99-045
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CITY OF SHOREWOOD
RESOLUTION NO. 99-045
A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF
SHOREWOOD PONDS P.U.D.
WHEREAS, the final plat of the Shorewood Ponds P.U.D. has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter 462
of Minnesota Statues, and all proceedings have been duly had thereunder; and
WHEREAS, said 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; and
WHEREAS, the final plan for the P.U.D. has been submitted, pursuant to Section
1201.25 of the City Code; and
WHEREAS, the final plan is consistent with the concept and development stage plans
previously approved for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Shorewood Ponds is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Planned Unit Development Agreement for the Shorewood Ponds P.U.D.,
attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the said Planned Unit Development Agreement on behalf of the City
Council.
4. That the final plat, together with this Resolution, the Planned Unit Development
Agreement, and the Declaration of Covenants, Conditions and Restrictions of Shorewood Ponds,
attached hereto, shall be filed and recorded within thirty (30) days of the date of certification of
this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
June, 1999.
ATTEST:
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J a : S C. Hurm, City Administrator/Clerk
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Woody Love, Mayor
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CITY OF SHOREWOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
SHOREWOOD PONDS P.D.D.
THIS AGREEMENT, made this~I~..Jday of October, 1999 by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the
"City," and SYLVIA DEVELOPMENT, LP, a Limited Partnership organized under the laws of
the State of Minnesota, hereinafter referred to as the "Developer."
WHEREAS, the Developer has as interest in certain lands legally described in Exhibit A,
attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, the Developer proposes to develop the Subject Property by means of a
Planned Unit Development ("PUD") consisting of 62 building lots, two common area lots and
two outlots; and
WHEREAS, the Developer has made application with the Zoning Administrator for a
Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage Plan
for the property, which matters were considered by the City Planning Commission at Public
Hearings held on 5 August 1997 and 6 April 1999; and
WHEREAS, upon recommendation of the Shorewood Planning Commission, the City
Council did consider and grant Concept Plan approval as set forth in Resolution No. 99-008 and
Development Stage Plan approval subject to recommendations contained in a staff report, dated
15 April 1999, prepared by the City Planner;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution No. 99-008, incorporated
herein as Exhibit B. In addition, development of the property is subject to the requirements of
Section 1201.03 Subd. 20. of the Shorewood Zoning Code pertaining to elderly housing.
(01) Maximum building height, as defined by the Shorewood Zoning Code, shall be
one story.
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(02) Use of Outlots within the plat: Outlots A and B shall be conveyed to the City of
Shorewood for wetland conservation and public trail purposes. In addition, the
Developer shall provide deeds for easements as necessary to include portions of public
trails located outside of the outlots.
(03) The Developer shall comply with the requirements of Shorewood's wetland code
(Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas
adjacent to wetlands be maintained in their natural state.
(a) A minimum 35-foot buffer strip shall be maintained adjacent to all
wetlands.
(b) Natural vegetation shall be maintained in wetland buffer strips. Where
disturbed by site development, wetland buffer strips shall be restored with natural
vegetation.
(c) Wetland buffer strips shall be identified within each lot by permanent
monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland buffer
strip and as necessary to establish required setbacks from the wetland buffer strip.
Monuments shall be placed within 60 days of completion of site grading or prior
to issuance of a building permit, whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or
Registrar of Titles, a notice of the wetland buffer requirement against the title of
each lot with a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and play
equipment may be located in the wetland buffer strip or the required wetland
setback area, except that public trails shall be allowed within the wetland buffer
strip and setback areas.
2.) Improvements Installed bv Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements, hereinafter referred to as the Improvements:
(01) All site grading including building pad correction where needed;
(02) Public and private street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities:
(06) Street name signs and traffic control signs;
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(07) Required landscaping and reforestation;
(08) Public trail grading and bituminous surfacing
consistent with the plans and specification prepared by Westwood Professional Services, Inc.,
dated 17 September 1999, and recei ved and approved by the City Engineer.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate
agreements with the Developer.
3.) Final Plan. Grading:, Drainag:e and Utilitv Plan. Building Plan - The Developer
has filed with the City Clerk the final plat titled Shorewood Ponds for the development of the
Subject Property. Said plat is attached hereto and made a part hereof as Exhibit C. Said final
plat, together with the Grading, Drainage, and Utility Plan, the approved building plans, and the
Tree Preservation and Reforestation Plan, all of which plans are on file at the Shorewood City
Offices, and this Development Agreement, is herewith adopted and approved by the City as the
Developer's final plan for development of the property.
