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PC-05-17-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 17 MAY 2011 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:03 P.M. ROLL CALL Present: Chair Geng; Commissioners Davis, Arnst, Hasek, Charbonnet, and Garelick; Planning Director Nielsen; Council Liaison Siakel. Absent: Commissioner Hutchins. APPROVAL OF AGENDA Hasek moved, Davis seconded, Approving the Planning Commission Agenda of May 17, 2011 as presented. Motion passed 6/0. APPROVAL OF MINUTES  May 3, 2011 Davis moved, Garelick seconded, Approving the Planning Commission Meeting Minutes of May 3, 2011 as presented. Motion passed 4/0/2 (Arnst and Geng abstained). 1. 7:00 P.M. PUBLIC HEARING – C.U.P. AMENDMENT TO REDUCE AGE RESTRICTION IN SHOREWOOD PONDS P.U.D. (Continued from May 3, 2011) Chair Geng explained the public hearing process for the benefit of members of the audience. Commissioner Garelick stated that he will recuse himself from Planning Commission voting on this matter, and would speak as a resident of Shorewood Ponds P.U.D. Chair Geng opened the public hearing at 7:08 P.M. Director Nielsen stated that the Shorewood Ponds P.U.D. was approved in 1999 based on the provisions of the Federal Fair Housing Act (FFHA) which allows discrimination in housing based on age. At that time the age restriction was 62 years unless the project provided significant facilities and services exclusive to the elderly, in which case the restriction could be lowered to 55 years. He said there was no specific definition of “services and facilities” other than the suggestion of transportation, health services, communal dining, etc. The law was vague enough that the one other senior development in Shorewood, The Seasons, was able to qualify for an age reduction to 55 years just by creating a directory of resources for seniors. Nielsen stated that since Shorewood adopted its rules for elderly housing the federal law has changed, no longer requiring a project to provide services for seniors in order to reduce the age restriction. The law now requires that senior housing projects publish and adhere to policies and procedures that demonstrate its intent to qualify for the exemption. Shorewood Ponds has a legally recorded declaration of covenants which the PLANNING COMMISSION MINUTES 17 May 2011 Page 2 of 4 City is a signatory to. The declaration sets forth the age restriction requirements for occupancy, which is essentially their guidebook. The applicants’ are requesting that the declaration be amended by reducing the stated age restriction for occupancy from 62 to 55 years of age. Jerome Smith, 25630 Park Lane, said he is a 10-year resident of Shorewood Ponds, and currently the Treasurer for the Homeowner’s Association. He said this idea was brought up about a year ago based on the idea that it would help the marketability of homes within the development, and that it would bring in new blood with fresh thoughts and ideas. He said there was some initial concern that they would end up with families who still had children living with them, but that has since been considered unlikely. In response to a question from Commissioner Hasek, Mr. Smith said Association voting includes one vote per unit. Lynn Baier, 6035 Pond View Dr., stated she thinks the request is premature. She said the Association Board doesn’t have written consent of the owners within the development and asked that the Commission take no action until the Board can produce written proof of written consent. She said the 62 years age limit is express warranty under state law and the Association has no right to change that or make application to change it. Larry Baier, 6035 Pond View Dr., said he has been a resident of Shorewood Ponds for 11 years, and what is being addressed is a breach of trust. They moved into the development to be among people with similar life experiences and interests and this has proven to be true. He said if this modification is condoned, they are in danger of opening the flood gates to an endless succession of restrictive modifications, losing our uniqueness and jeopardizing the value of our investments. We take pride in Shorewood Ponds with its unique covenants and support keeping it as is. Mary Donahue, 6065 Pond View Dr., stated that there are 57 written consents to the request, out of the 62 units in Shorewood Ponds and that is in accordance with the Bylaws. She said they will provide a copy of the consents to the Baiers. Michael Garelick, 6060 Pond View Dr., said that a viable community needs a mixture of people. The average age in Shorewood Ponds is 80 years old. Fifty-percent of the homes on the real estate market right now are in foreclosure. And there has been a forty-percent drop in values since the real estate bubble has broken. He stated that the residents of Shorewood Ponds are not looking for a way to get more money for their homes, they are looking for a way to balance and rejuvenate their community so Shorewood can remain the strong entity that it is. Chair Geng closed the public hearing at 7:25 P.M. Commissioner Davis said she had not thought of this as the beginning of a succession of restrictive modifications, and she wondered what those might be. Chair Geng responded