01-07-25 Planning Comm Mtg Agenda Packet
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
MONDAY, JANUARY 7, 2025 7:00 P.M.
A G E N D A
CALL TO ORDER ROLL CALL / (LIAISON) SCHEDULE
EGGENBERGER (Feb) _ _
HUSKINS () ______
HOLKER (Jan) ______
JOHNSON () ______
1. APPROVAL OF AGENDA
2. APPROVAL OF MINUTES
December 3, 2024
3. MATTERS FROM THE FLOOR
This is an opportunity for members of the public to bring an item, that is not on
tonight's agenda, but related to the governance of the City of Shorewood, to the
attention of the Planning Commission. In providing this limited public forum, the
City of Shorewood expects respectful participation. We encourage all speakers to
be courteous in their language and behavior, and to confine their remarks to
those facts that are relevant to the question or matter under discussion. Anyone
wishing to address the Commission should raise their hand and wait to be called
on. Please make your comments from the podium and identify yourself by your
first and last name and your address for the record. Please limit your comments
to three minutes. No discussion or action will be taken by the Commission on this
matter. The Commission may request the issue be forwarded to the City Council
or to staff to prepare a report and place it on the next agenda.
4. PUBLIC HEARINGS - None
5. OTHER BUSINESS
A) Variance from the side yard abutting a street setback for a proposed
portico
Location: 6040 Cajed Lane
Applicant: Eric Magistad
Tentative review at City Council: January 27, 2025
B) Discussion of subdivision regulations amendments related to
Administration and Enforcement Procedures.
Applicant: City Initiated
C) Discussion of zoning ordinance amendments to the R-3A and related
amendments needed to Implement Medium Density Land Use
Applicant: City Initiated
6. REPORTS
A) Council Meeting Report
B) Draft Next Meeting Agenda
ADJOURNMENT
1 CITY OF SHOREWOOD COUNCIL CHAMBERS
2 PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
3 TUESDAY, DECEMBER 3, 2024 7:00 P.M.
4
5 MINUTES
6
7
8 CALL TO ORDER
9
10 Chair Eggenberger called the meeting to order at 7:00 P.M.
11
12 ROLL CALL
13
14 Present: Chair Eggenberger; Commissioners Gorham, Holker, and Johnson; Planning
15 Director Darling; City Planner Griffiths; and, Council Liaison Zerby
16
17 Absent: Commissioner Huskins
18
19 1. APPROVAL OF AGENDA
20
21 Commissioner Gorham moved, Commissioner Johnson seconded, approving the agenda
22 for December 3, 2024, as presented. Motion passed 4/0.
23
24 2. APPROVAL OF MINUTES
25
26 November 19, 2024
27
28 Planning Director Darling noted that there was one typographical error on page 3 where the word
29 ‘this’ was missing that she would amend.
30
31 Commissioner Holker moved, Commissioner Johnson seconded, approving the Planning
32 Commission Meeting Minutes of November 19, 2024, as amended. Motion passed 4/0.
33
34 3. MATTERS FROM THE FLOOR
35
36 4. PUBLIC HEARINGS - NONE
37 Chair Eggenberger explained the Planning Commission is comprised of residents of the
38 City of Shorewood who are serving as volunteers on the Commission. The Commissioners
39 are appointed by the City Council. The Commission’s role is to help the City Council in
40 determining zoning and planning issues. One of the Commission’s responsibilities is to
41 hold public hearings and to help develop the factual record for an application and to make
42 a non-binding recommendation to the City Council. The recommendation is advisory only.
43
44 A. PUBLIC HEARING – CITY CODE AMENDMENTS – SACRED COMMUNITIES &
45 MICRO UNIT DWELLINGS
46 Applicant: City of Shorewood
47 Location: City-wide
48
49 City Planner Griffiths gave an overview of the proposed code amendments for sacred
50 communities and micro-unit dwellings in order to comply with a new State law. He noted that the
51 City did not really have much flexibility to make any changes to the requirements that were
52 included within the State Statute. He explained that the only policy decision that the City can
53 make on this is whether they will regulate them as a permitted use or a conditional use and noted
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 3, 2024
Page 2 of 6
1 that staff was recommending regulating them as a permitted use. He stated that staff
2 recommended approval of the proposed code amendments and noted that the majority of the
3 language was taken directly from the State Statute.
4
5 Commissioner Holker asked if there were any guidelines on what these dwellings could look like
6 or if they had to be insulated.
7
8 City Planner Griffiths stated that the State Statute provided some level of what they have to look
9 like, but it did not actually meet Minnesota Building Code requirements and would be an
10 alternative level of construction. He noted that they would have to be a habitable dwelling year-
11 round.
12
13 Commissioner Gorham asked if there needed to be bathrooms.
14
15 City Planner Griffiths stated that a typical flush-type toilet was not a requirement in the State
16 Statute, but they could have a commode.
17
18 Planning Director Darling explained that a port-a-potty would satisfy the Statute requirements.
19
20 Commissioner Gorham asked if electricity was necessary.
21
22 City Planner Griffiths stated that Statute does not provide a lot of guidance, but he would presume
23 that there would need to be electricity available, at least nearby, but the micro units themselves
24 would not necessarily need to have electricity that would typically be found in a home.
25
26 Commissioner Johnson stated that she would assume that there would be no recourse against
27 the City for lack of electricity to these units.
28
29 City Planner Griffiths stated that the way the Statute is set up it is clear that the City has a very
30 limited role in regulating these units.
31
32 Commissioner Gorham asked if State Statute 327.30, subd. 4 governed micro dwellings.
33
34 City Planner Griffiths explained that subd. 4 was the section of State Statute that referenced the
35 laundry list of requirements that these units were required to meet, such as having staff members
36 on-site and a severe weather plan.
37
38 Commissioner Gorham stated that it appeared as though these dwellings could have any look at
39 all, including being different from each other.
40
41 City Planner Griffiths stated that was correct and there were no restrictions on that type of thing.
42
43 Commissioner Holker asked if there was a limit on the number of units.
44
45 City Planner Griffiths stated that there were no limits on the number of units and gave an overview
46 of the certification process that staff would undertake for this type of use.
47
48 Commissioner Holker asked if any churches within the community have asked about this type of
49 dwelling.
50
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 3, 2024
Page 3 of 6
1 City Planner Griffiths explained that the point of this was to clarify how they would be approved
2 and that the setback for manufactured homes would also apply to the micro units.
3
4 Chair Eggenberger opened the Public Hearing at 7:14 P.M. noting the procedures used in a Public
5 Hearing. There being no comment, he closed the Public Hearing.
6
7 Commissioner Johnson moved, Commissioner Holker seconded, recommending approval
8 of the City Code Amendments regarding Sacred Communities and Micro Unit Dwellings,
9 as presented. Motion passed 4/0.
10
11 B. PUBLIC HEARING – CITY CODE AMENDMENTS – ADMINISTRATION,
12 AMENDMENTS, CONDITIONAL USE PERMITS AND INTERIM USE PERMITS
13 Applicant: City of Shorewood
14 Location: City-wide
15
16 City Planner Griffiths reviewed the proposed City Code amendments to the City’s zoning code
17 related to Conditional Use Permits, Interim Use Permits, and zoning text amendments. He
18 explained that this was really a clean-up of the code related to a section that had been accidentally
19 removed during a previous update and also updating some of the terminology.
20
21 Chair Eggenberger asked if staff had found any areas that were concerning when the was
22 reviewed or if the changes needed were just cosmetic.
23
24 Planning Director Darling explained that the cause for concern was that at some point the section
25 of the code regarding the review criteria was accidentally removed and needed to be reinstated,
26 as soon as possible.
27
28 Chair Eggenberger opened the Public Hearing at 7:20 P.M. noting the procedures used in a Public
29 Hearing. There being no comment, he closed the Public Hearing.
30
31 Commissioner Holker moved, Commissioner Johnson seconded, recommending approval
32 of the City Code Amendments – Administration, Amendments, Conditional Use Permits
33 And Interim Use Permits, as presented. Motion carried 4/0.
34
35 5. OTHER BUSINESS –
36
37 A. Discussion of Subdivision Code Amendments
38
39 Beth Richmond, HKGi, gave an overview of their company and explained that over the next few
40 months, they will be working through the process of updating the City’s subdivision code in order
41 to modernize it, make it more user-friendly, incorporate the City’s best practices and also ensure
42 Code consistency.
43
44 Commissioner Johnson asked how HKGi wanted the Commission’s feedback and noted that they
45 want their feedback today, but they do not have anything to actually look at.