4.) Pre-construction Meeting: - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood
City Hall. Such meeting shall be coordinated with the City Engineer and shall include all
appropriate parties specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the Improvements set
forth in 2.) above, shall equal or exceed City standards, shall be constructed and installed in
accordance with engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that all of said work shall be
subject to final inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of said
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to the inspection and approval of the City. In case any materials or labor supplied shall
be rejected by the City as defective or unsuitable, then such rejected materials shall be removed
and replaced with approved materials, and rejected labor shall be done anew to the satisfaction
and approval of the City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form
of a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the
final lift of asphalt and landscaping of individual units, shall be performed to be completed by 15
December 1999. The final lift of asphalt shall be completed by I July 2000. Landscaping of
individual units shall be completed as buildings are completed. Upon receipt of written notice
from the Developer of the existence of causes over which the Developer has no control, which
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will delay the completion of the work, the City, at its discretion, may extend the dates specified
for completion.
The Developer hereby agrees to maintain the public and private streets by providing services
such as snowplowing or cleaning of the roadway until such time as the City has inspected and
accepted the final lift of asphalt for said streets. Maintenance of the private street shall be the
responsibility of the Developer or the homeowner's association.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of
the Improvements, Developer shall cause its engineer to prepare and file with the City a full set
of "as-built" plans, including a mylar (3.5 mil thickness minimum) original and two (2) black line
prints, showing the installation of the Improvements within the plat. Failure to file said "as-built"
plans within said sixty (60) day period shall suspend the issuance of building permits and
certificates of occupancy for any further construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements, if any, from
abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface
water drainage facilities and watermains within the plat, and thereafter promptly assign said
easements to the City.
10.) Pre-existing: Drain Tile - All preexisting drain tile disturbed by Developer
during construction shall be restored by Developer.
11.) Staking, Surveving: and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the Improvements and delineation of the
wetland buffer areas. In order to ensure that the completed improvements conform to the
approved plans and specifications, the City will provide for resident inspection as determined
necessary by the City Engineer.
12.) Construction Inspection - The City of Shorewood shall utilize the services of the
City's Engineering Consultant to provide construction inspection on a full time basis for which
the Developer hereby agrees to compensate the City of Shorewood for all expenses incurred for
such services.
13.) Grading, Drainage, and Erosion Control- Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the City
Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within and adjoining the plat free of all dirt and
debris resulting from construction therein by the Developer, its agents or assignees.
14.) Soils Testing:IGeotechnical Services - The City of Shorewood shall utilize the
services of a soils testing firm, as determined by the City Engineer, to perform routine soil
density testing, compaction testing, bituminous coring and testing, and concrete cylinder testing
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during construction. The Developer hereby agrees to reimburse the City of Shorewood for all
costs incurred during construction for such routine soils testing.
15.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices.
16.) Access to Residences - Developer shall provide reasonable access, including
temporary grading, graveling and snowplowing, to all residences affected by construction until
the public street is accepted by the City.
17.) Occupancv Permits - The City shall not issue a permanent certificate of
occupancy until the first lift of bituminous surfacing has been installed on the road serving the
units for which a certificate of occupancy is requested. Certificates of occupancy for buildings
adjacent to the public trail shall not be issued until the trail has been completed.
18.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer's engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
19.) Restoration of Streets, Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
20.) Required Landscaping - The Developer shall provide a letter of credit or cash
escrow for the purpose of assuring that required landscaping in the common and revegetation of
wetland buffer areas shall be constructed and installed according to the plans approved by the
City.
Landscaping associated with individual unit lots shall be constructed and installed prior to
issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not
been completed at the time of occupancy, the Developer shall escrow $1000 per unit to ensure
that the required landscaping shall be installed within eight months.
21.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 31 below.
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22.) Claims for Work - The Developer or its contractor shall do no work or furnish'
no materials not covered by the plans and specifications and special conditions of this
Agreement, for which reimbursement is expected from the City, unless such work is first ordered
in writing by the City Engineer as provided in the specifications. Any such work or materials
which may be done or furnished by the contractor without such written order first being obtained
shall be at its own risk, cost and expense.
