08-028clTy of sxoREwooD
RESOLUTION NO. 08-028
A RESOLUTION APPROVING WATERFORD CENTER. LLP REQUEST FOR
AMENDMENT TO TERMS OF P.U.D. AGREEMENT REGARDING THE SALE OF
LIQUOR
WHEREAS, Waterford Center, LLP (Applicant), is the owner of the Waterford
Shopping Center (Subject Property) located in the City of Shorewood at 19905 State Highway 7,
legally described as:
"Lot 1, Block 1, Waterford 6t'' Addition, Hennepin County, Milmesota"; and
WHEREAS, the Subject Property is subject to the requirements of Shorewood
Resolution No. 100-90, attached hereto as Exhibit A and made a part hereof and which sets forth
the conditions of approval for the commercial portion of the Waterford Planned Unit
Development (P.U.D.); and
WHEREAS, Resolution No. 100-90 limits the hours of operation for a family restaurant
to be located in the Waterford Shopping Center and precludes the restaurant from applying for
any type of liquor license; and
WHEREAS, the Applicant has applied to the City for an amendment to the teens of
Resolution No. 100-90 that would allow the family restaurant to apply for a license that would
allow beer and wine to be sold in the restaurant; and
WHEREAS, the Applicant's application was reviewed by the Shorewood Planning
Director, and his recommendations have been set forth in a memorandum to the Planning
Commission, Mayor and City Council, dated 11 March 2008, which memorandum is on file at
the Shorewood City Offices; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Commission on 18 March 2008, the minutes of which meeting are on file at the
Shorewood City Hall;
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 24 March 2008, at which time the Planner's memorandum and the minutes of the
Plamung Con~rnission were reviewed and comments were heard by the Council fiom the City
Staff .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
The Subject Property is zoned P.U.D. and is subject to the requirements set forth in
Shorewood City Council Resolution No. 100-90.
2. A family restaurant is an allowable use in the Waterford Shopping Center. Hours of
operation are currently limited to between 7:00 A.M. and l l :00 P.M.
In addition to Resolution No. 100-90, the restrictions applicable to the Waterford
Shopping Center are recorded in a Declaration of Restrictive Covenants, dated 27 June,
1991, on file at the Hennepin County Recorder's office.
CONCLUSIONS
A. The Applicant's request for an amendment to Shorewood Resolution No. 100-90 is
hereby approved as follows:
Conclusion number 3. is hereby amended to read:
" 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. The hours of operation of the family
restaurant shall be limited to between 6:00 a.m. and 11:00 p.m."
2. Conclusion number 4. is hereby amended to read:
"4. The family restaurant may apply for a license for the sale of beer and wine,
provided there shall be no bar seating area and that the beer and wine only be served with
food orders."
B. The Mayor and City Administrator are hereby authorized to execute, on behalf of the
City, an amendment to the Declaration of Restrictive Covenants recorded against the
property, reflecting the amendment to Resolution No. 100-90.
C. The City Clerk shall provide the Applicant with a certified copy of this resolution,
suitable for recording with the Hennepin County Recorder or Registrar of Deeds.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
April, 2008.
Christine Lizee, Mayor
ATTEST:
Lawrence A. Brown, Acting City Administrator/Clerk
-2-
RESOLUTION N0. 700-90
A RESOLUTION APPROVING A REVISED DEVELOPNSENT STAGE PLAN
AND PRELIMINARY PLAT FOR
WATERFORD 3RD PHASE
WHEREAS, the City Council of the City of Shorewood (City)
approved the original Development Stage Pian and Preliminary Plat for
Waterford 3rd. Phase, apart 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 far 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 bf the City of
Shorewood as follows:
Exhibit A
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. That 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 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 . 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 far 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.
The 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:@0 p. m.
~ . 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. The final plans for parking lot grading and drainage shall
be submitted by the Developer for approval by the City Engineer.
I0. The 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 CI ~ OF SHORE OOD this
10th day of September, 1990.
3a ` Haugen, Ma
A .TEST : ~-
Laurence E . Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes - Haugen, Gagne, Stover, Watten
Nays - Brancel