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Ord 550CITY OF SHOREWOOD ORDINANCE NO. 550 AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO FEES AND APPLICATION MATERIALS Section 1. City Code Section 1301.03 is hereby amended as follows: 1301.03 LAND USE FEES, LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee I City Code I Charge /Fee VI. Building, Zoning, Land Use Comprehensive plan amendment Pre - application $200 Formal Application $800 plus $1,000 escrow Conditional use permit 1201.04 Residential $280 $400 Non - residential $400 $100 pitis esefollv Non residential (teleeommuniea4ens) $500 plus $1,000 escrow $1000 $1000 Pitts esefov., Fence permit 1201.03 $20 Interim use permit _ 1201.04 Residential $400 Non - residential $500 plus $1,000 escrow Planned unit development Concept Stage 1201.25 $300 $100 plus eser-ow $500 plus $1,000 escrow Development Stage 1201.25 $300 $100 , plus esofov. $700 plus $1,000 escrow Final Stage 1201.25 $300 $100 plus esefow $500 plus $1,000 escrow By Conditional Use Permit 1201.06 $500 plus $1,000 escrow Sign permits 1201.03.11 If Temporary $20 Permanent Per 1997 U.B.C. Table 1 -A Site plan review 1201.03 $159$200 plus $1,000 escrow Subdivision sketch plan review 1 1202.03 1$200 Subdivision (minor subdivision) 1 1202.03 � $500 plus $500 escrow Subdivision (preliminary plat) 1202.03 $600 plus $25 /lot plus an escrow deposit, as follows: 5 or fewer lots $1,000 Over 5 lots $3,000 LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge/Fee Subdivision (final plat) 5 or fewer lots Over 5 lots 1202.03 $500 plus $25 /lot plus an escrow deposit, as follows: $1,000 $2,000 Traffic Studies when required as part of another application Multiple Escrow for estimated cost of study to be completed by the City's consulting engineers plus $500. Variances Residential Non - residential 1201.05 and 1202.09 $250 plus $150 esofe $400 $3 00 plus $100 esefa,A, $500 Zoning Amendment (Text or Map) 1 1201.04 $600 plus $1,000 escrow Zoning Permits 1 Park dedication (cash in lieu of land) 1201.07 1$20 1202.07 $6,500 /dwelling unit or 8% of raw land value Extension of plat approval 1 1202.03 $200 *Note: Base fees are non - refundable. Escrow deposits are to cover consulting engineer, attorney, and other consultant expenses. Applicants are informed that any city expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Applications with more than one required escrow account shall be required to submit the escrow based on the highest required escrow amount. —,I ,I , LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee I City Code I Charge /Fee KeJerence Section 2. Zoning Regulations Section 1201,04 is hereby amended as follows: Subd.1. Procedure. a. Application. Requests for amendments or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use r r l u r tilr�g:...:.ist 4 p ��p °tF:..� wr s ls3c tct1 wrth� ....,00 fe;et.. 4- '..the-.sulr} ct b. Staff review /technical assistance reports. Upon receipt of an application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and /or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council. (1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons or its rejection, including what information is missing. This rejection shall be sent by first -class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision. (2) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court. C. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for a regularly scheduled Planning Commission meeting occurring at least ten working days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property related to a conditional /interim use permit and 750 feet of the boundary of the property related to an amendment. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter. Section 3. Zoning Regulations Section 1201.05 Subd. 3 is hereby amended as follows: 1201.05 ADMINISTRATION, VARIANCES AND APPEAL Subd.3. Variances. a. Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon finding that all of the following criteria, as applicable, are met: (1) The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this Chapter. (2) The applicant has established that there are practical difficulties in complying with this Chapter. Practical difficulties mean: (a) The property owner proposes to use the property in a reasonable manner not permitted by this Chapter. (b) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (c) The variance, if approved, would not alter the essential character of the locality. (3) The variance would not be based exclusively on economic considerations. (4) The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street, or increase the danger of fire or endanger the public safety. (5) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. (6) The variance is the minimum variance necessary to address or alleviate the practical difficulties. b. Procedure. (1) Application. Requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as established by City Code section 1301.03. The application shall also be accompanied by three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use and a ri"l- ailing list n,-railinglaks€;ls, ; rzcl r rr..ap.. �l. Section 4. Zoning Regulations Section 1201.25 Subd. 6 is hereby amended as follows: Subd. 6. Procedure for processing a P. U.D. a. Application conference. Upon filing of an application for P.U.D., the applicant of the proposed P.U.D. is encouraged to arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his or her proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data. b. General concept plan. (1) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his or her basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements for city review and comment: (a) Overall maximum P.U.D. density range; (b) General location of major streets and pedestrian ways; (c) General location and extent of public and common open space; (d) General location of residential and nonresidential land uses with approximate type and intensities of development; (e) Staging and time schedule of development; (f) Other special criteria for development; (2) Schedule: (a) Developer meets with the Zoning Administrator to discuss the proposed development; (b) The applicant shall file the concept stage application, together with all supporting data and filing fee as established by City Code Section 1301.03; (c) The Planning Commission shall hold a public hearing; (d) The Zoning Administrator, upon verification of the application, shall instruct the City Administrator /Clerk to set a public hearing at a regular meeting of the Planning Commission. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request and be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question; (e) Failure of a property owner to receive the notice shall not in validate any proceedings as set forth within this chapter; (f) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide a general assistance in preparing a recommendation on the action to the City Council. Additionally, the request shall be referred to the Park Commission for their review and comment; (g) Upon consent of the City Council, the Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter; (h) The applicant or a representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed development; (i) Within 60 days of the public hearing, or the further time as may be agreed to by the applicant, the Planning Commission shall itself review the reports and plans and submit its written report and recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the general concept plan. If the planning commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval; (j) The Zoning Administrator, upon receipt of the Planning Commission recommendation, shall instruct the City Administrator /Clerk to set a public hearing before the City Council. Notice of the hearing shall consist of a legal property description, description of request and map detailing property location and be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question; (k) Council action: (i) Following the required publishing and notification procedure, the City Council shall hold a public hearing; (ii) The applicant or a representative thereof shall appear before the City Council in order to present the planned unit development and answer questions concerning the proposed project; (iii) The Council shall review the proposed development, any reports and recommendations of advisory commissions and city staff and testimony from the public hearing; (iv) In evaluating the request, the Council shall determine the relationship between the proposed development, the Comprehensive Plan and this chapter. Where any question exists as to city policy, the Council may, at any time, refer the project or any specific item within the project back to the Planning Commission for further study and with clarification as to the policy; (v) The City Council shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter; (vi) The City Council may require revisions to or modifications of the general concept plan where deemed necessary. Any revision or modification shall be referred to the Planning Commission for informational purposes; (vii) Within 60 days of their receipt of the concept plan and any reports or recommendations from advisory commissions or city staff, the City Council shall grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny approval of the concept plan; (3) Optional submission of development stage plan. In cases of single stage P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case, the Planning Commission and Council shall consider the plans, grant or deny development stage plan approval in accordance with the provisions of Subd. 6c. (4) Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant. Problems arising or found to exist during the development or final plan stage of a project may provide cause for the city to require modification of the general concept plan. (5) Limitation ofgeneral concept plan approval. Unless a development stage plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the P.U.D., whichever is greater, has been filed within six months from the date Council grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this chapter and of an approved general concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not received final approval and re- establishing the zoning and other ordinance provisions that would otherwise be applicable. Upon application by the applicant, the Council, at its discretion, may extend for additional periods not in excess of six months each, the filing deadline for any development stage plan, when for good cause shown, the extension is necessary. C. Development stage. (1) Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan. (2) Submission of development stage. Upon approval of the general concept plan and within the time established in Subd. 6b(5) above, the applicant shall file with the Zoning Administrator a development stage plan consisting of the information and submissions required by subdivision 5b for the entire P.U.D. or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The Development Stage Plan shall refine, implement and be in substantial conformity with the approved General Concept Plan. (3) Review and action by city staff and Planning Commission. Immediately upon receipt of a completed Development Stage Plan, the Administrator shall refer the plan to the following city staff and /or official bodies for the indicated action: (a) The City Attorney for legal review of all documents; (b) The City Engineer for review of all engineering data and the City /Developer Agreement; (c) The City Building Official for review of all building plans; (d) The Zoning Administrator for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the General Concept Plan and Comprehensive Plan; (e) The City Planning Commission for review and recommendation to the Council; (f) The Park Commission for review of public recreation and /or open space provisions; (g) When appropriate, as determined by the Zoning Administrator to other special review agencies such as the Watershed Districts, Soil Conservation Services, Highway Departments or other affected agencies. All staff or commissions designated in paragraphs (a) through (d) hereof shall submit their reports in writing to the Planning Commission and applicant at least five days prior to the date of the Planning Commission meeting at which the request is to be heard. (4) Schedule. (a) Developer meets with the Zoning Administrator and city staff to discuss specific development plans. (b) The applicant shall file the Development Stage application within six months after Concept Plan review, together with all supporting data and filing fee as established by City Code Section 1301.03. (c) Technical staff reports shall be prepared on the proposed development and distributed to the Planning Commission and the applicant at least five days prior to the date of the Planning Commission meeting at which the request is to be heard. (d) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed development. (e) The Planning Commission will make a recommendation to the City Council on the Development Stage Plan. (f) Council action: (i) The applicant or a representative thereof shall appear before the City Council in order to present the Development Stage Plan and answer questions concerning the Plan; (ii) The Council shall review the Development Stage Plan and any reports and recommendations of advisory commissions and city staff, (iii) The Council shall determine the relationship between the Development Stage Plan and the previously approved Concept Plan. (iv) Where deemed necessary, an additional public hearing may be required during the Development Stage of the P.U.D. The public hearing shall be held at the discretion of the City Council and shall comply with the procedures set forth in subdivisions 6b(2)(c) through 0) of this section. (v) The City Council may require revisions to or modifications of the