23.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the improvements to be constructed, installed and
furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that the Developer submit to
the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work
done and materials and supplies furnished for the performance of this Agreement, the Developer
agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by
the City in an amount equal to 150% of the total cost of said Improvements estimated by the
Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall
remain in effect for a period of one year following the completion of the required improvements.
The deposit or letter of credit may be reduced in amount at the discretion of the City upon
approval by the City of the partially completed Improvements, but in no event shall the deposit or
letter of credit be reduced to an amount less than 125% of the cost of the remaining
Improvements. At such time as the Improvements have been approved by the City, such deposit
or letter of credit may be replaced by a two year warranty bond.
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24.) Warrantv of Improvements - The Developer shall provide the City with a two
year warranty bond for the public improvements as part of the request for final acceptance
request. The date appearing on said bond which commences the two year warranty period shall
be obtained from the City Engineer prior to the Developer obtaining such bond.
25.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work
of its subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00.
The City shall be named as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2 above, the
Developer shall file with the City a certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the workers' compensation laws of the
State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's
contractors and subcontractors, thereby satisfying the requirements of this section.
26.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy
("Policy") which has been incorporated into the City Code. In addition to the Policy, the
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Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by
Westwood Professional Services, Inc., dated 10 August 1999 ("Plan").
The Developer agrees that the tree preservation measures provided for in the Policy and in the
Plan are the responsibility of the Developer, and that the Developer shall also be responsible for
any acts of its subcontractors or agents which are in violation of either the Policy or the Plan.
27.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property, said laws existing during the period of construction, and shall secure all permits that
may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin
County Transportation Department, and the Metropolitan Waste Control Commission before
commencing development of the plat.
28.) Sewer Charges - The Developer shall pay $1000 per unit for local sanitary sewer
access charges (LSSAC) pursuant to Shorewood City Code. As an elderly housing project, the
Developer shall receive credit for 40 sewer units. The Developer shall pay LSSAC for 22 units
($22,000) prior to release of the final plat.
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29.) Park Fund Payment - The Developer shall pay $1500 per unit to the Park Fund
pursuant to Shorewood City Code. As an elderly housing project, the Developer shall receive
credit for 40 units. The Developer shall pay $33,000 to the Park Fund prior to release of the final
plat.
30.) Municipal Water Charges - The Developer shall pay $20,000 per each four-unit
building and $15,000 for the two-unit building for municipal water charges for a total of
$315,000, pursuant to Shorewood City Code. At its option the Developer may pay all water
charges prior to release of the final plat. As an alternative the Developer may pay $10,000 per
each four-unit building and $7500 for the two-unit building prior to release of the final plat and
pay the remaining water charges as connection fees at the time building permits are applied for.
31.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all
notices, certificates and communications to each of them shall be addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 5533 I
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With a Copy to:
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY & LINDGREN,'
Ltd.
1500 Norwest Financial Center
7900 Xerxes A venue South
Minneapolis, Minnesota 55431
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To the Developer:
Bill Gleason
Sylvia Development, LP
8525 Edinbrook Crossing
Brooklyn Park, MN 55443
32.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City demonstrating that Developer is the fee owner or has a legal
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, except for the normal
process of marketing lots, prior to the completion of the project and the fulfillment of the
requirements of this Agreement, Developer shall forthwith notify the City of such change in
ownership. Developer further agrees that all drainage, utility and trail easements provided to
City shall be free and clear of all liens and encumbrances.
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33.) Indemnification - The Developer shall hold the City harmless from and
indemnify the City against any and all liability, damage, loss, and expenses, including but not
limited to reasonable attorneys' fees, arising from or out of the Developer's performance and
observance of any obligations, agreements, or covenants under this Agreement. It is further
understood and agreed that the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the Developer. the
Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or
corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of
any kind or character arising out of or by reason of the execution of this Agreement or the
performance and completion of the work and Improvements hereunder.
34.) Declaration of Covenants. Conditions and Restrictions - Developer has provided
a copy of the Declaration of Covenants, Conditions and Restrictions of Shorewood Ponds, which
Declaration shall include the City as a signatory thereto, for review and approval by the City prior
to recording.
The Developer agrees to incorporate the following provisions in the Declaration:
(01) Private Road. It is understood that the private street within the plat shall be
maintained by the Developer or his successors in interest, including the appropriate
homeowner's association and will not be accepted or maintained by the City until such
time as it is made to conform to the standards which exist for public streets at the time of
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request for acceptance.
