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8. Plat and Site Plan to Replate Frontier Retail Center Ir rC DATE: 8/15/90 g CITY OF C 9090-1 AEN 90-7 Site Plan/ I By: Krauss SU/v B STAFF REPORT 1 ._ PROPOSAL: 1) Site Plan and Preliminary Plat Approval for the Frontier I Center Shopping Center Addition for a 16, 116 Square Foot Addition I �"� 2) Preliminary Plat Approval to Replat the Site QZ LOCATION: South of West 78th Street, east of Country Suites Hotel, West of Existing Frontier Center s�, U 4.. ,. 1 v y:81�. L w' P° p% r APPLICANT: Clayton Johnson i, : I ^Q.. for Bloomberg Companies J 1.� P.O. Box 100 Q . Chanhassen, MN 55317 DM str. t e i^ t,.;e.yak}1 I c."- IS' qJ � Del SLb-1•1,:C L L4. r-4 / I '_ IIPRESENT ZONING: CBD, Central Business District I ACREAGE: Remains to be determined - Approximately 1 acre DENSITY: IIADJACENT ZONING AND Q LAND USE: N - CBD; Retail Square IS - CBD; property owned by Bloomberg Co. d E - CBD; Frontier Center Q W - BG; Country Suites Hotel IWATER AND SEWER: W PHYSICAL CHARACTER. : The site has been intensively developed. The I }— new building will in part replace an existing '■ structure that has since been removed and formally housed Hooked On Classics. 1 2000 LAND USE PLAN: Commercial I . Frontier Retail Center August 15, 1990 Page, 2 PROPOSAL/SUMMARY ' The applicants are requesting approval to construct a new retail addition to the Frontier Center complex. The center will encompass 16,116 gross square feet, of which 11,822 square feet is new construction and 4,294 square feet is reuse of existing space. The ' existing space is currently occupied by the Animal Fair building. The balance of this site was formerly occupied by a building that most recently housed Hooked on Classics. That building was removed ' to facilitate construction of the adjacent Country Hospitality Suites Hotel. In accordance with general concept plans for this complex generated previously, the new retail will be provided with ' a covered pedestrian link to the Country Hospitality Suites Hotel. Ultimately, conceptual plans envision the construction of a skyway from the new shopping center into the existing Frontier Center building which will allow 'weather controlled access from the hotel through the retail complex to the Chanhassen Dinner Theatre. The retail center is designed around a central corridor for pedestrians and will be provided with two entrances. Plans call for the ' construction of a 5, 000 square foot full service restaurant towards the rear of the new addition where it will overlook the courtyard that separates it from the hotel. Building architecture is consistent with adjacent buildings that utilize wood siding with a cedar shake shingle roof that would also be used to screen roof top mounted equipment. ' Staff is supportive of the general concept being proposed. It has long been envisioned that there would be a retail service center connected by weather controlled pedestrian walkways linking the hotel to the dinner theatre. There are obvious benefits to all properties involved including the addition of substantial new pedestrian traffic for retail tenants, provision of restaurant services for the hotel and for the community and more effective utilization of parking facilities through joint parking arrangements. However, staff has a significant reservation with parking adequacy for this proposal and over the applicants ' inability to produce an overall development scheme that effectively ties together future development of all properties in their control, including those oriented to the south of the existing retail strip. At the City's request, Hoisington and Associates undertook a parking analysis of the proposal which was designed to build upon their previous work in this area. A copy of the full report is attached to the staff report, however, the general conclusion is that there is an overall shortfall of spaces in the entire complex and more importantly, there is a short-fall of spaces that is anticipated in the area that will directly serve the ' entire Frontier Center retail development. However, the report goes on to note that a parking short-fall, when it occurs, is not likely to materialize until existing retail tenants are replaced by uses that capitalize on the traffic being drawn into the center and I II Frontier Retail Center August 15, 1990 Page 3 thereby generate higher traffic demand. The Zoning Ordinance allows the City to consider joint parking arrangements such as the one being proposed to satisfy City ordinances. Unfortunately, parking studies of this nature are not an exact science but represent educated guesses as to what will occur based upon studies of similar situations elsewhere. Staff continues to have significant reservations over parking suitability for this addition. We in no way believe that current experience in the shopping center will represent what will occur in the future and 111 are particularly concerned with the additional 5,000 square foot restaurant space since this will generate large parking demands at times the center is going to have the least amount of parking available. However, based upon the recommendations of the City's consultant, staff is recommending acceptance of the parking plan. At the same time we strongly believe that if parking is to work on this site, a series of conditions are required. These conditions include: 1. Permanent cross access and parking easements shall be filed over all properties that comprise of the Frontier Center/Bloomberg/Dinner Theatre/Hotel complex. The easement shall involve the City in the chain of title so that rights cannot be unilaterally eliminated by property owners in the future. 2. A parking area with room for 40 automobiles shall be paved at the rear of the complex in the vicinity of the current location of Hooked on Classics. The owner will be responsible for ensuring that all retail tenants are required to have employees park in this rear parking area to free up stalls in the front. An appropriate requirement shall be placed in all lease agreements. The owner should be held liable for compliance. I 3. No new food establishments shall be considered over and above the current restaurant, anywhere in the Frontier Center complex, the hotel or in the dinner theatre. This condition will be enforced until an acceptable overall development plan described below has been prepared and accepted by the City. 4. At the time the new addition is granted a certificate of occupancy, all rental equipment currently located in parking stalls along West 78th Street be removed. The property owner shall be held responsible for this requirement. 5. The owner will ensure that no snow will be stored in the 111 parking lot. As necessary, snow shall be removed from the affected area. r I . ', Frontier Retail Center August 15, 1990 Page 4 I6. No new additions or modifications to buildings or uses of any of the involved properties will be considered unless they are I part of a coordinated development program that addresses the design, access and parking needs of the entire complex. I 7. No truck delivery parking will be allowed anywhere in the north parking lot of the Frontier Center between 11:30 a.m. and 1:30 p.m. on weekdays. I 8. The driveway running between the north and south parking lots shall be paved. At the present time, this is in very poor condition. IA replat of the property is required to support this proposal. At the present time, a lot line is actually located so that it will I pass through the middle of the restaurant. This is unacceptable to staff from a zoning ordinance standpoint and also is unacceptable to our Building Inspectors. The applicant has been informed of this on several occasions but has failed to submit a subdivision I request. Staff, however, has taken the opportunity to publish the replat, therefore, we are recommending that preliminary plat - approval be granted to relocate property lines become consistent II with the redevelopment proposal and provided a condition that says that no building permit shall be issued until final plat has been approved and the plat filed with all the required easements with the County. IBACKGROUND II As the Planning Commission is aware, development on this and adjoining properties has been an ongoing process since the advent of the Dinner Theatre. There have been numerous redevelopment I proposals and actual development projects that have involved developers, the City of Chanhassen and the Chanhassen Housing and Redevelopment Authority. The most recent development has been the construction of the Country Hospitality Suites Hotel which is due I to open this month. The Frontier Center addition is consistent with an overall plan designed to anchor retail with the hotel on the west end and the Dinner Theatre on the east. IIGENERAL SITE PLAN/ARCHITECTURAL DESIGN II Given the highly developed nature of this site and the desire to construct a pedestrian linkage between adjacent buildings, there is not a tremendous amount of design flexibility available on this site. The building is oriented towards West 78th Street and will I be served by access points and parking lots that are used in common with the hotel on the west and the existing complex on the east. Interior retail spaces will generally be oriented towards the IIbuilding exterior along the parking lot while the restaurant space I • II Frontier Retail Center I August 15, 1990 Page 5 will be located off an internal corridor with views out over a landscaped courtyard that separates it from the adjacent hotel. Staff can offer little in the way of design improvements to the site plan; however, we do have reservations with it. Our primary concerns are that this and adjoining buildings are oriented to the north towards a parking area that is simply too small to accommodate all of the demand. The second is that the applicant has yet come to grips with the need to reorient the site to the south so that development can occur in the future and that long term parking situations can be adequately resolved. As an example we note that the current proposal will leave a driveway from the north parking lot the south intact, however, this driveway is not sufficiently wide or attractive enough to induce customers to park . on the lower level. Internally the way in which the development is being laid out makes future connection to the south all the more difficult. We believe that to address these matters in a significant and effective way, will require a major rethinking of the site layout and could involve the removal of all or a portion of the existing Frontier Building or other structure to open up access between the north and the south. In addition, there will have to be an active design effort aimed at facilitating the passage of people between the different elevations that occur from 11 the north to the south. How this will be done internally and or externally remains an open question at this time. Architecturally, the building is consistent with the architectural 1 styles that have been employed on the existing Frontier Center complex/Dinner Theatre and with the new hotel. The exterior incorporates 8 inch cedar lap siding that will be painted. No color has been indicated for the building, however, staff believes that it should be painted in earth tones similar to either the existing Frontier Building or to the hotel and is accordingly provided as a condition. Two entrances are provided, one being the existing Animal Fair entrance and the other being a more prominent canopy covered entrance oriented to the new parking lot. The roof line incorporates the built up mansard roof sections that have become common in the community and are effective in screening roof top mounted HVAC equipment. Hand split cedar shakes will be utilized as the roofing material. Face brick employed on the existing Animal Fair building will be carried under the windows of the new addition. Plans seem to indicate that the face brick will end at the new entrance to the building. Staff is recommending that this feature be carried along to the west up to the pedestrian corridor to the hotel to promote uniformity and design. Detailed information is not provided on truck access or trash ' storage. Based upon the design of the center, it appears as though trucks could use a loading dock and exterior trash storage located on the east side of the building off the driveway between the north 1 II Frontier Retail Center August 15, 1990 Page 6 and south parking lots. Staff believes that this may work in the short run but in the long run this conflicts with the need to open up access from the north to the south. We believe that internal trash storage will likely be a requirement in the future and would advocate that provisions be made. In the meantime, the exterior ' trash storage area should be provided with a masonry enclosure comprised of materials compatible with the building exterior. At the present time the dumpster is sitting outside without any screening and we seriously doubt that a single trash dumpster will ' be sufficient to accommodate the trash disposal needs of a retail addition and more importantly a restaurant. Details of the trash enclosure should be provided for staff approval. PARKING/INTERNAL CIRCULATION Assessing parking demand and availability for this site is an extremely difficult exercise. It is made complicated by the fact that the most intensely used parking area, which will be shared by the new retail addition, is also the smallest and least able to supply additional stalls. We also note that there are multiple ownership situations due to previous subdivision activity. The complex that is bordered by West 78th Street, Market Boulevard, ' Hwy. 101 and the railroad tracks. When the parking situation is reviewed, we find that many of the stalls are located no where near the primary parking demand in front of the Frontier Building. Additional complexity is added by the fact that the ordinance establishes parking requirements based on specific square footages which this proposal in no way complies with. However, it encourages joint use parking plans to be considered as appropriate ' and if acceptable these can be utilized without variances being required. The last complication has to do with peaking hours since the dinner theatre, bowling alley, hotel and new restaurant uses will have evening peak hours, while the retail and restaurant will have daytime peak hours. There is also a concern that over time retail hours will be extended into the evening to take advantage of theatre and hotel traffic. Given the complexity of this issue, the ' Hoisington Group was retained to perform a parking analysis. Fred Hoisington is uniquely qualified to undertake this study since his organization has performed similar analysis in the past in the same ' development. Based strictly on zoning ordinance requirements, the 11,116 square feet of retail plus 5,000 square feet of restaurant being proposed on this site generates a requirement of 156 parking stalls. There will only be 43 new stalls on site constructed according to this plan. Thus, for parking to be accommodated, it is required that a joint parking program with adjoining properties be required. Hoisington's analysis attempts to gain an understanding of how joint parking on this site may work. •The report is printed in full and accompanies this staff report. A summary of the conclusions Frontier Retail Center f August 15, 1990 Page 7 includes that a total of 957 spaces will be available with the total requirement at peak use of 945 stalls. However, this is misleading since the stalls are not located in the areas where they have any utility for the new Frontier Center. More importantly, parking demands for the old Frontier development plus the new Frontier Center will peak during the noon hour and the 4:00 p.m. to 6:00 p.m. periods when approximately 150 parking stalls will be required with a total of 143 being available. Weekday noon-time peaks are also likely to become a concern due to restaurant use as retail traffic increases. It is thought that the dinner theatre will not compete significantly for parking during these periods. The report concludes that the parking situation is not ideal although in the short run it may work. As time goes on and retail tenants are replaced by more active uses, there will clearly be a parking short-fall. Until that occurs, parking demand will exceed supply infrequently. Staff is not entirely comfortable with the conclusions of the report. We believe that parking short-falls in this area could have serious on site and off site repercussion. On site traffic movements could become difficult if not hazardous, resulting in diminished satisfaction with shopping in the Chanhassen Central Business District, traffic safety hazards and potentially fire safety or emergency vehicle access problems. Off-site problems could result with traffic stacking on public streets and spilling over into other parking lots in the area that are already being utilized by their property owner. However, in light of the recommendations of the consultant's report, staff is willing to recommend approval of this project but only in accordance with a series of well defined and directed conditions that will be used to address the problem and to mitigate it's effects. These include the following: 1. Permanent cross access and parking easements shall be filed 1 over all properties that comprise of the Frontier Center/Bloomberg/Dinner Theatre/Hotel complex. The easement shall involve the City in the chain of title so that rights ' cannot be unilaterally eliminated by property owners in the future. 2. The parking area with room for 40 automobiles shall be paved ' at the rear of the complex in the vicinity of the current location of Hooked on Classics. The owner will be responsible for ensuring that all retail tenants are required to have employees park in this rear parking area to free up stalls in the front. An appropriate requirement shall be placed in all lease agreements. The owner should be held liable for compliance. 1 II Frontier Retail Center August 15, 1990 Page 8 3. No new food establishments shall be considered over and above the current restaurant, anywhere in the Frontier Center complex, the hotel and dinner theatre. This condition wil be ' enforced until an overall development plan described beiwo has been prepared and accepted by the City. ' 4. At the time the new addition is granted a certificate of occupancy, all rental equipment currently located in parking stalls along West 78th Street shall be removed. The property owner shall be held responsible for this requirement. ' 5. The owner will ensure that no snow will be stored in the parking lot. As necessary, snow shall be removed from the ' effected area. 6. No new additions or modifications to buildings or uses of any ' of the involved properties will be considered unless they are part of a coordinated development program that addresses the design, access and parking needs of the entire complex. ' 7. No truck delivery parking will be allowed anywhere in the north parking lot of the Frontier Center between 11: 30 a.m. and 1:30 p.m. on weekdays. 