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Jimmy John's CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WIVW.ci .chan hassen.mn. us 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Auseth, Planner I I rt1-r~ March 10, 2008 7 DATE: SUBJ: Jimmy John's Site Plan Review Request - 7851 Market Blvd. Lot 1, Block 1, Market Street Station Planning Case #08-02 EXECUTIVE SUMMARY The applicant is requesting a conditional use permit and site plan approval for a 1,650 square-foot, one-story, stand-alone fast food restaurant. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 19,2008. The Planning Commission voted unanimously to approve the motion recommending approval of the conditional use permit and site plan review. The Planning Commission discussed concerns from some Market Street Station tenants regarding the parldng availability throughout the development. The main entrance to the existing building, which leads to the second floor offices, is located on the north side of the building. However, the majority of the parking is located on the south side of the development. There is not a common entrance on the south side of the building that leads to the business on the north side and second floor. The tenants are concerned that the parking stalls on the north side of the development will be used by the restaurant patrons and that their patrons will not have adequate parking to access their businesses. The property manager discussed allocating parking spaces for each tenant to provide adequate parking for each tenant. She also added that two of the tenant spaces, one on the south elevation and one on the east elevation, have access to the atrium. However, it was pointed out that customers do not feel comfortable walldng through a business to get to the atrium without stopping to make a purchase. A second suggestion to alleviate the access issues from the south parking lot to the atrium was to create a secondary entrance on the south elevation of the main building that would lead directly to the atrium area for tenant access on the north side and second story of the building. This would make the southerly parking stalls more convenient. The City ot Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Jimmy John's March 10, 2008 Page 2 The Planning Commission suggested adding an 18th condition directing the developer to work with staff to mitigate traffic and parking concerns. The proposed sidewalk connection between the building pad and the overall development was also noted during the discussion. Planning Commission's concern was the safety of pedestrian circulation from the restaurant through the parking lot to the connecting sidewalks and buildings in Market Street Station. The proposed sidewalk is located on the west, south, and east elevations of the restaurant and connects to the existing sidewalks throughout the development as well as Market Boulevard. The Planning Commission minutes for February 19, 2008 are item 1 a of the March 10, 2008 City Council packet. RECOMMENDATION Staff and the Planning Commission recommend adoption of the amended motion as specified on pages 9 and 10 in the staffreport dated February 19,2008 approving the conditional use permit and site plan review. A TT ACHMENTS 1. Planning Commission Staff Report Dated February 18, 2008. g:\plan\2007 planning cases\07-22 scherle variance\executive summary.doc ~ ~ u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJ'J. PC DATE: 2/19/08 OJ CC DATE: 3/10/08 CITY OF CHANHASSEN REVIEW DEADLINE: 3/18/08 CASE #: 08-02 BY: AA, AF, JM, TJ STAFF REPORT PROPOSAL: Request for Site Plan Review with yariances for a 1,650 square-foot one-story restaurant building; and a Conditional Use Permit to allow a free-standing fast-food restaurant in the Central Business District (CBD). LOCATION: 7851 Market Boulevard, Lot 1, Block 1, Market Street Station APPLICANT: Jimmy John's c/o Kraus Anderson Inc. LLC 421 0 West Old Shakopee Road Bloomington, MN 55437 PRESENT ZONING: Central Business District (CBD) 2020 LAND USE PLAN: Commercial ACREAGE: 0.14 of 5.26 SUMMARY OF REQUEST: The developer is proposing a 1,650 square-foot, one-story, stand- alone restaurant building located in the Market Street Station development. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets those standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi judicial decision. Jimmy John's February 19,2008 Page 2 of 11 PROPOSAL/SUMMARY The developer is requesting a Conditional Use Permit and Site Plan Review for a 1,650 square- foot, one-story, free-standing fast-food restaurant building. The building height is 19 feet to top of parapet. The building is constructed of pre-cast concrete, stucco and cultured stone, to match the existing building in Market Street Station. The proposal is for a single tenant user. A Conditional Use Permit (CUP) is required by City Code for all free-standing restaurants located within the Central Business District (CBD). The property to the north is Country Suites Hotel, which is zoned Central Business District. The property to the west, across Market Boulevard, is Market Square, which is zoned Planned Unit Development. The building to the south is part of Market Street Station and is zoned Central Business District. The property to the east is a vacant building site and the Chanhassen Cinema, which is zoned Central Business District. Water and sewer service was provided to the site as part ofthe Market Street Station Development in 2003. The applicant will need to provide storm water improvements for the specific building pad. The proposed site complies with the Chanhassen City Code. Staff is recommending approval of the conditional use permit and site plan review with conditions. APPLICABLE REGUATIONS Chapter 20, Article II, Division 6, Site Plan Review Chapter 20, Article IV, Conditional Use Chapter 20, Article XVIII, Central Business District Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office-Institutional Developments BACKGROUND On October 13,2003 the Chanhassen City Council approved Rezoning #2003-03 from General Business District (BG) to Central Business District (CBD), Site Plan #2003-09 for Market Street Station, and Conditional Use Permit # 2003-05 for multiple buildings on a single lot. Market Street Station