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99-008 . CITY OF SHOREWOOD RESOLUTION NO. 99- 008 A RESOLUTION APPROVING THE CONCEPT PLAN FOR SHOREWOOD SENIOR HOUSING (EAGLE CREST NORTHWEST, INC.) PLANNED UNIT DEVELOPMENT WHEREAS, Eagle Crest Northwest, Inc. (the "Applicant") has an interest in real property located in the City of Shore wood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan, attached hereto as Exhibit B, for the construction of a residential planned unit development known as Shorewood 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 Applicant's request has been considered by the City Planner, and WHEREAS, Applicant brought a lawsuit against the City seeking approval of an 80 unit senior housing development; and WHEREAS, resolution of the lawsuit is possible by allowance of the senior housing Concept Plan attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Property is located in the northwest quadrant of the intersection 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-IC Eureka Road, then vacant and one single-family dwelling; zoned R-IA State Highway 7, then Chanhassen; zoned residential South: . . . Resolution No. 99- 008 Page 2 of 4 14. 5. The Applicant proposes to construct 62 dwelling units as shown on Exhibit B, the occupancy of which will be limited to persons 62 years of age and older. The proposed dwelling units will each have two bedrooms and a two-car garage. The Shorewood Zoning Code, by conditional use permit, 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-IC district. 6. 7. 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 terms 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 periphery of the property are as follows: From State Highway 7: 50 feet for the R -1 A portion of the site, 40 feet for the R-IC portion From the west property line: 40 feet From Eureka Road: 50 feet From the City-designated wetland: 50 feet 11. The Applicant proposes to develop the property over two construction seasons. 12. The Shorewood Zoning Code limits elderly housing units in single-family zoning districts to one and one half stories. The Applicant proposes single-story structures. 13. The Shorewood 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 front of each garage. City sewer is available to the property from Eureka Road. City 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.D.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 MNDOT improvements. 4. Incorporate pedestrian facilities into plans and tie into Freeman Park trail system. 5. Park Commission should comment on trail recommendation 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 stormwater runoff. The amount of onsite ponding shall be sufficient to handle the amount of impervious surface proposed for the property. 11. The 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 shall 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. 15. 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 of 4 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 shall 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.D.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)(1), 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.D.D. as set forth above is hereby approved. 1999. ADOPTED by the City Council of the City WOODY LOVE, MAYOR JA I , . . . . EXHIBIT A Parcell The west 10 rods of the easterly 20 rods of lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota. The Easterly 10 rods, front and rear, of Lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, Lot 23, Meeker's Outlots of Excelsior, Parcel 2 That Parcel of land located in Hennepin County, 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 County, Minnesota. 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 County Minnesota.