8. The driveway running between the north and south parking lots shall be paved. At the present time, this is in very poor condition. Internal circulation and access to the Center is satisfactory so long as movements are not affected by the aforementioned parking problems. Staff has also devoted some discussion to the long term needs and short term requirements for improving access between the north and south parking lots. The parking lot layout is consistent with new parking lots serving the existing Frontier Building and with the Country Suites Hotel that border the site. There is an unusual and potentially dangerous design of parking stalls located immediately in front of the existing Animal Fair building. The proposal calls for parking around the radius of a curve. We believe that this has the potential for creating traffic movement conflicts since cars will be backing out at unusual angles into 3 oncoming streams of traffic. We are recommending that the radius be eliminated and that parking be provided in a continuous band parallel to existing aisles in the parking lot. Revised detail of this area as suggested by staff is provided. We are also are proposing the concrete sidewalk be carried to the eastern property line so that it will facilitate pedestrian cross traffic throughout the Center. Staff's proposal results in the creation of one additional parking stall. II Frontier Retail Center f August 15, 1990 Page 9 LANDSCAPING The landscaping plan is unusually modest and represents little in the way of new plant material. There is very limited room for landscaping on this site and extensive landscaping has already been provided along the street right-of-way and surrounding the hotel. Existing plant material in front of the existing Animal Fair building will also be preserved. Staff wishes there was some effective way to get additional landscaping installed but there simply is not. DRAINAGE AND UTILITIES There are few issues pertaining to drainage and utilities since the ' site has already been intensively developed and is already serviced. The Engineering Department is recommending that a separately metered, privately owned and maintained water service shall be installed and connected to the existing 8 inch watermain under the proposed parking lot. A detail of this improvement has been provided in a report from the Assistant City Engineer. They are also recommending that the proposed building disconnect and remain permanently disconnected from the existing water service extending from the building to the east. No revisions are proposed or requested to drainage or sanitary sewer improvements. FIRE AND BUILDING CODE REQUIREMENTS The City Fire Marshal has recommended 3 conditions for approval as follows: 1. Install "No Parking and Fire Lane" signs as per Fire Department requirements. 2. Indicate the location of Fire Department sprinkler connection for approval. 3. Radius cuts in the parking areas must be approved by the City ' Engineering Department to ensure unrestricted access of fire vehicles. The building will be fully sprinklered and will meet all current fire codes. The City Building Official has provided an attached memorandum outlining requirements for final plans. SIGNAGE/LIGHTING Staff has requested the applicant's architect provide some detail ' of proposed signage which is illustrated only on the transparency reductions accompanying this report. Apparently, they wish to retain the existing pylon sign located on West 78th Street and I Frontier Retail Center August 15, 1990 Page 10 ' supplement this with 9 mansard mounted tenant signs and 1 shopping center identification sign located over the main building entrance. ' It is indicated that the signage will be approximately 24 feet high with "particular design to be determined per tenant". Staff finds this signage proposal to be unacceptable and inconsistent with the retail complex being proposed. We note that the number of signs appears to be excessive since there are 9 mansard signs for what is apparently only 5 tenant spaces and that there is really no detail provided as to total sign area or acceptable sign style. The ' ordinance allows one wall business sign per street frontage for each business occupant within a building with total wall mounted signage not to exceed 15% of the total wall area. The ordinance further requires that under Section 20-1267 that multi tenant and ' commercial and industrial buildings shall have uniform signage. Staff is recommending that a set of sign covenants acceptable to the City be developed. These covenants should provide for unified ' signage such that all tenants, for example would use mansard mounted back-lit letters of similar size and that sign areas appropriate to the tenant be established. Staff would also prefer ' that the existing pylon sign which is inappropriately located and poorly designed be replaced. However, we are willing to accept it so long as the reader board aspect of it is eliminated. The pylon sign should be used solely to advertise the Frontier Center itself and one or two major tenants. A revised sign package should be prepared for Planning Commission approval. SITE LIGHTING No details have been provided on site lighting. It is assumed that existing parking lot lighting will generally suffice. Plans for any new lighting should be submitted for staff for approval. All lighting sources must be fully screened. ' PLATTING The current proposal will result in the building being bisected by an existing property line. The line will actually cross through the area designated for the restaurant. Staff has indicated on several occasions that this is unacceptable based on zoning code and building code requirements and has requested a preliminary plat ' for the area be prepared. To date, the applicant has not provided this platting information, however, staff has taken the liberty of advertising the subdivision. Since we believe that this is a rather simple request that will result in the relocation of the property line in a manner consistent with the exterior building wall, we are recommending that preliminary plat be approved but 1 that no building permits be issued until final plat has been approved by the City Council and the plat and all required easements have been filed. The easements in question refer to . cross parking and access easements that will be filed against this 1 Frontier Retail Center August 15, 1990 Page 11 parcel and all other parcels in the Frontier Center/Dinner Theatre/hotel complex that front on West 78th Street. 1 COMPLIANCE WITH THE ORDINANCE - CBD District Ordinance Proposed Minimum Lot Area 10,000 s. f. Appr. 40,000 s.f 1 Minimum Lot Frontage 100' 160' Minimum Lot Depth 100' 250' 1 Maximum Lot Coverage No requirement 90+% Minimum Setbacks 0 N-125 ' E-3 ' 1 S-21'* W-16 ' Maximum Height No requirement 25' 1 Parking Required 156 stalls 43 stalls ** * Negative 21' setback is not allowed by ordinance and will be rectified by replatting. i ** Significant parking short fall is accommodated by 2 joint parking program as allowed by ordinance. II Variances Required - None assuming acceptable resolution of above mentioned items. 1 STAFF RECOMMENDATION Staff recommends that Site Plan Review #90-7 and Preliminary Plat 1 #90-14 be approved subject to the following conditions: 1. Revise architectural plans to carry face brick below the window line to the west end of the building. Demonstrate to staff that adequate trash storage facilities are being provided in an acceptable location. Exterior trash storage facilities shall be screened by a masonry wall designed to be compatible with the new construction. 1 1 I Frontier Retail Center August 15, 1990 Page 12 I2. Parking requirements: - Permanent cross access and parking easements shall be filed over all properties that comprise of the Frontier Center/Bloomberg/Dinner Theatre/Hotel complex. The easement shall involve the City in the chain of title so I that rights cannot be unilaterally eliminated by property owners in the future. I - The parking area with room for 40 automobiles shall be paved at the rear of the complex in the vicinity of the current location of Hooked on Classics. The owner will I 4 be responsible for ensuring that all retail tenants are required to have employees park in this rear parking area to free up stalls in the front. An appropriate requirement shall be placed in all lease agreements. The Iowner should be held liable for compliance. - No new food establishments shall be considered over and I above the current restaurant, anywhere in the Frontier Center complex, the hotel and dinner theatre. This condition will be enforced until an overall development plan described below has been prepared and accepted by Ithe City. - At the time the new addition is granted a certificate of I occupancy, all rental equipment currently located in -- ;.;, parking stalls along West 78th Street shall be removed. The property owner shall be held responsible for this II requirement. - The owner will ensure that no snow will be stored in the parking lot. As necessary, snow shall be removed from Ithe effected area. - No new additions or modifications to buildings or uses of I any of the involved properties will be considered unless they are part of a coordinated development program that addresses the design, access and parking needs of the entire complex. I - No truck delivery parking will be allowed anywhere in the north parking lot of the Frontier Center between 11:30 IIa.m. and 1:30 p.m. on weekdays. - The driveway running between the north and south parking I lots shall be paved. At the present time, this is in very poor condition. I I II Frontier Retail Center 11 August 15, 1990 Page 13 . 3. Revise parking plans in accordance with staff's recommendations and work with the City Fire Marshal to ensure that adequate turn radii are provided. ' 4. Revise utility plans as follows: A separately metered, privately owned and maintained ' water service shall be installed and connected to the existing 8 inch watermain under the proposed parking lot (see attachment) . The proposed building facility shall disconnect and remain permanently disconnected from the existing water service extending from the building to the east. , 5. Provide final site and building plan as consistent with the recommendations of the City Fire Marshal and Building Official. 6. Provide a revised sign plan for Planning Commission approval. 7. Provide details of any proposed exterior lighting for staff approval. 8. Prior to issuance of any building permits, the site must be given final plat approval and the plat filed with all required easements. " PLANNING COMMISSION UPDATE The Planning Commission discussed this item at their August 15th meeting. In keeping with the staff report, the discussion at the meeting was lengthy and focused on the parking issues. The Planning Commission ultimately voted to recommend approval with most of the conditions recommended by staff, although there were several modifications and deletions. Since the meeting several actions have taken place which serve to further modify the conditions. For example, we note that the driveway between the upper and lower parking lot is currently in the process of being repaved as part of the City improvement project. Therefore, condition #2h in the Planning Commission minutes can be deleted. ' A few days after the Planning Commission meeting, staff contacted Clayton Johnson requesting copies of cross parking and access 11• easements he claims to have in his possession so that we may have them reviewed by the City Attorney. Mr. Johnson indicated that he would supply them to us but to date, we have not seen them. Therefore, we are recommending that Condition #2a remain as drafted. Condition #2a requires that the developer present the City with verifiable and acceptable easements to allow cross parking on adjacent properties since this is a requirement if this ' Frontier Retail Center August 15, 1990 Page 14 shopping center is to function adequately as there is no where near enough parking to meet the demands generated on site. ' In the staff report, staff indicated that a replat of the property was required to meet zoning ordinances and building code. This is a condition that we have informed the applicant of since the start of negotiations of this project but have yet to receive any ' , cooperation in this matter. At the Planning Commission meeting, , the applicant's attorney indicated that they are willing to undertake a metes and bounds division which staff agreed we would 1 run past the City Attorney to see if this was in fact acceptable. To date, no such metes and bounds division has been submitted and Condition #8 is designed to accommodate this need. Staff remains concerned with two of the conditions that have been deleted by the Planning Commission. The first pertains to the parking of rental equipment in the parking lot. Staff had recommended that at the time the new shopping center addition is granted a certificate of occupancy, all rental equipment currently located in the parking stalls along West 78th Street be removed. ' Staff notes that this material is placed in the parking lot in violation of current ordinances but since it has traditionally been there, staff has not yet taken any action. We further note that as of September 6 at least two vehicles with "for sale" signs are also located in the lot in violation of ordinances. We strongly believe that these spaces will be required to satisfy parking demand of the ' shopping center and therefore, recommended that this action be taken. In corroborating our concerns, we note that on Tuesday, August 21st, during a visit to the Frontier Center at noon, that entire Dinner Theatre parking lot was full as was the entire Frontier Center parking lot. Approximately 10 to 15 cars parked in the newer parking lot towards the hotel, simply because there was no room to accommodate them. Tuesday is not a traditionally busy I day since the matinees are at the Dinner Theatre on Wednesdays. We note that this parking shortfall occurred before the new shopping center addition, with it's high demand restaurant, was open. The Planning Commission believed that staff should take action to remove the rental equipment based on current ordinances and that this should be done independent of this site plan approval. Staff is not unwilling to do this, however, we view this situation as ' relatively short term since the hardware store is intended to ' relocate into Market Square. We are recommending that this condition be reinstated and that it be an obligation of the ' developer to enforce. The second condition that was deleted by the Planning Commission pertained to a staff proposal that parking for up to 40 automobiles be paved at the rear of the complex at the vicinity of the current location of Hooked on Classics. Staff believed that this was important since it is recommended and agreed to by the applicant I Frontier Retail Center August 15, 1990 Page 15 ' that employees be asked to park at the rear of the building, however, there is no suitable place for them to park. The Planning Commission deleted this condition, I believe in large part, due to the developer's assertions that employee parking would be available on the south side of the hotel adjacent to the bowling alley entrance. Staff has had an opportunity to further investigate this and we note the following: 1. The applicant has not indicated that they have any legal right to use these parking spaces. 2 . These parking spaces are in high demand use by the bowling alley are the first to be occupied since they are located adjacent to the entrance of that facility. 3. Access to the shopping center addition is fairly convoluted since it requires entering the new Country Hospitality Suites through a back door which may be locked in the evening or by going around the building on a sidewalk that would run in between the hotel and the new shopping center. Staff finds this situation to be less than optimal. Therefore, we are recommending that either the separate employee parking requirement be reinstated or the applicant verify that they have the right to use parking stalls in the bowling alley parking lot and that in any case that employees of operations leasing space in the shopping center would be required to park in these areas as a condition of the lease. Staff is not certain as to whether 40 stalls is sufficient or is overkill. It was an estimate based upon a projection of how many employees might be working in the shopping center. We would be willing to accept a lower number if one is verified by the developer. ' STAFF RECOMMENDATION FOR CITY COUNCIL Staff recommends that Site Plan Review #90-7 and Preliminary Plat #90-14 be approved subject to the following conditions: 1. Revise architectural plans to carry face brick below the window line to the west end of the building. Demonstrate to staff that adequate trash storage facilities are being provided in an acceptable location. Exterior trash storage facilities shall be screened by a masonry wall designed to be compatible with the new construction. 2. Parking requirements: ' a. Permanent cross access and parking easements shall be filed over all properties that comprise of the Frontier ' I I • Frontier Retail Center August 15, 1990 Page 16 ' Center/Bloomberg/Dinner Theatre/Hotel complex. The easement shall involve the City in the chain of title so that rights cannot be unilaterally eliminated by property owners in the future. 1 * b. The parking area with room for 40 automobiles shall be paved at the rear of the complex in the vicinity of the current location of Hooked on Classics. The owner will be responsible for ensuring that all retail tenants are 1 required to have employees park in this rear parking area to free up stalls in the front. An appropriate requirement shall be placed in all lease agreements. The ' owner should be held liable for compliance. A paved parking area with adequate room to provide parking for employees of the shopping center shall be provided at the 1 rear of the complex in the vicinity of Hooked on Classics or provided to the satisfaction of staff to the south of the Country Hospitality Suites Hotel. The owner will be responsible for ensuring that all .retail tenants are ' required to have their employees park in this rear parking area to free up stalls in the front: An appropriate requirement shall be placed in all lease agreements. The owner. should be held liable for compliance. * c. No new food establishments shall be considered over and 1 above the current restaurant, anywhere in the Frontier Center complex, the hotel and dinner theatre. This condition will be enforced until an overall development ' plan described below has been prepared and accepted by the City. At the time the new addition is granted a certificate of occupancy, all rental equipment currently 1 located in parking stalls along West 78th Street shall be removed. The property owner shall be held responsible for this requirement. * d. At the time the new addition is granted a certificate of occupancy, all rental equipment currently located in parking stalls along West 78th Street shall be removed. 1 The property owner shall be held responsible for this requirement. e. The owner will ensure that no snow will be stored in the parking lot. As necessary, snow shall be removed from the affected area. f. No new additions or modifications to buildings or uses of any of the involved properties will be considered unless they are part of a coordinated development program that i 1 • Frontier Retail Center I August 15, 1990 Page 17 addresses the design, access and parking needs of the entire complex. g. No truck delivery parking will be allowed anywhere in the north parking lot of the Frontier Center between 11:30 a.m. and 1:30 p.m. on weekdays. lots shall be pavcd. At the prc3cnt time, this is in very poor condition. *3. Revise parking plans in accordance with staff's recommendations. and work with the City Firc Marshal to cn3urc that adcquate turn radii arc provided. 4. Revise utility plans as follows: a. A separately metered, privately owned and maintained water service shall be installed and connected to the existing 8 inch watermain under the proposed parking lot (see attachment) . The proposed building facility shall disconnect and remain permanently disconnected from the existing water service extending from the building to the east. 5. Provide final site and building plan as consistent with the recommendations of the -City Fire Marshal and Building Official. 6. Provide a revised sign plan for Planning Commission approval. ' 7. Provide details of any proposed exterior lighting for staff approval. 8. Prior to issuance of any building permits, the site must be given final plat approval and the plat filed with all required easements unless city staff and the City Council determine that metes and bounds subdivision is acceptable." BOLD FACE DIFFERENT FROM PLANNING COMMISSION RECOMMENDATION ' * PLANNING COMMISSION RECOMMENDATIONS AS MODIFIED,BY PLANNING STAFF ATTACHMENTS I 1. Letter from Bloomberg Companies. 2. Parking analysis. 3. Memo from Fire Marshal dated July 11, 1990. 