1201.23 C-2, COMMERCIAL SERVICE DISTRICT .

Subd. 1.   Purpose. The C-2 District is intended to recognize areas containing preexisting businesses that provide services primarily for the community and surrounding area. It is further intended that the location of the C-2 District may take advantage of transportation routes with existing high traffic volumes; however, activities allowed in the District will not create additional traffic.

Subd. 2.   Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached:

      a.   Bakery goods sales and baking of goods for retail sale on the premises;

      b.   Canvas products sales and repairs;

      c.   Convenience grocery (without motor fuel facilities);

      d.   Dry cleaning establishment;

      e.   Enclosed boat and marine sales; and

      f.   Nursery.

Subd. 3.   Permitted accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead:

      a.   Off-street parking as regulated by § 1201.03, Subd. 5, but not including semi- trailer trucks;

      b.   Off-street loading as regulated by § 1201.03, Subd. 6;

      c.   Signs as regulated by § 1201.03, Subd. 11.

Subd. 4.   Conditional uses. The following uses are permitted only subject to the issuance of a conditional use permit as regulated in § 1201.04:

      a.   Automobile repair - minor, provided that:

         (1)   The entire site other than that taken up by a building, structure or landscaping shall be surfaced with a material to control dust and drainage which is subject to approval by the City Engineer;

         (2)   A drainage system subject to approval by the City Engineer shall be installed;

         (3)   Parking areas and driveways shall be curbed with continuous curbs not less than six inches high above the parking lot or driveway grade;

         (4)   Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the city staff;

         (5)   All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 1201.03, Subd. 11.;

         (6)   Any outside storage shall be in compliance with § 1201.23 Subd. 4.b.;

         (7)   Landscaping is provided in compliance with § 1201.03, Subd. 2.g.; and

         (8)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;

      b.   Open and outdoor storage as an accessory use, provided that:

         (1)   The use does not constitute more than 30% of the lot area and no more than the floor area of the first story of the principal structure;

         (2)   The area is fenced and screened from view of neighboring residential uses or if abutting any R District;

         (3)   Storage is screened from view from the public right-of-way;

         (4)   Storage area is grassed or surfaced to control dust;

         (5)   Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;

         (6)   All lighting shall be in compliance with § 1201.03 Subd. 2.v.;

         (7)   Storage area does not take up parking space as required for conformity to this chapter;

         (8)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;

      c.   Open or outdoor service, sale, rental and display as a principal or accessory use, provided that:

         (1)   Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting R District;

         (2)   Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;

         (3)   All lighting shall be in compliance with § 1201.03 Subd. 2.v.;

         (4)   Sales area is grassed or surfaced to control dust;

         (5)   The use does not take up parking space as required for conformity to this chapter;

         (6)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;

      d.   Fabrication (cutting, assembly and/or welding) of wood or metal products only when accessory to an activity allowed as a permitted use or conditional use within this section, provided that:

         (1)   Any outside storage shall be in compliance with Subd. 4.b. of this section;

         (2)   Adequate off-street parking and off-street loading is provided in compliance with the requirements of § 1201.03, Subds. 5 and 6;

         (3)   Provisions are made to control and reduce noise;

         (4)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;

      e.   Building trade contractor's shop for businesses engaged in specialized construction activities such as plumbing, painting, electrical work, carpentry and well drilling; primarily for residential development, but not including heavy construction, provided that:

         (1)   Activities of the business would typically be performed at a construction site but some incidental work may be performed in the shop;

         (2)   Any outside storage shall be in compliance with Subd. 4.b. of this section;

         (3)   Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;

         (4)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;

      f.   Commercial planned unit development as regulated by § 1201.06, provided that:

         (1)   Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section;

         (2)   The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25;

      g.   Operational facilities for commercial and residential lake and lakeshore dredging, excavation and related construction and other services and the storage of equipment, machinery, watercraft, materials and supplies relating thereto, provided that:

         (1)   The use was in lawful existence prior to May 19, 1986;

         (2)   The area is fenced and screened from view of abutting residential uses or if abutting any R District, in accordance with plans and specifications approved by the City Council;

         (3)   Storage is screened from view from the public street right-of-way;

         (4)   Landscaping is provided in compliance with § 1201.03, Subd. 2.g.;

         (5)   All lighting shall be in compliance with § 1201.03 Subd. 2.v.;

         (6)   Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use;

         (7)   Outdoor storage does not take up parking space as required for conformity to this chapter;

         (8)   Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;

         (9)   Any use of the lake shall be approved by the Lake Minnetonka Conservation District;

         (10)   The use of the property shall be approved by the Commissioner of the Department of Natural Resources;

         (11)   No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading, drainage and erosion control plans shall be approved by the City Engineer;

         (12)   Any handling or storage of flammable liquids shall be subject to the approval of the local Fire Marshal.

Subd. 5.   Lot requirements and setbacks. The following minimum requirements shall be observed in a C-2 District subject to additional requirements, exceptions and modifications set forth in this chapter:

      a.   Lot area: 20,000 sq. ft.;

      b.   Lot width: 100 feet;

      c.   Lot depth: 120 feet;

      d.   Setbacks:

         (1)   Front yard: Not less than 30 feet;

         (2)   Rear yard: Not less than 30 feet;

         (3)   Side yard: Not less than 20 feet on each side nor less than 30 feet on a side yard abutting a street;

         (4)   Setback from R District boundary: Not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R-C District).

Subd. 6.   Building requirements. Height: no principal structure shall exceed two stories, or 25 feet, whichever is least. No accessory structure shall exceed one story, or 15 feet, whichever is least.

(1987 Code, § 1201.23) (Ord. 180, passed 5-19-1986; Ord. 189, passed 11-24-1986; Ord. 192, passed 11-24-1986; Ord. 208, passed 4-11-1988; Ord. 214, passed 5-22-1989; Ord. 242, passed 8-26-1991; Am. Ord. 426, passed 7-24-2006; Am. Ord. 575, passed 12-14-2020)

1201.24 L-R, LAKESHORE RECREATIONAL DISTRICT .

Subd. 1.   Purpose. This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the city which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this city and the providing of an opportunity for access to that facility is, in the opinion of the city, an adjunct of zoning by the city. Recognizing the primary residential nature of Shorewood, it behooves the city to subject the possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of the land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites.

Subd. 2.   Permitted uses. The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in Subd. 8. below. Water harboring of boats at docks attached to land, including limited related service facilities as hereinafter authorized, is subject to an annual operating license which shall be issued only in accordance with the following standards and limitations.

Subd. 3.   Permitted accessory uses. The following are permitted accessory uses in a L-R District:

      a.   Off-street parking as regulated by § 1201.03, Subd. 5 and by § 1201.24, Subd. 8h of this section;

      b.   One clubhouse building, not exceeding 2000 square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine-line equipment, soft drinks, prepackaged foods, shower and meeting rooms;

      c.   One storage building, not exceeding 1200 square feet of floor area;

      d.   Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and other applicable agencies and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of the yacht club;

      e.   Boat rental, in compliance with LMCD regulations and as authorized by the City Council.

Subd. 4.   Conditional uses. The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)

      a.   One single-family dwelling used as a caretaker residence, provided that:

         (1)   The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this code;

         (2)   The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met;

      b.   Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that:

         (1)   The area is fenced and screened from view of neighboring residential uses or if abutting an R District;

         (2)   Storage is screened from view from the public street right-of-way;

         (3)   Storage is landscaped to provide a buffer from all other public rights-of- way;

         (4)   Storage area is grassed or surfaced with pavement or class V, or the equivalent, to control dust;

         (5)   Landscaping is provided in compliance with § 1201.03, Subd. 2g;

         (6)   Lighting shall comply with Subd. 8k of this section;

         (7)   Except for winter storage of boats, storage area does not take up parking space as required for conformity to this chapter;

         (8)   The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met.

Subd. 5.   Lot requirements and setbacks. The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this chapter:

      a.   Lot area: Not less than 60,000 square feet;

      b.   Lot width: Not less than 200 feet;

      c.   Lot depth: Not less than 150 feet;

      d.   Setbacks:

         (1)   Front yard: Not less than 35 feet;

         (2)   Rear yard: Not less than 50 feet (from the ordinary high water mark);

         (3)   Side yard:

            (a)   From residential: Not less than 50 feet;

            (b)   From nonresidential: Not less than 15 feet;

         (4)   From public right-of-way: Not less than 10 feet other than street.

Subd. 6.   Building requirements. Height: the clubhouse structure shall not exceed two and one-half stories, or 35 feet, whichever is less. Other accessory structures shall not exceed one story or 15 feet, whichever is less.

Subd. 7.   Application information requirements. The following information is to be submitted to the city for consideration of rezoning to L-R, Lakeshore Recreational District:

      a.   The landowner’s name, address and interest in the subject property;

      b.   The applicant’s name and address if different from the landowner;

      c.   The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor;

      d.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and the other evidence as the City Attorney may require to show the status of title or control of the subject property;

      e.   Legal description of property upon which proposal is to be located;

      f.   Written description of proposed operation and use;

      g.   Site plan similar in detail to a preliminary plat drawn to a scale of one inch to 20 feet and which site plan shall disclose the following:

         (1)   Dimensions of the site;

         (2)   Location and dimensions of all present and proposed buildings;

         (3)   Location and dimensions of land recreation facilities;

         (4)   Road entrances and exits;

         (5)   Access roads and their design/construction standards;

         (6)   Location of parking and traffic flow;

         (7)   Location and design of screening;

         (8)   Location and design of lighting;

         (9)   Detailed landscape design and planting plan specifications;

         (10)   Drainage;

         (11)   Location and dimensions of authorized related services;

         (12)   Signs;

         (13)   Lakeshore footage;

         (14)   Location, shape, design and dimension of docks, in compliance with LMCD approvals. Each dock shall be numbered and there shall be indicated whether one or more than one boat shall be harbored within the designated dock;

         (15)   Location and description of boat dock canopies;

         (16)   Flow of boat traffic;

         (17)   Location of any proposed boat ramp;

         (18)   Zoning of property within 500 feet of the site;

         (19)   Location and design of trash collection facilities and access to same by trash collectors;

         (20)   Interior design and use of the building shown on the plan;

         (21)   Other items peculiar to the facility;

      h.   A written statement describing how the property is to be designed, arranged and operated in order to be compatible with adjacent residential properties, including but not limited to:

         (1)   General compatibility and impact upon surrounding living environment;

         (2)   Air and water quality;

         (3)   Wetlands;

         (4)   Noise;

         (5)   Traffic;

         (6)   Boat harboring and lake use;

      i.   A description of use for which all buildings on the property will be used;

      j.   Copies of approvals received from state, regional and other agencies who have or claim jurisdiction over the proposed use or names of agencies to whom applicants propose to request and obtain approval for operation as proposed.

Subd. 8.   Special and specific standards and conditions. The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats.

      a.   Site shall be located on a lake which has at least two public accesses of at least 50 feet in width located within the city limits. No site shall be located closer than 5,000 feet as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility.

      b.   All applicable state building and operational standards are complied with.

      c.   The minimum number of slips to be authorized shall be ten; the maximum number of slips shall be consistent with the number of slips licensed by the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances.

      d.   Minimum lakeshore footage required shall be 250 feet.

      e.   Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take into consideration:

         (1)   Traffic congestion;

         (2)   Safety;

         (3)   Proximity to homes in the area;

         (4)   Excess parking available;

      f.   Location and construction of docks:

         (1)   Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake:

 

For That Portion of the Length of the Dock Which Extends From the Shore	The Setback Shall Be:
0 to 50 feet	10 feet
50 to 100 feet	15 feet
100 to 200 feet	20 feet

 

         (2)   Dock structures shall extend into the water no more than 200 feet as measured from the point the dock touches the shoreline;

         (3)   Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of 40 pounds per square foot and a maximum deflection of 1/180 of span shall be required;

         (4)   Dock structures shall comply with the requirements of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended;

      g.   Restriction on use of land:

         (1)   Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with Subd. 4 of this section;

         (2)   No outdoor storage of other items shall be permitted;