Development Stage Plan where deemed necessary. Any revision or modification shall be referred to the Planning Commission for informational purposes. (vi) The Council shall approve or deny the Development Stage Plan. (vii) If approved, the Council shall instruct the City Attorney to draw up a P.U.D. agreement which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Shorewood, City Administrator /Clerk and the applicant within 30 days of Council approval of the Development Stage Plan. Where the Development Stage Plan is to be resubmitted or denied approval, the Council action shall be by written report setting forth the reasons for its action. In all cases, a certified copy of the document evidencing Council action shall be promptly delivered to the applicant by the Zoning Administrator. (5) Limitation on Development Stage Plan approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the P.U.D. has been filed within six months from the date Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this chapter and /or approved Development Stage Plan, the approval shall expire. Upon application by the applicant, the Council, at its discretion, may extend for not more than six months, the filing deadline for any Final Plan when, for good cause shown, the extension is necessary. In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the General Concept Plan approval and the Development Stage Plan approval for that portion of the P.U.D. that has not received Final Plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable. (6) Site improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the City Engineer may issue, grading permits for the area within the P.U.D. for which Development Stage Plan approval has been given. d. Final Plan. (1) Purpose. The Final Plan is to serve as a complete, thorough and permanent public record of the P.U.D. and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the P.U.D. process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the P.U.D. The Final Plan is intended only to add detail to, and to put in final form, the information contained in the Development Stage Plan and shall conform to the Development Stage Plan in all respects. (2) Schedule. (a) Upon approval of the Development Stage Plan, and within the time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages. This plan will be reviewed and approved /denied by city staff, unless otherwise specified by the City Council. (b) Within 30 days of its approval, the applicant shall cause the Final Plan, or the portions thereof as are appropriate, to be recorded with the County Registrar of Titles. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval. (3) Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final Plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied. (4) Limitations on Final Plan approval. Within one year after the approval of the Final Plan for P.U.D,, or shorter time as may be established by the approved development schedule, construction shall commence in accordance with the approved plan. Failure to commence construction within the period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the P.U.D. permit and all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in the district in which it is located. In this case, the Council shall forthwith adopt an ordinance repealing the P.U.D. permit and all P.U.D. approvals and re- establishing the zoning and other ordinance provisions that would otherwise be applicable. (5) Inspection during development. (a) Compliance with overall plan. Following Final Plan approval of a P.U.D., or a stage thereof, the Zoning Administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approval development schedule. (b) Development not proceeding according to schedule. If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the P.U.D. plans as finally approved, he or she shall immediately notify the Council. Within 30 days of the notice, the Council shall either by ordinance revoke the P.U.D. permit and the land shall thereafter be governed by the regulations applicable in the district in which it is located or shall take the steps as it shall deem necessary to compel compliance with the Final Plans as approved or shall require the landowner or applicant to seek an amendment of the Final Plan. Section 5. Subdivision Regulations Section 1202.03 Subd. 2 is hereby amended as follows: 1. 202.03 PROCEDURES FOR FILING AND REVIEW, Subd. 2. Preliminary Plat. a. Filing. Five copies of the preliminary plat shall be submitted to the Zoning Administrator. The required filing fee as established by City Code Section 1301.03 shall be paid and any necessary applications for variances from the provisions of this chapter shall be submitted with the required fee. The plan shall be considered as being officially submitted when all the information requirements have been complied with. b. Public hearing. Upon receipt of the subdivision application, the Zoning Administrator shall set a public hearing for public review of the preliminary plat. The hearing shall be established once adequate time has been allowed for staff and advisory body review of the plat. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall contain a legal property description, description of request detailing property location and be published in the official newspaper no more than 30 and no less than ten days prior to the hearing. Written notification of the hearing shall be mailed no more than 30 and no less than ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question. Section 6. Subdivision Regulations Section 1202.03 Subd. 2 a. 1. is hereby amended as follows: 1202.09 VARIANCES AND APPEALS. Subd. 1. Findings. The Planning Commission may recommend a variance from the minimum standards of this chapter, but not procedural provisions, when in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deem necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: a. There are special and highly unique circumstances or conditions affecting the property that are not common to other properties in the city and that the strict application of the provisions of this chapter would deprive the applicant of the reasonable and minimum use of its land; b. That the granting of the variance will not be detrimental to the public health or welfare or injurious to other property in the vicinity in which the property is situated; C. That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land. d. After consideration of the Planning Commission recommendations, the City Council may grant variances, subject to a, b, and c, above. Subd. 2. Variance application procedures. a. Procedure. (1) Application. Appeals or requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as established by City Code Chapter 1301.03. This fee shall not be refunded. The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development or use. Section 7. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. AD PTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 201$.