46
47 Ms. Richmond explained that they are planning to come back to the Commission at their February
48 meeting in order to get feedback on the actual code language. She explained that tonight they
49 were just looking for general feedback from the Commission about whether there may be specific
50 areas within the code that they have seen that have caused problems. She noted that she can
51 review some of the findings that HKGi has found in their initial review and noted that may trigger
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 3, 2024
Page 4 of 6
1 some areas where the Commission could give feedback as well. She noted that the major themes
2 that they saw in their review were: the need to improve the usability of the code because its
3 organization and language are difficult and confusing; implement the Comprehensive Plan;
4 update and simplify the subdivision review procedures; enhance park dedication requirements;
5 and modernization of the design standards.
6
7 Chair Eggenberger asked what would happen if the City changes the code and it affects
8 someone’s property.
9
10 Planning Director Darling stated that there are some regulations within State Statute that would
11 pertain because they cannot apply changes that they make to subdivisions until at least two years
12 after they have been recorded. She stated that they would have legal non-conforming rights once
13 they are approved so, in the future this could make some properties non-conforming.
14
15 The Commission asked questions about the process for changes and requirements that will be
16 needed for subdivisions.
17
18 Ms. Richmond outlined some recommendations they will make to organize and consolidate the
19 document, numbering within the document, increasing efficiencies, and possibly lowering the
20 costs, and noted that they wanted to have a conversation about non-platted subdivisions as well.
21 She reiterated that tonight they were looking for feedback from the Commission about whether
22 they have seen things as they have worked with the subdivision code and if there were specific
23 things that they found confusing or challenging. She stated that if they did not have the specific
24 language in front of them tonight, they were welcome to send them to staff so they could be
25 forwarded to HKGi.
26
27 Commissioner Holker asked if all the updates would require approval by the Planning
28 Commission, the City Council and would also require a public hearing. She asked if they would
29 have several meetings to go through the updates or if it would all be approved at one time.
30
31 Ms. Richmond stated that they were planning to come to the Planning Commission at their
32 February meeting.
33
34 Planning Director Darling asked if they intended to have the Commission look at the entire section
35 all at once.
36
37 Ms. Richmond explained that they have the ability through Conveyo, where they can post drafts
38 of the document so the Commission can look at and it add comments, which would give them
39 the opportunity to review it without having to do it on the fly. She stated that would be the tool that
40 would allow the Commission to be able to look at the new proposed text in full and be able to
41 understand what it will look like.
42
43 Planning Director Darling confirmed that they would also hold a public hearing.
44
45 Commissioner Gorham asked if Ms. Richmond had taken a look at the City’s PUD section.
46
47 Ms. Richmond stated that the PUD section was not in the subdivision code and explained that
48 their intent was to try to specifically stay within the subdivision code.
49
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 3, 2024
Page 5 of 6
1 Commissioner Gorham asked about subdivisions, as they related to the Comprehensive Plan,
2 how HKGi would incorporate things like statements relating to physical appearance or
3 Shorewood’s unique character.
4
5 Ms. Richmond stated that typically when a city has unique characteristics or things that they want
6 to memorialize, they talk to staff about what that looks like as far as the subdivisions that they are
7 creating. She stated that it could be something where they reference the Comprehensive Plan to
8 certain maps that show topography or natural features that should be protected and reiterated
9 that for these types of things, they will often work closely with staff.
10
11 Commissioner Gorham stated that the City has not seen a lot of subdivisions, but the last two that
12 came through there was some discussion about their effect on the character of Shorewood and
13 asked if this was something that Ms. Richmond saw being addressed within the code.
14
15 Ms. Richmond stated that was a tricky comment to make because it was hard to know if that was
16 something that was controlled by the subdivision code or the zoning code.
17
18 Planning Director Darling stated that the subdivision ordinance only pertains to how property is
19 subdivided and not what it is subdivided for and the zoning ordinance will tell them what they use
20 the property for.
21
22 The Commission discussed the notification process including when a public hearing would be
23 necessary, when things would be handled administratively versus needing Planning
24 Commission/City Council involvement, and ways to make sure it was not subjective.
25
26 Ms. Richmond thanked the Commission for their feedback and questions and reiterated that if
27 anything came to mind following the meeting to let staff know so they can pass the information
28 along to her.
29
30 6. REPORTS
31
32 • Council Meeting Report
33
34 Council Liaison Zerby reported on matters considered and actions taken during the Council’s
35 recent meetings.
36
37 Chair Eggenberger expressed his appreciation to Council Liaison Zerby for everything he did for
38 both the Planning Commission and the City.
39
40 • Draft Next Meeting Agenda
41
42 Planning Director Darling stated the next agenda the Commission would review the medium
43 density ordinance amendments and a small variance request for a portico. She explained that
44 tonight would be Commissioner Gorham’s last meeting with the Commission because of his
45 swearing-in as a Councilmember.
46
47 Chair Eggenberger thanked Commissioner Gorham for his service on the Commission. He
48 suggested that they take time tonight to choose liaisons for the upcoming City Council meetings.
49
50 January – Commissioner Holker
51 February – Commissioner Eggenberger
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
DECEMBER 3, 2024
Page 6 of 6
1
2 7. ADJOURNMENT
3
4 Commissioner Holker moved, Commissioner Gorham seconded, adjourning the Planning
5 Commission Meeting of December 3, 2024, at 8:17 P.M. Motion passed 4/0.
6
Co
City ofhore.vood planning Commission Meeting Item
Title/Subject: Subdivision Ordinance Update Item
Meeting Date: January 7, 2024 5B
Prepared by: Marie Darling, Planning Director
Attachments: Memo of proposed Changes
Draft Regulations
Memo from December 3, 2024
APPLICANT: City of Shorewood
LOCATION: City -Wide
REVIEW DEADLINE: NA
BACKGROUND
This will be the first discussion of the draft ordinance and will pertain to the procedures. The attached is
not a final draft, but a work in progress. Please consider the application process for each type of
application and either compare the new draft processes in the attached to the current processes as
shown in Section 1202 of city code (either in your code books or available on the website) or how you
recall the application processes have functioned from various application that you have reviewed.
Suggestions to improve the process of applications are appropriate for this meeting as well.
Request:
Please review the drafts and let staff know if the Commission finds additional amendments are necessary
to create smooth processes or if the draft language should be amended for clarity or context. Staff will
share your comments with the consultants.
Please keep in mind that staff will be discussing the policy issues with premature subdivision/water
connections with the city council at an upcoming retreat or worksession.
Shorewood Subdivision Code Changes Summary
1202.10 Introductory Provisions
No changes yet.
1202.20 Procedures and Enforcement
In general:
• Former sections 1202.03, 1202.04, 1202.08, 1202.09, and 1202.10 were all combined into a
single section.
• Removed deadline requirements from each review procedure and created language in the
common procedures section that reflects state requirements for timing/deadlines.
• Former "plat and data requirements" section was separated out and moved into each respective
procedure's section.
• Each procedure is organized in a similar way with the same headings to make it simpler for
readers to understand.
1202.21 Common Procedures
• This is a new section that was created to house language that applies to all/most subdivision
procedures. This reduces the need for repetitive text within this section.
• Added new language about applicability, authority to file applications, application fees,
coordination of applications, deadline for action, premature subdivisions, withdrawal of
applications, successive applications, appeals of decisions, building permits and amendments.
• Sketch plan language was changed to become language describing the "pre -application
meeting." This is an optional meeting with Staff that applicants may choose to request in order
to obtain informal feedback from Staff before moving forward with the expense of preparing a
larger application. It is recommended that applicants for minor subdivisions and preliminary
plats schedule a pre -application meeting.
• Language about premature subdivisions to be crafted based on CC input from January
worksession.
1202.22 Administrative Adjustment
• This is a new process that was created out of the former "minor subdivision and lot
combination" procedure. This process can be used for lot line adjustments, lot combinations and
requests to divide a base lot upon which multi -family dwellings exist.
• The review procedure and criteria for approval are new. The post -approval action language was
taken from the former "minor subdivision and lot combination" procedure.
• Submittal requirements were updated to match current City needs and practice.
• Criteria for approval of base lot subdivisions was brought in from the zoning code (subd. 16) and
added to this section.