that he didn’t see this as the opening of the flood gates because this is a conditional use permit which Shorewood Ponds cannot deviate from without City approval. Commissioner Hasek asked how many senior housing projects are in the City. Nielsen responded there are two, Shorewood Ponds and The Seasons. Hasek asked why Shorewood Ponds was developed with the 62 year age restriction. Nielsen said at the time of development, the FFHA required the age restriction to be set at 62 years unless onsite services and facilities were part of the plan and the developers did not propose that. Commissioner Arnst stated that she felt it is important to be clear that approval of the requested amendment is based on consistency with the regulations in the FFHA, not due to real estate marketability. Commissioner Charbonnet and Chair Geng both said they were in agreement with Arnst’s statement. PLANNING COMMISSION MINUTES 17 May 2011 Page 3 of 4 Arnst moved, Charbonnet seconded, to recommend that staff draft a resolution approving an amendment to the Shorewood Ponds Conditional Use Permit that would lower the age restriction for occupancy to 55 years. Commissioner Hasek suggested that the motion specify that approval of the request is based on the provisions of the Federal Fair Housing Act as well as the requirements within the existing Conditional Use Permit and the Declaration of Covenants. Commissioner Arnst accepted Hasek’s proposed addition to the motion, Charbonnet agreed to second the amendment of the motion. Motion passed 5/0/1 (Garelick abstained). Chair Geng announced that this matter will be on the City Council Agenda of May 23, 2011. 2. DISCUSS DEER FEEDING SURVEY A draft survey regarding a proposal to enact a ban on the feeding of deer within the City was reviewed. The purpose of the survey is to gauge how residents feel about the proposal in hopes of determining if there is support of the ban or not. Director Nielsen said it is hoped that there will be a good response that provides meaningful feedback. It is intended to include the survey in the utility bill mailing in mid June. He said the only concern is that residents who are set up to pay their bill electronically won’t respond due to the fact that they would have to get the paper survey back to City Hall non-electronically. Chair Geng commented that even if there is little response, it’s at least publicizing the proposal. Commissioner Arnst said it needs to be clear that there will be a public hearing. Commissioner Hasek suggested adding that the City hopes to hear what people have to say. The Commission discussed revisions to the content of the survey with the intent of making it clear and concise with strong key points. Nielsen said the timeline needs fine-tuning, but it is hoped that the hearing can take place in August or earlier with the goal of being ahead of deer-feeding season. 3. DISCUSS MINNESOTA GREENSTEPS CITIES RESOLUTION Director Nielsen provided a list of suggestions that could apply as the duties of the GreenStep City Coordinator. He said he will incorporate these duties into the resolution and bring that back to the th Commission at the June 7 meeting. Commissioner Davis suggested adding a community outreach component to the duties. Commissioner Arnst asked if there is an established timeline for the program steps. Nielsen said the program allows for a lenient timeframe for cities to achieve each step. They may take years if necessary. 4. MATTERS FROM THE FLOOR None. PLANNING COMMISSION MINUTES 17 May 2011 Page 4 of 4 5. OLD BUSINESS Nielsen provided an update on the progress of removing the no-right turn sign at Lake Linden Drive from the Cub Foods parking lot stating that Public Works has it on their work list when time permits. He also reported on the outcome of the Mason dock violation. And he said the reminder notices will be sent out this week to st properties needing to enclose trash receptacles by July 1. 6. NEW BUSINESS None. 7. DRAFT NEXT MEETING AGENDA The meeting of June 7, 2011 will include a public hearing regarding a C.U.P. for accessory space; review of the revised GreenStep Cities resolution; and discussion of the deer feeding ban survey and timeframe. 8. REPORTS • Liaison to Council Commissioner Davis reported on items considered and actions taken by the City Council at their meeting of May 9, 2011. • SLUC Commissioner Arnst stated that she was at a program in March for Complete Streets, presented by Julie Skallman of the Minnesota Dept. of Transportation. Arnst reported that Skallman said MNDot is currently reviewing their MSA policies with regard to lane widths, etc. and she very strongly suggested that those policies are going to be relaxed. Arnst said that will have an impact on our MSA streets in a positive way, and suggested that staff stay on top this. She said she didn’t know if the policy committee has made its recommendations yet, but it will be a good thing. • Trail Committee Commissioner Hasek reported that the Committee has prioritized the trails within the City and plans to review this at their next meeting. 9. ADJOURNMENT Arnst moved, Davis seconded, Adjourning the Planning Commission Meeting of May 17, 2011 at 8:36 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder