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City Council Meeting Memo - April 28, 2025 and MinutesCity of 8homew City Council Item Title/Subject: Rezoning Three Parcels to R-3A Item Meeting Date: April 28, 2025 6B Prepared by: Jake Griffiths, Planning Director Reviewed by: Marc Nevinski, City Administrator Attachments: Planning Commission Memo Public Comments Received Proposed Ordinance 618 Resolution for Summary Publication LOCATION: 24560, 24590, and 24620 Smithtown Rd APPLICANT: City of Shorewood Background At the February 24, 2025, City Council meeting, the Council 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 in 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, 24590 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 to maintain consistency between the Comprehensive Plan and zoning regulations as required by State Statute. Please see the attached Planning Commission Memorandum for detailed background on this request. The Planning Commission held a public hearing on the proposed rezonings at their April 1, 2025, meeting and no public comments were received during the hearing. One comment was received prior to the meeting which was reviewed by the Commission and is attached for reference. After closing the public hearing, the Commission recommended approval of the rezoning request (4-yes, 0-no, 1-absent). Financial Considerations None. Action requested Motion to approve Ordinance 618 and the resolution approving summary publication of the ordinance. Action on adoption of the ordinance requires a simple majority and action on the summary ordinance requires a 4/5 vote. ��yarse«-o� Planning Commission Meeting Item Title/Subject: Rezoning Three Parcels to R-3A Meeting Date: April 1, 2025 Prepared by: Jake Griffiths, Planning Director Attachments: Location Map LOCATION: 24560, 24590, and 24620 Smithtown Rd APPLICANT: City of Shorewood Item 4B 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. t North Location Map Gideon Glen Par, low' Rd ` '•n. 11" I ch1 From: Brian Maghan <bmaghan@outlook.com> Sent: Monday, March 31, 2025 12:27 PM To: Jake Griffiths <jgriffiths@ci.shorewood.mn.us> Subject: Re: Rezoning of Properties at 24560.24590 and 24620 Smithtown Road Jake, As discussed, I appreciate your taking the time to visit with me in regards to my thoughts on the upcoming rezoning of the Three (3) parcels to R-3A on Smithtown Road (24560, 24590 & 24620). I know that in the second paragraph of the "Request" section of your summary you state that a sign relating to the rezoning of the properties was posted. It's possible that I missed it, but if it was ever there, it was either quickly removed or so small that it couldn't be seen. My main concern though is related to the R-3A zoning for the 24620 Smithtown Road parcel which is owned by the Shorewood Economic Development Authority. As this site is immediately adjacent to the single-family home that is owned by Katherine Welty and Chris Gherke. I would suggest that the proposed density on this site is too dense and does not allow for the typical buffering that occurs next to a single-family home. Professionally speaking, I would encourage the City to consider a lower density for this site such as R2-A to provide a more reasonable. I understand the City's concern about complying with the density requirements per the Met Council's recommendations, however, I believe that these guidelines could easily be met when considering the future development of the Xcel Energy Site on County Road 19 and the Shorewood Yacht Club site. I believe that a modestly lower density on the 24620 site would be more in keeping with the character of Shorewood. Thank you, Brian L. Maghan 5670 Christopher Road Shorewood, MN 55331 (612)518-7068 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 618 AN ORDINANCE AMENDING SECTION 1201.09 SUBD 2 OF THE SHOREWOOD ZONING CODE —THE SHOREWOOD ZONING MAP FOR 3 PARCELS LOCATED AT 24560 SMITHTOWN RD, 24590 SMITHTOWN RD, AND 24620 SMITHTOWN RD Section 1: Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to indicate three parcels addressed 24560 Smithtown Rd, 24590 Smithtown Rd, and 24620 Smithtown Rd (the "Property') legally described as follows currently within the C-1 and R-1C zoning districts to the R-3A zoning district. 24560 Smithtown Rd: Lot 025, Auditor's Subdivision No. 133, Hennepin County, Minnesota. 24590 Smithtown Rd: Lot 024, Auditor's Subdivision No. 133, Hennepin County, Minnesota. 24620 Smithtown Rd: Lot 023, Auditor's Subdivision No. 133, Hennepin County, Minnesota. Section 2: That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the Property in the R-3A zoning district. Section 3: That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of April, 2025. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 25-042 A RESOLUTION APPROVING THE SUMMARY PUBLICATION FOR ORDINANCE 618 AMENDING SECTION 1201.09, SUBD. 2. OF THE SHOREWOOD ZONING CODE — THE SHOREWOOD ZONING MAP FOR 3 PARCELS LOCATED AT 24560 SMITHTOWN RD, 24590 SMITHTOWN RD, AND 24620 SMITHTOWN RD. WHEREAS, at a duly called meeting on April 28, 2025, the City Council of the City of Shorewood adopted Ordinance No. 618 entitled "AN ORDINANCE AMENDING SECTION 1201.09 SUBD 2 OF THE SHOREWOOD ZONING CODE —THE SHOREWOOD ZONING MAP FOR 3 PARCELS LOCATED AT 24560 SMITHTOWN RD, 24590 SMITHTOWN RD, AND 24620 SMITHTOWN RD"; and, WHEREAS, Ordinance No. 618 rezones three parcels from the C-1 and R-IC zoning districts to the R-3A zoning district within the City of Shorewood; and WHEREAS, the zoning map amendment is proposed to implement the City's Comprehensive Plan for areas indicated for development to medium density residential uses. WHEREAS, Ordinance No. 618 is lengthy; and WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council has determined that publication of the title and summary of the ordinance will clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 618 clearly informs the public of the intent and effect of the Ordinance. The City Clerk is directed to publish Ordinance No. 618 by title and summary, pursuant to Minnesota Statutes, Section 412.191, Subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall during regular office hours and on the city's website. ADOPTED by the Shorewood City Council on this 28th day of April, 2025. Jennifer Labadie, Mayor Attest: Sandie Thone, City Clerk CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 