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95-076 .::.r.~ ~1 . . . CITY OF SHOREWOOD RESOLUTION NO. 95-76 A RESOLUTION APPROVING DEVELOPMENT STAGE PLANS AND A PRELIMINARY PLAT FOR LEDIN/WARTMAN/MINNEWASHTA P.U.D. WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) is the owner of 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 received Concept Plan approval subject to the conditions set forth in Shorewood Resolution No. 95-50, dated 12 June 1995, which resolution is on file at the Shorewood City Hall; and WHEREAS, the Applicant has now applied to the City for approval of Development Stage Plans and a Preliminary Plat for the construction of a residential planned unit development known as the LedinlWartmanlMinnewashta P.D.D., containing thirty-two (32) single-family lots on approximately 75.58 acres of land; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 13 July 1995; and WHEREAS, the I>lanning Commission at its regular meeting of 18 July 1995 recommended approval of Development Stage and a Preliminary Plat Plans for the LedinlWartman/Minnewashta P.D.D., subject to conditions; and WHEREAS, the Park Commission at its regular meeting of 8 August 1995, discussed whether the City should require cash in lieu of land as a park dedication requirement; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 14 August 1995, at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed, and comments were heard by the City Council from the Applicant and City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the existing zoning ofthe property is R-IA, Single-Family Residential. 2. That the total area of the property is approximately 75.58 acres, consisting of three parcels, one of which is occupied by an existing single-family dwelling, and of which approximately 42.6 acres exists as City-designated wetlands. 3. That the Applicant proposes to divide the property into 32 single-family residential lots, including one with an existing home on it, plus one outlot. - 1 - :.l~ J .,. . . . 4. That the proposed net density of the project is 1.1 unit per 40,000 square feet. 5 . That islands of dry ground surrounded by the wetlands, containing approximately 1.6 acres, will be platted as an outlots to be preserved as common open space by owners of lots within the plat. 6. That a strip of dry ground on the north side of Smithtown Road, containing 2.9 acres, may be platted as a separate outlot to be preserved as common open space by the owners of lots within the plat. 7 . That it is understood that the lot with the existing home on it is capable of being replatted as two lots in the future. CONCLUSIONS A. That the density of the proposed P.D.D. is within the guidelines of the Shorewood Comprehensive Plan and Zoning Code. B. That the Applicant's request for Development Stage P.D.D. and Preliminary Plat approval for 32 single-family residential lots (including one existing home) is hereby approved, subject to the following conditions and restrictions: 1. Protective covenants for the P.D.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). 2. Required minimum setbacks within the P.D.D. shall be as follows: Front: Rear: Side: Side Abutting Street: Wetland Buffer/Setback: Enhanced Wetland Buffer/Setback: (Lots 1,2,4,5,6 and 7, Block 1) 35 feet 40 feet 10 feet 35 feet * 35/15 feet 50/15 feet ** * Smithtown Road setback: 50 feet * * City Designated Wetland 3. Natural vegetation shall be maintained in the wetland buffer areas. 4. The Applicant shall dedicate wetland conservation easements over the City designated and Wetland Conservation Act wetlands and the buffer area required in (2.) above. 5 . Dpon completion of final grading, the Applicant shall cause his surveyor to place survey monuments locating the wetland buffer area on each lot. 6. R-IA zoning requirements, except as modified herein, shall be maintained throughout the P.D.D. 7. The P.D.D. shall be connected to the municipal water system and shall be subject to the following water trunk charges and assessments: - 2 - .~ .f- . . . Trunk charges: 31 lots x $5000 = $155,000 Water assessment: 32lots* x $5000 = $160.000 Total $315,000 * The lot with the existing home on it is not subject to trunk charges. 8. Plans for wetland mitigation must be approved by the Minnehaha Creek Watershed District. 9. On-site ponding intended to handle storm water runoff from the project shall be designed to National Urban Runoff Program (NURP) standards, and shall be sized based on detailed runoff calculations to be submitted by the applicant and approved by the City Engineer. 10. If the project is constructed in two phases, watermain construction may necessitate that the entire street right-of-way through the plat be dedicated in the first phase. 11. The applicant shall prepare a tree preservation and replacement plan consistent with the policy currently being drafted by the Shorewood Planning Commission. C. City Council approval of the 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 1201.04.04 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 1201.25 Subd. 6.c.(1) regarding the purpose of Development Stage approval. D. Approval of the Development 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 August, 1995. !<l~~-f5-?:~~1''-- Robert B. Bean, Mayor ATTEST: !1 /, , I ! .d , I l' i J~'\ l ~VINv" J am,es C. Hurm, City Administrator/Clerk ii' i - 3 - ~ ., . Le~al Description: "That part of the Southeast 1/4 of the Northwest 1/4, Section 32, Township 117, Range 23, described beginning at a point on the South line of said Southea<;t 1/4 of the Northwest 1/4313.5 feet East from the Southwest comer of said Southeast 1/4 of the Northwest 1/4; thence East along the South line of said Southeast 1/4 of the Northwest 1/4 165 feet; thence North parallel with the West line of said Southeast 1/4 of the Northwest 1/4330 feet; thence East parallel with the South line of said Southeast 1/4 of the Northwest 1/4 264 feet; thence North parallel with the West line of said Southeast 1/4 of the Northwest 1/4 to the North line of said Southeast 1/4 of the Northwest 1/4; thence along said North line 429 feet more or less to its intersection of a line drawn parallel with the West line of said Southeast 1/4 of the Northwest 1/4 from the point of beginning; thence South along said parallel line to the point of beginning except that part thereof described as the West 115 feet of the South 378.78 feet as measured along the Southerly and Westerly line thereof." P.I.N. 32-117-23-24-0011 . "That part of the Southeast Quarter of the Northwest Quarter (SE 1/4-NW 1/4) Section 32, Township 117, Range 23, described as follows: Commencing at the Southwest comer thereof; thence north along the West line thereof a distance of 200 feet, to the point of beginning of land to be described; thence east and parallel to the south line thereof, a distance of 145 feet; thence south and parallel with the west line thereof, a distance of 200 feet to the South line thereof; thence east along the south line thereof a distance of 20 feet; thence north and parallel with the west line thereof, a distance of 31.29 rods; thence east and parallel with the south line thereof a distance of 9 rods; thence north and parallel with the west line thereof a distance of 48.71 rods to the North line thereof; thence west along said North line a distance of 19 rods to the Northwest comer thereof; thence south along the west line thereof a distance of 1165 feet; more or less, to a point 200 feet north of the Southwest comer thereof, the point of beginning, subject to an easement for driveway purposes over and across the East 20 feet of the West 165 feet of the South 200 feet of said SE 1/4 of NW 1/4, according to the government survey thereof." P.I.N. 32-117-23-24-0002 "Tract A, Registered Land Survey No. 1064." P.I.N. 32-117-23-23-0001 . Exhibit A