1202.23 Minor Subdivision
• This process was also created out of the former "minor subdivision and lot combination"
procedure. This process is intended to be used when no more than two lots are being created.
1
Additional requirements, such as the land being previously subdivided, no further subdivision
capability and no need for construction of public improvements, were added and apply to any
subdivision using this procedure.
• Submittal requirements are being updated to reflect current City needs and practice.
• The procedure was updated to incorporate a suggestion for a pre -application meeting and to
allow this type of subdivision to only be reviewed by City Council (not Planning Commission). No
public notice/hearing is required.
• Criteria for approval were added.
1202.24 Preliminary Plat
• The procedures for preliminary plat and final plat were split out from the former "major
subdivision" process.
• An Applicability section was created establishing the circumstances when a preliminary plat
would be required for a subdivision.
• Submittal requirements will be updated to reflect current City needs and practice.
• Updated the review procedure to include a recommendation for a pre -application meeting.
• Added requirement that the applicant post a sign on the property indicated that the property is
under development/subdivision review.
• Added criteria for approval.
1202.25 Final Plat
• The procedures for preliminary plat and final plat were split out from the former "major
subdivision" process.
• Submittal requirements will be updated to reflect current City needs and practice.
• Added language about final plat submittals that the City may choose to review preliminary and
final plats simultaneously and that the final plat must incorporate all changes required for the
preliminary plat and strictly conform to the preliminary plat.
• Added criteria for approval.
1202.26 Subdivision Variance
• Separated out subdivision variance language from appeals language.
• Added an applicability section.
• Submittal requirements were updated to reflect current City needs and practice.
• Removed the need for a public hearing. The new procedure involves PC review and
recommendation and CC decision.
• Updated language in criteria for approval to clarify that the variance must be consistent with the
Code and Comprehensive Plan and that the owner must demonstrate an "unusual hardship"
• Added post approval actions.
1202.27 Violations and Penalty
• Current language only mentions improvements. Language was added to broaden the scope of
when a violation might occur.
1202.30 Design Standards
No changes yet.
2
1202.40 Improvements
No changes yet.
1202.50 Park Dedication
1202.51 Dedication Required
• Language added to clarify when park dedication is required and to state the City's authority for
requiring dedication.
1202.52 Land Suitability
• Language added which states that the City is not required to accept land if that land is not usable
for parks, trails, etc. This may include land which is in a floodplain, encumbered by a utility
easement, or has steep slopes.
• Language was also added to require the developer to improve dedicated park land to a certain
level, including grading, installation of ground cover, and construction of trails when noted on
city plans.
1202.53 Dedication Calculation
• Land dedication requirements separated for residential developments (8% of total land area)
and non-residential developments (5% of total land area — staff to confirm).
• Language added to specify that the City may accept a combination of land and cash and to
describe how this will be calculated.
1202.54 Modification of Requirements
• Language added to allow subdivider to request a deviation from the Code requirements based
upon anticipated impact of subdivision, existing park and rec facilities, or proposed facilities
designated on development plans.
1202.55 Credit for Private Park and Open Space
• Language added which specifies that no park dedication credit will be given for private open
space/park land within a development. Need to confirm this direction w/staff.
1202.56 Timing
• Language was added to specify that land dedication/cash in lieu must occur at the time of final
subdivision approval
3
Chapter 1202 Subdivision Regulation
1202.00 Introductory Provisions
1202.10 Definitions
1202.20 Procedures and Enforcement
1202.21 Common Procedures
Subd. 1 Applicability
a. The requirements of this chapter shall apply to all subdivision applications and
procedures subject to development review under this Code unless otherwise stated.
b. Subdivisions which meet the following circumstances are exempt from the regulations of
this chapter:
(1) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in
size and 500 feet in width for agricultural or residential uses;
(2) Where all the resulting parcels, tracts, lots, or interests will be five acres or larger in
size for commercial and industrial uses;
(3) Creating cemetery lots; or
(4) Subdivisions resulting from court orders or the adjustment of a lot line by the
relocation of a common boundary.
Subd. 2 Building Permits
a. No lot, parcel or tract created after the effective date of this chapter shall be issued a
building permit unless the lot, parcel or tract has been created in compliance with the
subdivision regulations of the City.
b. Outlots are deemed unbuildable, and no building permit shall be issued for such
properties, except in the case of public park facilities and essential services.
Subd. 3 Authority to File Applications
a. Subdivision applications for an individual property may be initiated by:
(1) The owner of the property that is the subject of the application; or
(2) An agent authorized by the owner of the property that is the subject of the
application, which may include a lessee of the property. Evidence of such
authorization shall be the signature of the property owner.
(3) If the property subject to an application is under more than one ownership, all
owners or their authorized agents shall join in filing the application.
Subd. 4 Application Fees
a. All applications for subdivision approval shall be accompanied by a fee established by
City ordinance to pay for costs associated with the application processing and review.
Said fee ordinance will be annually reviewed and updated.
b. An escrow amount may be required by the City to pay for actual costs incurred by the
City during the review process.
c. No application shall be deemed complete for processing until the necessary fee has
been paid.
Subd. 5 Pre -Application Meeting
1
a. All applicants may choose to meet with the Zoning Administrator prior to filing a
subdivision application. The Zoning Administrator may choose to invite additional City
Staff to the meeting if necessary.
b. A pre -application meeting is an informal discussion between a potential applicant and
City Staff regarding a possible project subject to this chapter. The purpose of the
meeting is to inform applicants of the procedural requirements and minimum standards
of this chapter and the requirements or limitations imposed by other city ordinances or
plans prior to the development of a subdivision.
c. For discussion purposes, applicants must provide a sketch or concept of the proposed
subdivision to City Staff. This plan shall contain, at a minimum, plat boundary, north
arrow, graphic scale, street layout on and adjacent to plat, designation of land use and
current or proposed zoning, significant topographical or physical features and general lot
locations and layout.
d. Discussions that occur during pre -application meetings are not binding on the City and
do not constitute official assurances or representations of the City.
Subd. 6 Coordination of Applications
a. Depending on the requirements of this Code, multiple applications may be required for a
single development.
b. City Staff shall determine the order of application review based on the City Code,
including this chapter, and state requirements. Where possible, applications will be
reviewed simultaneously.
Subd. 7 Deadline for Action
a. In compliance with M.S. § 462.358, the City shall take action to preliminarily approve or
deny a subdivision application within 120 days following delivery of an application
completed in compliance with this Code, unless an extension for the review period has
been agreed to by the applicant.
b. In compliance with M.S. § 462.358, the City shall certify final approval of a subdivision
application within 60 days if the applicant has complied with all conditions and
requirements of applicable regulations and the preliminary approval.
Subd. 8 Premature Subdivisions
a. Any proposed subdivision deemed premature for development shall be denied by the
City Council.
b. The burden shall be upon the applicant to show that the proposed subdivision is not
premature.
c. A subdivision may be deemed premature should any of the following conditions exist:
(1) Lack of Adequate Drainage: A condition of inadequate drainage shall be deemed to
exist if:
(a) Surface or subsurface water retention and runoff is such that it constitutes a
danger to the structural security of the proposed structures and/or adjacent
properties.
(b) The proposed subdivision will cause pollution of water sources or damage from
erosion and siltation on downhill or downstream land.
(c) The proposed site grading and development will cause harmful and irreparable
damage from erosion and siltation on downstream land.
(d) Factors to be considered in making these determinations may include:
1. Average rainfall for the area;
2. The relation of the land to floodplains;
3. The nature of soils and subsoils and their ability to adequately support
surface water runoff and waste disposal systems;
4. The slope of the land and its effect on effluents; and
5. The presence of streams as related to effluent disposal.
(2) Lack of Adequate Water Supply. A proposed subdivision shall be deemed to lack an
adequate water supply if municipal water is not available to the plat. With the
extension of municipal water, all private wells must be capped in accordance with
State Statutes.
(3) Lack of Adequate Roads or Highways to Serve the Subdivision. A proposed
subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
(a) Roads which serve the proposed subdivision are of such a width, grade, stability,
vertical and horizontal alignment, site distance and surface condition that an
increase in traffic volume generated by the proposed subdivision would create a
hazard to public safety and general welfare, or seriously aggravate an already
hazardous condition, and when, with due regard to the advice of the City
Engineer, Hennepin County and/or the Minnesota Department of
Transportation, said roads are inadequate for the intended use.
