95-049
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CITY OF SHOREWOOD
RESOLUTION NO. 95-49
A RESOLUTION APPROVING CONCEPT AND DEVELOPMENT STAGE PLANS
FOR HERITAGE P.U.D.
WHEREAS, Abingdon Development Corporation (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 has applied to the City for approval of a Concept Plan
and Development Stage Plans for the construction of a residential planned unit development
known as Heritage P.U.D., containing twenty-four (24) single-family lots on
approximately 34.9 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
4 April 1995, and in a memorandum to the Mayor and City Council dated 18 May 1995;
and
WHEREAS, the Planning Commission at its regular meeting of 2 May 1995
recommended approval of a Concept Plan and Development Stage Plans for the Heritage
P.U.D., subject to conditions; and
WHEREAS, the Park Commission at its regular meeting of28 June 1994,
recommended that the City 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 22 May 1995, at which time the City Planner's memoranda 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 of the property is R-INS, Single-Family
Residential/Shoreland.
2. That the total area of the property is approximately 34.9 acres, consisting of
five parcels, three of which are occupied by existing single-family dwellings, and of which
approximately 11.35 acres exists as City-designated wetlands.
3. That the Applicant proposes to divide the property into 24 single-family
residential lots, including three with existing homes on them, plus two outlots.
4. That the proposed net density of the project is 1.1 unit per 40,000 square
feet.
5 . That a parcel of land controlled by the Applicant abutting Lake Minnetonka,
which was included in the Applicant's initial request has been removed from the project.
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6. That an island of dry ground surrounded by wetlands, containing
approximately 2.3 acres, will be platted as an outlot to be used as common open space by
owners of lots within the plat.
CONCLUSIONS
A. That the density ofthe proposed P.U.D. is within the guidelines of the
Shorewood Comprehensive Plan and Zoning Code.
B. That the Applicant's request for Concept and Development Stage P.D.D.
approval for 24 single-family residential lots (including three existing homes) is hereby
approved, subject to the following conditions and restrictions:
1 . Deed restrictions shall be recorded against Lot 9, Block 1 and Lot 1,
Block 2 stating that they will not be further divided.
2. The proposed pedestrian access to the commonly owned island shall
be developed with the site improvements and clearly identified as being owned and
maintained by the homeowner's association.
3. 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.).
4. A 35-foot natural buffer will be maintained adjoining all City
designated and Wetland Conservation Act wetlands
5. A 15-foot structure setback shall be maintained from the buffer areas
referenced in (d) above.
6. The Applicant shall dedicate wetland conservation easements over
the City designated and Wetland Conservation Act wetlands and the buffer area
required in (d) above.
7. Upon completion of final grading, the Applicant shall place survey
monuments locating the wetland buffer area on each lot.
8.
P.U.D.
R-IA zoning district setbacks shall be maintained throughout the
9. The Applicant shall submit a revised preliminary plat shifting the
cul-de-sac on the west side of the street so as to accommodate a 50-foot rear yard
setback on Lot 2, Block 2, and showing Lots 10 and 11, Block 2 as a single lot.
10. The P.U.D. shall be connected to the municipal water system and
shall be subject to the assessment and connection policies in effect at the time the
final plan is approved.
11. The Applicant shall submit a tree inventory and reforestation plan as
part of Final Plan fort the P.U.D.
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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 1201.04.04 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.
plan approval.
D. Approval of the Concept and 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).
Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept
Adopted by the City Council of the City of Shorewood this 12th day of June, 1995.
Q~.M--
Robert B. Bean, Mayor
ATTEST:
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Lel:al Description:
"That part of the North 924.61 feet of the East 214.5 feet ofthe Northwest 1/4ofthe
Northwest 1/4 lying South of the North 219 feet, Section 32, Township 117, Range 23,
Hennepin County, Minnesota." P.I.N.32-117-23-22-0002
"That part of the Northwest Quarter of the Northwest Quarter (NW 1/4 ofNW 1/4) of
Section Thirty-two (32), Township One Hundred Seventeen (117) North, Range Twenty-
three (23) West of the fifth Principal Meridian described as follows, to-wit: Beginning at a
point in the North Line of the Northwest Quarter of the Northwest Quarter (NW 1/4 ofNW
1/4) of Section Thirty-two (32) which point is 214.5 feet West of the Northeast corner of
said Northwest Quarter of the Northwest Quarter of Section Thirty-two (32); thence South
parallel with the East line of said Northwest Quarter of the Northwest Quarter, 924.61 feet;
thence East parallel with the North Line of said Northwest Quarter of the Northwest
Quarter, 214.5 feet to the East line thereof; thence South along the East Line of said
Northwest Quarter of the Northwest Quarter. 452.2 feet to the Southeast corner of said
Northwest Quarter of the Northwest Quarter; thence West along the South Line of said
Northwest Quarter of the Northwest Quarter of Section Thirty-two, 554.5 feet; thence East
and parallel with the North line of said Northwest Quarter of the Northwest Quarter, 100
feet; thence North and parallel with the East Line of said Northwest Quarter of the
Northwest Quarter of Section 32, 435.6 feet to the North Line of said Northwest Quarter of
the Northwest Quarter of Section Thirty-two; thence East along said North Line 240 feet
(more or less) to the place of beginning, except therefrom a strip of land 12 feet wide,
along the Northerly Line of said land above described, the North line of which is the North
Line of said Seciton Thirty-two of land being now used as a public road as surveyed; and
except that part of the South 425.86 feet of the North 437.86 feet of the Northwest Quarter
of the Northwest Quarter of Section 32, Township 117 North, Range 23 West of the 5th
Principal Meridian, lying West of a line drawn South parallel with the East line of said
Northwest Quarter of the Northwest Quarter from a point on the North line of said
Northwest Quarter of the Northwest Quarter distant 214.5 feet West from the Northeast
corner of said Northwest Quarter of the Northwest Quarter, and lying East of a line drawn
parallel with and 50 feet East, measured at right angles, from a line hereinafter referred to
as Line "A", said Line "A" being described as follows: Commencing at the Southeast
corner of said Northwest Quarter of Northwest Quarter a distance of 554.5 feet; thence
North parallel with the East line of said Northwest Quarter ofthe Northwest Quarter a
distance of 948.4 feet; thence East parallel with the North line of said Northwest Quarter of
the Northwest Quarter a distance of 100 feet to the point of beginning of said Line "A";
thence North parallel with said East line to said North line, and said Line "A" there
ending." P.I.N.32-117-23-22-0009
"Tract B of Registered Land Survey No. 1644. File of Register of Titles, County of
Hennepin." P.I.N. 29-117-23-33-0012
"That part of the West 300 feet of the Northwest 1/4 of the Northwest 1/4 lying North of
the South 300 feet thereof, except road. Section 32, Township 117, Range 23, Hennepin
County, Minnesota." P.I.N.32-117-23-22-0007
Exhibit A