         (3)   No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility;

         (4)   No license for dispensing of intoxicating liquor or 3.2% malt liquor shall be issued for the property;

         (5)   No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and guests accompanied by members, but in no case shall meals be offered for sale to the general public;

      h.   Parking, roads and driveways:

         (1)   One motor vehicle parking stall, computed at the minimum size of 300 square feet, shall be provided for each authorized boat slip;

         (2)   No parking shall be permitted within 50 feet of the ordinary high water mark;

         (3)   Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of 22 feet of driving surface;

         (4)   All access roads and driveways shall be surfaced with a permanently dust- free surface; the proposed facilities, including roads, driveways and parking areas, shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least 40 feet measured from the edge of the street pavement;

         (5)   No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights-of-way or public access driveways;

      i.   Where a use abuts an R-1A through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of § 1201.03, Subd. 2g;

      j.   The total number of signs allowed on the site shall be two, one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed 20 square feet in area each, nor more than eight feet above grade. No sign may be erected without the approval of the City Council;

      k.   All lighting shall be consistent with § 1201.03 Subd. 2.v. except that no light or combination of lights which cast light on residential property, the lake or the public right-of-way shall exceed four-tenths (.4) foot-candles (meter reading) as measured from the property line and 250 feet from the shoreline;

      l.   Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;

      m.   No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer;

      n.   Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District and appropriate state agencies shall be demonstrated and filed with the city.

Subd. 9.   Application evaluation.

      a.   Upon receipt of an application containing all of the information enumerated in Subd. 7 hereof, the City Council shall review the same.

      b.   If, in making the review, the Council finds:

         (1)   That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon:

            (a)   The natural environment;

            (b)   Public health, safety and welfare;

            (c)   The possible infringement on the public rights to use the public water;

            (d)   Any unreasonable infringement or restrictions on the use of existing adjacent residential areas;

      c.   If a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must be approved by the Council prior to the commencement of the study.

      d.   The applicant shall, prior to the commencement of the study, deposit with the City Administrator/Clerk that sum of money the Council deems necessary to pay for the cost of a study.

      e.   The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration.

      f.   The environmental study shall be waived by the City Council in the event a study is ordered by the Minnesota State Environmental Quality Board.

      g.   The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration:

         (1)   The environmental study report, and

         (2)   The effect the proposed development may have upon the public health, safety, welfare or public right to use the public water.

Subd. 10.   Licensing of facilities authorized hereunder.

      a.   Upon granting of a rezoning pursuant to this chapter, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council.

         (1)   An application for a license must be submitted to the Zoning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year.

         (2)   The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council.

         (3)   Renewal of the license shall be granted only provided the operation is in conformance with the terms of the conditional use permit.

      b.   A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than 10% of the issued and outstanding stock of the corporation will be deemed a transfer of the license.

      c.   An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the city residents.

      d.   Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With the exception of power boats necessary for the operation of the facility and publicly-owned watercraft operated by public safety personnel, water harboring of boats on any site in Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation by the Planning Commission, the City Council may license a limited number of power boats, provided the essential character of the property as a sailing facility is maintained.

Subd. 11.   Termination procedure for license previously issued.

      a.   If upon inspection by the representative of the City Council it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license:

         (1)   The licensee shall be informed of the violation in writing by the Zoning Administrator;

         (2)   The licensee shall be notified it has 20 days to correct the violation;

         (3)   If the violation is not corrected within the time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council.

      b.   Failure to have a valid license in force shall be prima facie evidence of a violation of this chapter.

(1987 Code, § 1201.24) (Ord. 180, passed 5-19-1986; Am. Ord. 443, passed 11-26-2007; Am. Ord. 575, passed 12-14-2020)

1201.25 P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT.

Subd. 1.   Purpose. This District is established to provide comprehensive procedures and standards designed for district planned unit development to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonresidential uses. Recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas may not be appropriate to control development in less developed areas. Specifically, P.U.D. is intended to encourage:

      a.   Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design and siting of dwellings and by the conservation and more efficient use of land in the developments;

      b.   Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects;

      c.   More convenience in location of commercial and service areas within a given project or area, allowing more efficient and desirable transitions between residential and nonresidential land uses;

      d.   The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion;

      e.   A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses;

      f.   An efficient use of land resulting in smaller networks of utilities and streets thereby lowering housing costs and public investments;

      g.   A development pattern in harmony with the objectives of the City Comprehensive Plan;

      h.   A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city;

      i.   To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence;

      j.   To allow variation from the provisions of this chapter, including setbacks, height, lot area, width and depth, yards and the like internally within the project. Provisions of this chapter shall generally be maintained at the periphery of the project area.

Subd. 2.   Permitted Uses. The development agreement for any proposed P.U.D. shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory, or conditional uses allowed in this chapter may be considered for a P.U.D. However, any P.U.D. that includes a mixture of residential and nonresidential uses shall be limited to property containing no less than four acres of gross land area.

Subd. 3.   Special procedures. The establishment of a P.U.D., Planned Unit Development District shall be subject to the amendment procedure requirements as outlined in § 1201.04, Subd. 1. Each of the three stages of the review process shall require a separate application.

Subd. 4.   General requirements and standards.

      a.   Ownership. An application for P.U.D. approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.

      b.   Comprehensive Plan consistency. The proposed P.U.D. shall be consistent with the City Comprehensive Plan.

      c.   Sanitary sewer plan consistency. The proposed P.U.D. shall be consistent with the City Comprehensive Sewer Plan.

      d.   Common and public open space. Common and public open space at least sufficient to meet the minimum requirements established in the Comprehensive Plan and Zoning and Subdivision Ordinances and the complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the P.U.D. shall be provided within the area of the P.U.D.

      e.   Operating and maintenance requirements for P.U.D. common open space service facilities. Whenever common open space or service facilities are provided within the P.U.D., the P.U.D. plan shall contain provisions to assure the continued operation and maintenance of the open space and service facilities to a predetermined reasonable standard. Common open space service facilities within a P.U.D. may be placed under the ownership of one or more of the following, as approved by the City Council:

         (1)   Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication;

         (2)   Landlord control, where only use by tenants is anticipated;

         (3)   Property Owners Association, provided all of the following conditions are met:

            (a)   Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by M.S. Chapter 515, as it may be amended from time

to time, and a set of floor plans such as specified by Chapter 515, as it may be amended from time to time, shall be filed with the city, and filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of Hennepin County, Minnesota;

            (b)   The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration;

            (c)   The declaration of covenants, conditions and restrictions shall provide that an owner’s association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control;

            (d)   The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which the expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each assessment is made;

            (e)   Membership must be mandatory for each owner and any successive buyer;

            (f)   The open space restrictions must be permanent and not for a given period of years;

            (g)   The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it;

            (h)   Property owners must pay their pro rata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes;

            (i)   The Association must be able to adjust the assessment to meet changed needs;

            (j)   The bylaws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final P.U.D. plan;

      f.   Staging of public (park dedication) and common open space. When a P.U.D. provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire P.U.D. as the stages or units completed or under development bear to the entire P.U.D.

      g.   Residential density. The maximum allowable density in a P.U.D. shall be determined by reference to the Comprehensive Plan. Within 10% of that limit, the exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any P.U.D. is to be developed in stages, no stage shall, when averaged with all previously completed stages, have a residential density that exceeds 125% of the proposed residential density of the entire P.U.D. For purposes of this section, density shall be expressed as the ratio of residential units per 40,000 square feet and shall be calculated based upon the total gross acreage of the property in question, less the area devoted to designated wetlands, public rights-of-way, public open space and nonresidential use.

      h.   Utilities. In any P.U.D., all utilities, including telephone, electricity, gas and telecable shall be installed underground.

      i.   Utility connections.

         (1)   Water connections. Where more than one property is served from the same service line, a shut-off valve must be located in a way that each unit’s service may be shut off by the city, in addition to the normally supplied shut-off at the street.

         (2)   Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the Property Owners Association or owner.

      j.   Roadways. All public streets shall conform to the design standards contained in the Shorewood Subdivision Ordinance, as may be amended. Private streets, where allowed, shall conform to specifications provided by the City Engineer.

      k.   Landscaping. In any P.U.D., landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure(s) and the overall scheme of the P.U.D. plan.

      l.   Townhouse, quadraminium, cooperative and condominium apartments.

         (1)   No single townhouse structure shall contain more than six dwelling units.

         (2)   Townhouses, quadraminiums, cooperatives and condominiums shall be subdivided on an individual unit basis according to the provisions of Subd. 4e(3) of this section.

      m.   Setbacks.

         (1)   The front and side yard restrictions at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts recognizing surrounding use and zoning.

         (2)   No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

         (3)   No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings, giving due consideration to solar access.

Subd. 5.   Submission requirements. Ten copies of the following exhibits, analyses and plans shall be submitted as applicable to the City Council during the P.U.D. process at the times specified in Subd. 6 of this section.

      a.   General concept stage.

         (1)   General information:

            (a)   The landowner’s name and address and his or her interest in the subject property;

            (b)   The applicant’s name and address if different from the landowner;

            (c)   The names and addresses of all professional consultants who have contributed to the development of the P.U.D. plan being submitted, including attorney, land planner, engineer and surveyor;

            (d)   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed P.U.D., including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and the other evidence as the City Attorney may require to show the status of title or control of the subject property;

         (2)   Present status:

            (a)   The address and legal description of the subject property;

            (b)   The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the subject property;

            (c)   A map depicting the existing development of the subject property and all land within 1,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.

         (3)   A written statement generally describing the proposed P.U.D. and the market which it is intended to serve and its demand showing its relationship to the city’s Comprehensive Plan and how the proposed P.U.D. is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

         (4)   Site conditions: graphic reproductions of the existing site conditions at a scale of no less than one inch equals 100 feet:

            (a)   Contours - minimum two foot intervals;

            (b)   Location, type and extent of tree cover;

            (c)   Slope analysis;

            (d)   Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the subject property;

            (e)   Significant rock outcroppings;

            (f)   Existing drainage patterns;

            (g)   Vistas and significant views;

            (h)   Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

         (5)   Schematic drawing of the proposed development concept, including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.

         (6)   A statement of the estimated total number of dwelling units proposed for the P.U.D. and a tabulation of the proposed approximate allocations of land use expressed in square feet and acres and as a percent of the total project area, which shall include at least the following:

            (a)   Area devoted to residential uses;

            (b)   Area devoted to residential use by building type;

            (c)   Area devoted to common open space;

            (d)   Area devoted to public open space;

            (e)   Approximate area devoted to streets;

            (f)   Approximate area devoted to, and number of, off-street parking and loading spaces and related access;

            (g)   Approximate area, and floor area, devoted to commercial uses;

         (7)   When the P.U.D. is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of the stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total P.U.D. public or common open space and dwelling units to be provided or constructed during each stage and the overall chronology of development to be followed from stage to stage;

         (8)   When the proposed P.U.D. includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of the open space or service facilities. If it is proposed that the space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of the entity shall be submitted;

         (9)   General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed P.U.D.;

         (10)   The City Council may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specified proposal for P.U.D. approval;

         (11)   The City Council may require the submission of any additional information or documentation which it may find necessary to appropriate to full consideration of the proposed P.U.D or any aspect or stage thereof.

      b.   Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the P.U.D. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:

         (1)   Background information. Ten sets of the following information (where applicable, drawn to a scale of not less than 1" = 100', or at a scale requested by the Zoning Administrator):

            (a)   Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat heretofore recorded in the county where the subject property is situated);

            (b)   Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;

            (c)   Property boundary lines and dimensions of the property;

            (d)   Physical features of the property, including topography, wetlands, water bodies, flood plains, vegetation and soils;

            (e)   The location, use and size of structures and other land uses on adjacent properties;

            (f)   Any other information that may have been required by the city staff or City Council in conjunction with the approval of the general concept plan;

         (2)   Preliminary plans. Ten sets of preliminary plans, drawn to a scale of not less than one inch equals 100 feet (or at a scale requested by the Zoning Administrator) containing at least the following information:

            (a)   The location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings and existing buildings which will remain, if any;

            (b)   Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles and all other circulation elements, including bike and pedestrian and the total site coverage of all circulation elements;

            (c)   Location, designation and total area of all common open space;

            (d)   Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;

            (e)   Proposed lots and blocks, if any, and numbering system;

            (f)   Detailed sketches and provisions of proposed landscaping;

            (g)   Grading and drainage concept plans (general locations of cut and fill areas, drainage patterns and ponding areas);

      (3)   Development plans. Ten sets of the following plans, based upon approved preliminary plans and drawn to a scale of not less than one inch equals 100 feet (or at a scale requested by the Zoning Administrator):

            (a)   If the project is to be developed in stages, an accurate legal description of the entire area within the P.U.D. for which final development plan approval is sought;

            (b)   A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile;

            (c)   A tabulation indicating the gross square footage, if any, of commercial floor space by type of activity (for example, drugstore, dry cleaning, supermarket);

            (d)   Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings;

            (e)   A detailed site plan or plans, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures and uses;

            (f)   Grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan;

            (g)   Sketch plan, preliminary and final plat prepared in accordance with the Shorewood Subdivision Ordinance (Chapter 1202 of this code), as may be amended. Upon approval of the City Council, the final plat may be submitted in the final plan stage;

            (h)   A Soil Erosion Control Plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures;

            (i)   A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any document, plan or data;

            (j)   The other and further information as the city staff or City Council shall find necessary to a full consideration of the entire proposed P.U.D. or any stage thereof;

            (k)   The City Council may excuse any applicant from submitting any specific item of information or document required in this section which it finds to be unnecessary to the consideration of the specific proposal for P.U.D. approval;

      c.   Final plan stage. After approval of a general concept plan for the P.U.D. and approval of a development stage plan for a section of the proposed P.U.D., the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

         (1)   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the P.U.D. and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility;

         (2)   All certificates, seals and signatures required for the dedication of land and recordation of documents;

         (3)   Final architectural working drawings of all structures;

         (4)   Final engineering plans and specifications for streets, utilities and other public improvements, together with a community/developer agreement for the installation of the improvements and financial guarantees for the completion of the improvements;

         (5)   Any other plan, agreements or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the Minnesota State Building Code.

Subd. 6.   Procedure for processing a P.U.D.

      a.   Application conference. Upon filing of an application for P.U.D., the applicant of the proposed P.U.D. is encouraged to arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his or her proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.

      b.   Pursuant to M.S. § 15.99, an application for any stage of a P.U.D. or an amendment to the P.U.D. shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the city staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period.

      c.   General concept plan.

         (1)   Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his or her basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represent the immediately significant elements for city review and comment:

            (a)   Overall maximum P.U.D. density range;

            (b)   General location of major streets and pedestrian ways;

            (c)   General location and extent of public and common open space;

            (d)   General location of residential and nonresidential land uses with approximate type and intensities of development;

            (e)   Staging and time schedule of development;

            (f)   Other special criteria for development;

         (2)   Schedule.

            (a)   Developer meets with the Zoning Administrator to discuss the proposed development;

            (b)   The applicant shall file the concept stage application, together with all supporting data and filing fee as established by City Council resolution;

            (c)   The Planning Commission shall hold a public hearing;

            (d)   The Zoning Administrator, upon verification of the complete application, shall set a public hearing at a regular meeting of the Planning Commission. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a time and place of the public hearing and a description of the request and be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 750 feet of the boundary of the property in question;

            (e)   Failure of a property owner to receive the notice shall not in validate any proceedings as set forth within this chapter;

            (f)   The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide a general assistance in preparing a recommendation on the action to the City Council. Additionally, the request shall be referred to the Park Commission for their review and comment;

            (g)   Upon consent of the City Council, the Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter;

            (h)   The applicant or a representative thereof may appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed development;

            (i)   The Planning Commission shall review the reports and plans and submit its recommendations to the Council and applicant. The report shall contain the findings of the Planning Commission with respect to the general concept plan;

            (j)   The Zoning Administrator, upon receipt of the Planning Commission recommendation, shall schedule the request before the City Council at a public meeting;

            (k)   Council action.

               (i)   The applicant or a representative thereof may appear before the City Council in order to present the planned unit development and answer questions concerning the proposed project;

               (ii)   The Council shall review the proposed development, any reports and recommendations of advisory commissions and city staff, and testimony from the public hearing;

               (iii)   In evaluating the request, the Council shall determine the relationship between the proposed development, the Comprehensive Plan and this chapter. Where any question exists as to city policy, the Council may, at any time, refer the project or any specific item within the project back to the Planning Commission for further study and with clarification as to the policy;

               (iv)   The City Council shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter;

               (v)   The City Council may require revisions to or modifications of the general concept plan where deemed necessary. Any revision or modification shall be referred to the Planning Commission for informational purposes;

               (vi)   Within the time specified in § 1201.25 Subd. 6.b., the City Council shall grant approval of or deny the concept plan;

               (vii)   The city shall provide written findings to the applicant after the City Council acts to approve or deny the plan;

         (3)   Optional submission of development stage plan. In cases of single stage P.U.D.'s or where the applicant wishes to begin the first stage of a multiple stage P.U.D., immediately he or she may, at his or her option, initially submit development stage plans for the proposed P.U.D. In this case, the Planning Commission and Council shall consider the plans, grant or deny development stage plan approval in accordance with the provisions of Subd. 6.c.

         (4)   Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant. Problems arising or found to exist during the development or final plan stage of a project may provide cause for the city to require modification of the general concept plan.

         (5)   Limitation of general concept plan approval. Unless a development stage plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the P.U.D., whichever is greater, has been filed within six months from the date Council grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this chapter and of an approved general concept plan, the approval may be revoked by Council action. In this case, the Council shall forthwith adopt a resolution repealing the general concept plan approval for that portion of the P.U.D. that has not received final approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. Upon request by the applicant, the Council, at its discretion, may extend the approval for additional periods not in excess of six months each.

      d.   Development stage.

