PC-05-06-14
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, MAY 6, 2014 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Geng called the meeting to order at 7:07 P.M.
ROLL CALL
Present: Chair Geng; Commissioners Davis and Maddy; and Planning Director Nielsen
Absent: Commissioners Labadie and Muehlberg
APPROVAL OF AGENDA
Maddy moved, Davis seconded, approving the agenda for May 6, 2014, as presented. Motion passed
3/0.
APPROVAL OF MINUTES
April 1, 2014
Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of April 1,
2014, as presented. Motion passed 3/0.
S T U D Y S E S S I O N
1. DISCUSS SENIOR HOUSING
Director Nielsen noted this is the third time the Planning Commission has started down the path of
discussing senior housing in the City. He explained there has been some interest shown by developers in
senior housing for the Smithtown Crossing Redevelopment Study area and another area in the City. He
has told the developers that the City’s density regulations will not meet their needs for the types of
projects they are considering. He recommended the Planning Commission and City Council address it
before a developer comes in with a proposal.
He explained his staff report goes through the three levels of elderly (senior) housing included in the
City’s Zoning Code, noting that the United States Department of Housing and Urban Development
(HUD) refers to it as housing for people over 55. The levels are: 1) independent living; 2) assisted living
(minimal care); and, 3) care facilities.
There are different styles of independent living with one being the “cottage style”. There were two
successful cottage style independent developments done in the City – the Shorewood Ponds and The
Seasons. Those developments seemed to have satisfied people for a time. The City does not have any
apartment style independent living, assisted living or care facilities.
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Over a year ago the City amended its Code to allow for accessory apartments. That would support adult
children moving back in with their parents and having their own living quarters or parents could move in
with their children and have their own living quarters. To date there have not been many applications
made to do that.
The senior housing developers he has spoken with have talked about various things. One talked about
having all three levels in one project. Another spoke about a cooperative senior apartments project.
The City Ordinance addresses nursing homes. Senior apartments and assisted living are not possible
under the City’s density regulations. The Smithtown Crossing Redevelopment Study area has between 4
and 6 acres depending on whether or not the last two residential lots (one of which is owned by the City)
are included. If the 4 acres were to be developed with the City’s current density of 10 units per acre only a
40-unit facility could be built. Developers want to develop larger facilities. The size of projects discussed
ranged from a 60-unit project to a 100-unit project.
There has been discussion about considering an independent living project from a density perspective and
having a reduced density for assisted living. Generally there are fewer couples living at assisted living
facilities and few of them are still driving vehicles. For care facilities parking is needed for the employees
and visitors only.
Staff has researched the elderly housing standards for eight communities in the area that have fairly
contemporary zoning ordinances – the Cities of Burnsville, Chanhassen, Chaska, Eden Prairie,
Minnetonka, Minnetrista, Plymouth and Wayzata. In general most cities that allow senior housing and
assisted living tend to reduce the density requirements somewhat.
For the Smithtown Crossing Redevelopment Study area one of the options for a mixed-use project was to
allow the entire site, including the commercial area, to be counted for density purposes. Another for that
area would be to increase the allowable density for that area (e.g., 15 or 17 units per acre). Assisted living
units would be counted as partial units (e.g., one-half units). Another approach is a density transfer which
would allow for transferring allowable density from another site and applying it to the subject site. For
example, the allowable 8 units per acre for the City-owned lot at the end of the area located in the R-1C
District could be transferred to the other 4 acres.
He recommended the Planning Commission explore some, if not all, of the options with a specific focus
on the Smithtown Crossing Redevelopment Study area. It is the only site that involves commercial
property. The property another senior housing developer was looking at is zoned R-1C which allows 10
units per acre. He is not sure he would recommend a density increase for that property because the R-1C
zoning district is supposed to be transitional zoning. He suggested changing zoning density for the
Smithtown Crossing Redevelopment Study area only and making a change so that assisted living units do
not count as full units.
One developer he spoke was considering an 80-unit project with 30 independent apartments, 30 assisted
living units and 20 beds for care. He thought the City Ordinance could be amended in such a way as to
make that project work if assisted living is not considered a full unit. If that wasn’t the case the density
would have to be increased to 15 units per acre assuming the entire site is used.
