Council Memo#7B
MEETING TYPE
City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: Fees, Procedures and Application Materials Amendment — Chapters 1301,
1201 and 1202 of the Shorewood City Code
Meeting Date: January 22, 2018
Prepared by: Marie Darling, Planning Director
Reviewed by: Patti Helgesen, Assistant Planner
Attachments: Planning Directors Memorandum for January 16, 2018 PC meeting
Ordinance
Resolution and Summary Publication Ordinance
Policy Consideration: Should the Shorewood Fees and Zoning and Subdivision Regulations be amended
to revise the Land Use Application fees, procedures and application requirements?
Background: See attached memorandum for background. At their January 16, 2018 meeting, the
Planning Commission held a public hearing and voted unanimously to recommend adoption of the
proposed amendments with no changes. Their discussion is summarized in the minutes. No one from
the public requested to speak.
Notice of the Planning Commission public hearing was published in both official newspapers. In
conformance with State Statute, notice of City Council consideration of the amendment was also posted
at City Hall and included in the email notification for general city information and notices. The proposed
ordinance was also posted on the city's website.
Financial or Budget Considerations: The fee increases are proposed to cover additional expenses
related to preparing mailing labels, recording documents with Hennepin County, and publishing legal
notices. The increase in the escrow amounts are proposed to cover the cost of having the consulting
engineers and attorneys review the initial application, although City Code allows the City to charge
additional consulting fees to the applicant.
Options: Adopt the draft code amendment; modify the amendments; or refer the amendments back to
staff.
Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation
and recommends approval. Staff provide the following draft motions:
1. Move to approve an ordinance amending City Code section 1301.03 related to land use fees;
sections 1201.04, 1201.05, and 1201.25 (zoning regulations), and sections 1202.03 and 1202.09
of the subdivision regulations.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership.
5:�Planningkftnning FileslApplicationsl2017CURRENTCASE5�Fee In —se and procedures amendments�CAFJanuary 2Z 2018.d— Page 1
2. Move to approve a resolution adopting a summary publication ordinance and the text of the
summary pursuant to MN Statute 331A.01 which would inform the public of the intent and
effect of the ordinance without publishing the entire ordinance.
Next Steps and Timelines: Once adopted, the summary will be published in the official newspaper.
Once published, the ordinance becomes effective. All applications received prior to publication in the
official newspaper would be reviewed under the existing standards.
Connection to Vision / Mission: Provision of quality public services.
CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 9952-960-7900
Fax: 952-474-0128 • www.ci.shorewood.mn.us • cityha11@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Marie Darling, Planning Director
MEETING DATE: January 16, 2018
RE: City Code Text Amendments for Zoning and Subdivision Regulations
Concerning Administration and Procedures for Applications
FILE: 18.01 (Sections 1201.04, 1201.05, 1201.25, 1202.03 and 1202.09 of City Code)
Staff proposes "housekeeping amendments" to modify the procedures for zoning and subdivision
regulations to accomplish the following tasks:
• Reflect changing practices regarding mailing labels practices at Hennepin County
• Increase the distance mailed notices are sent for requests for rezoning, subdivision, and PUD
applications
• Modify the time allowed between submission of applications and the date of the public hearing
The proposed language is attached. Staff are also proposing changes to the fees to make sure that
application review is self-sustaining and to cover the increased notification and recording costs associated
with development applications. The City Council reviews fee increases. Staff also propose to correct two
references in the subdivision regulations to the appropriate city code section where the fees for subdivision
applications are codified.
Mailing labels
Many cities' code (including Shorewood's) requires mailing labels to be provided and certified by
Hennepin County. Hennepin County has informed all their cities that they will no longer be certifying lists
of property owners or providing mailing labels, but has created a service on their website to allow users the
ability to create lists of property owners, maps of affected properties and mailing labels. Initially, staff had
begun to require that applicants use the website to provide the information. What staff has found in the
short time the data base has been available is that we are spending more time assisting and correcting
problems with the labels than if we initially created the labels ourselves. Consequently, staff propose to
amend the ordinance language to remove the requirement that applicants submit mailing labels and staff
will use Hennepin and Carver County mailing label services.
Page 2
Mailed notices
At a recent City Council worksession, the Council asked staff to research whether the mailing distance is
adequate for most applications. As a result of the discussion, the City Council decided to keep the mailing
distances the same and review changes on a case by case basis. To be able to provide as much direction as
possible for applicants and developers up front, staff proposes to increase the distance requirements for
rezoning, subdivision and PUD applications and avoid a situation where the Council needs to redirect staff
to widen the notice distance after an application is submitted. Setting the distance requirements ahead of
time also prevents conflicts with the land use application review deadlines imposed by State Statute.
Public hearing/meeting schedules
The current ordinance requirements are very inflexible concerning the time between submission of
application materials and the scheduling of public hearings. Staff has proposed allowing more flexibility in
the language to permit staff to work with an applicant to improve their application to better meet code
requirements prior to bringing the application before the Planning Commission and City Council as may be
needed.
ATTACHMENTS:
Draft Ordinance Amendments
Comparison of Cities notice requirements (from City Council worksession)
CITY OF SHOREWOOD
ORDINANCE NO.550
AN ORDINANCE AMENDING THE SHOREWOOD
CITY CODE AS IT PERTAINS TO FEES, PROCEDURES 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
Site plan r ,.i,.ogifi ..,te
Comprehensive plan amendment
Pre -application
Formal Application
$200
$800 plus $1.000 escrow
Conditional use permit
Residential
Non-residential
J,Te residential (telo...,,,-.,n,,,,ie tier- )
1201.04
$2-00 $400
$500 plus $1,000 escrow
Fence permit I
1201.03 1120
Interim use permit
Residential
Non-residential
1201.04
$400
$500 plus $1,000 escrow
Planned unit development
Concept Stage
Development Stage
Final Stage
By Conditional Use Permit
1201.25
1201.25
1201.25
1201.06
$500 plus $1,000 escrow
$300 $1 nn r
plus es
$700 plus $1,000 escrow
$500 plus $1,000 escrow
1 $500 plus $1,000 escrow
Sign permits
Temporary
Permanent
1201.03.11 f
$20
Per 1997 U.B.C. Table 1-A
Site plan review
11201.03
"$200 plus $1,000
escrow
Subdivision sketch plan review
11202.034
$200
Subdivision (metes and betmdsminor subdivision)
JJ
11202.03. k42)
I $3-50-500 plus $5�00
escrow (thfee l is e loss)
LICENSE, PERMIT, SERVICE CHARGESAND MISCELLANEOUS FEES
Type of Charge/Fee
City Code
Reference
Charge/Fee
Subdivision (preliminary plat)
5 or fewer lots
Over 5 lots
1202.034(23
$3-5-0600 plus $25/lot plus
an escrow deposit, as
follows:
$1,000 ese-rew
$3,000
Subdivision (final plat)
5 or fewer lots
Over 5 lots
1202.034a(2)
$500 plus $25/lot plus an
escrow deposit, as follows:
$1,000
$2,000
Traffic Studies when required as part of another
application
Variances
Residential
Non-residential
Multiple
1201.05 and
1202.09
Escrow for estimated cost
of study to be completed
by the City's consulting
engineers plus $500.
$250 plus WO eser- w
$400
$300 plus $100 o
$500
Zoning Amendment (Text or Map)
11201.04 I
$600 plus $1,000 escrow
Zoning Permits
Park dedication (cash in lieu of land)
11201.07
1202.07
1 $20 �
$6,500/dwelling unit or 8%
of raw land value
Extension of plat approval deadline for r ora;rn
1202.03
$200 500z of, rigi
*Note: Base fees are non-refundable. Escrow deposits are to cover consulting engineer, tad
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.
Building ing pee 4
n o etio,, fee
Roofing , e ffi +
Siding o 4
11 n�
S.B.C.
S.B.C.
S.B.G.
1997 U.B.G. SECTION
4-0-7
A
1997TTR ( TABLE 1Residenlia4
AND STATE
RULE E 1300 0160
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge/Fee
City Code
Reference
Charge/Fee
Window pem+4
Plumbing ,. M4
Sit`71='t'€-c tatut
.Y.-�o--o
vet $35 minimu
State SteAute $15/fixtufe-,
or-
$ 2 G minitnum
Removal or abandopunent, undefgr-ound tanks
Demolition permit,
Sinn n mit nlieation 0
Approved sign .-.n;+ fee
Fenee no m 4
Grading/filling no m4
1Home occ-upation r mit,
r Tn,aofgr-,,,,n,l ; g +;,,n system „ , ;+
U.F.G.
S.B.C.
12n� 1�z
1l 2n�
S.B.C.
