kittredge Crossings, subject to the conditions as stated in th report. Seconded by Commissioner Stritesky. Roll Call: Tho Kolles, Heidner, Thompson, Stritesky, Black, Nichols. Those o None. Motion carried. 7-0 February 2, 2021 To; Otsego City Council/Planning-Zoning Hi, my name is Sally Gardner. Thank you for letting me speak. I live in Monticello and have been married to my husband Jeff for 36 years. We have 4 adult children and 2 grandchildren. I have known the Spencer's for 40+ year. The Turnquist's for 40+ years as well. My family and Stewart have been gardening on his property for about 15 years. We have a small business called Gardner's Garden. We grow fruit and vegetables for local farmer's markets and a CSA program. I was opposed to the treatment facility, but Stewart had assured me it was a good thing. I agree that It is a good thing. I know this because I had a brother who was an addict. He lost his battle 3 years ago. From his experience I know how aggressive and erratic one's behavior can be. 160 men at 1 time is very concerning. Coupled with only 2 security officers present, the situation is even more alarmingl it was first presented that the 3 main buildings would house or facilitate treatment for clients. Now, without conversation with the adjoining neighbors, the garage/maintenance building is being transformed into an intake center. This building is very close to where I work every day of the summer. I work up to 12 hours a day. I have a couple of college age girls that help me every day, for up to 5 or 6 hours. I am very worried for their and my safety. I enjoy what I do. It is very peaceful and relaxing. But this will no longer be the case. If that building is allowed to be anything but what it was, a garage, I will no longer be at ease working alone, with the girls, or taking my grandkids out to pick vegetables and berries or feed the goats. I have a close friend that is a licensed clinical social worker with her own practice. Her sister is a RN at the Hazelden treatment center. I spoke with them about my concerns when my brother - entered treatment. I asked if patients were typically confined or secure but was told that is not usually the case and they would be able to leave as they please. My understanding is it would be the same with this facility. The doors would not be locked. If a patient wished to leave, there is nothing to stop them and they could easily climb over the fence and head my way. The most vulnerable or questionable time would be during the intake process. Nothing would be in place to stop them from coming onto the property I use, and I would be there alone or maybe with just one or two of the young girls that help me. Just a year to two ago I was working alone in our high tunnel. I heard a noise and went over to the farmhouse with my trowel in hand. To my surprise, I saw the house door was open. A man appeared from around the corner of the garage. He looked a bit disheveled. I yelled "what are you doing here!", my heart pounding. Then a woman came out of the house and the two said they were looking for their lost dog. I said a dog wouldn't be in the house, the door was closed! She said it was open. We exchanged more words and she said they were staying at the extended stay next door if I found the dog. I just kept telling them to get off the property and would be calling the police. They finally left by climbing back over the fence. I called the police, and they came and after checking in the house and around the property, we found items from the house that were left by the fence. They were not able to locate the two. Point is that incident made me very aware how easy one can climb the fences around the property while ignoring the "No Trespassing" signs. have come to accept and realize the value of having this treatment facility available for those with addictions. However, the plan originally presented did not include the transformation of the garage/maintenance building into an intake center. Doing so will not allow me to feel safe any longer working alone or with my employees or grandkids. Thank you for your time. Sally Gardner February 5, 2021 To: Otsego City Council I am Sarenja Betz, Stewart's daughter. My concern is regarding the maintenance building being changed into an intake center and office. I have many wonderful memories of spending time growing up there as a child. I now enjoy sharing this experience with my children on our family visits to see my dad. We love picnicking outside my grandparents' home and visiting with the goats. If staff and patients overlook our activities, the tradition is ruined. My family and I would feel immensely uncomfortable with any of the 150 male patients and numerous staff having direct access to viewing our property and activities. Especially concerning is that even though the facility was marketed to the community as highly secure, it turns out that the doors outside of the main entrances will remain unlocked for people to exit 24/7. These patients who would be considered most at risk could easily cross over to my dad's property as that is closer to them than anywhere else. I ask you to not allow the maintenance building to be changed into offices and an intake center for patient rooms. There is plenty of space in the three buildings not as close to the property line. Plus, that is what was originally proposed to the community, so why allow this change now? Especially since they knew they were supposed to go in front of the council for approval and instead someone went and got a permit. Why the need for this deceptive behavior? That leads me to question if they are hiding other alternate intentions from the community. Please consider the community and how this directly affects the neighbors. There is already a great sense of unease about the rehab center and that is before knowing about the doors remaining open for patients to leave at will. I respectfully ask that the Council not allow the maintenance building to be changed from its currently permitted use. Respectfully, Sarenja Betz February 8, 2021 Dear Mayor Stockamp and City Council Members, I'm Tanja Turnquist Sayles, Stewart Turnquist's daughter. I would like to express my thoughts regarding the owners of NorthStar Rehab center in Otsego. They want to change the two-story storage building into an office and treatment facility. They already have added windows so there are three 2 -story walls with windows overlooking our family farm just a few feet away from the property line. Being that family has lived in the area for over a century, we naturally have many traditions since it's been our home for decades. I have wonderful memories growing up there as a child. It's a continued joy I now share with my children on our family visits to see my dad. We always look forward to feeding and watching the goats while picnicking outside my grandparents' home. If this change of use is approved, NorthStar staff and patients would overlook our activities just a few feet away from the property line; the tradition will be destroyed. We would feel uncomfortable with such an intrusion on our privacy. Any of the 150 male patients and numerous staff would now have direct access to viewing our property and activities. The maintenance shed would no longer provide a buffer. A feeling of discomfort would taint our visits and negatively affect my dad being able to move around freely as he'd feel like a fish in a glass bowl. Additionally, concerning is that even though the facility was marketed to the community as highly secure, it turns out that the doors outside of the main entrances will remain unlocked for people to exit 24/7. What are the plans to address that? I respectfully request that NorthStar use the three buildings for their operations and the building next to our property line continue to be what it has been — a maintenance building. Thank you for your time and consideration, 6far �1607� A,�A& Tanja Turnquist Sayles February 9, 2021 Dear Mayor Stockamp and City Council Members, I am Sandra Weiberg, Stewart Turnquist's sister, and I appreciate the opportunity to express my concern about the intentions of the owners of the property adjoining my brother's farm. The owners properly applied for and received permission to use the facility as a drug treatment center, with the current maintenance building to continue to be used for maintenance. I have now learned that they have circumvented the approval process and the local government to make changes at their own will. They are planning to turn the maintenance building into an intake center with overnight facilities for patients. This is a dramatic change in the use of,the building, and due to the close proximity to the property line, is a threat to the quiet enjoyment of the land my brother has owned for over 50 years. My concern is not only for the effect of these changes on my brother's property, but also for the precedent this will create for future activities. Otsego is a growing community with a dedicated Mayor and City Council that has worked hard to make the right decisions for the future of the area they call home. Processes have been put in place for the benefit and protection of individual property owners and the community as whole. I respectfully ask that the Council not allow the maintenance building to be changed from its currently permitted use. Sincerely, )) � r , �d� V v Sandra Weiberg {ij, la 9 0 P, I S-t'mk4-WLr , �,i%t.