         (1)   Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantial compliance is necessary for the preparation of the final plan.

         (2)   Submission of development stage. Upon approval of the general concept plan and within the time established in Subd. 6b(5) above, the applicant shall file with the Zoning Administrator a development stage plan consisting of the information and submissions required by subdivision 5b for the entire P.U.D. or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The Development Stage Plan shall refine, implement and be in substantial conformity with the approved General Concept Plan.

         (3)   Review and action by city staff and Planning Commission. Immediately upon receipt of a completed Development Stage Plan, the Administrator shall refer the plan to the following city staff and/or official bodies for the indicated action:

            (a)   The City Attorney for legal review of all documents;

            (b)   The City Engineer for review of all engineering data and the City/Developer Agreement;

            (c)   The City Building Official for review of all building plans;

            (d)   The Zoning Administrator for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the General Concept Plan and Comprehensive Plan;

            (e)   The City Planning Commission for review and recommendation to the Council;

            (f)   The Park Commission for review of public recreation and/or open space provisions;

            (g)   When appropriate, as determined by the Zoning Administrator to other special review agencies such as the Watershed Districts, Soil Conservation Services, Highway Departments or other affected agencies. All staff or commissions designated in paragraphs (a) through (d) hereof shall submit their reports in writing to the Planning Commission and applicant at least five days prior to the date of the Planning Commission meeting at which the request is to be heard.

         (4)   Schedule.

            (a)   Developer meets with the Zoning Administrator and city staff to discuss specific development plans.

            (b)   The applicant shall file the development stage application within six months after concept plan review, together with all supporting data and the filing fee.

            (c)   Technical staff reports shall be prepared on the proposed development and distributed to the Planning Commission.

            (d)   The applicant or a representative thereof may appear before the Planning Commission in order to answer questions concerning the proposed development.

            (e)   The Planning Commission will make a recommendation to the City Council on the development stage plan.

            (f)   Council action.

               (i)   The applicant or a representative thereof may appear before the City Council in order to present the development stage plan and answer questions concerning the plan;

               (ii)   The Council shall review the development stage plan and any reports and recommendations of advisory commissions and city staff;

               (iii)   The Council shall determine the relationship between the development stage plan and the previously approved concept plan.

               (iv)   Where deemed necessary, an additional public hearing may be required during the development stage of the P.U.D. The public hearing shall be held at the discretion of the City Council and shall comply with the procedures set forth in Subd. 6.b.(2)(c) through (j) of this section.

               (v)   The City Council may require revisions to or modifications of the development stage plan where deemed necessary. Any revision or modification may be referred to the Planning Commission for informational purposes.

               (vi)   Within the time specified in § 1201.25 Subd. 6.b., the City Council shall approve or deny the development stage plan. If approved, the City Council shall include any specific terms and conditions of the P.U.D. into the approving resolution and may require a P.U.D. agreement for multiphased projects or projects that include a subdivision and/or construction of public or private improvements. This agreement shall be signed by the Mayor of the City of Shorewood, City Administrator/Clerk and the applicant within 60 days of Council approval of the development stage plan, unless the City Council receives and approves a request for an extension from the applicant prior to expiration. The request must explain the efforts taken to complete the conditions of approval. If denied, the Council action shall be by resolution setting forth the findings for its action. In all cases, a copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator.

         (5)   Limitation on Development Stage Plan approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the P.U.D. has been filed within six months from the date Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this chapter and/or approved Development Stage Plan, the approval shall expire. Upon application by the applicant, the Council, at its discretion, may extend for not more than six months, the filing deadline for any Final Plan when, for good cause shown, the extension is necessary. In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the General Concept Plan approval and the Development Stage Plan approval for that portion of the P.U.D. that has not received Final Plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable.

         (6)   Site improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the City Engineer may issue, grading permits for the area within the P.U.D. for which Development Stage Plan approval has been given.

      d.   Final Plan.

         (1)   Purpose. The Final Plan is to serve as a complete, thorough and permanent public record of the P.U.D. and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the P.U.D. process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the P.U.D. The Final Plan is intended only to add detail to, and to put in final form, the information contained in the Development Stage Plan and shall conform to the Development Stage Plan in all respects.

         (2)   Schedule. Upon approval of the development stage plan, and within the time established by Subd. 6.c.(5) above, the applicant shall file with the Zoning Administrator a Final Plan consisting of the information and submissions required by Subd. 5.c. of this section for the entire P.U.D. or for one or more stages. This plan will be reviewed and approved/denied by city staff, unless otherwise specified by the City Council.

         (3)   Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final Plan has been approved and is consistent with the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

         (4)   Limitations on Final Plan approval. Approval of the Final Plan P.U.D. shall expire within one year after the City Council grants the approval if construction has not commenced or unless an extension shall have been granted as hereinafter provided. The effect of this expiration shall automatically render void the P.U.D. and all approvals of the P.U.D. plan and the area encompassed within the P.U.D. shall thereafter be subject to those provisions of the zoning ordinance and other ordinances applicable in the district in which it is located. In this case, the Council shall adopt an ordinance repealing all P.U.D. approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.

         (5)   Inspection during development.

            (a)   Compliance with overall plan. Following Final Plan approval of a P.U.D., or a stage thereof, the Zoning Administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approval development schedule.

            (b)   Development not proceeding according to schedule. If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the P.U.D. plans as finally approved, he or she shall immediately notify the Council. Within 30 days of the notice, the Council shall either by ordinance revoke the P.U.D. permit and the land shall thereafter be governed by the regulations applicable in the district in which it is located or shall take the steps as it shall deem necessary to compel compliance with the Final Plans as approved or shall require the landowner or applicant to seek an amendment of the Final Plan.

(1987 Code, § 1201.25) (Ord. 180, passed 5-19-1986; Am. Ord. 411, passed 12-13-2004; Am. Ord. 550, passed - -2018; Am. Ord. 575, passed 12-14-2020)

1201.26 S, SHORELAND DISTRICT .

Subd. 1.   Shoreland Districts. The shorelands within the city are designated as shoreland districts and the requirements set forth in this chapter shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration and development of these areas according to the classification as per M.S., Chapter 105, and Minnesota Regulations parts 6120.2500 - 6120.3900.

