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24-064 Approving a PUD Concept Plan for the Property Located at 24560 Smithtown RoadCITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 24 - 064 A RESOLUTION APPROVING A PUD CONCEPT PLAN FOR THE PROPERTY LOCATED AT 24560 SMITHTOWN ROAD WHEREAS, Admark, LLC. (the "Applicant"), has submitted a request a PUD Concept Plan for a development (the "Request") for the property legally described as: That part of Lot 25, Auditor's Subdivision Number One Hundred Thirty -Three (133), Hennepin County, Minnesota, described as follows: Commencing at the intersection of the south line of said Lot 25 and its easterly extension with the west right-of-way line of Hennepin County State Aid Highway No. 19, Plat 57: thence southwesterly along said south line of said Lot 25 and its easterly extension, a distance of 373.185 feet; thence northerly, parallel to that part of the west right-of-way line of said Highway Plat lying north of the south line of said Lot 25, a distance of 196.67 feet; thence v westerly, parallel with the north line of said Lot 25, a distance of 72.11 feet to the point of beginning of the land to be described; thence northerly, parallel to said west right-of-way line of said Highway Plat, a distance of 182.47 feet to the north line of said lot 25; thence westerly along said north line a distance of 103.45 feet to the northwest corner of said Lot 25; thence southerly along the west line of said Lot 25 a distance of 411.01 feet to the south line of said Lot 25; thence easterly along said south line of said Lot 25 to a line drawn southerly from the point of beginning and parallel with that part of the west right-of-way line of said Highway Plat, lying north of the south line of said Lot 25, thence north along said last described parallel line to the point of beginning. Being Torrens Property as evidenced by Certificate of Title No. 788511 (the "Property"); and, 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 is hereby approved according to the plans and materials submitted May 21, June 3, July 3, and August 19, 2024, (the "Plans") subject to the conditions listed below. 2. 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 July 10, 2024. A. Revise the plans consistent with the concept plan submitted August 19, 2024. B. Detailed information on the amount of material to be exported/imported, including where on the property it will be removed, erosion control methods, the haul route proposed, etc. C. A utility plan indicating that all homes in the development may be served by gravity sewer. D. The HOA documents must include responsibility for maintenance of common areas including the storm water features, private drive, all landscaping and other shared improvements. The HOA documents must also include language requiring the garages to be kept clear of storage items so that a minimum of one -car may be stored within and all vehicles parked on the driveway can't hand into the fire lane. The document must also include language that one trash/recycling hauler, one snowplow/landscaping company, etc. shall service the entire development. E. Provide executed easements and agreements, including stormwater maintenance, development and encroachment agreements. F. Revised plans indicating the following: 1) Amend the landscaping plan to provide all the required detail on the trees to be planted, including, but not limited to, size, specie, location, etc. and provide four of the trees to be hardwood maples such as sugar or red. 2) The curbs of the fire lane turnaround should be painted yellow and the entire private drive should be signed for "no parking by order of the fire marshal". The guest parking spaces must be beyond the required dimensions for the turnaround. 3) The trail into Gideon Glen shall be a mowed turf trail rather than other surfaces. 3. The PUD Concept Plan is approved to allow six single-family homes as detached townhouses as a permitted use within this subdivision and accessory uses and dimensional requirements as allowed by the R-11) district except as provided herein and as shown on the Plans, 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. 4. The PUD Concept Plan is approved allowing the following dimensional requirements: 1) Setback to the internal private drive: 20 feet to the garage; 2) Setback to north property line: 40 feet; 3) Setback between units shall be: 16 feet; 4) Setback to east property line: 5 feet for the private drive; 5) Setback to the west property line: 10 feet; 6) Setback to Smithtown Road right-of-way: 30 feet for structures; 7) No dwelling or other structure attached to the principal dwelling may cross a property line; and, 8) Basement options shall only be provided for lots where egress wells are not needed for basement bedrooms. 5. Maximum height shall be determined with the PUD Development plan. 6. The lots areas and widths for each residential property shall be as shown and approved on the final plat. 7. The development shall have one provider of trash and recycling for all properties. 8. The applicant should consider working with the property owner to the east to replace the wood fence with a new privacy fence. 9. 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). ADOPTED BY THE CITY COUNCIL OF SHOREWOOD Minnesota this 261h day of August, 2024. Jennifer Labadie, Mayor ATTEST: Sandie Thone, City Clerk