(02) Elderly Housin!?:. Occupancy of dwelling units is limited to no more than two
(2) adults, sixty-two (62) years of age or older, except that the age limitation need not
apply to one adult, live-in, care-provider serving the needs of the primary occupant(s). If
such care-provider resides on the premises for more than thirty (30) days, notice must be
given to the Shorewood Zoning Administrator.
(03) The Developer or homeowner's association shall annually file with the City
Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of
such building or buildings, listing the number of tenants or occupants by age, by unit.
35.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof, the
City may cause any of the Improvements described in paragraph 2 above to be
constructed and installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and administrative expense
incurred by the City to be recovered as a special assessment under Minnesota Statutes
Chapter 429, in which case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real property within the
Subject Property for any amount so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the conditions
creating the emergency.
(02) Performance Guarantv. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for: ,
(a) The cost of completing the construction of the improvements described
in paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
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(03) Additional Remedies. Notwithstanding any other remedy available to the City
under this Agreement, the City may elect to proceed under this paragraph to remedy a
violation of Developer's obligations under paragraph 26 hereof.
(a) Upon discovery of an apparent violation of the Plan or Policy, the City will
notify the Developer in writing of the violation. The notice will contain a
description of the circumstances constituting the violation, the provision of
the Policy or Plan which is apparently violated, the steps which must be
taken to correct the violation and the date by which the compliance must
occur.
(b) If compliance has not occurred within such time, or if the violation, by
virtue of its repeated nature, seriousness or other factors are such that a
penalty may be appropriate, the matter will be scheduled for a hearing by
the City Council at a meeting not sooner than ten (10) days following the
date on which written notice is mailed to the Developer.
(c) Following the hearing, the Council shall render its decision in writing. If
the Council determines that the Plan or Policy has been violated, (whether
or not the violation has been corrected) it may take some or all of the
following actions:
(i) impose a monetary penalty of not more than $1000 for each violation.
(ii) order that the Developer stop work on all construction for which
building permits have been issued; and withhold the issuance of additional
building permits until it has received assurances satisfactory to the City
that no future violations of the Plan or Policy are likely to occur.
(iii) take any other actions or enforce any other remedies available to it
under this Agreement, the Policy or the City Code.
(04) Legal Proceedings. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this Agreement, or to
prevent use or occupancy of the proposed dwellings.
36.) Headings - Headings at the beginning of paragraphs hereof are for convenience
of reference, shall not be considered a part of the text of this Agreement, and shall not influence
its construction.
37.) Severabilitv - In the event any provisions of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, and the remaining provisions shall
not in any way be affected or impaired thereby.
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38.) Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
39.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
40.) Successors and Assi!:!,"ns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER:
CITY:
By:
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STATE OF MlNNESOTA
ss.
COUNTY OF HENNEPIN
On thistMiLday of IJ. j~ -4 1999, before me, a Notary Public within and for said
County, personally appeared Woody Love and James C. Hurm to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
free ac~:.:;1jJ.z.~a..~~.
I THERESA L. NAAB I
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. - .
.
The foregoing instrument was acknowled d before me this day of
, 1999, by , President of Sylvia Development,
LP, a Minnesota limited partnership, pursua to the provisions of Minnesota Statutes Chapter
5l5B, known as the Minnesota Common terest Ownership Act, for the purpose of creating
Common Interest Community Number 33, Shorewood Ponds, a planned community.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department
APPROVED AS TO FORM AND CONTENT BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
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Notary Public
Notary Public
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EXECUTION PAGE TO BE ATTACHED TO AND A PART OF THE CITY OF
SHOREWOOD PLANNED UNIT DEVELOPMENT AGREEMENT FOR SHOREWOOD
PONDS P.U.D., BETWEEN THE CITY OF SHOREWOOD AND SYLVIA DEVELOPMENT
LP, A LIMITED PARTNERSHIP, DATED EFFECTIVE OCTOBER~, 1999, AND
CONSISTING OF -'L- PAGES, EXCLUSIVE OF EXECUTION PAGES.
DEVELOPER:
SYLVIA DEVELOPMENT LP, a Minnesota limited
partnership
By:
SYLVIA DEVELOPMENT, INC., a
Minnesota corporation, its General Partner
AA~JM- ~
Robert W. Schmidt
Its President
By:
ST ATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ~ 1ti day of rYQ~ ,
1999, by Robert W. Schmidt, the President of Sylvia Development, Inc., a Minnesota corporation,
the general partner of Sylvia Development LP, a Minnesota limited partnership, on behalf of said
limited partnership.
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JANET L BURKE I
;\IOTARY PUBLIC-MINNESOTA
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Not y Public
. Parcell
The west 10 rods of the easterly 20 rods of loe 98, Auditor's Subdivision Number One Hundred
Thirty-Three (133), Hennepin Couney, Minnesoea.
The Easterly 10 rods, front and rear, of Lot 98, Auditor's Subdivision Number One Hundred
Thirty-Three (133), Hennepin Couney. Minnesota,
Lot 23, Meeker's Outlots of Excelsior,
Parcel :2
That Parcel of land located in Hennepin Couney, Minnesota, described as follows:
Lot 74, Auditor's Subdivision No. 133, according to the plat thereof on record at the
office of the Register of Titles, Hennepin Couney, Minnesoea.
Containing 136,343 square feet more or less.
..
Parcel 3
.
Part of the Southeast quarter of the Southeast quarter of Section 32, Township 117, Range 23 in
Hennepin Couney Minnesota.
.
Exhibit A
Legal Description
.
"
CITY OF SHOREWOOD
RESOLUTION NO. 99- OOS
A RESOLUTION APPROVING THE CONCEPT PLAN
FOR SHOREWOOD SENIOR HOUSING
(EA GLE CREST NO RTHWEST, INC)
PLANNED UNIT DEVELOPMENT
WHEREAS, Eagle Crest Northwest, Inc. (the "ApplicantI') has an interest in real
property located in the Ciey of Shorewood, County of Hennepin, legally described in Exhibit
A, attached hereto and made a part hereof; and
'WHEREAS, the Applicant has applied (0 the City for approval of a Concept Plan,
attached hereto as Exhibit B, for the construction of a residential planned unit development
known as Shore wood Senior Housing containing 62 dwelling units on approximately 19
acres of land; and
'WHEREAS, the project is proposed as senior housing, pursuant to the
requirements of 1201.03 Subd. 20 of the City Code; and
WHEREAS, the Applicane's request has been considered by the City Planner, and
"YHEREAS, Applicane brought a lawsuit against the City seeking approval of an
. 80 unit senior housing development; and
"VHEREAS, resolution of the lawsuit is possible by allowance of the senior housing
Concept Plan attached hereto as Exhibit B.
NO\V, THEREFORE, BE IT RESOLVED by the City Council of the Cicy of
Shorewood as follows:
.
Fli'fDINGS OF FACT
1. The Property is located in the northwest quadrant of the ineersection of Eureka
Road and State Highway 7.
2. The property consists of three parcels containing a total land area of
approximately 19.08 acres, of which 2.77 acres exists as City-designated wetland.
3. The net area of the property, after subtracting City-designated wetland and
public street right-of-way, is 14.86 acres, of which 4.79 acres is located in the R-
IA, Single Family Residential District, and 10.07 acres is located in the R-IC,
Single-Family Residential District.
4. Land use and zoning surrounding the property is as follows:
West:
North:
East:
Freeman Park ball fields; zoned R-IC
Freeman Park wetland; zoned R -1 C
Eureka Road, then vacant and one single-family dwelling; zoned
R-IA
State Highway 7, then Chanhassen; zoned residential
South:
Exhibit n
Shorcwood Res. No. 99-008 -
Resolution No. 99- OOS
. Page 2 of4
.
11.
12.
13.
14.
5.
The Applicant proposes ro construct 62 dweIling units as shown on Exhibit B, the
occupancy of which will be limited to persons 62 years of age and older.
6.
The proposed dwelling units will each have two bedrooms and a two-car garage.
i.
The Shorewood Zoning Code, by conditional use pennit. allows elderly housing
to have as many as four units per 40,000 square feet of land area in the R-IA
district and up to eight units per 40,000 square feet in the R-I C district.
8.
Based upon the not area and zoning of the subject property, the Zoning Code
would allow as many as 108.58 units of elderly housing.
9.
Eureka Road, a designated collector street abutting the east side of the property, is
substandard in tenns of right-of-way width. The Applicant proposes to dedicate an
additional 13.5 feet of r.o.W. for Eureka Road.
10.
Required building setbacks at the p~riphery of the property are as follows:
From State Highway 7: 50 feet for the R-l A portion of the site, 40
feet for the R-l C portion
From the west property line: 40 feet
From Eureka Road: 50 feet
From the Cicy-designated wetland: 50 feet
The Applicant proposes to develop the property over two construction seasons.
The Shorewood Zoning Code limits elderly housing units in single-family
zoning districts to one and one half Stones. The Applicant proposes single-story
structures.
The Shore wood Zoning Code requires at least two parking spaces per
dwelling, of which one must be an enclosed garage. The Applicant proposes
two garage spaces for each dwelling unit, plus additional parking in from of
each garage.
City sewer is available to the property from Eureka Road. Cicy water is
available to the property from Freeman Park. Although preliminary tests indicate
that fire flow may not be adequate to serve the project, the Fire Marshal has
stated that sprinkling the residential units may be acceptable.
CONCLUSIONS
A. The Applicant's request for approval of a Concept Plan for the Shorewood Senior
Housing P .V.D. is subject to the conditions of approval as set forth below:
1 .
.
Provide a plan for parking on the public street and the internal roadway
system.
.
.
.
"
Resolution No. 99- 008
Page 3 of 4
2. Provide additional r.o.w. for Eureka Road between the new road and
Highway 7.
3. Coordinate upgrade of Eureka Road with NtNDOT improvements.
4. Incorporate pedestrian facilities into plans and tie into Freeman Park trail system.
5. Park Commission should comment on trail recommendarion in #4. Above.
6. A void wetland buffer where feasible, enhance protection measures where
encroachment is necessary.
7. Draft protective covenants (with City as signatory) providing for occupancy
requirements consistent with the approval herein and for the future maintenance
of private roadway system and any other common areas.
8. Require significant (size and quantity) landscaping to provide buffers along park
boundary, Highway 7 and Eureka' Road. Design should include evergreen
trees and shrubs for year-round effectiveness.
9.
Tree preservation plan should identify existing site vegetation. Plans may need
to be modified to preserve significant trees on south side of wetland.
10.
Plans for the project shall comply with the drainage requirements of the
Minnehaha Creek Watershed District with respect to quantity and quality of
srormwater runoff. The amount of onsite ponding shall be sufficient to handle
the amount of impervious surface proposed for the property.
11. Tne development of the property will comply with the requirements of
Shorewood's Tree Preservation and Reforestation Policy.
12. The development of the property shall comply with the requirements of
Shorewood's Wetland Code.
13. Development Stage plans shaU address fire flow adequacy. If necessary, City
agrees the structures shall be constructed with an internal sprinkler system.
14. It is understood that the Applicant does not intend to provide services which are
exclusive to the elderly and that occupancy of the dwelling units will be limited to
persons 62 years of age and older, pursuant to City, State and Federal
requirements.
IS. Within the Development Stage plan review the City shall explore ways to
mitigate any impact of traffic associated with the project on the surrounding
neighborhoods, however, overall traffic impact from the development shall not
be a basis for denial at development stage.
.'
Resolution No. 99- 008
. Page 4 of4
.
.
16. The Applicant's Development Stage plans should include a pedestrian trail system
along the west side of Eureka Road and along the south side of the
wetland area, tying into the Freeman Park trail system.
17. Development Stage plans shaH include a landscaping plan to provide buffering.
B. City Council approval of the Concept Plan is subject to all applicable standards,
regulations, and requirements of the Shorewood City Code, including, but not limited
to the following:
1. Section 1201.04, Subd. 1, regarding the procedures for review and approval of
conditional use permits;
2, Section 1201.06, Subd. 3, regarding special procedures for the establishment of a
P.U.D. by conditional use permit;
.
3. Section 1201.03, Subd. 20, regarding,the special requirements for elderly housing
projects;
4. Section 1201.25, Subd. 6(b)(I), regarding the purpose of concept plan approval.
c.
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, 5(c) and (d). Density is approved for up to 62 units, subject to reduction if
that is necessary to comply with wetland or other regulations.
The application of Eagle Crest Northwest, Inc. for approval of the Concept Plan for the
Shorewood Senior Housing P.U.D. as set forth above is hereby approved.
ADO PTED by the City Council of the City 1 s77~ 8th day of February.
1999. ~~
ATTEST: \VOODY LOVE, MAYOR
I
~'\i..~ t .jJtI/VVl1
JAlYfES C. HURl\II, CITY ADMI1'ilSTRATOR
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Exhibit C
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Shorewood Ponds
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