was approved as a multi-phase project. Phase I was constructed in 2004, it consisted of a two-story main building approximately 45,000 gross square feet containing a bank and commercial/retail tenants on the first floor and office space on the second floor. This building is the centerpiece of the development and occupies a prominent location on the site. The bank occupies the west end of the building; it has four covered drive-thru lanes, one of which contains an A TM machine. Jimmy John's February 19,2008 Page 3 of 11 The subject site is Phase II of the development: a 1,650 square-foot stand-alone restaurant with an outdoor patio area for seating and dining. This building is located immediately north of the main building and across the private street that enters off of Market Boulevard. The site is accessed via a shared driveway adjacent to Market Boulevard as well as shared parking within Market Street Station. The parking for Market Street Station was installed with the construction of the existing building during Phase 1. During the site plan review for Market Street Station, the parking requirements included a free-standing restaurant on the subject site. Market Street Station has a joint access agreement with the City to cross the City's right- of-way into the development. I Subject S~ ':;;;'.: ' :' ~I~ ..~~::'... ~.l~."~J:tl~;~:;j;.;:~~;~: : : : I i _.' ......~-;j-- c. "~'lll .. h '~~_.~ __' '!-'tl?II~"r. I " I~l<!.::r.- R " C "':~ ','., J'l)t I,.. n-' . I: .. 3~ ~ "",'! " I ./ C' " II." ,.r"" I.' ". "." .1.;, ~/ - C~!. I \~-.,l~-=c::::.;~ (._ J-~ ~..,;: I \', ''''-~ c ~J.r.' 1,1 ":" k;, ," \ ~,.,:!,t ,~l ~ ^. _/'''''';!;P'~ ~;;'J , ;;''\ Q\ ,. <0"...,(-, '. . 'i. ':~.::,,",;; I ~,"~jl' f: ~ . .~:~: "J- U.r A ,'_{-')~~-;~ - - ~~) {{~ l~ . ~ ~:,~..7~~:"1 I m' ,:, rr-.' ~-="_r 4':Ji"",";';" "'.... r<, ','j I ' I ',. i) .n( I ~ r rl:~~~ 1 .~~, I;:; ...> ,. _.. \ j I .1fJ~ .. .'- ~~) .~- ~! ~::.,~~~~L.~. ~- ,-:-:::,,\. r1n'" Existilg Building O~~~ I . _'c:J - ." " '1\ \ 1Jh~i~L_""'rr-\ '1 ~_ 'Cit;l-I':T' -: l,ij~~: / II., \~~<- .:J.'...I 'l~' _-lo-I....t,!"':"::"i-v Lt.':~ '''';'''k' . .-/, \\:\ ,,~;::r '1"d,f4:~~:Efil ~ 'I' _._",:,",..11..1 r:I' ,----:~~. . ''l-r \\'.t~, -:-;,,,=~~.(j.' 1\ I III, j d" '~":l~(':r- ~~jll.: ,\.~-:.. -----":~-'..f~' "\ . ---. - . I' ^ I . 'iL I ~\~:~ \ _' ~':~"'10-' 'I -?p$~/ .:-: "~-. I : ' I _~.,...::.L:. _, ~ _ ..{.~ \.\\.-.... 'I:~7:.:,'.~ \Ti~,~,. '.",;---:..-1:1:' I D I ~1--d:-:-~?1,~::;5' .cj;; ~ \' I, "';ti, .r.... I-It\. I .~:::.....~ ~~!t~~:-.r_-;-.~::_ ~ 1-- .,1-" -FJ"~~ -__ }..J '(J l..'-\.~J f \1 .,....~'.....,"'t..;.;.~~.. --,;r- .,.. ~....-""._'~ -;- ~...... \ ';:" '\\ '.; \\\\t r.'~ J i." r;~~~!__-=-~...::.':::~_,__~~~-.- - '%. ...\ <' ~\~{'" t f -"I" I - - .-::-:..-.;:..::.;- ... " ,; \~,\ J,~,{ J~J- ~. / ___.." \ \ 1> '~\\ "i/ ",,'Tf~':;;;::-"-:'--- ,.,.r.1~ p....l\.?O"-o ~ \ I ~~\ ....\..s;'{{r.':-l . __ ~ -' f>"~'~~, orE'; ~ \'~" Yo r#.ll Phase III is proposed to include an additional building pad to the east of the Phase I building connected to the Chanhassen Cinema. CONDITIONAL USE City Code requires any stand-alone fast-food restaurant located in the Central Business District to receive a conditional use permit. Conditional uses allow the City to impose appropriate conditions to mitigate potential negative impacts of a use. The conditional use requirement for fast food restaurants is generally based on regulating the use of a drive-thru window in connection with the use. The applicant is not proposing a drive-thru for this building, nor will one exist in the future; therefore, staff supports the stand-alone fast-food restaurant in the CBD. GENERAL SITE PLAN/ ARCHITECTURE ARCHITECTURAL COMPLIANCE ROa'TOf> EGlJI~T ~,cr' PARAPET _ 'l"EL~'.f>' ..kIQf',cr' ~ '1" EL ""./,' Pi'IE.FNISI-lEO !'!ETAL CAD "" 0Jl. TlNl:O STa.E -_ Il.'/.LL FACIN6. ~ PATTE~ ~ITfC;~ FN1~ FI'!E .C~T Ib ~~ L~ liiF ~ . u.coo FR./lI"E U.lTli A5l'I-lALl ~~LES ExTER:OR u:ALI.. S"'-N TO_ SAller'!' l'IAI'ICEl S~ET STATJClo: SI(,N ~I~A. ALlJ'11N1.M INTEfiiWlLL" LIT LETTER!> (LEO) WITli TRANSL\lCENT I'LEX FAa: Jimmy John's February 19,2008 Page 4 of 11 Size Portion Placement The City Code promotes location of the building nearest to the setback lines outlined in the district regulations. This district does not have a minimum setback requirement. The principle structure is set back 16 feet 2 inches to the west property line and 10 feet from the north property line. All other elevations are internal to the development. The City Code requires parking areas to be distributed around buildings. The building is situated so that the parking area is adjacent to the main entrance of the building. The building screens the parking lot from direct views along Market Boulevard. The main entrance to the building is located on the east side of the building and is enhanced by a projecting entrance and a hip roof element. This entrance is the closest access point to the parking lot. There is a second entrance on the west side of the building, which is nearest the restrooms and mechanical room. To enhance building safety, staff and the applicant have discussed installing self-latching hardware on the door. This door will serve as an exit only door, as well as a service door for the employees. Material and Detail ~ ~f.I:'&~ ...-CAWAS.nFf AiiN,N(j uru OPAGllE RX!' ~AIlRIC CONTNJG1J5 6.0'0 Of &TU::CO OL':UI<ED &1CW: lIAl.L FI.CIN:>. RAI\OCM PA~ The restaurant is architecturally compatible with the overall design and layout of the development. -CLEAR DOJ!llE PA~E. LOllI E' INSUlATED G1..A5& A'lD:llZCD ALt:11NJ'1 ~"1E The building materials consist of pre- cast concrete, stucco, cultured stone, a raised parapet, clear double-pane insulated windows, canvas opaque awnings over all windows and entrances, gooseneck lighting and landscaping throughout the site. I, ~~t: The main entrance to the building is enhanced through the use of a projecting entrance as well as a hip roof with black asphalt singles. The design and building materials architecturally mimic the existing design of the development. Height and Roof Design ~~;~~~i~~~~~~}~:: :~~~~~ :::- :~-. - .~:.~ --~~._~- ~~' -:-.~~-~ T -: . ~_ '_. ~. -~ -.-.- _:.:.~ '-~-'.: -'.:_:~~~~;~-:;:.~~;_:< :[---~'._~ ~~; The single-story building is 14 feet 6 inches high. The roof articulation is provided through the parapet wall and the hip roof at the main entrance. The hip roof design is in direct conformance with the intent of the Market Street Station Development. As outlined in the original site plan review; the roojlines of the buildings are, perhaps, the most important architectural feature of the project as they provide significant visual interest to the project by providing a variety of roof forms. The hip roof continues this architectural interest. Jimmy John's February 19, 2008 Page 5 of 11 The mechanical equipment is located in the center of the roof and is screened through the use of a 5-foot parapet wall surrounding the building. Facade Transparency City Code requires a minimum of 50 percent of the first floor elevation that is viewed by the public to include transparent windows and/or doors. The east and west elevations exceed this requirement. However, the south elevation does not. The applicant has agreed to converted one of the sections of cultured stone on the south elevation into a window. The addition of the fourth window on the south elevation will exceeds the transparency requirements. The north elevation, which is not visible by the public, shall include landscaping material and architectural detailing. Site Furnishing The applicant is proposing an outdoor dining patio on the east side of the building, located between the entrance of the building and the parking lot. There is a continuous sidewalk around the west, south and east elevations of the building, which will provide a connection with the existing internal sidewalks as well as to the public sidewalk along Market Boulevard. Market Street Station also offers existing bike racks for cyclists. Loading Areas. Refuse Area. etc. During the initial discussions staff had with the applicant regarding the site, staff directed the applicant to investigate the possibility of a joint agreement with Country Suites Hotel to share access to their trash enclosure, located just north of the subject site. The applicant is continuing to pursue this option. However, should this option fail, the applicant will locate the trash enclosure on the west side of the building. The enclosure will be set back 6 feet 2 inches from the west property line and 10 feet from the north property line. The enclosure will be constructed of the same building material as the principle structure. There is a sidewalk connection from the trash enclosure to the west end of the property for trash service accessibility. Landscaping The landscaping for the proposed development includes foundation and replacement plantings. The landscape requirements for parking lots and bufferyards have been met with the previous approval and implementation of the Market Street Station development plans. The foundation plantings include trees at the property edges and shrub beds facing the drive lanes and parking area. The applicant is proposing to save the existing trees on the site. These trees will need to be protected during construction and replaced if damaged or killed. The species noted in the planting schedule are acceptable. Three Colorado Spruce trees will be removed at the northeast comer of Market Boulevard and the entrance drive. These trees will be removed and replaced by the applicant. The proposed plantings include three 4-inch Autumn Blaze maples and three 2-inch Red Jewel crabapples. Jimmy John's February 19, 2008 Page 6 of 11 The replacement trees will provide better sight lines for traffic while retaining canopy coverage for the site. Lot Frontage and Parking Location The access, parking and utilities for the proposed restaurant were installed with the Market Street Station development. The main access will be via Market Street just the west ofthe site. There is also an existing joint drive aisle with the hotel to the north. The existing parking lot to the east will serve the site. A small portion of the parking lot adjacent to the site will be re-striped to accommodate one ADA parking stall. The parking requirements apply to the entire Market Street Station Development. Parking PHASE I New/Expanded Uses Gross Floor SpacesllOOO Spaces Needed Area S.F. Day Night *Restaurant 3,000 sf 10 day ~ ~ (subject site) 1,650 sf 5 night 17 9 Restaurant w/bar 5,000 sf 10 day 50 100 1 story 20 night Bank/Retail (1 st floor) 21,665 sf 4 day 165 42 Office (2nd floor) 19,565 sf 1 night Cinema 1351 seats .02 day 27 270 .2 night Frontier Lower Level Fitness Center 11,000 sf 3 day 33 33 3 night Dance Studio 5,000 sf 1 day 5 15 3 night Office 4,000 sf 4 day 16 4 1 night Park & Ride (existing) 120 day 120 0 o night Total Needed Phase I 44{} 419- 433 473 Total Parking Provided 526 526 Note: Some of the square footage and parking counts are approximate Jimmy John's February 19, 2008 Page 7 of 11 GRADINGIDRAINAGE Minimal grading is required for the proposed building pad. The area being disturbed is less than one acre. It appears that the site grading may generate excess material. If off-site hauling is required, the developer must work with City staff to determine an appropriate haul route. Runoff from the site will be conveyed to the existing 12-inch storm sewer stub on the south side of the building via a private storm sewer. The public storm sewer was designed to accommodate runoff from the entire site under fully developed conditions. Erosion Control The total disturbed area is less than one acre and there are no special waters. As a result, a NPDES Phase II Construction Site Storm Water Permit is not required from the Minnesota Pollution Control Agency (MPCA) for this site and it is not necessary to develop a Storm Water Pollution Prevention Plan (SWPPP) in conjunction with this application. Adequate perimeter controls were shown on the erosion control plan. The plan needs to call out a rock construction entrance. The City ofChanhassen requires a minimum length of75 feet. Site constraints may be such that this length is not practicable. If it is not, it is incumbent upon the applicant to show why not and to maximize the driveway length within the site constraints. The rock construction entrance should be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In the event, adequate inlet protection details were included in the plan set. RETAINING