94-052
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.
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CITY OF SHOREWOOD
RESOLUTION NO. 94-52
A RESOLUTION APPROVING THE FINAL PLAT OF W ATERFORD 7TH ADDITION
WHEREAS, the final plat of Waterford 7th Addition has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter
462 of Minnesota Statues, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the
City of Shorewood; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Waterford 7th Addition is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in Shorewood Resolution No. 100-90, approving a revised Development Stage Plan
for the Waterford P.U.D., and the Declaration of Restrictive Covenants, dated 27 June 1991,
attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute the Certificate
of Approval for the plat on behalf of the City Council.
4. That the final plat, together with this Resolution, shall be filed and recorded
within thirty (30) days of the date of certification of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith
without further formality, all in compliance with Minnesota Statutes and the Shorewood City
Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
June, 1994.
~~~ l~
Robert Daugherty, AJting Mayor
ATTEST:
Ja s C. Hurm, City Administrator/Clerk
.
RESOLUTION NO.1 00-90
A RESOLUTION APPRO VING A REVISED DEVELO PHENT ST AGE PLAN
AND PRELIMINARY PLAT FOR
WATERFORD 3RD PHASE
WHEREAS, the City Council of the City of Shorewood (City)
approved the original Development Stage Plan and Preliminary Plat for
Waterford 3rd Phase, a part of a Planned Unit Development (PUD) known as
"Waterford" ;
WHEREAS, Sherman-Boosalis, Inc. (Developer) has now submitted its
request for a revised Development Stage Plan and Preliminary Plat for said
PUD to include a convenience grocery store with gas pumps and a family
restaurant; and
WHEREAS, the Developer's request has been reviewed by the City
Planner, and his recommendations have been duly set forth in a Memorandum
to the Planning Commission, dated 1 August 1990, which z..remorandum is on
file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning
Commission on 21 August 1990, for which notice was duly published and all
.djacent property owners dUly notified; and
WHEREAS, the matter was considered by the City Council at its
regular meeting of 27 August 1990, at which time the Planning Commission
recommendations were reviewed, reports were received from the City Staff
and comments were heard from various members of the audience; and
WHEREAS, after due discussion and deliberation and after
consideration of the reports, comments, and recommendations of the City
staff, the Planning Commission, and members of the audience, the City
Council voted to accept cetain revisions to the Development Stage Plan and
Preliminary Plat for Waterford 3rd Phase, and directed the City Attorney
to prepare Findings of Fact in accordance therewith, to be presented at
the next meeting.
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NOW, THEREFORE, BE IT RESOLVED by the City Council bf the City of
Shorewood as follows:
.
FINDINGS OF FACT
.
1. T hat the Council has previously determined that the
free-standing gas station originally requested by the Developer was not
compatible with the neighborhood commercial development and would have to
be replaced with "another commercial activity acceptable to the City."
2. That the Developer now proposes a convenience grocery store
as such other commercial activity, with gas pumps as an accessory facility
to the con venience grocery store.
3. T hat the proposed con venience grocery store, incorporated
into the west end of the retail center, is compatible with the
neighborhood commercial development and is an activity acceptable to the
City.
4. T hat the accessory gas pump facility, covered by a canopy
attached to the retail center with a continuous roof line, serves as an
integrated unit with the grocery store and constitutes an additional
convenience to the neighborhood retail center.
5. That t,:vO existing restaurants in the immediate area will be
displaced as the result of a new intersection to be constructed at Vine
Hill Road and Trunk Highway No. 7 within the near future.
.
6. That the proposed family restaurant will serve a need in the
community and provide an additional convenience to the neighborhood retail
center.
CONCLUSIONS
That the Developer's request for a revised Development Stage Plan
for the PUD to include a convenience grocery store with gas pumps and a
family restaurant, and the revised preliminary plat submitted therewith,
is hereby approved, subject to the following conditions and restrictions:
1. A detailed signage plan shall be submitted by the Developer
for approval by the City. Said plan shall set forth specifications for
all types of signage including wall, pylon and temporary signs, and the
requirements of said plan shall be incorporated into any lease agreements
for the property. In no event shall pylons exceed the height of the
individual buildings or a height of 20 feet, whichever is less.
2. All exterior sales and display racks, equipment, and
appliances shall be prohibited, including soft-drink vending machines and
ice machines.
3. The hours of operation of the convenience grocery store and
gas facility shall be limited to between 6:00 a.m. and 12:00 midnight.
T he hours of operation of the family restaurant shall be limited to
.between 7:00 a.m. and 11:00 p.m.
4. The family restaurant shall not be eligible to apply for any
. type of liquor license.
5. All site lighting shall be consistent with the Waterford
Design Framework Manual, August 1984. Prior to issuance of any
certificate of occupancy, lighting shall be tested for compliance.
