Check out the attached letters, ordinances, and plans where the City of Shoreview made promises, assurances and agreements for over 30 years to not allow for apartments or other high-density development at the Union Gospel Mission site on Snail Lake.
The city's promises started by at least 1992. As you can see from the attached letters, highlighted in yellow, the city promised to limit shoreland development a) at this very site to b) low-density of 4 or less residential units per acre, c) a maximum height of 35 feet, d) no variances, and e) limited lake access due to environmental and other concerns.
The city's assurances continued in 1993 when the shoreland management ordinance was enacted. As enacted, the ordinance did not contain any standards for shoreland PUDs because the city agreed that high-density development would not be allowed here. Decades later, the ordinance still does not allow for high-density shoreland PUDs such as apartments. Compare the current city ordinance 209.080 at 209 Environmental Standards (shoreviewmn.gov) to the state administrative rule at 6120.3800 - MN Rules Part and you can see the city has not ever allowed for high-density shoreland PUDs, which are different than PUDs.
The agreement was renewed in 2021 when Shoreview's Comprehensive Plan was approved. The plan incorporates a future land use map showing the Union Gospel Mission site as Residential Medium with 4 - 8 units per acre. The map is attached and also can be accessed in the Land Use section of the Comprehensive Plan at 637838005786830000 (shoreviewmn.gov).
Since 2021 the city has been working on the attached draft Development Code Update. That draft zones the subject site as Mixed Use Neighborhood and only allows for single family homes, twin homes and attached townhouses or rowhouses. No apartments are allowed.
In April of 2024, Urban Works Architecture, on behalf of Tycon Companies, submitted development applications for the 580 Hwy 96, former Union Gospel Mission property. The proposal creates a residential development with an undeveloped lot to the north. They submitted the following applications:
The development includes:
o 8 lakeside single family homes (6.18 acres)o 17 detached villa lots (4.4 acres) § A controlled access beach lot is proposed as part of the villa developmento Access from Harbor Court
o Northern lot: Rezoning to UND, urban under-developed. Future Land Use of Institutional is not changing for this Outlot. o 6.35 acres o No plans have been submitted for this lot. Any future development of the site will be required to go through a comprehensive plan amendment and rezoning. The City Council voted to approve the application on May 20, 2024. Tycon cannot begin any work until they apply for and receive a demolition permit, which has not been requested as of August 5, 2024. The Shoreview Lakes Preservation team met with City leaders on August 5, 2024, to discuss key issues of maximum lot coverage, setbacks and open space especially for the villas and Outlot B. The City has agreed to formulate written responses to those questions and later share the responses with us. The shared goal is to provide clarity.
The court ruled against Tycon finding Tycon's lawsuit and motion against the DNR were premature especially when Tycon has no proposal pending and no final ruling by the governmental entities involved including the City of Shoreview, DNR and Met Council.
We await a court ruling that will determine whether or not the Minnesota Department of Natural Resources (DNR) has approval power over large developments on shoreland in Shoreview. The DNR has shown compelling evidence that it does have jurisdiction and that the city made promises to not build high-density housing on shoreland. Here’s a look at the timeline in recent months.
Legal arguments were made in front of a judge. The judge’s ruling is expected by mid-May.
Tycon filed suit against the DNR seeking a court ruling in the matter. CLICK HERE for the lawsuit documents. The case number is 62-CV-22-6669.
The city told the developer, Tycon Companies, Inc. that it would need to show evidence that the DNR doesn’t have approval power over the proposal, according to a court affidavit filed by an architect for the developer.
Tycon formally withdrew its development application.
The Minnesota Department of Natural Resources (DNR) sent a letter to the city stating that the agency has jurisdiction over approval of the project. The DNR said that the proposal is for a building larger than four units, which makes the proposal a Planned Unit Development (PUD) by Minnesota Rules 6120.3300, sub. 2(A). Shoreview code cedes approval power over PUDs to the DNR as stated in City Code 209.080(N)(5) and Minn. Rules 6120.3800, Subp. 1. CLICK HERE for the DNR letter.
Furthermore, The DNR provided documents that demonstrated promises made by the city as early as 1992 that high-density developments (greater than 4 units per acre) would not be allowed on shoreland. CLICK HERE, HERE and HERE for those documents.
The developer, Tycon Companies LLC, submitted its Environmental Assessment Worksheets (EAW) to the city for the development they have dubbed "The Bluffs." The city gave the developer the go-ahead to submit the EAW to agencies and departments that have say over the development, such as the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources. Based on our review, the EAW contains numerous omissions and errors.
At Shoreview’s City Council meeting, the council voted to approve an Environmental Assessment Worksheet (EAW) that would pave the way for the council to approve a proposed 160-unit apartment building and 19 houses on the former site of the Union Gospel Mission at the northeast corner of Snail Lake. An earlier proposal had the apartment at 268 units with 29 additional houses.
In October, the Shoreview City Council directed the developer, Tycon Companies, to make changes to its concept-level proposal before submitting it to the city again. The process is likely to take four or five months, so we expect a development-stage proposal by March or April.
We have been in contact with the Department of Natural Resources (DNR) about what their expectations will be for the development. The DNR is solely interested in protecting the lake and parts of the development that could affect the lake, including preservation of the bluff and shoreline, adequate open space and limited lake access for residents. The DNR is aware of our group’s concerns.
Meanwhile Tycon has been working on an Environmental Assessment Worksheet (EAW). It might be submitted early enough for the Shoreview City Council to consider it at its February 7 meeting. At that time, the council may approve the release of the worksheet for public comment and input from many agencies such as the DNR, the watershed district, etc.
Tom Simonson, Assistant City Manager, wrote: "The tentative schedule, in accordance with the rules, has the matter returning to the City Council on April 4 for action on the EAW.
"The City has not received any development application(s) yet from the developer for the formal review of the PUD development stage plans. I do not have any indication what the timing of their submission will be but my guess is they will wait until the EAW process is well underway, if not fully completed. The City will not (cannot) take formal action on the PUD development stage until the EAW process is complete.
January 18, 2022
Starting today, we will have a half-page ad running in the Shoreview Press. CLICK HERE to view our press ad.
October 27, 2021
Over a dozen people showed up to a recent City Council meeting regarding the development of the former 18.44-acre Union Gospel Mission site located south of Highway 96 and east of Snail Lake. CLICK HERE to view the full article.
October 18, 2021
Watch the full video of the Shoreview city council meeting held on October 18, 2021
Shoreview City Council Meeting
September 28, 2021
Watch the full video of the Shoreview Planning Commission Meeting
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