23-072 Approving a PUD Development Stage Plan for "Lake Park Vills" on the Property Located at 24250 Smithtown RoadCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23 - 072
A RESOLUTION APPROVING A PUD DEVELOPMENT STAGE PLAN FOR "LAKE PARK VILLAS" ON
THE PROPERTY LOCATED AT 24250 SMITHTOWN ROAD
WHEREAS, TSML Properties, LLC. (Applicant), has submitted a request for a PUD Development
Stage Plan for a development to be called "Lake Park Villas" (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 development stage plan for a development to be called "Lake Park
Villas" 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 May 16 and 18, 2023, June
1 and 7, 2023 and July 5 and 13, 2023, (the "Plans") subject to the contingency and
conditions listed below.
2. The PUD is approved with the following flexibility:
a. Providing a development with less than six units to the acre.
b. Using a private drive for access to the units instead of a public street.
c. Lot area of about 8,900 square feet per dwelling where the minimum is 10,000 square
feet.
d. Impervious surface coverage of about 43 percent where the standard is 33 percent.
e. A fence of eight feet in height within 5 feet of a retaining wall (subject to a separate
permit).
f. Export of 4,500 cubic yards of material.
3. The permitted accessory uses shall be as allowed by the R-2B district except that the
following is prohibited:
a. Storage or parking of recreational vehicles or equipment outside the garage.
b. Any garage that does not include at least space for one passenger vehicle (not including
commercial or recreational vehicles or equipment).
c. Renting garage space to nonresidents of the property.
d. Noncommercial greenhouses and conservatories and other accessory structures like
storage shed.
4. The setbacks and dimensional requirements for the development areas follows:
a. Setback to the internal private drive: 25 feet to the garage;
b. Setback between structures: 16 feet;
c. Setback to north property line: 40 feet;
d. Setback to east property line: 45 feet;
e. Setback to Smithtown Road right-of-way: 35 feet for structure, 32 feet for deck.
f. No dwelling or other structure attached to the principal dwelling may cross a property
line.
g. Air conditioners and egress windows may encroach no greater than four feet into the
required setbacks.
h. The height of all homes may not exceed 35 feet
5. The lot areas and width shall be as shown and approved on the final plat
6. The development shall have one provider of trash and recycling for all properties.
7. No parking shall be permitted on the private road, except in the guest parking spaces and
the applicant shall install "No Parking Signs" as directed by the Fire Marshal.
8. 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.
9. Prior to Council review of the final plat, the applicant shall submit the homeowner
association documents for the development which must include disclosures on the
maximum impervious surface coverage per lot and language addressing maintenance of the
infiltration basin and storm water pipes as well as all other common elements and the
limitation that the garages must maintain at least one parking space for a passenger vehicle
not including recreational vehicles or equipment, the HOA shall maintain the right-of-way
adjacent to the property, and prohibiting outdoor storage of personal items and storage
sheds.
10. The applicant shall restore all disturbed portions of the property with slopes no steeper
than 3:1.
11. The applicant shall establish ground cover within seven days after grading is completed
12. The applicant shall be responsible for maintaining any damage to the public sidewalk during
construction.
13. The city's chainlink security fence shall remain in place, undisturbed through the
construction process.
14. The permit for the model home shall not be issued until the water, sewer and storm sewer
mains are installed and the curbs and one lift of asphalt is complete. One home may be
used as a model/sales office until permits are issued for the last structure in the
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development. At that point the model home must be converted back to a home and the
improvements removed. The model home is further restricted as follows:
a. One handicapped accessible parking space be provided with a compliant walk -way to
the home and a handicapped accessible port -a -patty be provided adjacent of the model
home unless handicapped accessible facilities are provided within the unit.
b. Any lighting for the home shall be limited by the lighting regulations and shall be turned
off one hour after the real estate office closes or 8 p.m. whichever occurs first.
c. Temporary signage for the model is limited to 30 square feet in area, which may be
allocated to a maximum of two signs.
d. No flags (except for one US flag) or pennants shall be installed on the model home
property
15. The approval for the PUD Development Stage Plan shall expire in 180 days if the applicant
has not submitted a complete application for PUD Final Stage Plan, except that the
applicant may request an extension to the approval subject to the requirements of Section
1201.25 Subd. 6. d. (5).
ADOPTED BY THE CITY COUNCIL OF SHOREWOOD Minnesota this 24th day of July, 2023.
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Je ifer La die, Mayor -
ATTEST:
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Sandie Thone, City Clerk