Subd. 2.   District application. The S District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the S District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.

Subd. 3.   Boundaries. The boundaries of the Shoreland District are established within the following distances from the ordinary high water level of the surface water depending on the size of the surface water as indicated on the Shorewood Zoning Districts Map.

 

Surface Water	Distance (Feet)*
Greater than 10 acres (Table 1)	1,000
Rivers and streams (draining an area greater than 2 square miles)	300**
* The practical distance may be less whenever the waters involved are bounded by topographical divides which extend landward from the waters for lessor distances and prevent flowage toward the surface water.
** The distance requirement shall be increased to the limit of the flood plain when the flood plain is greater than 300 feet.

 

Subd. 4.   Shoreland classification.

      a.   The surface waters affected by this section and which require controlled development of their shoreland (shoreland district) are shown on the map designated as the official “Zoning Districts Map of the City of Shorewood” which is properly approved and made a part of the ordinance and filed with the Zoning Administrator.

      b.   Surface waters generally greater than ten acres and given an identification number by the State of Minnesota are defined in § 1201.02 and listed in Table 1 of this section. Other surface waters affected by this chapter, generally having less than ten acres, are classified as wetlands and thus regulated under the provisions of Shorewood Ordinance 70 (Chapter 1102 of the City Code).

TABLE 1
SURFACE WATER DISTRIBUTION

DNR Identification Number	Name	Classification
27-133	Lake Minnetonka	GD
27-142	Lake William	GD
27-137	Christmas Lake	RD
27-144	Galpin Lake	GD
10-15	Virginia Lake	RD
27-145	Como Lake	RD
27-136	Silver Lake	NE
–	Purgatory Creek	GD

 

Subd. 5.   Minimum lot and setback requirements.

      a.   The following chart sets forth the minimum area setbacks and other requirements of each respective classification:

	NE Natural Environment	RD Recreational Development	GD General Development
(1) Min. lot size above normal high water mark Abutting water Nonabutting	40,000 sq. ft. 20,000 sq. ft.	20,000 sq. ft. 15,000 sq. ft.	15,000 sq. ft. 15,000 sq. ft.
(2) Lot width at lakeshore setback*	125 ft.	75 ft.	75 ft.
(3) Setback from ordinary high water level*	150 ft.	75 ft.	50 ft.
(4) Setback from public street* Abutting federal, state or county road Abutting town or public road	50 ft. 30 ft.	50 ft. 30 ft.	50 ft. 30 ft.
(5) Max. impervious surface to area ratio	25%	25%	25%
(6) Max. building height (feet)	35 ft.**	35 ft.**	35 ft.**
(7) Side yard setback (lots abutting water)	30 ft. total/10 ft. min.***	30 ft. total/10 ft. min.***	30 ft. total/10 ft. min.***
(8) Setback of roads, parking or impervious surface areas from ordinary high water level****	50 ft.	50 ft.	50 ft.
(9) Structure height (lowest floor) above high water elevation*****	3 ft.	3 ft.	3 ft.
* Setback requirements from the ordinary high water level shall not apply to stairs, lifts, piers and docks. Where development exists on both sides of a proposed building site, building setbacks may be altered to more closely conform to adjacent building setbacks.
**Building heights may be increased as provided in § 1201.03, Subdivision 4c.
***Subject to regulations and exceptions as provided in §§ 1201.10 through 1201.23.
****Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures in (3) above. Natural vegetation or other natural materials shall be required in order to screen parking areas when viewed from the water. Parking areas of more than four spaces shall be screened in accordance with a landscaping plan submitted and approved by the City Council.
*****Does not include piers and docks.

 

      b.   Substandard lot. Any lot of record filed in the office of the Hennepin County Registrar of Deeds on or before the effective date of this chapter, which does not meet the area requirements of this chapter may be allowed as a building site subject to approval of a shoreland impact plan and provided:

         (1)   The lot meets all standards of the applicable zoning use district;

         (2)   The lot is in separate ownership from abutting lands;

         (3)   Except for lot area, all other sanitary and dimensional requirements of the Shoreland District are complied with insofar as practical (70% width and area requirements).

      c.   Placement of structures. Placement of structures shall comply with the provisions of Shorewood Ordinance 109 (Chapter 1101, Flood Control Regulations of the City Code).

      d.   Bluff impact zones. Structures and accessory facilities, except stairways, lifts and landings, must not be placed within bluff impact zones.

Subd. 6.   Development regulations.

      a.   Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland District within the city shall first submit a conditional use permit application as regulated by § 1201.04 and a plan of development hereinafter referred to as “Shoreland Impact Plan,” which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.

         (1)   Exceptions.

            (a)   No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses contained within the R-1A, R-1B, R-1C, R-2A, R-2B or R-2C Districts.

            (b)   No conditional use permit or shoreland impact plan shall be required for the development of permitted uses contained within the R-1A, R-1B, R-1C, R-2A, R-2B or R-2C Districts, provided that the uses are constructed on standard lots when abutting a shoreline and that all the uses are serviced with public sanitary sewer.

            (c)   The provisions otherwise set forth in this chapter and in other applicable local ordinances shall apply to all plats except Planned Unit Development.

         (2)   Subdivision. No land shall be subdivided which is determined by the city or the Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.

      b.   Sewage and waste disposal. Any premises used for human occupancy shall be provided with public sanitary sewer disposal.

      c.   Water supply. Any private supply of water for domestic purposes shall conform to Minnesota Department of Health Standards for water quality. Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with city standards.

      d.   Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

         (1)   Stairways and lifts must not exceed four feet in width;

         (2)   Landings for stairways and lifts must not exceed 32 square feet in area;

         (3)   Canopies or roofs are not allowed on stairways, lifts or landings;

         (4)   Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

         (5)   Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical;

         (6)   Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of items (1) to (5) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.

Subd. 7.   Shoreland alteration.

      a.   The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve shoreland aesthetics.

         (1)   Clearcutting is prohibited within required setback areas and except as necessary for placing public roads, utilities, structures and parking areas.