(b) The traffic volume generated by the proposed subdivision would create
unreasonable street congestion or unsafe conditions on streets existing at the
time of the application or proposed for completion within the next two years.
(c) The roads fail to meet minimum City standards.
(4) Lack of Adequate Waste Disposal Systems. A proposed subdivision shall be deemed
to lack adequate waste disposal systems if municipal sanitary sewer is not available
to the plat or if in subdivisions for which sewer lines are proposed, there is
inadequate sewer capacity in the present system to support the subdivision if
developed to its maximum permissible density indicated in the Shorewood
Comprehensive Plan, as may be amended.
(5) Inconsistency with Comprehensive Plan. The proposed subdivision is inconsistent
with the purposes, objectives, and recommendations of the duly adopted
Comprehensive Plan of Shorewood, as may be amended.
(6) Providing Public Improvements. If public improvements, such as recreational
facilities, or other public facilities, reasonably necessitated by the subdivision, which
must be provided at public expense, cannot be reasonably provided for within the
next two fiscal years.
Subd. 9 Withdrawal of Applications
a. Any request for withdrawal of an application shall be submitted in writing to City Staff.
b. In all cases where the applicant has requested withdrawal of an application, the
associated fee paid and any costs incurred by the City in the processing of the
application shall not be refunded.
Subd. 10 Successive Applications
a. No application which has been denied wholly or in part may be resubmitted for at least
one year from the date of its submittal, unless substantial changes have been made
which warrant reconsideration, as determined by City Staff.
Subd. 11 Appeals of Decisions
a. The City Council shall serve as the Board of Adjustment and Appeals and hear and
decide any appeals of the Zoning Administrator's interpretation of this chapter.
b. All decisions made by the City regarding subdivision shall be final, except that any
aggrieved person shall have the right to appeal to the District Court in Hennepin County
within 30 days after delivery of the City decision to the appellant. Any person seeking
judicial review under this chapter must serve the City and all necessary parties, including
any landowners, within the 30-day period defined above.
Subd. 12 Registered Land Surveys
a. It is the intention of this chapter that all registered land surveys in the City should be
presented to the Planning Commission in the form of a preliminary plat in accordance
with the standards and procedures set forth in this chapter for preliminary plats.
b. The Planning Commission shall first recommend the arrangement, sizes and the
relationships of proposed tracts in the registered land surveys, and tracts to be used as
easements or roads should be so dedicated.
c. Building permits will be withheld for buildings on tracts that have been so subdivided by
registered land surveys unless a recommendation and approval have been obtained
from the Planning Commission and City Council respectively, in accordance with the
standards and procedures set forth in this chapter. The City may refuse to take over
tracts as streets or roads or to improve, repair or maintain any tracts unless so approved.
Subd.13 Amendments
The provisions of this chapter shall be amended by the City Council following a legally
advertised public hearing before the Planning Commission and in accordance with the
law, including the rules and regulations of any applicable state or federal agency.
1202.22 Administrative Adjustment
Subd. 1 Applicability. An application for an administrative adjustment shall be submitted to the
City when any of the following apply:
a. Requests to divide a portion of a lot or lots where the division is to permit the adding of
a parcel of land to an abutting lot or lots so that no additional lots are created and all
new lots meet Code requirements;
b. Requests to combine two existing platted lots or lots of record in the R-ID zoning district:
(1) Of which one or both lots are nonconforming due to insufficient lot size, width or
depth; and
(2) That results in a single lot that is not greater in area than 125% of the minimum lot
size for the R-1D zoning district;
c. Requests to divide a base lot, upon which has been constructed a two-family dwelling or
townhouse, where the division is to permit individual private ownership of a single
dwelling unit within the structure and the newly created property lines will not cause
any of the unit lots or the structure to be in violation of this chapter, the Zoning Code, or
the State Building Code.
Subd. 2 Submittal Requirements
a. Complete application, fee and escrow as specified in City's fee schedule
b. Proof of ownership of the property
c. Existing and proposed legal descriptions for the property provided as Word documents)
d. One large-scale paper copy and one digital submission of a survey prepared and signed
by a registered land surveyor which includes:
(1) North arrow, scale and date of preparation
(2) Proposed name of subdivision
(3) Original and proposed lot boundaries and dimensions
(4) Acreage of site
(5) Layout, numbers and dimensions of parcels
(6) Location and dimensions of existing structures on the site
(7) Location and dimensions of curb cuts and driveways
(8) Street layout on and adjacent to subdivision
(9) Existing and proposed easement locations
(10)Significant topographical or physical features
e. Additional information as determined necessary by the Zoning Administrator.
Subd. 3 Procedure
a. The Zoning Administrator shall review the application to determine conformance with
the Zoning and Subdivision ordinances.
b. The Zoning Administrator shall have the authority to make a final decision on the
application.
c. Following the approval or denial of the application, the Zoning Administrator shall
provide the applicant with written notice of the decision and reasons for approval or
denial.
Subd. 4 Criteria for Approval. In considering the administrative adjustment application, the
Zoning Administrator shall consider the following factors:
a. Conformance with this chapter, the Zoning Code and all other applicable ordinances,
rules and regulations; and
b. Consistency with the Comprehensive Plan's vision, mission, values and policies.
c. In addition to the criteria above, subdivisions of base lots shall meet the following
criteria:
(1) Prior to a base lot subdivision, the base lot must meet all the requirements of the
zoning district.
(2) In any residential district, there shall be no more than one principal structure on the
base lot. The principal structure on unit lots created in a base lot subdivision will be
the portion of the attached dwelling existing or constructed on the platted unit lots.
(3) A property maintenance agreement must be arranged by the applicant and
submitted to the City Attorney for their review and subject to approval. The
agreement shall ensure the maintenance and upkeep of the structure and the lots to
meet minimum City standards. The agreement is to be filed with the Hennepin
County Recorder's office as a deed restriction against the title of each unit lot.
(4) Separate public utility service shall be provided to each subdivided unit and shall be
subject to the review and approval of the City Engineer.
Subd. 5 Post -Approval Actions
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a. City approval for an administrative adjustment shall become null and void if, within one
year after such approval, the administrative adjustment has not been duly filed and
recorded with the Hennepin County Recorder's Office.
1202.23 Minor Subdivision
Subd. 1 Applicability. An application for a minor subdivision shall be submitted to the City when
all of the following apply:
a. The request to subdivide would create no more than two lots or building sites, neither of
which is capable of being further subdivided in the future;
(1) In the R-1D Single -Family Residential zoning district neither lot may be greater than
125% of the minimum lot size for the zoning district. To qualify, neither of the lots
resulting from the division may be capable of being further divided. Nor may the
property have been part of a previous minor subdivision or metes and bounds
conveyance since 1985;
b. The land has been previously subdivided by plat or registered land survey and is on file
and of record in the County Register of Deeds or Registrar of Titles;
c. The application will not cause the parcel or any structure on the parcel to be in violation
of this chapter, the Zoning Code, or the building code;
d. With the exception of sidewalks or trails, the application will not involve the
construction of any new street or road, the extension of municipal facilities, or the
creation of any public improvements; and
e. The application does not involve an outlot.
Subd. 2 Submittal Requirements
Note that these a. Complete application, fee and escrow as specified in City's fee schedule
requirements are still b. Proof of ownership of the property
being updated c. Existing and proposed legal descriptions for the property and any easements provided as
Word documents)
d. Certificate of survey prepared by a registered land surveyor.
e. The data and supportive information detailing the proposed subdivision shall be the
same as required for a preliminary plat as set forth in
The Zoning Administrator may exempt the subdivider from certain informational
requirements.
f. Additional information as determined necessary by the Zoning Administrator.
Subd. 3 Procedure
a. A pre -application meeting pursuant to § 1202.21 is suggested prior to submitting a
minor subdivision application.
b. The owner or subdivider shall submit an application for minor subdivision, together with
all necessary supplementary information listed above
c. The Zoning Administrator shall refer the application to all appropriate City Staff for
review and comment.
d. The application and any reports prepared by City Staff shall be considered at a regular
meeting of the City Council. The subdivider shall be present at the City Council meeting
to answer questions concerning the proposed subdivision.
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e. Upon receipt of the application and any reports prepared by City Staff, the City Council
shall take action on the application. Approval of the application requires a simple
majority vote of the full City Council.
