96-110
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-110
A RESOLUTION APPROVING THE FINAL PLAT OF
W A TTEN PONDS
WHEREAS, the final plat of Watten Ponds 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 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1 . That the plat of Watten Ponds is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement for Watten Ponds Planned Unit Development, attached
hereto and made a part hereof.
3 . That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That the final plat, together with this resolution and the Development Agreement
attached thereto, shall be 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 Administrator/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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 4th day
of December, 1996.
2~~~~_
Robert B. Bean, Mayor
ATTEST:
')
,Jr\,~I,\t.l t/t'UIt~vP\
James C. H~ City Administrator
I
.
.
.
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
W ATTEN PONDS
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this 16th day of December, 1996, by and between the CITY
OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and
DAHLSTROM ABINGDON, LLP, a Minnesota Limited Partnership, hereinafter referred to as the
"Developer" .
WHEREAS, the Developer has an 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, Developer proposes to develop the Subject Property by means of a Planned
Unit Development ("P.U.D.") consisting of 10 single-family residential lots and 4 outlots; and
WHEREAS, the Developer has made application for rezoning to a Planned Unit
Development (P.U.D.) District with the Zoning Administrator and submitted a Concept Plan and
Development Stage Plan for the property, which matters were considered by the City Planning
Commission at a public hearing held on 17 September 1996, and at a second public hearing held
by the City Council on 14 October 1996; and
WHEREAS upon recommendation of the City Planning Commission, the City Council did
consider and grant Concept Plan and Development Stage Plan approval as set forth in Resolution
No. 96-95; and
WHEREAS, the Developer has filed with the City the Final Plat for "Watten Ponds", a
copy of which plat is attached hereto and made a part hereof as Exhibit B; and
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. 96-95, incorporated herein
as Exhibit C-1 through C-5. In addition, development of the P.U.D. is subject to the requirements
of the R-1A, Single-Family Residential zoning district, except a modified herein.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
(e ) Wetland buffer/Setback:
30 feet
40 feet
10 feet
35 feet*
35/15 feet
* For purposes of this P.U.D. the front of Lot 1, Block 1 shall be the southerly lot
line abutting the new street
**The wetland buffer for Lots 4-7, Block 3 shall be 40 feet
(02) Maximum building height, as defined by Shorewood Zoning Code, shall be two
and one-half stories or 35 feet, whichever is less.
1
.
(03) Use of Outlots within the plat: Outlots A,B,C,and D shall be deeded to the City for
drainage and wetland conservation purposes.
(04) 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 fences shall be allowed within the wetland setback area.
(05) Resubdivision of Lot 7, Block 3. The Developer shall record a deed restriction
against Lot 7, Block 3 stating that it will not be resubdivided in the future.
(06) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site. Each building site must have an
individual grading plan separately approved by the City Engineer prior to a building permit
being issued.
(07) The Developer shall include a provision within the protective covenants for the plat
which prohibits the use of any fertilizer within the wetland buffer areas, and which limits
the use of fertilizers within the remainder of the plat to non-phosphorous types of
fertilizers.
(08) Accessory structures, including attached garages, shall not exceed 1200 square feet.
Additional accessory space may be allowed, up to a total of 2000 square feet, by
conditional use permit, pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood City
Code, as may be amended.
(09) The maximum first floor area, excluding any walkout basement, and exclusive of
garages shall not exceed 3500 square feet of area.
2.) Improvements Installed by 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:
.
(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
2
.
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Watermains and service connections;
(07) Street name signs and traffic control signs;
(08) Required landscaping and reforestation;
consistent with the plans and specifications prepared by McCombs Frank Roos Associates, Inc.,
dated 7 November 1996, and received and approved by the City Engineer.
It is understood that the above improvements do not include any of the "Public Improvements" to
be constructed by the City in extending City water to the property. It is further 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.
It is understood that the improvements installed by the Developer do not include street lighting.
Plans for street lighting shall require separate review and approval by the City Council prior to
installation.
.
3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has
filed with the City Clerk the final plat titled Watten Ponds for the development of the Subject
Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said [mal plat, together
with the grading, drainage, and utility plans, referenced in paragraph 2 above 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 paragraph 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 [mal 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 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 shall be
performed to be completed by 1 October 1997, except for the final wear course of the street, which
3
.