12n�
nn1�2
$35 first tank $20
pitis eae-h
additional
�
S-28
Per- 1997 U.B.G. Table 1z
I &28
Per 1997U.B.C. Table AA
32 A .,n.l A 22 R
I $inn no ll
I S-29
R.O.W. of easemenA vaea4ion e
Is-3w
R.O.W. v l 1 + +
�<�;�� u�n�e� ��a-Qa;jn
�07
�8
R.O.W. a,a,,,;n;stt!a4i ,n f o
90i.09
IP-5
excavation pe mit
Per -additional exeavatien unpaved afea
L
UHEle-r-gf-Otitld <,+;1;ty4eleca
di -eet 1.of ng tunneling
98i$9
an�l.n9
nn�
$9
$45 pef Inn L. Ft inl„s-
it fee)
$60Fer- 100 L. Ft (plus -
o
installation or
Underground „+;1;+< 4elv,.,,,,,
installation open tr-en g
LICENSE, PERMIT, SERVICE CHARGESAND MISCELLANEOUS FEES
Type of Charge/Fee I City Code I Charge/Fee
�� M
Section 2. Zoning Regulations Section 1201.04 is hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
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 and a mailing list of pr-opegy oymers lopated within 500 fecc of the subieeq
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 the 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 in 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
provided for by City Council resolution. 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 useanda mailing list, mailing Taber, and ^ map of
a within , cnn roo+ f +ho subieetpren
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 Council resolution;
(c) gar,thi 30 days aftef yer- fieatio by the staff that the
required - plan nand suppoi4ing-d4a is adequate, 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 rn� theex 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 -SW750 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;
0) 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 5W750 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 of general 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 Council resolution.
(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:
1202.03 PROCEDURES FOR FILING AND REVIEW.
Subd. 2. Preliminary Plat.
a. Filing. Five copies of the preliminary plat
Hennepin CeupAy shall be submitted to the Zoning Administrator. The required filing fee as
established by City Code Section 1301.03 Couneil resolution shall be paid and any necessary
applications for variances from the provisions of this chapter shall be submitted with the required
fee. The proposal must be submiRed by the first Tuesday of any given fnenth in or-def to be
plaeed on the Planning Commission agenda for- the first Tuesday of the following month. 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 �W750 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
1301.03by City Counei r-esol ti . 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 and ^ mailing list of...,.^pei4 , ^ s leeate,a within cnn
feet of the subjeet property obtained from and eet4ified by Hennepin County.
Section 7. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day
of 2018.
Scott Zerby, Mayor
ATTEST:
Sandie Thone, City Clerk
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 550 BY TITLE AND SUMMARY
WHEREAS, at a duly called meeting on January 22, 2018, the City Council of the City
of Shorewood adopted Ordinance No. 550 entitled "AN ORDINANCE AMENDING
CHAPTERS 1301, 1201 AND 1202 OF THE SHOREWOOD CITY CODE RELATED TO
FEES, PROCEDURES AND APPLICATION MATERIALS"; and,
WHEREAS, The City Council has adopted a lengthy ordinance related to fees, procedures
and application procedures for land use applications. The purpose of this summary is to inform the
public of the intent and effect of the ordinance and to publish only a summary of the ordinance
with the full ordinance being on file in the office of the City Clerk during regular office hours;
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD:
The City Council finds that the above title and summary of Ordinance No. 550 clearly
informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 550 by title and summary, pursuant
to Minnesota Statutes, Section 412.191, subdivision 4. Such summary is to be
substantially the same as the attached form.
A full copy of the Ordinance is available at Shorewood City Hall and on the city's website.
ADOPTED by the Shorewood City Council on this 22°a day of January 2018.
ATTEST:
Sandie Thone, City Clerk
Scott Zerby, Mayor
(Official Publication)
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 550 (SUMMARY PUBLICATION)
AN ORDINANCE AMENDING CHAPTERS 1301, 1201 AND 1202 OF THE
SHOREWOOD CITY CODE RELATING TO FEES, PROCEDURES AND APPLICATION
MATERIALS
1301.03 LAND USE FEES
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS
1201.05 ADMINISTRATION, VARIANCE AND APPEAL
1201.25 P.U.D. PLANNED UNIT DEVELOPMENT DISTRICT
1202.03 PROCEDURES FOR FILING AND REVIEW
1202.09 VARIANCES AND APPEALS
Ordinance becomes effective upon publication. The amendments in their entirety are available for review
in the City Clerk's office. Adopted by the Shorewood City Council on January 22, 2018.
s/s Sandie Thone, City Clerk