WALL The plan identifies a retaining wall on the north side of the site. The wall is necessary to prevent grading and/or excavation beyond the property line to the north. No excavation is to occur north of the property line during installation of the retaining wall. The wall will be privately owned and maintained. Jimmy John's February 19, 2008 Page 8 of 11 UTILITIES Six-inch sanitary sewer and water service stubs to service the site were installed with the Market Street Station development. The City Sewer and Water Hook-Up fees and the Metropolitan Council SAC fee must be paid with the building permit. These fees are based on the number of SAC units as determined by the Metropolitan Council. The current rates are $4,799/unit for City Water, $1,239/unit for City Sewer and $1,900/unit for the Metro SAC. OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. WETLANDS No jurisdictional wetlands exist on the property. LAKES AND BLUFFS The proposed project is not within any shoreland district. There are no bluff zones located on the property. LIGHTING/SIGNAGE Li2htin2 The proposed lighting on the building are gooseneck lights, which mimic the lighting on the main building in the development. The lighting locations for the parking lot were installed during construction of Phase I, in the landscape islands. Si2na2e Wall signs are permitted on two elevations of the building. The applicant is proposing one on the west elevation, along Market Boulevard, and one on the south elevation, along the private drive isle, as noted in the architectural plans. The wall signs shall be consistent with the City ordinance. Jimmy John's February 19,2008 Page 9 of 11 COMPLIANCE TABLE - CBD DISTRICT Ordinance Proposed Principle building Building Height None mid-point of hip roof is 23 ft. Building Setback None 16 feet 2 inches to West property line. Parking stalls Per Parking Study 26 stalls Parking Setback None 100 feet to Market Blvd Lease Area NA 6,240 sq ft Miscellaneous The building is required to have an automatic fire extinguishing system. Plans must be prepared and signed by design professionals licensed in the State of Minnesota. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. The proximity ofthe structure to the property lines (and other buildings) will have an impact on the code requirements for the proposed buildings, including but not limited to protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. Detailed occupancy related requirements will be reviewed when complete plans are submitted. The utility plans will be reviewed during the permit process. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. RECOMMENDATION Staff and the Planning Commission recommends-that the Planning Commission City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen Planning Commission City Council recommends approval of approve the Conditional Use Permit and Site Plan - Planning Case #08-02 for a 1,650 square-foot, one-story, stand-alone restaurant building, plans prepared by Pope Architects, dated received January 25, 2008, subject to the following conditions: 1. The south elevation shall be revised to meet the 50 percent fac;ade transparency requirement. 2. The applicant shall continue to pursue the option of a shared trash enclosure with Country Suites Hotel. 3. The applicant shall install self-latching hardware on the door located on the west elevation of the building. Jimmy John's February 19, 2008 Page 10 of 11 4. All roof-top equipment shall be screened. 5. The existing trees shall be protected during construction; the applicant will be responsible for replacing any damaged or killed trees. 6. The applicant shall provide erosion and sediment perimeter control. 7. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. 8. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. 9. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 10. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. 11. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length although site constraints may require alternative length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 13. If off-site hauling is required, the developer must work with City staffto determine an appropriate haul route. 14. The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Jimmy John's February 19, 2008 Page 11 of 11 15. The building is required to have an automatic fire extinguishing system (Chanhassen has adopted MN Rules Chapter 1306, Subp. 2). 16. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 17. Sign permits are required for all signs prior to the installation, to ensure compliance with all applicable regulations. 18. The developer shall work with staff to mitigate traffic and parking concerns. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application. 3. Reduced Market Street Station Site Plan dated Received January 25,2008. 4. Reduced Floor Plan dated Received January 25,2008. 5. Reduced Elevations dated Received January 25,2008. 6. Reduced Land Title Survey dated Received January 25, 2008. 7. Reduced Grading, Drainage and Erosion Plan dated Received January 25,2008. 8. Reduced Civil Details dated Received January 25,2008. 9. Reduced Landscape Plan dated Received January 25,2008. 10. Access Easement agreement dated April 7, 2004. 11. Public hearing notice and property owners list. g:\plan\2008 planning cases\08-02 jimmy john's\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Kraus Anderson for Conditional Use Permit and Site Plan Review Approval for a 1,650 square-foot, one-story, stand-alone restaurant building in the Central Business District (CBD). On February 19, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Kraus Anderson for a conditional use permit and site plan review for the property located at 7851 Market Boulevard, Lot 1 Block 1, Market Street Station. The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial use. 3. The legal description ofthe property is: Lot 1, Block 1, Market Street Station. 4. Conditional Use Findings a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The site is part ofthe Market Street Station development, and was conceptually approved in 2003. The plan complies with Chanhassen City Code and will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: The proposed use is consistent with the City's Comprehensive Plan and complies with Chanhassen City Code. 1 c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The site meets the zoning district requirements and the design standards ofthe Market Street Station development. The building will be constructed ofthe same building materials and will be architecturally compatible with the development. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The surrounding uses are zoned for commercial use. The site was conceptually approved with the Market Street Station development in 2003. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is currently serviced by municipal services, which are adequate for the proposed development. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The site is currently serviced by adequate municipal services and shall compliment the commercial uses in the area. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The use is consistent with the standards of the Central Business District as well as the Market Street Station development standards and will not be detrimental to the surrounding area. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access to the site and all parking requirements were implemented during construction of Phase I of Market Street Station at which time the overall vehicular circulation was evaluated and approved. 2 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The site is consistent with the design standards for Market Street Station. There is adequate separation provided from the nearest use. J. Will be aesthetically compatible with the area. Finding: The proposed use and architectural design compliments the surrounding architecture and will be compatible with the development and surrounding area. k. Will not depreciate surrounding property values. Finding: The use will not depreciate surrounding property values and shall enhance the economic activity of the area. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The use is consistent with the Central Business District and other zoning requirements. 5. Site Plan Findings: a. The proposed development is consistent with the elements and objectives ofthe City's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; Finding: The site is consistent with the City's development guides and comprehensive plan. The site is part ofthe Market Street Station development approved in 2003. b. The proposed development is consistent with the site plan review requirements; Finding: The site is consistent with the site plan review requirements. c. The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; Finding: Three trees are proposed to be removed along Market Boulevard to improve visibility and are to be replaced on the subject site. The site was rough graded during previous construction within the development. There will be minimal disturbance to the surrounding area. 3 d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; Finding: The site was approved conceptually in 2003 with Phase I of Market Street Station. The design standards and building materials reflect that of the existing building in the development. e. The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; Finding: Market Street Station was approved in 2003, at which time the buildings and parking layout were developed creating a sense of order throughout the development. 2) The amount and location of open space and landscaping; Finding: The site will be landscaped, including the landscaping islands in the parking lot. An outdoor dining and seating area is located to the east of the building 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and Finding: The site was approved conceptually in 2003 with Phase I of Market Street Station. The design standards and building materials reflect that of the existing building in the development. 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms oflocation and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Finding: The site includes sidewalks which connect with existing internal sidewalks, as well as the public sidewalk along Market Boulevard. Traffic circulation was evaluated and approved as part of the overall development plan reVIew. 5) Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light 4 and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: Sanitary sewer and water service stubs to service the site were installed with Phase I of the Market Street Station development. The site is part of Market Street Station and is consistent with all design standards. 6. The planning report, Planning Case #08-02 dated February 19, 2008, prepared by Angie Auseth, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case #08-02 for a conditional use permit and site plan review. ADOPTED by the Chanhassen Planning Commission this 19th day of February, 2008. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 5 Planning Case No. 0 g> - Od- CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHM~HASSl=~,' RECEIVED JAN I 5 2008 DEVELOPMENT REVIEW APPLICATION CH/\NHASSEN PLANNING DEFt PLEASE PRINT Applicant Name and Address: Kraus Anderson LLC 4210 Old Shakopee Road Bloomington. MN 55437 Contact: Jack Appert Phone: 952-881-8166 Fax: 952-881-8114 Email: jappert@karealty.com Owner Name and Address: Kraus Anderson LLC 4210 Old Shakopee Road Bloomington. MN 55437 Contact: Jack Appert Phone: 952-881-8166 Fax: 952-881-8114 Email: jappert@karealty.com NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (V AC) Interim Use Permit (IUP) x Variance (VAR) ~O Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign ~ (City to install and remove) Site Plan Review (SPR)* Soa + 2..-C> ~w for:.filinaFees/Attorney Cost** ~CU~ACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 970.00 x x (~ 9to ,L\-'d- (,0 OVt' ( Pet \'ct jj; 2CO- An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Subdivision* *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a dirlital copy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: Retail13uilding Shell lor Jimmy John's Restaurant Tenant LOCATION: 7851 Market I31vd. LEGAL DESCRIPTION: Lot I. I3Iock I. Market Street Station PID: 25-4460010 TOTAL ACREAGE: 5.26 (Development) NW Corner WETLANDS PRESENT: PRESENT ZONING: C13D YES x NO REQUESTED ZONING: NA PRESENT LAND USE DESIGNATION: Retail/Restaurant REQUESTED LAND USE DESIGNATION: NA REASON FOR REQUEST: NA This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within .15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. IJI1-foi Date Signature 0 Applicant l!