� C�x,�«_AJ vv...CkAAJ OA Nv-W5.¢r_n_ ila•'•Ci-t.e.itl. � �j G �Ulr�1�fJ��� �, �,�' .Qr•6`L Lt�Vt.t�l. Ql'--n�1'i.'iiL.CfLI. 'Ci7 0� ���"� .� Q!J_tiJ�l..tU.�,ps-�,`. �i1L vJlA,cL�tl. A�I-C N�N'�i;C,}',•�� 1, opt,., ��'wx .s�.• •6-a�. �� Pfih1p11 �� � o` 4 e2 D- p J B D g �1tc 18, 7.0.20 ,Q3�t:1 � q na,n. Cann-n.a.vrv� �.tfy`L�a�. rue bcrt�rnL - t�.ouara C>_ �.eAA. uo.o �,'Utt vvutA, �cc4h,..c+,y� S�lu.��<<.(.,ric� ur�►�`�n.�a.-� me,,v »uuvurc.- '�,�Aivi,�,v,, Jaltm o NORTHSTAR REGIONAL Dear Community Resident, My name is Jason Vanderscoff, the CEO of NorthStar Regional. I am writing to inform you of our desire to purchase the Riverwood Extended Stay Inn and repurpose the property as a me Fa c iemic a endenc amential treatment facilit in the coming year. We hope that outlining our proposal will aid your understanding 0 our entions. We have had preliminary meetings with Wright County and the City of Otsego. The City of Otsego is meeting in January to consider an amendment to the Planned Unit Development District governing the use of the property. NorthStar Regional Overview NorthStar Regional (NSR) is a behavioral health organization dedicated to helping people with mental health and substance use disorders move forward in hope. NSR provides residential and intensive outpatient (IOP) co- occurring disorders treatment; mental health counseling for individuals, couples and families; mental health IOP and group programs; psychiatry services; and sober housing. NorthStar Regional has treatment locations in Chaska, Chanhassen, Maple Grove, and Shakopee. We are set apart from other treatment centers specifically because of our intensive psychiatric services, our emphasis on quality integrated mental health treatment, and our commitment to continuing care and housing. Headquartered in Chaska, Minnesota, NorthStar Regional was founded in 2015 by Hal Baumchen, PsyD, LP, LADC; Jason Vanderscoff, LADC; and Thomas Winegarden, MD. Dr. Baumchen operated Northland Counseling Services with 30 clinicians in 3 locations and has over 30 years of clinical experience. Dr. Winegarden is a board- certified adult and addiction psychiatrist with a broad range of inpatient and outpatient psychiatric experience. Jason Vanderscoff was CEO of Five Stars Recovery Center in Chaska for 15 years before NorthStar Regional purchased assets and combined the three entities. We now currently operate a 48 -bed residential facility for men in Shakopee and a 17 -bed facility for women in Chaska. We have 65 IOP with lodging beds in Chaska, Chanhassen, and Maple Grove. Additionally, we operate 9 other sober houses. We have mental health clinics in Chaska, Chanhassen, and Maple Grove. Community Reputation We have an excellent professional reputation in the community. NorthStar Regionars list of referral sources includes Center for Drug and Alcohol, Christian Family Solutions, Dakota County, Douglas County, Pali -view Southdale, Fairview University of Minnesota, LeSeuer County, Teen Focus Recovery Center, The Haven, United Hospital, and Wantonwan County Human Services. We also receive referrals from Scott, Rice, Ramsey, Olmstead, Nicollet, McLeod, Isanti, Hennepin, Goodhue, Crow Wing, Chisago, Cass, Brown, Blue Earth and Anoka Counties, NorthStar Regional is the preferred, provider for the Scott County Drug Court. We do have a larger list of referral sources that can be provided upon request. Proposed Treatment Services This project at Riverwood Extended Stay Inn would enable us to combine the strengths of current services and provide needed treatment and group residential housing for Mental Health and Chemical Dependency clients in Wright County. At completion, the proposed facility would house and treat up to 160 men (64 clients in residential treatment for up to 30 days and 96 clients in intensive outpatient treatment for up to 90 days), Additionally, houses in the community would be purchased to provide safe sober homes for clients following treatment, Similar residential treatment centers include New Beginnings in Waverly (25.5 miles) Centra Care Recovery Plus (41.1 miles) and St. Cloud Metro Treatment Center (35.9 miles). The combined population of Albertville, Elk. River, Otsego, Monticello, and Buffalo is over 92,000. 