23-107 Denying a Comprehensive Plan Amendment and PUD Concept and Development Stage PUD Plan for the Property Located at 24560 Smithtown RoadCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-107
A RESOLUTION DENYING A COMPREHENSIVE PLAN AMENDMENT AND PUD CONCEPT AND
DEVELOPMENT STAGE PUD PLAN FOR THE PROPERTY LOCATED AT 24560 SMITHTOWN ROAD
WHEREAS, Admark LLC. (the "Applicant"), has submitted a request for an amendment to the
2040 Comprehensive Plan to alter the Land Use Plan from Medium Density Residential to
Commercial and a PUD Concept and Development Stage Plan for a private paddle club (the
"Request") consisting of a club house with an indoor pickleball court and a maximum of 12 self -
storage condominium units for the property legally described as:
That part of Lot 25, Auditor's Subdivision Number One Hundred Thirty -Three (133),
Hennepin County, Minnesota, described as follows:
Commencing at the intersection of the south line of said Lot 25 and its easterly
extension with the west right-of-way line of Hennepin County State Aid Highway No. 19,
Plat 57: thence southwesterly along said south line of said Lot 25 and its easterly
extension, a distance of 373.185 feet; thence northerly, parallel to that part of the west
right-of-way line of said Highway Plat lying north of the south line of said Lot 25, a
distance of 196.67 feet; thence v westerly, parallel with the north line of said Lot 25, a
distance of 72.11 feet to the point of beginning of the land to be described; thence
northerly, parallel to said west right-of-way line of said Highway Plat, a distance of
182.47 feet to the north line of said lot 25; thence westerly along said north line a
distance of 103.45 feet to the northwest corner of said Lot 25; thence southerly along
the west line of said Lot 25 a distance of 411.01 feet to the south line of said Lot 25;
thence easterly along said south line of said Lot 25 to a line drawn southerly from the
point of beginning and parallel with that part of the west right-of-way line of said
Highway Plat, lying north of the south line of said Lot 25, thence north along said last
described parallel line to the point of beginning. Being Torrens Property as evidenced
by Certificate of Title No. 788511 (the "Property"); and,
WHEREAS, the Applicant submitted the application as a PUD Concept and Development Stage
Plan due to the significant number of variances that would be required to accommodate the
Request; and,
WHEREAS, the Request has been submitted in the manner required for the development of
land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all
proceedings have been duly consistent thereunder; and,
WHEREAS, the Minnesota Statute 462.351 indicates that city's role in guiding future
development is to promote public health, safety, and general welfare.
WHEREAS, said Request is consistent in the manner of amendments to the Shorewood
Comprehensive Plan and the regulations and requirements of the laws of the State of
Minnesota and the City Code of the City of Shorewood for the approval of such a request; and,
WHEREAS, after the required notice, a public hearing was held, public testimony was taken and
the Request was reviewed by the Planning Commission at a regular meeting held on September
5, 2023 and continued to October 3, 2023, the minutes of the meeting are on file at City Hall;
and,
WHEREAS, the City Council considered the Request at its regular meeting on October 23, 2023,
at which time the application materials and plans, Planning Director's memorandum, the public
testimony provided at the public hearing, and the Planning Commission's recommendations
were reviewed, and comments were heard by the City Council from the Applicant and City staff.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The Subject Property is located in the Medium Density Residential land use classification
in the 2040 Comprehensive Plan, which allows development with 6 to 8 units per acre and Low
to Medium Density Residential development in the 2030 Comprehensive Plan, which allowed
development with 2 to 3 units per acre.
2. The Subject Property is located in the C-1 zoning district, which allows a private club or
lodge serving food and beverages as a permitted use and self -storage as a conditional use.
3. The Applicant has applied for a Comprehensive Plan amendment to have the property
re -guided to commercial, so that it is consistent with the zoning regulations.
4. The properties to the west of the Property are currently guided Medium Density
Residential, zoned R-1A and currently used as single-family residential.
5. The Applicant's proposal is identified on the application materials and plans submitted
on May 16 and 17, June 20 and 26, July 7, and September 15, 2023 (the "Plans").
6. The Applicant's proposal is to construct two buildings on one lot that will contain a
Private Paddle Club clubhouse and a maximum of 12 individual self -storage condominium units.
The north building contains the club house and a maximum of five self -storage condominium
units and the south building is proposed to contain a maximum of seven self -storage
condominium units.
7. Chapter 2 (Policy Plan) of the City's 2040 Comprehensive Plan and the Land Use Chapter
of the City's 2030 Comprehensive Plan includes several land use goals, objectives, and policies
regarding land use patterns, identified as follows:
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• Transitions between distinctly differing types of land uses shall be accomplished in
an orderly fashion which does not create a negative impact on adjacent
developments.
• Community planning and development is to consider the impact to surrounding
neighbors, neighborhoods and cities and mitigate the impact with transitions
(landscaping, berming, etc.) where possible.