Subd. 4 Criteria for Approval. In considering the minor subdivision application, the City Council
shall consider the following factors:
a. Conformance with this chapter, the Zoning Code, and all other applicable ordinances,
rules and regulations; and
b. Consistency with the Comprehensive Plan's vision, mission, values and policies.
Subd. 5 Post -Approval Actions
a. Prior to release of a Council resolution approving a minor subdivision for recording, the
subdivider shall submit the following:
(1) An up-to-date title opinion from within the last 30 days for review and approval by
the City Attorney.
(2) Deeds in favor of the City for any easements or public right-of-way that may be
required as part of the minor subdivision.
b. The subdivider must record the minor subdivision, and any required deeds for
easements or street right-of-way, with the Hennepin County Recorder within 30 days of
the date it receives the resolution approving the subdivision. Failure to record the
subdivision within 30 days shall void the approval. No building permits shall be issued for
new lots until the subdivider has provided proof of recording.
c. Prior to the expiration of a minor subdivision approval, an extension of the approval may
be granted by the City Council upon the City's receipt of a request for extension. A
request for an extension shall be in writing and filed with the City. There shall be no
charge for the filing of such request. The request for extension shall state facts showing a
good faith attempt was made to meet the recording requirement.
1202.24 Preliminary Plat
Subd. 1 Applicability. A preliminary plat application shall be submitted to the City when any of
the following apply:
a. The applicant is proposing to create three or more lots as part of a subdivision;
b. The applicant is proposing to change the exterior boundaries of an existing plat;
c. The proposed subdivision includes the creation or installation of any public
improvements as identified in ; or
d. The proposed subdivision does not qualify to be processed as an administrative
adjustment or minor subdivision.
Subd. 2 Submittal Requirements
a. Five copies of the preliminary plat shall be submitted to the Zoning Administrator. The
Note that these required filing fee as established by City Code § 1301.03 shall be paid and any necessary
requirements have not applications for variances from the provisions of this chapter shall be submitted with the
yet been updated required fee.
b. The subdivider shall prepare and submit a preliminary plat, together with any necessary
supplementary information as described below:
(1) Preliminary Plat
(a) Proposed name of subdivision. Names shall not duplicate or too closely
resemble names of existing subdivisions.
(b) Location of boundary lines in relation to a known section, quarter section or
quarter -quarter section lines comprising a legal description of the property.
(c) Names and addresses of all persons having property interest, the developer,
designer and surveyor, together with the surveyor's registration number.
(d) Graphic scale. Scale shall be expressed as one inch to 10 feet, 20 feet, 30 feet, 40
feet, 50 feet, 60 feet or 100 feet.
(e) Date of preparation and north arrow.
(f) Layout of proposed streets showing the right-of-way widths, centerline
gradients, typical cross sections and proposed names of streets in conformance
with City and County street identification policies. The name of any street
heretofore used in the City or its environs shall not be used unless the proposed
street is a logical extension of an already named street, in which event the same
name shall be used.
(g) Locations and size of proposed sewer lines and watermains or water wells.
(h) Locations and widths of proposed alleys and pedestrian ways.
(i) Location, dimension and purpose of all easements.
(j) Layout, numbers, lot areas and preliminary dimensions of lots and blocks. All
lots shall be numbered clockwise in each block and blocks shall be numbered
consecutively.
(k) Minimum front, side and rear building setback lines.
(1) When lots are located on a curve, the width of the lot at the building setback
line.
(m) Areas, other than streets, alleys, pedestrian ways and utility easements,
intended to be dedicated or reserved for public use, including the size of the
area or areas in square feet and acres.
(n) A statement of the proposed use of lots stating type of buildings with number of
proposed dwelling units or type of business, so as to reveal the effect of the
development on traffic, fire hazards and congestion of population.
(o) Public utilities, including water, sanitary sewer mains and service connections to
be installed in accordance with the standards of the City.
(p) Proposed grading, including existing and proposed contours at vertical intervals
of not more than two feet, proposed cut and fill areas, proposed building pads
showing type of house (full basement, walkout, split entry and the like) and
elevations of lowest floor and garage floor.
(q) Proposed ponding data, including the ordinary high water level, high water level
and emergency overflow elevation and route.
(2) Existing Conditions Survey
(a) Survey, prepared by a registered land surveyor, showing boundary lines and total
acreage of proposed plat clearly indicated.
(b) Existing zoning classifications for land within and abutting the subdivision.
(c) Location, widths and names of all existing or previously platted streets or other
public or private ways showing type, width and condition of improvements, if
any. Location, width and names of all existing railroad and utility rights -of -way,
parks and other public open spaces, permanent buildings and structures,
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easements and section and corporate lines within the tract and to a distance of
300 feet beyond the tract.
(d) Location and size of existing sewers, water mains, stormwater pipes, culverts,
drainage tiles or other underground facilities within the tract and to a distance
of 100 feet beyond the tract. The data as grades, invert elevations, locations of
catch basins, manholes and hydrants shall also be shown.
(e) Boundary lines of adjoining unsubdivided or subdivided land, within 300 feet
identified by name and ownership, including all contiguous land owned or
controlled by the subdivider.
(f) Topographic data, including contours at vertical intervals of not more than two
feet. Lakes, water courses, wetlands, rock outcrops, power transmission poles
and lines, vegetation and other significant features shall also be shown.
(g) Statement of interest in the plat by the Minnehaha Creek Watershed District or
the Riley -Purgatory -Bluff Creek Watershed District.
(3) Supplementary Information
(a) Any or all of the supplementary information requirements set forth in this
subdivision shall be submitted, when deemed necessary by the City Staff,
consultants, advisory bodies or City Council.
(b) Proposed protective covenants.
(c) An accurate soils report of the subdivision prepared by a registered professional
engineer qualified to perform and analyze soil materials under the laws of
Minnesota. The soils report shall consist of test holes to a depth necessary to
determine the various types of soils to be encountered before reaching a stable
base and the static water table elevation. The test holes, when ordered by the
City authorities, shall be drilled at the expense of the owner or developer and
the information disclosed shall be furnished to the City, together with a copy of
the proposed plat showing the location of each test hole. The information
required by the City shall include a report as to the various types of soils
encountered and their depths, the level of the ground water, a percolation test
and may include additional information. The number of test holes to be drilled
and their location on the property, which is proposed to be platted, will be as
directed by the City or their authorized representative. The owner shall be
required to furnish to the City a report from a recognized engineering laboratory
as to the safety and practicability of the use of the area for building
construction.
(d) A survey prepared by a qualified landscape architect, forester or arborist
identifying tree coverage in the proposed subdivision in terms of type,
weakness, maturity, potential hazard, infestation, vigor, density and spacing.
(e) If any zoning changes are contemplated, the proposed zoning plan for the areas,
including dimensions, shall be shown. The proposed zoning plan shall be for
information only and shall not vest any rights in the applicant. A separate,
concurrent application for rezoning shall be applied for.
(f) Provision for surface water disposal, ponding, drainage and flood control.
(g) Where the subdivider owns property adjacent to that which is being proposed
for the subdivision, it shall be required that the subdivider submit a sketch plan
of the remainder of the property so as to show the possible relationships
between the proposed subdivision and the future subdivision. In any event, all
subdivisions shall be required to relate well with existing or potential adjacent
subdivision.
(h) Where structures are to be placed on large or excessively deep lots that are
subject to potential replat, the preliminary plat shall indicate a logical way in
which the lots could potentially be subdivided in the future.
(i) A plan for soil erosion and sediment control both during construction and after
development has been completed. The plan shall include gradients of
waterways, design of velocity and erosion control measures, design of sediment
control measures and landscaping of the erosion and sediment control system.
(j) A vegetation preservation and protection plan that shows those trees proposed
to be removed, those to remain and the types and locations of trees and other
vegetation that are to be planted.
(k) Additional information as may be required.
Subd. 3 Procedure
a. A pre -application meeting pursuant to- is suggested prior to submitting a
preliminary plat application.
b. The owner or subdivider shall submit an application for preliminary plat, together with
all necessary supplementary information listed above. The plan shall be considered as
being officially submitted when all the information requirements have been complied
with.
c. Technical assistance reports. The Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports and provide general assistance in preparing a
recommendation to the Planning Commission and City Council.
d. Review by other commissions or jurisdictions. The Zoning Administrator shall refer
copies of the preliminary plat to the Park Commission, county, metropolitan, state or
other public jurisdictions for their review and comment, where appropriate and when
required.
e. Public Hearing
(1) Upon receipt of a complete application, the Zoning Administrator shall set a public
hearing for public review of the preliminary plat.