4. Memo from Assistant City Engineer dated July 24, 1990. 5. Memo from Building Official dated August 9, 1990. 6 . Reduced copies of plans . 7 . Planning Commission minutes dated August 15 , 1990 . 1 II Planning Commission Meeting August 15 , 1990 - Page 49 INTERIM USE PERMIT FOR A GRADING PROJECT TO FILL 100,000 CUBIC YARDS OF MATERIAL TO SUPPORT AN EARTH DAM LOCATED AT 1000 GREAT PLAINS BOULEVARD, DON HALLA. IIThis item was withdrawn by the applicant . PUBLIC HEARING: I PRELIMINARY PLAT AND SITE PLAN REVIEW TO REPLAT 2 LOTS INTO ONE AND FOR A RETAIL MALL BUILDING OF 11 ,822 SQUARE FEET ON PROPERTY ZONED CBD AND LOCATED ON LOT 2, BLOCK 1, BLOOMBERG ADDITION, FRONTIER RETAIL CENTER, BLOOMBERG COMPANIES . ' Public Present : ' _._Name Address Kevin P . McShane 180 South Shore Court I John D . Rice 505 No . Hwy . 169 Herb Bloomberg 7008 Dakota Clayton Johnson Bloomberg Companies Brad Johnson Lotus Realty Fred Hoisington Consultant I Paul Krauss presented the staff report . Chairman Conrad called the public hearing to order . ' Fred Hoisington : Don , it is I believe . Conrad: You can call me Don or anything you want to Fred . I Fred Hoisington: At least you didn 't leave tonight like you did the last time I was here . I Conrad: Well I was going to make the comment , it 's after 10:30 . It must be time for Fred . Fred Hoisington: That 's about right . I think it 's always 10:30 or after . II Let me just say that we would very much liked to have had an overall plan before we were to render an opinion on how the parking would work here . We 're confident however that a plan can be developed that will in fact work 11 but what it 's going to require is that we not face everything onto West 78th Street and that we have to begin to internalize that block . The difficulty right now though , as most of you know , is that the parameters ' are very well established for this project . You can't change it . I mean you can cut little pieces of it off and reduce it 's size and so forth but this is the kind of thing that as long as I 've been involved here we wanted to see happen here . A restaurant , shops and those kinds of things so it 's important we think that it occur and I guess the bottom line is that you have time to work out or have them work out a plan over time that will in fact work . We 're confident that that can happen . Now , if a number of I things happen simultaneously on this site , or in this area , there is a real potential for a parking problem . That can happen anyplace in downtown Chanhassen but here I think maybe the risks are ever a little higher . The II . Planning Commission Meeting August 15 , 1990 - Page 50 1 Dinner Theatre is only operating at about 900 seat capacity today but there 's more capacity in the Dinner Theatre than that . Now there are some ' divisions here that would suggest that we perhaps ought not consider the Dinner Theatre but we can 't avoid that because if it is full , and the potential exists for that to happen in November and December , then it will use literally all of the parking that's in front of the old Frontier Cente which means that the 43 parking spaces that are available to this development alone can 't begin to satisfy it 's own parking demands . Now , i the short term , and the short term could really be a lot longer than I can visualize at this point . The centerpiece or the old Frontier Center over to the furniture store doesn't operate during that peak 6:00 to 9:00 period . Only the hardware and the rental store do and they close at 7 : 30 . 1 The others close at 6:00 . What that means is that even if the Dinner Theatre is operating at something approaching capacity , and the new Frontier Center is operating at something approaching capacity , you 're probably in pretty good shape for quite a long period into the future . Nov what we hope will happen here is that this center will be so successful that it will bring a lot more people into this area than we can ever imagine and when we were out there counting cars for the Dinner Theatre , Ill think it was 2 weeks ago , it was depressing because there were no cars there at all . But what you see today is not what you 're going to see in the future and if this has any chance of being successful , which I think it� has , I think we 're going to see some things next door that will also be successful and the synergy of this whole thing will or does have the potential to create a parking problem but I don 't think you 're risking I anything in the short term in that case . Regarding the report itself , I guess if you 'd like to ask questions about any of the specifics there , I 'd be happy to answer them but I 'm not sure unless you want me to , to go into I all those percentages and so forth in detail . Conrad: I 'm just curious Fred , what the parking solution is . Fred Hoisington: Well Ladd , the parking solution is one that is an evolving one . It 's not one where you can necessarily solve it all right now because this whole piece is going to remain as it is . It 's not going J1 to change . Paul and I have been exploring or thinking about all the thing that could happen here and we 've been looking at this whole center area for a long time and trying to figure out ways to make that work . Short of tearing down this building and then internalizing things so that you in fact have parking on the back side . You have plenty of room for parking out here . The only problem is you have a grade change here and somehow yo have to be able to step down that hill so that you can make this parking work for that center and we think it can be designed to do that but the immediacy of doing that isn 't here because there isn't development yet for this center . And it functions at less than what we would expect it to generate in the way of parking because it's not a real strong but the solution Ladd will come . . .and the short term , I don't think you 'll have a problem . The short term is until something begins to happen here . Conrad: Until they move out. Fred Hoisington: Well , first of all the rental folks here are going to moll out and that 's going to leave a rather peculiar space here that has to be used for something but no . Until something changes here in the interim use . II Planning Commission Meeting August 15 , 1990 - Page 51 Erhart: In a different structure? Fred Hoisington: Possibly a different structure . I don 't think that structure 's going to lend itself particularly a high generator of traffic . I just don 't see it . For example ; that rental store , you 've got 6 ,000 square feet of what they term retail . It has 3 ,400. square feet I think of storage and yet just the dimensions and the way it works , I don 't know that ' the whole 6 ,000 can be occupied for a retail use . It just doesn 't lend itself to that so I think Tim you 're right . When the building changes , then I think we have some real serious problems . ' Erhart: Or opportunities . Fred Hoisington : Or opportunities , exactly . ' Erhart : The real problem today is that there 's no convenient , there 's no way to get from the rear parking lot to the front where the retail is ' without walking around some things . There 's no thru way to walk in . Fred Hoisington : We 've thought about escalators , elevators , all those things back here to get people easily out of the corner of this building ' and down into the back side but you know we can talk that all we want to . We still have some space that needs to be used for something other than warehouses , what this can be used for now , and this use we 're treating this is as a warehouse . The Hooked on Classics portion of it because it really isn 't a big generator except when they have shows . When they have shows of course they don 't conduct them there , they conduct them someplace else . ' Conrad: Okay , thanks Fred . Clayton , do you want to talk to us? Clayton Johnson: Clayton Johnson representing the Bloomberg Companies . ' I 've got a couple other gentlemen with me here tonight . I 've got John Rice , our legal counsel and Herb Bloomberg our President and owner and I 'd like to invite them to participate with me in this and maybe if you want to ' speak up a little bit , Herb might have a hard time hearing you . While you guys were dealing with all these other weighty issues , we walked over to the hotel tonight and we 're ready to open tomorrow night . We 've got two floors ready to occupy and Friday and Saturday night we 're going to be sold out . So that 's kind of a fun problem and it 's kind of exciting to go over there and be a part of that . I thought that maybe a better use of our time would be to adjourn and go over there because if you went over there you 'd ' understand a lot better a lot of the things that we 're going to talk about tonight . Paul , you fooled me . I 'd never know that you recommended approval of this thing by reading your report . The conclusions , the facts underlying the recommendations don't lead me to believe that you support it . I want to first of all deal with the parking issue . Parking is a concern that 's been expressed by Paul and by Fred and obviously as owners of this property we 're concerned about it . We certainly wouldn 't want .to build a building that we couldn't rent to anybody because there wasn 't a place to park . I do disagree though with some of the conclusions . Fred's report basically to me supports the program and supports the project . I I don 't know where Paul drew the conclusion that parking was a problem from Fred's report . When I read Fred 's report and he says it isn't a problem . The long term concerns , somebody made the comment tonight that when II Planning Commission Meeting August 15 , 1990 - Page 52 1 hardware vacates we 're going to have a more intense use there . I don't agree with that . The hardware is a very intense use . I don 't believe you 're going to find tenants that will generate more visits than Kent does in that location . It happens that that building is not 6 ,000 feet of retail facing the front , it 's 4 ,000. It 's approximately 5-20 foot bays 60 ' feet deep . The way we look at this project is as follows . We think that over the years there 's been all this discussion about how we 're going to connect the hotel to the Dinner Theatre and how we 're going to have people ' going back and supporting that retail . That 's a lovely thought but it 's not a fact . We have not been successful with retail that lives off of the theatre trade . What you have from the hotel to the furniture store is a convenience center that is a mirror image of what you have on the other side of the street in Retail West . And I did an analysis of that and the parking stalls in that area are 164 . You have 153 on Retail West right across the street . Now the comparisons are as follows . We will have , whell this new building is completed, we will have 18,000 square feet of retail . We will have 6 ,000 square feet of restaurant . We 'll have the new 5 ,000 square foot restaurant and Paul 's Deli of 1 ,000 . We will have 5 ,000 squaril • feet of office which Retail West does not have and we 'll have 164 parking II stalls to serve that area . So I mean parking is a concern of us before we would ever . The other thing is this whole thing got started on the wrong I foot . I mean we see this as the final piece in a big puzzle that we 've been working on for 4 1/2 years which is called the redevelopment of downtown Chanhassen . Sure we 're involved in working on the new retail shopping center but that 's out in a raw piece of ground . That 's not redevelopment . This is the final piece in the redevelopment puzzle . When !! we agreed to have our building demolished and we demolished 30 ,000 feet by the way of building to make way for the hotel , we didn 't ever consider tha it would be a problem to rebuild 12 . We looked at these parking situation long before we ever agreed to the demolition of our building . The other thing and some of the comments that were made that were not contained in I the report but were made tonight , the Dinner Theatre parking has changed . I think it 's a mistake to judge the Dinner Theatre parking by what you remember . The Dinner Theatre parking as you remember it was before we had the new road in front of the Dinner Theatre . Before we created all the neil parking over there and you probably recall as I do , when we had vehicles parked all the way down in front of Frontier Center . I challenge that . That 's changed . There 's been provision for bus parking and there 's a substantial number of additional parking stalls up there on the theatre parking lot so that's a new situation . I think it's going to be difficult for us to come to some sort of a resolution tonight and I think that as I 've been a part of these things in the past , the process shouldn 't be where the staff report comes in and we sit here and disagree with every single recommendation . I mean it puts you in a position where these things should be worked out ahead of time but I guess in fairness to everybody, w� had our submission ready on July 2nd . We were on the August 6th agenda . We were pulled off the August 6th agenda because the staff report wasn 't done . I got the staff report on Tuesday morning . Yesterday . I called I Paul today to try to work some of these things out . We haven't been able to so I mean I would be happy to go through the laundry list and give you our feelings on each and every one but I think it 's going to be very difficult and it 's a great inconvenience to us . Our financing on this project unlike the shopping center , the financing is there . The $375 ,000 .00 to build the building's in the bank . The hotel people are • Planning Commission Meeting ' August 15 , 1990 - Page 53 obviously very anxious for us to get that ugly sprinkler pipe covered up before wintertime and get this building in place so time is of the essence but I think it 's going to be very difficult . So Ladd if you want me to , I will go through starting on page 2 and give you my comments . ' Conrad: Might as well . Clayton Johnson: We go to page 3 in regard to the provisions in granting this . Permanent cross access and parking easements . Conrad: Just a second Clayton . Emmings: He should go to page 11 and 12 . Clayton Johnson: Okay , they cover them all? I just want to make sure that I haven 't missed any other comments on their comments but I can do that . Emmings: If you go through the conditions , I think it would be easier for us to keep straight what you 're saying . Clayton Johnson: Okay . I 've got them all marked up . Alright . Number 1 , ' Herb 's designed , built everything in downtown Chanhassen . He doesn 't feel he needs any architectural help . Revising the architectural plans to put brick on , I think that 's over reaching . Trash storage facilities , we don 't t have any problem with that and designing exterior trash storage with masonry , that 's not an issue . On item number 2 . Permanent cross access and parking easements shall be filed over properties that comprise the Frontier Center/Bloomberg/Dinner Theatre/Hotel complex . The easement shall involve the City in chain of title so that rights cannot be unilaterally eliminated by property owners in the area . I 've got John Rice with me . He 'd be happy to comment on that . That 's not acceptable . There are cross ' parking easements that currently exist between the hotel and our property . There are currently cross parking existing between this center and the Dinner Theatre but we are not going to be giving cross parking easements ' between this and the Dinner Theatre parcel . And the issue to accomplish it in the chain of title . The financing 's already in place on the hotel . I can 't go over . We don 't own the hotel . We have an interest in it . I can 't go over and dictate to the hotel owners that they will grant an ' easement and that it will be recorded and that their lender will permit it . I mean that 's outside of my control . The same thing is true on the Dinner Theatre . The people that are operating the Dinner Theatre have an option and in that option it's very specific that cross parking easements do occur but I cannot go over there and dictate and their lenders that these will be recorded and be in the chain of title . It's outside of our control . ' Parking for 40 automobiles. We own the city building to the rear . There 's parking currently in place , hard surface parking to accommodate 300 and some cars that we have the right to park on . If there 's a concern that we provide parking for our employees , we would be more than happy to have them ' instruct them to park in that area but we don 't see any reason to construct 40 new paved parking spots on an area next to Hooked on Classics which is currently under lease and they have the right to park there . We can 't go ' in and tell Hooked on Classics we 're going to take 40 parking stalls in front of their door . Their lease currently protects them from that . No new food establishments shall be considered . Here again , we don't have a II Planning Commission Meeting August 15 , 1990 - Page 54 problem with restricting any new food establishments in our center . I cannot sit here and guarantee you that the hotel will not have any food establishments . I don 't own the hotel . We can 't tell you that the Dinner Theatre can or cannot come in . To say in this development and to define the development as the Frontier Center , everything that goes from the hote ll to the Dinner Theatre , that 's very reasonable . We don 't have a problem with that . At the time the new addition is granted , a certificate of occupancy or Kent 's got to get his rental equipment out of there . Well , w don 't want the building so bad we 're going to put Kent out of business . I it 's a problem and if it becomes an issue at some point in time , but to say that Kent cannot operate his rental business there . Number one , he currently has a lease . We fully intend that he's going to be the new shopping center but I don 't know if he 's going to be there or not and if h isn 't , he 's going to want a stay . Kent 's been in this town for a number of years . Been very successful in business . I don 't believe he wants to I leave and I 'm not going to tell him that he has to leave . If the parking at the rental is causing some sort of a problem , if there 's a parking issue over there , that 's not objectionable . The snow storage is not an issue . The next item 's very , no new additions or modifications to the building or uses of any of the involved properties . Well here again , that 's a very broad statement . We fully support the concept of a PUD and .we want to come with a PUD for the balance of the property . All the property that faces ji south . That is exactly what we want to do , however not in the current tim frame . As you 've been aware of some of the other PUD processes goes on for months and very honestly that rear of our property is not ready to be I developed . The current use where we 've got Fragrance Marketing in there and the warehouse function , that 's the current use today . I can 't rent it for anything else . Hooked on Classics in the Frontier Building , that 's a good use right now . At some point in time we would love to come with a nea' plan and to do that in the form of a PUD is , at that time is not an issue but that is currently very restrictive . And again , you have to understand that we do not own the hotel property . You can 't give the broad brush on all of these parcels . Truck deliveries , I don't know where that came from That 's certainly nothing to argue about . The driveway running between the north and south parking lot shall be paved . It was paved . It 's currently been torn up as a part of a city project . The sewer and water project . I ' think there what you should do is get your engineering staff and ask them to restore the premises in the condition in which they were prior to the time construction took place . I 'm sure it 's the responsibility of the contractor . There 's one issue that wasn 't covered in the staff report . I ' surprised that Public Safety