6. Lighting for the gas operation shall be reduced to one
island after 10:00 p.m.
7. T he developer shall submit a detailed landscape plan,
incorporating earth berms adjoining the service road and large trees along
the north perimeter of the site. At least two, five-inch caliper trees
shall be required at each of the two westerly entrances to the retail
center. All other canopy trees along the retail center shall be a
required minimum of three-inch caliper trees.
8. T he fuel storage tank for the gas facility shall be of
double-wall, fiberglass construction and will conform to state and Federal
guidelines.
9. T he final plans for parking lot grading and drainage shall
be submitted by the Developer for approval by the city Engineer.
10. T he two-family residential side yard setbacks for lots
. abutting streets shall be the same as the front yard setback requirement.
ADOPTED BY THE CITY COUNCIL OF THE
10th day of September, 1990.
~HO~E.iO OOOD this
rtf\ ~(J7ft,
. Hauq'en, Ma
!l;TEST:
.j~LlC' }1,(.,{ t. w ":ttvJ~
Laurence E. Whittaker
City Administrator/Clerk
1..-
Roll Call Vote:
A yes - Haugen, Gagne, Stover, Watten
Nays - Brancel
.
f,JLE COpy
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Third Draft - 6/14/91
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is made this ~1~ day of
JIIPr;;"
, 1991,
by Trivesco, a Minnesota general partnership ("Declarant").
RECITALS
A. Declarant is the owner of real property located in the
County of Hennepin, State of Minnesota, described as:
Outlot A, Waterford 3rd Addition according to the recorded plat
thereof (the "Real Property").
B.
On
May 28, 1991, the City Council of the City of
Shorewood, Minnesota (the "City") approved- the final plat of
Waterford 3rd Addition. As a condition of such plat approval, the
City Council has required Declarant to execute and record this
.Declaration in order to impose certain restrictions on the use of
the Real Property.
C.
Declarant
has
agreed
to
execute
and record this
Declaration for the purpose of satisfying the above condition of
final plat approval.
NOW, THEREFORE, in consideration of the foregoing recitals,
Declarant hereby declares that all of the Real Property shall be
held, transferred, leased, occupied and developed,subject to the
following restrictions:
1. Prior to construction of any building or structure on the
Real Property, Declarant shall submit a signage plan to the City
setting forth design specifications for all signs to be placed on
.the
signs
~eal Property including wall, pylon and ta~porary signs. Pylon
constructed on the Real Property may not exceed 20 feet in
~ight or
~atted lot
the maximum height of the building(s) constructed on the
on which the sign is located, whichever is less. The
City shall retain on file a copy of the signage plan submitted by
Declarant and the requirements of said plan shall be incorporated
into all Lease Agreements between Declarant and tenants of the Real
Property.
The signage plan shall be consistent with the provisions
of the Waterford Design Framework Manual dated August, 1984 and the
provisions of the Shorewood Zoning Code.
2. No merchandise, sales or display racks, sales or display
equipment
or appliances, soft drink vending machines or ice
machines may be kept or located outside of any building or
structure on the Real Property. Open and,outdoor storage, sales
and display are prohibited.
This restriction shall not apply to
~oline
products.
pumps
or
similar devices for dispensing petroleum
3. The hours of operation of the convenience grocery store
and gasoline sales facility to be constructed on the Real Property
shall be limited to between 6:00 a.m. and 12:00 midnight.
4. The hours of operation of the family restaurant to be
constructed on the Real Property shall be limited to between 7:00
a.m. and 11:00 p.m.
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5. The family resta~rant to be constructed on' the Real
Property shall not be eligible to apply to the City for any type of
liquor license.
6. All exterior lighting constructed or installed on the Real
~perty shall conform to the Waterford DesLgn Framework Manual
dated August, 1984. Prior to issuance of a Certificate of
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~ccupancy by the CLty for LndLvLdual structures or buLldings
constructed on the Real Property, exterior lighting shall be tested
for compliance with the Waterford Design Framework Manual.
7. Only one pump island of the gasoline sales facility may be
illuminated after 10:00 p.m.
8. The fuel storage tank for the gasoline sales facility
shall be of double-wall, fiberglass construction.
9. The restrictive covenants established by this Declaration
shall apply to and bind Declarant and each and every owner of any
part of the Real Property, and their respective successors and
assigns, and shall operate as a covenant passing with the title to
the Real Property and any part thereof. Said restrictive covenants
are imposed upon the Real Property as a servitude in favor of the
~ty of Shorewood for its benefit only.
10. The City has approved the Real Property for development
for both commercial and multi-family residential use.