With regard to parking, the City requires two spaces per unit for any type of senior housing. A lot of cities
allow less than that. For example, Burnsville requires 1 space per dwelling unit for retirement housing
with one-half of them being enclosed. For assisted living it requires one-half space per dwelling unit. For
nursing care facilities it requires 1 space per bed plus 1 space per employee for the maximum shift of
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employees. Developers are going to argue that 2 spaces are not needed for apartment style independent
living because residents typically only have one vehicle. One way of addressing that is to require proof of
parking which requires the developer to provide for 2 spaces per unit yet only require that a lesser number
be built. The developer will have to allow for the amount of parking that would be needed be the City will
not allow for on-street parking on Smithtown Road.
For senior housing projects the City gives breaks on utility charges and park dedication fees. If the
facilities are later converted to condominiums, for example, the remainder of the park dedication fees
would have to be paid and the additional parking would have to be built.
Nielsen stated if the Commission is agreeable he would like to take some of the things discussed and put
them into ordinance format and hold a public hearing on the amendments.
In response to a comment from Commissioner Geng, Director Nielsen explained that technically the way
the Smithtown Crossing Redevelopment Study area is zoned it does not allow senior housing at all. The
City could allow that under a planned unit development (PUD) which senior housing requires. The City
could allow a mixed-use development. There currently is no standard for the C-1 zoning district. The R-C
zoning district allows 10 units per acre. It is reasonable to assume that if senior housing will be allowed in
the C-1 zoning district that the City would allow at least 10 units per acre.
Director Nielsen stated that most of the 8 cities researched don’t allow terribly high density with the
exception of Wayzata which allows as much as 43 units per acre for a project for people over 62 years
old. Commissioner Geng asked if that changed recently to accommodate the new development. Nielsen
highlighted the density of some of the other cities. He noted that Chanhassen does not allow a break for
assisted living – a unit is a unit. Geng asked if those communities are attracting senior housing
developers. Nielsen responded they are and noted the City is competing against those cities which allow
density over 10 units per acre. Nielsen noted that none of the cities allowed for high-rise apartments
senior housing. The City is in sync with the heights they allow.
Commissioner Davis noted that cooperatives have to be 3 stories high. She stated they appear to be long
structures.
Director Nielsen displayed some drawings of different types of developments.
Commissioner Davis stated she thought 80 units per acre for the Smithtown Crossing Redevelopment
Study area would be too many. She then stated there was a mixed use elderly housing project for another
city and people were not interested in the independent living units because they were associated with the
assisted living and care facilities. It ended up being all assisted living, care facility and hospice care. She
noted that she thinks that is a failed strategy. Director Nielsen stated he has seen that mixed elderly
housing work. He then stated the care facility could be separate.
Commissioner Geng stated Presbyterian Homes in Spring Park has all three levels of elderly care and
noted that it is quite a large campus.
Geng asked what potential developers are saying about the commercial aspect of the Smithtown Crossing
Redevelopment Study area. Director Nielsen stated one of the developers would like to use the entire 4
acres for senior housing, however, he told that person that the Smithtown Crossing Redevelopment Study
indicates a desire to have some of the site be commercial.
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Director Nielsen stated one developer did a senior housing project and VFW together. Commissioner
Davis said the daily lunches and bingo were a big hit.
Director Nielsen stated the City needs to be ready for when a developer wants to be serious about
redeveloping the Smithtown Crossing Redevelopment Study area.
Commissioner Geng asked how developers have reacted to the Smithtown Crossing Redevelopment
Study. Director Nielsen responded they appreciate having it.
Director Nielsen asked the Commissioners what their thoughts are on the different options he presented.
Commissioner Davis stated that all of the options should be available. Commissioner Geng concurred and
noted that doing so would maintain maximum flexibility.
Director Nielsen stated the Smithtown Crossing Redevelopment Study conveys that the more a developer
does what the City would like the more the developer gets. He then stated he thought the options could be
worked into an ordinance amendment. He noted he has no problem with it applying to just the Smithtown
Crossing Redevelopment Study area. He stated he needs to give 10 units to the acre for the R-C zoning
district more thought. He suggested looking at the R-C sites before making that suggestion.