1045 Stoughton Ave, Chaska, MN 5x318 www,northstarregionalxom I phone: 952.448.6557 1 fax: 952.448.6047 thent Profile The target popidation for this gender -specific facility is males, ages 18-100 with the most common clients in the 18-68 age range. It is anticipated that many of the clients will have had lengthy histories of mental health and substance use disorders. They will likely have had other social, relational, occupational, legal, and housing difficulties. Many will be low income. Most of our clients will have had previous addiction treatment. .� In 201the7, the city of Otsego had preliminarily approv� use of this facility for ad ction treatment mental hea or or residential'liealthcareuses. At that time, the county Sheriff had written a letter of support far addiction treatment using the Riverwood Property. Employment Profile Our proposed residential and intensive outpatient co-occurring treatment program would not only create additional jobs in the Otsego area through the hiring of staff— including nurses, mental health therapists, addiction counselors, technicians, cooks, dishwashers, maintenance workers, administrators, psychologists and psychiatry providers — it will help create a higher level of care for residents in the northwest metro area who suffer from co-occurring mental health and substance use disorders. There will be a minimum of seven staff on duty, 24 hours per day, seven days per week. The current staffing proposal includes: 1 Director 14 Licensed Drug and Alcohol Counselors (LADC) 8 Licensed Professional Clinical Counselors (LPCC) 3 Float counselors 40 Techs 12 Kitchen staff 5 Administrative professionals 3 Admission coordinators 4 Drivers 1 HR representative 1 Caretaker 1 Handyman 3 House Keepers 3 Psychiatry Nurse Practitioners 6 Licensed Practical Nurses (LPN) 2 Scribes 2 Security, Officers 109 Total Full and Part-time Employees /_ se- of Ekisfln ' B ` din s - �� There are 3 major buildin sand ne snnall stprage_ ho s on the property, totaling 55,000 square feet, Yncluding large nieetingpaces-fiiedro�ms wit)a bathrooms, and several common areas. The ro er has Mississip 'R' ver _-3new,s, walking trails, and plenty of space for recreational activities.;Th three "jor bu ldin )are referred to as tTie�. dCou tyard Building, in' --the House, and Th' S' The t}nree major buildings will be kept intact with only cosmetic updating or minor remodeling changes, with one notable exception. A fire sprinkler system will be installed in each of the three major buildings that will meet all Minnesota State Fire Marshall code re uirements,_ Ido otherskructural changes or aciciitiorts:e$ngef ecT7`I' a we and§optic systems gave eon updated in 2017 and anc area a to accommodate 248 hotel guests, event guests, and staff. Timeline for Remodeling of the Facility and Occupancy Our desire is to purchase the Riverwood Center on March 31, 2020. Existing operation as Riverwood Inn would continue while initial remodeling begins. We would start with remodeling of the restaurant and the pool areas; both are not currently in use. We would also begin remodeling some larger meeting spaces, adding walls, doors, and necessary electrical wiring and HVAC. Construction of the sprinkler system would begin within a month or two of possession. Some reduction in existing services would be experienced in May or June 2020. The Inn would continue to accommodate some guests until August or September. Guests would be notified in advance of any disruption of services. Guests will be unformed of the limits of their stay when they book rooms, Some construction noise inside the buildings is expected. Building Inspections, Fire, Health and DHS inspections would be conducted in September/ October. We anticipate opening and operating as a treatment center between October 1 and November 1, 2020. Community Safety For NorthStar Regional, client and community safety are of highest concern. Research has shown that drug treatment programs improve life outcomes for individuals and decrease the likelihood that a drug -involved person will be admitted to the criminal justice system. Treatment serves as a safe and secure environment where people get free of drug and alcohol use and develop skills to prevent relapse and reintegrate into the community. In our facilities, clients cannot use any drugs or alcohol. Rule violations may. reset in immediate dismissal from treatment, return to the criminal justice systemor referral to another level of care. Compliance with our policies is monitored through roan checks, thorough search of belongings upon arrival, weekly alcohol and drug screens with confirmation and additional drug screens with suspected use, Our facilities will be monitored 2417 by clinical staff, treatment technicians, and security officers. Additionally, interior and exterior public areas are monitored by video cameras. We have strict visitation rules and enforce our no trespassing