/f~//L Signature of Fee Owner f -11 - ~.rtJ' Date SCANNED G:\pLAN\forms\Development Review Application. DOC Rev. 12/05 CITY OF CHANHASSEN RECEIVED RETAIL BUILDING SHELL JAN 2 5 2008 CHANHASSENPLANNINGDEPT FOR JIMMY JOHN'S TENANT E~ltTllo6o.r;eOJt TO -"""'" ""'.L....nPQ..I ,,- o Irt 'XI 40" ~ ,- - --' 'l[7 . NORTH .Q CAMPUS PLAN $ NORTH CHANHASSEN, MINNESOTA ~//////////////// Qs- _u, -'-'1 ~\\; ~~ OWNER/DEVELOPER Kraus Anderson Inc., LLC 4210 West Old Shakopee Rd. Bloomington, Mn. 55437 19521 946-9367 952 661-6114 FAX Contact: Jack Appert j a PP ert@karealty.com SHEET INDEX ARCHITECT AO.O COVER SHEET WITH SITE PLAN, CAMPUS PLAN AND VICINITY PLAN AI.O FLOOR PLAN A2.0 EXTERIOR ELEV ^ nONS CML co.o SURVEY CI.O GRADiNG, DRAiNAGE, EROSION CONTROL. lJTILITY. GEOMETRIC AND PAVING PLAN C2.0 CIVIL OET An.S CML LI LANDSCAPE PLAN LANDSCAPE (DESIGN BUILD CONTRACT) Lan-De-Con 1952) 474-2260 952) 474-0155 Contact: Chuck Klinefelter ch uck. klinef el ler@lan-de-con.com Q VICINITY PLAN 0.0 $ CML BKBM Engineers 5930 Brooklyn Blvd Minneapolis, MN 55429-2516 17631 643-0420 763 643-0421 FAX Contact: Thomas J. Cesare, P.E. tcesare@bkbm.com NORTH ARCHITECT Pope Associates Inc. 1255 Eoergy Park Dr., Saint Paul, MN 55106 16511 642-9200 651 642-1101 FAX Contact: Steven R. Doughty sdo ugh ty@popearch.com GENERAL CONTRACTOR Kraus Anderson Midwest Conslruction Rendova Street NE P.O. Box 156 Circle Pines, MN 55014 17631 766-7711 763 766-2650 FAX Contact: Pat Sims pat.simsOk-a-c.com STRUCTURAL BKBM Engineers 5930 Brooklyn Blvd Minneapolis, MN 55429-2516 17631 643-0420 763 643-0421 FAX Contact: Thomas J. Downs, P.E. tdowns@bkbm.com POPE ASSOCIATES INe. 1255 ENERGY PARK DRIVE ST. PAUL, MN '5'5108-'5118 PH. 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Zip Ties iIi."M"..'........ ~ .,..,:'-.:~'<..:..,:,.:_.:,: ,._-~ .,~". _ "..II..... _~.,::::~-:-.::._.: f"Il('l<;IOJ\/rr'INTll:J1 n:t-.C[-TYf'E.2 ~ CI TY OF CIIAIIIASSEI S'LT FENCE 5300 @ lil,T'(, ~f.JHANHASSEN - SilT FENCE SEDI~E'T TRAP AS MA\t.;fAC~R:.D 3Y WIVCO,LLC.SI'^KCPE[, \;IN., [55 BROS.,LERETO, t.4f'\. DR 5IWIL.AR ~ MOJELNCG23 2J NOTE' ~:r....:~" "'oof;. ....' 0","" .,,:.......nr ...... '.r.....' ~J1.. ," '''''l~'. ..,," ..........."....,.1_...."'.'........"".010<1.0....'....."""".....1 . CITY OF CB 1-0-4 @ W'ta O~CHANHASSEN - INI fT sml~rNT PROTfCTION POPE ASSOCIATES INC. Ins ENERGY PARK DRIVE Sr. PAUL, MN ''>10,,511& PH.16'll".U.'lOO FAX ("51) '''HIOl r:ar4KRAUS .ANDERSU/'i lJ6IlJlI.all:lIIlCllnolo""Wll . BKB~ :::=::::.:::. ENQJNEER. ~ ;~-=:~__ ~7~-=-~:..~ MARKET STREET STATION RETAIL BUILDING SHELL' FOR JIMMY JOHNS TENANT CHANHASSEN,MN 1_ ....".... 11.._ _..._ .............-....,---...., =.........::=.:..::.:..~;...';t --:'i-w-;; - .J.S=,.(:...J.>Xkf_ ~~.~ C"j ~e. ~;~l CIVIL DETAILS n ,,* 'lo 08170.00 ~'orr'Ilr DGC :r'~h= h T JC SHEET C2.0 ~ PLANT SCHEDULE I kEY ION I """""'''''''''"<AI. ""'" I SOl< I""'~ .""""" t...:...----- ---.... ----- OVERSTQRVIOANAUENTAL TREES AUTUMN BRilLIANCE SERVICEBERRY ... , A&IIELANCHIEA X GRANDIFlORA 'AlffiMN S' OB MUlTl-8TUI BRlU.lANCE SKYlINE HONEYlOCUST T .. ... . GlEOISTIA TRICANTHOS H:RMI$ 'SK'tCOlF recHNY Ol08E ARtlORVITEA TO' lD ,..,..UJA. OCCIOENTAllS ". .. "TeCHNY GlOBE" SPIREA.SNOWIolOlJt..O SMS , SPI~NII'f"Ot<4ICA .. OONT 'SNOWUOlJ'.ID" GRO-lOW' SUMAC "'. " RHUS AROMACTlCA .. CDNT ~ "GRO-lO\l\l" ------ t""'-~ -,---- ---"--- -- ~ -"-----_. " . KARL FOERSTER GRASS " OONT CAlAIrMGROSTIS KARL FOERSTER STELL.A OEORO DAVLI.Y " " HEMEAOCA.l.IS'STElLA " OONT OEORO' "' .. 8lA()( EVE SUSAN " CO'" RuoeEClc:1A GOlOSTRl.J.l =-=::.::==t --- --.- ._~\ --=--.::=- ~ LAND5CAFE NOTE5, l. All PlANTING BEDS TO BE EDGED HITH BLACK DIAMOND CR EaJAL BLAGK VINYL EDGING AND H..lGHED HITH HJL.GH INDICA TED ON TI1E PLAN. 2. LANDSGAPE GONTRAGTOR SHALL BE RESPONSIBLE FOR GGlTAGTING 60PHER STATE ONE. GALL FOR t..t.IDER6ROJND UTllITT' LQG.A liONS PRIOR TO DIGGIN6. 3. PLANT TREES C SI-IRLffi AFTfR FINAL GRADES ME ESo T ABllSHED AND PRIOR TO PLANTlI'<<3 OF lA.>>6, LNLESS OTItRWISE AGGEPTABlE TO GEl'{:RAl WNTRAG.TOR OR OVN:R IF FtANTlNG OF TREES. SHRJ..eS OGGURS N'TER l.AH'\ YORK, PROTEGT ~ AREAS AND F'R.O\"'f:Ifi. '( REPAIR AT 00 (,()Sf TO TH: ~R, DAMAGE TO LAH'O RE9JlTI~ FROM PLANTI~ Cf'ERATIOt-6 4. IF SPECIFIED HATERIAL IS N:?T OBTAIN.A.Blf, OOTIPf GENERAL WNTRAGTOR OR CW'lER. AlON6 HI A OESGRIPTlON OF EaJlVAlENT MATERIAL. 5. IF THERE IS A DISCREPANGY BETHEEH TH: w'JMBER OF PlANTS SHQHN ON THE PlAN AND THE Nlt1BER 5tV~ ON T\-E: PLANT LIST, THE ttlHBER 5tV~ ON THE PLAN SHAlL GOV'ERN. b. LANDSGAPE c..oNTRN:.TOR 5HAU j.-.j"A.,RRANTY' TREES t 5I-Rt.eS FOR A PERIOD OF o.a: '(EAR AFTER DATE OF FINAJ... AG(,EPTANGE AGAINST DEFECTS II'GLlDING DEATH, POOR GROWTH, AND PLlk-1B ORIENTATION. 1. PROVIDE SOIL AHE1'VMENT5 AT ALL WEE . SHRlJB PLANTING fUE5 GQNSISTlI'6 OF EaJAl HIX OF ORGANIG MATERIAL, BlACK DIRT, AND SAND b. ALL MATERIAl. SHAlL BE RATED FOR APPROPRIATE TEMPERA~ ZOI'E AND SHALL wHPLY HITH TI-€ LATEST EDITION OF TIt: AMERICAN STAtVARV fOR I-lRSERY STOCK, AMERIGAN ASSQG.IATION OF N..RSERYHAN. q, AlL lAHN AREAS TO HAVE IRRI6ATlON AND S:JD TO F'R.OPERTY LINES AND/oR TO BACK Of GlJRB5 AlONS RI6HT OF HAYS. 10. SOD SHALL BE GVLTURED KENllJ(...KY 1:~..J.{:6RASS, FREE OF It-EEDS . GLUMP';l. LAND~APt WHTRAGTOR HlLL H.A.TER AT TIME OF INSTALLATION AND ROLL ALL SOD AS NEEDED TO ASSiRE A SMOOTH Mlf 5.lRfAGE. ALL SlQPt3 eREATfR THAN 3:1 SHALL DE STAKED AttT' SliDING Of 50[) 5t-IALL BE REf'LA(..ED BY Tff: LArv:x:.APE WNfRAGTOR II. AlL SOD IS TO BE IRRIGATED. 12. ALL TREES PLANTED SHALL REGEIVE 3' SHREDDED HOOD HJLGH SAJJGER:, HI~H A MINIMJM DEPTH OF 4' AS SHQItfolIN DETAILS. 13. All TREES SHALL BE STAKED IF DEEMED NECESSARY AND rRAPPED AT TI-f: END Of Hoof: 6ROHING SEASON.. 14. LANDSGAf'E BID TO INGLUDE A WHf'lETE LAWN IRRIGATION SYSTEM AS REGJIRED 15. 4 MAPLES AND 4 CRABAPPLES TO BE ADDED TO PLAN (4):4 GALl PER INCHES + 4>:2 G.I. :24 (,.1.) IN REPlAGEl'1ENT Of 21 GAlIPER II-t:.HES LOST FROM 3 GOlDRAOO SPR1X:.