Staff ReportCITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhall®ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 28 April 2010
RE: Elderly Housing — Zoning Requirements
FILE NO. Zoning (Elderly Housing)
Several years ago, Shorewood amended its Zoning Code to include and encourage
elderly (senior) housing. At that time three phases of housing were identified, which -
for the most part- still exist today: I )independent living; 2)assisted living (minimal
care); and 3)care facilities. Last year the Planning Commission listened to a
presentation by Rick Fenske, a developer of senior housing projects. There was
consensus on the Commission that Shorewood's ordinances do not address the future
demand for senior housing and that it should be examined as part of a future work
Our work program for 2010 includes a discussion of "life cycle housing", which we
will start next Tuesday. As a brief introduction to the topic, following is how
Shorewood's Zoning Code addresses the three phases of elderly housing:
Independent Living. Section 1201.03 Subd. 20, a copy of which is attached as
Exhibit A, provides for elderly housing within all of the various residential zoning
districts. Densities vary from four units to the acre in the R-IA districts to 10 units
per acre in the multi -family and R-C districts. A minimum of three acres is required
for a senior housing project, which must be processed as a P.U.D.
Care Facilities. Nursing homes are allowed in the R-3A, R-313 and R-C zoning
districts, by conditional use permit. It is worth noting that no land is currently zoned
or planned for R-313 development, and only a small area along Lake Linden Road is
zoned R-3A. Provisions relative to nursing homes are attached as Exhibit B. Density
is not a factor relative to nursing homes and there is no minimum acreage
co!J� •PRINTED ON RECYCLED PAPER
Memorandum
Re: Elderly Housing — Zoning
28 April 2010
requirement. Setbacks, impervious surface, parking and building heights restrictions
dictate the intensity of the development. The City should consider allowing these
facilities in the C-1 zoning district as well.
Assisted Livine. Shorewood's Code does not currently address assisted living
projects. If one were proposed today, it would fall under the category of elderly
housing, subject to Section 1201.03 Subd. 20. Arguably, this phase of senior housing
should be treated more like care facilities where density would not be a factor. As
with care facilities, intensity of use would be dictated by setbacks, impervious
surface, parking and building height restrictions. It is recommended that "assisted
living" be addressed in the R-3A, R-313, R-C and C-1 zoning districts. Additionally,
our discussion of "mixed use" should include elderly housing.
Cc: Brian Heck
Laura Turgeon
Memorandum
Re: Elderly Housing — Zoning
28 April 2010
Section 1201.03 Subd. 20
Subd. 20. Elderly housing.
a. Purpose. The purpose of this subdivision is to provide
opportunities for elderly housing within residential zoning districts
and to maintain compatibility with other uses within those districts.
b. Conditional use. Elderly housing shall be allowed by conditional
use permit in the following zoning districts: R-1A, R-1B, R-1 C, R-
ID, R-2A, R-213, R-2C, R-3A, R-3B and R-C. In addition the
following conditions shall apply:
(1) Elderly housing projects shall be processed as planned unit
developments (P.U.D.) in compliance with § 1201.06 of
this code;
(2) Occupancy of each dwelling unit shall be limited to no
more than two adults, 62 years of age or older. Occupancy
of dwellings which qualify as "housing for older persons"
under the Federal Fair Housing Act shall be limited to two
adults, 55 years of age or older. The occupancy limitations
shall be memorialized in restrictive covenants approved by
the city and filed with the Hennepin County Recorder.
Exception: the occupancy limitations stated above shall not
apply to one adult live-in care -provider serving the needs of
the primary occupant(s), provided that if the care -provider
resides on the premises for more than 30 days, notice must
be given to the Zoning Administrator;
(3) To continue to qualify for the elderly housing classification,
the owner, homeowner's association or agency shall
annually file with the City Administrator/Clerk and the
Zoning Administrator a certified copy of a quarterly resume
of occupants of the building or buildings, listing the
number of tenants or occupants by age, by unit;
(4) Adequate off-street parking must be provided in
compliance with Subd. 5 of this section. Parking plans must
show room on the site for at least one garage space per
dwelling unit;
Exhibit A
Memorandum
Re: Elderly Housing — Zoning
28 April 2010
(5) Parking areas for five or more cars must be screened and
landscaped from view of surrounding residential property, in compliance with Subd. 2g
of this section;
(6) All signing and informational or visual communication
devices shall be in compliance with Subd. 11 of this code.
(7) All structures shall comply with the Minnesota State
Building Code;
(8) The residential density of elderly housing projects shall not
exceed the following:
(a) R-lA and R-1B: Four units per acre;
per acre; (b) R-IC, R-ID, R-2A, R-2B, and R-2C: Eight units
(c) R-3A, R-3B and R-C: Ten units per acre;
(9) The minimum site size for elderly housing projects shall be
three acres;
(10) Dwelling units may be detached or attached;
(11) Building heights shall be limited to one and one-half stories
in all districts except the R-3A, R-3B and R-C zoning
districts in which buildings may be three stories;
(12) Where allowed, multiple -family elderly housing must have
elevator service to each floor;
(13) Usable open space as defined in this chapter is equal, at a
minimum, to 20% of the gross lot area;
(14) The provisions of § 1201.04 Subd. Id(l) are considered and
satisfactorily met.
C. Fees reduced. Park dedication fees as required in § 1202.07 of this
code and local sanitary sewer access charges as required in §
904.18 Subd. 1 of this code shall be charged on the basis of the
development potential of property as currently zoned. Fees shall
not be charged for additional residential units achieved under b(8)
of this subdivision.
Memorandum
Re: Elderly Housing —Zoning
28 April 2010
Section 1201.09 Subd. 4.e.
e. Nursing homes as defined in § 1201.02, provided that:
(1) Side yards are double the minimum requirements
established for this District and are screened in compliance
with § 1201.03, Subd. 2.g.;
(2) The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be
generated;
(3) All signing and informational or visual communication
devices shall be in compliance with § 1201.03, Subd. 11.;
(4) All state laws and statutes governing the use are strictly
adhered to and all required permits are secured;
(5) Adequate off-street parking is provided in compliance with
§ 1201.03, Subd. 5.;
(6) One off-street loading space in compliance with § 1201.03,
Subd. 6. is provided;
(7) The provisions of § 1201.04, Subd. 4.d.(1) have been
considered and satisfactorily met.
Exhibit B