policies. We have a thorough evaluation and intake procedure ensuring that clients ,ue an appropriate fit for our programs. We do not provide care for sex offenders or arsonists. Individualized Continuum of Care Personal success in recovery occurs when treatment focuses on the entire person, including but not limited to physical, mental, and emotional problems. Each client at this new facility would be treated holistically, addressing substance use, mental health and medical/psychiatric issues. This approach allows us to achieve the best treatment outcomes. Length of participation will vary as treatment plans are individualized, however, most clients in the residential treatment center will be there for 30 days. Following this, continuum of care options are available for counseling and housing facilities operated by NorthStar Regional. These aftercare options would include counseling, psychiatry services, intensive outpatient mental health programs, intensive outpatient chemical dependency treatments and sober homes. It is our intent to provide the highest quality of professional services on a campus that will reflect the standards, image and pride of the local community. City Meeting Dates • Otsego City Planning Commission Meeting on February 18, 2020 • Otsego City Council Meeting on February 24, 2020 It is our mission to supply high quality professional care in a safe and compassionate environment. We appreciate your support in this endeavor. If you need further information, please contact me by email at jason@northstarregional.com. Thank you. Jason Vanderscoff, CEO NordxStar Regional P3 ym- J N 7 a fD N N 10 f0 N D •V7i M Oto w D q (D 6j m D) m D )) U N N M .t� S% r• r 7. 7 x '•� n N R C '' N fn 7I7 ; R 4+6 0D D? Ci C N O p fD � � fl) � n Iu� moron �N o.Iw�z N wn ! 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CL (D -I X WPo ,"x, - < l0 ( 4) D .f7i• m }. �f� 6I G I X [7 U) o A NN 6a�O '�n.mP En. 0, `J 3 fT )' n.o a v ro R fD '" 0--111111nV.,I p7lnln �Q�o�n� o m8(D�� iD ' rn w �wop)� yx!nwlnn @ LL - at. p in4 q 7 N� D U. � z1�bJa�'p �• p N N N ID •� tl A N ^7 a NL rit �, in 121, S. p �• o� N a �ri ro }� o �i . 10 o' 4 m £. m � �mal EL N?w�7paa p�Inoy' N. 7 O II In 7 N �. @N FEj.' IoD ���oo a ��'n'id a () lb -.� N In mID Ul P, TCD mQao�� InU� 5 iD a m e;uj o c m DnN ctnN�ao C7 O O n O ,� _ tp IP r• 61) . NIn ul d•U V) FL' �. IP a In to m m x 0 CGu� L 4 .� 1. con �,.••�'••�r _Q V Y X Z 90 D. DANIEL LICHT From: Hal Baumchen <hal@northstarregional.com> Sent: Friday, February 12, 2021 2:28 PM To: Daniel Licht; Jason Vanderscoff Subject: Photos for Tuesday Meeting Dan, I would like these photos included in the packet. These show the line fence and the unused Turnquist buildings. I have also included photos of a privacy fence Mr. Turnquist had erected on part of his pasture land that borders Riverwood. Mr. Turnquist's homestead is approximately 250 feet from the Eastside House on the other side of a ravine that runs toward the Mississippi River. In light of the close proximity of the deteriorating, dilapidated buildings, I do not believe that the proposed remodeling of the Eastside House will in any way impede the peaceful enjoyment of the Turnquist property. I will be attending the meeting by Zoom. Thank you for your time. Hal Baumchen 1 ` I r �..� _ c t - ".,•,ter •S ' -----+.tea-- . •-47V D. DANIEL LICHT From: mae spencer <maespencerpots@gmail.com> Sent: Friday, February 12, 2021 11:49 AM To: DDL@planningco.com Subject: FW: Public Hearing by Little Tree Properties Sent from Mail for Windows 10 From: mae spencer Sent: Wednesday, February 10, 20211:54 PM To: DDL@PlanningCo.com Subject: Public Hearing by Little Tree Properties To the City Council/& Planning Commission, My name is Mae Spencer and I wish to voice my concerns regarding the garage building being renamed East House Building. This garage was never ever a residence. What was the original residence on the property was bulldozed down many years ago. When and how did this come to be called East House and why? Now I understand they want to use this as more housing and intake area. In spite of reassurances that staff would know where the patients would be at all times with locked doors in the front of the building, the back doors would remain unlocked to be open for egress so patients can always get out. This is certainly not how it was marketed to us from the beginning. This moves the patients much closer to the property my husband Bob and I have lived on for the last 56 years. I am a ceramist and must often go out late to check a kiln and/or stoke the wood stove. It is discomforting to me to think Someone could have wandered