-E TO BE REMoveD. lOCATION GF REPlACEMENT TREES TO BE DETERMINED BY ThI' GIl'(. & Indicates 1-112" Dresser Trap Rock Mulch (3" depth over 4 mil. poly weed barrier) ~ Indicates Shredded Hardwood Mulch (4" depth with herbicide) ~iT( OF CHANHASSEr--- 9ECEIVED JAN 2 5 2008 CHANHASSEN PLANN!NG DEP" ~~ ~~~ .0 ~~=~~.~APE Pt:'J~, " $ ~JOR111 POPE ASSOCIATES INC. 1:n'5 ENERGY PARK DRIVE ST. PAUL, MN '5SIOA.5I1A PH, (651) ....:1-9:100 FAX (651) ~J.l101 MARKET STREET STATION I RETAlL~l . BUILDING SHELL I l..____..~______.__.J FOR JIMMY JOHNS TENANT CHANHASSEN, MN I ~I(R^US.ANI)ERSO" ~~=I~.~~"_I'~~'~"~~~ LAN-DE-CON,INC lU"UP( UITIUUII i.....---:OalIIi'....- ""1IiZI41HJII-"""'.' I SITE PLAN I REVIEW 1",~I~R~i;i(lll~__ ((IIIissi\'fl ~ 4'300~7'3' ~- ~ SHt;trl' Ll .EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made as of this "7fh. day of A p r i l 2004, by and between MARKET STREET- STATION; LLC,a Minnesota limited liability compaiiy ("MSS") and CHANHASSEN PROPERTIES, LLC, a Minnesota limited liability company ("CP"). RECITALS A. MSS is the owner of a certain parcel ofland legally described on Exhibit A which is attached hereto and made a part hereof (the "MSS Parcel"); and B. MSS intends to redevelop the MSS Parcel by demolishing the existing structures and constructing a RetaiVOffice building and two (2) free standing restaurant buildings thereon with related parking, driveway and landscaping .improvements (the "MSS Project"); and C: CP is the owner of a certain parcel of land legally described on Exhibit B which is attached hereto and made a part hereof(the "CP ParceY1; and !F.:.(Q) ~~f . . D. CP intends to renovate, and may expand, the movie theat~uiIding currently located on the CP Parcel (the "CP Project"); and E. The MSS Parcel and the CP Parcel (individually, a "J>arcel", or collectively, the "Parcels") are contiguous and adjacent as shown on the Site Plan attached hereto as Exhibit C and made a part hereof (the "Sit~ Plan"). F. . MSS and CP each recognize that for the most favorable development, use, operation and maintenance of the MSS Parcel and the CP Parcel;it is necessary that certain easements be created as provided herein. Such easements shall run with the land and shall benefit and burden the MSS Parcel and/or the CP Parcel, as applicable, and the owners thereof from time to time. The terms MSS and CP shall be deemed to refer to such parties and to the respective heirs, successors, grantees and assigns of such parties (individually, an "Owner", or collectively, the "Owners"). NOW, TIIEREFORE, in consideration 6fthe mutual covenants and agreements hereinafter set forth, MSS arid CP hereby grant, covenant and agree as follows: ARTICLE I NGS-J?1-\.Jb~ -MP,.LS (ML) GRANT OF EASEMENTS Section .1.0 I Access EaSement. MSS hereby grants and conveys to CP a non-exclusive easement appurtenant to the CP Parcel for the benefit of CP, its members, managers, governors, agents, contractors, tenants, employees, mortgagees, customers, invitees, successors and assigns, for ingress and egress by vehicles and pedestrians over and upon that portion of the MSS Parcel described on Exhibit D which is attached hereto and made a part hereof (the "Roadway Access Easement Area"). The -1- Roadway Access Easement Area and any improvements located thereon shall be maintained by MSS in a first-class condition at its sole cost, including all surfacing, cleaning, snow removal and other maintenance. MSS reserves the right to relocate the Roadway Access Easement Area to another location on the MSS Parcel (the "Relocated Roadway Access Easement Area'~) ifnecessary to allow _MSSto _add_additional improvementsto:;-OF alter Of- reconfigure- theimprovements-orr;-rIrelvfSS-P-arcel;----n m provided that, (a) the Relocated Roadway Access Easement Area shall be relocated, surveyed and constructed at the sole cost and expense ofMSS, (b) the Relocated Roadway Access Easement Area shall be relocated and constructed according to applicable requirements of governmental entities having jurisdiction over the MSS Parcel, (c) the Relocated Roadway Access Easement Area,_ (i) shall provide direct, uninterrupted access to the CP Parcel or an existing easement of record benefiting the CP Parcel that provides access to the CP Parcel over land that does not include the MSS Parcel and (ii) shall be located in an area that is reasonably acceptable to CP, and (d) 10SS, at its sole cost and expense, (i) shall execute, together with CP and any other parties whose consent may be required or is reasonab~y necessary, a recordable amendment to this Agreement substituting the Relocated Roadway Access Easement Area for the Roadway Access Easement Area, and (ii) shall obtain and pay for a policy of title insurance insuring the easement rights in favor of the CP Parcel over the Relocated Roadway Access Easement Area according to terms reasonably acceptable to CPo Section 1.02 Parking and Access Easement. MSS hereby grants and conveys to CP a non- exclusive easement appurtenant to the CP Parcel for the benefit of CP, its members, managers, governors, agents; contractors, tenants, employees, mortgagees, customers, invitees, successors and assigns, for ingress and egress by vehicles and pedestrians and for the parking of vehicles over and upon that portion ofthe MSS Parcel described on Exhibit E which is attached hereto and made a part hereof (the "Parking and Access Easement Area"). MSS shall continuously maintain within the Parking and Access Easement Area, and in no event shall the Parking and Access EasementArea contain less than, twenty-five (25) striped parking spaces. In addition, MSS agrees that (i) it shall not grant exclusive - parking rights to any thi:I~'d party over any part of the Parking and Access Easement Area andlor the parking lot lying within Outlot B, Easy Rider Addition, (ii) it shall not post any signs within the MSS Parcel that-prohibit, or may have the effect of prohibiting, parking by customers ofa business located on the CP Parcel, and (iii) it shall not post any signs within Outlot B, Easy Rider Addition, that limits the parking within such area for the benefit ofMSS or any other third party, including but not limited to, any tenant on the MSS Parcel, their customers, employees andlor invitees. Section 1.03 Temporary Construction Easement. In order to facilitate construction of the MSS Project and the CP Project, each Owner hereby grants to the other