17-085Dated: September 26, 2017
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official 17-085 RESOLUTION APPROVING
A CONDITIONAL USE PERMIT FOR REDEVELOPMENT OF 19245 AND 19285
STATE HIGHWAY 7 FOR A STARBUCKS WITH A DRIVE-THRU SERVICE
WINDOW was approved and adopted by the Shorewood City Council on September 25, 2017.
The attached Resolution 17-085 is a true and correct copy adopted by the Council of the City of
Shorewood and is so recorded in the minutes of a meeting held on the 25th day of September
2017.
CITY OF SHORE WOOD
RESOLUTION NO. 17 -085
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR REDEVELOPMENT OF 19245 AND 19285 STATE HIGHWAY 7 FOR A
STARBUCKS WITH A DRIVE -THRU SERVICE WINDOW
WHEREAS, the Watson Vinehill, LLC. (Applicant) is the owner of real property located
at 19245 and 19285 State Highway 7 (Subject Property) in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A (attached); and
WHEREAS, the Applicant proposes to remove the existing buildings on the properties
and construct a coffee house with a drive -thru service window; and
WHEREAS, "drive -in facilities or convenience food establishment" are uses allowed
only by conditional use permit in the C -I (General Commercial) zoning district and the
Applicant has applied for a conditional use permit; and
WHEREAS, Applicant's request was reviewed by staff and their recommendations were
duly set forth in memoranda to the Planning Commission, Mayor and City Council, dated March
7, 2017 and April 4, 2017, on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meetings on March 7, April 4, and May 2,
2017, the minutes of which meetings are on file at City Hall, and recommended denial of the
application; and
WHEREAS, Applicant's request for a conditional use permit was considered by the City
Council at its regular meeting on August 28, 2017, at which time the staff's memoranda and the
minutes of the Planning Commission meeting were reviewed and comments were heard by the
Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The Subject Property is located in the C -1 (General Commercial) zoning district.
2. The Subject Property contains approximately 36,535 square feet (.84 acres) of land area.
3. The proposed development includes combining the two properties and redeveloping
the site with a coffee shop with a drive -thru service window.
4. The frontage road was re- configured after the subject property was created and the
adjacent properties had developed. It has narrow rights -of -way in parts of its extent,
problematic curves and challenging intersection geometrics.
5. The site is located in an area with heavy commuter traffic and near Minnetonka High
School, which is a heavy traffic generator in the A.M. peak.
6. The adjoining roadways are currently operating at an unacceptable level of service
(LOS) F during the A.M. peak and the site driveway on the frontage road is also
anticipated to operate at a LOS F in the A.M.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's request for a
conditional use permit subject to approval of the building permit by the Excelsior Fire
District and subject to the following conditions and conformance with city code,
zoning regulations and engineering guidelines. Prior to approval of a building permit,
the applicant shall:
1) Revise the plans or submit the information as directed in the Engineer's
memorandums dated April 19, 2017 and August 23, 2017, subject to the approval
by the City Engineer, which includes, but is not limited to:
a. Add a 100 -foot right turn lane (with taper) into the site from east -bound
Delton Avenue.
b. Add a 100 -foot by -pass lane (with tapers) on west -bound Delton Avenue at
site entrance.
C. Add a right turn lane (with taper) from north -bound Vine Hill Road to
eastbound Delton Avenue.
2) Submit any necessary easements (in favor of the City) to accommodate the right-of-
way improvements listed above and any necessary approvals from the City of
Minnetonka or MnDOT.
3) Consolidate the properties into a single tax parcel and submit a revised certified
survey.
4) Acquire any temporary construction easements necessary on the adjacent properties
for either demolition of existing improvements or construction of retaining walls.
Retaining walls over four feet in height require a building permit.
5) Revise the site plan to include the proposed impervious surface coverage. The
maximum allowed is 66 percent.
6) Pick up stray trash on a daily basis on the property and nearby the site to avoid
nuisance trash to the surrounding neighborhood.
7) Submit a sound study (or specifications from a speaker vendor) indicating that the
sound from the ordering station shall not exceed 50 decibels at the east property line.
8) Limit the hours of operation to 6:00 A.M. to 10:00 P.M. and further limit trash
service and deliveries to the hours between 9:00 A.M. and 8:00 P.M.
9) Execute a performance agreement and submit related financial guarantees consistent
with the zoning regulations.
B. The City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
-2-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
September, 2017.