didn't make an issue of it. We 're concerned about it . There 's currently a sprinkler system that serves the bowling alley and our property and that sprinkler system does not currently have a shut off under the control of the bowling center . And somewhere the fire marshall is going to have to work with us and with the bowling center and tell us what the provisions for that should be . I don't believe that we want , I don't think any of the old property owners want to have a situation where their sprinkler system , the shut off for their sprinkler system is outside of their control . That 's an issue that I think has to be resolved ' for our benefit as well as the bowling center . I do have to go back just on a couple of things Steve because one of the issues here is , an assumption has been made that we want to replat the property and we did no � intend to replat the property . John Rice is here and he 's happy to addres. that but we don 't feel that the current city ordinance would require that . II Planning Commission Meeting August 15 , 1990 - Page 55 We think it 's unnecessary at this point in time . We would have the property all under common ownership but we feel that there aren 't any other lenders involved . We feel that can be accomplished without going through the replatting process . You know there's a comment in here in the staff report about tearing down the Frontier Building . I don 't know where that comes from . I mean the Frontier Building is a building of some 30 ,000 to 40 ,000 square feet . I can 't imagine . It 's never been our plans to tear it down . It 's very valuable . It produces a significant amount of rental income . I don 't know why we would consider tearing it down . I don 't know where that came from . It certainly is , it 's a steel and concrete ' structure . It can be revised . What 'd I miss? Anything? Oh , yeah 3 . Parking plans . That parking lot 's already in . That 's a city project that 's been under construction . I hope we don 't have to tear it out . The comment there is that it be reviewed but they 're just blacktopping that ' right now . There was a comment in the engineer 's report about the water service . That 's item 4 . That 's all been done . That 's completed so that 's okay . Sign plan . Signage is a problem . In our submittal what we did is we took the current , there is a current , what do you call one of those big tall signs? Pylon . Well , there 's an existing pylon sign and what we propose to do in our submission is to move the pylon sign to the middle of our property . The pylon sign currently sits right here and it was just ' relocated there and we plan on moving it here to define Frontier Center . Frontier Center being here to here . The pylon sign in our submission was to be relocated with entry monuments on either end . I don't know , Paul do you have an issue with that or do you want to leave it where it is? Krauss: Well , I guess I 'd really like to review it . I mean that wasn 't clear from the plans I had that there 's entrance monuments as well . I 'm 11 - concerned about what 's on the signs so we 'd like to review that . Clayton Johnson: Okay . Yeah, the entry monuments at both driveways and ' the pylon sign would announce the center and then a message board on there for the tenants . You know on the landscaping , gee I thought the landscaping is very elaborate . You know we 're taking advantage of all the 1 green space there that exists between the hotel and the building and that we 're planning on the restaurant overlooking that area and the landscaping , if you 've got a set of our plans , we thought that we made the best possible ' use that we could of that . We stayed off the property line even more than we were required to create that green space out there . One of the things you should understand is we do not have a tenant to occupy that restaurant . We will be building the shell but we want to make sure in this submission and approval that we have the permission to go in with a 5 ,000 square foot restaurant and it would be intended that the restaurant would be on the area overlooking the green space there between the hotel and the shopping center . Conrad: How many parking stalls Clayton do you need for that restaurant? Clayton Johnson: We figured , Paul what 's the City ordinance on a restaurant? Krauss: I think it 's 1 per 50 . Clayton Johnson: 1 per 50 square feet? r Planning Commission Meeting August 15 , 1990 - Page 56 • Krauss : Yeah , gross . 1 Clayton Johnson: So 25 . Conrad: See this is your business and you 've got to encourage somebody toll come in there . If you 're going to put up a shell and encourage them in there and you feel that a restaurant would come in and not feel . If they ' need 50 stalls , right there that would worry me and I 'm not getting into your business but seeing what I see there for a restaurant , you don 't want people walking . If you 've got to walk more than 300 feet , they 're not going to do that . ' Clayton Johnson: There 's 43 right in front . For instance at the Riveria there 's 53 to the east . The Riv 's 5 ,000 feet and they have 53 to the east " Now they haven 't had the use of that for the last year and a half but that 's what you have . We have 5 ,000 feet and we have 43 right in front . Conrad: And you don 't think any prospect is going to be concerned with not, having themselves right at the doorstep? That seems like a real negative . ■ Clayton Johnson: But one of the uses , you know I do pooh pooh the value oll the Dinner Theatre/hotel in regard to the retail but in regard to the restaurant , that 's a definite plus . A good share , I mean a significant portin of the restaurant 's traffic is going to come from the hotel guests . No doubt about it . And from people that are at either the theatre or the ' hotel . Sure we 're concerned . We don 't know how we can create any more land though . I do that mirror image . I say here 's Retail West right across the street . Same number of stalls . Same amount of square footage . We have 5 ,000 square foot of office . I don't think the office is going to conflict with the restaurant in terms of parking and we mirror that right across the street . We 've operated Retail West , I mean we haven 't operated ' it but you 've seen it operate now . Retail West 's been in existence for a year a half and they 've operated without the 53 stalls. Retail West and the Riveria have been operating with whatever they 've got there . I don 't • know what they 've got there . I don 't know what they 've got . Ahrens: But their restaurant in there only has about 2 occupied tables at any given time. ' Clayton Johnson: The Riveria? Ahrens: No , the other restaurant . The Chinese one . I Clayton Johnson: Well it'd be similar to Millie's Deli . Millie 's Deli isn 't even open in the evenings . They're closed at 4:00 and they 'll be occupying approximately the same amount of footage . Ahrens: That 's not similar to the restaurant you 're proposing? Clayton Johnson: No , but the Riveria would •be. The Riveria would be similar . Our restaurant will mirror the Riveria in size and I would think !' less parking demand because it 's next to the hotel . 11 II Planning Commission Meeting August 15 , 1990 - Page 57 ' Krauss: If I could clarify a couple things . These are arguments or discussions that we 've batted around periodically on a number of meetings . I think Fred can possibly shed some light on this comparison between the two shopping centers and also we 've had several meetings to try to ' rationalize the sets of numbers that we 're starting with . But the restaurant alone generates a parking requirement for 100 stalls . Clayton Johnson: At 5 ,000 , yeah . Krauss: And there 's 43 stalls on this property . Clayton Johnson: Well the Riveria generates the same need . They 're exactly the same square footage . ' Wildermuth: 100 stalls instead of 50? Clayton Johnson: And they have 53 . Krauss: At 50 square foot per stall gross , yes . Clayton Johnson: But Paul isn 't it true that the CBD , the whole purpose of the CBD is to accommodate . I mean what did we envision? What did we envision when we started this whole process and tore down that 30 ,000 square foot building? I 'd like you to walk over there . I think it looks a hell of a lot better today than it did last October . Krauss: Much of this 30 ,000 square foot building is now containing the hotel . I mean there 's not a- full trade off here . There 's a lot of history here . I depend on the City Manager for the history . I asked him to review this report . He has . He's comfortable with it . Fred can expand on some of the details in terms of comparison . We're pretty comfortable with what we 're saying . It 's really up to you to decide . I think it's clear that this is not something that we 're going to be able to work out . I mean Clayton called me up this morning and said well what can we do to work this out and I said well Clayton , you 've got the report in your hand. That 's our recommendation . That 's what we think it's going to take to make this thing work . Clayton Johnson: It puts the commission in a tough position . I mean you know . Emmings: Not really because I have to go home . Clayton Johnson: Well we would have liked to have worked this out starting July 2nd . I mean we're here now . Krauss : If I could clarify that too . July 2nd , we met . We asked for and received assurances that we would receive an overall development plan which we never got . We got some of the materials and there were a few materials missing . The item was delayed once . I will take part blame for that . I think Clayton was on vacation too the same time I was and didn 't return my I call when I got back into town so there 's a fair amount of discussion as to how the delay occurred . But be that as it may , here's where it sits today and do with it what you will . r II Planning Commission Meeting 11 August 15 , 1990 - Page 58 Conrad: Fred, are there other things that you can respond to based on II hearing? I 'm sure you 've heard both sides or know where everybody 's at . Fred Hoisington: . . . .Ladd that I never agree with Clayton 's numbers . His " comparisons and so forth . I think there are differences between the two sides of the street but on the other hand I don't think that 's worthy of arguing over . We 've already done that between us . I think the more pertinent question at this point is whether these conditions that Paul is II recommending are necessary and we 've talked about that and we think they are pretty necessary . I can appreciate that Clayton does have some problem or might have some problems with a couple of them . I think he 's disagreeinil on everything there but a couple might be difficult to do but I think most of them are pretty doable if we could just agree . Clayton Johnson: Do you want Kent to move out? ' Fred Hoisington : No . Clayton Johnson: Well , why 'd you put it in? Krauss: It 's getting late and people tend to get testy and I really don 't " want to do that at this point . Nobody 's asking , the rental equipment you know you can continue to rent rental equipment . You just don 't have to put it on main street for everybody to see and I think it 's a ridiculous argument to say that somebody 's trying to throw anybody out because that 'll certainly not the case here . Conrad: Okay . Well , this is a public hearing . John Rice: I promise to be brief . Mr . Chairman , my name is John Rice . I 'm counsel for Bloomberg Companies . I just want to respond to a couple o things . The tear down of the building . There was two parts . There 's the 10 ,000 square foot part and then there's the other part that stuck out . There was a study that the City commissioned by BRW as to whether or not that second part of the building should be torn down completely or whether only the outer northern facade and wall and somewhat back into the east an west wall should be torn down . And then the rebuilding of that building . Go on from there to have the retail purposes adjacent to the hotel . Now we had the east and west walls standing , would we be having this converstaion? BRW recommended that the whole thing come down because you 'll end up with a better end product but we wouldn't be having this discussion if we had an east and west wall standing there . Would we? Would you say , gee you 've got to leave it because you don 't have enough parking to do what you want to do and throughout all of this , the plan has been exactly the plan that's proposed here . A complimentary retail/arcade" mall area that compliments and provides an access and transition to and from the hotel . I want to speak just to matters of title.. Mr . Johnson has covered all the other things and so I won't reiterate what he said . That doesn 't mean I don 't agree with him but just as far as title . Bloomberg doesn 't control the hotel partnership . I can assure you of that . I was involved in that transaction . Bloomberg does not control International Theatre Corporation . Mr . Scalon. I was involved in that transaction . I ' can assure you that we don't control him . We cannot control what these other entities do and have for legal rights to operate their business in I II Planning Commission Meeting August 15 , 1990 - Page 59 space that they either lease or own . We don't control those mortagees . We don 't control our own mortagees . We are more controlled by them and we can 't dictate cross easements . Easements that they consent to this . That ' they consent to an additional encumbrance on land . Just can 't be done . Another thing . Even if there is a cross easement , despite the recommendation that the City be in the chain of title so that the things cannot be unilaterally changed , that is not acceptable to have the City be ' in the position where all of that is controlled by the City and that no change can be made or for each and every change in the transfer , change or transfer in the ownership or mortgaging of the property , that the ' accommodations of the City must be sought and obtained . And that applies to each and every one of the places where something is going to come in in the chain of title . Cross easements . There is a cross easement with the ' hotel property . Between the hotel and this piece of property so there is access to the hotel parking spaces for this property as does the hotel have access to this property for overflow parking . Each case it 's for overflow parking . Finally , in regards to the question of platting . Mr . Krauss and I disagree about whether or not platting is required . I have read the ordinance and I think I have all of it . The subdivision ordinance . There 's not a requirement that the property be replatted . It may be ' inconvenient to have two separate parcels in some circumstance forming one parcel that is the property that we 're acting on but what we 're talking about taking is 21 feet in depth off of what is Lot 3 of the Chanhassen Mall and it 's basically in the cantilevered area north of the Fragrance Marketing section . .21 feet by approximately , I don 't know, 50 feet . Not a very large piece . If you 're going to replat , what then has to be replatted is Lot 2 , Block 1 , Bloomberg Addition with it 's related easements onto the ' other property and all of , not just the 21 feet down into Lot 3 , Chanhassen Mall but the entirety of Chanhassen Mall and there are so many encumbrances on Chanhassen Mall by reason of the party walls . That means ' that the City will have to sign the plat . That means that Mr . Dorrick over in the Bowling Alley 's going to have to sign the plat and you 're talking about a , you 're just talking about a tremendous additional burden . If I may quote the Chairman in good will , we heard before that you do not want to interject the government unnecessarily into the affairs of the management of property and this is a case to require replatting where it 's not legally required by the ordinance even though under some circumstances ' it might be beneficial . It is an unnecessary and unduly expensive intrusion into how the property is handled and platted and described . All it takes is a simple variance approval by the Council of a metes and bounds description that is less than the required 5 acres or 2 1/2 acres under the ordinance . That 's all it takes and you attach it to the existing Lot 2 , Block 1 , Bloomberg Addition and you 've got your property and you 've got your lot . Thank you . Krauss: Could I address at least two of those things. In terms of the .platting . Frankly , I mean I don't know if Mr . Rice wants to go into metes and bounds division , if we 'll find that acceptable or not but at the present time you 're being asked- to accept , I mean the CBD has a 0 setback . This building has a negative 21 foot setback . That 's not permissible . Mr . Rice not only disagrees with me , he also disagrees with the City Attorney who 's opinion I. sought on the need to require platting for this . He also disagrees with the City Building official who says that the situation here is in violation of building code . As to the possibility of having 1 II Planning Commission Meeting August 15 , 1990 - Page 60 11. easements that have the City in the chain of title that encumber property , ' Mr . Rice should be fully aware that that 's fully legal . In fact he was a party to us doing that in the corridor area that separates this site from the hotel . Clayton Johnson: Nobody said it was illegal Paul , it 's just can you do it? Krauss: Yes . ' Clayton Johnson: . . .there 's an opportunity to do it . There 's not a I negative 21 foot setback . When we get all done , the property underlying the building is going to be one owner and it 's all going to be on the property . To describe it as a negative 21 foot setback is intentionally misleading . It 's not the case . Krauss : I mean we can argue this in front of you . I don 't know what else I can offer . You know it 's sort of like a Twilight Zone episode here because our realities are so different and I don 't know what else to offer " you tonight . Conrad: Okay . Still a public hearing . Any other comments? ' Clayton Johnson: Well we started on July 2nd and we have to have a format . I mean I 'm willing to stay here tonight until we get it resolved . I don 't know what 's going to happen if we table it and go back . We ' ll do whatever we can do but we can 't do what we can 't do . If we can 't accomplish the terms and conditions , we simply don't do the project . We just bury the . pipe . That 's it . But I don 't know what 's going to be gained by postponing it . Conrad: Any other comments? Is there a motion to close the public ' hearing? Emmings moved, Ellson seconded to close the public hearing. All voted in II favor and the motion carried. The public hearing was closed. Conrad: It 's 11 : 15 . Joan , we 'll start with you . • Ahrens: Well I don 't know what we 're going to do on this tonight . I mean are we going to attempt to vote on this? Conrad: We sure could. We can send it off . You know we 've got 3 choices " We can table it and see if they can work it out . Obviously the key issue is this parking . Reasons for the parking problem goes back in history andll the applicant has some valid concerns in terms of some historic reasons foil that and surprising justification for wanting to go ahead right now . On the other hand, staff has some standards that we apply to everybody . Ahrens: Is this something that staff can work out with the applicant? Krauss: No . I think that we 've had a series of meetings over this . What" we 're basically confronted with is a situation where we say we have an issue and the answer is , well there 's nothing we can do about that so we Planning Commission Meeting August 15 , 1990 - Page 61 won 't . What you have before you is the way it sits and I 'm afraid , I would like to think that there would be some progress but I wouldn 't count on it . Ahrens: Well , in that event . I guess it 's up to us to go through this and make a decision . Conrad: I think so . I don't think the applicant wants it . It doesn 't ' look like there 's something we can send back for more information so that it can be worked out . I think whether it goes ahead pro or con, we should get it out of here . ' Ahrens: I think the parking is a problem . I don 't know how it can be resolved . We 're dealing with a limited land space there and it 's just going to be a problem . A lot of small downtown areas are problems like ' that . I think that the report that was sent out , I agree with it . I mean the parking situation isn 't , how it 's attempting to be resolved is not ideal but it may work . I don 't think that I totally disagree with Clayton that the parking situation on the west side shopping area is similar to the retail area in the Frontier Shopping Mall . I think it's completely different . The types of stores . As I understand it the type of restaurant that you 're proposing would be very different from the Riveria . It would ' be more of an all day kind of restaurant with breakfast and lunch and that kind of a situation which would bring a lot more people in . Draw a lot more people from the community . I think it 's very different . I don 't know ' what to do about the parking problem . I think that we may have to live with it the way it is temporarily . Get as many stalls as possible from wherever we can . It is a problem . ' Brad Johnson: Excuse me . I kind of represent the restaurant . Conrad: Why did 't you speak during the public hearing Brad? ' Brad Johnson: Can I just point out something about parking and why the restaurant people are not concerned? Conrad: I 'd really be interested because I think . . . Ahrens: Which restaurant is it by the way? Brad Johnson: It 's like an Applebee 's . It 's that food line . There is , and this is why I 've never , Fred and I a long time ago we talked about ' parking. If you look over in here . 