23-073 Approving a Preliminary Plat for Lake Park Villas for Property Located at 24250 Smithtown RoadCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-073
A RESOLUTION APPROVING A PRELIMINARY PLAT
FOR LAKE PARK VILLAS FOR PROPERTY LOCATED AT 24250 SMITHTOWN ROAD
WHEREAS, TSML Properties, LLC. (Applicant), has submitted a request for a preliminary plat
under the Shorewood City Code and under Chapter 462 of Minnesota Statutes for property
located at 24250 Smithtown Road; and
WHEREAS, the property is 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 for the preliminary plat has been submitted in the manner required for
the platting 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 preliminary plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the
City of Shorewood based on the finding that the site attributes and current market conditions
cannot support a higher density, subject to the conditions listed herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
preliminary plat to be called "Lake Park Villas" is hereby approved, subject to the following
conditions:
1. The preliminary plat is approved contingent on the approval of Resolution 23-072 approving
a PUD Development Stage Plan for Lake Park Villas.
2. The preliminary plat for seven lots for single and two-family homes and a commonly owned
outlot is approved according to the plans and materials received May 16 and 18, 2023, June
1 and 7, 2023 and July 5 and 13, 2023 (the "Plans") subject to the conditions listed below.
3. With the final plat application, the Applicant shall submit all information required for the
PUD final plan/final plat in the zoning and subdivision regulations, as well as the following,
consistent with City Code, the engineering guidelines/specifications and the City Engineer's
memo dated July 13, 2023:
a. The homeowner association (HOA) documents, which must include disclosures on the
maximum impervious surface coverage per lot consistent with the exhibit submitted
July 13, 2023, language addressing maintenance of the stormwater features and mains,
the subdivision monument signage and all other common elements, as well as
prohibitions on accessory buildings, storage of recreation vehicles or equipment outside
the home and the requirement that one parking space in the garage must be reserved
for passenger vehicles.
b. The legal descriptions for the maintenance and encroachment agreements.
C. The construction management plan including, but not limited to: the haul route for the
material to be exported, contractor parking, how deliveries will be made without
blocking public streets, where storage of materials will occur on site, hours of
construction, reference the erosion control plan and include the following information
on street cleaning: 1) a minimum of once per day during hauling and grading or as
directed by city and county officials and 2) a minimum of once per week during other
construction or as directed by city and county officials.
d. Revised plans consistent with the Engineer's Memo dated July 13, 2023; the Excelsior
Fire Marshalls comments dated July 19, 2023; and as follows:
1) Revise the landscaping plan to move the trees outside the swales on the east side of
the duplexes.
4. Prior to release of the subdivision for recording, the Applicant shall submit the following:
a. Executed conservation easements, executed development and maintenance
agreements, financial guarantees as required by the development agreement, and the
final draft of the HOA documents.
b. Executed development, encroachment and maintenance agreements, financial
guarantees as required by the development agreement and the final draft of the HOA
documents.
c. Payment of fees for local sanitary sewer access, watermain connection, and park
dedication in the amounts required at the time of final plat approval.
d. Any required permits from other agencies.
5. Prior to grading or utility installation, the applicant shall submit:
a. Applicable permits required by other jurisdictions.
b. Install silt and tree preservation fencing and request inspections.
6. Prior to issuance of any building permits, the Applicant shall submit or complete the
following:
a. The applicant shall submit a soils/geotechnical report from a licensed professional
engineer permits that indicates the soils present on the site and brought in are
adequate to support the construction of the buildings and other improvements.
b. The applicant shall submit recorded copies of all documents, such as the plat,
development agreement, maintenance agreement, separate easements, HOA
documents, etc.
c. The impervious surface coverage shall be consistent with the exhibit submitted on July
13, 2023.
7. The preliminary plat shall expire in 180 days if the Applicant has not submitted a complete
application for final plat. The Applicant may request an extension to the approval subject to
the requirements of Section 1202.03 Subd. 2. f. (3).
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of July, 2023.
ten fifer Lailadie, Mayor
ATTEST:
Sandie Thone, City Clerk