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90-100 . p' . . . . ' RESOLUTION NO. 100-90 A RESOLUTION APPROVING A REVISED DEVELOPMENT STAGE PLAN AND PRELIMINARY PLAT FOR WATERFORD 3RD PHASE WH ERE AS, the City Council of the City of S horewood (C ity ) 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 Memorandum 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 adjacent 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: ",' . . . . . FINDINGS OF FACT 1. That 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 convenience grocery store. 3. That the proposed convenience 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. T hat two 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. T hat 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. T he 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. The 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. The 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 10th day of September, 1990. j:\TEST: J .' ; /YU"l ~ \JJltt16!~~ Laurence E,' Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Haugen, Gagne, Stover, Watten Nays - B rancel