23-047 Approving a PUD Concept Plan for the Property Located at 24250 Smithtown RoadCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23 - 047
A RESOLUTION APPROVING A PUD CONCEPT PLAN FOR THE PROPERTY LOCATED AT 24250
SMITHTOWN ROAD
WHEREAS, TSML Properties, LLC. (Applicant), has submitted a request a PUD Concept Plan for a
development to be called "Smithtown Road Redevelopment" (the "Request") for the property
legally described as:
That part of Auditor's Subdivision No. 133, lying east of the west 220.82 feet of Lot 3;
and lying southerly and westerly of the following described line A:
Line A: Beginning at a point on the east line of the west 220.82 feet of Lot 3 a distance
of 430 feet north of the northerly boundary of County Road 19; thence east at right
angles to a point distance 70 feet west of the east line of Lot 3; thence south parallel to
the east line of Lot 3 to the northly boundary of County Road 19 and there terminating.
(the "Property")
WHEREAS, the Request has been submitted in the manner required for the development of
land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all
proceedings have been duly consistent thereunder; and,
WHEREAS, said Request is consistent with the regulations and requirements of the laws of the
State of Minnesota and the City Code of the City of Shorewood for the approval of such a
request.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, AS FOLLOWS:
1. The Request for a PUD concept plan for a development to be called "Smithtown Road
Redevelopment" for 7 lots for single- and two-family homes and one lot to be owned in
common is hereby approved according to the plans and materials submitted January 24,
and March 21, 2023, (the "Plans") subject to the contingency and conditions listed below.
2. The approval of this request is contingent upon the approval of the request by the City of
Tonka Bay as shown on the Plans.
3. While the development doesn't technically meet the comprehensive plan, the site
attributes and current market conditions cannot support the higher density.
4. With subsequent applications, the Applicant shall submit plans and materials as required by
the zoning and subdivision regulations and elsewhere in City Code and as may be indicated
by the City Engineer's Memo dated March 30, 2023.
5. With the next phases of development, the applicant shall also submit the following:
A. Detailed information on the materials to be exported, including where on the property
it will be removed, erosion control methods, the haul route proposed, etc.
B. Detail on materials for the fence and the retaining wall.
C. Elevations and concept floor plans for all structures in the development.
6. The PUD Concept Plan is approved to allow seven single- and two-family homes as the
permitted use within this subdivision and accessory uses and dimensional requirements as
allowed by the R-2B district except as provided herein and as shown on the Plans dated
March 21, 2023 and except that the following accessory uses shall not be permitted: 1)
storage or parking of recreational vehicles or equipment outside the garage; 2) any garage
that does not include at least space for one passenger vehicle (not including recreational
vehicles or equipment); 3) renting garage space to nonresidents of the property; and 4)
noncommercial greenhouses and conservatories; and 5) accessory structures like storage
sheds.
7. The PUD Concept Plan is approved allowing the following dimensional requirements:
1) Setback to the internal private drive: 25 feet to the garage;
2) Setback between structures: 16 feet;
3) Setback to north property line: 40 feet;
4) Setback to east property line: 45 feet;
5) Setback to Smithtown Road right-of-way: 35 feet for structure, 32 feet for deck.
6) No dwelling or other structure attached to the principal dwelling may cross a property
line.
8. Maximum height shall be determined with the PUD Development plan.
9. The lots areas and widths for each residential property shall be as shown and approved on
the final plat.
10. The development shall have one provider of trash and recycling for all properties.
11. The City Council hereby authorizes the staff to work cooperatively with Tonka Bay's staff to
draft potential agreements for stormwater maintenance, utility agreements and
encroachment agreements for private streets over public utilities. All such agreements shall
be reviewed, approved and executed by the Shorewood City Council prior to recording the
plat or disturbing the site.
12. With subsequent applications, the applicant shall provide shared access agreements
concerning the alteration and maintenance of the private drive shared with the property to
the east.
13. The approval for the PUD Concept Plan shall expire in 180 days if the applicant has not
submitted a complete application for PUD Development Plan, except that the applicant may
request an extension to the approval subject to the requirements of Section 1201.25 Subd.
6. c. (5).
2
ADOPTED BY THE CITY COUNCIL OF SHOREWOOD Minnesota this 8th day of May, 2023.
Je ifer abadie, Mayor
ATTEST:
tnj'�
Sandie Thone, City Clerk