96-095
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CITY OF SHOREWOOD
RESOLUTION NO. 96-95
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE
PLANS FOR WATTEN PONDS P.U.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.D.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 often (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
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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-1A, 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.
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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.
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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.
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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 feet*
40 feet
10 feet
35 feet*
35/15 feet**
* For purposes ofthis 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 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.
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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.
b.
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c.
d.
e.
f.
12.
the lots.
No detached accessory structures or tennis courts shall be allowed on any of
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;
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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.
ATTEST:
1<~,~L"~l.~..I'~c2(it,,-_,
Robert B. Bean, Mayor
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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 orless, 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."
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Exhibit A