Planning Commission Meeting Memo - April 1, 2025 and MinutesC;; f9horewood Planning Commission Meeting Item
Title/Subject: Rezoning Three Parcels to R-3A Item
Meeting Date: April 1, 2025 48
Prepared by: Jake Griffiths, Planning Director
Attachments: Location Map
LOCATION: 24560, 24590, and 24620 Smithtown Rd
APPLICANT: City of Shorewood
BACKGROUND
The Comprehensive Plan is a "road map" for the community. It establishes the vision and goals for the
future and follows three basic questions: what is the state of the community today, what should the
community be in the future, and how will the community get there. The Comprehensive Plan provides the
foundation for all land use and zoning regulation in the City, and all decisions made by the City must be
consistent with the Comprehensive Plan pursuant to Minnesota State Statute § 462.357, Subd. 2. (c).
As part of the 2040 Comprehensive Plan, the City reguided three parcels to the Medium Density
residential land use classification of 6-8 units per acre. This change was adopted in order to meet
minimum net density and affordable housing requirements imposed on the City by the State of Minnesota
through the Metropolitan Council.
REQUEST
Recently, the City adopted zoning ordinance amendments that amended the R-3A zoning district to allow
development that would be consistent with the medium density land use classification. Tonight's request
is the final step of implementing the 2040 Comprehensive Plan's medium density direction by applying
the newly amended R-3A zoning district to the three properties located at 24560 Smithtown Rd, 24590
Smithtown Rd and 24620 Smithtown Rd. This request is not tied to any specific development proposal and
is largely a housekeeping item that is being brought forward in order to maintain consistency between the
Comprehensive Plan and zoning regulations as required by State Statute.
Notice of the request was mailed to all property owners within 750 feet by postcard and a sign was
posted on the affected properties. Notice of the public hearing was also published in the City's official
newspaper and mailed to all property owners within 750 feet of the subject properties at least 10 days
prior to the public hearing, was posted on the City's website and at City Hall. As of the publication of this
report no public comments have been received regarding this request.
ANALYSIS
The City is proposing to rezone the properties to R-3A. Requests for zoning map amendments are
reviewed according to the following standards:
0 The proposed action is consistent with the City's Comprehensive Plan.
Page 2
The Comprehensive Plan guides the three properties as Medium Density Residential. The R-3A
zoning district was recently amended specifically to implement the guidance of the
Comprehensive Plan. The application of the zoning district is appropriate and is necessary in order
to ensure consistency between the Comprehensive Plan and the City's zoning regulations.
• The proposed use is compatible with present and future land uses in the area.
The existing uses on each of the subject properties may continue as a legal nonconforming use
indefinitely. However, if it redevelops to another use, it must be redeveloped with medium density
housing consistent with the R-3A zoning district. The properties are located near the intersection
of Smithtown Rd and County Rd 19 and will provide a transition between the existing commercial
properties to the east, and the low -density residential neighborhoods to the west.
• The proposed use would not tend to depreciate the area and would promote and enhance the
general public welfare and not be detrimental to or endanger public health or safety.
Property values in Shorewood are highly resilient to the impact from zoning district changes and
new development. It is not likely that redevelopment of any of the properties would depreciate
the area as long as the development is consistent with the requirements of the City Code.
• The proposed uses can be accommodated with existing public services and would not overburden
the City's service capacity.
All three parcels have the ability to be connected to the municipal water and sewer systems, and
existing local infrastructure is adequately sized to provide utilities to the properties. The adjacent
road networks are adequately designed to accommodate any traffic generated by medium density
residential uses.
RECOMMENDATION
Staff recommends approval of the rezoning request in order to meet the requirements of Minnesota State
Statute § 462.357, Subd. 2. (c) and align the zoning classification of the three properties with the policy of
the Comprehensive Plan.
Location Map
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DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 1, 2025
Page 4 of 17
Chair Huskins noted that he was not aware that there was not an existing garage structure
Mr. Wallace explained that, in the past, there was a single -stall garage on a separate portion of
the property, but the driveway did not go to it, so he was not sure of the overall history of the
structure. He stated that the current plans call for the driveway to be located at the end of the
existing gravel driveway.
Commissioner Eggenberger moved, Commissioner Holker seconded, recommending
approval of a Variance to Construct a Detached Garage Structure for applicant, Dan
Wallace at 5765 Eureka Road, subject to the conditions listed in the staff report. Motion
passed 410.
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B. PUBLIC HEARING — REZONING THREE PARCELS TO R-3A
Applicant: City -initiated Request
Location: 24560, 24590, and 24620 Smithtown Road
Planning Director Griffiths explained that this item was essentially a bit of housekeeping with the
City's Zoning Code and to carry out the intent of several years of planning decisions that had
been made by the City related to the Medium Density Zoning District. He reviewed details within
the 2040 Comprehensive Plan and the requirement for rezoning certain properties to meet the
minimum net density and affordable housing requirements that have been imposed on the City
by the Met Council. He noted that the text amendments to the Medium Density Zoning District
section of the City Code were approved last month, and now they were moving forward with
changing the zoning of the properties to be what the City had said it would be. He explained that
two of the three properties in this application were vacant, and the other was a single-family home,
but explained that even if the property was rezoned it would not really change anything for the
property owner in the short term. He clarified that they can continue to live on this property as
long as they would like and there would be no push by the City to have this developed. He
reviewed the criteria used in evaluating this rezoning and explained that staff recommended
approval to align the zoning classification of these properties with the policy within the
Comprehensive Plan. He noted that the City had received one comment on this request prior to
tonight's meeting and read aloud the comment received from Brian Megan, 5670 Christopher
Road.