It is
anticipated
that
the commercial and multi-family residential
portions of the Real Property will each be developed in multiple
stages.
Declarant intends that only that portion of the Real
Property that is finally platted and approved for commercial use,
as evidenced by the filing of a final plat or replatfor each stage
\
of commercial development of the property, shall be subject to the
provisions of this Declaration.
Accordingly, individual platted
lots
comprising
part of the Real Property, which lots are
subsequently platted and approved for commercial use, shall become
4IJbject to the provLsLons of thLs DeclaratLon only upon the fLILng
of a final plat or replat for a commercial stage of the development
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"
~f Waterford, 3rd Addition which depicts and includes such lot or
~ots. Any part of the Real Property which is finally approved for
residential use, as evidenced by the filing of a final plat or
replat for each stage of residential development of the Real
Property,
shall
not
be subject to the provisions of this
Declaration.
Upon filing of a final plat or replat for each stage
of residential development of Waterford, 3rd Addition, all of the
real
property
included
within
such
plat or replat shall
automatically be released from, and shall not be further subject to
this Declaration or any of the restrictions contained herein
without the filing of any release or other-similar document. To
the extent any of the provisions of this Paragraph 10 conflict or
are
inconsistent
with any of the other provisions of this
~claration, the provisions of this paragraph shall control and
supercede such inconsistent provisions.
11. The restrictive covenants established by this Declaration
are
perpetual in duration.
Said restrictive covenants may,
however, be terminated and released at any time, in whole or in
part, .by the City by means of a written release, in recordable
form, duly executed by the City.
The restrictive covenants
established by this Declaration are for the exclusive benefit of
the City and may be terminated and released by the City, in whole
or in part, without the consent or approval of any owner of the
Real Property or any part thereof.
12. The restrictive covenants established by this Declaration
.rall be
~oreTNood ,
enforceable
solely and exclusively by the City of
and shall
be enforceable by injunctive relief,
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"",rohibi ti ve
~erformance
or mandatory, to prevent breach of or to enforce
or observance of these restrictive covenants or by any
other appropriate legal remedy.
13. Failure
to enforce any of the restrictive covenants
established by this Declaration in any particular instance shall in
no event be deemed to be a waiver of the right to do so as to any
subsequent violation.
14. Invalidation of any of the termsr covenants, restrictions
and conditions of this Declarationr whether by Court Order or
otherwise, shall in no way effect any of the other terms and
conditions, which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused this Declaration of
Restrictive Covenants to be executed as of the date and year first
.ove written.
Trivesco
By Steiner & Koppelman, Inc.,
Partner
By
~~
,
~~<1"'~
Its c4~-<.
By Robert H. Mason, 'Inc.,
Partner '
By I~ ~)i~'
.
-5-
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.
By Highland properties, Inc.,
Partner
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The ~regoing instrument was acknowleqged this 17tJ day
of Jv~e' ' 1991, by f/,.ft(,t.. N t;"77EFIIV6::rL ,
-the C~~ , of Steiner & Koppelman, Inc., a Minnesota
corporation, a partner of Trivesco, a Minnesota partnership, on
behalf of said partnership.
=---~-- --.r--....1
~ RiCi-iARD D. D!SiAD
_~...::. ~,;~ N~i'\"Y P'JcllC_tt.1NNcSJTA
~.;i,);:<.( H~:-.lNEPIN COUNTY
~ ~-gj€? My comminion expires 4-27-94
~...r.....~-----~~_....~.--~
1uJ'~- c6.~
Notary Public
.ATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The } foregoing instrument was acknow)....edged this ;{ S day
of , _ ~ . 1= ' 1991, by /::1,0 NJ,v tAl. TIN> vc / .-" ,
the i d ~ AI , of Robert H. Mason} Inc., a Minnesota
corporation, a partner of Trivesco, a Minnesota partnership, on
behalf of said partnership.
J -~-...- JEREMY S. STEINER
... NOTARY PUBLIC-MINNESOTA
. HENNEPIN COUNTY
....._ ___ _MY.:O~issi~n e~~es 051694
- - - - --"'"
~ '" "'" ~ .>. SI A-Mr-
Nqtary Pub ic
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
l,oregOing instrument was acknow1edakJi ;:his/7 4~ _!!...d.ay
o f v ' 1991, by (. ZiLrJ!!12l Cd- - fI (L'f!:t.a '
the ~.~ , of Highland Properties, Inc., a Minnesota
corporation, a partner of Trivesco, a Minnesota partnership, on
~hal~ of said partnership.
f
avw1.0.J~~
Notary Public
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~8 -
. ~;"'l: DENISE D. S1lJHR
N01'AAY PUIIUC- MINNESoTA
HENNEFIN COUNTY
My CommissIon Expires Apr. 17. 1995