28, 2025 Page 4 of 35 4. REPORTS AND PRESENTATIONS 5. PARKS 6. PLANNING A. Report by Commissioner Magistad on April 1, 2025, Planning Commission Meeting Planning Commissioner Magistad gave a brief overview of the discussion and recommendations from the April 1, 2025, Planning Commission meeting and answered clarifying questions from the Council. B. Rezoning Three Parcels to R-3A Applicant: City of Shorewood Location: 24660, 24690, and 24620 Smithtown Road Planning Director Griffiths reviewed the request to rezone three parcels on Smithtown Road to R- 3A, which was essentially the City's medium -density zoning district. He explained that this item was the last step of implementing the previous amendments made by the Council for medium density as required by the 2040 Comprehensive Plan. He stated that at the Planning Commission level, there was one public comment received that was in opposition to this action. He noted that the Planning Commission held a public hearing and unanimously recommended approving this rezoning request. He explained that, at this point, staff felt that this was a housekeeping item, ensuring that all of the City's plans were consistent with each other, and agreed with the recommendation made by the Planning Commission. Councilmember Sanschagrin asked for an explanation of the difference between R-2A and R-3A. Planning Director Griffiths explained that R-3A was a medium -density district that the Council had just created recently, which was a six to eight unit per acre range, and R-2A would be a step down from that level, with lower density and a mix of single-family homes and duplexes. Councilmember Sanschagrin noted that there had been feedback received about how R-2A would be a better way to have a separation between the commercial and the single-family home next to it. He asked what that option may look like. Planning Director Griffiths stated the City was stuck with rezoning the property to R-3A because those were the decisions that had been made leading up to this point with the Comprehensive Plan and the Code amendments. He explained that the City was essentially obligated at this point, unless they go back and unwind several years of decisions that they had made to go in this particular direction. He noted that the other issue they would face in going a different direction would be that the City would no longer meet the Met Council's goals for density in the community. Councilmember Sanschagrin asked if the buffer property in this area was owned by the City. Planning Director Griffiths clarified that the EDA owned the property that was farthest to the west. He noted that there was also a small property to the east that was a six -unit apartment complex, so it already had a density that was closer to medium density. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 28, 2025 Page 5 of 35 Mayor Labadie explained that Councilmember Sanschagrin had referred to an email by Brian Maghan, 5670 Christopher Road, where he had referred to a property owned by Welty and Gherke and asked if the City had heard anything from those individuals. Planning Director Griffiths stated that he had not heard from Ms. Welty or Mr. Gherke. Councilmember Gorham asked Planning Director Griffiths his thoughts on Mr. Maghan's point at the end of his email about density needs being met by future developments. He explained that the City had begun this process many years ago and felt that perhaps the City had not taken into account the development that they have had since that time. He noted that Planning Director Griffiths had talked about unwinding some of the decisions that had been made and asked if he did do some unwinding and took a look at what has happened in the City since they did the Comprehensive Plan, if he felt the need for density may not be as great. Planning Director Griffiths stated that the City would just barely meet the density requirements with the current Comprehensive Plan and clarified that they were not in a position to go back and lower density in a substantial way throughout the community. He stated that the City just did not have a lot of wiggle room with what had been developed and noted that the City had not seen a lot of development at higher densities since the Comprehensive Plan had been adopted, and has been more medium density. He clarified that the Council could go that direction, but from staffs perspective, they would rather just implement the plan in front of them right now, since they have already traveled down this path for so many years. He stated that if they wanted to have a conversation about it in the future, the discussion related to the next version of the Comprehensive Plan would start at the end of the year. DiGruttolo moved, Maddy seconded, Approving ORDINANCE NO. 618, "An Ordinance Amending Section 1201.09, Subd. 2. Of the Shorewood Zoning Code — The Shorewood Zoning Map for Three Parcels Located at 24560 Smithtown Road, 24590 Smithtown Road, and 24620 Smithtown Road;" AND, Adopting RESOLUTION NO. 25-042, "A Resolution Approving the Summary Publication for Ordinance 618 Amending Section 1201.09, Subd. 2.Of the Shorewood Zoning Code —The Shorewood Zoning Map for Three Parcels Located at 24660 Smithtown Road, 24590 Smithtown Road, and 24620 Smithtown Road." Motion passed. C. Rezoning Three Parcels to R-2A Applicant: City of Shorewood Location: 6055, 6066, and 6067 Lake Linden Drive Planning Director Griffiths gave an overview of the request to rezone three parcels along Lake Linden Drive to R-2A and explained that it was very similar to the previous agenda item because it was a housekeeping item. He noted that these three properties were currently zoned R-3A, but since the recent changes to the City Code, that zoning district did not make sense for the property owners anymore. He stated that if they left them in their current zoning, it would limit the property owners to what they can do with their properties and force them into the need for variances or legal non -conformities. He explained that the R-2A zoning requirements are substantially the same as what the property owners had before the City updated the City Code. He stated that the Planning Commission had held a public hearing on this item at their last meeting and received one comment just before the meeting their meeting which was in opposition to this action. He