11-036CITY OF SHOREWOOD
RESOLUTION NO. 11 -036
A RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT AGREEMENT FOR SHOREWOOD PONDS P.U.D.
WHEREAS, in June of 1999, the City of Shorewood approved a conditional use permit
for an elderly housing project named Shorewood Ponds P.U.D. (the Project), located north of
State Highway 7 and west of Eureka Road, on property legally described as:
"Shorewood Ponds, Hennepin County, State of Minnesota"; and
WHEREAS, the Project was approved as a Planned Unit Development (P.U.D.),
pursuant to Section 1201.03 Subd. 20 of the City Code and subject to a Planned Unit
Development Agreement (the Agreement), dated 28 October 1999, which restricted the age of
occupants residing in the Project to 62 years of age or older; and
WHEREAS, the Shorewood Ponds Association, Inc. (the Applicant), has requested an
amendment to the Agreement, that would lower the age restriction to 55 years of age or older;
and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
11 May 2011, which memorandum is on file at City Hall, and
WHEREAS, the Planning Commission conducted a public hearing on 17 May 2011 to
consider the proposed amendment; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting of 27 June 2011, at which time the City Planner's memorandum and minutes of the
Planning Commission meeting were reviewed, and comments were heard by the City Council
from the Applicant, City staff and members of the audience attending the meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
The Shorewood City Code and the Agreement for Shorewood Ponds P.U.D. were
approved pursuant to the Federal Fair Housing Act (FFHA), which provided at the time
that elderly housing projects were restricted to residents 62 years of age or older. The age
restriction could be reduced to 55 years of age, if the project provided "significant
services and facilities, exclusive to the elderly ".
2. Subsequent to the approval of the Project, the FFHA was revised, eliminating the
requirement of "significant services and facilities, exclusive to the elderly ". The
reduction of age to 55 was allowed as long as the housing project "published and adhered
to policies and procedures that demonstrate its intent to qualify for the exemption ".
3. The Shorewood Ponds P.U.D. is subject to a Declaration of Shorewood Ponds
Association, Inc. (the Declaration), to which the City is a signatory, that is recorded
against all of the properties in the Project. The Declaration currently contains language
restricting the age of residents of the Project to 62 years or older. The Applicant's
attorney has prepared an amendment to the Declaration revising the age restriction to 55
years or older. The amendment to the Declaration is attached hereto as Exhibit A.
CONCLUSIONS
A. The amendment to the Declaration of Shorewood Ponds Association, Inc. (Exhibit A)
satisfies the FFHA requirement to "publish and adhere to policies and procedures that
demonstrate its intent to qualify for the exemption ".
B. The Applicant's request for approval of an amendment to the Agreement reducing the age
restriction from 62 to 55 years of age or older in the Shorewood Ponds P.U.D. is hereby
approved, subject to the following:
The Applicant must record this Resolution and the amended Declaration (Exhibit
A) with the Hennepin County Recorder no later than 27 July 2011.
2. This Resolution authorizes the Mayor and City Clerk to execute the amended
Declaration (Exhibit A).
Adopted by the City Council of the City of Shorewood this 27 day of June 2011.
u�
Christine Lizee, Mayor
ATTEST:
2
.l F •.,,:
-This Lrstmendment to Declaration (the "Amendment ") is made effective this
day f 2011, by Shorewood Ponds Association, Inc., a non - profit
corporation under the laws of the State of Minnesota (the "Association "), and approved
by the required percentage of the votes in the Association pursuant to Minnesota
Statutes chapter 5158 and Section 19 of the Declaration (the "Declaration ") and the
approval of the City of Shorewood.
WHEREAS, the Declaration was filed in the Office of the County Recorder of
Hennepin County on November 10, 1999 as Document No. 7213567; and
WHEREAS, the Declaration provides for amendment of the Declaration by the
consent: (i) Owners of Units to which are allocated at least sixty -seven percent (67 %) of
the votes in the Association, (ii) the percentage of Eligible Mortgagees required by
Section 20 as to matters prescribed to said Section, (iii) the City of Shorewood, and (iv)
the consent of Declarant to certain amendments as provided in Section 17.7;
WHEREAS, there are no such Eligible Mortgagees; and
WHEREAS, the consent of the Declarant is not required pursuant to Section 17.7
of the Declaration as Declarant no longer owns any unsold Units within the Association;
WHEREAS, the Association desires to subject the real property described in the
attached Exhibit A (the 'Property ") to this Amendment;
WHEREAS, the necessary percentage of votes of the members has approved
the Amendment to the Declaration as set forth in the attached Exhibit B.
NOW, THEREFORE, the Association makes this Amendment declaring that the
Declaration shall be amended as set forth herein, and that the covenants and
restrictions hereafter set forth shall be binding upon all persons having any right, title or
interest in the Property, including their heirs, personal representatives, grantees,
successors and assigns, effective as of the date of the filing of this Amendment.
1. Each of the above recitals is true and correct and is hereby incorporated by this
reference.
Exhibit A
2. Section 7, Paragraph 7.3 of the Declaration shall be amended, modified and
restated as follows:
7.3. Elderiy Housing. Occupancy of a Dwelling is limited to no more than two
(2) adults, fifty -five (55) years of age or older, except that the age
limit need not apply to:
a. One (1) adult live -in care provider serving the needs of the
primary occupant(s). If such care provider resides in the
Dwelling for than thirty (30) days, notice must be given to the
Zoning Administrator for the City of Shorewood.
b. The Association shall annually file with the City Clerk and the
Zoning Administrator for the City of Shorewood a certified
copy of a quarterly resume of occupants of each Dwelling
listing the name and age of each occupant."
All other terms, covenants, conditions and restrictions contained in the Declaration and
any prior amendments thereto shall remain in full force and effect, except as otherwise
specifically amended or modified hereby.
IN WITNESS WHEREOF, the undersigned, as President of Shorewood Ponds
Association, Inc., a Minnesota non - profit corporation, has executed this instrument
effective on the day and year first set forth above, on behalf of the Association.
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Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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` The foregoing ostrument was acknowledged before me this day of
2011, by 1�x the President of Shorewood
Ponds Association, Inc., a Minnesota nonpTdfft corporation.
REBECCA AIEMB RICN } ��
NOTARY PUBLIC - MESOTA j > s
My Com Em Jan. 31. 2015 Notary Public
IN WITNESS WHEREOF, the undersigned, as of the City of
Shorewood has executed this instrument effective on the day_dDLLyear first set forth
above, on behalf of the Association.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF a- rrt
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RM 07,
The foregoing instrument was acknowledged before me this 28 day of
� U , 2011, by j 7� , the GI° of the City
of Shorewood.
Notary Publi6
THIS INSTRUMENT DRAFTED BY:
Sarah B. Bennett (#389076)
Thomsen & Nybeck, P.A.
3600 American Blvd. W., Suite #400
Bloomington, MN 55431
Telephone: 952- 835 -7000
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EXHI
The undersigned, Secretary of Shorewood Ponds Association, Inc., a Minnesota
non - profit corporation, being first duly sworn on oath, hereby swears and certifies,
pursuant to the applicable provisions of the Declaration, that this instrument has been
duly approved by the Association by a vote of sixty -seven (67 %) percent of the
membership votes in the Association either in person or by proxy, as defined in the
Declaration, in satisfaction of the requirements of the Declaration, and that there are no
Eligible Mortgagees of record with the Association.
Such approval and vote was obtained and conducted as of
J x ..u<, E , 2011 by mailed ballot and /or written consent and was
done in accordance with the Declaration and Bylaws.
ecretary
STATE OF MINNESOTA )
) ss.
COUNTY OF �_ }
The foregoing instrument was acknow edged before me this ?� day of
2011, by , 1 ' k 1 �� r � Secretary of
Shorewood Ponds Association, Inc., a Minnesota nonprofit corporation, on behalf of the
non -profit corporation.
REBECCA A LEMBRICH
� NOTARY PUBIK - MINNESOTA
* My Comm. Exp. Jan. 31, 2015
Notary Public
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