in. I have used our field area as a great place to walk for years and have so enjoyed the peace and quiet. I ask that the council not allow the garage to be changed from it's currently permitted use as a maintenance building. The changes would be very different from the original plan proposed to the community, and change our lives drastically. GRIES • LENHAMT • ALLEN, RUT ATTO RN EYS AT LAW Reply to St. Michael Sender's Email: Davegglalawfirm.com February 15, 2021 Via Email — DDLgplanningco.com & BBenting_gci.otsego.mn.us Otsego Planning Commission Otsego City Hall 13400 90th Street NE Otsego, MN 55330 Re: NorthStar Regional Treatment Center — East Side Shop Building Dear Planning Commission: I represent Stewart Turnquist, the owner of the property located at 11020 95th Street NE, Otsego, Minnesota, Parcel No. 118800132202 (the "Turnquist Property"). The Turnquist Property is located to the east of the northerly portion of the property owned by NorthStar Regional, located at 10990 95th Street NE, Otsego, Minnesota (the "NorthStar Property"). In early 2020, my client received a letter from NorthStar Regional, as did many of his neighbors in that area of Otsego, explaining that NorthStar Regional was seeking approval from the City of Otsego to convert the Riverwood Inn and Conference Center into a chemical dependency residential treatment facility. Mr. Turnquist recognized the value of such a treatment facility and did not object to the conversion of the NorthStar Property to a residential treatment facility use. However, my client's positive reaction to the proposed use of the NorthStar Property was based not only on his recognition of the value of a residential treatment facility in general, but also specifically because the description of the proposed new use of the NorthStar Property by NorthStar Regional, in its letter to him and others in the community, stated that only the three major buildings on the property would be remodeled as necessary to enable the operation of the treatment facility. The NorthStar Regional letter stated that "there are three major buildings and one small storage house on the property". The three main buildings referred to in the letter were the Courtyard Building, the Bluff House and Timothy's Restaurant. The reference to the storage house was a reference to what has historically always been used as a shop/maintenance building (the "Shop Building"). The letter from NorthStar Regional went on to state that "the three major buildings will be kept intact with only cosmetic updating or minor remodeling changes, with one notable exception. Afire sprinkler system will be installed in each of the three major buildings that will meet all Minnesota State Fire Marshall code requirements. No other structural changes or additions are needed." BY APPOINTMENT ONLY MAIN OFFICE BY APPOINTMENT ONLY 601 CARLSON PARKWAY ' SUITE 1050 12725 - 43RD STREET NE' SUITE 201 9298 CENTRAL AVE NE' SUITE 418 MINNETONKA, MN 55305 ST. MICHAEL, MN 55376 BLAINE, MN 55434 TEL: 763.497.3099 1 WWW.GLALAWFIRM.COM > FAx:763.497.3639 The proposed significant expansion of the use of the Shop Building was not mentioned or discussed a year ago when NorthStar Regional appeared before the City for its initial application to operate the treatment facility, neither in the February 2020 letter nor in any of the hearings and proceedings undertaken by the City of Otsego during the first several months of 2020. Because the Shop Building lies less than 10 feet from the westerly boundary line of his property it was extremely important to my client that NorthStar Regional's letter a year ago did not propose any remodeling or change of use for the Shop Building. His goat barn is located immediately adjacent to the Shop Building. His daughter and his grandchildren often visit the goats and picnic in that area, which is located in full view of and very close to the Shop Building. The historical use of the Shop Building for maintenance purposes had not negatively impacted the use of my client's property for the activities described above. Now, however, NorthStar Regional has begun remodeling the Shop Building. Windows have been added. And most concerning is this: NorthStar Regional now wants to convert the Shop Building into what they call the "East Side House". Frankly, that was never part of the deal when NorthStar Regional first applied to Otsego in 2020 to convert the NorthStar Property to a treatment facility. The proposed expansion of the Shop Building is described by NorthStar Regional as follows: to "receive new residents for evaluation and acclimation into the program. It includes staff offices, residential