(2) 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 10 days prior to the hearing. Written notification of
the hearing shall be mailed no more than 30 and no less than 10 days prior to the
hearing to all owners of land within 750 feet of the boundary of the property in
question. The applicant shall post a sign on the subject property indicating that the
property is under development review.
(3) The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
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Planning Commission Action. The Planning Commission shall make a recommendation
on the application to the City Council following the close of the public hearing.
g. City Council Action.
(1) Upon receiving a recommendation from the Planning Commission, the City Council
shall act upon the preliminary plat and may impose conditions and restrictions
which are deemed necessary.
(2) A request for a time extension of the City Council's review process may be granted
by the City Council, if requested in writing by the applicant.
(3) The reasons for the City Council's action shall be recorded in the proceedings of the
Council and transmitted in writing to the applicant.
(4) Approval of the preliminary plat shall not constitute final acceptance of the layout.
Subsequent approval will be required of the engineering proposals and other
features and requirements as specified by this chapter to be indicated on the final
plat. The City Council may require revisions in the preliminary plat and final plat as it
deems necessary for the health, safety and general welfare of those living in and
near the City.
Subd. 4 Criteria for Approval. In considering the preliminary plat application, the City Council
shall consider the following factors:
a. Conformance with this chapter and all other applicable ordinances, rules, and
regulations including the City's Zoning Code; and
b. Consistency with the Comprehensive Plan's vision, mission, values and policies.
Subd. 5 Post -Approval Actions
a. If the preliminary plat is approved by the City Council, the subdivider must submit the
final plat within 180 days after the approval or approval of the preliminary plat shall be
considered void, unless a request for time extension is submitted in writing and
approved by the City Council prior to expiration of the 180-day period.
b. A reasonable time extension will be considered by the City Council, if circumstances
requiring the extension are beyond the control of the applicant.
1202.25 Final Plat
Subd. 1 Submittal Requirements
a. The owner or subdivider shall submit a final plat, together with any necessary
Note that these supplementary information. The Final Plat shall be prepared in accordance with
requirements have provisions of Minnesota State Statutes and Hennepin County regulations, and the final
not yet been updated plat shall contain the following information:
(1) Name of the subdivision, which shall not duplicate or too closely approximate the
name of any existing subdivision;
(2) Location by section, township range, county and state and including descriptive
boundaries of the subdivision, based on an accurate traverse, giving angular and
linear dimensions which must mathematically close;
(3) Name and address of surveyor making the plat;
(4) Scale of plat (the scale to be shown graphically on a bar scale), date and north
arrow;
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(5) The location of monuments shall be shown and described in reference to existing
official monuments on the nearest established street lines, including true angles and
distances to the reference points or monuments;
(6) Location of lots, streets, public highways, alleys, parks and other features with
accurate dimensions in feet and decimals of feet, with the length of radii and arcs of
all curves and with all other information necessary to reproduce the plat on the
ground. Dimensions shall be shown from all angle points of curve to lot lines;
(7) Lots shall be numbered clearly in a clockwise progression. Blocks are to be
numbered with numbers shown clearly in the center of the block;
(8) The exact locations, widths and names of all streets to be dedicated;
(9) Statement dedicating all streets, alleys and other public areas not previously
dedicated as follows: streets, alleys and other public areas shown on this plat and
not heretofore dedicated to public use are hereby so dedicated;
(10)The exact locations and widths of all easements to be dedicated;
(11)Statement dedicating all easements as follows: easements for installation and
maintenance of utilities and drainage facilities are reserved over, under and along
the strips marked "utility easements;"
(12)Detailed plans and specifications in accordance with the City of Shorewood Standard
Specifications for Construction of Public Utilities, including sanitary sewer, municipal
water systems or on -site water supply, grading, drainage and erosion control plans,
all approved by the City Engineer;
(13)Evidence that ground water controls are provided at least ten feet below level of
finished grades of plan;
(14)Comply with rules and regulations of the Minnehaha Creek Watershed District, or
Riley -Purgatory -Bluff Creek Watershed District, whichever District has jurisdiction or
statement from the District indicating that it has no interest in the plat;
(15)Any supplementary engineering data required by the city.
b. Certification required.
(1) Certification by registered surveyor in the form required by M.S. § 505.03, as
amended.
(2) Execution by all owners of any interest in the land or any holders of a mortgage
thereon of the certificates required by M.S. § 505.03, as amended, and which
certificate shall include a dedication of the utility easement and other public areas in
the form as approved by the City Council.
(3) Space for certificates of approval and review, including the date of approval and
spaces to be filled in by the signature of the Mayor and City Administrator/Clerk.
Subd. 2 Procedure
a. Submittal
(1) Within 180 days after approval of the preliminary plat, the owner or subdivider shall
submit an application for final plat, together with all necessary supplementary
information listed above.
(2) The final plat may constitute only that portion of the preliminary plat which the
subdivider proposes to record and develop at the time.
(3) The City may agree to review the preliminary and final plat simultaneously.
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(4) The final plat shall incorporate all changes, modifications, and revisions required by
the City in its approval of the preliminary plat. Otherwise, it shall strictly conform to
the approved preliminary plat.
b. Approval of the City Council.
(1) If accepted and all fees for processing the application have been paid, the final plat
shall be approved by resolution, which shall provide for the acceptance of all
agreements for basic improvements, public dedication, and other requirements as
indicated by the City Council.
(2) If denied, the grounds for any refusal to approve a plat shall be set forth in the
proceedings of the Council and reported to the person or persons applying for the
approval.
Subd. 3 Criteria for Approval. In considering the final plat application, the City Council shall
consider the following factors:
a. Substantial conformance with the approved preliminary plat and all conditions of
approval;
b. Conformance with this chapter and all other applicable ordinances, rules, and
regulations; and
c. Consistency with the Comprehensive Plan's vision, mission, values, and policies.
Subd. 4 Post -Approval Actions
a. If the final plat is approved by the City Council, the subdivider shall record it with the
Hennepin County Recorder within 30 days after the approval or approval of the final plat
shall be considered void, unless a request for time extension is submitted in writing and
approved by the City Council.
b. Prior to recording, the subdivider shall furnish the Zoning Administrator with three
blackline prints and a reproducible mylar of the final plat.
c. Upon recording the plat, the subdivider shall provide the Zoning Administrator with
evidence of the recording.
d. No building permits shall be issued for construction of any structure on any lot in the
plat until the City has received evidence of the plat being recorded by Hennepin County.
1202.26 Subdivision Variance
Subd. 1 Applicability. Subdivisions which do not meet the requirements of this chapter may
request a subdivision variance.
Subd. 2 Submittal Requirements
a. Complete application, fee and escrow as specified in City's fee schedule
b. Proof of ownership of the property
c. Legal description of the property
d. One large-scale paper copy and one digital submission of detailed written and graphic
materials fully explaining the proposed variance request
e. Explanation of undue hardship
f. Additional information as determined necessary by the Zoning Administrator
Subd. 3 Procedure
a. Requests for variances shall be filed with the Zoning Administrator on an official
application form.
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b. Upon receipt of a subdivision variance application, the Zoning Administrator shall refer
the application to all appropriate City Staff for review and comment.
c. Planning Commission action.
(1) The Planning Commission shall review the application and consider possible adverse
effects of the variance request. The Planning Commission's judgment shall be based
upon (but not limited to) the conditions set forth in -.
(2) The Planning Commission and City Staff shall have the authority to request any
additional information from the applicant deemed necessary to establish
performance conditions pertaining to the request.
(3) The Planning Commission shall make a finding of fact and recommend the actions or
conditions relating to the request as they deem necessary to carry out the intent
and purpose of this chapter. The recommendation shall be in writing and
accompanied by any report and recommendation of the City Staff. The written
recommendation of the Planning Commission shall be forwarded to the City Council.
d. City Council action. Upon receiving the request and any report of the City Staff, the City
Council shall review and take action on the variance application and make a recorded
finding(s) of fact.
(1) Approval of a request shall require passage by a simple majority vote of the full City
Council.
(2) The Council may impose any condition it considers necessary to protect the public
health, safety and welfare.
Subd. 4 Criteria for Approval
a. The City Council may grant a variance from strict compliance with the subdivision
regulations contained in this chapter when it finds that all of the following exist:
(1) That the requested variance is in harmony with the general purposes and intent of
this chapter;
(2) That the requested subdivision variance is consistent with the Comprehensive Plan
and all other applicable city plans;
(3) 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;
(4) 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;
(5) That the applicant has established that there are special circumstances or conditions
affecting the property not resulting from the actions of the applicant, such as
exceptional topographic or water conditions or inadequate access to direct sunlight
for solar energy systems, such that an unusual hardship to the owner would result if
the strict letter of these regulations was to be carried out; and
(6) After consideration of the Planning Commission recommendations, the City Council
may grant variances, subject to -, above.
Subd. 5 Post -Approval Actions
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a. City approval for a subdivision variance shall become null and void if, within one year
after such approval, the subdivision variance has not been duly filed and recorded with
the Hennepin County Recorder's Office.
b. Upon recording, the subdivider shall provide the Zoning Administrator with evidence of
the recording.
c. Violations of the conditions of a subdivision variance shall void the variance.
1202.27 Violations and Penalty
Subd. 1 Violations.
a. Sale of lots from unrecorded plats. It shall be a misdemeanor to sell, trade or otherwise
convey any lot or parcel of land as a part of, or in conformity with, any plan, plat or
replat of any subdivision or area located within the jurisdiction of this chapter unless the
plan, plat or replat shall have first been recorded in the office of the County Recorder.
b. Receiving or recording unapproved plats. It shall be unlawful for a private individual to
receive or record in any public office any plans or plats of land laid out in building lots
and streets, alleys or other portions of the same intended to be dedicated to public or
private use or for the use of purchasers or owners of lots fronting on or adjacent
thereto, and located within the jurisdiction of this chapter, unless the same shall bear
thereon, by endorsement or otherwise, the approval of the City Council.
c. Misrepresentations. Misrepresentation as to construction, supervision or inspection of
improvements. It shall be unlawful for any person, firm or corporation owning an
addition or subdivision of land within the City to represent that any improvement upon
any of the streets, alleys or avenues of the addition or subdivision or any sewer in the
addition or subdivision has been constructed according to the plans and specifications
approved by the City Council or has been supervised or inspected by the City, when the
improvements have not been so constructed, supervised, or inspected.
Subd. 2 Penalty. Anyone violating any of the provisions of this chapter shall be guilty of a
misdemeanor punishable by a fine and imprisonment as provided in State Statutes.
1202.30 Design Standards
1202.40 Improvements
1202.50 Park Dedication
1202.51 Dedication Required
Subd. 1 Because a new subdivision creates a need for parks, playgrounds and open space, a
reasonable portion of such land shall be dedicated to the public or preserved for
conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open
space.
Subd. 2 It is hereby found and declared that, pursuant to Minnesota Statutes Section 462.358,
subdivision 2b, it is reasonable to require dedication of an amount of land equal in value to
that set forth in
Subd. 3 This dedication shall be in addition to the land dedicated for streets, alleys, storm water
ponds or other public purposes.
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Subd. 4 Previously subdivided property from which a park dedication has been received, being
re -subdivided with the same number of lots, is exempt from park dedication requirements.
If, as a result of re -subdividing the property, the number of lots is increased, then the park
dedication or per -lot cash fee must apply only to the net increase of lots.
1202.52 Land Suitability
Subd. 1 The area must be suitable for parks and playgrounds and shall conform to the city plan
for parks and playgrounds within the City.
Subd. 2 The City shall not be required to accept land which will not be usable for parks, trails or
open space or which would require extensive expenditures on the part of the City to make
them usable.
Subd. 3 The City will not give park dedication credit for floodplains, wetlands, stormwater
ponding areas, land encumbered by gas pipeline or other utility easements, slopes of more
than 20% grade or for required sidewalks or walkways within road rights of way.
Subd. 4 All land dedicated for parks, trails, and/or open space shall be designed to incorporate
natural features as much as possible, such as rivers, streams, wildlife habitats, woodlands,
and ponding areas.
Subd. 5 Improvements to Dedicated Land
a. As part of the subdivision approval, the subdivider shall be responsible for making
certain improvements to dedicated park land, including, but not limited to, finish
grading, ground cover, construction of trails and clearly identifying park and trail
boundaries with city -approved markers.
b. The subdivider shall preserve all existing trees to the greatest extent possible during the
grading process on the land that is to be dedicated for a park, trail or open space.
c. Trail Construction: When the City's trail master plan identifies a trail or trails to be
constructed in the land to be subdivided, the subdivider shall be required to pay for the
construction of the trail improvements. The construction specifications of trails shall be
determined by City Staff. Whenever possible, trails shall connect with existing trails
and/or sidewalks.
1202.53 Dedication Calculation
Subd. 1 Land Dedication
a. In residential developments, 8% of the total area of each new subdivision or its
equivalent shall be dedicated for the use.
b. In non-residential developments, 5% of the total area of each new subdivision or its
equivalent shall be dedicated for the use.
Subd. 2 Cash in Lieu of Land
a. In lieu of requiring dedication of an area for parks and playgrounds, the City, at its
option, may require a developer to pay into the City Park Fund a sum of money
equivalent to 8% of the value of the raw land contained in a proposed residential
subdivision or 5% of the value of the raw land contained in a proposed non-residential
subdivision.
b. The value of the raw land contained in the proposed subdivision or development shall
be determined by the City Assessor; or as an alternative, the City may require the
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subdivider to pay into the City Park Fund a park dedication fee as provided in -
Subd. 3 If the amount of land required to be dedicated is more than the amount of land being
subdivided, the City will accept a combination of land dedication and cash payment.
Subd. 4 If the City accepts park dedication in an amount less than the amount required by
subsection (C) of this section, the developer shall pay to the city the appraised fair market
value of the remaining land required to be dedicated. The appraised value of the remaining
land required to be dedicated shall be determined by the method specified in subsection
(D)4 of this section.
1202.54 Modification of Requirements
Subd. 1 The dedication requirements based on the development's proportional share of the City
park system are presumptively appropriate. A subdivider may request a deviation from the
presumptive requirements based upon: the anticipated impact of that particular subdivision;
existing park and recreational facilities; or proposed parks, open space, recreational or
common areas and facilities open to the public as designated on development plans. The
request must be made to the City Council as part of an application for final plat approval.
The City Council, after consideration of the request, may modify or reduce the requirements
of this M.
Subd. 2 If the applicant disputes the amount of the proposed cash contribution in lieu of the
land dedication, the applicant, at their own expense, may obtain an appraisal of the
property. The appraisal shall be made by approved members of the MAI, or equivalent real
estate appraisal societies. If the City disputes such appraisal, the City may, at the applicant's
expense, obtain an appraisal of the property by a quality real estate appraisal.
1202.55 Credit for Private Park and Open Space
Subd. 1 No credit to the requirements of will be given for private
park, recreational facilities, or trails.
1202.56 Timing
Subd. 1 The requirements of this section for dedication of land or for contribution of cash in lieu
of land shall apply at the time of final plat approval, replat or minor subdivision, and shall
apply to any plat, replat or subdivision which receives final approval.
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Planning 1 Landscape Architecture I Urban Design
Planning Commission Report
To: City of Shorewood Planning Commission
From: Beth Richmond
Date: November 25, 2024
Subject: Subdivision Code Update
Meeting Date: December 3, 2024
Project Introduction
Over the next several months, the City of Shorewood will undergo a process to update its
subdivision code. The intent of the update process is to modernize the code, enhance user -
friendliness, ensure code consistency with local, state, and federal requirements and court
rulings, and incorporate municipal best practices.
HKGi was hired by the City to complete this update process. The project is separated into four
tasks:
1. Project Kick -Off
2. Code Audit
3. Draft Revisions
4. Code Adoption
Representatives from HKGi met with City Staff in September 2024 to kick off the code update
project. At this meeting, Staff provided a description of the issues and concerns that they
regularly experience while administering the subdivision code. From that meeting, as well as our
own analysis, HKGi developed a code audit report which identifies the issues with the current
code and summarizes the potential code updates that the City may wish to consider.
Code Audit Findings
The code audit report identifies the strengths and weaknesses of the City's current subdivision
code in terms of usability, organization, effective standards, and inconsistencies within code
sections and between relevant plans and existing regulations. This report summarizes the
broader issues identified with the current subdivision code in order to provide direction for Staff
and HKGi as the ordinance drafting process begins. The audit report is attached for your review.
