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89-099 . . . RESOLUTION NO. 99-89 A RESOLUTION GRANTING DEVELOPMENT STAGE PLAN APPROVAL AND PRELIMINARY PLAT APPROVAL FOR WATERFORD 3RD PHASE WHEREAS, Sherman-Boosalis, Inc. (Applicant) owns an interest in certain land included as part of a Planned Unit Development (PUD) known as Waterford; and WH ERE AS, the City of S horewood (C ity) approved said PU D, together with the General Concept Plan submitted therewith by Trivesco (Developer) at a regular meeting of the City Council on 25 June 1984; and WHEREAS, the City and the Developer entered into an amended development agreement on 12 August 1985 for the development of said PUD in accordance with said General Concept Plan and pursuant to Shorewood ordinance; and WHEREAS, the first two phases of said PUD, consisting of single-family homes, were subsequently approved by the City and developed by the Developer pursuant to the terms and conditions of the development agreement; and WHEREAS, the Applicant now proposes to develop the third phase of said PUD, consisting of multiple family residential and commercial units, and has submitted its development stage plan therefore; and WHEREAS, said development stage plan has been reviewed by the City Planner, whose comments and recommendations have been duly set forth in his memorandum to the Planning Commission, Mayor, and City Council dated 23 August 1989, which memorandum is on file at City Hall; and WHEREAS, said development stage plan was reviewed by the Shorewood Planning Commission at a public hearing held on 12 September 1989, for which notice was duly given; and WHEREAS, said development stage plan was further reviewed by the Planning Commission at a regularly scheduled meeting on 24 October 1989 for which notice was duly given; and WHEREAS, the Planning Commission after due inquiry and deliberation, thereupon voted unanimously to recommend approval of the Applicant's development stage plan, subject to certain conditions and restrictions; and WHEREAS, the matter was considered by the City Council at its regular meeting of 13 November 1989, at which time the Planning Commission . . . recommendations were reviewed, reports were received from the City staff and the Minnesota Department of Transportation and comments were heard from various members of the audience; and WH ERE AS, after due discussion and deliberation and after consideration of the reports, comments, and recommendations of the City staff, the Planning Commission, the Department of Transportation, and members of the audience, the City Council voted to accept the recommendations of the Planning Commission 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 Land Use portion of the Development Stage Plan is consistent with the Concept Plan previously approved by the City, and accepted with the following restrictions and conditions: A. T hat the gas station shown on the Development Stage Plan is not compatible with the neigborhood commercial development and therefore must be replaced with another commercial activity acceptable to the City. B. T hat the hours of operation of all commercial activities in the development be restricted to the hours of 7: 00 A. M. to 10:00 P.M. C . T hat no signs shall be erected which shall exceed the height of the buildings in the commercial area. D . T hat restrictions satisfactory to the City shall be set for the use of accessory buildings and for the outdoor storage of boats and recreational vehicles in the residential area. 2. That the Street and Traffic Circulation portion of the Development Stage Plan is consistent with the previously approved Concept Plan, the recommendations of the Minnesota Department of Transportation, and the amended development agreement dated 12 August 1985. 3. That the General Design portion of the Development Stage Plan, subject to site plan approved by the staff and City Council, is consistent with the previously approved Concept Plan. 4. That Park Dedication Fees in the sum of $78,500.00 shall be paid by the A pplicant pursuant to the original proposal. . ~' . . . CONCLUSIONS 1. That the Applicant's Development Stage Plan is hereby approved, subject to the conditions and restrictions noted above. 2. T hat the preliminary plat of the land submitted as a part of the Development Stage Plan is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this j IF! day of Ie ! ' , 1989. .' "\ ! \ ~/' j { " \\ , ,1< ",' ",' I" '.. , >,' .r,l /~it~Mt\,i~~~r .: 1. . /~\ l } ATTEST: \ I \ \ j Laurence E. Whittaker, Administrator/Clerk Roll Call Vote: A yes - Nays -