rooms, lounge and program areas" (emphasis added), that would house up to 16 residents (according to the submitted blueprints) who will have free ingress and egress from the Shop Building at all times. Security is a real concern for my client, and it is clear from NorthStar Regional's documentation that it is not licensed to restrict its residents' access into and out of the Shop Building, day or night. The Shop Building is clearly a (presumably lawful) nonconforming structure. The February 12, 2021 TPC Planning Report (the "Planning Report") states that the Shop Building is setback about eight feet from the east line of the NorthStar Property. As stated in the Planning Report, "the eight foot setback from the east property line is less than the IO feet that would be required under the B-3, General Commercial District upon which the PUD District is based." The proposed alterations to the Shop Building appear to violate Otsego Code Chapter 15, Section 11-15-3 which regulates non -conformities. Code Section 11-15-3 D states that normal maintenance, including repairs or incidental alterations, are permitted, but that building alterations that intensify a nonconforming structure are prohibited. Certainly, the building alterations proposed by NorthStar Regional are much more than normal maintenance or incidental alterations and in fact will intensify the Shop Building. It is interesting to note that the building permit application submitted by NorthStar Regional's contractor makes no mention of remodeling the Shop Building for use as a residence for up to 16 persons. More importantly Permit No. 2020-01808, which apparently was issued by the City to NorthStar Regional's contractor on December 18, 2020, states that it is a building permit for "East Side House — remodeling into offices and lounge area". Again, no mention of remodeling for the purpose of housing up to 16 persons and use of the Shop Building for receiving new residents for evaluation and acclimation into the treatment program. While NorthStar Regional may have already started remodeling the Shop Building, they have done that at their own risk. NorthStar Regional was advised that it needed permission from the City to significantly expand the use of the Shop Building, and that no building permit was to be issued until these proceedings had been conducted. In summary, NorthStar Regional's new application is unacceptable to my client and he firmly opposes the proposed substantial expansion of the Shop Building, which will have a significant negative impact on the continued use of the adjacent area of his property by my client and his daughters and grandchildren. They are understandably not going to be comfortable visiting the goat barn and picnicking in the area with residents coming and going, as well as all the other activity that will be associated with the proposed expanded use of the Shop Building. It is fundamentally unfair for my client and his family to be subjected to such an expanded use of a building that is located in very close proximity to their activities on his property, especially when this proposed expanded use was never mentioned or described a year ago when NorthStar Regional first brought its treatment center proposal to the City. We urge the City to deny NorthStar Regional's application to significantly alter and intensify the structure and use of the Shop Building. Vei ruly yours, David J. L n r DJL/cgd cc: Stewart Turnquist O0 17 Feb 21 tsTe� o MINNESOTACY FINDINGS &DECISION PUD Development Stage Plan APPLICANT: Little Tree Properties LLC / NorthStar Regional APPLICATION: Request for amendment of the PUD Development Stage Plan governing the Northstar Riverwood Campus. CITY COUNCIL MEETING: 22 February 2021 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the properties is Lot 1, Block 1, Riverwood Conference Center, City of Otsego, Wright County, Minnesota. B. The property lies within the Rural Residential Preserve Area and is guided for commercial uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned PUD, Planned Unit Development District in accordance with the Ordinance adopted by the City Council on 9 September 1991 and most recently amended on 13 April 2020. D. The applicant is proposing an amendment to the PUD Development Stage Plan approved on 13 April 2020 to use of the "East Side House" building as part of the 245 G residential and outpatient treatment facility licensed by the Minnesota Department of Human Services. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The subject site is guided by the 2012 Comprehensive Plan for commercial uses. This land use designation is unique north of CSAH 39 and reflects the prior commercial lodging facility allowed under the provisions of a PUD District originally approved in 1991. The PUD District was amended in 2020 to allow for use of the property as a residential treatment program as a more viable long-term use. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The East Side House is setback from the closest property lines eight feet to the east and 85 feet to the south. There are existing mature trees in the yards between the East Side House and property lines, but they provide a canopy and not screening. Provisions for the second story windows to be frosted and installation of privacy fencing along the east property line and surrounding the patio will provide screening to address potential compatibility issues. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The use of the property is to comply with the requirements of the Zoning Ordinance, including applicable provisions of the approved PUD District. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed use of East Side House as part of the residential treatment program will not increase the overall capacity of the program. As a result, the changes to the program to include East Side House is not expected to affect traffic generation. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed use of East Site House for the residential treatment program will not affect the City's service capacities. The planning report dated 12 February 2021 and addendum report dated 17 February 2021 prepared by the City Planner, The Planning Company LLC, are incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 February 2021 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: 1. The conditions of the PUD Development Stage Plan approved by the City Council on 13 April 2020 remain in full force and effect unless specifically modified herein. 2. The East Side House shall be constructed and operated as described by the plans and materials on file with the City except as specifically modified herein. Use of the property as a 245 G residential and outpatient treatment facility shall be limited to 160 persons, including not more than: 76 residential clients within the East Side House and Courtyard buildings. 84 outpatient clients with overnight lodging within the Bluff House building. 4. Northstar staff shall be present within the East House building at all times and video monitoring shall be provided for all common areas, stairwells, exterior doors or areas other than designated rooms designated on the submitted plans for sleeping or treatment. Exterior access: 2 Primary building ingress/egress to East Side House shall be via the secured vestibule through the door on the west elevation. b. The exterior door on the south and second door on the west elevation shall have fire exit alarm equipment installed and be used only for emergency exit. The exterior door on the north shall be used only for access to an outdoor patio to be shown on a revised site plan, which shall be enclosed by an 8ft. privacy fence, subject to review and approval of the Zoning Administrator. The site plans shall be revised to relocate the outdoor patio to the west side of the building, subject to review and approval of City staff. 7. Off -Street Parking: There shall be a minimum of 121 off-street parking stalls in conformance with Section 11-21- 7 of the Zoning Ordinance. The number of required off-street parking stalls may be reduced subject to approval of the Zoning Administrator based on floor plans showing office and meeting room areas to be calculated at a ratio of one parking stall per 200 square feet. Plans for repaving the existing parking area and expansion drive aisle and parking area adjacent to the East Side House shall be subject to review and approval of City staff. 8. All exterior light fixtures for the East Side House shall comply with Section 11-16-6 of the Zoning Ordinance, subject to review and approval of the Zoning Administrator. 9. Windows within the second story sleeping rooms shall be frosted so as to be opaque, subject to review and approval of the Zoning Administrator. 10. An 8 -foot privacy fence shall be installed along the east property line from the existing privacy fence north to connect to the new maintenance building subject to review and approval of the Zoning Administrator. 11. A plan for security camera coverage of the East Side House shall be submitted and is subject to review and approval of the Zoning Administrator. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 22nd day of February, 2021. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: By: Audra Etzel, City Clerk