Chair Huskins asked if Planning Director Griffiths had stated that the two properties to the east
were currently zoned Commercial, and thought that the middle property was the one that had the
single-family home on it.
Planning Director Griffiths stated that the single-family home was on the middle property.
Chair Huskins asked for some background on how a single-family home was located on a parcel
guided for commercial use.
Planning Director Griffiths displayed the zoning map and explained that he had misspoken and
explained that the property located the farthest east was zoned Commercial and pointed out the
location of the single-family and EDA-owned lots.
DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 1, 2025
Page 5 of 17
Chair Huskins stated that he believed the EDA-owned property had a number of applications that
the City Council had denied for multi -family projects, as well as one related to pickleball courts.
Commissioner Holker stated that she recollected that the Commission had recommended
approval of a limited townhome project that came through after the pickleball court application.
Planning Director Griffiths stated that last fall, the Planning Commission had recommended
approval of a medium -density, detached townhome style development for that site, but noted that
this rezoning was not tied to that in any way. He explained that the City simply had to go through
with rezoning the properties, regardless of what applications were submitted. He noted that staff
had received the next step information for the project just referenced and should come back
before the Commission at an upcoming meeting.
Commissioner Magistad noted that these were long, narrow parcels and asked if there was any
expectation that any high -density housing developments would be coordinated across the
parcels.
Planning Director Griffiths stated that this would be zoned medium density, which was six to eight
units per acre. He noted that coordinating something across all three parcels would be up to the
developer, but noted that the property farthest east was already working on its own.
Commissioner Magistad asked if the single-family home property could indefinitely exchange
hands and be rebuilt as a single-family home.
Planning Director Griffiths confirmed that the single-family home could be sold as many times as
they liked but with the tearing down and rebuilding portion of the question, there would be some
restrictions with those actions but clarified that if they kept the same footprint, essentially, they
could continue to do as they like with a single-family home.
Commissioner Holker stated that the last time this was discussed, she believed the former
Planning Director Darling had said something about the fact that for the City -owned lot, the City
would most likely not do anything with that lot until the single-family home went away.
Planning Director Griffiths stated that he would agree that there was no plan for that parcel, nor
had one been discussed.
Commissioner Eggenberger stated that Planning Director Griffiths had stated that there would
really be no downside for the person who owned the single-family lot because they can live in it,
sell it, or have a medium -density housing project on it. He asked if a possible downside would be
that the people buying the home would not want higher density on either side of them.
Planning Director Griffiths agreed that, in theory, that could be a downside from an aesthetic
perspective for the homeowner, but noted that the criteria used from a zoning change perspective
was property values and these types of changes do not have a substantial negative impact on
those values and in some cases they can actually increase property values.
Commissioner Magistad asked if the City Council would have the opportunity to receive additional
public comment if people submitted statements before the City Council meeting.
DRAFT CITY OF SHOREWOOD PLANNING COMMISSION MEETING
APRIL 1, 2025
Page 6 of 17
Planning Director Griffiths stated that for any application that the City received, if they get written
comments between the Planning Commission and the City Council meetings, they forward those
to the Council.
Chair Huskins opened the Public Hearing at 7:44 P.M., noting the procedures used in a Public
Hearing. There being no comments, he closed the Public Hearing at 7:44 P.M.
Commissioner Holker moved, Commissioner Magistad seconded, recommending
approval of Rezoning Three Parcels to R-3A for the City -initiated Request for properties
located at: 24560, 24590, and 24620 Smithtown Road. Motion passed 4/0.
C. PUBLIC HEARING — REZONING THREE PARCELS TO R-2A
Applicant: City -initiated Request
Location: 6055, 6065, and 6067 Lake Linden Drive
Planning Director Griffiths explained that this item was very similar to the previous item on
tonight's agenda, but had less to do with the Comprehensive Plan and more to do with the
changes that were just made to the Medium Density Zoning District. He noted that these parcels
were currently zoned R-3A and, with the changes that were just made to that zoning district, that
designation no longer made sense for these properties. He explained that this item was
essentially a bit of housekeeping within the City's zoning code. He gave a brief overview of the
thought process behind staffs recommendation to guide these parcels to become R-2A rather
than R-3A. He noted that the City received one public comment before the meeting and read
aloud the statement submitted by Kevin Burns, 6070 Lake Linden Drive, in opposition to the
zoning change.
Commissioner Holker asked for a quick overview of the differences between R-3A and R-2A.
Planning Director Griffiths noted that it was a bit nuanced, but gave a brief overview of some of
the differences between the R-3A and R-2A zoning districts.
Commissioner Holker stated that this change would not impact the property owners and asked if
Planning Director Griffiths believed that this zoning change would impact them in a positive way.
Planning Director Griffiths stated that, in his opinion, if the City did not approve the rezoning, there
would be negative impacts to these property owners because that would mean that anything on
their property that did not meet the new zoning district the Commission just recommended would
not be considered a non -conformity that even though would be grandfathered in, could present a
problem further down the road, for example, if they wanted to go build a shed. He stated that this
rezoning would allow the property owners to have the same flexibility they currently have without
subjecting them to the need for variances when they want to make improvements to their property.
Commissioner Magistad asked what could be the drawback to making this housekeeping change.
Planning Director Griffiths stated that he did not have a good answer to that question. He stated
that from staffs perspective, the Comprehensive Plan and the City Code all point towards this
action being the best solution for the homeowners. He stated that the only real potential impact
is that the setback now was 30 feet and with this change would be 35 feet, but explained that in
that situation, the City would work with the property owner and they could keep what is there.