         (2)   Natural vegetation shall be restored insofar as feasible after any construction project.

         (3)   Selective cutting of trees and underbrush is allowed as long as sufficient cover is left to make cars and structures visually inconspicuous when viewed from the water.

      b.   Grading and filling:

         (1)   Grading and filling within Shoreland Districts, or any alteration of the natural topography where the slope of land is toward a public water or watercourse leading to a public water must be approved by the Building Official and a permit obtained prior to the commencement of any work thereon. The permit may be granted subject to the conditions that:

            (a)   No more than one-third of the surface area of a lot shall be devoid of vegetative ground cover at any time;

            (b)   Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible;

            (c)   Methods to prevent erosion and trap sediment shall be employed in accordance with the Shorewood Subdivision Ordinance (Chapter 1202 of this code);

            (d)   Fill shall not be placed in areas lower in elevation than the normal high water mark;

            (e)   Fill shall be stabilized according to accepted engineering standards;

            (f)   Fill shall not restrict a floodway or destroy the storage capacity of a flood plain;

            (g)   The maximum slope of the finished surface which slopes toward a water body or a watercourse leading to the water body shall be three units horizontal to one vertical;

            (h)   No grading or filling shall be permitted within shore and bluff impact zones;

            (i)   Plans to place fill or excavated material on steep slopes must be reviewed and approved by the City Engineer for continued slope stability and must not create finished slopes greater than three units horizontal to one vertical;

            (j)   Placement of natural rock riprap, including associated grading of the shortline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet;

         (2)   Any work which will change or diminish the course, current or cross section of a public water must be approved by the Department of Natural Resources as per M.S. § 105.44 before the work is begun. This includes construction of channels and ditches, lagooning, dredging of lake bottom for the removal of muck, silt or weeds and filling the lake bed, including low lying marsh areas. Approval shall be construed to mean the issuance by the Commissioner of the Department of Natural Resources of a permit under the procedures of M.S. § 42 and other related statutes;

         (3)   Excavation on shorelands where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, shall require a permit from the Building Official prior to commencement of construction. The permit shall be obtained only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters. Approval will be given only if the proposed work is consistent with applicable state regulations for work in beds of public waters.

      c.   Steep slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

Subd. 8.   Stormwater management. The following general and specific standards shall apply.

      a.   General standards.

         (1)   When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.

         (2)   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

         (3)   When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man- made materials and facilities.

   b.   Specific standards.

         (1)   Impervious surface coverage of lots must not exceed 25% of the lot area, except as provided in § 1201.03 Subd. 2.u. of this code.

         (2)   When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer licensed in the State of Minnesota that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

         (3)   New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

Subd. 9.   Planned Unit Development. The Planned Unit Development provisions contained in § 1201.06 may be utilized within a Shoreland District, when consistent with the provisions of this section and provided that the following requirements are satisfactorily met:

      a.   Preliminary plans shall be approved by the Department of Natural Resources prior to city approval;

      b.   Sufficient open space is preserved through the use of restrictive deed covenants, public dedications and the like;

      c.   The following factors are carefully evaluated to insure that any increased density of development is consistent with the resource limitations of the public water:

         (1)   Suitability of the site for the proposed use;

         (2)   Physical and aesthetic impact of any increased density;

         (3)   Level of current development;

         (4)   Amount and ownership of undeveloped shoreland;

         (5)   Levels and types of water surface use and public access;

         (6)   Possible effects on overall public use;

      d.   Any commercial, recreational, community or religious facility allowed as part of the planned unit development conforms to all applicable federal and state regulations, including, but not limited to the following:

         (1)   Licensing provisions or procedures;

         (2)   Waste disposal regulations;

         (3)   Water supply regulations;

         (4)   Building codes;

         (5)   Safety regulations;

         (6)   Regulations concerning the appropriate use of public waters as defined in M.S., Chapter 105, as may be amended;

         (7)   Applicable regulations of the Minnesota Environmental Quality Board;

         (8)   Storm sewer;

      e.   The final P.U.D. plan shall not be modified or altered in any way without written approval from the Department of Natural Resources;

      f.   P.U.D.’s incorporating shoreline recreational facilities such as beaches, docks or boat launching facilities and the like shall be designed that the facilities are centralized for common utilization.

Subd. 10.   Variance. Variances may be granted by the City Council upon application as required in § 1201.05 of this chapter in extraordinary cases, but only when the proposed use is determined to be in the public interest and no variance shall be granted which the Council determines will or has a tendency to:

      a.   Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in a manner as to increase the height of flooding, except obstructions approved by the U.S. Army Corps of Engineers in conjunction with sound flood plain management;

      b.   Result in compatible land uses or which would be detrimental to the protection of surface and ground water supplies;

      c.   Be not in keeping with land use plans and planning objectives for the city or which will increase or cause danger to life or property;

      d.   Be inconsistent with the objectives of encouraging land use compatible with the preservation of the natural land forms, vegetation and the marshes and wetlands within the city. No permit or variance shall be issued unless the applicant has submitted a Shoreland Impact Plan as required and set forth in this chapter. In granting any variance, the Council may attach the conditions as they deem necessary to insure compliance with the purpose and intent of this chapter.

Subd. 11.   DNR notification procedure.

      a.   Copies of all notices of any public hearings to consider variances, amendments or conditional uses under this section shall be received by the Commissioner of the Department of Natural Resources at least ten days prior to the hearings.

      b.   A copy of amendments and final decisions granting variances or conditional uses under this section shall be received by the Commissioner of the Department of Natural Resources within ten days of final action or amendment.

Subd. 12.   Effect of permit. The granting of any permit, variance or subdivision approval under provisions of this section shall in no way affect the owner’s capability to obtain the approval required by any other statute, ordinance or legislation of any state agency or subdivision thereof. Approval may be expressly given in conjunction with other permits applied for, but no approval shall be implied from the grant of the permits nor from the necessity to apply for a permit as described herein.

(1987 Code, § 1201.26) (Ord. 261, passed 11-30-1992; Am. Ord. 382, passed 3-25-2002; Am. Ord. 420, passed 2-13-2006)