Commissioner Davis stated her property is 1.23 acres in size. If there were to be 30 units on her property
all parking would have to be underground for residents. She then stated the co-op her mother-in-law lives
in has about 20 parking spaces outside yet she has never had a problem finding a parking space when she
goes there. There is also parking on the street behind.
Director Nielsen stated he will draft a Zoning Code text amendment which would incorporate the options
he has spoken about. He then stated he will lay out the scenarios he spoke about for the Smithtown
Crossing Redevelopment Study area (e.g., what would 15 units to the acre look like on the 4 acres). The
height for the 4 acre site would be 3 stories. The 2 residential lots, if they are included, would be limited
to 2.5 stories. He noted a public hearing would have to be held for the amendment. He stated he does not
think the Smithtown Crossing Redevelopment Study would have to be amended if the ordinance
amendment is approved.
Commissioner Davis recommended looking at the Smithtown Crossing Redevelopment Study to ensure
everything is up to date.
Commissioner Maddy expressed concern about the demographics when the baby boomer generation stops
accelerating their entry into senior living housing. He questioned what will happen to all of that housing
that gets built.
Commissioner Davis asked what will happen to all of the memory care facilities everywhere.
Commissioner Maddy clarified he does not want to shut the door on reuse for the Smithtown Crossing
Redevelopment Study area. But, he also does not want to have a huge traffic mess in 20 years.
Director Nielsen stated that by requiring proof of parking the parking situation could be handled if the
development was converted to condominiums.
Commissioner Geng stated he is intrigued by the proof of parking stipulation.
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May 6, 2014
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Commissioner Maddy stated he likes having some commercial as part of the mix for the site. He asked if
a commercial and senior living mix would be included in the text amendment strictly for the Smithtown
Crossing Redevelopment Study area. Director Nielsen noted the Smithtown Crossing Redevelopment
Study suggests a mixed use zoning district for that area. He stated that because there is only one project
area that the ordinance amendment would apply to the mixed use could be addressed with the PUD
requirements already included in the Zoning Code.
Commissioner Maddy stated during a discussion with a developer who built a multi-unit development
where one side of the structure overlooked the river and the other side overlooked the street he learned
that the first units to go were those that overlooked the street because residents wanted to watch activity
outside.
Director Nielsen stated the last time the Planning Commission discussed the Smithtown Crossing
Redevelopment Study area they wanted at least some portion of the site to be developed commercial. The
Study does not say how much should be commercial.
Commissioner Davis stated a potential developer presented a concept of some type at an American
Legion meeting.
Director Nielsen stated he will have a draft ordinance text amendment ready for the June 3 Planning
Commission meeting.
Commissioner Maddy stated the marina property could be another place for senior housing.
2. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
3. OLD BUSINESS / NEW BUSINESS
Commissioner Geng asked Director Nielsen for an update on the proposed Summit Woods planned unit
development (PUD).
Director Nielsen explained that Council approved the Development Stage plans for the PUD subject to
the Planning Commission’s recommendations and staff’s recommendations. Council also added the
condition of having staff and the developer assess the site lines and location of the driveway for the most
northerly lot. There was discussion about moving it down and possibly consolidating it with the second
lot. Staff and the developer have determined that it would be better to locate that particular driveway as
far north as possible so that it lined up with Summit Avenue versus being more around the corner from it.
That could be a moot point if Council chooses the cul-de-sac option for improving Summit Avenue
because it would not matter where the driveway enters the cul-de-sac. He noted Council and staff have
taken the residents’ comments about the roadway being substandard and having safety issues seriously
and feel serious consideration needs to be given to addressing them whether or not the PUD comes to
fruition. He stated the cul-de-sac option is the most feasible of the options albeit not ideal. He explained
that Hummingbird Road would end up being a very long cul-de-sac street. He noted that when he first
started with the City the City allowed cul-de-sacs to be 2,000 feet long. The current standard is 700 feet.
He explained if no significant improvements to the roadway are made or if other improvement options are
chosen that driveway needs to be as far north on the lot as possible. He stated the proposed driveway
turnouts will make it easier for drivers to enter onto Summit Avenue facing forward.
