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061609 pl mn CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 16 JUNE 2009 7:00 P.M. MINUTES CALL TO ORDER Acting Chair Gagne called the meeting to order at 7:02 P.M. ROLL CALL Present: Acting Chair Gagne; Commissioners Arnst, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Zerby Absent: Chair Geng APPROVAL OF MINUTES 1. 2 June 2009 Hutchins moved, Ruoff seconded, Approving the Planning Commission Meeting Minutes of 2 June 2009 as presented. Motion passed 5/0 S T U D Y S E S S I O N 1. COMPREHENSIVE PLAN  Discuss Planning Districts 8 and 9 Director Nielsen stated during its 2 June 2009 meeting he presented the Planning Commission with a revised Planning District 8 Area Plan. The changes were insignificant. The Area Plan was changed to state the District has experienced some redevelopment, rather than saying it will likely do that. It notes that subdivision of larger parcels along Murray Street will be dependent upon cooperation of landowners. The year of 2001 was added to clarify when the intersection of State Highways 7 and 41 was reconstructed. It reflects the abandonment of Woodhaven Well. Nielsen then stated during that same meeting he distributed changes Staff recommended to the Planning District 9 Area Plan. The packet for this meeting contained the updated Plan. The changes include eliminating the reference to updating the R-C property zoning at Christmas Lake Road and Highway 7. It notes the master plan for St. John’s Cemetery has been approved, that studies of Radisson Road have been completed which resulted in striping and signage improvements, and that the Southeast Area water system has been connected to the Amesbury water system in Planning District 12. Acting Chair Gagne asked if the Commissioners had any additional comments about the two revised Area Plans. There were none. Director Nielsen stated that Staff had suggested to Council that the best way to get resident input on the Area Plans components of the Comprehensive Plan (the Comp Plan) is to hold neighborhood meetings. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 16 June 2009 Page 2 of 6 He suggested that because there were minimal changes to the Area Plans maybe four Area Plans could be addressed during each of three meetings. He also suggested the meetings be an open-house style meeting. Based on his experience people tend to be more willing to ask questions in a more casual setting. He then suggested two of the meetings be conducted on evenings when a Planning Commission study sessions are scheduled in September and October. He related that Council thought the City should do a better job of marketing the Comp Plan and generating resident interest in it. He stated information on the Comp Plan will be on display in City Hall during the City Hall open house planned for July. There was ensuing discussion about how the meetings should be publicized. There was consensus that an individual piece of correspondence should be sent to each property/resident (it shouldn’t be mailed with any other correspondence), it should be published in the City’s two official newspapers, it should be published in the City’s newsletter, there should be additional information on the City’s website, and there should be something in the lobby of City Hall near the counter. The information should inform the residents that the meetings will be an open-house style meeting, and it should give a brief and clear explanation of what the purpose of the meeting is. Nielsen stated the neighborhood meetings will provide for the opportunity to expose residents to the entire Comp Plan. He envisioned there being four stations set up; one for each chapter in the Comp Plan. There would be two Planning Commissioners at each station and they would give a brief presentation on that chapter and solicit questions/feedback from the residents. There would be one more area that would be about the Area Plans that will be discussed that evening. He noted he would write the scripts for the Commissioners and set up the schedule. Nielsen stated the Area Plans for Planning Districts 6 and 7 have yet to be revised, and additional discussion is needed on the Area Plan for District 3. He thought all three Districts could be discussed during the July study session. Commissioner Ruoff stated it was his recollection that there was something outstanding regarding the Area Plan for Planning District 12; in particular, it related to the Kuemple Chime Clock property located on Minnetonka Boulevard. Nielsen stated he will look into that. Discussion turned to something not on the agenda. In response to a question from Commissioner Hutchins, Director Nielsen explained the City had received an application from someone interested in developing the property on the northwest corner of Country Road 19 and Smithtown road where the carpet store had been. There would be a Subway in one part of the structure. He then said he met with a person from Mount Development; that company was interested in discussing the area where the carpet store, gas station and American Legion