15-073RESOLUTION NO. 15 -073
A RESOLUTION APPROVING A P.U.D. CONCEPT PLAN
FOR MATTAMY (MPLS) PARTNERSHIP (MINNETONKA COUNTRY CLUB
REDEVELOPMENT)
WHEREAS, Mattamy (Mpls) Partnership (Applicant) has an interest in certain real
properties located in the City of Shorewood, County of Hennepin, legally described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, in January of 2015 the Applicant filed a pre- application for a
Comprehensive Plan amendment to reclassify the Minnetonka Country Club from "Semi- Public"
to "Low Density Residential (1 -2 units per acre) "; and
WHEREAS, the City Council hired an independent planning consulting firm to conduct
a study of the golf course site and the surrounding area, and appointed a Planning Advisory
Committee to assist the Planning Commission and City Council in determining the best use for
the property and surroundings; and
WHEREAS, after a series of meetings over several months, the Planning Advisory
Committee forwarded its findings to the Planning Commission and City Council, which findings
are on file at the Shorewood City Hall; and
WHEREAS, the Planning Commission held an open house meeting on 28 July 2015 and,
after legal notice was published in the official newspaper, the Planning Commission conducted a
public hearing on 4 August 2015, the minutes of which are on file in the Shorewood City
Offices; and
WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the
construction of a residential planned unit development known as Minnetonka Country Club
Redevelopment, containing one hundred and forty (140) single- family lots on approximately
118.64 acres of land; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 29
July 2015, which memorandum is on file at City Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 28
July 2015, which memorandum is on file at City Hall; and
WHEREAS, the Park Commission, at its regular meeting of 11 August 2015
recommended that the City should require cash in lieu of land to satisfy the park dedication
requirement for the development; and
WHEREAS, the Planning Commission at its regular meeting of 18 August 2015
recommended approval of a Concept Plan for redevelopment of the Minnetonka Country Club
property, subject to conditions; and
WHEREAS, after legal notice was published in the official newspaper, the City Council
conducted a public hearing on 14 September 2015, at which time the findings of the Planning
Advisory Committee, the recommendation of the Park Commission, the recommendation of the
Planning Commission, the recommendations of staff were reviewed and public testimony was
heard, the minutes of which meeting are on file in the Shorewood City Offices; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The Applicant's request for approval of a Concept Plan for the Minnetonka
Country Club Redevelopment P.U.D. is subject to the following conditions of approval:
(a) This approval allows as many as 140 single- family residential units to be
constructed on 118.64 acres of land resulting in a density of 1.2 units per 40,000
square feet of net buildable area.
(b) The project shall include a mix of traditional single - family residential
homes and age- targeted single - family homes. Minimum building setbacks for the
traditional homes shall comply with those set forth in the R -1 C Zoning District of
the Shorewood Zoning Code. Minimum building setbacks for the age- targeted
homes shall be: 25 feet front; 30 feet rear; 7.5 feet side; and 25 feet side yard
abutting the street.
(c) The proposed circulation system will include a second access /entry to
Smithtown Road, creating two means of ingress and egress from Smithtown
Road.
(d) City- designated and Wetland Conservation Act wetland buffers shall be
determined at the time of Development Stage Plan approval.
(e) A 15 -foot structure setback shall be maintained from the buffer areas
referenced in (d) above.
(i) The Applicant shall dedicate wetland conservation easements over the City
designated and Wetland Conservation Act wetlands and the buffer area required in
(d) above.
-2-
(g) Upon completion of final grading, the Applicant shall place survey
monuments locating the wetland buffer area on each lot.
(h) Protective covenants for the P.U.D. shall clearly set forth provisions for
protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site
alteration, etc.).
(i) Preserved open space and the trail system will be owned and maintained
by the City of Shorewood.
(j) The development stage plans will include the dedication of additional
public right -of -way for Smithtown Road and Country Club Road, abutting the
development, bringing the total right -of -way width for both streets to 66 feet.
(m) The Applicant shall submit a tree inventory and reforestation plan as part
of the development stage plans.
(n) The P.U.D. shall be connected to the municipal water system and shall be
subject to the assessment and connection policies in effect at the time the final
plan is approved.
(o) The Applicant shall enter into a pre - development agreement (Exhibit B,
attached) prior to submitting an application for development stage plan approval.
(p) The Applicant shall enter into a separate escrow agreement to ensure site
restoration measures are in place following remediation of contaminated soils on
certain locations within the property.
2. City Council approval of the Concept Plan is subject to all applicable standards,
regulations, and requirements of the Shorewood City Code.
3. Approval of the Concept Plan is not intended, nor does it act to grant approval of
a Development Stage Plan or Final Stage Plan which are required pursuant to Section
1201.25 Subd. 6.(c) and (d).
-3-
CONCLUSION
1. The application of Mattamy (Mpls) Partnership for approval of the Concept Plan
for the Minnetonka Country Club Redevelopment P.U.D. as set forth above is hereby
approved.
2. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 12th day of October, 2015.
_I
Jean Panchyshyn, City Clerk
0
Sc ' Zerby, a or
(insert legal description)
MWOU-11M.,
CITY OF SHOREWOOD
HENNEPING COUNTY, MINNESOTA
PRE- DEVELOPMENT AGREEMENT
(Minnetonka Country Club)
THIS AGREEMENT, made and entered into this day of October, 2015, by and between the
City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota,
(the "City "), and Mattamy Minneapolis LLC, a limited liability corporation organized under the
laws of the State of Delaware (the "Developer ").
RECITALS
1. The Developer has requested to make certain applications to the City for the
property described in the attached Exhibit A (the "Property "), upon which the Developer
proposes the construction of its project (hereinafter the "Project ").
2. The Project requires approval of City Comprehensive Plan and Zoning Ordinance
amendments.
3. The Project has received Comprehensive Plan and Concept Stage Planned Unit
Development approval as reflected in Shorewood Resolution 2015 -xx.
4. The Developer seeks to undertake certain on -site pre - development activities on
the Property including demolition of the clubhouse, accessory buildings and remediation
of certain contaminated soils.
5. The Developer seeks to enter into this Pre - Development Agreement to
acknowledge the City's consent to the pre - development activities and which further
obligates the Developer to reimburse the City for certain expenses associated with the
development applications.
6. The Developer further seeks to enter into this Pre - Development Agreement which
confirms the cost participation for the design, construction and implementation of public
improvements of Shorewood, Minnesota.
1. Developer petition for application. Developer intends to make application for
approval of Development Stage PUD and Final Stage PUD (the "Applications "). Developer
acknowledges that this Agreement does not grant any approvals for the Project, the development,
permits, building or land disturbance, land use permits or other preliminary or final permits.
2. City Authorization. The City authorizes the Developer to undertake the
remediation of contaminated soils in the tee box and putting green areas of the Property. Subject
to application for and issuance of a building permit, the City further authorizes the demolition of
the clubhouse and other buildings on the Property.
a1mrowgi
3. Developer reimbursement of City expenses. The Developer agrees to reimburse
the City for all out -of- pocket expenses incurred by the City in the processing and permitting of
those certain applications for permitting, approval and development of the Project on the
Property. Developer agrees to reimburse the City within 45 days of invoice for all out -of- pocket
expense incurred by the City including but not limited to expert consultation expenses of
engineering, planning, landscape architect, and legal services as well as publication of notices.
4. Escrow Deposit. At the time of filing Applications, Developer shall pay to the
City an escrow deposit in the amount of $25,000.00 (the "Escrow Deposit "). The Escrow
Deposit will be deposited on account and remain there until completion of all City work. The
City reserves the right to apply any portion of the Escrow Deposit toward a delinquent payment
or to apply upon final billing for planning, engineering or legal services paid for by the City.
The City shall return to the Developer all excess funds on deposit within 60 days of a)
completion of the pre- development process established by application denials by the City council
or execution of a Project Development Agreement; or b) withdrawal of the applications by he
Developer.
5. Binding effect. The terms and provisions herein shall be binding upon and
anywhere to the benefit of the heirs, representatives, successors and assigns of the parties hereto
and shall be binding upon current and fixture owners of the Property.
6. Notice. Any notice or correspondence to be given under this Agreement shall be
given if delivered personally or by U.S. Mail:
City: Bill Joynes Developer: Rick Packer
City Administrator Land Development Manager
5755 Country Club Road Mattamy Homes
Shorewood, MN 55331 7201 Washington Avenue South
Edina, MN 55439
Or such other address as either party may from time to time modify by notifying the other
party in writing.
7. Remedies on Default. Whenever any event of default or failure to conform to the
terms and conditions of this Agreement occurs, the City shall give notice of the event of default
or failure to perform to the Developer by United States mail to the last known address. If the
Developer fails to cure the event of default or failure to perform within thirty (30) days after the
date of mail notice, and in addition to any other remedy provided herein, and without waiver of
any such right, the City may avail itself of any or all of the following remedies for so long as the
Developer is in default.
a) Halt all Project development work until such time as the event of default is cured.
b) Withhold building permits or occupancy permits within the Project.
c) Apply to a court of competent jurisdiction to enjoin the continuation of the default
and any other remedies as provided in equity or in law.
d) The City may draw upon and utilize the Developer's funds and /or security in order
to cover the costs of the City to correct the event of default.
-2-
e) Fees and costs incurred in the enforcement of the terms of this Agreement shall be
the responsibility of the non- prevailing party.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly
executed on the day and year first above written.
CITY OF 1' 1; MATTAMY HOMES !;
MINNESOTA I
By: By:
Its: Its:
-3-