99% of the time this is pretty near vacant . There 's certain peak times that this is used. Filly's is active after 9:00. The bowling alley is going all day long but all day long they ' have a tremendous amount of parking in there and what Fred is saying and what all of you have said, is somehow we 've got to get people to be able to enter through here . That will take time because who knows if the bowling alley 's going to be there forever . That type of thing and who knows if this is going to be there forever but in our grand plan. we even had a parking ramp here because we knew someday we might have a problem but currently in downtown Chanhassen there is no parking problem and that 's what Fred 's saying . Fred is saying that we can work it out because you 've got to work it out or these guys will die but today there 's an easement where we plan on having the entrance of the courtyard that runs from here I Planning Commission Meeting August 15 , 1990 - Page 62 1 to here and a new stairway to go over to the hotel coming out this door . ' Clayton Johnson: It would be helpful if you could do that . Brad Johnson: There 's just a nice stairway that leads to all this parking ' and there 's how many parking spots there? Probably 120 at any one time so we perceive that anybody knows or lives in Chanhassen is going to go to that restaurant and knows they can 't park here , other than in January when nobody goes to the restaurant , you just drive over here . Walk up this nic little thing to the courtyard and park there and that 's all in . We have tremendous amount of parking down here and it just turns out , I didn 't knoll it was going to be there , there 's a nice stairway which also allows the water to run out of that area , right out the backdoor . There can be , when that restaurant 's designed , there will be a door. put right here . There could also be another door put right here so it 's even closer and they can ' just go into here . You 've got parking . There's plenty of parking in that area to handle it . Conrad: I think that 's your problem and not ours but I guess I just don 't " if I were running a restaurant and I worked for several of them , I 'd be real nervous about . The visibilty is on 78th and that 's where people go . Brad Johnson: But it 's no different than in Calhoun Square . Ahrens: Well a little different than Calhoun Square . ' Brad Johnson: The parking ramp that , I 've gone down there and access is about that far away . People just learn that you go in the back instead of ' the front . You can 't get in off Lake Street . Ahrens: That 's different . Conrad: Well Brad , it 's not our business . That 's your business and we 're not going to tell you how to do it but . Brad Johnson: I 'm just saying as a temporary solution until somebody figures this all out , okay? Long term . You've got parking that 's within . 75 feet of the back door of the restaurant . Ahrens : I think that 's what we talked about and that's what the report said that we had , the parking was sufficient short term and that 's what we ' agreed in the very beginning. Conrad: Can I jump in or would you rather for me to be quiet? Ahrens: Go ahead Don . ' Conrad: Who 's problem is it to figure this out? Who's going to pay to figure this out is my question . Krauss: There 's a fundamental issue here though with whether or not cities have the right to regulate parking standards to keep people so that , make sure that people park on their own property or whether or not we have the right to regulate anything quite frankly . I mean I 've heard every issue 1 I , . Planning Commission Meeting August 15, 1990 - Page 63 contested tonight . Clearly I mean the ordinance establishes parking ' standards for the well being of the community . Now if we wanted to take a laise affaire approach , then tell us to change the ordinance and throw out those standards because right now this proposal is not consistent with what ' the ordinance says . I mean specifically the ordinance says that parking has to be within 400 feet of a building entrance . Well not we 're talking about coming through a back door of a hotel , through a corridor . I mean ' Fred did take a look at where parking was available on this property and it was concluded that there 's a whole lot of stalls inside the ring road . The problem is they 're not where people are going to readily use them and we 've always conceeded that . I mean everybody knows they 're there and the issue ' is how do you get them there and I don 't think that 's been answered . The ordinance also requires that parking that you 're utilizing parking either be under the same ownership and merge into a single tax parcel as the site ' served under public ownership where the use of parking facilities shall be protected by a recorded instrument acceptable to the City . You 're being asked to vary that standard as well . Clayton Johnson : We wanted to change all the tax parcels Paul but to do that , you wouldn 't let us without going through the City . I mean we don 't object to this whole PUD process . We don 't think the world should stop ' while that happens . This parcel will be under one ownership. Everything that we have considered in our parking lot . Conrad: So there 's not enough parking long term . Who 's going to solve that? Is the City going to underwrite solving that problem or is that Bloomberg Companies ' to solve the long term problem? ' Herb Bloomberg : That 's Bloomberg Companies ' problem . The front is already done . We 've got all the curbs all poured . There isn 't one inch of that whole 78th Street that isn 't developed today . We hope it 's blacktopped by ' Friday . Okay . I don 't think we have any problems . I just wish we would stop grape hanging on this whole subject and if you 'll bear with me for a minute . Of course I 've only been involved in this for 30-35 years . About ' 20 years ago someone came to the City to apply to build a concrete block building next to the Hanus building . They were right across in the feed mill property and here we sat with a rather new theatre and I thought my goodness , that 's going to be a heck of a thing to look at and so I bought that piece of property . The feed mill property in self defense . We held it all these years . Paid taxes . No income on it . We cut the grass . We tried to put a split rail fence . Even looking half decent and now what today , we 've got a beautiful development along that whole north side of 78th Street . John Rice and Clayton Johnson have worked on every piece of that north side of the street . There perhaps isn't a law pertaining to ' property on the books that haven 't been explored in all these different parcels but believe it . It 's all done . We 've now got a beautiful clinic across the street . There 's a lot of parking spaces in there but the best part is , and we certainly agree with what Fred is saying that there 's no short term problem . The long term problems to me are very optimistic . We 've got one plat there behind the Frontier Building and I can show you a 300 foot square . 90 ,000 square feet of space and we could use it all for I parking . At one time here a couple years ago we voted down a civic center . The civic center was going to take advantage of the passageway and use the property , double decking maybe and put a parking ramp behind Filly 's on the • II Planning Commission Meeting August 15 , 1990 - Page 64 west side . And so that 's still a possibility. I think legally that could ' be done but mainly , right behind our properties there , see we operated a lumber company right there , lumber operation for 25 years and it was a wonderful place because it was shielded from the northwest winds . The wal out space and you could bring in trucks you could load and you could , this was very convenient place . Now that 's the back end where the Classic Cars now comes out but my feeling is that the really , this certainly is going to come on the south side and it 's been brought up a few comments here , eithe elevators or escalators in some of this property . I would much rather com to a restaurant and say I 'm going to park in there behind . In the lot behind and walk in and take the elevator up and then I 'm on 78th Street . This is the way , there's just no question that that 's the way that 's going 11 to be developed . But as far as 78th Street today is concerend , it 's done . It 's completed . It 's finished and I don't think we have any problems unless we just imagine them but we do have to , we can 't . . . We 're not building a new town out in the prairie where we can go by all the rules that Paul likes to speak of and you can have all the ordinances but if somebody wants to go out here at TH 41 and take 160 acres , you can do all I the rules . Do exactly according to the book but we 're in a downtown development . We 're working with the old town and I think we 've done a beautiful job . We 're the envy of every community in Minnesota with our II HRA performance . Our tax base is beautiful and it 's getting better every day so we don 't want to pass the word that Chanhassen's hard to do business with because I don 't think Chanhassen is . I think that we have so many beautiful places around here that are adding to our tax structure and we 'r going to do substantially more things here in downtown Chanhassen but we 'r right on the ragged end right now in that we 'd like to wind this thing up . And like I 've been saying , we 've got almost a half a mile of frontage from ' the railroad tracks to the end of the shopping center area . We 're now talking about the development of 95 feet against about 2 ,600 feet and still we make a big problem out of it . I just hope that somehow we can cut II through the red tape here and simply let's try to do business . I 've been working here , I haven 't had an argument with a single person in Chanhassen in living here 32 years and I 'm not going to start now but sometimes your patience gets kind of worn thin . I appreciate all the problems that you I people are facing and living with every day and it 's tough. It 's a great public service that people are willing to sit like you are every night here without pay and try to do a good civic job but I think that sometimes we need to count our blessings . We 've had a lot of things to be thankful for and it 's , I think we have a town we can be proud of and I think it 's getting better every day . Thanks. Fred Hoisington: Ladd , I think this staff report puts the burden to solve that longer term problem on them so I think Herb is exactly right . My concern is , when I say there's no short term problem , it 's because this development depends on this parking next door . It does not , it cannot survive on this parking alone . It has to have this parking to make it work and so at minimum we 've got to have some assurance that that can use this area as this can use this area .' Clayton Johnson: That 's a given . That 's not an issue . Fred Hoisington: Well is it a given? That I don 't . I Planning Commission Meeting August 15 , 1990 - Page 65 ' Clayton Johnson: It 's never been an issue but when you try to tell us that we 've got to go and record cross parking easements with a property owner next door that 's not us , we can 't do that . That 's not a problem on Frontier 's side . ' Fred Hoisington: What if that owner isn't you anymore? ' Clayton Johnson: We are the owners of that parcel . Fred Hoisington: Well I know you are now . ' Clayton Johnson: That 's why we 're willing to give it and we are able to give it but I can 't give something I don't have . ' Fred Hoisington: You 're saying you can 't give the hotel and you can 't give the Dinner Theatre? ' Clayton Johnson: No . We already have it with the hotel between this parcel that we 're talking about and the hotel but to record it in the fashion that Paul is recommending in the staff report , I can 't deliver ' that . Ahrens: Have you asked the Dinner Theatre? ' Clayton Johnson: The Dinner Theatre 's not an issue , it 's the hotel . Why is a lender in Washington D .C . going to agree to record a new easement? ' Ahrens: I do that kind of stuff everyday . It 's not a problem . Believe me . Mortagees don 't put up a fight with that . I mean most of the time people are perfectly willing to give those kinds of easements . It 's not a big deal for mortagees to grant cross parking . ' Clayton Johnson: I wish you 'd had my experience on the bus depot then . I 'll never sign another easement as long as I live . I mean we are more ' than happy to try and accomplish those things but to say that we will accomplish them , we cannot do that . Ahrens: Well you know , I think as far as the conditions go in the staff report , the staff recommendation , the face brick , I don't . That 's not an issue for me . If you think there's a reason why you have to have that in there , then I 'll go along with that . I don't know why that 's in there but the parking easements , there is a problem as far as I 'm concerned requiring them to have that done . You have to have that done . You have to have consent by the parties to an easement and if they can get it, great . Krauss: I 'll just throw in my 2 cents . ' Ellson: You 're saying you just want the attempt . Ahrens: Either that or we have to require them up front . We can't require somebody else to give them an easement but are we requiring them to go through the process to? II Planning Commission Meeting August 15 , 1990 - Page 66 Krauss: On the one hand Clayton is saying that he has rights to utilize spaces . On the other hand he 's saying he can 't insure that he does have the right to utilize those spaces . I can show you a supermarket , a former Red Owl supermarket on the corner of Hopkins Crossroad and Excelsior Blvd . " The supermarket building was owned by Red Owl . The fellow who owned the Red Owl . The Red Owl chain bought some additional parking for this guy when he expanded the building . They were in two separate ownerships . Whall you had was when Red Owl went out of business , or shut down their stores , the party that owned the parking sold the parking lot off to a McDonald's . They were then left with a building that had no parking . I think if you g past there today there 's a sporting goods store and you 'll see that that 's kind of left with one little strip of parking on the side of the building and there 's a McDonald 's sitting next door . That 's the situation that the ordinance is designed to avoid . ' Ahrens: I think we realize what can happen when parking isn 't , when there isn 't an easement . I mean anything . They can change ownership and all of ' a sudden you 're stuck with somebody that 's saying you can 't park in our lot . I mean that 's what can happen . I think an easement is a smart thing to do . I think it 's important . I think that those negotiations should start with the theatre . ' Clayton Johnson: We have the easements . It 's just that we cannot assure you that they will be in the chain of title . We can 't assure you that the , City will be in the chain of title because they are currently not in that form . Ahrens: Well , I think your lawyer can work on that . The next , let me see ' here . Again , the no new food establishments . I don't know how you 're going to do that . How are you going to tell them . I mean they have no control again over businesses that they don 't own . How can you tell them? ' Krauss: Well again as property owners I think they could be held subject to a condition that 's applied to them relative to . ' Ahrens: But you 're telling them that the Theatre can't open a restaurant . Krauss: Well , at that point we have some , there's probably some difficult" with that . I should tell you too that the Theatre 's talked to us about expanding their restaurant . Ahrens: Well , there is a condition in here that says that no new food ' establishment shall be considered over and above the current restaurant anywhere in the Frontier Center complex . Maybe you want to reword that somehow because they don't have control over the entire Frontier Center complex correct? Krauss: Well actually , the Frontier Center in capitals , I believe they doll The other , the hotel and Dinner Theatre they don 't . Ahrens: Okay , so do we just want to eliminate the hotel and Dinner Theatre? Krauss: Sure . , II Planning Commission Meeting August 15 , 1990 - Page 67 ' Clayton Johnson: Okay make sure , we already have a restaurant in there you know . Millie 's Deli . Krauss: No, acknowledging . This is just saying anything over and above . ' Ahrens: It says no additional . The driveway , do you want to leave that in here? Is that the City 's responsibility to fix that? Krauss: I told Clayton this morning , I don't care who builds it . If he can convince Don that the City 's liable to build it , that 's fine . It just ' has to be built . Ahrens: Should that be left in as a condition? Krauss: I believe so . Ahrens: I have no other comments . Conrad: Okay . Jim? Wildermuth: I guess my feeling is that the issue should be tabled and I think a number of these differences should be worked out . Based on what we 're looking at here tonight and the disagreement that is clearly evident tonight , I think we 're just too far apart to be able to make , the applicant ' and city staff are too far apart for the commission to make an intelligent recommendation . ' Conrad: Anything else? Annette? Elison : I tend to go against tabling it or whatever . I think you do get to a point sometimes where you 've got to be honest and say that they 're not going to solve them . That 's what' we 're here for is to break the tie , if there is such a thing , and there 's also City Council beyond us that 's going to be overseeing it as well . So I agree that I 'd like them to at least make attempts to get it into the chain of title . The cross easements . If they 've already got it , whether it 's verbal or whatever now , then all we 're asking is to be all the more official and maybe they 're already ready to do something like that since they already seem to have some sort of easements right now . John Rice: Excuse me , could I speak and put that issue to rest? I know the public hearing's closed . Conrad: Yeah , the hearing 's closed . I don 't know that we 're going to come ' a conclusion on that cross easement deal . Let us continue to go through here . Go ahead Annette . Ellson: . . .remain the same . I agree with the rental equipment thing . I don 't think we 're putting them out of business . We 're just trying to get back the parking stalls and stuff like that . It was an interesting point about parking in the back . Is there going to be any signage that will tell somebody from the back how you can get to the restaurant from the rear? I II Planning Commission Meeting August 15 , 1990 - Page 68 Krauss: Well I don 't know . In fact I thought that that was a door that was going to be locked and just be an emergency entrance or the key to the hotel . Brad Johnson: It 's a full open sidewalk . There is no door . It 's just a corridor . It was always planned to be there . Ellson: If you 're parking in the back is it going to say , "To the ' Restaurant"? Brad Johnson: It 's no different than if that was a public parking lot and ll you just walk up the stairs and you go up into the restaurant . You don 't go into the hotel . Krauss: On the plans for the hotel , that was shown as , it wasn 't shown as' a sidewalk . It was shown as an emergency exit . Brad Johnson: For the hotel . ' Krauss: If it 's going to function as something else too , we can take a look at it but that was not the original intent or if it was , it wasn 't clear . Clayton Johnson: I think we 'd better take a walk . Conrad: I don 't think I 'd go Paul . Krauss: Not on a dark night . , Ellson: No , I think we should go ahead with it as is with the recommendations and move it along . Go ahead Tim . Take it away . ' Erhart: Well it 's obvious that the two parties are not working together on this thing . I don 't know how you resolve it . It 's not here . I think we I can , I 'd be happy to maybe make some comments on some of these things . Somehow you guys have worked yourself into corners and either through additional parties or more time , all these things are , on the face of everything , there 's logical solutions to every item on here . They certainly aren 't being discussed in a format . If I had this meeting going on at my company , I 'd stop the meeting right there and come back another day because it's obvious a lot of emotion in it . I think also a lot of insensitivity to the point where I think some of the behavior is I think all little unprofessional . Oespite frustration , I don't think it 's necessary to say the kinds of things that give the kind of expressions that I think I 've seen here tonight . I think you 've got to go back and work on it . If 11 it 's gotten emotional , bring some other people into it on both sides who can look at it with a little fresher point of view and you know it 's something we 're going to do . This project we 're going to do and it 's goin to be approved . It 's got to be done and we 've just got to bring reason to this thing and get rid of the emotions of it . Comments on some of the items are , I 'll just say again on the architectural . I don 't know how muc we 've been involved historically in the architectural review of the whole thing . If it 's something we haven't done much in , this is probably a little bit late to get into at this time , although one of the things that I . Planning Commission Meeting August 15 , 1990 - Page 69 bothered me about the whole thing is that the whole hotel came in with what ' we saw was a cedar shake roof and all of a sudden we 're not getting a cedar shake roof . I thought that was a pretty important part of that project when I looked at it . Well now they 're talking about a cedar shake roof and I 'll tell you what I believe , we 're not going to see a cedar shake roof on this building . I 'm not looking for an answer but it seems like they 're again a lot of , you wonder a lot . Cross easements , I can 't make a judgment on that . You know you 've got to look at what's reality . You 've got to get Roger involved in it and go for it . It 's certainly nice . There 's a great- concern about parking but we 've got to live with the existing situation . It may not be possible to get those easements . It may not ever be possible to ' assure 100% that we 're not going to end up with a parking problem . I think most , I think this is a project that 's got to be done . 40 automobiles for parking in the rear for employees . Are you going to have employees that are going to want to park in the rear who leave work at night or come into work at night? I don 't know about that one . If there 's an access out through the side through those doors , maybe that will work with adequate lighting . Maybe a security camera or something and make employees use the bowling alley lot and mount a camera and monitored by somebody in the hotel or something . There 's a security issue involved . The food establishment , I guess everyone 's agreeing to that one . Again , the rental equipment , I ' really don 't know what to say on that one . I don 't know if you can go over and , as much as I agree entirely with Paul 's intent there , I think we ought to forget those parking spots . I 'm not sure that we can really draw the ' line there and say we 're going to do that . I don 't know if you want to say that okay you can 't do this building or this project because you can 't do that . It 's a very , very hard line that you 're trying to draw and again I ' think we 've got to get this hotel and Dinner Theatre out of the one provision where it says no food establishment shall be considered . The driveway I think we 've got to find , we should find out what is the deal with the driveway . Is it the City 's responsibility and if we 're going to ' make an emotional issue out of it , let's get the facts before we draw the lines . That 's my comments . I think it 's , I don 't think this is the place to resolve these , what has become emotional issues . ' Conrad: What do you want to do? Erhart: I think we ought to table it . There 's a number of issues that we 're not qualified to . We don't have the data and we 're not qualified to make a recommendation. Fred Hoisington: I guess my feeling is that it 's urgent to keep this thing moving along . I would be a little concerned about tabling it. I guess what you might want to do is approve it with conditions with a couple ' exceptions . One , just leave a question mark as far as the chain of title question . I don't know if any of us can answer that . Paul and John obviously have different opinions . . . But let those things be worked out between now and Council by staff and the proponents and see if they can 't ' come back with . . .something that will be workable . I 'm afraid if we delay it for 2 more weeks we may , I won 't say we 'll lose the project but we 're really pushing up against bad weather conditions to get it done . • II Planning Commission Meeting August 15 , 1990 - Page 70 Conrad: Okay . Well , I like this project . All we 've said is negative I stuff but I like it . There are some problems obviously and I 'm not sure that I agree with you Clayton on everything you 've said. In fact 50-50 . Disagree with half of what you said but I like the project . I think it 's , neat . I think it 's neat to see West 78th almost complete and as you went through the list Clayton , I didn't find , you know I think you said in most cases you didn 't have disagreement . I think parking is the issue and I don 't have a clue on some of these and typically when I don't have a clue" I have to go with staff report . Yet in some of these cases , I guess I 've got to question some things . On the cross easements, I don 't know and to be honest , when you don 't know on a technical issue , you almost have to go I along with staff but I 'm not comfortable yet on the cross easement issue . The only thing I want to do is assure that we have parking in the front for the restaurant that 's connected with the Frontier Center . That 's what I want . I think that 's easy . Paul wants some more things and those are the I things that I don 't understand so I think what Clayton 's saying is , for sure there 's the cross easement with the Frontier Center . That 's a piece of cake . Can 't guarantee some other things but those are the things that II if we felt it was important to guarantee , they 've got to do it . Otherwise the project doesn 't fly and I guess on one hand Clayton's saying maybe they may not be able to get those guarantees or those cross easements from the other owners . I don 't know . The parking in the rear for 40 automobiles , that one doesn 't bother me . That 's one that I guess , Paul is that an important one? That one doesn 't make much sense to me in terms of being critical at this juncture . Krauss: Is it as critical as the others? No , it probably isn 't and the information tonight on that corridor in front of Filly 's may resolve some II of that . We 'll look into that further . That 's probably something . Conrad: Yeah , I had a feeling that that was probably the case . I think that that requirement sure is debateable based on where Brad said people , II his restaurant wants to park people . I think the others , going down the row . Clayton has said they 're okay . I guess staff has a comment in here that 's saying hey , we want to see where this whole complex is going and you know , I guess I would leave that in here simply because we don't want this to happen again where we come up and butt heads and I think that that section should stay . In terms of the responsibility on reparing the driveway , if it 's the City job then it should be the City 's . That 's another one that again we need some review on so again, I guess I don 't want to see us sit here . I 'd like to move it on . I think it 's a neat , I like it in general . There are 3 or 4 areas , and as long as, and I 'm convinced that it 's not the City's problem to solve the parking . That is Bloomberg Companies ' to solve the parking long term and as long as the City doesn 't have any financial liability and as long as they don't affect how II the City operates , I 'm comfortable sending this , when I say the City operates . As long as there 's not a spill over to West 78th Street or across the street or whatever , then boy I tell you , that 's their job to figure that out . Brad 's job to figure out how restaurant patrons are going, to park x number of feet away from the front door of the restaurant . That 's not our job but I 'd like to see this go through with maybe a bulk of it , the way the staff talked about but in my mind I 'd like to see some added review of , I wish they were numbered . The easement issue . The parking for the 40 automobiles and the driveway between the north and south I Planning Commission Meeting August 15 , 1990 - Page 71 ' parking lots . Those issues seem to be debateable in terms of the staff report . Whether we send them through as needing more review , I guess whoever makes the motion has to clarify what you want done but I think we should get this out of here . I think staff can do some additional work with Clayton in the next couple of weeks . Maybe not come to resolution but they can get to City Council and they can deal with some of these . I don 't know that some of these are resolvable . I think it 's going to be , it 's not ' whether they 're going to come back in agreement . I really don 't believe that that 's the case here . It 's a case where do you want a project or do you want to table or kill it and we 've been told by our consultants that ' short term , we 're probably not going to have a problem . The biggest problem that we see is parking . We 're not going to have a problem short term . So whoever makes the motion can consider my comments and make the motion before 12:00 because I 'm not sticking around past then . Ahrens: We 've got a whole lot left on the agenda . ' Conrad : Clayton? Clayton Johnson: Would it be proper for me to just run through all the . . . and clarify some of the things . I mean I think we 're in agreement on 90% although there are some very key items that I would like to make sure get in the motion otherwise there 's no point in moving along tonight . Can I just go through them real quick? ' Conrad: Okay . I ' ll stop you if I , yeah . Go ahead . I 'm not sure what you 're going to tell us that we don't already know . Clayton Johnson: Well for instance on the no new food establishments . That 's not an issue if you confine it to Frontier Center . Ellson: Right . Take out hotel and Dinner Theatre . We 've got that . Wildermuth: Can you start with number 1 and just go down the whole list . ' Clayton Johnson: Number 1 is the brick issue . We don 't like it . I guess if you 're going to start redesigning our building , that 's not the end of the world but I don't like it . The cross easements , we will give you cross easements on the Bloomberg parcel and we already have cross parking easements existing on the hotel but I cannot guarantee you that they 're going to be in the chain of title as Paul has laid out here . You will get everything we 've got and everything we can give . The 40 automobiles , because we 've already got it in another 300 spots back there , I don't know why we should build 40 more and we think it's in conflict with our lease ' with Hooked on Classics . The food establishments we talked about . As long as you confine it to Frontier Center , that's okay . The occupancy on West 78th Street . On the rental equipment , I have a hard time with that . I ' mean I am going to have a very difficult time going over and telling Kent that he can 't use that property the way he 's used it and I don 't know , you 're kind of reaching . You 're going over and you 're dealing with this issue but I don 't know . I mean if you want to say that , you 've taken the ' burden off of me . No snow is no problem . The additions or modifications . I mean there again it 'd be nice if we knew what we were talking about . I don 't think we can infringe on the rights of other property owners like the II Planning Commission Meeting August 15 , 1990 - Page 72 hotel and the Dinner Theatre . I think you 'd have to confine that to the Bloomberg parcel . Truck parking 's not a problem . The driveway is going t be resolved . It 's going to either be , I mean we had it all paved before and it got tore up . Either us or them do it . Adequate turn radii , I would like to see that . Is that a condition Paul? Krauss: Yes . Clayton Johnson: Well , you guys just engineered and built the parking lot . Don 't make me go in and tear it up . Do you really mean that? Krauss: That was a concern raised by the Fire Marshall . Conrad: Where 's that? Ellson: Number 3 . Clayton Johnson: Number 3 . They 're just pouring the curbs now on it . , Herb Bloomberg: They 're done . Clayton Johnson: They 're done and I mean I don 't like to think that we 're ' going to have to go back and tear them out . If they didn 't look at them before , I don 't know . 4 is done . 5 is done . 6 , I told in our submission Paul in his report speaks . . .in our submission on the signage , we just plan ' on moving the pylon to the middle and put two entrance signs . If you want more detail , that 's something we may have to come back with . Ellson: For the Council 's approval? Krauss: Yeah , I would prefer that . Otherwise the sign plan 's not going 11 come back to you . Clayton Johnson: We 'll come back with signing on the whole Frontier 11 Center . Krauss: Sharmin has indicated that monument signs are not permitted in th CBD district . Clayton Johnson: They 're already there . We already have them . We 're just talking about moving them . ' Krauss: No, monument signs Clayton . Not the pylon . Clayton Johnson: The pylon we have . ' Krauss: Right . I acknowledge that but new monument signs. Monument signs are not permitted . ' Clayton Johnson: Entrance , monuments? We 've got that right now. Ellson: Okay , can we move on? Conrad: Yeah. • II Planning Commission Meeting 11 August 15 , 1990 - Page 73 ' Wildermuth: What about number 8? Clayton Johnson: Well we think that that 's something that Rice and Knutson can work out . We don 't like to go through the platting process . We think it 's unnecessary . We think we will have a piece of property under one ownership . The building will be totally on that piece of property . It won 't have a negative setback . We just don 't think it 's necessary to go ' through the whole platting process . Erhart: A lot of people think that but everybody does it . You 're talking ' about a variance otherwise . Krauss: Unless this is something that can be brought under a metes and bounds division . And again frankly , I don 't care how we move the lot lines ' as long as it 's done in a legitimate way . We do have authority to review metes and bounds at the City Council . It's a simplier procedure . If the City Attorney 's comfortable with it , that would satisfy that . Clayton Johnson: It 's just a matter of time and expense , that 's all . I don 't think the platting will accomplish it . That 's it . ' Conrad: Yeah , I wish we recorded what you said Clayton because I don 't disagree with all the things you said . In fact , that 's a negative way of saying that . I agree with a lot of what you just said . We could make a motion and I don 't know if anybody 's getting prepared to make a motion here . It 's almost to the point where I 'd like to reword almost every one of the conditions . Ellson: Or you could say review and clarify before you get there or something . ' Conrad: So somebody could make the motion that , do you know? Erhart: I ' ll give it a try . Conrad: Let me give you an alternative that might help . We could make a motion to basically accept the staff report as drafted but to have the staff review these points because the Planning Commission doesn 't agree in it 's entirety with the staff report . Erhart: I 'm pretty much doing that . Ellson: Rather than reword them all . Conrad: Well yeah . I think rewording this , we can 't do and I 'm looking for an easy way of getting us out of here . Erhart: Let me summarize what I 'm going to do and unless somebody objects , I 'll make the motion . What I was going to do was to essentially do that for everything except for the items relating to the 40 automobiles for employees . The one on the equipment rental area , I was just going to leave ' out with the parking area for employees . The 40 parking spots for employees . The one on the rental agreement . To eliminate the rental equipment thing . • i Planning Commission Meeting August 15 , 1990 - Page 74 Conrad: So you don 't mind it being out there? Erhart: I just don 't think that should be in here . I think it 's something we ought to work with as a City with the rental company . ' Clayton Johnson: I think you 've already got ordinances . Conrad: See there 's an outside display ordinance and see I don 't know howl they can do what they 're doing right now and I think as long as we 're a nice little community , we can let that happen but I don 't believe it 's legal and I haven 't wanted to say anything but I don 't know that we need ill in here because I think it's under our control already and as long as no harm and nobody complaining , I 'm comfortable but it 's real tacky . Ahrens: I like it . ' Conrad: Do you? But that 's not , boy if that 's how they want to do it , that 's okay . 