• Residential neighborhoods shall be protected from adverse environmental impacts,
including noise, air, and visual pollution.
• Neighborhoods are to be maintained and where necessary, strengthened in
character, while at the same time improving and reinforcing community identity.
8. City Code section 1201.22 Subd. 4. j. of the zoning regulations requires self -storage
buildings within 50 feet of property lines to be a maximum of 15 feet in height. The southerly
building that contains only self -storage condominium uses does not meet the required setbacks
to the south and east property line and exceeds the maximum height by 8 feet.
9. City Code section 1201.22 Subd. 5. of the zoning regulations requires a 50-foot setback
from property lines adjacent to residential property for all commercial buildings and a 15-foot
setback from side property lines for properties abutting other commercial properties. The
northerly building contains the club house and is 38 feet from the west property line abutting
residential and 10 feet from the east property line, which does not conform.
10. The north building does not meet setbacks from the west or the east property lines.
The south building meets the setback to the west property line, but not the east or south
property lines.
11. The applicant has provided 13 surface parking spaces on the site. The City Code requires
six spaces for the pickleball courts; six spaces for self -storage; and five parking spaces for the
club use plus one parking space for each two seats of seating capacity for kitchen/lounge area.
The applicant has not provided a concept layout of the lounge and kitchen area of the
clubhouse building so the city has estimated the area as having a seating capacity of 20 people,
which would result in an additional 10 spaces needed for a total of 27 parking spaces.
12. City Code section 1201.03 Subd. 2 (g) (2) (b) of the zoning regulations require
nonresidential uses to provide screening along the boundary of the residential property and
that screening shall consist of landscaping at least as deep as the required setback for the
subject site and of sufficient density to provide a visual screen and reasonable buffer. Fences
are allowed in addition to, but not as a substitute for landscaping.
13. The applicant has proposed a landscaped area that is 14 feet wide tapering to seven feet
wide at its narrowest point. In the seven -foot wide area, the applicant has proposed a 14 to 16
foot gabion wall (which would require a guardrail or fence on top) and a row of arborvitae on
top of the retaining wall. This screening does not comply with the City Code requirements as
the width is not as deep as the required setback for the subject site.
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14. Section 1201.03 subd. 8 of the zoning regulations requires a conditional use permit
review of import of fill for projects with over 100 cubic yards of fill. While the applicant has
indicated that they need to import fill to the site in excess of 100 cubic yards, they have not
indicated how much fill would be required.
15. Section 1201.25 Subd. 1 j. indicates that one of the purposes of the PUD district is to
allow variation from the provisions of this chapter, including setbacks, height, lot area, width
and depth, yards and the like internally within the project. Provisions of the zoning regulations
shall generally be maintained at the periphery of the project area.
16. Section 1201.25 Subd. 1 e. indicates that one of the purposes of the PUD district is to
provide a more desirable environment than would be possible through the strict application of
zoning and subdivision regulations of the city.
17. The applicant has requested flexibility from the following zoning regulations:
a. Section 1201.03 Subd. 2 c. of the zoning regulations that prohibits multiple
principal buildings on the same parcel, except through a PUD.
b. Section 1201.22 of the zoning regulations that requires setbacks from property
lines and limits the height of buildings.
C. Section 1201.03 Subd. 4. j. provides hours of operation for self -storage facilities.
d. Section 1201.03 Subd. 2 g. (2) (b) of the zoning regulations that requires the
nonresidential use to provide screening along the boundary of the residential property and that
required screening shall consist of landscaping at least as deep as the required setback for the
subject site and of sufficient density to provide a visual screen and reasonable buffer. Fences
are allowed in addition to, but not as substitute for landscaping.
e. Section 1201.03 Subd. 2. u. allows commercial properties to have a maximum of
66 percent impervious surface coverage.
f. Sections 1201.03 Subd. 5 and 6 that identify the required amounts of parking
and loading areas for each commercial development.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby concludes that the Applicant's proposal for a Comprehensive Plan Amendment to
reguide the properties from Medium Density Residential to Commercial is in conflict with the
objectives and policies listed in Item 7 under Findings and hereby denies the Request.
B. The City Council further concludes the Applicant's Request for a PUD Concept
and Development Stage Plan for a commercial development is not consistent with the Medium
Density residential classification in Shorewood's 2040 Comprehensive Plan nor the Low to
Medium Density classification in Shorewood's 2030 Comprehensive Plan. Further, that the
Request is not consistent with the zoning requirements for setbacks, building height, parking,
screening, impervious surface coverage, and other elements of the zoning regulations that are
designed to protect adjacent residential development from the impacts of commercial
development, as identified in Items 8-14 under Findings and hereby denies the Request for a
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PUD Concept and Development Stage Plan application for development of the site with the
Request for commercial mixed use Paddle Club and luxury storage buildings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
Request for the Property is denied, subject to the findings and conclusions contained herein.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of October, 2023
ATTEST:
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Sandie Thone, City Clerk
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1 nife Labadie, Mayor
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