ATTEST:
ua paJ
SANDIE THONE, CITY CLERK
-3-
Legal Description of 19245 State Highway 7:
Land sklmlcd in 01"o, City (Tamly cil'Homq141, Sulto of dL,scbfvd "as A'Allowp.,
1halt pait of Lot 15, Vine; R.111t de-mribed as fall a, :
CommeRclixi at a point on the cast, line (if said, Lot, �Itqtant 375 feet south (:)F tho rto,,Oramt corn mr
of said Lot, t were x,, West perpeRd.!cular to Bald east line, along a lino, hereinafter retbrred, to as
Line'" a &;tance of ISO feet to a pok,'A' hetvinaftar referred to az rxArvt 17C;. Meren rowtinuirig
VmA on raid Une *A" to Lars wRest line of the east, 33U feet of sold Lot, and Beard Une "A" there
ending, thence Korth aloog Said west flee of the east 330 fbet a distance, of 71,9 feet agora or
to the southeasb?'rily line of the rlght-o -v ay of Nte flighway No, 7; then oe northe&sterly
ailmg said southeasterly line a distance of, 1 feet to the actuall, point of beginning of the fond to
be dmv;rlbed; thmaice: southeasW, 1y Plong a f1m, mihich fr exteoded v.,ouki pass through-,sald point
tlxh, to b Intersection With a line drawn parallel with and distant 20 feet north from Saki Line "V;
1thencm East atop g saW parallel llne to mild east fine.; thence North along said Last line to the
wto(section with the southeastefly line of the rlghtl-or�way of State. Highway No, 7; t"mce
noithme.,lefly and southmesterly aloqsald rlqhtl-of-�vay tiRe to the actval point of bonninp,
EXCEPT that it, of the eat 111 (Let- of the rxoperty lyl ng noith ofa 1[,ne
CNN)
da.5cilizi.ed as fa JIons:z Commencing at thy: notlhe.aAd corner of said Lot IS, Oience South along the
Osa-st line Of sat;, Lot a distalyce of:294,59 feet to the point of beginning of the lific being
dasalbed; the defletting right 410 d to the iciest line of sabd east 133 famet, and there
ending,
Legal Description of 19285 State Highway 7:
L-vid 4auticd in rite Oy OF Sbori'-,!Viood. caunty o-ruortnevirl, State of Konemca, dosoribcd �43 follow":
Par 1 That P-,rt of Lot 15, "'Virie HIFI" d1cm6berl as fohlotovs, Cornmtenring at a point on the East
I'litv, of rmld lot., rfistant 32,15' feet Swth of tIv Northeast corner thereof, then oe due 1001e t a
distance of 197,6 feet to the actual point of beginning,, thence continuing West a d4tance, of
132,4 feet; thence $oath, along a line extervJ1,,,%,p to o polat 0 feet due East of the North st
corner of'saki Lot IS, a distance a, 4S, I feet-, thence Northemterlya distame of 13547 fame rnore,
Or lems, to a Onton the. West Its of the East 197,6 feet of 11 La 15, �t diq , 20 feet S
,a n outh
firm the actual, point or b,2fgJnnInq,, thenco ". h to We actual point of begin—nIngr,
Par 2. 'The VVest K6 feet of the NoO 20 feet of the East 197,6 fePA of that part of Lot 15, "'Vlne
Hill" tying South or a fine runrdng due West korn a point I q, the Fast One of saild, lot distant 375
fret South rrorn the Northoost corn r of mld Lot 15,
Par 3: That Part of Lot 15, aMn eflllill, de5,,-ribed as Mom. Commenclrq rat point on the East
line of sad lot, distarrt 375 f aet south or the Northeast corner the oft thence due West a
distances of 1,68 fbet to Ow actual poWt of WgInnIng of the land tG be, demtwd; thgno,*
roontinlAng West a distarvue, of 1.42 feet, more or le q, to a line drawn paraftl to and distant 330
feet West from the East linra, of saftf Lot 1 5 arA Its extort slon, thence Umb along said parallel line
a d1si tame ;>f 71 �9 fact, more or tess, to the Suuthea�teTiy line of the r1q*OI`--Way *f State
1111 ,h%vay No, 7; thence Northeasterli, along the Sautheasterly lire of smitt rlqht-of-way of State
Highway No. 7 a distance of 124 feet, thence Southeasterly to the actual point of lbeginnInq.
I , (II'MUS Cerfifitunix, W-Ti fle 9[ 166174
m
September 26, 2017
5755 Country Club Road • Shorewood, Minnesota 55331 e 952- 960 -7900
Fax: 952- 474 -0128 ® www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us
Hennepin County Recorder's Office
A -500 Government Center
300 South 6th Street
Minneapolis, MN 55487 -0055
In Re: Resolution Recording
Please find attached Resolution 17 -085 requiring recording in your office. If you should have any
questions or require anything additional, please do not hesitate to contact me.
Thank you,
l
Sandie Thone
City Clerk
City of Shorewood
sthone@ci.shorewood.mn.us
952.960.7921
Existing Certs
1432268
Doc No T05485458
Certified, filed and /or recorded on
Oct 16, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1615641 M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
Dated: September 26, 2017
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
4 q ) , I
1, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official 17-085 RESOLUTION APPROVING
A CONDITIONAL USE PERMIT FOR REDEVELOPMENT OF 19245 AND 19285
STATE HIGHWAY 7 FOR A STARBUCKS WITH A DRIVE-THRU SERVICE
WINDOW was approved and adopted by the Shorewood City Council on September 25, 2017.
The attached Resolution 17-085 is a true and correct copy adopted by the Council of the City of
Shorewood and is so recorded in the minutes of a meeting held on the 25th day of September
2017.
- NW--",Z
Sandie Thone
City Clerk
DRAFTED BY:
SHOREWOOD CITY CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331