1 Erhart : The other one I was going to leave out here was the new additions or modifications to buildings . Leave out the new additions or modifications of building or uses because , if they want to do that , they have to come in for a permit anyway don't they? Krauss: Yes they do except that this thing keeps coming in incrementally and there 's never a line drawn that says okay , figure out how it all works together and I guess that 's what that was trying to get at . Conrad: It 's whether Tim you want , basically they can come back with another problem just like this and they won 't but they potentially could and what Paul is saying is hey , I don 't want , at least under their control ' right now , Paul doesn 't want to , Paul would like to have a bigger plan drawn up so he has an easier job which makes sense . But that 's up to you . You 're making the motion . Erhart: I can change it to what he 's saying , involve Bloomberg properties . Clayton Johnson: Right . ' John Rice: . . .The use is going to change because the Hardware store 's going to move out so what are we supposed to do? Erhart: Well we're going to change it to Bloomberg properties . John Rice: That is Bloomberg's property . ' Herb Bloomberg: It 's still retail . Clayton Johnson: It 's still retail though . As long as we come back with I new retail , the only time we have a problem is if we come back with a restaurant . Erhart: What you 're looking for is a motion to go to Council . That 's wha I 'm trying to get to so the Council can go back and add it back in or I . Planning Commission Meeting August 15 , 1990 - Page 75 ' change it but with that , I 'm going to leave pretty much everything else the same except for 8 . I 'll add in the contingency that if they can discover a metes and bounds method for approving . Otherwise I 'm going to leave in the title of chain . Again , we aren 't making a decision here . This is a ' recommendation. Ellson: Or just something that we want to have reviewed . ' Erhart: . . .if the City Council says no, then you 've got it . Krauss: We would sit down and ask Mr . Rice to give copies of the easements to our City Attorney and see what he feels . Conrad: So have you done it? Have you made a motion? ' Erhart : I 'm going to make a motion . Conrad: You 're going to do it right now? Okay . Erhart : Is there anything else Ladd? You wanted to get out of here by midnight . Conrad: We don 't have much time . Erhart : Unless somebody else wants to . Conrad: No , no . Go ahead. Please go ahead. Erhart : Okay , I move that the Planning Commission recommend to Council approval of Site Plan Review #90-7 and Preliminary Plat #90-14 subject to the following conditions . Before I got this far I was going to ask one more question . What was the argument for this architectural control? Krauss: Oh well , is it imperative? Well , your ordinances give you the right to review building architecture and you 've done it in the past . You 've been doing it more and more as time goes on . The idea is not to be manipulative or to require changes . On the plan I noticed that there was .a ' line of brick underneath the windows that ended at one of the doors and it 's just like that 's part of the building and it just didn't finish it and aesthetically it didn 't seem appropriate to me and that 's where that , it 's subjective . ' Erhart: Okay , continuing with the motion. Leave item 1 as is . Item 2 as • is with the following changes . The first paragraph as is . The second paragraph beginning with the parking area with room for 40, delete that paragraph . Next paragraph starting with no new food establishments , delete in the first sentence the words , the hotel and Dinner Theatre. The following paragraph beginning at the time the new addition , delete that paragraph . The following paragraph beginning with the owner will , leave as is . The paragraph starting with no new additions or modifications should include the word Bloomberg after the word involved . The following II paragraph no change . The last paragraph , change that something to the effect that staff will review that one and determine who's responsibility it is to do that . Item number 3 . Leave as is . 4 , 5 , 6 and 7 as is . 8 as II Planning Commission Meeting August 15 , 1990 - Page 76 is with the additional , if an acceptable means for approving this , approving the objectives stated here can be done with the metes and bounds method , that that would be acceptable to the Planning Commission. Conrad: Good job . Krauss: Clarify one point on the sign plan . There was some desire to seeil do you want that to be resolved at the City Council or do you want that to come back here? Because the way that 's worded right now , it will come back to you . Wildermuth: All they 're going to do is move the sign . What I was going o propose there was provide a revised sign plan for staff approval just like item 7 . ' Conrad: Yeah . I see no reason that they have to come back here unless they 're asking for variances . They wouldn't come on a variance . 1 Krauss: Except that this gets into an area where the ordinance says that multiple tenant buildings should have a sign plan and it 's not terribly explicit . ' Ellson: Fine . We don 't have a problem bringing it back to us , so let 's bring it back to us . ' Ahrens: Yeah . Krauss: You might want to exercise some judgment on this one . ' Conrad: Okay . Ahrens: I 'll second it . Conrad: Any discussion? Erhart moved, Ahrens seconded that the Planning Commission recommend approval of Site Plan Review #90-7 and Preliminary Plat #90-14 subject to 1 the following conditions: 1 . Revise architectural plans to carry face brick below the window line to the west end of the building . Demonstrate to staff that adequate trash storage facilities are being provided in an acceptable location. Exterior trash storage facilities shall be screened by a masonry wall designed to be compatible with the new construction. , 2 . Parking requirements: a . Permanent cross access and parking easements shall be filed over II all properties that comprise of the Frontier Center/Bloomberg/ Dinner Theatre/Hotel complex . The easement shall involve the City in the chain of title so that rights cannot be unilaterally eliminated by property owners in the future . b. Deleted . 11 II . Planning Commission Meeting August 15 , 1990 - Page 77 c . No new food establishments shall be considered over and above the current restaurant , anywhere in the Frontier Center complex . This condition will be enforced until an overall development plan described below has been prepared and accepted by the City. d . Deleted . e . The owner will ensure that no snow will be stored in the parking lot . As necessary , snow shall be removed from the effected area . f . No new additions or modifications to buildings or uses of any of the involved Bloomberg properties will be considered unless they are part of a coordinated development program that addresses the design , access and parking needs of the entire complex . g . No truck delivery parking will be allowed anywhere in the north parking lot of the Frontier Center between 11 :30 a .m . and 1 :30 p .m . on weekdays . h . Staff will review to determine who 's responsibility it is to pave the driveway running between the north and south parking lots . 3 . Revise parking plans in accordance with staff 's recommendations and ' work with the City Fire Marshall to ensure that adequate turn radii are provided . 4 . Revise utility plans as follows : a . A separate metered , privately owned and maintained water service shall be installed and connected to the existing 8 inch watermain under the proposed parking lot ( see attachment ) . The proposed building facility shall disconnect and remain permanently disconnected from the existing water service extending from the building to the east . 5 . Provide final site and building plans consistent with the ' recommendations of the City Fire Marshall and Building Official . 6. Provide a revised sign plan for Planning Commission approval . 7 . Provide details of any proposed exterior lighting for staff approval . 8 . Prior to issuance of any building permits , the site must be given final plat approval and the plat filed with all required easements unless the City staff and City Council determine that metes and bounds are acceptable . All voted in favor and the motion carried unanimously. 11 II Planning Commission Meeting August 15 , 1990 - Page 78 APPROVAL OF MINUTES: Wildermuth moved , Erhart seconded to approve the Minutes of the Planning Commission meeting dated August 1 , 1990 as presented . All voted in favor except Ahrens who abstained and the motion carried . , Krauss: Could you think about , we 'll call you up in the following week about September 26th as a special meetin for the comprehensive plan . Conrad: _ Call us up . Krauss: We will . I also should tell you that I got a call from the Metro 1 Council last week . Guess who's got a problem with our population projections after having them for 6 months? Conrad: Really? Elison: Saying it 's too high or too low? I Krauss: Well they don 't know because they 're not going to do any re-analysis until they have the census data in 2 years so they 're going toll assume that we 're wrong . Ahrens: Too low? Krauss: No , we 're too high . Ahrens: We 're projecting too high you think? Krauss: That 's what they claim . Conrad: Well good job on all of the staff reports tonight . Probably some ' of the best analysis I 've seen . Ahrens moved, Elison seconded to adjourn the meeting. All voted in favor II and the motion carried. The meeting was adjourned at 12:05 a.m. . Submitted by Paul Krauss Planning Director Prepared by Nann Opheim • 1 I BLOOMBERG COMPANIES INCORPORATED P.O. Box 730 -CHANHASSEN, MINNESOTA 55317-0100 - (612)934-5850 BLOOMBERG COMPANIES INCORPORATED ' Retail Development We have submitted plans for a 12, 000 square foot retail building. This building is to be constructed next to the hotel and connected to the current "Animal Fair" structure. This building will house a restaurant of approximately 5, 000 square foot to serve the general public and hotel guests. This building replaces a 16, 000 square foot structure that we demolished to improve access to our site and the hotel site and to accommodate the overall parking plan for the south side of West 78th Street. this building will be owned by the Bloomberg Companies and will be operated as Frontier Center. Frontier Center will include the following retail structures: New Building 11, 628 sq. ft. ' Existing Animal Fair Retail 3, 000 Frontier Building Current Hardware Store 4, 800 Current Deli 1, 000 Current Office 5, 000 1 Current Drug Store And Hair Salon 3, 600 29, 028 ' • RECAP: Restaurant 5, 000 Retail 18, 028 Office 5, 000 This center will serve to connect the properties at either end the Dinner Theatre to the east and the Hotel to the west. It is very similar in size and use to the North side of 78th St. jwhich currently includes Retail West and the Riveria. These properties also connect to properties facing south and 11 this portion we would expect to be a part of future development. This future development would connect the existing FMG warehouse and Hooked on Classics Frontier building to retail uses that would be consistent with a plan for that area. FRONTIER LUMBER& MILLWORK • BLOOMBERG CONSTRUCTION • .CHANHASSEN FURNITURE GALLERIES • IHI ( II LAND USE CONSULTANTS Hoisington Group Inc. MEMO I To: Paul Krauss, Planning Director I From: Fred Hoisington, Planning Consultant Subject: Parking Supply and Demand Analysis - South Side West 78th Street I Date.: 8-6-90 1 pROPOSAI. The proposal by Bloomberg Company Inc. is to construct a retail I development between the new Country Suites Hotel and the existing Animal Fair structure on the south side of West 78th Street. The size of I the Animal Fair/Frontier Center complex is proposed to be 16,116 gross square feet, with 11,822 square feet of new construction and 4,294 square feet already existing. The Frontier Center is proposed to have a I restaurant/lounge comprising approximately 5,000 square feet. The Center is designed to focus on an internal pedestrian corridor. i EXISTING CONDITIONS/PARKING SUPPLY According rdin to the Frontier Center plan plus spot checks in the field, there are at least 957 parking _spaces existing in the Study Area lying east of Market Boulevard, south of West 78th Street, west of Great Plains Boulevard and north of the Soo Line Railroad tracks. The following is a summary of available parking. I USE PARKING EXISTLNG/PROPOSED Dinner Theater 288 surfaced (upper lot) I 40 employee (lower lot) Existing Frontier building retail 100 Chanhassen Bowl and adjacent warehouse 393 I Country Suites Hotel 9 3 Proposed Frontier Center 4 Total Spaces 95 7 7300 Metro Blvd. •Suite 525•Minneapolis,MN 55435•(612)835-9960 • I ASSUMPTIONS The calculation of P arking demand is based on, among other things, the 111 following: 1 . The warehouse adjacent to Chanhassen Bowl is fully occupied as a warehouse. 2. Because of the nature of Hooked On Classics and a very low retail I patron generation rate, it is also categorized as warehouse space for purposes of calculating parking. 1 3. The Hogarth Lounge located in the dinner theater complex functions as a restaurant during the lunch hour when parking demands are not critical. It functions only as a lounge during theater operations. 4. While considerable unsurfaced parking is available in the dinner theater's lower parking lot, only about 40 spaces are utilized for theater operations and those are used by employees. ' 5. For purposes of establishing parking demand, the restaurant and lounge element of the proposed Frontier Center is treated as if it were an integral part of the hotel complex. 6. While most of the old Frontier building retail establishments currently close at 6:00 p.m. on weekdays (two remain open until 7:30), this may not always be the case. An increase in the mass of retail will create synergy and may cause retailers to extend their hours of operation. PARKING SURVEY 1 On Friday, August 3, 1990, a count was made of vehicles parked in the Dinner Theater and old Frontier building parking lots between 7:00 and 8:30 p.m. At 8:30 p.m., parking accumulation in the upper lots reached 196 cars. A total of 18 presumed employee cars were parked behind the Dinner Theater in the lower lot. Accord in g to Dinner Theater Management, 501 guests were present at the I three performances during the survey period. There were no groups present who would have accessed the theater by bus. This translates to a parking demand of one auto for each 2.34 patrons. Based on an assumed 20% group attendance during peak patronage periods, it is reasonable to ti assume a parking requirement of one space for each 2.9 seats. • 1 It is important to note that only three theaters, having a total of 900 seats, are operating during most of the year. Use of the fourth theater during , November and December is possible though not certain. When all four are operating, capacity is 1,148. At full occupancy, then, the Dinner Theater would require 396 parking spaces. It currently provides 328 spaces. CONCLUSIONS/PARKING DEMAND, 111 1 . The Study Area as a whole will provide sufficient parking to accommodate the existing development plus the Country Suites Hotel and the proposed Frontier Center. At least 957 spaces will be available and a total of approximately 945 spaces will be required upon completion of the Hotel/Frontier Center development. 1 2. The peak parking demand period will occur between 6:00 and 9:00 p.m. on a Friday evening. Distribution problems aside, during the peak demand period, parking will only occasionally exceed the available supply of parking spaces for the Study Area as a whole. I 3. The proposed Frontier Center will also peak during the 6:00 to 9:00 p.m. period at approximately 78 spaces. Only 43 parking spaces are proposed to be constructed. 4. Parking demands for the old Frontier development (extending from ' the Furniture Store to the Rental Center/Hardware) plus the new Frontier Center will actually peak during the noon hour and the 4:00 to 6:00 p.m. periods when approximately 150 parking spaces will be required with 143 available. The Dinner Theater will not compete significantly for parking during these periods.• ' 5. The critical period is from 6:00 to 9:00 p.m. when the Dinner Theater does compete for parking with retail uses. In the short-term, there will be no problem with parking if the old Frontier complex retailers maintain their present operating hours. If that should change, however, a future parking problem will arise. Attributable in large part to distribution problems, there will not be adequate parking for all users when all stores remain open during the 6:00 to 9:00 p.m. period and the Dinner Theater is nearing its seating capacity. • r Parking Memo Page 3 I I 6. When future capacity is reached, the hotel parking lot will not be ' useable by non-hotel patrons whose destination is the restaurant and retail center because most hotel parking is w distant. 11 very That likely be ' closest to the proposed new Frontier protected by the hotel for short-term parkers. Cross easements are not proposed as part of the Frontier Center plan. ' BECOMMENDATIONS The use that is proposed is very c retail shops and with the downtown restaurants to be ' redevelopment concept which calls for eta part of the hotel/dinner theater complex. Furthermore, a restaurant will be a very important part of the hotel complex but the parameters within ' which the retail project must occur are unbending. It is our opinion that a parking problem will exist if and when the existing retail development (Hardware/Rental Center, etc.) is upgraded hours are extended and the Dinner Theater is competing for the same parking spaces during the 6:00 to 9:00 p.m. period. Until that occurs, parking demand will exceed supply only very infrequently and perhaps not at all. While the situation is not ideal and a problem will evolve over time, there is time to develop a solution without holding e following current conditions:proposal. We ' recommend approval of the plan subject to t $ 1 . That cross easements be provided to assure the sharing of parking. 2. That an overall plan be prepared for the Study Area before any future approval is granted by the City for ow total additional development/ redevelopment. This plan should illustrate h parking can and will be satisfied. 3. PIans should be prepared before any further land sales are transacted ' and further platting is requested of the City. • 's ,c DnrLinn WA TY1 HOISINGTON TEL No .835-3160 Aug . 7 ,90 14 :35 P .06 . . 1 II , ■'''' \\ , \ ‘ I / ,,,•-'" \ ,. I • V ....- . ...- h ! • , .0 - • , . . 7 ir et) 4 • i • go .., , / . . 1 iti ..• , —...", - ".7. i I . I .,• i ‘ , I, .- . •.i /vio ..., ..-",,, %/1 1 ' ■ ■ .„ I I i - u° .* ■ I ' , . . .... :: • •- . . ,- 1 I, I ., a t. • il w s i L -,) (ç .', 1, . 1 II *I 3 2 I I 1 •- \ I" •i- ' •Z z coil, I _ 1 1;ri % t.... 1 , t : 3 1 , ', t i - ...1 ' 't 1 2 c ,,, ,), 11.' ; ' \. 1r,1 11 t ‘ • . -- 0,-, , ..%`::"., t‘ / • II T • : ! t , • F I , , • - 1 i , .4!,/ ._- -1.-111 ,..., - •\\ . •4! : .-i•- .-,--1.1../... iri ... - .._ ...i, \.........- P I It it •i• , 1 %•-: Air I t 1 ql 1, 0 I t.• • t • , 'Z..' 4 i t...t.- . I ....' 1°- 1—---•ai-' r r---, ,- – • -, . ‘i 01. 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O O t.'a 09 O tOJ11 O C-0JI O a Cu7 !O-f OU n i 1.2 (n i Cr I in 1 ' an -4 i .. c.. an I 4J .G •r V M V N C11 -J Cr. 0 0 y - CA O is t.•I J O O O e0y CC.. # 1 1 ,, yy pp tl�j I t.'. 0 0 0 0 C? an an O P O Q ..pp I... !1 O !? t7 0U j N 1 M • 1 I H• Y 1 SJ a .1 ca 4i V La1 1.1 CA O Q D Co . . '.. O - CITYOF . q • 1 i CHANHASSEN ,.,,„.4 IR ,. I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I MEMORANDUM I TO: JoAnn Olsen, Senior Planner II FROM: Mark Littfin, Fire Marshal DATE: July 11 , 1990 I SUBJ : #90-7 Site Plan - Retail Mall - Bloomberg Addition 1 . Install "no parking I pa k g fire lane" signs per Fire Department requirements . II2 . Indicate new location of fire department sprinkler connection for approval . 3 . Radius cuts must be approved by City Engineering. II II II II I . I II II 11 • CITYOF 044 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Paul Krauss , Planning Director 1 FROM: Charles Folch, Assistant City Engineer DATE: July 24 , 1990 ' SUBJ: Site Plan Review for a Retail Mall Building on Lot 2 , Block 1 , Bloomberg Addition - Frontier Center File No. 90-19 Land Use Review The site plan proposes an 11 ,822 square foot retail mall building ' on property zoned CBD and located on Lot 2, Block 1, Bloomberg Addition Frontier Center. ' A search of previous history of the property reveals that is was until recently the site of a larger building. This previous building was removed in conjunction with the construction of the ' Country Hospitality Suites improvement project. The parking lot facility to serve this building has been previously approved and is being constructed under the Country ' Hospitality Suites public improvement contract. The majority of the site has been and will continue to be impervious surface. The roof drainage system is proposed to tie directly into a storm ' sewer system (to be constructed under the Country Hospitality Suites contract) . An existing sanitary sewer line is available for service in the northeast corner of the site. A multiple connection water service is also available from the existing building to the east. However, an individual water service should be acquired from the existing 8-inch watermain under the proposed parking lot (Country Hospitality Suites project) . ' Due to the timing of the parking lot construction under the Country Hospitality Suites contract, it is recommended that these utility improvements be installed as soon as possible to avoid disturbance of the new parking lot. 1 1 II Paul Krauss r July 24, 1990 Page 2 RECOMMENDATIONS 1 . A separately metered, privately owned and maintained water ' service shall be installed and connected to the existing 8-inch watermain under the proposed parking lot (see attachment) . 2 . The proposed building facility' shall disconnect and remain permanently disconnected from the existing water service extending from the building to the east. 3 . In the interest of time, if the new water service is constructed by the City to protect the integrity of the new parking lot pavement, the owner agrees to reimburse the City for the cost of said work. CDF:ktm Attachment 1 1 1 M.-0.r..f..Mnft:L;;S:i;rtann10,44t:-,:t :M. :' . .•-:''''..'''' - :.:`,'...:''...;`.'-4*'''''',.. ""i4.'4.-F.: ".:'''' '''''-'''''''''',';'-''''.4'-':''''.:'; :': ."'''''.:'.'4-f'-'4::*1-'Tt.L':!:-f., = -•i- r--,‘-z....=,.., -1----S: -- R ---E— ----—____--, -- : .- 4., — V _ _ .--.......-...4...... I r) •••C - . 2.0• 0 0er 1 2 .- • -1 1111111111.111111111111WAft& \-15 5 r.VI (.,• ,z.c.' w I I _, , •. % i -r IoN) p I , ,4Fr -1-1 • 0 -1 c:,-r I C-2, C' 0 ,n ■•C' Of - ii - 0 _••••o 0 t...% cr. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 MEMO DATE (mm/dd/yy) : 08/09/90 1 TO: Jo Ann Olsen TITLE/TO: Senior Planner FROM: Steve A. Kirchman TITLE/FROM: Building Official 1 SUBJECT: Planning Case 90-7 Site Plan Review 1. Buildings may not cross property lines. Property must be replatted to remove property lines within buildings . 1 2. Separate buildings constructed on the property lines must be constructed in accordance with chapter 5 of the 1988 UBC. Opening protection shall be as II specified in table 5-A. As an example no openings are permitted on walls within 5 feet of a property line. 3. Building size is limited by the type of construction, number of stories, fire sprinklers and open area around the building in accordance with chapter 5 and table 5-C of the 1988 UBC. Area Separation walls constructed as specified in Chapter 5 of the 1988 UBC may be used to increase floor area. , 4 . The covered mall building must be constructed in accordance with chapter 56 of the 1988 UBC. 1 1 1 1 I aim iiiii .iii iiii are we 5601-5802 UNIFORM BUILDING CODE - 1988 EDITION 5602-5603 Chapter 56 parking garages are adjoined by public ways,streets or yards not less than 60 feet in width along all exterior walls. COVERED MALL BUILDINGS Special Provisions NOTE:This chapter has been relocated in its entirety from Sec.5603.(a)Automatic Sprinkler Systems.The covered mall building shall Appendix Chapter 7,Division I. be provided with an automatic sprinkler system conforming to the provisions of U B.C.Standard No.38-1.In addition to these standards,the automatic sprinkler General system shall comply with the following: Sec.5601.(a)Purpose.The purpose of this chapter is to establish minimum 1. All automatic sprinkler system control valves shall be electrically super- standards of safety for the construction and use of covered mall buildings having vised by an approved central,proprietary or remote station or a local alarm not more than three levels. service which will give an audible signal at a constantly attended location. (b)Scope.The provisions of this chapter shall apply to buildings or structures 2. The automatic sprinkler system shall be complete and operative throughout defined herein as covered mall buildings. all occupied space in the covered mall building prior to occupancy of any of This chapter does not apply to terminals for transportation facilities and lobbies the tenant spaces. The level of protection provided for unoccupied tenant of hotel,apartment and office buildings. space shall be subject to the approval of the building official and fire Covered mall buildings conforming with all other applicable provisions of this department. code are not required to comply with the provisions of this chapter. 3. Sprinkler protection for the mall shall be independent from that provided for (c)Definitions. For the purpose of this chapter,certain terms are defined as _ tenant spaces.However,tenant spaces may be supplied by the same system follows: if they can be independently controlled. ANCHOR STORE is an exterior perimeter department store or major mer- The respective increases for area and height for covered mall buildings,includ- chandising center having direct access to a covered mall building but having all ing anchor stores, specified in Sections 506 and 507 of this code, shall be required exits independent of a mall. permitted. COVERED MALL BUILDING is a single building enclosing a number of (b)Standpipes.There shall be a Class 1 standpipe outlet connected to a system tenants and occupancies such as retail stores,drinking and dining establishments, sized to deliver 250 gallons per minute at each of the following locations for fire entertainment and amusement facilities,offices and other similar uses wherein department use: • two or more tenants have a main entrance into one or more malls. 1. Within the mall at the entrance to an exit passage or exit corridor. ,GROSS LEASABLE AREA is the total floor area designed for tenant occu- 2. At each floor level landing within enclosed stairways opening directly onto parley And exclusive use. The area of tenant occupancy is measured from the the mill and adjacent to principal exterior entrances to the mall. center lines of joint partitions to the outside of the tenant walls.All tenant areas, Standpipes shall be installed in accordance with the requirements of Chapter 38 .including.areas used for storage,.ball be included in calculating gross leasable of this code. area. EXCEPTIONS: I Risers and laterals of Class I standpipe systems not located MALL is a roofed or covered common pedestrian area within a covered mall within an enclosed stairway need not be protected by a degree of fire resistance equal building which serves as access for two or more tenants and may have three levels to that required for vertical enclosures in the covered mall building. that are open to each other. 2. Piping may be hydraulically sized. (d)Applicability of Other Provisions.Except as specifically required by this Standpipes in covered mall i•:tildings exceeding 50,000 square feet shall be chapter,covered mall buildings shall meet all applicable provisions of this code. charged with water.The source of water may be either by interconnection with the sprinkler system or may be connected with the domestic water supply by a Types of Construction and Required Yards for Unlimited Area minimum of 1-inch-diameter pipe.The domestic water supply connection shall be Sec.5602.(a)Type of Construction.One-and two-level covered mall build- provided with an approved backflow device. ings may be of any type of construction permitted by this code. Three-level (c) Smoke-control System. 1. Required. A mechanically operated air- covered mall buildings shall be at least Type II One-hour construction, handling system shall be installed in covered mall buildings which will restrict the Anchor stores and parking garages shall be limited in height and area in movement of smoke to the general area of fire origin and maintain the exiting accordance with Sections 505,506 and 507. system in a condition that is safe for exiting. Ii (b)Required Yards for Unlimited Area. Covered mat?buildings may be of E .-2. General.The smoke-control system shall be connected to both the span- unlimited area,provided the covered mall building,attached anchor stores and i kicr system and the sr ke detector system and shall automatically operate when 794 795 i , - 5603 UNIFORM BUILDING CODE 1988 EDITION 5603-5604 (e)Tenant Separation.Each tenant space shall be separated from other tenant either the sprinkler system or smoke detector system is actuated. The smoke- spaces by a wall having a fire-resistive rating of not less than one hour. The control system shall go into operation immediately following actuation of the separation a.vall sl,hll extend from the floor to the underside of the ceiling above. smoke detector. The smoke-control system shall also be capable of manual Except as required by other provisions of this code,the ceiling need not be a fire- operation. A smoke detector shall be provided within the return-air portion of Except assembly. A other provisions f thisco between any tenant space and -a ire- heating and cooling systems exceeding 10,000 cfm. The detector shall be in- mall except for occupancy separations required by Section 5605 or for smoke- stalled ahead of any fresh-air intake.Smoke detectors shall also he provided on the control purposes. tenant side at openings into the mall where open-type security grilles are used. (f)Public Address System.Covered mall buildings exceeding 50,000 square The smoke-control system shall be as follows: A. The smoke-control equipment for the mall shall be separate from that feet in total floor area shall be provided with a public address system accessible or use by the fire department.Covered mall buildings of 50,000 square feet or less in serving tenant spaces. total floor area, when provided with a public address system, shall have such B. The covered mall building shall be compartmented into smoke-control system accessible for use by the fire department. zones.Except for openings between the mall and tenant spaces,smoke-control (g) Plastic Panels and Plastic Signs. Within every story or level and from zones shall be separated from each other by construction having a fire-resistive time period of not less than one hour.Walls between tenant spaces used to separate sidewall to sidewall of each tenant space or mall, approved plastic panels and smoke-control zones shall extend from the floor to the underside of the floor or signs shall be limited',as follows: roof above. 1. They shall not exceed 20 percent of the wall area facing the mall; C.A smoke control zone shall coincide with the area of coverage of a single 2. They shall not exceed a height of 36 inches except that if the sign is vertical sprinkler supply.Within that sprinkler zone there may be one or more air-moving then the height shall not exceed 96 inches and the width shall not exceed 36 systems but no single smoke-control zone shall be larger than the sprinkler area. inches; D.When a fire occurs within a tenant sprinkler zone,that zone is to go to i 00 3 They shall be located a minimum distance of 18 inches from adjacent percent exhaust and the supply air to that zone is to be shut down All adjoining tenants, tenant areas are to go into normal operation.The mall itself shall go to 100 percent (h) Lease Plan. Each covered ma'l building owner shall provide both the fresh air supply. building and fire departments with a lease plan showing the location of each E.When a fire occurs within the mall,the mall smoke-control equipment shall occupancy and its exits after the Certificate of Occupancy has been issued.Such go to 100 percent exhaust and the adjoining tenant spaces shall go into normal plans shall be kept current.No modifications or changes in occupancy or use shall operation. be made from that shown on the lease plan without prior approval of the building F.The mall smoke-control equipment shall be sized to provide a minimum of official. six air changes per hour for malls 600,000 cubic feet or less in volume and four air (i)Mixed Type of Construction.Openings between an anchor store of Type I, changes per hour for malls of greater size.The volume of the mall is measured II-F R.or 11 One-houur construction and the mall need not be protected. from the entrance to tenant spaces and to a height of 12 feet above each pedestrian (j)Standby Power.Covered mall buildings exceeding 50,000 square feet shall area. • be provided with standby power systems which are capable of operating the public I'+ G.Mall exhaust inlets shall be not less than 6 feet above the walking surface for address system,the,exit signs,emergency lighting,the smoke control activation each pedestrian level. system and the smoke control equipment from four adjacent zones acting simulta- H. During those hours when the building air-conditioning systems are not neously. operating,smoke detector or sprinkler systems shall be designed so the activation of either will transmit an alarm as required in Subsection(a),Item No. 1,of this Exits section and shall activate the smoke-control system. Sec.5604.;a)General.Each tenant space and the covered mall building shall 3. Acceptance testing. Before the smoke-control system is accepted by the be provided with exits as required by this section and Chapter 33 of this code. Where there is a conflict between the requirements of Chapter 33 and the require- building official,it shall be tested in his presence to confirm that the system is menu of this section,the requirements of this section.shall apply. ! operating in compliance with the requirements of this subsection. " (d) Fire Department Access to Equipment. Rooms or areas containing (b)Determination of Occupant Load. The occupant load permitted in any ( ) p g individual tenant space in a covered mall building shall be determined as required controls for air-conditioning systems, automatic fire extinguishing systems or by Section 3302 of this code.Ea.t requirements for individual tenant spaces shall - i other detection,suppression or control elements shall be identified for use by the be based on the occupy tt load thus determined.um me iiiiii no furtme� ma - IIIIII MI - XI 79_ idifir ail dif ilia NM dIIII iiii iiii iii Will WM IN al di gill 111111 Ill di 411 5604 UNIFORM BUILDING CODE 1988 EDITION 5604-5605 The occupant load permitted for the covered mall building, assuming all (g)Malls.For the purpose of providing required egress,malls may be consid- portions,including individual tenant spaces and the mall to be occupied at the ered as corridors but need not comply with the requirements of Section 3305(g) same time, shall be determined by dividing the gross leasable area by 30 for and(h)of this code when the width of mall is as specified in this section. covered mall buildings containing up to 150,000 square feet of gross leasable area,by 40 for covered mall buildings containing between 150,001 and 350,000 The minimum width height the mall shall bee feet.There shall be a minimum of square feet of 10 feet clear width to a height of 8 feet between any projection from a tenant space q gross leasable area,and by 50 for covered mall buildings containing i bordering the mall and the nearest kiosk, vending machine, bench, display or more than 350,000 square feet of gross leasable area. Exit requirements for the covered mall building shall be based on the occupant load thus determined. other ant loslou a egress. The mall h shall be sufficient to accommodate the The occupant load of anchor;cores opening into the mall shall not be included occupanad d obstruction immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply in determining exit requirements for the mall. with the requirements of Section 3305(g)and(h)of this code. (c)Number of Exits.When the distance of travel to the mall exceeds 75 feet within the public area of a tenant space or when the occupant load served by the (h)Security Grilles and of a re.Horizontal sliding a vertical conform to the or exit to the mall exceeds 50,not less than two exits shall be provided.The occupant following: doors which are a part of a required means of egress shall conform to the P following: load of a public sales area shall be computed at 30 square feet per occupant. Occupant loads for other areas shall be computed in accordance with Table No. I I. They must remain secured in the full open position during the period of 33-A. occupancy by the general public. (d)Arrangement of Exits. Group A, Divisions 1, 2 and 2.1 Occupancies, 2. Doors or grilles shall not be brought to the closed position when there are other than drinking and dining establishments,sl-all be so located in the covered more than 10 persons occupying spaces served by a single exit or 50 persons mall building that their entrance will be immediately adjacent to a principal occupying spaces served by more than one exit. entrance to the mall and shall have not less than one half of their required exits 3. The doors or grilles shall be openable from within without the use of any opening directly to the exterior of the covered mall building. special knowledge or effort when the space is occupied. Required exits for anchor stores shall be provided independently from the mall 4. When two or more exits are required,not more than one half of the exits may exit system. be equipped with horizontal sliding or vertical rolling grilles or doors. Malls shall not exit through anchor stores.Malls terminating at an anchor store Occupancy where no other means of exit has been provided shall be considered as a dead-end Sec.5605.(a)General.Covered mall buildings shall be classified as Group B, • mall. Division 2 Occupancies and may contain accessory uses consisting of Groups A, (e)Distance to Exits. Within each individual tenant space in a covered mall E or R,Division I Occupancies.The area of individual accessory uses within a building the maximum distance of travel from any point to an exterior exit door, covered mall building shall not exceed three times the basic area permitted by horizontal exit,exit passageway,enclosed stairway or entrance to the mall shall Table No. 5-C of this code for the type of construction and the occupancy not exceed 200 feet. involved.The aggregate area of all accessory uses within a covered mall building The maximum distance of travel from any point within a ma:l to an exterior exit shall not exceed 25 percent of the gross leasable area. door,horizontal exit,exit passageway or an enclosed stairway shall not exceed An attached garage for the storage of passenger vehicles having a capacity of 200 feet. not more than nine persons and open parking garages may be considered as separate buildings when they are separated from the covered mall building by an (f)Access to Exits.Exits shall be so arranged that it is possible t:go in either occupancy separation having a fire-endurance time period of at least two hours. direction from any point in a mall to a separate exit, except for dead ends not exceeding a length equal to twice the width of the mall measured at the narrowest (b)Mixed OccupatinctI Occupal tenant spaces bedhin a Chapters 5,6,7,building, 11 location within the dead-end portion of the mall. which comprise a distinct"Occupancy,"as described in Chapters 5,6,7,8, 1] The minimum width of exit from a mall shall be 66 inches. and 12 of this code,shall be separated from any other occupancy as specified in When exit passageways are present to provide a secondary exit from a tenant Section 503 of this code. E space,doors to the exit passageway shall be one-hour fire doors.Such doors shall Lion XCF'TION: A main entrance which opens onto a mall need have no separa- be-selfrclosing and be so maintained or shall be automatic closing by smoke detector actuation. Storage is prohibited in exit passageways which are also used for service to the Chapters 57-59 tenants.Such exit passageways shall be posted with conspicuous signs so stating. NO REQUIREMENTS 798 799 I ! I ) ,i,, ,,,‘, , ,. . ...., r ..., T., ii1P. I , ■ l'.?'\ ./ /9 \'1 \\ \ ' w . • di: I! I c.)! 2 , 1\ .1\ • Id 1 Z 5 , TO \\ ' rciz : ? 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