Major themes identified as part of the code audit will be discussed in greater detail at the
Planning Commission meeting and include the following:
- Improve usability of the code
- Implement the Comprehensive Plan
- Update and simplify subdivision review procedures
- Enhance park dedication regulations
- Modernize design standards
800 Washington Avenue North, Suite 103
Minneapolis, MN 55401
Planning Commission Report
Subdivision Code Update
December 3, 2024
A more detailed issue list of potential code issues and changes was also created and will be
used by Staff and HKGi to ensure that all issues are addressed.
Planning Commission Discussion
At the meeting, Planning Commissioners will have the opportunity to provide feedback on the
current subdivision code. Commissioners should come prepared to discuss any areas of the
code which may be confusing or challenging to administer. Specifically, Commissioners will be
asked to provide input on the review process for subdivisions which are not processed with a
plat, including minor subdivisions, lot combinations, and registered land surveys.
Next Steps
Commissioners are advised that the City Council will also have the opportunity to provide
feedback on the code update at a January worksession. Council will be focused on policy -level
issues relating to the subdivision code, including required water service, premature subdivisions,
and the procedure for processing non -platted subdivisions.
HKGi will incorporate feedback from the Planning Commission and City Council into the final
audit document. Once complete, HKGi will use the audit document to begin drafting the
updates to the Code. The City is targeting March 2025 as the anticipated completion date for
this project.
Attachment
Draft code audit report
2
City of Shorewood
Code Audit
Introduction
HKGiPlanning I Larchitecture Urban Oeslgn
The City's subdivision regulations were first adopted in 2002, and have seen only targeted
updates since then. After two decades, the existing regulations as a whole have become
outdated and are no longer effective for Staff and the community. In August 2024, the City of
Shorewood selected HKGi, a Minneapolis -based consulting firm with extensive experience in
code updates, to provide technical assistance in updating the City's subdivision regulations.
Working with HKGi, the City will undertake a comprehensive update of the entire subdivision
code to modernize the regulations, enhance user -friendliness, ensure code consistency with
local, state, and federal requirements and court rulings, and incorporate municipal best
practices.
The subdivision code update project is separated into four tasks:
1. Project Kick-off
2. Code Audit
3. Draft Ordinance Revisions
4. Public Hearing and Adoption of Ordinance Revisions
HKGi met with City Staff in September to kick off the project. At this meeting, Staff provided
further context and understanding of the issues and concerns that they regularly experience
while administering the subdivision code.
The second task is the completion of an audit of the subdivision code. The code audit identifies
the strengths and weaknesses of the City's current subdivision code in terms of usability,
organization, effective standards, and inconsistencies within code sections and between
relevant plans and existing regulations. This report summarizes the broader issues identified
with the current subdivision code to provide direction for Staff and HKGi as the ordinance
drafting process in Task 3 begins. Direction from the City's Comprehensive Plan is also
incorporated into this report. A more detailed list of potential code issues and changes has been
created based on this evaluation and is attached. Staff and HKGi will use this list to ensure that
all issues identified are addressed. The following detailed code evaluation documents are
attached:
Detailed issue list
Existing procedures chart
Potential code reorganization
Major Themes for Improvement
This report highlights major themes for improvement and outlines key areas for specific
improvements that have been consolidated from the detailed issue list. For a complete list of all
recommended updates, see the attached detailed issue list.
Improve Usability of Code
800 Washington Avenue North, Suite 103
Minneapolis, MN 55401
November 25,C ,� H KGi
Shorewood Codede Audit
The current code's organization and language are difficult and often confusing for staff, elected
and appointed officials, and members of the public to use. This is largely due to the current
organizational structure of the code and the updates that have been completed in piecemeal
fashion for the last two decades. Suggested updates to improve the usability of the Code
include the following:
Reorganize code provisions by grouping similar topics together and moving language that is
more frequently used toward the beginning of the chapter.
Consolidate and eliminate redundant and conflicting language where appropriate.
Use illustrations, graphics, and tables where appropriate to explain complex concepts and
standards, compare regulations, and summarize detailed lists of information.
Address inconsistencies in capitalization, terminology, and cross-references that may have
resulted from intermittent updates over the last two decades.
Implement the Comprehensive Plan
Updates to the subdivision code should incorporate all applicable recommendations and policies
of the 2040 Comprehensive Plan. The plan recommendations that pertain to this subdivision
code update are listed below:
Require all subdivision requests to consider how nearby land might develop in the future,
ensuring new subdivisions do not negatively impact surrounding neighborhoods and street
systems.
Ensure that newly subdivided lots avoid challenging lot configurations such as backlot
divisions, flag lots, and gerrymandered property lines.
Require properties to connect to the municipal water system where it is available when
subdivision requests are for commercial purposes or residential uses. The City reserves the
right to deny permission for a subdivision development or redevelopment for subdivision if
City water is not available at that property.
Incorporate requirements for non -motorized connections into subdivision requests as
identified by the comprehensive plan.
Adjust code regulations to ensure that development agreements are carefully crafted to plan
for future development. For example, public right-of-way can be required for future streets.
Require formal platting procedures for the subdivision of land, allowing metes and bounds
divisions only in the simplest of cases.
Update and Simplify Subdivision Review Procedures
Requirements for the reviewing and processing of subdivision applications are scattered
throughout the code, making it difficult to understand which review process applies to a given
application. HKGi recommends consolidating all procedural requirements into a single section to
more easily find these requirements and determine which process should be used.
In an effort to reduce barriers, increase efficiency, and lower costs for both staff and applicants,
several updates are recommended that will streamline the administration and processing
Code Audit 2
November 25, 2024
Shorewood Code Audit
►.HKGi
procedures for subdivision requirements including updating application submittal requirements,
reducing the number of public hearings required, and the creation of an administrative approval
process for simple subdivisions. The proposed updates to subdivision procedures include:
Create a single procedures section to reduce repetition and improve ease of use which
includes sections 1202.03, 1202.04, 1202.08, 1202.09, and 1202.10.
Create a common procedures subsection to eliminate repetitive language.
Update code to align with state statute requirements, particularly pertaining to review
deadlines and subdivision exemptions.
Add language to specify how the City will determine if a subdivision is premature. This may
include requirements for City services such as water.
Review and update application submittal requirements for each individual application to
reflect current city practices.
Simplify the administration of procedures and public hearing requirements. Consider
eliminating public hearings for variance applications in order to streamline the review
process.
Consider the creation of an administrative approval process for certain types of minor
subdivisions when no variances are required.
Clarify the circumstances under which a minor subdivision may be processed.
Enhance Park Dedication Regulations
Section 1202.06 Public Lands, is currently very brief. This section should be a tool for the City to
leverage for the creation of sufficient public open spaces throughout the City. Suggested
updates to this section include the following:
Expand park dedication language to clarify the City's authority to require park dedication,
specify the type of land that is acceptable for dedication, and clarify the circumstances under
which the City will accept land dedication instead of a cash fee.
Separate the dedication requirements for residential and non-residential subdivisions.
As part of this update, review and evaluate park dedication requirements based on a
development's proportionate share. In the future, a full park dedication study should be
completed to determine the appropriate land dedication and fee amount based on the
market value of land and the City's future plans for parks and open space.
Modernize Design Standards
Section 1202.05 Design Standards includes requirements for how subdivisions should be
designed, including lots, blocks, streets, easements, and utilities. These standards should be
updated to reflect 2024 best practices as well as the expectations and current practices of the
community. Recommendations for modernizing design standards include:
Clarify requirements related to lot area, lot size, and density to be consistent with the
Comprehensive Plan and zoning code and to maintain Shorewood's unique character.
Code Audit 3
November 25, 2024
Shorewood Code Audit
ILIHKGi
Work with the City Engineer to update technical standards such as those related to street
size.
Clarify the circumstances under which private streets may be created in the City and
establish design specifications for these roadways to ensure space for emergency vehicle
access.
Consider expanding requirements for water service as part of lot subdivisions.
Allow City to require right-of-way or trail easements in areas that are identified in the
Comprehensive Plan as a non -motorized corridor as part of the subdivision process.
Next Steps
This code diagnosis will be used by HKGi and Staff as a framework for the completion of Task 3:
Draft Ordinance Revisions. HKGi will work with Staff to draft the ordinance revisions from
November to February. Beginning in early 2025, draft language will be available for Planning
Commission and City Council review, with an anticipated adoption date of March 2025 for the
updated subdivision code.
Code Audit 4