are. Mount Development was interested in understanding how the City wanted that corner redeveloped. Nielsen noted Council may be willing to consider tax increment financing (TIF) for the redevelopment of that entire corner. Commissioner Vilett asked Director Nielsen to explain TIF. Nielsen explained that before a property is developed the value of the property and its resulting tax value is determined. Once the property is improved the value should increase substantially resulting in higher property taxes. Normally the property tax is divided between the City, the County and the school district. With TIF the City captures the entire amount of the property tax for some defined period of time and it uses it to pay back the bonded debt for things such as infrastructure improvements to support the project, soil corrections, buying down some of the land, etc. There are specific criteria for TIF. After the defined time period is up, the property taxes go back to being divided between the City, the County and the school district. TIF is used as an incentive to get developers to do projects that would not have happened otherwise. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 16 June 2009 Page 3 of 6 Commissioner Hutchins commented he had attended a casual, open-house style meeting for something similar and it worked well. 2. ZONING CODE – SENIOR HOUSING Director Nielsen explained that several years ago the City amended its Zoning Code to include and encourage elderly (senior) housing. Three phases of elderly housing were identified – independent living, assisted living (minimal care), and care facilities (formerly referred to as nursing homes). There were two highly successful independent development projects that have occurred in the City; they are Shorewood Ponds and The Seasons. Nielsen stated in 2008 the Planning Commission listened to a presentation on elderly housing by Rick Fenske, a developer of elderly housing projects. The Commission thought the City’s Zoning Code does not address the future demand for elderly housing and that it should be examined as part of the 2009 Work Program. Nielsen reviewed how the current City’s Zoning Code addresses the three phases of elderly housing. Nielsen explained the City Code Section 1201.03 Subd. 20 provides for elderly housing projects within all of the various residential zoning districts. Residential densities are: four units per acre in the R-1A and R-1B zoning districts; eight units per acre in the R-1C, R1-D, R-2A, R-2B and R-2C zoning districts; and ten units per acre in the R-3A, R-3B and R-C zoning districts. A minimum of three acres is required for an elderly housing project, and it must be processed as a planned unit development (P.U.D). Nielsen went on to explain that care facilities are allowed in the R-3A, R-3B and R-C zoning districts, by conditional use permit. Because the City doesn’t have any land that is currently zoned or planned for R- 3B development and there is only a small area along Lake Linden Road that is zoned R-3A, the only place care facilities could be developed is in the R-C zoning district. City Code Section 1201.09 Subd. 4.e. contains provisions relative to care facilities. Residential density is not a factor for care facilities, and there is no minimum acreage requirement. Setbacks, impervious surface, parking and building heights restrictions dictate the intensity of the development. He stated Staff recommends the City consider also allowing these facilities in the C-1 zoning district which is a commercial district. Nielsen also explained the current Zoning Code does not address assisted living projects. These facilities have the characteristics of an apartment, but they do not generate a lot of traffic. There is little land zoned for apartment like structures. It’s located in the R-3A zoning district near Lake Linden. He stated Staff recommends assisted living be specifically addressed in the R-3A, R-3B, R-C and C-1 zoning districts. Density should not be a factor for assisted living facilities; intensity of use should be dictated by setbacks, impervious surface, parking and building height restrictions. The C-1 District would work well for a mixed-use development, noting the C-1 District allows for three-story buildings. He noted there are two C-1 zoning districts in the City. He explained if a proposal for assisted living were presented to the City today, it would have to be viewed similar to independent living. In response to a comment from Commissioner Ruoff, Director Nielsen stated the Code would have to contain definitions for the three phases of elderly housing. Director Nielsen stated when the City first started to consider elderly housing many developers indicated they could not make a project work if it had less than 40 units; it would not pay for itself. The facilities would have to have three stories thereby needing elevators. They would not be allowed in residential districts. Independent living units, which are often cottage-like units, are allowed in residential districts. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 16 June 2009 Page 4 of 6 The R-C and C1 zoning districts are appropriate for assisted living facilities and care facilities; they allow for substantial parking and the needed density. He commented he wasn’t sure if the northwest corner of County Road 19 and Smithtown Road was large enough for a mixed-use development that could include more than one type of elderly housing. He stated he visits someone in an elderly housing development that has all three phases; it appears to work well. Commissioner Hutchins stated he used to work in the elderly housing field. He explained the trend is moving away from combining the different phases of elderly housing; their needs are very different. There is also a trend to separate physical care facilities from memory care facilities. Homes are being purchased and turned into a group home for memory care unit. Director Nielsen State law requires cities to allow for group-home care facilities which house from 6 – 10 people. In response to a question from Commissioner Ruoff, Director Nielsen stated someone could develop an assisted living facility today but it would be at a maximum density of ten units per acre. Director Nielsen stated the goal is to make it at least possible for developers to build assisted living facilities with enough units so the facilities could be financially feasible. Director Nielsen stated he wondered if the topic of elderly housing should first be discussed by the Council to ensure there is buy-in. The reason that might be appropriate is that when the Council reviewed the Comp Plan there was some comment as to whether or not changes should be made for elderly housing. Commissioner Vilett stated she thought elderly housing is essential to Shorewood long-term; if it’s not addressed Shorewood will lose residents to other cities. Acting Chair Gagne noted that’s already occurring. Commissioner Hutchins stated Shorewood is an aging community. Vilett stated she knows many residents who have one-acre lots and it’s too much for them to try and maintain, yet they don’t want to move away from the City they’ve lived in for many years. Commissioner Ruoff suggested Staff inventory what type of elderly housing facilities exist in surrounding communities. Director Nielsen stated that would be a good next step as would be determining the City’s demographics. Commissioner Arnst suggested trends for 40 – 50 year old people be considered as part of this. She thought they are going to approach retirement differently and maintain their independence much longer. Commissioner Hutchins stated more people are purchasing long-term care insurance that is applicable to in-home care so they don’t have to go to a facility. Also, more homes are being built with “mother-in- law” type units in them. He explained there is more and more pressure on the reimbursement rates by the State and the rates are not enough to help the care facilities operate. People are not able to do only private pay. He noted he knows someone in a memory care unit that costs $5,000 per month, and that does not include health care. Commissioner Arnst asked if the City allowed mother-in-law units. Director Nielsen stated it does not; many years ago the City studied that and decided it “did not want to become another Kenwood”. Commissioner Vilett stated there is going to be more and more demand for one-level residences. Arnst stated once children have moved out of their parents larger homes there is room for elderly or sickly parents to move in. Nielsen stated that maybe mother-in-law type units could be considered as part of elderly housing. He explained that the downside to allowing that is once the elderly person is no longer in the unit the house has an available apartment in it. He stated there is no reason an elderly parent has to have a separate kitchen. Vilett stated having a separate kitchen provides them with a sense of independence and it helps them not feel too intrusive. Commissioner Hutchins stated on television programs you see where people are building these units into new homes. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 16 June 2009 Page 5 of 6 Commissioner Arnst stated any multi-dwelling-unit housing has to be built to ADA standards. She then stated she has more concern about the young residents in Shorewood and the City of Minnetonka who graduate from high school or college and then can’t afford to live in these Cities. Director Nielsen explained that to make affordable starter housing something will drastically have to be done with density. The cost of a lot only is more than the cost of what the Metropolitan Council calls affordable housing. Arnst stated if the units were built correctly they could accommodate any age person. Director Nielsen explained Shorewood Ponds residents have to be at least 62 years old, noting a resident can be 55 years old if it’s a caretaker situation. He stated there are younger residents who want to be in an independent living development. He explained in independent living developments residents don’t generate as much traffic and they don’t need the amenities for children; that would change if younger people were allowed to be residents. The Federal Fair Housing Act allows discrimination in the case of elderly housing. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is a site plan review and two public hearings slated for the 7 July 2009 Planning Commission meeting; one for a Zoning Code text amendment that would allow signage in City- owned parks and the other is for conditional use permit (C.U.P.) request buy the South Tonka Little League (STLL) to display signs on the ball-field fences in the two fields it uses in Freeman Park (assuming the STLL submits a C.U.P. request). He stated he may try to identify the changes necessary to the Area Plans for Planning Districts 7 and 8 for discussion during this meeting. Acting Chair Gagne asked why the STLL’s request is coming back to the Planning Commission. The Commission already discussed the request and voted to recommend denying it. Director Nielsen explained when Council considered the STLL’s request during its 11 May 2009 meeting it denied the request for amendments to the City Code that would allow commercial advertising signs to be placed on ball field fences in Freeman Park. It also directed staff to enter into contract negotiations with the STLL that would allow STLL to place commercial advertising signs on the fences in 2009. Based on feedback from Staff, during its 26 May 2009 meeting Council then directed Staff to draft an amendment to the City Code establishing a C.U.P. provision to display signs in City parks, to draft a license agreement between the City and the STLL, to schedule a public hearing for the Code amendment and another hearing to consider the C.U.P. application from STLL. The City can revoke the C.U.P. by going through a lengthy process. Also, if the City decides it’s not a good idea to allow signs next year the City does not have to issue a license. Acting Chair Gagne stated he intended to vote not to recommend the amendment and the C.U.P. because he personally does not believe signs should be displayed on fences in City-owned parks. Director Nielsen stated Council has set the policy direction. The next step is to make the direction work. He stated he thought if it’s something worth doing, it should be done right. Commissioner Vilett stated when the Planning Commission recommended denying STLL’s request during its 3 March 2009 meeting it also suggested Council consider having the City fund more of the maintenance of and improvements to the two ball fields. She asked if anything came of that request. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 16 June 2009 Page 6 of 6 Director Nielsen stated the Park Commission did consider doing more maintenance so the STLL could use more of its funds for scholarships for kids to help fund their participation. He is not sure how it was resolved. Commissioner Arnst stated she would like some of the Park Commissioners at the 7 July 2009 Planning Commission meeting to hear their perspectives. Director Nielsen stated it will come before the Park Commission again. Director Nielsen stated if residents don’t mind the signs then so be it. He explained that Shorewood Ponds and Shorewood Oaks residents expressed they would not have issue with the signage. If the residents are okay with signage, he questioned what the Planning Commission is trying to solve. He cited the deer management program the City implemented for a few years because of resident complaints. After a couple of years the residents were complaining about the program so the Council suspended it for a year. Commissioner Vilett asked if the C.U.P. provision is specific to Freeman Park. Director Nielsen explained the provision is being written very specifically and it is primarily for characteristics of Freeman Park. Freeman Park is the only community park the City owns, and it’s a little more separated from surrounding residents. The license agreement identifies specific parameters about what the signs can look like, maintenance of them, what organizations can display the signs, etc. Commissioner Arnst commented that only 30 percent of the people using Freemen Park are residents. She stated that when she was on the Park Commission the Commission twice considered signage and both times decided against it. 5. REPORTS • Liaison to Council Director Nielsen reported on matters considered and actions taken at the 8 June 2009 Regular City Council meeting (as detailed in the minutes of that meeting). Council Liaison Zerby elaborated on Nielsen’s comments. Zerby stated he encouraged the Councilmembers to take a look at the Mark Themig and Brad Heppner property before their variance request is considered at the 22 June 2009 Council meeting because he thought the property is very unique. • SLUC Commissioner Arnst stated that on 29 July 2009 the Sensible Land Use Coalition will be conducting a tour of the new Twins stadium. • Other Commissioner Hutchins stated the resurfacing on Vine Hill Road looks terrific. 6. ADJOURNMENT Hutchins moved, Ruoff seconded, Adjourning the Planning Commission Meeting of 16 June 2009 at 8:17 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder