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06-093 CITY OF SHOREWOOD RESOLUTION NO. 06-093 A RESOLUTION APPROVING A CONCEPT PLAN FOR BOWMAN ADDITION P.U.D. WHEREAS, Richard Bowman is the owner of certain real properties located in the Cities of Shorewood and Deephaven, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Mark Kawell (Applicant) has, on behalf of Richard Bowman, applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Bowman Addition P.UD., containing four (4) single-family lots on approximately 10.6 acres ofland which straddles the Shorewood/Deephaven municipal boundary; 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 28 September 2006, which memorandum is on file at City Hall; and WHEREAS, the Planning Commission at its regular meeting of 3 October 2006 recommended approval of a Concept Plan for the Bowman Addition P.UD., subject to conditions; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 23 October 2006 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Applicants' request for approval of a Concept Plan for the Bowman Addition P.UD. is subject to the following conditions of approval: (a) The Applicants propose to divide the subject property into four (4) lots as shown on Exhibit B, attached hereto and made a part hereof. (b) The proposed private road serving Lots 3 and 4 will be widened to 14 feet of paved surface. (c) The applicant's attorney shall prepare easement and maintenance agreements for the private road and for the common driveway serving Lots 1 and 2. (d) The sanitary sewer and water mains shall be owned and maintained by the City of Deephaven. (e) The new lots shall pay to the City of Shorewood the local sanitary sewer access charges and water connection charges in effect at the time the final plat is filed. (f) The Applicants shall submit a tree preservation and reforestation plan as part of the development stage plans. (g) The Applicants shall dedicate wetland conservation easements over the City designated and Wetland Conservation Act wetlands and the buffer area required in Shorewood' sWetland Code. (h) As part of the final plat for the property, the Applicant shall place survey monuments locating the wetland buffer area on each lot. (i) Protective covenants for the P.UD. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). (j) Properties within the P.UD., and the lot at 20005 Manor Road will be assigned addresses consistent with Shorewood's house numbering policy. (k) Approval is subject to the review and approval of the City of Deephaven. 2. 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: (a) Section 1201.04 Subd. 1. regarding the procedures for review and approval of conditional use permits; (b) Section 1201.06 Subd. 3. regarding special procedures for the establishment of a P.UD. by conditional use permit; 2 (c) Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan approval. 3. 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. 6.(c) and (d). CONCLUSION 1. The application of Mark Kawell for approval of the Concept Plan for the Bowman Addition P.UD. as set forth above is hereby approved. 2. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of November 2006. o WOODY LOVE, MAYOR ATTEST: . DAWSON, CITY ADMINISTRATOR/CLERK 3 (INSERT LEGAL DESCRIPTION - EXHIBIT A) 4 (INSERT CONCEPT PLAN - EXHIBIT B) 5