Owner, its respective contractors, materialmen and laborers, te~porary easements for incidental encroachments upon the granting party's Parcel which may occur as a result of construction by the other party, so long as such , encroachments are kept within the reasonable requirements of construction work expeditiously pursued and so long as customary insurance is maintained protecting the granting party's Parcel from the risks involved. In addition, each Owner hereby grants to the other Owner, its respective contractors, materiahnen and laborers, a temporary license for access, parking, storage and passage Over and across those portions of the grantor's Parcel as - shall be reasonably necessary for the construction of all the site improvements; provided that, such access, storage and passage shall not unreasonably interfere with the business( es) being conducted on the grantor's Parcel. The foregoing rights of construction-related storage and passage shall terminate as to a benefited Parcel at such time as the respective construction work on that Parcel is completed. -2- Exhibit D Roadway Access Easement Area A '40.00 foot easement the centerline of said easement being described as follows: Commencing at the northeast corner of Outlot B, Easy Rider Addition, according to the recorded plat thereo~ Carver County, Minnesota; thence South 0 degrees 08 minutes 32 seconds West, an assumed bearing, along the easterly line of said Outlot B and its southerly extension, a distance of 120.65 feet, to the point of beginning of the centerline to be described; thence South 79 degrees 32 minutes 00 s~conds West, a distance of 1.4.1.34 feet; thence westerly and northwesterly 246.09 feet along a tangential curve concave to the north, having a central angle of36 degrees 05 minutes 55 seconds and a radius of390.59 feet; thence westerly and southwesterly 168.15 feet, more or less, along a reverse curve concave to the south, having a central angle of 41 degrees 53 minutes 20 seconds and a radius of230.00 feet, to the easterly line of Market Boulevard, as dedicated in the plat of Easy Rider Addition, and said centerline there terminating. The side lines of said easement are to be prolonged or shortened to begin and terminate at the easterly line of said Easy Rider Addition and the easterly right-of-way line of Market Boulevard. CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on February 7, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Jimmy John's - Planning Case No. 08-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this 'b~ day of \e b(lVl (~ ' 2008. ~lA;\ -:\.~~ ~ - Notary Pul) . . Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 19, 2007 at 7:00 p.m. This hearing may not start until later in the evenina, dependino on the order of the aoenda. Location: Citv Hall Council Chambers, 7700 Market Blvd. JIMMY JOHN'S: Request for Site Plan Review with variances Proposal: for a 1,650 square-foot one-story restaurant building; and a Conditional Use Permit to allow a free-standing fast-food restaurant in the Central Business District (CBD) Applicant: Kraus Anderson, LLC Property 7851 Market Blvd. (Lot 1, Block 1, Market Street Station) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1 . Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the oroiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/olan/08-02.html. If you wish to talk to someone about this project, please contact Angie Questions & Auseth by em ail at aauseth@cLchanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planninq Commission meetinq. City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a pUblic hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the pUblic to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). · Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethina to be included in the reoort, olease contact the Plannina Staff oerson named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 19, 2007 at 7:00 p.m. This hearing may not start until later in the evenin ,de end in on the order of the a enda. Location: Cit Hall Council Chambers, 7700 Market Blvd. JIMMY JOHN'S: Request for Site Plan Review with variances Proposal: for a 1 ,650 square-foot one-story restaurant building; and a Conditional Use Permit to allow a free-standing fast-food restaurant in the Central Business District CBD A Iicant: Kraus Anderson, LLC Property 7851 Market Blvd. (Lot 1, Block 1, Market Street Station) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the ro'ect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cLchanhassen.mn.us/serv/olan/08-02.html. If you wish to talk to someone about this project, please contact Angie Questions & Auseth by em ail at aauseth@cLchanhassen.mn.us or by Comments: phone at 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday rior to the Plannin Commission meetin . City Review Procedure: . Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. . Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the pUblic to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. . A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethin to be included in the re ort, lease contact the Plannin Staff erson named on the notification. Cta1 ~ew Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compiiation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and ail claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. Om ~ew Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records. information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN, MN 55317-0730 CHANHASSEN RETAIL L TD PRTSHP 810 LILAC DR N SUITE 212 ROBBINSDALE, MN 55422-4673 MARKET SQUARE ASSTS II LLC 470 78TH ST W STE 260 CHANHASSEN, MN 55317-4547 CHANHASSEN LODGING LLC 366 SOUTH 10TH AVE PO BOX 727 WAITE PARK, MN 56387-0727 KRAUS-ANDERSON INC 4210 WEST OLD SHAKOPEE RD BLOOMINGTON, MN 55437-2951 NEARCO IV LLC 7002 6TH ST N OAKDALE, MN 55128-6146 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN, MN 55317-0514 MARKET SQUARE ASSOC L TD PTRSHP 1715 YANKEE DOODLE RD #200 EAGAN, MN 55121-1698 STATE BANK OF CHANHASSEN 1550 AUDUBON RD CHASKA, MN 55318-9508 Public Hearing Notification Area (500 feet) Jimmy John's 7851 Market Boulevard Planning Case 2008-02 Chan View (W 78th 5t) SUBJECT PROPERTY s:- O) ~ CD ~ picha fiSbO{et State \-\w'/ 5