.
.
shall be completed by 15 June 1998. Upon receipt of written notice from the Developer of the
existence of causes over which the Developer has no control, which will delay the completion of
the work, the City, at its discretion, may extend the dates specified for completion.
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 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 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 pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described 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.) 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 adjacent to, the plat free of all dirt and debris resulting
from construction therein by the Developer, its agents or assignees.
Prior to issuance of building permits within the plat the City shall require escrow deposits of $500
for each lot to ensure that erosion control barriers, construction limits and tree preservation
measures are continually maintained. If builders fail to maintain said barriers, limits or tree
preservation measures the City may cause its agents to enter the Property and perform such
maintenance. Said escrows shall be used to reimburse the City for any expense incurred in
maintaining such barriers, limits and measures.
It is understood that the Developer shall sod only those areas disturbed by site grading which is
necessary for the construction of the improvements, private utilities and homes within the
development, observing a 15-foot work zone around the homes.
13.) 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, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
4
.
.
.
15.) Occupancy Permits- The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the City Engineer except for
the final lift of bituminous for the street.
16.) 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.
17.) Conveyance of Improvements - Upon completion of the installation by Developer
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey said improvements to the City free of all liens and encumbrances and with
warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall become the property of the City without further notice
or action on the part of either party hereto, other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a
VHS videotape thereof.
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.) 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 28 below.
21.) 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.
22.) 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
5
.
may be reduced in amount at the discretion of the City upon approval by the City Engineer 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 maintenance bond.
23.) 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
their 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.
.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and
shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, and Metropolitan Council Environmental Services before
commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $9000 ($1000 for each
lot) as local sanitary sewer access charges. Credit has been given for Lot 2, Block 3 with the
existing house on it.
26.) Municipal Water Charges - Developer agrees that a special assessment will be levied
against all lots in the amount of five thousand dollars ($5000) per lot for City water. Developer
further agrees to pay trunk charges in the amount of five thousand dollars ($5000) per lot to be
levied against all lots, except Lot 2, Block 3. Developer has requested, and the City agrees, that
these charges and the special assessments will be paid as an assessment against each lot and will be
paid over a period of not to exceed fifteen (15) years at an interest rate not to exceed seven percent
(7%).
27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City,
make a cash payment to the City in the sum of $9000 (9 x $1000) for the Park Fund. Credit has
been allowed for Lot 2, Block 3.
28.) 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 55331
.
6
.
.
.
With a Copy to:
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY &
LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
Anthony Eiden
Dahlstrom Abingdon, LLP
4100 Berkshire Lane
Plymouth, MN 55446
To the Developer:
29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment
addressed to the City guaranteeing 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 dedicated streets and utility easements provided to City shall be free and clear of all liens
and encumbrances.
30.) 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.
31.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include
the City as a signatory thereto, for review and approval by the City prior to recording.
32.) 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
7
.
.
.
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 Guaranty. 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.
(03) 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.
33.) 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.
34.) Severability - 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.
35.) Execution of Counter:parts - 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.
36.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
37.) Successors and Assigns - 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.
8
.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the day and year first above written.
By:
CITY OF SHOREWOOD
By:
L-~ ,.~ " . ~ ,.~,
C' ..; ,. ,,' - "~I .
, ~.;.>t\-'_A~1 '. ..1 c, LLX,L,,_)
Its: Mayor
.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this / f.p day of 't € 0J.... VY\..-b-VV' , 1996, before me, a Notary Public within and
for said County, personally appeared Robert B. Bean 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 act and
deed of s . d co oration.
I
A~T:
L \ .~ 1b
.-j:>(J.-M\)A C clyl;Y\
City Ailministrator/Clerk
U
.
THERESA L HAAB I
NOTARY PUBlIC.MINNESOTA
My Commlulon Explrea Jail. 31._
.
~-CL~,Ja~
Notary Public
.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this /~fk-day of
personally appeared
executed the foregoing instrument
dee
.'.;-;';;'~;':~;;'" LINDA l. DINEEN
[~!.~ NOTARY PUBLIC.. MINNESOTA
....~~)! My Comm. Expires Jan. 31.2000
~~~
PublIc
TillS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
.
EDITED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
9
.
.
Legal Description:
"That part of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka, lying north
of the South 360.57 feet thereof, as measured along the east and west line thereof, and
lying south of a line described as follows: beginning at a point on the east line of Block
4, a distance of 458.57 feet north from the Southeast corner of said Block 4, thence
west 220 feet parallel with the south line of Block 4; thence southwesterly to a point on
the west line of Block 4, a distance of 376 feet north from the southwest corner thereof,
and there terminating.
ALSO
The North 105.00 feet of the South 360.57 feet of Block 4, Mann's Addition to Birch
Bluff, Lake Minnetonka, as measured along the east and west lines thereof, Hennepin
County, Minnesota.
ALSO
The South 255.57 feet of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka,
as measured along the east and west lines thereof, Hennepin County, Minnesota.
ALSO
The Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 32,
Township 117, Range 23, containing in all 10 acres of land more or less, according to
the U.S. Government Survey thereof, according to the plat thereof, on file and of
record in the office of the Register of Deeds in and for said County of Hennepin."
.
Exhibit A
.
g
w
Cl
Q
""
W
00
~
Z
o
~
.
z
~
E-t
~
~
.
1
" I
I
,., I'
"'l
i..
I ~~
I ~I
'sii'
~:": ::. ~:: ::.
:}:~'.;>'~~:;:W
---,.",
, :~' I
... ::: I
...
.' I,:: i
,.. :;', I
::: I:~ i << I
I i
I
I
I
:::1
:"1
.'1 ~.
''', ~~
I;"
I~
I..:
~~I
! <<
-, ~8ZJ.~
I,!...
... 1 .~~
... as.
> I ;i~
;~
'. I [
I I
~
t
L
I,
1
Q
Z , .~
~ Q ~
~ ~ " ..
z z :. i
0 j ;: .
<l. ..
< .
" i "
z "
~ .
..
-
:'.:', :: ::
;:N\i-1
GGG:-';'..:,;:"1"1\tA
i~_'''I~
-_'JI)l.l}tf'.""'1J
. .u.'KIJ......
.S'LSi9
...........
1\-
U--;dWtJi:k.iiii___~
<(
1
I- -
o i
;:::!
::;)
o
"
s
. I
i
"l
il
il
:1
I
;!i
g-d
;e ;I!
"Hi
~
Ld
of
~I
"
\1,
-
-- '..:
.,,,~
- .......;.--
--~
I
.--l- -
, ~-
'---
----:-
~ .~--
- :.--
-- '.~ --
~ -
i
l!s
i
I
:J
::.L
aI\
s.t. ,',
'fl" h'
..i ,',
;~ :;,;
;1I~
I-
9 !
I- ..
::;) .
o \,
......> =!
, ~
,
I
I.
I~ l'
..
1 -
1!!
I ... \
'. 0
~ g /\
~\ ~/ \
'i \
~'--l,
",:
.,;
...
I-
..
~ >
'"
..
~ :
I :
e: :
'"
~L
~
M.,,8i1:.L".6SS
.",'
.., ~~~
,.'
".
,'.
n.
... ... ...
,..
'. ,.. "
..' ..~
II
l '-r i ~,
~ 3 ! 'C
i 2i _ ,,; ct
i I . ~ ~ .
, ~ i~i!
; ~!; ~
~ i!; 5 ~
'!il iP;
i : ~ I ~
a ~ ~ ~ i
i ; E i ~
i ~L. i E ~ ;
I; .~.s
I
;,
Exhibit B
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-95
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE
PLANS FOR WATTEN PONDS P.D.D.
WHEREAS, Dahlstrom Abingdon LLP (Applicant) has an interest in real property located
in the City of Shorewood, 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 rezoning of the
property from R-1A, Single-Family Residential to R-1C, Single-Family Residential, and a
conditional use permit for his Concept Stage Plans for the construction of a residential planned unit
development Known as Watten Ponds P.U.D., containing twelve (12) single-family lots on
approximately 14.7 acres of land; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
27 February 1996 and 2 March 1996; and
.
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in memoranda to the Planning Commission, dated 1 March
1996; and
WHEREAS, the Planning Commission conducted a public hearing on the request on
4 March 1996, after which it recommended to the City Council that the request be denied; and
WHEREAS, in his letter, dated 22 May 1996, the Applicant requested that the City
Council not take action on his request and that a revised application be referred back to the
Planning Commission; and
WHEREAS, the Applicant applied for a rezoning of the property from R-1A, Single-
Family Residential to P.U.D., Planned Unit Development District. and requested approval of
Concept and Development Stage Plans for the construction of ten (10) single-family residential
lots; and
WHEREAS, the Applicant's revised plans were reviewed by the City Planner and his
recommendations were duly set forth in a memorandum to the' Planning Commission, dated
21 June 1996; and
WHEREAS, the Applicant's revised plans were reviewed by the City Engineer and his
recommendations were duly set forth in a memorandum to the Planning Commission, dated
30 August 1996; and
WHEREAS, after taking additional public testimony,the Planning Commission, at its
regular meeting of 17 September 1996 recommended approval of Concept and Development Stage
Plans for the Watten Ponds P.U.D., subject to conditions; and
.
Exhibit C-l
.
WHEREAS, the Applicant's revised plans were considered by the City Council at a
public hearing at their regular meeting of 14 October 1996, at which time the City Planner's
memorandum, the City Engineer's memorandum, and the minutes of the Planning Commission
were reviewed, and comments were heard by the City Council from the Applicant, the staff and
members of the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
.
1. That the existing zoning of the property is R-IA, Single-Family Residential and that
the northerly portion of the property is also subject to the requirements of the S, Shoreland
( overlay) District.
2. That the total area of the property is approximately 14.7 acres, consisting of three
parcels, two of which are occupied by existing single-family dwellings, and of which
approximately 4.9 acres are City-designated wetlands.
3 . That the Applicant proposes to remove the existing dwelling on the northerly parcel,
and subdivide the entire property into 10 single-family lots, one of which will have the remaining
existing dwelling on it.
4. That the lots range in size from 20,277 to 144,416 square feet in area and average
36,330 square feet in area.
5. That the proposed net density of 1.05 units per 40,000 square feet is consistent
with the Shorewood Comprehensive Plan which recommends a density of one to two units per
40,000 square feet for the property.
6. That a wetland delineation report was prepared by the Applicant's engineers, which
identified additional wetlands on the property which are protected by the Wetland Conservation Act
(WCA).
7. That the Applicant has designated all wetland areas on the property as outlots to be
dedicated to the City of Shorewood.
8 . That the Applicant proposes to construct a retention pond in the northwest comer of
the property, which pond will be constructed to National Urban Runoff Program (NURP)
standards.
9. That the Minnehaha Creek Watershed District (MCWD) has approved the
Applicant's Permit Application No. 96-158, dated 19 September 1996, subject to conditions.
10. That the property is significantly wooded and is characterized by steep topography
in the southwest portion of the property.
11. That the Applicant has submitted a detailed tree inventory of the property, consistent
with Shorewood's Tree Preservation and Reforestation Policy.
12. That the revised plans for the property propose to protect a row of large evergreen
trees on the south side of the proposed road and a stand of large maple trees in the northeast comer
of the site.
.
2
Exhibit C- 2
.
.
.
CONCLUSIONS
A. That the density of the proposed plan is within the guidelines of the Shorewood
Comprehensive Plan and Zoning Code.
B. That the Applicant's request for Concept and Development Stage P.U.D. approval
for 10 single-family residential lots (including one of the existing homes) is hereby approved,
subject to the following conditions and restrictions:
1. Deed restrictions shall be recorded against Lot 7, Block 2 stating that it will
not be further divided.
2 . The Applicant shall dedicate a conservation easement over the steep slopes
on the west side of Lot 7, Block 2.
3. A minimum 35-foot natural buffer will be maintained adjoining all City-
designated and Wetland Conservation Act wetlands. The natural buffer for Lots 4-7, Block
2 shall be 40 feet.
4. A 15-foot structure setback shall be maintained from the buffer areas
referenced in 3. above.
5. The Applicant shall dedicate wetland conservation easements over the City-
designated and Wetland Conservation Act wetlands and the buffer area required in 3.
above.
6. Upon completion of final grading,. the Applicant shall cause his surveyor to
place survey monuments locating the wetland buffer area of each lot
7. The Applicant shall record deed restrictions against all lots abutting wetlands
restricting fencing, mowing, yard waste disposal and fertilizer application within wetland
buffer areas.
8. Required minimum setbacks within the P. U.D. shall be as follows:
Front:
Rear:
Side:
Side Abutting Street
Wetland Buffer/Setback:
30 feec*
40 feet
10 feet
35 feet*
35/15 feet**
* For purposes of this P.D.D. the front of Lot 1, Block 1 shall be the
southerly lot line abutting the new street
** The wetland buffer for Lots 4-7, Block 2 shall be 40 feet.
9 . Prior to any site grading commencing on the property the Applicant must
erect construction and tree preservation barriers adjacent to the most sensitive areas of the
property .
10. Individual lots shall be custom graded observing the following measures for
each homesite:
a.
Submit a tree preservation and reforestation plan with each lot. Initial
staking of the house should include staking of construction barriers.
3
Exhibit C-3
~
b.
.
c.
d.
e.
f.
Tree preservation plans should indicate trees to be saved and where
construction barriers and fencing will be located. The preservation plan
must indicate what type of warning signage will be placed around tree
protection areas.
Building plans shall indicate where utilities will extend into the house.
A working zone not exceeding 15 feet should be shown on all building
plans.
Building plans must indicate where stockpiled materials will be placed.
All building permits shall include a cash escrow to guarantee maintenance of
construction fencing and erosion control barriers. The escrows will be used
by the City to maintain the barriers if the builders fail to do so.
11. The Applicant must submit a landscape and reforestation plan as part of his
final plan submission. Provisions shall be made in the final plans to maximize the amount
of natural vegetation on each homesite.
12. No detached accessory structures ortennis courts shall be allowed on any of
the lots.
C. City Council approval of the Concept and Development Stage Plans is
subject to all applicable standards, regulations, and requirements of the Shorewood City
Code, including, but not limited to the following:
1. Section 1201.25 regarding the procedures for review and approval
of Planned Unit Development zoning districts;
2. Section 1201.25 Subd. 6.(b)( 1) regarding the purpose of concept
plan approval.
D. Approval of the Concept and Developments Stage Plans is not intended. nor
does it act to grant approval of a Final Plan which is required pursuant to Section
1201.25 Subd. 6(d).
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of
October, 1996.
.
"
, / ." r .,~ ). ..,
!<.~~ h'.)..UU__
Robert B. Bean, Mayor
ATTEST:
1) . /
! ~4 C 1A~'V1h1
J '.' C. Hurm, City Administrator/Clerk
/ '
, I
V
.
4
Exhibit C-4
t.
.
Legal Description:
"That part of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka, lying north
of the South 360.57 feet thereof, as measured along the east and west line thereof, and
lying south of a line described as follows: beginning at a point on the east line of Block
4, a distance of 458.57 feet north from the Southeast comer of said Block 4, thence
west 220 feet parallel with the south line of Block 4; thence southwesterly to a point on
the west line of Block 4, a distance of 376 feet north from the southwest comer thereof,
and there terminating.
ALSO
The North 105.00 feet of the South 360.57 feet of Block 4, Mann's Addition to Birch
Bluff, Lake Minnetonka, as measured along the east and west lines thereof, Hennepin
County, Minnesota.
ALSO
The South 255.57 feet of Block 4, Mann's Addition to Birch Bluff, Lake Minnetonka,
as measured along the east and west lines thereof, Hennepin County, Minnesota.
ALSO
The Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 32,
Township 117, Range 23, containing in all 10 acres ofland more or less, according to
the U.S. Government Survey thereof, according to the plat thereof, on me and of
record in the office of the Register of Deeds in and for said County of Hennepin."
.
Exhibit A
Exhibit C-5