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He clarified that the Planning Commission will not consider the Final Plan Stage plans. He explained that
during Council’s consideration of the Development Stage plans on April 14, 2014, someone made the
comment that the Planning Commission and Council would both consider the Final Plan Stage plans. He
noted there have been times when the Planning Commission had asked to consider the final plans but that
was not the case for this PUD.
He noted that a fairly long article was published in the April 24, 2014, Sun Sailor Newspaper about the
proposed PUD.
He stated the residents have made a big issue about Summit Avenue and one resident who has been very
vocal about the roadway objects to any of the improvement options being considered.
Commissioner Geng asked Director Nielsen for an update on the proposed Boulder Cove development in
the City of Chanhassen.
Director Nielsen stated that project is moving forward. It’s his understanding that Chanhassen did conduct
some type of traffic study; something Shorewood asked for. He noted Shorewood cannot stop that
development. He explained staff had raised concerns about the new units being what is termed NextGen
(somewhat like a duplex). Chanhassen has conveyed that the developer will not get to make all of the
units NextGen; only some. Even if all of the proposed 31 units were regular single-family dwelling units
nd
the development would still generate a lot of extra traffic on West 62 Street and on Strawberry Lane.
Shorewood is going to have to look at doing some improvements to Strawberry Lane. For example,
constructing a trail or upgrading the roadway and adding a trail. He noted a lot of children walk on
Strawberry Lane. He stated if a trail were constructed there could possibly be a slight reduction in traffic
because it would be safer for children to walk to the Minnewashta Elementary School.
Commissioner Geng asked if there is any indication that Chanhassen will change its density requirements.
Director Nielsen responded he has not heard any indication of that. Nielsen stated he has not seen
anything in Chanhassen’s zoning requirements that require large lots. A 15,000 square foot lot is fairly
typical in Chanhassen. Going down to a 9,000 square foot lot would not be a big deal there. The
Metropolitan Council is pushing for affordable housing and density.
nd
He noted that West 62 Street is a substandard roadway. Any improvements to it would be a joint effort
between Shorewood and Chanhassen.
Commissioner Davis stated driving children to the School is not a pleasant experience. She then stated
that the new Smithtown Road west sidewalk is beautiful; it was a nice project. Director Nielsen concurred
that the trail is very nice.
Director Nielsen stated that planning is underway for the Smithtown Road east sidewalk/trail segment
which is slated for construction in 2015. He clarified no decision has been made regarding which side of
the roadway it should go on. He noted that the Planning Commission will go on a trail walk for that
segment this year.
There was miscellaneous discussion about the notice to remove items on the property located at 25560
Smithtown Road and a person wanting to build a tree house in a tree located in public right-of-way
(ROW).
Director Nielsen noted that on the May 12, 2014, Council meeting agenda there are three appeals to
notices to remove.
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4. DRAFT NEXT MEETING AGENDA
Director Nielsen stated a conditional use permit for Xcel Energy is slated for the June 3, 2014, meeting
agenda. There is another application that will also be on the agenda. He will have a draft ordinance for
elderly housing drafted for discussion during the meeting. He then stated that as early as June the
Planning Commission could go on a trail walk for the Smithtown Road east trail segment.
Commissioner Davis stated when that trail segment was discussed a number of years ago those were the
residents that were for it. Director Nielsen clarified some of those residents were in strong opposition to
the trail.
Commissioner Geng stated the Planning Commission needs to select liaisons to Council meetings during
its June meeting.
5. REPORTS
• Liaison to Council
Director Nielsen stated that during its April 28, 2014, meeting Council passed the Korin subdivision. He
noted the applicant is reevaluating whether or not it wants to subdivide it or sell it as one piece of
property.
There was miscellaneous discussion about some other properties not related to the Council meeting.
• SLUC
• Other
Commissioner Davis noted that she will not attend the June 3, 2014, Planning Commission meeting.
6. ADJOURNMENT
Maddy moved, Davis seconded, Adjourning the Planning Commission Meeting of May 6, 2014, at
8:22 P.M. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder