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CAS-08_PLANNING CASE NO. 2019-080 CK Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter DaNid S. Kendall Kurt S. Fischer Thomas J. Campbell* *Mt;red Grand Oak Office Center 1 860 Blue Gentian Road Suite 290 Eagan, Minnesota S5121 Main: 651-452-5000 Fix: 651-234-6237 %, N, %l.ck-law.conn CAMPBELL KNUTSON November 27, 2019 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed, for the City's files, the following documents that have been recorded with Carver County: Site Plan Agreement #2019-08 with Chanhassen Butcher, LLC, recorded on September 30, 2019 as Document Nos. T211214 and A683777; and 2. Variance 2019-14 recorded October 21, 2019 as Document No. T211458. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean . Olson, Legal Assistant fjmo Enclosures CITY OF CHANHASSEN RECEIVED DEC 02 2019 sctiuN=D CHANHASSEN PLANNING DEPT 202980v4 Ll n LJ Document #: T211214 Date: 09-30-2019 Time 1:17 PM Pages: 10 Cert # 40DD4.0 Filing Fee: $46.00 Paid on 09-30-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis Registrar of Titles Document #: A683777 Date: 09-30-2019 Time 1:17 PM Pages: 10 Recording Fee: $46.00 Paid on 09-30-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder This cover page has been added to this document by Carver County Land Records and Is now an official part of this recorded document CITY OF CHANHASSEN RECEIVED DEC 02 2019 CHANHASSEN PLANNING DEPT 0 0 CITY OF CHANHASSEN SITE PLAN AGREEMENT # 2019-08 TEQUILA BUTCHER SPECIAL PROVISIONS AGREEMENT dated September 9, 2019, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Chanhassen Butcher, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Site Plan Approval The Developer has asked the City to approve a site plan for a restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover (referred to in this Agreement as the "project"). The land located in Carver County, Minnesota, is legally described as Lot 4, Block 1, Crossroads Plaza Yd Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Agreement and famish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan prepared by CNH Architects, dated 08/22/19. Plan B - Grading Drainage and Erosion Control Plans prepared by Westwood Professional Services, Inc., dated 08/16/19. Plan C - Landscaping Plan prepared by CNH Architects, dated 08/22/19. Plan D - Floor/Furniture Plan Exterior Elevation prepared by CNH Architects, dated 08/22/19. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 30, 2019. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 0 5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $8,800.00 (erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer. its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Rheata Donatell Chanhassen Butcher, LLC 14663 Quebec Place Savage, MN 55378 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover subject to the following conditions: Building a. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. b. Building plans must include a code analysis that contains the following information: Key plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non -separated, Fire resistive elements (Ext. walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. c. Detailed occupancy related requirements will be addressed when complete building plans are submitted. n u Is Engineering a. All newly proposed pedestrian access routes shall be ADA compliant. b. An Encroachment Agreement Application shall be filed for any structures places in public drainage and utility easements. c. Grading plans shall be updated to include erosion control Best Management Practices upon submittal of building permits. d. Site plan shall be updated upon submittal of building permits to include: 1) Legend 2) Engineering scale 3) Vicinity map 4) Existing utilities (and services) 5) Detail plates 6) Call 811 notes Fire a. Remodel of interior will require separate fire sprinkler, fire alarm, and kitchen hood suppression system permits. b. Sprinklers will possibly be required under exterior covered patio ceiling. Planning a. The applicant shall enter into a Site Plan Agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The applicant shall install an additional over -story tree to the southeast of the south deck. 8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A" and incorporated herein. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. CITY OF CHANHASSEN R /% BY: Jliss)7LW Mayor AND: ^"' Todd Gerhardt, City Manager 0 STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) w The foregoing instrument was acknowledged before me this.�U+day ojS�20_a, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1 NOTARY P BLI KIM T. MEUWISSEN Notary Public -Minnesota My Comrission Expires Jan 31. 2025 CHANHASSEN BUTCHER, LLC Rheata Donatell, owner/Manager STATE OF MINNESOTA ) (ss. COUNTY OF A/1d ) The foregoing instrument was acknowledged before me this // day of Sr 20Rheata Donatell, Owner/Manager, of Chanhassen Butcher, LLC, a Minnesota Limited Liability Company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 TARY PUBLIC #AM NTA1/2022 4 0 CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT "A" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this site plan agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of Site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean Up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease fire at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder. the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporaryjob site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Agreement. D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordine. This Agreement shall rum with the land and may be recorded against the title to the property. 1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, 0 0 available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 am. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. if soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws Ordinances and ReauMons. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: l . City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer conceming the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. • CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this 17 day of s' ;" 20_ ay Scott, Presiden reasurer STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _a day of 20-6 by Jay Scott, President Treasure of Chanhassen West 79' Street, LLC, a Minnesota Limited Liability Company. JEAN M SAVAGE NOTARY PUBLIC PUBLICNOTARY 011 DRAFTED BY: My COMMISSION EXPIRES 0 120 City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 • MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT Charter Bank , which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this 1441day of S iP �- 20 (R . CHARTER BANK By Troy Werk STATE OF MINNESOTA �Q r'Ltr✓ (ss. COUNTY OF ) 1 The foregoing instrument was acknowledged before me this day of �QP Wtil 20 ,by NeIK Market President of Charter Bank on behalf of the entity. NOTARY PUBLIC JEAN M SAVAGE NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/20 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 CI TY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM OF UNDERSTANDING TO: Jay Scott Solomon Real Estate Group FROM: Kate Aanenson AICP, Community Development Director Mr - City Of Chanhassen DATE: October 15, 2019 SUBJ: West 79'^ Street Parking Lot WHEREAS: As a part of the redevelopment of the property at 590 79" Street, you (Solomon Real Estate Group) requested additional parking on city -owned property. WHEREAS: The approval of the parking lot required a Watershed District Permit #2019-032. WHEREAS: The city is owner of the said property that is being improved for a parking lot, and as such, had to be the owner signature for the Watershed Permit. THEREFORE: The city negotiated that Solomon Real Estate Group is responsible for maintaining the stormwater facilities associated with the Watershed Permit. Attachment: Riley -Purgatory -Bluff Creek Watershed District Permit #2019-032 gAp1an\2019 planning cases\I9-08 tequila butcher - applebees site 590 w. 791h snr t\memorandum of understending.docx AWNED PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVAPO • PO BOX 147 - f HANHASSEN - MINNESOTA 55317 Riley -Purgatory -Bluff Creek Watershed District 18681 Lake Drive East Chanhassen, MN 55317 Tel: (952)687-1348 PERMIT Expiration Date 2019 - 032 09104/2020 Pursuant to the Rules of the Riley -Purgatory -Bluff Creek Watershed District policies, regulations and criteria, and based upon the statements and information contained in the permit application, letter, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, permission is hereby granted to the applicant named below to conduct the activity described below: i__ •+VIP ^ Property Owner Name: City of Chanhassen ATTN: Todd Gerhardt Business Name: Municipal Government Mailing Address: 7700 Market Blvd City: Chanhassen State: MN Zip: 55317 Email Address: terhardt@ci.chanhassen.mn.us Phone: 952.227.1100 Fax: Representative: Solomon Real Estate — Jay Scott Phone: 651.336.6060 Fax: Email Address: iayscott@solomon.com Name: West 79'" Street Parking Lot PID: 252930040 Address: Market Blvd and West 791" Street City: Chanhassen I State: MN Zip: 55317 Description: Construction of a surface parking lot and associated stormwater BMP. Date of RPBCWD Approved Plans and Specifications: 7/23/19 last revised 9/16/19 J. r ✓ Floodplain Management ❑ Waterbody Crossings ✓ Erosion & Sediment Control ❑ Appropriation of Public Waters ❑ Wetland and Creek Buffers ❑ Appropriation of Groundwater ❑ Dredging and Sediment Removal ✓ Stormwater Management ❑ Shoreline/Streambank Stabilization This Permit is granted subject to the following General Requirements: 1. The RPBCWD Administrator shall be notified at least three days prior to commencement of work. 2. Construction shall be consistent with the plans and specifications approved by the District as a part of the permitting process. The date of the approved plans and specifications is listed on the permit. Authorized Signature: Title: Date: I 'V'�f�,Administrator October 7, 2019 N"" W 0 got CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow September 10, 2019 Mr. Rheata Donatell Chanhassen Butcher, LLC 14663 Quebec Place Savage. MN 55378 Re: Planning Case #2019-08, Tequila Butcher Dear Mr. Donatell: This letter is to confirm that on September 9. 2019. the Chanhassen City Council approved the restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover subject to the following conditions: Building 1. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 2. Building plans must include a code analysis that contains the following information: Key plan, Occupancy group, Type of construction. Allowable height and area, Fire sprinklers, Separated or non -separated, Fire resistive elements (Ext. walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. 3. Detailed occupancy related requirements will be addressed when complete building plans are submitted. Engineering l . All newly proposed pedestrian access routes shall be ADA compliant. 2. An Encroachment Agreement Application shall be filed for any structures placed in public drainage and utility easements. 3. Grading plans shall be updated to include erosion control Best Management Practices upon submittal of building permits. 4. Site plan shall be updated upon submittal of building permits to include: a. Legend b. Engineering scale c. Vicinity map d. Existing utilities (and services) SCMANED e. Detail plates f. Call 811 notes PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN MINNESOTA 55317 Mr. Rheata Donatell Planning Case #2019-08, Tequila Butcher September 10, 2019 Page 2 Fire 1. Remodel of interior will require separate fire sprinkler, fire alarm, and kitchen hood suppression system permits. 2. Sprinklers will possibly be required under exterior covered patio ceiling. Planning 1. The applicant shall enter into a Site Plan Agreement with the city and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall install an additional over -story tree to the southeast of the south deck. Enclosed is a Site Plan Agreement for the above -referenced project. Please execute the Agreement, have the Owner's Consent executed by Chanhassen West 79`h Street, LLC and have the Mortgage Holder Consent executed, if applicable. Submit the security specified in the Agreement ($8,800.00) in the form of a letter or credit or cash escrow for erosion control and landscaping improvements. A building permit must be applied for and received prior to beginning site construction. The Site Plan Agreement must be executed and recorded prior to receiving a building permit. The West 79 h Street parking lot is being reviewed and approved through a right-of-way permit process with the Engineering Department. If you have any questions or need more information, please contact me at (952) 227-1131 or by email at beenerous(a)ci chanhassen.mn.us. Sin Robert Generous, AICP Senior Planner Enclosure c: Jay Scott, Chanhassen West 79'h Street, LLC ec: Kate Aanenson, Community Development Director Erik Henricksen, Project Engineer Todd Gerhardt, City Manager Jason Wedel, Director of Public Works/City Engineer Jill Sinclair, Environmental Resource Specialist Eric Tessman, Building Official Andy McConville Quinn S. Hutson, CNH Architects g;\pbn\2019 planting cases' 19-08 tequila butcher - applebees site 590 w. 791h S"t rappmval lwer.dmx CITY OF CHANHASSEN SITE PLAN AGREEMENT # 2019-08 TEQUILA BUTCHER SPECIAL PROVISIONS AGREEMENT dated September 9, 2019, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Chanhassen Butcher, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover (referred to in this Agreement as the "project"). The land located in Carver County, Minnesota, is legally described as Lot 4, Block 1, Crossroads Plaza Yd Addition, Carver County, Minnesota. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enters into this Agreement and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan prepared by CNH Architects, dated 08/22/19. Plan B - Grading, Drainage and Erosion Control Plans prepared by Westwood Professional Services, Inc., dated 08/16/19. Plan C - Landscaping Plan prepared by CNH Architects, dated 08/22/19. Plan D - Floor/Fumiture Plan Exterior Elevation prepared by CNH Architects, dated 08/22/19. 4. Time of Performance. The Developer shall install all required screening and landscaping by November 30, 2019. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Agreement, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $8,800.00 (erosion control and landscaping). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURESFOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Mr. Rheata Donatell Chanhassen Butcher, LLC 14663 Quebec Place Savage, MN 55378 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. City Council approves a site plan for restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover subject to the following conditions: Building a. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. b. Building plans must include a code analysis that contains the following information: Key plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non -separated, Fire resistive elements (Ext. walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. c. Detailed occupancy related requirements will be addressed when complete building plans are submitted. Engineering a. All newly proposed pedestrian access routes shall be ADA compliant. b. An Encroachment Agreement Application shall be filed for any structures places in public drainage and utility easements. c. Grading plans shall be updated to include erosion control Best Management Practices upon submittal of building permits. d. Site plan shall be updated upon submittal of building permits to include: 1) Legend 2) Engineering scale 3) Vicinity map 4) Existing utilities (and services) 5) Detail plates 6) Call 811 notes Fire a. Remodel of interior will require separate fire sprinkler. fire alarm, and kitchen hood suppression system permits. b. Sprinklers will possibly be required under exterior covered patio ceiling. Planning a. The applicant shall enter into a Site Plan Agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. The applicant shall install an additional over -story tree to the southeast of the south deck. 8. General Conditions. The general conditions of this Agreement are attached as Exhibit "A" and incorporated herein. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. CITY OF CHANHASSEN M. AND: Elise Ryan, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _day of , 20_, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC CHANHASSEN BUTCHER. LLC WA STATE OF MINNESOTA ) Rheata Donatell, Owner/Manager (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_ by Rheata Donatell, owner/Manager, of Chanhassen Butcher, LLC, a Minnesota Limited Liability Company. DRAFTED BY: City of Chanhasar 7700 Marko Bminwd P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC 4 0 CITY OF CHANHASSEN SiTE PLAN AGREEMENT EXHIBIT "A" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this site plan agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 2. Maintenance of Site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean Up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be wan -anted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. 5 A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default. not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Agreement. D. Breach of Contract. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. prase of this E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or p Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occunancv. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recordinu. This Agreement shall run with the land and may be recorded against the title to the property. d upon the City s cumulative and in I. Remedies. Earight, power o ear or remedy, confexpress or implied, nowior hereafter arising, addition to everyother right, power Y. P� available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws Ordinances. and Regulations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 1 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 20_ Jay Scott, President/Treasurer STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of > 20� by Jay Scott, President/rreasure of Chanhassen West 79' Street, LLC, a Minnesota Limited Liability Company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT Charter Bank which holds a mortgage on the subject property, the development of which is governed by the foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of 20— STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 0 Generous, Bob From: Quinn Hutson <ghutson@cnharch.com> Sent: Thursday, September 5, 2019 8:41 AM To: Generous, Bob Subject: FW: 19064 FW: Tequila Butcher Please see the information below from Tequila Butcher regarding cost estimates and the Chanhassen Butcher, LLC Owner's name. I believe you still need the Chanhassen West 791h Street, LLC Owner name / title and indication on mortgage holder if any. I will ask about those items as well. Quinn S Hutson, AIA, LEED AP Principal Direct952-997-4583 Cell612-790-7943 tifa cNh► Confidentiality Notice: This message and any attachments are fort he sole use of the addressee(s) and may contain privileged and/or proprietary information. If you are not the intended recipient, you are hereby notified that any dissemination or duplication of this message is strictly prohibited. If you are not the intended recipient, please notify us immediately by reply email and destroy all copies of this message. Thank you. From: Blaine Eggum <blaine@northland-commercial.com> Sent: Thursday, September 5, 2019 8:18 AM To: Quinn Hutson <ghutson@cnharch.com> Cc: Josh Egner <jegner@jtegner.com>; Tony Donatell <loneoakmarket@gmail.com> Subject: Re: 19064 FW: Tequila Butcher Quinn, Thank you! The landscape is estimated at $7,400 and silt fence at $600.00. Rheata Donatell as owner/manager will be signing the agreement for the site plan. Let me know if you need anything else. Thanks, Blaine Sent from myiPhone On Sep 4, 2019, at 10:22 AM, Quinn Hutson <ahutsonCalcnharch.com> wrote: ,�ZlkltO VP Hi Blaine and Josh, First of all, congratulations on the approval last night! I wasn't worried but nice to be past that step. I received the email below from Bob Generous with items he needs for the final site plan agreement document. Can you please gather this and either get back directly to Bob, or send through me if you prefer. 0 Thanks, Quinn S Hutson, AIA, LEED AP Principal Direct952-997-4583 Cell612-790-7943 <image002.png> Confidentiality Notice: This message and any attachments are for the sole use of the addressee(s) and may contain privileged and/or proprietary information. If you are not the intended recipient, you are hereby notified that any dissemination or duplication of this message is strictly prohibited. If you are not the intended recipient, please notify us immediately by reply email and destroy all copies of this message. Thank you. From: Generous, Bob<bgenerousCdci.chanhassen.mn.us> Sent: Wednesday, September 4, 2019 10:15 AM To: Quinn Hutson <ghutsonCnlcnharch.com> Cc: Andy McConville <andymcconvilleCdsolomonre.com> Subject: Tequila Butcher Quinn, For the required site plan agreement. I will need: Cost estimate for site landscaping. Cost estimate for site erosion control. The name and title of the person authorized to enter into the site plan agreement for Chanhassen Butcher, LLC. The name and title of the person authorized to enter into consent to the site plan agreement for Chanhassen West 79th Street, LLC IF there are any mortgages on the property, the mortgage holder will need to sign a consent to the site plan agreement. M. <image008.png><image003.png> Robert Generous, AICP Senior Planner CITY OF CHANHASSEN PH. 952.227.1131 FX. 952.227.1110 www.ci.chanhassen.mn. u s <i mage004. png><image005.png> R� Z)�+9-0� E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Chanhassen Butcher, LLC and Chanhassen West 70 Street, LLC for Site Plan review with a variance for hardcover. On September 3, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chanhassen Butcher, LLC and Chanhassen West 791' Street, LLC for Site Plan Review to add exterior patio decks of 677 square feet and 900 square feet to a one-story restaurant building with a variance to the site hardcover on the property located at 590 W. 79d' Street. The Planning Commission conducted a public hearing on the proposed conditional use and site plan, which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Highway and Business Services District (BH). 2. The property is guided by the Land Use Plan for Commercial uses. 3. The legal description of the property is: Lot 4, Block 1, Crossroads Plaza 3rd Addition, Carver County, Minnesota 4. Site Plan. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a. The proposed development, an expansion on the existing restaurant development of the property, is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements and meets all the specifications of City Code subject to compliance with the Conditions of Approval and approval of the hard cover variance; C. The proposed development will preserve portions of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed areas; SCANNED d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates functional and harmonious design for structures and site features, with special attention to the following: An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and the general community; 2. The amount and location of open space and landscaping; 3. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Variance — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The zoning of the property limits hard cover to 65 percent. As originally approved, the site was given a variance to permit a restaurant with a liquor license, which requires a significant amount of parking, relative to other commercial uses. Had the property been located north of the railroad tracks, there would not be a hardcover limitation and no variance would be required. The use is a permitted use in the zoning district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The proposed patio area is consistent with other restaurant uses in the community. By adding the roof over the southerly patio, they created additional hardcover. In addition, the city is requiring that they install more sidewalks on the site, further increasing the hardcover. C. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations, but allows for a restaurant operation consistent with their business model. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in a zoning district that has severe limitations on hardcover, but permits uses that require significant parking standards. The proposed development has a floor area ratio (F.A.R.) of only 0.14. Normally, commercial uses have a F.A.R. of 0.2 or higher. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed patios are very similar to the patios on the restaurants directly to the east of the site. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 6. The planning report #2019-10 dated September 3, 2019, prepared by Robert Generous, et al, is incorporated herein. 0 0 RECOMMENDATION The Planning Commission recommends that the City Council approve the Site Plan with variance for hardcover subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 31 day of September, 2019. CHANHASSEN PLANNING COMMISSION m g:\plan\2019 planning cases\19-08 tequila butcher - applebees site 590 w. 79th street\findings of fact tequila butcher.docx PLANNING COMMISSION STAFF REPORT Tuesday, September 3, 2019 Subject Consider a Request for Site Plan Review with a Variance for Hard Cover for Expansion of a Restaurant located at 590 West 79th Street Section PUBLIC HEARINGS Item No: C.I . Prepared By Bob Generous. Senior Planner File No: Planning Case No. 2019-05 The Chanhassen Planning Commission recommends that City Council approve the restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover subject to the conditions of the staff report; and adopts the Findings of Fact and Recommendation. SUMMARY OF RRQ I( E Consider Site Plan Review request with a variance for hard cover for expansion of restaurant to add two exterior seasonal patios, one with a partial roof cover with a variance for hard cover. APPLICANT Chanhassen Butcher, LLC and Chanhassen West 79th Street, LLC SITE INFORMATION PRESENT ZONING: Highway and Business Services District, BH LAND USE: Commercial ACREAGE: 1.24 acres (54,014 SF) DENSITY: FAR- 0.14 APPLICATION REGULATIONS Chapter 20, Article 2, Division 3, Variances Chapter 20, Article 2, Division 6, Site Plan Review Chapter 20, Article XVB, "BH" Highway and Business Services District Chapter 20, Article XXBI, Division 7, Design Standards for Commercial, Industrial and Office-hrstfiRional Developments siNMD BACKGROUND On February 26, 1996, City Council approved a site plan for a 5,500 square -foot restaurant with a five percent hardcover variance to permit 70 percent hardcover, and denied a variance to permit two wall signs. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Site Plan #2019-08 to permit the construction of two exterior patios with a variance to permit an additional 946 square feet of hardcover for a total of 73 percent hardcover, plans prepared by CNH Architects dated 8/22/19, and Westwood dated 8/20/19, subject to the conditions of the staff report; and adoption ofthe Findings of Fact and Recommendation. ATTACHMENTS: o Staff Report o Findings ofFact o Development Review Application 13 Project Narrative o ALTA Survey o Grading and Drainage Plan 0 Floor Plan and Building Elevation o W. 79th Street Parking Lot o Public Hearing Notice and Affidavit of Mailing List U CITY OF CHANHASSEN PROPOSED MOTION: PC A: September 3. 2019 CC DATE: September 9, 2019 REVIEW DEADLINE: October 1, 2019 CASE M 2019-08 BY: RG, EH, DN, JS, ET "The Chanhassen Planning Commission recommends that City Council approve the restaurant expansion to include two exterior patios of 900 and 677 square feet with a variance to permit the addition of 946 square feet of hardcover to permit 73 percent hardcover subject to the conditions of the staff report, and adopts the findings of fact and recommendation." SUMMARY OF REQUEST: Consider Site Plan Review request with a variance for hard cover for expansion of restaurant to add two exterior seasonal patios, one with a partial roof cover with a variance for hard cover. LOCATION: 590 W. 79' Street Lot 4, Block 1, Crossroads Plaza Yd Addition, Carver County, Minnesota PID 252490040 APPLICANT: Chanhassen Butcher, LLC 14663 Quebec Place Savage, MN 55378 (651)331-0620 loneoakmarket@maii.com Chanhassen West 79d' Street, LLC 8560 Kelzer Pond Drive Victoria, MN 55386 (612)439-4632 andvmcconville(&,solomonre.com 590 W. 79' Street, Planning Case 2019-08 September 3, 2019 Page 2 PRESENT ZONING: Highway and Business Services District, BH 2020 LAND USE PLAN: Commercial ACREAGE: 1.24 acres (54,014 sq. ft.) DENSITY: F.A.R. 0.14 LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city's discretion in approving or denying a Site Plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the city must then approve the site plan. This is a quasi-judicial decision. The city's discretion in approving or denying a Variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY Site Plan Review request with a variance for hard cover for expansion of restaurant to add two exterior seasonal patios of 900 and 677 square feet, one with a partial roof cover. The 630 square feet of roof and the additional sidewalks on site exceed the approved hardcover for the parcel. APPLICABLE REGULATIONS Chapter 20, Article 2, Division 3, Variances Chapter 20, Article 2, Division 6, Site Plan Review Chapter 20, Article XVII, `BH" Highway and Business Services District Chapter 20, Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office - Institutional Developments BACKGROUND On February 26, 1996, City Council approved a site plan for a 5,500 square foot restaurant with a five percent hardcover variance to permit 70 percent hardcover and denied a variance to permit two wall signs. On November 13, 1995, City Council approved preliminary and final plat to replat Lot 2, Block 1, Crossroads Plaza 2nd Addition into four lots and site plan review for a 7,742 square foot Tires Plus facility on Lot 1, Block 1, Crossroads Plaza P Addition. J 0 590 W. 791 Street, Planning Case 2019-08 September 3, 2019 Page 3 On March 9, 1992, City Council approved Crossroads Plaza 2"d Addition, which replatted Lots 1 and 2, Block 1, Crossroads Plaza Addition into two lots, and site plan review for an 11,468 square foot bank and office building for Americana Bank on Lot 1, Block 1, Crossroads Plaza 2nd Addition. On February 12, 1989, City Council approve preliminary and final plat for Crossroads Plaza Addition creating two lots and four outlots. Two of the outlots were used for Highway 5 right- of-way and two of the outlots were used for stormwater ponds. SITE CONSTRAINTS Wetland Protection There is not a wetland located on the property. Bluff Protection There are no bluffs on the property. Shoreland Management The property is not located within a shoreland overlay district. F000dplain Overlay This property is not within a designated FEMA floodplain. SITE PLAN REVIEW The applicant is proposing the addition of two patio decks of 900 and 677 square feet. Since staff may only approve a 10 percent increase to an approved site plan (Section 20-108, Chanhassen City Code), the proposed expansion requires site plan review and approval. Additionally, while the decks do not count against hardcover since they permit water to pass through to the ground undemeath, the applicant is proposing a roof over 630 square feet of the attached deck on the south side of the building. This roof area and the additional sidewalks for the property will increase the hardcover by 946 square feet or three percent to 73.1 percent hardcover. The applicant prepared a schematic of how they could potentially meet the hardcover requirements. However in order to do so, they would remove four parking stalls on site. The removal of parking spaces is not in the best interest of the business nor the city. 590 W. 79fl' Street, Planning Case 2019-08 September 3, 2019 Page 4 ARCHITECTURAL COMPLIANCE Size Portion Placement Access to the building is through the existing entrance in the northwest comer of the building. Material and Detail The building is made of reddish -brown brick. The decks will be built of wood with a black, standing seam roof over 70 percent of the south patio deck. Color The decks shall be brown. The fencing around the patio as well as the railing at the deck will both be decorative prefinished metal picket fence style in black. A black, standing seam metal roof will be added above the south patio. Height and Roof Design A black, standing seam metal roof is being added over 70 percent of the proposed southern patio. Facade Transparency The proposed expansion are for open sided patio decks, which are visible from the public right- of-way. Site Furnishing Tables, chairs and umbrellas will be used on the exterior patio decks. Loading Areas, Refuse Area, Etc. Screening of refuse and waste containers is in the enclosure on the east side of the building. Lot Frontage and Parking location Parking is located on the north side of the building. Additionally, there are cross access and parking agreements with the other parcels in the Crossroads development. 0 590 W. 79" Street, Planning Case 2019-08 September 3, 2019 Page 5 ACCESS Vehicular access to the proposed "Tequila Butcher" site, located at 590 W. 79's Street, currently exists via a shared commercial driveway through the eastern property line. There are cross access agreements with all the abutting properties including the Walgreen's site to the west via an internal driveway connecting the properties. No improvements to the existing vehicular access have been proposed with the applicant's submittal, while pedestrian access improvements to the site have been proposed. The applicant is proposing the removal of the existing western sidewalk access point and the addition of two new sidewalk access points: one is located at the southwest corner of the south patio and will provide egress to the new north -south sidewalk; the other is located on the west side of the building providing north/south access from the existing public sidewalk located near the southern property line to the main building. The north/south access sidewalk will also be the main pedestrian route to and from a future parking lot located across W. 79`s Street. All accessibility barriers (e.g. stairs) should be removed and the sidewalks proposed should be fully ADA compliant. EASEMENTS There exists 20-foot public drainage and utility easements on the south and east property lines (abutting W. 79a' Street and the private drive, respectively), and 5-foot public drainage and utility easements on the west and north property lines. The applicant is proposing the installation of fencing and private sidewalks within the public drainage and utility easements and will he required to file for an encroachment agreement with building permits. There are numerous private easements that affect the subject property as identified by the ALTA/NSPS Land Title Survey provided by the applicant. There are cross access and parking agreements with the other parcels in the Crossroads development. The applicant is required to ensure all terms, conditions and obligations of these easements are met prior to construction. GRADING, DRAINAGE AND EROSION CONTROL Minimal site grading is proposed for the proposed expansion. The site is currently developed and grading will be limited to the installation of new sidewalks discussed under the ACCESS section of this report, as the patios will be installed as decking. Grading will require erosion control measures and best management practices (BMPs) be installed. Upon submittal of construction plans for building permits, the applicant shall update the grading plan to include the location of silt fence, bio rolls, concrete washouts, inlet protections, and any other erosion and sediment control BMPs that will be used during construction. The applicant is proposing to improve the existing structure with the installation of two patios. Patio B is completely uncovered, and Patio A has approximately 630 square feet of cover. Including the additional sidewalks (534 square feet), the increase to impervious surface will be 590 W. 79t6 Street, Planning Case 2019-08 September 3, 2019 Page 6 1094 square feet. However, with a reduction of impervious area of 218 square feet from the removal of the western sidewalk access, the total net increase to impervious area is proposed to be 946 square feet. UTILITIES The site is currently served by existing sanitary and water services, however, the site plan does not show existing utilities on or around the property. The applicant will he required to update plans to illustrate the locations of services and include a note on the plans to call 811 for locates prior to any work being performed. No changes to the existing utilities has been proposed at this time. LANDSCAPING The applicant is required by ordinance to provide landscaping around the exterior of the building as well as along the public right-of-way. These items are required with or without approval of the variance. Re uired Proposed Frontage road boulevard trees 5 trees 5 trees The applicant meets ordinance requirements for landscaping. However, rather than providing a rain garden, the applicant shall plant an additional tree, such as a Freeman Maple, in this location. 0 0 590 W. 791 Street, Planning Case 2019-08 September 3, 2019 Page 7 LIGHTING/SIGNAGE Parking lot lighting is currently in place. A new wall sign and shared monument sign are allowed. A separate sign permit is required for each sign. Signage must comply with the sign criteria for the BH District. MISCELLANEOUS Remodel of interior will require separate fire sprinkler, fire alarm, and kitchen hood suppression system permits. Sprinklers will possibly be required under the exterior covered patio ceiling. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. Building plans must include a code analysis that contains the following information: Key plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non -separated, Fire resistive elements (Ext. walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. Detailed occupancy related requirements will be addressed when complete building plans are submitted. COMI'LUNCE TABLE Code Project Building Height two -stories one-story NA feet 21 feet to top of parapet Building Setback N - 20' E - 10' N - 141' E —19.5' W-]0'S-25' W-97'S-25' Parking Stalls 124 stalls 136 stalls (Standards: restaurant full liquor 1/50 sq. ft. 5,806/50 = 116; patios 1/200 sq. ft. 1,577/200 = 8) Parking Setback Hard Surface Coverage Lot Area N-WE-0' N-WE-0' W-0'S-10, W-0'S-0' 65% @ 73% # 20,000 sq. ft. 54,014 sq. ft. (1.24 ac.) @ - A variance to permit 70 percent hardcover was approved by the city in 1996. # - A variance request to increase the hardcover by 946 square feet to permit 73 percent hardcover is incorporated in the request. 590 W. 79' Street, Planning Case 2019-08 September 3, 2019 Page 8 Staff recommends that the Planning Commission recommend approval of Site Plan #2019-08 to permit the construction of two exterior patios with a variance to permit an additional 946 square feet of hardcover for a total of 73 percent hardcover, plans prepared by CNH Architects dated 8/22/19, and Westwood dated 8/20/19, subject to the following conditions: Building 1. Building plans must he prepared and signed by design professionals licensed in the State of Minnesota. 2. Building plans must include a code analysis that contains the following information: Key plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, Separated or non -separated, Fire resistive elements (Ext. walls, Bearing walls - exterior or interior, Shaft, Incidental use), Occupant load, Exits required (Common path, Travel distance), Minimum plumbing fixture count. 3. Detailed occupancy related requirements will be addressed when complete building plans are submitted. Engineering 1. All newly proposed pedestrian access routes shall be ADA compliant. 2. An Encroachment Agreement Application shall be filed for any structures places in public drainage and utility easements. 3. Grading plans shall be updated to include erosion control Best Management Practices upon submittal of building permits. 4. Site plan shall be updated upon submittal of building permits to include: a. Legend b. Engineering scale c. Vicinity map d. Existing utilities (and services) e. Detail plates f. Call 811 notes Fire 1. Remodel of interior will require separate fire sprinkler, fire alarm, and kitchen hood suppression system permits. 2. Sprinklers will possibly be required under exterior covered patio ceiling. Planning 1. The applicant shall enter into a Site Plan Agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall install an additional over -story tree to the southeast of the south deck. 590 W. 79 h Street, Planning Case 2019-08 September 3, 2019 Page 9 ATTACHMENTS 1. Findings of Fact 2. Development Review Application 3. Project Narrative 4. ALTA/NSPS Land Title Survey 5. Tequila Butcher Schematic Site Plan by CNH Architects 6. Grading and Drainage Plan by Westwood 7. West 79th Street Parking Lot 8. Public Hearing Notice and Mailing List g:\plan\2019 planning cases\I9-08 tequila butcher - applebees site 590 w. 79th street\staffreport tequila butcher.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION II`► = Application of Chanhassen Butcher, LLC and Chanhassen West 79' Street, LLC for Site Plan review with a variance for hardcover. On September 3, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chanhassen Butcher, LLC and Chanhassen West 790' Street, LLC for Site Plan Review to add exterior patio decks of 677 square feet and 900 square feet to a one-story restaurant building with a variance to the site hardcover on the property located at 590 W. 79" Street. The Planning Commission conducted a public hearing on the proposed conditional use and site plan, which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Highway and Business Services District (BH). 2. The property is guided by the Land Use Plan for Commercial uses. 3. The legal description of the property is: Lot 4, Block 1, Crossroads Plaza Yd Addition, Carver County, Minnesota 4. Site Plan. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a. The proposed development, an expansion on the existing restaurant development of the property, is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. The proposed development is consistent with the site plan review requirements and meets all the specifications of City Code subject to compliance with the Conditions of Approval and approval of the hard cover variance; C. The proposed development will preserve portions of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed areas; i i d. The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. The proposed development creates functional and harmonious design for structures and site features, with special attention to the following: An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and the general community; 2. The amount and location of open space and landscaping; 3. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and 4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 5. Variance — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The zoning of the property limits hard cover to 65 percent. As originally approved, the site was given a variance to permit a restaurant with a liquor license, which requires a significant amount of parking, relative to other commercial uses. Had the property been located north of the railroad tracks, there would not be a hardcover limitation and no variance would be required. The use is a permitted use in the zoning district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The proposed patio area is consistent with other restaurant uses in the community. By adding the roof over the southerly patio, they created additional hardcover. In addition, the city is requiring that they install more sidewalks on the site, further increasing the hardcover. C. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations, but allows for a restaurant operation consistent with their business model. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property is located in a zoning district that has severe limitations on hardcover, but permits uses that require significant parking standards. The proposed development has a floor area ratio (F.A.R.) of only 0.14. Normally, commercial uses have a F.A.R. of 0.2 or higher. e. The variance, if granted, will not alter the essential character of the locality. Finding: The proposed patios are very similar to the patios on the restaurants directly to the east of the site. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 6. The planning report #2019-10 dated September 3, 2019, prepared by Robert Generous, et al, is incorporated herein. ate+ RECOMMENDATION The Planning Commission recommends that the City Council approve the Site Plan with variance for hardcover subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this Yd day of September, 2019. CHANHASSEN PLANNING COMMISSION BY: Steven Weick, Chairman giplan\2019 planning cases\19-08 tequila butcher - applebees site 590 w. 79th streeMiindings of fact tequila butchecdocx • 0 ac119- COMMUNITY Divisionn-77007T00 DEVELOPMENT AtDEPARTMENT CITY OF CHANHASSEN Planning Division P.ou'e�. aril Mailing Address -P.O. Boa 147, Crannassen, MN 55317 Phone'. (952) 227.13001 Fax (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW `L=+ Submtlal Dabr'C Dab Cr 3 (`, CC Dab1 � I 6]DaY nera•Dne iRe!,ry 1-0 AW CN,Cnaaa/NrocW,..e0.,,bl ny mlorr.SLun '!Of mnr n[woanr pa OPPrtv'ani ❑ Comprenens ve Plan Amendment ..................... _ 5600 ❑ Minor MUSA line for fading on-sde sewers .... SICO ❑ CondNonal Use Permit (CUP) ❑ Single -Family Residence. ......... _...........5325 ❑ All Diners ... ..... - ..... . .._.. _._.___.... ._. S425 Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ........ ............. ........ ................. ,.......$425 ❑ Rezoning (REZI ❑ Planned Unit Development (PUD).................. 5750 ❑ Minor Amendment toekistlrgPUD .................$100 ❑ All Others ... ...... ..................... --............ .........$500 ❑ Sign Plan Review ................................................... S150 Site Plan Review (SPR) ❑ Administrative.. ...... . ....... .... - ......... . ......... $100 ❑a Commercraulndustnal Dislncls'....._............... S500 Plus S10 per 1.000 square feet of building area: 15 thousand square feet) -1,fuvoa punter da+4t.+o a Pll a o -inpluM ni/11te1 N irw empbyeee ❑ Residential Distracts........................................SS00 Plus S5 per dwelling and (_ units) +❑ Notification Sign tuy b vied erne rwmva)........ _......... .... , ❑ Subdivision {SUB) ❑ Create S lots or less _._ _...._$300 ❑ Create over 3 lots _.. _............... $600 , S15 per lot _lots) ❑ Metes S Bounds (2 lots)....._._..._ _...............$300 ❑ Consolidale Lots ...... __. ......... ..... S150 ❑ Lot Line Adjustment ... ....... ..... ......... _..... ..___St50 ❑ Final Plat........ ........ _...... ..._.... .... _._._. S700 (Includes S450 eSCrOw for attorney Costs)' 'nmaenel atcrsw r i te repire., nor oprr apDrivaP^s ituugh ire da ,awwrivw rcnweG Vacation of EasementslRightot-vray (VAC)...._..5300 IA00 YOYI ra(ddirrp few, "If 811M) Qvariance (VAR) ............. ........ ......... _......... _.._...$200 ❑ Welland Aeerstion Permit(WAPI ❑ Single -Family Residence _....... .___.......... 5150 ❑ An Omens.. ._. S275 ❑ Zoning Appeal .. ........................ S100 ❑ Zoning Ordinance Amendment (ZOA)... .._. S500 NOT WMn rnurtrPl• appOUpoM aA proteeaW cancumney, IMaWWiSMbe.nalioa ChalWfMaarAappaf -e ❑' Property Owners' Lill within SOD- (CM btlerriale ale wrap. uwn iiwangl.............._.........res, ..........._. S3 per address .....-.( -_ addresses) . . ❑ Escrow for Recording Documents (check as trial apply) ...... ...... ............. ._. _........................_SW per document ❑ Conditional Use Permit ] Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ] Vanance ❑ Wetland Allocation Permit ❑ Metes b Bounds Subdivision (3 does.) ❑ Easements( easements) ❑ TDeFEE S1,039 Description of PfOPOssl: Eapanwn cf re9taurani 6) add 2 011Pr'dr seasonal patios one wdh a partial reps Cove Property Address of Location Parcel M. 252490040 Legal Descrclio]._ Total Acreage 124 acres Wetlands Preserd7 Present Zoning Select One Present Land Use Designation: Selen One Existing Use of Property. Restaurant ❑Check box if separate nBrtaiive is anacned 590 791h Street West Lot 4. Block 1 Crossroads Yes ® No 3rd Addition Requested Zori Select One Requested lard Use Designation: Select One Scanned by CarnScanner 7 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER. in signing this aco! cal.en. 1. as aee!.canL recresent to h3vv et is ned aut.cnza7on from live o'Cceny Cwner to h e Inns application I agree to be bound by conClbons of approval. subject on to the -Cht to Ct^l at Ilie heanngs on the appheation or during the appeal penod. 11 ins apphcatOn has not Dee.' signed b1 the prcpeny caner I ha, a attached separate Cocumentalrol of ful legal capacity to fit* the application Th.s a:pi,caten should De Processes in m) name and 1 am the party whom the City should contact regarding any matter pe'lainmg to this apta rca:ron I Wit keep mtsell Informed o1 the deadlines for Submission of malenal ano the progress of Ins apphcabon 1 further understand trial add tonal lees may be charged for consulting fees, feasibility studes etcwith an estimate prior to any aumonzal on to proceed w,m the study 1 entry that the information and exhibits su ned are Ion rid correct Name' j i Contact �t lit Address. �yL� �,�,.,._�l Phone- �gq 1L.117_U(,I� C ty Slate.Zip .541 0. Cef1'. �� 175 Utl% Empty Fat: Sgnalure: Dale' � I� PROPERTY OWNER: In signing this application. 1. as property owner. have lull legal capably to. and hereby do. aulnonce the ri'ing of this application I understand that conditions of approval are binding and agree to be bound by those conohOns. Subject only to the right to object at the heanngs or during the appeal periods. I vW1 keep myself ntonmed of the deadl nes for submission of malenal and the progress oft" appl(cation. I fuller understand that additional fee may be charged fen consulting lees. feasibility stuMas, etc. with an estimate prior to any auNOfiZAtm ID proceed with the Study I cattily tat the intormaben and exhibits submitted are true and correct. Name. �N1YlJ�M oea� 2111 sT/K i/--L Contact � r AddreSS: CltyStatetzip: Phone' Cell: l: /d-J37-9C 3aC rl Email 1 IJ&L Ce Fax G Signature' i�in��77" .:cal c:-.�cn✓C.c;�r7, Date. This application must be competed in full and must be accompanied by as nlorrnalion and plans required by applicable City Ordnance provisions. Before likng this application. refer to the ndpropinale Appllcellon CheekhSt and confer with the Piam,ng Department to delermM the specific ordnance and applicable procedural requirements and fees. A determination of completeness of to application shag be made within 15 business days of application submittal. A wrillen notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ARCHITECT it applipble) Name: _ CNH Architects Address, 7300 W 147th Street. Sale 504 CrlylSlale/zip: Apple Valley. KIN 55124 Email: ghulsoh@Cnhanch corm Who should receive coples of staff reports? Q Property Owner Via (E) Email O Mailed Paper Copy F±) AW,"nl Via Q Email ❑ Maded Paper Copy ❑c Engineer Via c❑ EmaA ❑ Mailed Paper Copy ❑ Other* Via ❑ Emad ❑ Mailed Paper Copy _ Contact. OuUn Hutson _ Phone: (952)431-4433 Celt: 1612) 790-7943 Fax NIA 'Other Contact Information. Name Address _.. Cdy.'Slatelzip Email INSTRUCTIONS TO APPLICANT: Complete all necessary form fields. then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital Copy 10 the City for processing FORM PRINT foRM SutMr FORM Scanned by CamScanner 7300 WEST 147- STREET i SUITE 504 JAPPLE VALLEY. MN 55124-75M 1(852) 431-4433 August 16, 2019 F CEQe�r��� Proieet Narrative: Tequila Butcher Restaurant The Tequila Butcher Restaurant is a proposed remodeling and patio expansion of the former Applebee's Restaurant at 590 West 791 Street in Chanhassen. The restaurant will be locally owned and operated by the same family as Burgers & Bottles, Volstead House, Bourbon Butcher, and Whiskey Inferno all popular restaurants around the south metro. The project site is located in the Crossroads Plaza development accessed off West 791 Street just east of Market Boulevard one block north of Highway 5. The property is a 1.24 acre existing restaurant and parking lot site. The property is zoned BH — Highway and Business Services District as are the properties surrounding the site. The current and proposed restaurant is an allowed use within this zoning district. The existing restaurant has a gross floor area of 5,792 square feet and will remain the same size with remodeling of interior finishes and layout to create the new restaurant image. There will be two proposed exterior patios added to the site to provide 132 seats of seasonal guest seating for the restaurant, an amenity that is not currently provided with the former restaurant building. The west patio will be at grade near the front entrance of the restaurant and will include a yard game enclosure. The second patio will be attached to a portion of the south side of the building and will be raised above grade level with the restaurant floor height in this area. This attached patio will include a 630 square foot portion of the seating covered by a new canopy roof. Parking for the restaurant and expanded seasonal patio seating calculates to a minimum requirement of 124 stalls. The current parking provided, including the new stalls to be added along 791h Street, is a total of 136 stalls resulting in 12 stalls more than the minimum ordinance requirement. The new patios will all be constructed with wood deck framing and composite decking allowing rainwater to flow through the deck in order to not increase the impervious surface of this overall site. However, the new canopy roof and required added sidewalks provide a net additional impervious surface of 1,094 square feet. This increase in impervious surface brings the site total impervious surface to 72.7% which is slightly over the maximum allowed ordinance amount of 70%. The calculations indicate that the current impervious surface is already slightly over the ordinance maximum by 375 square feet. The new canopy and sidewalk will add an additional 719 square feet of net impervious surface, still only 2.7% total area over the ordinance. To address this slight additional impervious surface the project is requesting a variance to the impervious surface maximum allowed by city ordinance. Initially the restaurant considered removing four parking stalls to compensate for the additional impervious surface which would still result in more parking stalls than ordinance minimums, however the consensus is that removing parking stalls is counter -productive with the overall goal of adding parking for the Crossroads Plaza center in general, especially when the overage is such a small percentage of the allowed amount. The following items identify why this variance would meet the findings as required for granting a variance. a. This variance will remain consistent with the comprehensive plan and the general purpose of the ordinance. Parking lot pavement will not be increased but only a decorative canopy over a portion of the attached patio. Further the rainwater from this canopy roof will be collected by a gutter and run into a rain garden area in the adjacent landscaped area, not into the storm sewer system. b. The practical difficulty is the intent to increase parking for the overall development. As noted above, if the project offset the impervious surface overage by reducing parking stalls, the project would be in compliance with both the impervious surface amount and the minimum parking for the restaurant including seasonal patios. However, due to the broader shortage of parking stalls in this overall area, the variance addresses the existing conditions to increase total parking stalls in the district. c. The variance is based on a broader parking availability concern, not on economic considerations. d. The shortage of parking is not based on this restaurant but is a result of the conditions in the broader area. e. The increase in impervious surface will not change the character of the locality, in fact the project will enhance the neighborhood by expanding landscaping and providing additional seasonal outdoor dining for residents of the region. The existing building exterior is finished with brick, glass, prefinished metal standing seam accent roofs, and a limestone clad entrance tower. The new attached patio will have a pre -finished metal standing seam canopy roof, stained cedar colored wood deck framing, and a prefinished metal picket railing to match the picket fencing added to the site. This canopy will fit well with the existing building massing and enhance the south side of the building facing 791h Street as shown in the provided colored elevation. New landscaping is also shown including overstory trees along 79w Street and extensive additional base plantings along both new patios including 100 added shrubs and perennials. The civil engineering drawings indicate the minor grading for this project. The stormwater impacts were reviewed by the watershed district and the impacts are sufficiently minor to not require a watershed permit. In essence, there is no change to parking lot stormwater impacts and the minor stormwater addition from the patio canopy is directed to a rain garden area. In conclusion, the proposed Tequila Butcher restaurant provides for an exciting new dining option for the Chanhassen residents as well as guests from around the region. The added seasonal outdoor patio seating provides a great location to enjoy dining outside and creates an upgraded image between the new patios and extensive landscaping. On behalf of Tequila Butcher, we are pleased to have this opportunity to bring this new restaurant to Chanhassen. Sincerely, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. J $i�� �•_ i3 ��� � Na aa� p E moe®®+a®.eem7f�i�llll�ili�� pg gp �q gS to S9&�a °��P��S�SFS�gSE8�B1z2A Oee+Yt1�•em•naecemeeem•. I 4t �e O f J • �� �Ea J w C� t�) 11 <� ttt ie g (� lt e ii - w a a A n^' ) �, a / a/ T � f f11111111 0 I AL POOM}S�M _ 4 a �a4P1n6 ellnbays 4m 1 I 1 1 1 t'l zoso a la4,ing ellnbal dF J Q E m XT CONSTRUCTION PLANS FOR SITE & GRADING FOR WEST 79TH ST. PARKING LOT CHANHASSEN, MN PREPARED FOR: SOLOMON REAL ESTATE GROUP 8560 KELZER POND DRIVE VICTORIA, MN 55386 CONTACT: JAY SCOTT PHONE: 651.336.6060 EMAIL: JAYSCOTT@SOLOMONRE.COM PREPARED BY PROJECT NUMBER: 0020082.00 CONTACT: DANIEL M. PARKS CONTEXT MAP (1"=80') 1 ]9TN 1 , a -- ARBORETUM BOULEVARO (MN STATE HIGHWAY 5) Sheet Number Sheet Title C" COVER C100 EXISTING CONDITIONS & REMOVALS PLAN C100 CIVIL SITE PLAN m GRADING, STORM SEWER & EROSION CONTROL PLAN NOT FOR CONSTRUCTION CONSTRUCTION PLANS SITE & GRADING M WEST 79TH ST. PARKING LOT CiNIHISYM.MN Rurvasuaeartuwre. mmn+ srREr cmoarc F Y N k® R z P � 0 O Z Y C Q F P 3 I I I 3 I I V I F I I � I W I I m I I I o I � m I I ` I I I I I I I I I I I � I I I I I I i J i `] 0 his g'yi i i� ?e fS; �' 7336:�ia n4 E /gill 1 1 1 1 I 0 0 CIA C F V � U ¢ a i Eg A 2 o p Z ; g Z 3C C € G I� J k fe p z k� ! z R O 0 LL z2 51 ill[ III 6.f '1 11111 1 `@ `fA AMUSEdy a qq i .; A- t _ II //Z�, I 11 I 1 �I I I I I it u CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 22, 2019, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing to consider a request for a Site Plan Review with a variance for hard cover for expansion of a restaurant to add two exterior seasonal patios, one with a partial roof cover located at 590 W. 79th Street, Planning Case No. 2019-05 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 1 - Kim . Meuwissen, DeptClerk Subscribed and sw m to before me thisoUnAday of l— 2019. �� C+ Notary Public j#§ Yr{CW~ This map is neither a legally recorded map or a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Date used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all calms brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. This map is neither a legally recorded map not a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents. or third parties which arse out of the users access or use of data provided. aTAX_NAMED aTAX_ADD_L1» slTAX_ADD_L2D,«TAX_ADD_L3a ((Next Record))aTAX_NAMEa ((TAX —ADD —LID «TAX_ADD_L2u, ((TAX ADD L3), Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 3, 2019 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. To consider a request for Site Plan Review with a variance Proposal: for hard cover for expansion of a restaurant to add two exterior seasonal patios, one with a partial roof cover. Zoned Highwayand Business Services District BH . Applicant/Property Rheata Donatell, Chanhassen Butcher LLC/Andy Owner: McConville Chanhassen West 790 Street LLC Property 590 W. 7P Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us12019-08. If you wish to talk to someone about this project, please contact Bob Generous Questions & by email at beenerous0ci.chanhassen.mmus or by phone Comments: at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I City Review Procedure: • Subdivisioro. Planned Unit Developments, Site Plan Reviews, Conditional ant Interim Uses, Wetleral Alterations, Rezoning., Compreherohre Plan Amendments and Code Amendments require a Publl<heering balam hem Planning Commission. City ordinances require all property within 5W feat M the subjsd site to be notMed of Mat application In writing. My intndad party is invited 1. attend the meeting. • Staff prepares a report onme wiysd epplieatbn Mat indutlea all pertinent Information anda racanmendeilon. These npwts an available by request At the Planning Commission messing, staff will give a verbal overview of the report and a recommendation. The item wit ok opened for the pudic to apask about lh• proposal a. a partof the hearing process. The Commissionwill close Iha public horei and discuss the item and make a recommendation to the City Council. The City Council may reverseagvm or modify wholly or partly the Planning Commesion's recommendation. Re tomm,, land use and rode amendments take a simple mill vote of the City Council except rezoning• and land has amendment, from residential to commercialfmdustdal. • Minnesota State Statute 519 N requires all applications to he processed within es, day. unless the applicant waives this standard. Some applications due to ihelr complexity may take savenl months to complete. My person wishing to follow an item through the protean shoud check with me Planning Department regarding its status and schetluting for the City Council meeting. • A neighborhood spdkeapsnaYrepresemative is encouraged to provide a contact for the city Often developers are encouraged to meet with the neghbahood regarding their proposal. Staff is, also available to review the project with any'rimrestnd parson(s). • Because Ind Planning Commission holds the public hearing, me City Council does not Minutes are taken and any correspond.me regarding the application will be Induced in the report to me City Camdl. If you wish to have something to be ndudetl in Ind mood, lase tarred the Planning Stall resperat ratmatl M hero nolifintion. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 3, 2019 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. To consider a request for Site Plan Review with a variance Proposal: for hard cover for expansion of a restaurant to add two exterior seasonal patios, one with a partial roof cover. Zoned Highway and Business Services District BH . Applicant/Property Rheata Donatell, Chanhassen Butcher LLC/Andy Owner: McConville Chanhassen West 790, Street LLC Property 590 W. 791h Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us12019-08. If you wish to talk to someone about this project, please contact Bob Generous Questions & by email at baenerousAci.chanhassen.mmus or by phone Comments: at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting, Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to thef Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Revises Procedure: • Subdivinone, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetland Atlerstions, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public heainp helots Iha Planting Commission. City ordinerlcas require all property wdhin 500 feat of the subject site to he notified of the application in wiithg. My interested party is Invited to agend the messing. • Step propene a report on the audited application that Includes all pertinent Information and a mommmatdation. These repMs ate evallable by request At the Planning Commlasion meeting, staff will give a verbal overview of the sport and a recommendation. The item rill be oporad for the public to speak about the proposal as a part of the hsaring yroosss. The Communion willdote the public hearing end discuss the item and make a recommendation to the City Council. The City Council may reverse, afllon pat modify wholly or perMy the Planning Commission'a recommendation. Rezoning.. land use and tort emendments take a simple majority vole of the City Council except rezonings and land use amendments from reeidemlal to com a ncial5ndu6aiat. • Mtnne.ata Stale Statute 519.W recurs• all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several mows to complete. Arty person wishing to /allow an item tlfrcugh die process, should check with the Planning Department regarding its Statue and whetlulirg for the City Council meeting. • A neighborhood spokespersorVnpleaeMative Is encouraged to provide a contact for the city. Often develppen ale encouraged to meet with the neighborhood regarding the proposal. Staff is, also available to review the protect with any interested Parents), • Because the Planning Commission hold. the public hearing, the City Council dose not Minutes are taken and any coreffoond. regarding the epplicaHon will he included In the repon to" City Council. M you wish to have something to he ndud•d in the report, IMM contact the Planning Staff pention named on the nptlficalion. PIN TAX -NAME 258900030 CHANHASSEN INN 251680010 SOUTHWEST TRANSIT 258680010 CHANHASSEN BUSINESS HOLDINGS LLC 257030010 CHANHASSEN FRONTIER LLC 252490020 VIRGINIA S THOMAS FAMILY LP 252490010 TOM -DON REAL ESTATE HOLDINGS INC 259990200 TWIN CITIES & WESTERN RAILROAD 258900022 ATT SHOPS LLC 254460010 KRAUS-ANDERSON INC 258620010 WHEATSTONE RESTAURANT GROUP 252490040 CHANHASSEN WEST 79TH STREET LLC 251680021 NEW CHANHASSEN HOLDING COMPANY LLC 252520010 CHANHASSEN LETSOS LLC 252830010 CHANHASSEN PROPERTIES LLC 258680040 VILLAGES ON THE PONDS ASSN INC 252750020 79TH STREET CENTER PARTNERSHIP LLP TAX_ADD_L1 TAX_ADD_L2 TAX_ADD_L3 SHAPE 110 W BIRCH BLUFF RD EXCELSIOR MN 55331 531 79TH ST W 14405 W 62ND ST EDEN PRAIRIE MN 55346 500 MARKET ST 1541 CAMDEN RIDGE DR CHANHASSEN MN 55317 570 POND PROMENADE 1964 WAYZATA BLVD SUITE 200 LONG LAKE MN 55356 541 78TH ST W 226 COURTLAND ST EXCELSIOR MN 55331-1728 550 79TH ST W 2810 W LAKE OF THE ISLES PKY MINNEAPOLIS MN 55416-4338 580 79TH ST W 2925 12TH ST E GLENCOE MN 55336-3368 5200 BUFFINGTON RD ATLANTA GA 30349-2945 445 79TH ST W 525 S 8TH 5T MINNEAPOLIS MN 554D4-1030 580 MARKET ST 600 MARKET ST STE 230 CHANHASSEN MN 55317 530 POND PROMENADE 8560 KELZER POND DR VICTORIA MN 55386 590 79TH ST W PO BOX 100 CHANHASSEN MN 55317-0100 0 78TH ST W PO BOX 1159 DEERFIELD IL 60015-1159 600 79TH ST W PO BOX 271 CHANHASSEN MN 55317-0271 570 MARKET ST PO BOX 404 CHANHASSEN MN 55317-0404 PO BOX 580 CHANHASSEN MN 55317-0580 540 79TH ST W E • 61 • CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2019-08 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 3, 2019 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Site Plan Review with a variance for hard cover for expansion of a restaurant located at 590 W. 79th Street to add two exterior seasonal patios, one with a partial roof cover. Zoned Highway and Business Services District (BH). Owner: Andy McConville, Chanhassen West 791 Street LLC. Applicant: Rheata Donatell, Chanhassen Butcher LLC. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2019-08 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Bob Generous Email: benerous( ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on August 22, 2019) SCANNED g:\plan\2019 planning cases\19-08 tequila butcher- applebees site 590 w. 79th street\ph notice to villager.docs 0 CK Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Datid S. Kendall Kurt S. Fischer Thomas J. Campbell* *Retired Grand Oak 011ice Center I 860 Blue Gentian Road Suite 290 Eagan, Minnesota 5 S 121 Main: 651-452-5000 Fax: 651-234-6237 as�w.ck-lass-com • CAMPBELL KNUTSON August 23, 2019 Ms. Jean Steckling City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recordings Dear Ms. Steckling: Please find enclosed, for the City's files, the following documents that have been recorded with Carver County: 1. Parking Easement Agreement with Chanhassen West 79a' Street, LLC recorded on August 2, 2019 as document number A680845. Note that the legal descriptions contained on the exhibits are both abstract and torrens. The County Registrar contacted our office and said the document should only recorded in abstract records but that they made a note that the easement benefits the torrens parcel. 2. Resolution No. 2019-18 Accepting Donations of Real Property recorded July 30, 2019 as document number A680656. 3. Warranty Deed from Peterson -Jacques Farm Company, LLC to the City recorded July 30, 2019 as document number A680657. 4. Warranty Deed from B. Elmer Family Farms, LLC to the City e-recorded on April 12, 2019 as document number A675683. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Assoc* 'on Jean .Olson, g Assistant /jmo Enclosures CITY OFCCENED SSEN AUG 2ryryJ�'N8^^2,,001�1uu9NN C� rl SGAZIE 202980v2 P� Document #: A680845 Date: 08-02-2019 Time: 09:08 AM Pages: 11 Recording Fee: $46.00 Paid on 08-02-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN RECEIVED AUG 2 8 2019 CHANHASSEN PLANNING DEPT SCANNED PARKING EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made as of 2019 (the "Effective Date") by and between the CITY OF CHANHASSE ("City"), a Minnesota municipal corporation and CHANHASSEN WEST 79 " STREET, LLC, a Minnesota limited liability company ("Grantee"). RECITALS: WHEREAS, the City is the fee owner of real property legally described on Exhibit "A" attached hereto and made a part hereof ("City Property"); and WHEREAS, Grantee is the fee owner of real property legally described on Exhibit "B" attached hereto and made a part hereof ("Grantee Property"); and WHEREAS, Grantee plans to lease the Grantee Property to Chanhassen Butcher, LLC, a Minnesota limited liability company ("Tenant") for operation of the "Restaurant"; WHEREAS, the Tenant requires additional parking to serve the Restaurant as required pursuant to City of Chanhassen Site Plan approval for the Restaurant on Grantee's Property; WHEREAS, Grantee desires an easement for parking over the City Property to serve Grantee's Property and the Restaurant; WHEREAS, the City agrees to grant a parking easement over the City property for the Restaurant pursuant to the terms of this Agreement; NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Grant of Easement. The City hereby grants to the Grantee, and its agents, employees, tenants, contractors, customers and invitees, an exclusive easement appurtenant to and for the benefit of the Grantee Property for construction of the Parking Lot Improvements (as hereinafter defined), vehicular parking, and vehicular and pedestrian ingress and egress, upon, over, and across the parking areas, driveways, curb cuts and sidewalks from time to time located on the portion of the City Property legally described in Exhibit C and depicted in Exhibit D, attached hereto and incorporated herein ("Easement Premises"). 2. Construction of Parkine Area. Grantee will, at its own expense, contract for the construction of the parking lot, consisting of approximately 25 parking stalls and related improvements ("Parking Lot Improvements") within the Easement Premises pursuant to plans and specifications approved by the City for the Parking Lot Improvements and consistent with the requirements of the Site Plan approval by the City and the City Code. Grantee shall be responsible for all costs associated with the construction of the Parking Lot Improvements. The parking lot and related improvements must be completed by November 30, 2019 or this Parking easement agreement shall be deemed terminated. 202818vI 0 3. Parking Lot Maintenance. Repair and Reconstruction. Grantee, at its own expense, will repair, maintain, and make any necessary improvements to the Parking Lot Improvements, including the surface of the parking area, snowplowing, sweeping, removal of debris, striping as needed and maintaining the same in a clean, safe and orderly condition during the Term of this Agreement In the event of any damage to or destruction of all or a portion of the Parking Lot Improvements during the Term of this Agreement, Grantee shall, at its sole cost and expense, with due diligence, repair, restore and rebuild the Parking Lot Improvements to substantially the same condition as prior to such damage or destruction. 4. Compliance with Applicable Law. Permits and Ap ram. Grantee, its successors, assigns, contractors and subcontractors, and tenants shall comply with all applicable federal, state, and local laws and regulations relating to the construction of the Parking Lot Improvements, and in the use of the Easement Premises and performance of the obligations set forth in this Agreement. Grantee shall be responsible for obtaining all governmental permits, approvals and licenses necessary to undertake the making of the Parking Lot Improvements within the Easement Premises as contemplated by this Agreement. 5. Restoration. Upon completion of any work by Grantee resulting in any damage to the portion of City Property outside of the Easement Premises, Grantee shall, in all cases, restore said portions of the City Property to the same or similar condition as it was prior to such work. Any such restoration shall be completed as promptly as weather permits, and if Grantee shall not promptly perform and complete the restoration, remove all dirt, rubbish, equipment and material, and put the portion of the City Property outside the Easement Premises in the required condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Grantee. Grantee shall reimburse the City the cost of restoration within 30 days of receipt of a paid invoice for the restoration. This remedy shall be in addition to any other remedy available to the City under the terms of this Agreement. 6. Indemnification. Grantee, its successors and assigns, shall indemnify and hold harmless the City from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents injuries, loss, or damage of or to any person or property (including all Parking Lot Improvements) occurring on or about the Easement Premises, wholly or in part, as a result of any act or omission by Grantee and its agents, employees, tenants, contractors, customers and invitees; excepting, however, that the City shall not be indemnified from any loss or liability resulting from its own negligence or intentional misconduct or the negligence or intentional misconduct of the City's contractors, employees or agents. 7. Insurance Throughout the term of this Agreement, Grantee shall procure and maintain commercial general liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity contained in Paragraph 6 above), death, or property damage occurring upon the Easement Premises, with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000) or the City's statutory limits under Minn. Stat. ch. 466, whichever is greater, including umbrella coverage, if any, written by one or more responsible insurance carriers licensed to do business in the State of Minnesota. The City shall be listed as an additional insured on the insurance policies required under this Agreement by endorsement. The Grantee shall provide a copy of the insurance certificate and endorsement upon request by the City. 202818v2 0 8. No Liens. Grantee shall keep the Easement Premises free and clear of all liens and encumbrances arising from the exercise by Grantee of its rights under this Agreement. 9. Default and Remedies If Grantee defaults in any obligation under this Agreement and fails within sixty (60) days after receipt of written notice of such default to commence such action as is reasonably necessary to cure such default and proceed diligently thereafter to cure such default, the City shall be entitled to the remedies of specific performance and/or injunctive relief to enforce Grantee's obligations hereunder, in addition to all other rights or remedies available at law or in equity and the City may terminate this Agreement as a result of Grantee's default hereunder. 10. Real Estate Tazes. Grantee shall pay, or cause to be paid prior to delinquency, all real estate taxes and assessments which may be levied, assessed or charged against the City Property as a result of this Agreement. 11. Term. Except by amendment of this Agreement executed by the parties and except as provided in paragraph 9 of this Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date, shall continue through the construction of the Parking Lot Improvements, and shall only terminate upon the termination of the use of the Grantee Property for the operation of a Restaurant, multiple restaurants, or a single restaurant as part of a multi - tenant building; provided, however, the Tenn of this Agreement shall not terminate as a result of the Grantee Property not being used for any such purposes during any periods, not to exceed twelve (12) months, of development, redevelopment, or renovation of improvements upon the Grantee Property. 12. AL*ju end. This Agreement may not be assigned by the Grantee, except by written consent by the City, in its sole discretion; provided, however, the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land pursuant to Section 19 hereof in the event the Grantee Property is transferred. 13. Time is of the Essence. Time is of the essence of this Agreement. 14. Entire agreement& Amendment. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. This Agreement may be modified or amended only upon the mutual consent of City and Grantee, or their respected legal representatives, successors or assigns. 15. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 16. Notices. All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been given (a) when personally delivered, (b) one business day after being delivered to a reliable and recognized overnight courier or messenger service which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) three business days after being deposited in the United States mail in a sealed envelope by certified mail, postage prepaid, addressed to the respective party at the address set forth herein or to such other address as set forth in a notice given in accordance with this Section. The notice addresses of the parties are as follows: 2028180 u City: City of Chanhassen 7700 Market Boulevard Chanhassen, Minnesota 55317 Attn: City Manager Grantee: Chanhassen West 79a Street, LLC 8560 Kelzer Pond Drive Victoria, MN 55386 Attn: Jay Scott Either party may change its notice address by delivery of written notice of such change to the other party in accordance with this Section 16. 17. Severability. The invalidity of any portion of this Agreement shall not impair in any manner the validity, enforceability or effect of the rest of this Agreement. 18. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 19. Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of and be binding upon the owners of the parcels identified herein, their permittees and their successors, assigns, heirs and personal representatives. [Remainder ofpage intentionally left blank.] [Signature pages to follow.] zoz818va CITY OF CHANHASSEN By (SEAL) Elise Ryan, Mayo And 45�' ^4d 6 J Todd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) h The foregoing instrument was acknowledged before me thisa` 1 t day of lLj , 2019, by Elise Ryan and by Todd Gerhardt, respectively the Mayor and City Managet ot� the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Public c+ �`► iC-1 1f' •V t�sf 2028180 CHANHASSEN WEST 79TH STREET, LLC By. y Sco Its: Pre Sg--j rT STATE OF MINNESOTA) ) ss. COUNTY OF CQn) ) The foregoing instrument was acknowledged before me this iMyof nU_ , 2019, by Jay Scott, the pcf'<d el\- " of CHANHASSEN WEST 79TH STRE T, a Minnesota limited liability company, on its behalf. ►ate' Notary Public ANNE KATHRYN LUNDELL Notary Public -Minnesota My CommiseW EXOM Jon 31, 2W1 DRAFTED BY: CAMPBELL KNUTsoN, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota55121 Telephone: (651) 452-5000 AMP 202818v6 EXHIBIT A Legal Description of City Property Outlot B, Crossroads Plaza Addition, except the Highway 5 Right of Way, Carver County, Minnesota. Lot 3, Block 2, Frontier Development Park, except the Highway 5 Right of Way, Carver County, Minnesota. (abstract) 2028180 EXHERIT B Legal Description of Grantee Property Lot 4, Block 1, Crossroads Plaza 31 Addition, Carver County, Minnesota, according to the recorded plat thereof. 2o2slavg EXHIBIT C Legal Description of Easement Premises All that part of Outlot B, Crossroads Plaza Addition and that part of Lot 3, Block 2, Frontier Development Park, Carver County, Minnesota described as follows: Commencing at the northeasterly corner of said Outlot B, Crossroads Plaza Addition, said comer being the most easterly corner of said Outlot B lying on the southerly right of way line of West 79th Street; thence southwesterly along the north line of said Outlot B a distance of 85.41 feet along a curve concave to the north, said curve has a radius of 280.00 feet, a central angle of 17 degrees 28 minutes 38 seconds and a chord that bears South 65 degrees 53 minutes 48 seconds West; thence South 1 degree 59 minutes 52 seconds West, not tangent to the last described curve, a distance of 36.68 feet; thence westerly 306.11 feet along a non -tangential curve concave to the north having a radius of 315.19 feet, a central angle of 55 degrees 38 minutes 37 second and a chord that bears North 75 degrees 33 minutes 11 second West; thence northwesterly 64.73 feet along a reverse curve concave to the southwest having a radius of 172.37 feet and a central angle of 21 degrees 31 minutes 00 seconds; thence North 26 degrees 26 minutes 48 seconds East a distance of 35.34 feet to the north line of said Outlot B; thence southeasterly, and easterly along the north line of said Outlot B to the point of beginning. 2028180 0 • EXHIBIT D Depiction of Easement Premises _02YIx\ 1 10 0 Pc 19_6-e Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. ) CITY OF CHANHASSEN County of Carver CARVER & HENNEPIN COUNTIES NOTICE PUBLIC Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized HEARING agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- PLANNING CASE NO. 2019.OS P> P P8P NOTICE IS HEREBY GIVEN lager and has full knowledge of the facts herein stated as follows: that the Chanhassen Planning Commission will hold a public (A) These newspapers have complied with the requirements constituting qualification as a legal hearing on Tuesday, September newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as 3, 2019 at 7:00 p.m. in the Council amended. Chambers in Chanhassen City Hap 7700 Market Blvd. The (B) The printed public notice that is attached to this Affidavit and identified as No.y % 7 J considepurl, of this hearing is to was published on the date or dates and in the newspaper stated in the attached Notice and said Review a request for Site Plan P Pt S Review with a variance for Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of hard cover for expansion of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both a restaurant located at 590 W. inclusive, and is hereby acknowledged as being the kind and size of type used in the composition 79th Street to add two exterior and publication of the Notice: seasonal patios, one with a partial roof cover. Zoned Highway and abcdefghbklmnopgrs xyz Business Services District (BH). Owner: Andy McConville, Chanhassen West 79th Street /e LLC. Applicant: Rheata Donatell, y; V Chanhassen Butcher LLC. Laurie A. Hartmann A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. Subscribed and sworn before me on mn.us/2019-03 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing n and express their opinions with thisday of 2019 respect to this proposal. Y Bob Generous €d" S, JYMME JEANNETTE BARK Email: bgenerous@ NOTARY PUBUC-MINNESOTA ci.chanhassen.mmus Phone: 952-227-1131 MY COMMISSION EXPIRES 0131)23 (Published in the Chanhassen No blic Villager on Thursday August 22, 2019; No. 4771) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... S31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $13.62 per column inch SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 22, 2019, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing to consider a request for a Site Plan Review with a variance for hard cover for expansion of a restaurant to add two exterior seasonal patios, one with a partial roof cover located at 590 W. 79`h Street, Planning Case No. 2019-08 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim V Meuwissen, Dep ty Clerk Subscribed and sw m to before me thiQQa�day of 2019. l Notary Public SCANNED JEAN M STEp�.M�,,,eeo s Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all Uaims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parbes which arse out of the user's access or use of data provided. This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records. information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City tices not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages. and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. «TAX_NAME» «TAX_ADD_L1» aTAX_ADD_L2»,aTAX_AD0_L3a «Next Recordu«TAX_NAME» aTAX_ADD_L1u aTAX_ADD_L2»,aTAX_ADD_L3» Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 3, 2019 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. To consider a request for Site Plan Review with a variance Proposal: for hard cover for expansion of a restaurant to add two exterior seasonal patios, one with a partial roof cover. Zoned Highway and Business Services District BH . Applicant/Property Rheata Donatell, Chanhassen Butcher LLC/Andy Owner: McConville Chanhassen West 79th Street LLC Property 590 W. 79th Street LOCatlon: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/2019-08. If you wish to talk to someone about this project, please contact Bob Generous Questions & by email at bgenerous0ci.chanhassen.mmus or by phone Comments: at 952-227-1131. If you choose to submit written comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Revews, Conditional and Interim Uses, Welland Alterations, Razomngs, Comprehensive Plan Amendments and Cotle Amendments require a Public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pediment information antl a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or mWify wholly or partly the Planning Commission's recommendation. Rezonings, land use and coda amendments take a simple majority vote of the City Council except rezIXlinga and land use amendments from residential to commemiallsidustnal. • Minnesota State Statute 519 99 requires all applications to be processed within W days unless the applicant waives this stantlard. Some applications due to their complexity may take several months to complete. Any mention wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting • A neighborhood spokesperson/representative is encouraged to provide a contact for he city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Councll does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. r you wish to have something to be included in the repot, lease contact the Planning Stag person named on the notificaton. Date & Time: , September 3, 2019 at 7:00 p.m. This hearing may not ' later in the evening,de endin on the order of the agenda. Location: l Council Chambers 7700 Market Blvd. ider a request for Site Plan Review with a variance nexterior cover for expansion of a restaurant to add two Proposal: seasonal patios, one with a partial roof cover. i hwa and Business Services District BH . Applicant/Property Donatell, Chanhassen Butcher LLC/Andy Owner: McConville, Chanhassen West 79th Street LLC Property 590 W. 79th Street Location' A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you abou te applicant's request and to obtain input from the neighborhood about this project. During the meeting, th Chair will lead the public hearing through the following What Happens steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2019-08. If you wish to talk to someone about this project, please contact Bob Generous Questions & by email at bgenerousicDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written Comments: comments, please send one copy to staff in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on t� project web site listed above the Thursday prior to t Planning Commission meetin . NEW] Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Pion Amendments and Code Amendments require a Public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on he subject application that includes all pertinent information and a recommendation. These reports ere available by request. At he Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezanings, land use and cab amendments take a simple majority vote of the City Council except rezonmi and land use amendments from residential to comerone alfindustriai. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives his stantlard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokaspersonlrepreesntative is encouraged to provide a contact for the dry. Often developers are encouraged to meet with the neighborhood regarding heir proposal. Staff is also available to review the project with any interested persons). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Counctl. If you wish to have something to be inclutletl in he report, lease contact the Planning Staff persen named on he notification. I PIN TAX -NAME 258900030 CHANHASSEN INN 251680010 SOUTHWEST TRANSIT 258680010 CHANHASSEN BUSINESS HOLDINGS LLC 257030010 CHANHASSEN FRONTIER LLC 252490020 VIRGINIA S THOMAS FAMILY LP 252490010 TOM -DON REAL ESTATE HOLDINGS INC 259990200 TWIN CITIES & WESTERN RAILROAD 258900022 ATT SHOPS LLC 254460010 KRAUS-ANDERSON INC 258620010 WHEATSTONE RESTAURANT GROUP 252490040 CHANHASSEN WEST 79TH STREET LLC 251680021 NEW CHANHASSEN HOLDING COMPANY LLC 252520010 CHANHASSEN LETSOS LLC 252830010 CHANHASSEN PROPERTIES LLC 258680040 VILLAGES ON THE PONDS ASSN INC 252750020 79TH STREET CENTER PARTNERSHIP LLP TAX_ADD_L1 TAX_ADD_L2 TAX_ADD_L3 SHAPE 110 W BIRCH BLUFF RD EXCELSIOR MN 55331 531 79TH ST W 14405 W 62ND ST EDEN PRAIRIE MN 55346 500 MARKET ST 1541 CAMDEN RIDGE DR CHANHASSEN MN 55317 570 POND PROMENADE 1964 WAYZATA BLVD SUITE 200 LONG LAKE MN 55356 541 78TH ST W 226 COURTLAND ST EXCELSIOR MN 55331-1728 550 79TH ST W 2810 W LAKE OF THE ISLES PKY MINNEAPOLIS MN 55416-4338 580 79TH ST W 2925 12TH ST E GLENCOE MN 55336-3368 5200 BUFFINGTON RD ATLANTA GA 30349-2945 445 79TH ST W 525 S 8TH ST MINNEAPOLIS MN 55404-1030 580 MARKET ST 600 MARKET ST STE 230 CHANHASSEN MN 55317 530 POND PROMENADE 8560 KELZER POND DR VICTORIA MN 55386 590 79TH ST W PO BOX 100 CHANHASSEN MN 55317-0100 0 78TH ST W PO BOX 1159 DEERFIELD IL 60015-1159 600 79TH ST W PO BOX 271 CHANHASSEN MN 55317-0271 570 MARKET ST PO BOX 404 CHANHASSEN MN 55317-0404 PO BOX 580 CHANHASSEN MN 55317-0580 540 79TH ST W • • 73DO WEST 147- STREET( SUITE 504 APPLE VALLEY, NIN 55124-758d (952) 431-4433 August 22, 2019 Proiect Narrative: Tequila Butcher Restaurant - cAl r, 11R"c The Tequila Butcher Restaurant is a proposed remodeling and patio expansion of the former Applebee's Restaurant at 590 West 79s' Street in Chanhassen. The restaurant will be locally owned and operated by the same family as Burgers & Bottles, Volstead House, Bourbon Butcher, and Whiskey Inferno all popular restaurants around the south metro. The project site is located in the Crossroads Plaza development accessed off West 791 Street just east of Market Boulevard one block north of Highway 5. The property is a 1.24 acre existing restaurant and parking lot site. The property is zoned BH — Highway and Business Services District as are the properties surrounding the site. The current and proposed restaurant is an allowed use within this zoning district. The existing restaurant has a gross floor area of 5,792 square feet and will remain the same size with remodeling of interior finishes and layout to create the new restaurant image. There will be two proposed exterior patios added to the site to provide 132 seats of seasonal guest seating for the restaurant, an amenity that is not currently provided with the former restaurant building. The west patio will be at grade near the front entrance of the restaurant and will include a yard game enclosure. The second patio will be attached to a portion of the south side of the building and will be raised above grade level with the restaurant floor height in this area. This attached patio will include a 630 square foot portion of the seating covered by a new canopy roof. Parking for the restaurant and expanded seasonal patio seating calculates to a minimum requirement of 124 stalls. The current parking provided, including the new stalls to be added along 79s' Street, is a total of 136 stalls resulting in 12 stalls more than the minimum ordinance requirement. The new patios will all be constructed with wood deck framing and composite decking allowing rainwater to flow through the deck in order to not increase the impervious surface of this overall site. However, the new canopy roof and required added sidewalks provide a net additional impervious surface of 946 square feet. This increase in impervious surface brings the site total impervious surface to 73.1% which is slightly over the maximum allowed ordinance amount of 70%. The calculations indicate that the current impervious surface is already slightly over the ordinance maximum by 375 square feet. The new canopy and sidewalk will add an additional 571 square feet of net impervious surface, still only 3.1 % total area over the ordinance. Cm OFCCENED SSEN AUG 2 2 Z019 pwp o mANING DEPT To address this slight additional impervious surface the project is requesting a variance to the impervious surface maximum allowed by city ordinance. Initially the restaurant considered removing four parking stalls to compensate for the additional impervious surface which would still result in more parking stalls than ordinance minimums, however the consensus is that removing parking stalls is counter -productive with the overall goal of adding parking for the Crossroads Plaza center in general, especially when the overage is such a small percentage of the allowed amount. The following items identify why this variance would meet the findings as required for granting a variance. a. This variance will remain consistent with the comprehensive plan and the general purpose of the ordinance. Parking lot pavement will not be increased but only a decorative canopy over a portion of the attached patio. Further the rainwater from this canopy roof will be collected by a gutter and run into a rain garden area in the adjacent landscaped area, not into the storm sewer system. b. The practical difficulty is the intent to increase parking for the overall development. As noted above, if the project offset the impervious surface overage by reducing parking stalls, the project would be in compliance with both the impervious surface amount and the minimum parking for the restaurant including seasonal patios. However, due to the broader shortage of parking stalls in this overall area, the variance addresses the existing conditions to increase total parking stalls in the district. c. The variance is based on a broader parking availability concern, not on economic considerations. d. The shortage of parking is not based on this restaurant but is a result of the conditions in the broader area. e. The increase in impervious surface will not change the character of the locality, in fact the project will enhance the neighborhood by expanding landscaping and providing additional seasonal outdoor dining for residents of the region. The existing building exterior is finished with brick, glass, pref nished metal standing seam accent roofs, and a limestone clad entrance tower. The new attached patio will have a pre -finished metal standing seam canopy roof, stained cedar colored wood deck framing, and a prefinished metal picket railing to match the picket fencing added to the site. This canopy will fit well with the existing building massing and enhance the south side of the building facing 79" Street as shown in the provided colored elevation. New landscaping is also shown including overstory trees along 791" Street and extensive additional base plantings along both new patios including 100 added shrubs and perennials. The civil engineering drawings indicate the minor grading for this project. The stormwater impacts were reviewed by the watershed district and the impacts are sufficiently minor to not require a watershed pemut. In essence, there is no change to parking lot stormwater impacts and the minor stormwater addition from the patio canopy is directed to a rain garden area. 0 0 In conclusion, the proposed Tequila Butcher restaurant provides for an exciting new dining option for the Chanhassen residents as well as guests from around the region. The added seasonal outdoor patio seating provides a great location to enjoy dining outside and creates an upgraded image between the new patios and extensive landscaping. On behalf of Tequila Butcher, we are pleased to have this opportunity to bring this new restaurant to Chanhassen. Sincerely, 6L-.6-44- uinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. RILEY f 1 Lake Drive East PURGATORY Chanhassen, MN 55317 BLUFF CREEK 952-807-6885 WATERSHED DISTRICT www.rpbcwd.org Memorandum To: Bob Generous, Senior Planner From: Terry Jeffery, Watershed Planning Manager Subject: Proposed Redevelopment at 590 W. 79th St. Preliminary Plan Review by RPBCWD Date: August 6, 2019 c: Claire Bleser; Administrator Riley -Purgatory -Bluff Creek Watershed District Scott Sobiech, District Engineer Riley -Purgatory -Bluff Creek Watershed District This proposed redevelopment will need a Riley -Purgatory -Bluff Creek Watershed District (RPBCWD) permit prior to beginning construction activities. We appreciate the opportunity to provide preliminary comments on the project. The RPBCWD has not received a permit application for this portion of the project but offers the following summary of preliminary RPBCWD review comments for the proposed W. 79th Street Re -Development in Chanhassen, MN. Because the parking lot across W. 701" Street and this activity are intended to meet the landowners objective, this will be reviewed as a common scheme of development. Additional comments will likely arise once an official application is submitted for RPBCWD review. We encourage the developer to discuss the project with the RPBCWD prior to applying. Further, we suggest that the application be submitted concurrently with the City application. The RPBCWD permit application, rules and rule guidance are available for download on the RPBCWD website: hilp7//www.rpbcwd.org/r)ermits/. The following comments are based on the rules that would likely apply to this project and highlight the areas where revisions or additional information would be needed to meet the RPBCWD rules. These review comments do not constitute approval, a variance, or exemption from the rules. This memorandum is not intended to be an exhaustive look at the potential regulatory implications as the reviewed materials do not constitute a full plan. This project will require permit approvals from the RPBCWD Board of Managers. Rule B: Floodplain Management and Drainage Alterations The District model indicates that the 1% storm event flood elevation is 949.49 feet. This elevation encroaches onto the subject property. If any fill is proposed below this elevation, the criteria set forth in Rule B, Section 3 will apply. It currently applies to the proposed parking area. This area is known to have historic flooding, particularly at the intersection of W. 7911 and Great Plains Blvd. The city is encouraged to consider the implications of increased impervious surface and the further restrictions the proposed modifications will impose upon creating additional flood volume storage. z Rule C: Erosion and Sediment Control Erosion and Sediment Control Permit (Rule C) is required from the RPBCWD because more than 50 cubic yards of earth will be placed, altered, or removed and more than 5,000 square feet of land -surface area will be altered (Rule C, Section 2.1). Please see Rule C, Section 3 for the applicable criteria and notes that must be included with the erosion prevention and sediment control aspects of the proposed project. The plans provided do not include the necessary erosion control notes or show all needed erosion control features. The needed erosion control notes for inclusion on the plan sheets are available for download under supporting documents on the RPBCWD website: http://www.rpbcwd.org/permits/. Rule D: Wetland and Creek Buffer No wetlands are present on site. Therefore, this Rule is not germane. Rule J: Stormwater Management A Stormwater Management Permit (Rule 1) is required for this project because more than 50 cubic yards of earth will be placed, altered, or removed and more than 5,000 square feet of land -surface area will be altered (Rule J, Section 2.1) based on the information provided by the City. Review of information did not provide enough detail to conclude if, in total, the new parking area and the additional patio areas will exceed 50% of the total site impervious surface. If it does not, then only the new and fully reconstructed impervious surfaces must be treated. If new and fully reconstructed impervious surfaces does exceed 50% of existing impervious surface then the applicant will be required to treat the entire site including the new parking area. Comments provided below are preliminary and general in nature and the applicant should review the RPBCWD's Stormwater Management Rule for full details on submittal requirements. The following criteria would apply. • An applicant for a permit under this rule must demonstrate, using a model utilizing the most recent applicable National Weather Service reference data (e.g., Atlas 14), that the implementation of its stormwater management plan will: o Limit peak runoff flow rates to that from existing conditions for the two-, 10- and 100- year frequency storm events using a nested 24-hour rainfall distribution, and a 100-year frequency, 10-day snowmelt event, for all points where stormwater discharge leaves the site; • A hydrologic model to simulate runoff rates for pre- and post -development conditions for the 2-, 10-, 100-year, and 10-day snowmelt frequency storm events using Atlas 14 precipitation depths with a nested rainfall distribution must be provided. Nested storm distributions are available for download at the RPBCWD website (www.rpbcwd ora/permits). • HydroCAD or another acceptable H&H model must be provided. In addition to the stormwater summary, the actual electronic model must be provided. • Provide for the abstraction onsite of 1.1 inches of runoff from the new or fully reconstructed impervious surface of the parcel; Y o Soil borings must be provided to support the infiltration rates used in the design and confirm that the ordinary high groundwater level is at least three feet below the bottom of any proposed filtration or infiltration features. o In situ infiltration tests will be required to verify model assumptions. The applicant is strongly encouraged to get these tests prior to submittal of the application materials. o In the event that the applicant seeks to have the site viewed as restricted, they must provide adequate documentation to demonstrate the restricted nature of the site. This must consider efforts to remove obstacles to achieving the abstraction goal such as relocation of project elements to address varying soil conditions or requesting variances from local zoning ordinances. o Infiltration is not the only method of abstraction; the applicant must consider other methods of abstraction and provide details as to why they are or are not considered practicable. Some examples may include tree canopy interception over impervious surfaces. See Center for Watershed Prtection work on this practice. • Provide for at least sixty percent (60%) annual removal efficiency for total phosphorus, and at least ninety percent (90%) annual removal efficiency for total suspended solids from site runoff. The onsite abstraction of runoff may be included in demonstrating compliance with the total suspended solids and total phosphorus removal requirements. • No structure may be constructed or reconstructed such that its lowest floor elevation is less than 2 feet above the 100-year event flood elevation and no stormwater management system may be constructed or reconstructed in a manner that brings the low floor elevation of an adjacent structure into noncompliance with this standard. • General Comments: o All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity. A maintenance and inspection plan must be provided. The maintenance and inspection plan must include specific maintenance requirements for the proprietary BMPs installed. o See Rule J, Section 5 for permit exhibit requirements. Summary Based on the information provided to date, the proposed design does not meet the RPBCWD rules and a permit from the RPBCWD will be required prior to construction to likely cover the following: Erosion and Sediment Control and Stormwater Management. The online permit application, rules, maintenance declaration template, and financial assurance templates are available for download on the RPBCWD website: http:/twww.rl2bcwd.ora/12ermits/. Please contact us with any questions. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 MY OF CHMNSEN Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: Agency Review Response Deadline: Date Application Filed: August 5, 2019 August 22, 2019 August 2, 2019 Contact: Contact Phone: Contact Email: Robert Generous, AICP 952-227-1131 benerous@ci.chanhassen.mn.us Planning Commission Date: City Council Date: 60-Day Review Period Deadline: September 3, 2019 at 7:00 p.m. September 23, 2019 at 7:00 p.m. October 1, 2019 Application: Consider Site Plan Review request for expansion of restaurant located at 590 W. 79' Street to add two exterior seasonal patios, one with a partial roof cover with a variance for hard cover. Planning Case: 2019-08 1 Web Page: www.ci.chanhassen.mn.us/2019-08 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adiacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska E Building Official ❑ US Fish & Wildlife ❑ Eden Prairie E Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Shorewood ® Park Director ❑ Carver County WMO ❑ Victoria ® Water Resources ❑ Lower MN River ❑ Minnehaha Creek ❑ Law Enforcement Adjacent Counties: E Riley -Purgatory -Bluff Creek Carver County Agencies: ❑ Hennepin Utilities: ❑ Scott ❑ Community Development ❑ Engineer ® CableTV— Mediacom School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Historical Society ® Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ® Natural Gas — CenterPoint Energy E Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ElBoard of Water & Soil Resources Authority MN Landscape Arboretum ElEl Health El Society El SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ❑ Natural Resources -Hydrology ❑ Pollution Control CkiJlVer ❑ Transportation 0 Document #: A680845 Date: 08-02-2019 Time: 09:08 AM Pages: 11 Recording Fee: $46.00 Paid on 08-02-2019 County: Carver State: MN Requesting Party: CAMPBELL KNUTSON PA Kaaren Lewis County Recorder CITY OF CHANHASSEN RECEIVED AUG 2 8 2019 CHANHASSEN PLAMING DR PARKING EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made as of t-, 2019(the "Effective Date") by and between the CITY OF CHANHASS 9 N ("City"), a Minnesota municipal corporation and CHANHASSEN WEST 79TH STREET, LLC, a Minnesota limited liability company ("Grantee"). RECITALS: WHEREAS, the City is the fee owner of real property legally described on Exhibit "A" attached hereto and made a part hereof ("City Property"); and WHEREAS, Grantee is the fee owner of real property legally described on Exhibit "B" attached hereto and made a part hereof ("Grantee Property"); and WHEREAS, Grantee plans to lease the Grantee Property to Chanhassen Butcher, LLC, a Minnesota limited liability company ("Tenant") for operation of the "Restaurant"; WHEREAS, the Tenant requires additional parking to serve the Restaurant as required pursuant to City of Chanhassen Site Plan approval for the Restaurant on Grantee's Property; WHEREAS, Grantee desires an easement for parking over the City Property to serve Grantee's Property and the Restaurant; WHEREAS, the City agrees to grant a parking easement over the City property for the Restaurant pursuant to the terms of this Agreement; NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Grant of Easement. The City hereby grants to the Grantee, and its agents, employees, tenants, contractors, customers and invitees, an exclusive easement appurtenant to and for the benefit of the Grantee Property for construction of the Parking Lot Improvements (as hereinafter deemed), vehicular parking, and vehicular and pedestrian ingress and egress, upon, over, and across the parking areas, driveways, curb cuts and sidewalks from time to time located on the portion of the City Property legally described in Exhibit C and depicted in Exhibit D, attached hereto and incorporated herein ("Easement Premises"). 2. Construction of Parking Area. Grantee will, at its own expense, contract for the construction of the parking lot, consisting of approximately 25 parking stalls and related improvements ("Parking Lot Improvements") within the Easement Premises pursuant to plans and specifications approved by the City for the Parking Lot Improvements and consistent with the requirements of the Site Plan approval by the City and the City Code. Grantee shall be responsible for all costs associated with the construction of the Parking Lot Improvements. The parking lot and related improvements must be completed by November 30, 2019 or this Parking easement agreement shall be deemed terminated. 202819YI 0 0 3. Parking Lot Maintenance. Repair and Reconstruction. Grantee, at its own expense, will repair, maintain, and make any necessary improvements to the Parking Lot Improvements, including the surface of the parking area, snowplowing, sweeping, removal of debris, striping as needed and maintaining the same in a clean, safe and orderly condition during the Term of this Agreement. In the event of any damage to or destruction of all or a portion of the Parking Lot Improvements during the Term of this Agreement, Grantee shall, at its sole cost and expense, with due diligence, repair, restore and rebuild the Parking Lot improvements to substantially the same condition as prior to such damage or destruction. 4. Compliance with Applicable Law: Permits and Approvals. Grantee, its successors, assigns, contractors and subcontractors, and tenants shall comply with all applicable federal, state, and local laws and regulations relating to the construction of the Parking Lot Improvements, and in the use of the Easement Premises and performance of the obligations set forth in this Agreement. Grantee shall be responsible for obtaining all governmental permits, approvals and licenses necessary to undertake the making of the Parking Lot Improvements within the Easement Premises as contemplated by this Agreement. 5. Restoration. Upon completion of any work by Grantee resulting in any damage to the portion of City Property outside of the Easement Premises, Grantee shall, in all cases, restore said portions of the City Property to the same or similar condition as it was prior to such work. Any such restoration shall be completed as promptly as weather permits, and if Grantee shall not promptly perform and complete the restoration, remove all dirt, rubbish, equipment and material, and put the portion of the City Property outside the Easement Premises in the required condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Grantee. Grantee shall reimburse the City the cost of restoration within 30 days of receipt of a paid invoice for the restoration. This remedy shall be in addition to any other remedy available to the City under the terms of this Agreement. 6. Indemnification. Grantee, its successors and assigns, shall indemnify and hold harmless the City from and against all claims, liabilities and expenses (including reasonable attorneys' fees) relating to accidents injuries, loss, or damage of or to any person or property (including all Parking Lot Improvements) occurring on or about the Easement Premises, wholly or in part, as a result of any act or omission by Grantee and its agents, employees, tenants, contractors, customers and invitees; excepting, however, that the City shall not be indemnified from any loss or liability resulting from its own negligence or intentional misconduct or the negligence or intentional misconduct of the City's contractors, employees or agents. 7. Insurance. Throughout the term of this Agreement, Grantee shall procure and maintain commercial general liability and property damage insurance against claims for personal injury (including contractual liability arising under the indemnity contained in Paragraph 6 above), death, or property damage occurring upon the Easement Premises, with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000) or the City's statutory limits under Minn. Stat. ch. 466, whichever is greater, including umbrella coverage, if any, written by one or more responsible insurance carriers licensed to do business in the State of Minnesota. The City shall be listed as an additional insured on the insurance policies required under this Agreement by endorsement. The Grantee shall provide a copy of the insurance certificate and endorsement upon request by the City. 202818v2 & No Liens. Grantee shall keep the Easement Premises free and clear of all liens and encumbrances arising from the exercise by Grantee of its rights under this Agreement. 9. Default and Remedies. If Grantee defaults in any obligation under this Agreement and fails within sixty (60) days after receipt of written notice of such default to commence such action as is reasonably necessary to cure such default and proceed diligently thereafter to cure such default, the City shall be entitled to the remedies of specific performance and/or injunctive relief to enforce Grantee's obligations hereunder, in addition to all other rights or remedies available at law or in equity and the City may terminate this Agreement as a result of Grantee's default hereunder. 10. Real Estate Taxes. Grantee shall pay, or cause to be paid prior to delinquency, all real estate taxes and assessments which may be levied, assessed or charged against the City Property as a result of this Agreement. 11. J=. Except by amendment of this Agreement executed by the parties and except as provided in paragraph 9 of this Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date, shall continue through the construction of the Parking Lot Improvements, and shall only terminate upon the termination of the use of the Grantee Property for the operation of a Restaurant, multiple restaurants, or a single restaurant as part of a multi - tenant building; provided, however, the Term of this Agreement shall not terminate as a result of the Grantee Property not being used for any such purposes during any periods, not to exceed twelve (12) months, of development, redevelopment, or renovation of improvements upon the Grantee Property. 12. Amignmaj. This Agreement may not be assigned by the Grantee, except by written consent by the City, in its sole discretion; provided, however, the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land pursuant to Section 19 hereof in the event the Grantee Property is transferred. 13. Time is of the Essence. Time is of the essence of this Agreement. 14. EntireAgreement* Amendment. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. This Agreement may be modified or amended only upon the mutual consent of City and Grantee, or their respected legal representatives, successors or assigns. 15. No W aiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 16. Notices All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been given (a) when personally delivered, (b) one business day after being delivered to a reliable and recognized overnight courier or messenger service which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) three business days after being deposited in the United States mail in a sealed envelope by certified mail, postage prepaid, addressed to the respective party at the address set forth herein or to such other address as set forth in a notice given in accordance with this Section. The notice addresses of the parties are as follows: 2028180 0 E City: City of Chanhassen 7700 Market Boulevard Chanhassen, Minnesota 55317 Attn: City Manager Grantee: Chanhassen West 79t° Street, LLC 8560 Kelzer Pond Drive Victoria, MN 55386 Attn: Jay Scott Either party may change its notice address by delivery of written notice of such change to the other party in accordance with this Section 16. 17. Severability. The invalidity of any portion of this Agreement shall not impair in any manner the validity, enforceability or effect of the rest of this Agreement. 18. Governinp Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 19. Covenants to Run with Laud. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of and be binding upon the owners of the parcels identified herein, their permittees and their successors, assigns, heirs and personal representatives. [Remainder ofpage intentionally left blank] [Signature pages to follow.] 202818v4 CITY OF CHANHASSEN By eg;t� & A (SEAL) Elise Ryan, M or And /U 1� J_a— odd Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this QX-Ay of , 2019, by Elise Ryan and by Todd Gerhardt, respectively the Mayor and City Manag of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _ NCO' Public K'M 202818v5 CHANHASSEN WEST 79TH STREET, LLC Its: pre3'tjW4— STATE OF MINNESOTA) ) ss. COUNTY OF fir- ) The foregoing instrument was acknowledged before me this 1V&y of MAIQ 2019, by Jay Scott, the tJf2sA e +' of CHANHASSEN WEST 79Tn STRE19T, a Minnesota limited liability c mo liability on its behalf. i `11/1l ' ! 064 a ANNE KATHRYN LUNDELL Notary Public -Minnesota i...., 6 My Co ,wow F.1tp m Jw 31.2021 DRAFTED BY: CAMPBELL KNUTsoN, Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP 202818v6 0 EXHIBIT A Legal Description of City Property Outlot B, Crossroads Plaza Addition, except the Highway 5 Right of Way, Carver County, Minnesota. AND Lot 3, Block 2, Frontier Development Park, except the Highway 5 Right of Way, Carver County, Minnesota. (abstract and torrens) 2028180 EXHIBIT B Legal Description of Grantee Property Lot 4, Block 1, Crossroads Plaza 3`d Addition, Carver County, Minnesota, according to the recorded plat thereof. 202818vg EXHIBIT C Legal Description of Easement Premises All that part of Outlot B, Crossroads Plaza Addition and that part of Lot 3, Block 2, Frontier Development Park, Carver County, Minnesota described as follows: Commencing at the northeasterly corner of said Outlot B, Crossroads Plaza Addition, said comer being the most easterly comer of said Outlot B lying on the southerly right of way line of West 79th Street; thence southwesterly along the north line of said Outlot B a distance of 85.41 feet along a curve concave to the north, said curve has a radius of 280.00 feet, a central angle of 17 degrees 28 minutes 38 seconds and a chord that bears South 65 degrees 53 minutes 48 seconds West; thence South 1 degree 59 minutes 52 seconds West, not tangent to the last described curve, a distance of 36.68 feet; thence westerly 306.11 feet along a non -tangential curve concave to the north having a radius of 315.19 feet, a central angle of 55 degrees 38 minutes 37 second and a chord that bears North 75 degrees 33 minutes 11 second West; thence northwesterly 64.73 feet along a reverse curve concave to the southwest having a radius of 172.37 feet and a central angle of 21 degrees 31 minutes 00 seconds; thence North 26 degrees 26 minutes 48 seconds East a distance of 35.34 feet to the north line of said Outlot B; thence southeasterly, and easterly along the north line of said Outlot B to the point of beginning. 2028180 0 0 EXHIBIT D Depiction of Easement Premises s I a 102818%1 10 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 08/05/2019 1:24 PM Receipt No. 00415781 CLERK: AshleyM Chanhassen Butcher Street West Chanhassen MN Tequila Butcher Planning Case 2019-08 ------------------------------------------------------- Variance 200.00 Sign Rent 200.00 Recording Fees SO.00 Site Plan Review 550.00 GIS List 39.00 1,039.00 0.00 1,039.00 0.00 SCANNED U TEQUILA BUTCHER - PLANNING CASE NO.2019-08 (BG) $500.00 Site Plan Review (Commercial/Industrial Dist.) $50.00 +$10 per 1000 SF of Building Area (5000 SF) $200.00 Variance $200.00 Notification Sign $39.00 Property Owners List (13 addresses x $3 each) $50.00 Escrow for recording variance documents $1,039.00 TOTAL $1,039.00 Check 3097 from Chanhassen Butcher $0.00 $0.00 BALANCE OWED SiAJ, N a0 19 -Cl y r COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — Markel Boulevard CITY OF CHANNSEN Mailing Address - P.O.O. Box 147, Chanhassen, MN 55317 Phone:(952) 227.1300 l Fax:(952) 227.11 IC APPLICATION FOR DEVELOPMENT REVIEW Sub qAI Date PC Oair 3 I!1 CC Daia-1 . I 60Oey nsr!ew Date', �L WOW to Me anp'norub .Appreafro CneChhtr Mr r red Ubnnal mlwmnlran Nor must attomoai Not eppretrarn) ❑ Comprehensive Plan Amendment .........................$600 ❑ Minor MUSA line for lading on -site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single-FamdyResdence......... ....................... $325 ❑ All Others .................. ......... .............................. $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others .... ..... ...................................... .......... $500 ❑ Sign Plan Review ................................................... S150 ❑� Site Plan Review (SPR) ❑ Administrative..................................................$100 III Commercrallindusinal Disincts'..................._.S500 Plus SID per 1.000 square leet of building area: 1 thousand square feet) 'IrrJude notion of exi . employeer 4 'InClyde nvnOn of rrw empbYees ❑ Residential Districts .................... .... ..... ............ $500 Plus S5 per dwelling unit ( units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ... ... ........................... _....S300 ❑ Create over 3 lots.......................S600 • $15 per lot 1 loss) ❑ Metes 6 Bounds(2lots)........ ......... - ............... S300 ❑ Consolidate Lots .............................................. $150 ❑ Lot Una Adjustment ....................... _..... .......... S750 ❑ Final Plat ........................ ............ ........ ....... ....... $700 (Includes S450 escrow for attorney costs)' 'Adaeonal etem+mV be regaled far dour appsoeorn through me devork"i v nl cddlreu ❑ Vacation of Easements/Right-of-way [VAC) ....... $300 IAdGUonal r0rilin e) lees may aPPM) ❑+ Variance (VAR) ................ ......................... .....—....S200 ❑ Welland Alteration Permit (WAP) ❑ Single -Family Residence ............................... 5150 ❑ All Others ......... .......... ..... .__........ .......... ....... S275 ❑ Zoning Appeal ..................................................... S100 ❑ Zoning Ordinance Amendment (ZOA).... ........... . S500 NOTE: Man munpls applications are proceaeed eoocurrontly, the appropdap fee shall be charged tdr each agiacaeon. ❑ Notification Sign Ieer to initial arN renrovel.................................................... ........ ........................ —....._------ . _.............. . $200 ❑� Property Owmys' List within 500' lcdy to generate aaer W"Pi licauon meelmgl.................................................. 53 per address ( 13 addresses) ❑ Escrow for Recording Documents (check an that apply) ............................ .................. S50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation 41 Variance ❑ Weiland Alteration Permit ❑ Metes b Bounds Subdivision (3 dots.) ❑ Easements I— easements) ❑ Deeds 51,039 Section Description of Proposal: Expansion of restaurant to 2� Required Information add 2 oxberbr seasonal patios, one with a partial roof Cover. Property Address or Location- Parcelal. 25249DG40 Total Acreage 1,24 acres Pnesenl Zoning. Select One 590 701h Street west Legal Description: Lot 4, Stock 1 Crossroads Plaza sin AOOnton Wetlands Present? ❑ Yes ® No Present Land U59 Designation: Select One Existing Use of Property: Restaurant ❑Cheek box if separate narrative Is attached. Requested Zoning: Select One Requested Lard Use Designation: Select One SCANNED Scanned by CamScanner Scanned by CamScanner W SATHRE-BERGQUIST, INC. 150 SOUTH BROADW'AY. WAY/.AII A, MINNESOTA. 55391 TEL:(952)176-6000 FAX:(952H760104 WEB:WWW. SATHRE.C)M Jul% 30. 2019 Robert Generous. AICP Senior Planner C itv of C hanhaswm Phnna: 952.227.1131 wvsw.ci.ehanhassen.mn. us Parcel: Moon Valle% Pit Bob: We have prepared aline by line response to your email. Please let as know if you have any questions. a. Apply fix new IUP with Development Review Application with vow revised proposal. nentCcntcr\'ic,, 1489 Response: See attached Permit. I ) Existing conditions survey with current topography Response: See attached pages 1 through 4 prepared by Sathre Bergquist, Inc. 2) Revised Grading, Erasion Control and Storm Water Plan Response: See attached pages 5 through 8 prepared by Sathre Bergquist, Inc. 3) Surface Water Pou Lion Prevention Plan S WPPP. Response: See attached Storm Water Pollution Prevention Plan prepared by Merjent, Inc. -3CANNEE 4) Restoretiw Plan CITY OF CHANHASSEN RECEIVED AUG 0 2 2019 CHANHASSEN PLANNING DEPT Response: See attached page 9 prepared by Sathre Betost, Inc 0 5) Plat to address sport lime stockpile Response: The lime will be backfilled in the excavation as needed. The lifts will be no more than 12". A minimum of 3 feet of overburden will be placed on top of the spent lime. 6) Plan for equipmem removal Response: Terry Brothers plan to store their equipment on site for the near future. The equipment will be used intermittently and as needed. The temporary staging area for Ames Construction will be used until the highway construction is complete. b. close p operation 1) Restomon retivirc a Response: a. All slopes to be seeded and blanketed in accordance with the Restoration Plan. It. All slopes to be seeded in acttxdancc u ith the Reuoration Plan Wage 9) and by the direction of Jill Sinclair. Fro ironme tW Resources Specialist Cit% of Chanhassen. 952-227-1133 c. The East side shall be cornpleted and fWW resorted print to the start of the grading of the East side. 2) storm water symm Response: The pit currently drains to a large pond in the center of the site. A perforated riser pipe with a valve is the current outlet. In typical rainfall events, water is not discharged from the pond. In large rain events, the valve is opened and the storm water is discharged to a sedimentation basin. The sedimentation basin outlets under the highway in an existing culvert. When the site begins final restoration a permanent outlet structure will be designed. C. Permits: Copy obits from DNR MPCA. Lower Mi®aota Watershc4W County, ere. Response: We currently have an MPCA Industrial Stone Water Permit. The permit is in the SWPPP. I have emailed copies of the plans and have inquired with the DNR, Lower Minnesota Watershed, and Carver County. They have been contacted in the past and have stated that permits were not required. If you have my question& comments, or concerns. Please contact me at 952476.60M or 612- 741-9930. Daniel L. Schmidt P.E. Date SATHRE-BERGQUIST, INC. • 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #?????? 1. Permit. Subject to the terms and conditions set forth herein. the City of Chanhassen hereby grants an interim use to grade portions of the Moon Valley Aggregate site. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen. Carver County. Minnesota: All that part of Government Lot 1. Section 36, Township 116. Range 23, Carver County. Minnesota. which lies northerly of Flying Cloud Drive: and. 27 acres in the west half of northeast '.i, south of the railroad and north of Flying Cloud Drive. Section 36. Township 116. Range 23. Carver County. Minnesota. 1 acre in Government Lot 3 north of Flying Cloud Drive being that part of the northwest'.: of the northeast '/. and the northeast '/. of the northwest '/. in Government lots 2 & 3. Section 36. Township 116, Range 23. Carver County. Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a) The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. b) Permits from the appropriate regulatory agency must be obtained: including but not limited to the Minnesota Pollution Control Agency. Lower Minnesota River Watershed District and Carver Count%. c) The applicant must submit a phasing plan.This information shall be submitted annually a minimum of 30 days before the anniversary of City Council appro%al. d) An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix. Chapter 33. e) The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. f) Grading on the east side of the creek must cease at or above the 756-foot contour; this must be reflected on the next plan submittal. g) The applicant must provide the City with a cash escrow or letter of credit in the amount of 1101 o of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures. site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversan date of City Council approval. h) Permitted hours of operation will be 7:00 a.m. to 6:00 p.m.. Monday through Friday. and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. Grading on the east side of the creek must cease at or above the 756-foot contourand all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading. Drainage, and Erosion Control Plan dated July 29, 2019. j) If the excess material is hauled to another site in Chanhassen. a separate grading permit will be required for the other property. k) Type 11. reinforced silt fence must be installed and maintained at the northwest comer of project, and in all areas specified in the Grading. Drainage, and Erosion Control Plan. Type 11 silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 1) Exposed. unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading. Drainage. and Erosion Control Plan. m) Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading. Drainage. and Erosion Control Plan. n) All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated July 29, 2019. o) , and phasing plan to be submitted by applicant. p) Tree preservation fencing must be installed at the edge of grading limits. q) No tree removal is allowed beyond the 756-foot contour on the east side of the creek. r) MnDOT Native Mix 340 must be used for the seeding. s) All restored slopes shall be planted with trees. The trees shall be bare -root, native species. one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 10 x 10 436 t) A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. u) Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue. v) Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Laase. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse. unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated:JuIv 30, 2019 CITY OF CHANHASSEN By: _ Mayor En STATE OF MINNESOTA ( ss COUNTY OF CARVER City Manager The foregoing instrument was acknowledged before me this day of, 2019. by Mayor, and , City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boule%ard P.O. Box 147 Chanhassen. MN 55317 (952)227-1100 Generous, Bob From: Quinn Hutson <ghutson@cnharch.com> Sent: Friday, July 19, 2019 3:36 PM To: Generous, Bob Subject: 19064 - Chan Apple Restaurant: Impervious Surface & Parking Balance review Attachments: Planning Analysis.pdf, SC03 - Site Plan - Removed Impervious.pdf, SC01 - Aerial View - Existing Parking.pdf Follow Up Flag: Follow up Flag Status: Flagged :.. Our office has completed the first steps in the review of the former Applebee's Restaurant (currently we are referring to it as Chan Apple Restaurant until a new name has been selected.) The Planning Analysis provides a review of the parking associated with the current restaurant plus the proposed summer patio additions. As you will note, the site along with cross parking and new stalls provides a total of 136 stalls available for the restaurant, see SCOT Existing Parking. The restaurant itself prior to patios requires 109 stalls of parking by ordinance. Using the ratio we discuss on the phone of 1 stall / 200 sf for seasonal space related to the patios, there are 7 additional stalls needed for the patio addition. All combined this results in a total required parking of 116 stalls leaving a current extra of 20 stalls. Moving to the balancing of impervious surface, we propose removing 4 parking stalls from our calculated 20 stall overage to compensate for the addition of a 630 square foot proposed patio canopy roof. The stalls we are looking to remove are shown on the attached sheet SC03 and represent an area of 924 square feet. This results in a net reduction in impervious surface of 294 square feet between the patio roof addition and the parking stall removal. Please review these calculations and drawings and let me know if we are on the same page with this item. Secondly, we would took at proceeding with drawings for approvals and permit. Is there any additional information that the planning department will be needing prior to us developing a set of plans for permit? Will planning, engineering or inspections department require civil grading plans for this minimal work— or will architectural site plans be sufficient? At your convenience, please email or call me to discuss further. Thanks, Quinn S Hutson, AIA, LEED AP Principal Direct952-997-4583 Cell612-790-7943 CNH Architects 7300 W 147th St, Suite 504, Apple Valley, MN 55124 Office 952-431-4433 3CANNw www.cnharch.com 91 Confidentiality Notice: 1 his message and any attachments are for the sole use of the addressee(s) and may contain privileged and/or proprietary information. If you are not the intended recipient, you are hereby notified that any dissemination or duplication of this message is strictly prohibited. If you are not the Intended recipient, please notify us immediately by reply email and destroy all copies of this message. Thank you. E 7300 WEST 14TTH STREET SUITE 504 APPLE VALLEY MN 55124 (952) 431-4133 Parking Analysis - Chan Apple Restaurant Parking Ratio Building - 1 stall / 50 SF 0.020 Stall / SF Patio - 1 stall / 200 SF 0.005 Stall / SF (Per Bob Generous at City) Gross Floor Required Area Area (GSF) Stalls Restaurant 5,456 SF 109 stalls Patio A 900 SF 5 stalls Patio B 468 SF 2 stalls Total 6,824 116 stalls Currently Provided Parking Existing On -Site Parking 87 stalls Cross Parking - Walgreens 24 stalls Proposed Parking - Easement 25 stalls Total Existing Parking 136 stalls Current Parking Overage (Provided - Required) 20 stalls LLE99 NW 'uasse4ue4O M 1M15 416L 1SOM O69 O a m80 U) oQ aE $ <w iuejneisa� uasseyueyo m m 05ME I, i o0 moo► : , • C Riley Purgatory Bluff Creek Watershed District Permit Application Form Return Application to: TO BE COMPLETED BY THE DISTRICT: Riley Purgatory Bluff Creep Wdenked District PERMIT NUMBER: AMOUNT RECEIVED: _ DATE: _ 18681 lake Drive East Chanhassen. MN 55317 RECEIVED FROM: Phone: 952-607-6512 DATE APPROVED: ww v RPBCWD.org PERMIT EXPIRATION DATE: I. Name of each ptopeRy owner: C/tj A 6#AVMAsf6W - LURE `CFfkMf Cny: Qt-AW1f1#5f*^ staw:m-/ Zip. 55-717 Mailing Address: _ _.P0 Q K 147 Email Address: t-C Fr-N.tMTn G. cMaNHarreN. M.v.✓r Phone: ts�-ss-'1-/lee In: 9SL-t=7-//fo 2. Property Owner Representative Information (not required) niceosed contractor, architect, engineer, etc...) E Representative Name: toy f[er-r, 69Av PaP-hr-4LYtMM Bmicess Name: SOL a . 4-0`4 - Frrj Business Address: BfCO /aPL ieF_R -e I^,•A City: YIKeHA State: HAI Zip: $YFM _ Email Address: -rimm rT d seL Ae Ce Phone: ii(- 716- 6e 60 Fax: _ 3.Project Address: Jr-ar Awn ( W.-I 1 fraFer- City: C.Ka., rfisra n/ State: MW Zip:_Pm: yr a to .- 4. Size of project parcel (square feet or acres): 175 acear COvtL•T B co-�rrP•A-Or f+aa-sp trAO. Area of disturbance (square feet): _ _L! e•,a fG Volume of excavation/fdl (cubic yards): impervious 500 rF Area of existing impervious surface: o Area of proposed surfaces: _d4 Length of shoreline effected (feet): _ N A Waterbody: 94P.i"'!.,n Cl rr 5. Type of permit treias applied for (check AU that apply): 0 FLOODPLAIN MANAGEMENT EROSION & SEDIMENT CONTROL 0 WETLAND & CREEK BUFFERS 0 DREDGING & SEDIMENT REMOVAL 0 WATERBODY CROSSINGS/STRUCTURES 0 APPROPRIATION OF PUBLIC WATERS STORMWATER MANAGEMENT 0 APPROPRIATION OF GROUNDWATER 0 SHORELINE/STREAMBANK STABILIZATION 6. Development Type: teorrµ-14- I MFr c C r 1b wwpol- NarsNuLa-.rP lvriw•Grs ._ 7. NPDES/SDS General Stormwater Permit Number (if applicable): N/A S. Waterbody receiving rmoff from site: P✓A4 i C a G 9. Project Timeline: StartDate: fF e T f Ate' - Coma letim Date: NpM/FPIjLft7 0•at /r P ✓rrws S•AH B�rn60 wi*f0 nk0 for: � County-*, MN Pollution Control A DN COE Permits have been applied rty Permits have been received: City 0 County 0 MN Pollution Control Agency 0 DNR 0 COE 0 Submittal Requirements Complete applications must be submitted and received 30 business days prior to the regular Board of Managers meeting, generally the first days). Applicants most submit a paper copy and an electronic copy of all Wednesday of each month (cheek website for exact meeting information as specified by District's Rules (see uebsite for comptetc rules or contact the District office for a copy). required Applicant Signature " 1 understand that, as the perrnittec, I am legally aecomtable to ensure compliance with the terms and conditions of the permit. I understand the If the project is modified, 1 will obtain approval by the Riley that I am not authorized to begin the project until I have received permit. Bluff Creek Watershed District before I continue with the project. 1 authorize the District, and its agents, employees, officers, and Purgatory contractors, to enter the project site to perform any inspections of work authorized by the permit or any applicable law." ••I certify that I have thorougW#rrcadend understood the above information" Sign of Each Property Own" Date SCANNED G Q f 2 7 F N W n F- I Is. a ; -...,,,,±.esiez.re!ilcetrerealR�st::::H :BrJ Patf rzs:v:afa:aT..r L7 w, o � � O. O p 1 {� 4 o--- � TI l^i a v Y N ,- M4.—, . 91 le, 71 P, 0 0 w w0 0 H 0a_ r. i --- p. `[ ,\ja Lpjnq epbel§ � A .. *� . � . , B ® » | ---------------------------------------------- ! q ! \ § § I � a - ) � q § al m| S k m zoso G 1114�ing epnbal I) W I'== 4 ones .+`.wMee !a 'sit" AD ���E:�ddF9lt3a�s�S18Y"aIEIaQa IMP a x � ¢4f �RlF�lf S! 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I I I I I I I I I I I I I QScheTatic Overall Site Plan csm ,tlC�T CNM NO. 19 REVISIONS: T— O U CITY SUBMITTAL - NOT FOR CONSTRUCTION NEI • rrnMmmM771 NOUN Sri " � �� i� NEE � � S •1 � . •, '. �� �r.1111'.amill a� I .............:...:...... T. a- v CNH NO.:.19DU DATE: W16119 REVISIONS: r m ez � $e F m i1 FloorlFunilure Vlen Exterior Elevation N 0 U CITY SUBMITTAL - NOT FOR CONSTRUCTION LaM«a�ygpc- 1iNmbLL*pW�EWbnow4 vi ui ,,.. b,ma.weeb+aeaba.ee.e n ee.�e em.nynien nm m. W W eaaw Fev mgaUan xoms v�g3s]b rcx extr�ane ganvrp W Schematic Overall Landscape Plan `csu� me=ra J. - rapgp4`c a CNN NO.: 19W DATE: WIV19 REVISIONS: d L U co N & c Sm � $u laMsrapa PNn (M lO v J U CITY SUBMITTAL - NOT FOR CONSTRUCTION l 1 t 1 I , ` 1 1 � U�J 9 6 1 � n T� 1 _ G. 9%'IG sai J 0r GRADING LEGEND FIf6lP1Gyxo R) � —rc! �aSR� � ,rvOF%CWTWR <1MR NIDGUTTFA —N—NFI STOW SEN'6R % 6G a 3 SMT MAM-GRO,MD1 0. FLM Dw6CloN / / / / / / / / / 1'=3O o To <v 60 NOT FOR CONSTRUCTION A 0I1:R I CNH NO 190 DATE'. 08'16119 REVISIONS. `m t M m yz Drainage anE Gramn9 Plan U SCANNED Roof above Patio'A' Kitchen 104 S Existing roof above First Floor Plan 1" = t 0,,0„ I O N M UP v� Back Bare Women's Restoom Men's Restrc 106 Hidden Bar 103 Li p G 0 , Ca 0"D L / \ J Host Stand WIN! ,• 01 • •,• 01i 101 Patio 4) CNH NO.: 1906/ o DATE: 07/2?/19 REVISIONS: C a-+ N 0)LO �z N t� to rn c tv r IZ— �ch q) 1n C: CD m � � c L o t U � t, Schematic Floor Plan SC05 e2018 Ll� 8 811u _1 ewer_. YCI8 P""r\W(Fr9A' YOi LLC PAH(S" 8 —i Pn E5z49LIro Property Descnphon ..vi as mil-Oul xrwL T1 tSUR Names et 1 Proyafy desriptiwr per Chirogo Of/e Insurance Campmy Title Chartantent Number 54]]S E ats,. Na I or A® aM c>'ews Baaan9 r� S 1� futtw, ou r.pma Irxa rmrss Parcel is y r % lot For unt, Rhino One (i). Casroads Paza 3"d Add/ftrr. _ - Caner f and MMnea Pr agbpY-1' Aa act 2 one irrens Propafy yaoo _ Pocd 2 ce>m.�s,r NP r w sera. IM, - AECe96. rig E and prang eoswnenes co21, 19i n bat Dwoon of Coss Access, oonth ueY'ar Proem os sac Le rewss _ -' , me Prang Ab kaotfs and IS6 (Ton 21, 1995 Ned December 22. /99S as Document • pvc xa ams4 (4 NJ _ N. r89152 (Absbacr) and 9R156 (Twrra) t pe Ya" Purad J a'tuahaa wrece 00 _ Ingre9A egn ss and prkMq easements cmtaMee M Amended and Restated ParkM9 and A.doted "�rf 21. M.S, Ned May 5, 2005E as Oacumrt Na 41JP40 (Abstract) and 152456 1 (T."). _ ; no zSNgawzo NoGer _ - 1 Omw aNIA 5 Ma/AS FAMILY LP 1 � 1 1) Ma surrey eas pleprsd Lhng cbk Title insreonm Company Fla. Clronitment y}]] Nombr 54]]5 horny an eRectfw eafe of Ady 11, M18 at 07:00 AM. i1 1 e 1 2) SLDAacr prgsrly aPoears to be class/bed as Zane C when sorted barn Flood Menrance BLOCK/ 11 p ii� a Rate Map Crnmunity - PanelNumbr 270051=59 dated my Z 19n.. 11 J) Subject praperty contains S.Xt?m sq. ft. a 0 1.24acres �� l A -7 A _ oRII I~ L _/-1 L-/-1 Keg 4) No zankrg hAsnhation provided by dkht at fore of y I/wRY t0nmf Pm as, Pet N5 rt.IL1 .101 AWAIKeL Its sJ 1 L 2 m_n Sub' t 5) pc property cmtaMe 67 total pahMg stalls, Mdudnq 4 hrrdicopped stalls. 6) Me underground ufArthes sham haw been located ban rWd surrey hfo-marfon and 1 sebtng bawATgs Me ah n, r moans no gu.t. that the undeground unities shorn In Me c. ublitties � int not srrcnt Moties the wdaw m d he u t location „doned shank one dkafedr 1 dMough he saes certify mot May re located as accurately as possible barn nrrmatfon ovvaabte. Me surwyr has not physically located the underground utflft/es (Gopher State One Col Ticket Na 1R2222]49). { 11 > to ]f Ad)ohhg owners shorn per Crwr Comfy paaad Yebsks.. 9Wseve 1 1 U 1 8) Mbste,oad P,l a„d Sawes. Inc. was not Pralided adfvfnr deM.c earn LOT 4 i �) N N 1 9) the bearMgs sham an this surrey re bosed an the Cover Ca ty CoordMate System. PARCEL 1 1�; "edule B Section II Ewepdaw ocPse IE � 1 as ba., E., IM Mr'M Keo jelse 1 `, r fie following notes crrespond to the numbering system or Schedtle B, Sect/on 11 pe, net RWaS Al"A .Wp MINIMAL, (ts YJ 1 1 1 Esos bars or the above en mtioned c title rer nmifint. L-=cgs �1�,m I 9) Easement Mr oblitke and Mohoge as sham an the receded plat of Coseonds Para y �gd Sri A"hon. AFFECTS AJBZCT PROPERTY, AS SHOW HEREO`l. b ��� a = 1 IO Rasfrictlans set larch h Mlrrant Oeed waled 4, ]PERT Ned 11, ) Y Sepfihnb� = e e 3 197aNAn as Na 0391E (Abstract). AFFECTS AI&ECT PROPERTY, BL,WKET W SECT BLANKET IN / Sy 1 % NOTDocoon.f NOTE, �Aranty �P.La sfees tsY gayer a--_ t= 1 Above Decal not n NOTE` Above WrranfY AN not manrblized ante CertlRcote of rifle. AMA- 59t) . 5bst Mot pqe ere Onsba atae A wwe. 5WI, i vim �s11 9 O §$� 11) Tams and conditions of and easements M accest, utility and porakng purposes \ L AINft deport ao - Sao R AL 3 3 y�z> 1 a contained in Dedration or Cass Access, Utility and Porkhg Easements doted December S o 21. 1995. Nee Cecenbr 22. 19951 09 Davmmt No. 789152 (Absract) and 90156 (Tenors). AFFECTS MARXCT PROPERTY, AS SM7W HEREM.. e @@ 1 72) Terms, rondiMsIs and restrictions cantaMed M Oxlratrc„ of Restnatons dated \\ cter No AOooament 18IAN(ET 1 1 N1o. B0I5] (Torenss). A iS1995UB,CGT PROPERTY, INMA71RE FIT j L TRAPHIGILY SHOMN. As onant Or Cosine to Use eared December 9, 2002, Ned y J. 2003 as 1 1 Document No. WRE.T2 O T GRAPH and 1J268E (Tmans). AFFECTS SUB.ECT PROPERTY. TS SU BLANKET /N NATURE, NOT GRAPHICALLY SHOMN. .` Mas:� xa. � _ •+�!!�/ 1 _ ffsLM a LaPea°P ass. A I1 11 I T I /l A I 1 3 1 13) Tenn,, oanditiAns, ..ts, I hIctioas and ProKrms set MITI, M MOmanty Dees /-1 i-1 V l l l l/ I V 1 £ 1 dates Jinn A 1996, Ned ,one 5. 1996, as Document No 1%184 (Abstract) and 92171 ..k E •YdaWF,� rrtl.___ i \ �ag rs'Yswu� 9J \ \ QSwM \ _ o Denotes set yz114' Jr. Ppe mrked elfin \ \ Poetic Cap hssr®ed with Lk Na 2J02I, anfees othersbe mates. \ Is Denotes ban Monvenent Tome an now � Banat. Cent That, monsnett _ sea 111. 1Nsma1n11sowwl YMiR 1 (Terms). AFFECTS SUB.ECT PROPERTY, BLANKET W NATURE NOT GRAPHICALLY SHRMN. Spy 11 3 1 14) Terns, card/bons and obligations oantaned M Canbaet Tor Pdmfe Redewlapment 8 1 a dated Jm1e J. 1996, Ned Jane Do. -ant 1996. as Doment No 196185 (Ab.bocf) and 92172 1 5 1 (Tamensr. AFFECTS SVB,ECT PROPERTY, BLANKET IN NARAPE NOT GRAPHICALLY SHOW.. --� ---_-� 1 15) Terms and oaneMss of and aasrnenfs coh atred n Amended and Restated Ponrhg and Access Agreement doted Apra 21. 2005. Ned May 5, 2O0S as O ,nunt No 41J440 (Ab9tracr) and /52456(Trran9). AFFECTS SLI&ECT PROPERTY, AS 9/OMN HERELW. o Behq an amendment and restatemanr of Pralnq and Access Easement Agreement dated ,Arne 3 1996, Red .Arne 10, 1996, os Docwnent Na 196370 (Abstract) and 92266 ' S.r err xei (T s) AFFECTS SUB.ECT PROPERTY AS SHOW HEREON Re12O.00 ' 0_55 Z—e 4+��— 16) Tr ea r9r 5i 1 and rs Dootiime t No. TW M Assessment Ad 92173 dated J. .1 1996E Red Jane 5 1996E as UocvmenT IN AMRE, NOT(Abstralt)AP and 921 ]J (Torrent), i1 / /AFFECTS SUB.ECT PROPERTY BLANKET W NATURE NOT GWAPIIICALLY SNOMN. Yam/ 1]) Term_ rnnditii ns and obiigotians sanbhetl h SpeoW Assesmenf Arymnant dried -eu n a Anne J, 1996. Red Jean 51 1996, as Docvmenr Na 19618E (Absbocf) and 192174 (i s), AFFECTS SLIB.ECT PR(POiT; BLAAWET W NATURE NOT LRApNCAILY SNOMN. ns �I'a I8) Tams, cantlltloas and provision oantahed M Site Pan Permit 95-20 Spacfa' Provisions dated Fe Y 26, 1996, Red ,one S 1995. he Oecammf No. 19658 (Abstract) and 921E (T sA AFFECTS SLB CT PROPERTY, BLANKETW NA TIRE. NOT CRAP a SFALIW Solomon Real Estate Group LNIB Wellead Aeeoue Minnefrlte, A1laaesdn. 663g6 omo ® SIOPY YAIOIa£ Lvswu'rs her OO 1[lO1s'VS ea' aE. iFE£ Q 1TIfFIIa,E YAMIIXF NERANa ® IRAfFIL CW ]FIX BOX e Slld%KOJ PoSi B NKM NdE Are-1RATNL/aIIIEN # mKmc uLxr i-.- 9uN-1RKilc/OasFr Pa G2 YKK ® MALL PDX O HITILMT L, NANd:AIY'ED SIKL 8 YARN KlFR G PEFi. RSi o CIAPB Sw bOY e Yrenw ML MQt ® MARN YAWaE © Gs rE>w -Lm� oa9[ Iv [F 1baTT L/IE GeS TIE - MY MM ItlER LMAEAT, .o MOiI' PLY£ -ems FaWR 1l M © LLEL1RlC BC1Y -e.e- SviCEW SIWW © e]celNre Yli[R -se- siwr siJr ® LTvcmlc YwNac -mom mEn vE OWSEAO ® trcc. meER -se- m uauaaAn O SANi.4PY YAMI4E -mr- MMRWMAW ® SCMFN Q£M T -re` fHR IPFC 1/rf' ® H£NK CAIW I AI -�- AL1Z4' CYPHER ® G IO/ BASV —s— CCMI LWT a RMm cNo S hen uaA� ¢111.W9 iRF lK a [u1[RT ytlrrLl L'OFt/Y3 IWF TIE earn M mlrm Surreyors Cawkift Tr Sdrnan Red Estate Crop, Mc., o Mhnesota cerpration, Miclroei R Pdumbo, Trost. of Me Palumbo Rer9cable Oedorotion or Trust Doted Octobr 5. M15 and CTlcago rue tnsuranoe C.P.y. We is to aentify Mat this MW r plot and Me survey on whfM it Is based wee made h accordance with the 2016 Minimum Stsn o Detoa Re,,kemeats ALTA/N.SPs Land Title Srwya ,ohuy esfablfshed and adapted by ALTA and NSYS', rand indnte« /terns 1. 2, J, 4, 6(a), ]( XbXI), a 9, If AND 13 of Totes A Otrsaf. Me 6dderk ors canpietee on August 17, MI& Date of Plat Is- Akp: Au//gust 21, M18 07 !(F� Caq W. Atose Mhnesota Liceam No 230" cmry.mise 1westam¢ts.aam SCANNED Crossroads Plaza 0' 20' 40' 60' Ale 08/25/I8 SEed: I fR I ALTA/NSPS Land Title Survey LMIIIII, YW �1 OwwYs Y,Y� CITY OF CHANHASSEN RECEIVED AUG 19 2019 CHANHASSEN PLANNIM DEPT General Planning Data Rgvlpose 124 bes 53,916 film nvM S,M Y Ltr ca euibie Per[mlTuwnee la.Jn PraaisaMralpIP3M TMal Fstl Va E1 b,ed bSbfl MmmumfYmamESke m SWf Q� NsksseelG SsanC Rnlavra Mav 165 Seals x.omal PakP 133 xm I Parking Analysis PW66luxe web�a-1sNY/suss 0" 5mx/V Iswv vatic-1w1/]aosE am Sm5/9 fFWOWFIsm ) I pmlr Grew nss ge 6aa.a Rlu 3Yb1SA use, 54Y RasWRnm SAW sv 109 nNk I WakJn Cmkt/Ertaaa 336 Y ) sblk I PxbA 9m S 5sWh psbPR 6n W 3 sVlh Tu.i 7,NA W 124 souk EZC E.s, °N4rhm, 6) sbtlt P.b -e .W Geis PaLLt-Wyoff i,a4 Pstis-dEAML 35 sWk is TsE TablEvmlC P+bie 136 sbPs 1 C. ."ft .P ln3lk Val q I E"me'9 IF.Imne hrltirs-Pa,tirsxRareil 11 satls Imperviol3s Surface Analysis Proposed She Plan- With Impervious Surface V riann sdcwriadmeamseel i^e3'silnsle nml ss Ilan Si Tnbl xebecenassaln (im) Si •leesxsadm5rram Ev2rcd PaCOI amlW rvolmwate) eb ss xewsderr UmmAanaemanxn sm iai lW*V xneerwaa napml ss,, d SSE.>Us,.R L3W Y IReala6lnp M 4/deee WWWVa nl TOW4neYedmPls'lueS 916 % TP Ynremlma Ss4 s Asia Si rmebmSwmmrsusc a 73.1% cmnn.os n�.mi Pim ti a,xseeeeooepW emo-mea.wawu Cvpab ns f mq..p p3[aleeea @ „7-,d Deck Detail I wrm 1 I I I I I I I I I I I I Overall Site Plan [Yigg eO 5 yE Lt yy(p€ySy(Ss9p° yyF d CNH NO.: 19 DATE: 08IM19 REVISIONS: W CD T `l W N Q ::- GV = W 4q Sckemaee See Plan r O U CITY SUBMITTAL - NOT FOR CONSTRUCTION N,T,T,T,TITaro r. .r. str .*: sr. P.M. .� L JS �1! �1! �1! !L �i — — ••,••;•i,• Mi,••,••,••,••,••,�riWIN �u - M:nn .l��:r.a ----------- WON• • QI _ L - • .. ® w�ffm / •,• •,• •,• it � � •,• •,• •,• •,• •,• � it II,II„I„II„"IIII,II m� c �r �Ti3 T T _ � r c CNH NO.: 19 DATE: O2VI9 REVISIONS: L m �2 n� C13 � m N 3m F hu FlwrTumkum Plan bmE#e:ior Elevation N 0 U) CITY SUBMITTAL - NOT FOR CONSTRUCTION wMe[new NM IIM re'Y IVN¢[y.1 Gluifl'4 EeJe b �aMa S aM1 Yai RVJ miM AMrw bYopE MNq Mb bGe yai VmN �♦ro malG emiq. JI EiYrtl qb Fgabi Yb rw W�9ENs. Po ¢e +M9^l�/�mecs�4��brw a 3a stl Vl�bg LeLL 4 ve Tatic Overall Landscape Plan CfWAIIISc TJ Jp 9 R Y iESp�p�FD 'a C33�'ab ppOS�� e DATE' OB V19 REVISIONS: M O U7 U CITY SUBMITTAL - NOT FOR CONSTRUCTION G 1 1 1 1 � 1 1 1 1 1 1 } / sm s..e.e... 1 1 ior f 1 1 GRADING LEGEND Emlwc RRoros[D MEG •9523 l 1 1 i ( 1 A 1 1 1 / 1 / 1 1 P EM ME IHDf1CW1WR MRRVN<OMOU0. CURBRHOC R $IDRM SEWER SCOT H£VAl (G- fMWHDI EIOW DWE r-w o za d0w NOT FOR CONSTRUCTION DATE VO W19 REVISIONS. U C2018 Wabean ProfesAwal Servic, Inc. l PAR B 3I l rzm O ro 2s2 Wra Dora =1N " ICzsps uC \ VIMM MAP \ Westwood tile='. .zm. v..r.aa o+.srseseems eNesetwpe�s YelrNYc rEas-out Is, Aa m a,e PARCM 3 pi px Nu IINIo tr pev. xw STIX. (En r5J �� C\ ^ Property Dee cription 6TAlE NpA1Q [4e �L ^ Property desngtim Per OWicago r8e Insurance Canpmy r8e Cwnmitment Number 1> A— and 54n5. 1' hf1,ox. A'o press. toot saw Pwcof I. EWrg 6utdyp A p r ; f."i tat Four (4). Black (Ina (1). Lroesroods Roza Nct AadRion. Carty Loamy, Minnesota _ Abahact and miens Prgperty p' W re Parcel 2:. Access, utlity and padiirg easements contained n Molaratinn of Cross Access, Utiiity Fosrnnt Nn n b Ae'uIs eMi uenl, wro=+m r Nil r®rsz - and IMIk Eos tract) doted I e (T c 21, 1995, I9ed Demnb< 22 1995, w Document IDlse (Fa rN Na 189151 (ADs6'actJ and 90156 (T s). ser n Nor• � Panel J. .1-n- evv.raoe 2�'0 ha A weand nt Ong eosa^ent. cmtaned In Amended and Restated Pwkh9 wW N7Ba49r2 - 1 dated Apr9 21. 20u5, Ned May S "a as Doaement Na 41s140 (Abstract) and 152456 _ (I—.) ~I A -7 A IL-/--IL_/--I oat LOT n PARG& t `• ca:.q. ura .1, E-1 pre sweet ' CWSSRMps a", ,➢ep ApyryY( (Ea 9) cenneM der ♦ dtl ♦ ♦ ♦ peFde� y 1wft }5}IVI 0 1 ma NRGNIAIR 5 ]NWdS rAYKY LP \ e 1 \ ea3 BLOCK 1 Jq d„ LOT ser, �9ap 11 y O 1 edanuooe .,.roe. ' � se ! q Enoig d,i6q Ad - SW NM Sfmt e-t o a�, Yinext4 .53512 &rlNrp laswml aw - SIA R a La�ene N� 1rsey ens prepared using Chicago Title Insurance company rile Commitment Number SI775 having an eHectim date of Any 11. MI8 at 07. 00 AM. 2) SWpct pruaerly epsea.s to be doesifieci as Zane C ehen scaled hen Road Mvrmce Rate MW Camnuntty - Peel Number 270 100D58 dated J(y 2, 79M. J) Subject property cantons SJ,996 sq. N. a 1.240 ocres 4) No zmng nlemotian padded by orient at tine of wrley. 5) Subect p,aady cantons 87 told pming state, Including 4 hmdicapped stale. 6) The underground uN;ties shorn new been located train field wrwy mt anon and existing (Farngs. fie vendor moles no guormtees that Me undargrarnd utilities sheen comprise all wch utilities in the area, either In service on abandoned. Me wrwya hMha does not sanest that the underground utilities shoes ane In the exact location ndnotea aMough he does artily that they are located as accurately as po=&e hwn btamotim awzoble. The wrwya has not physiraly located Me uhavr a nii uhritiea (rupher Slate pie Cdl Ticket No It 22 749). Z) Adpiing amere sham per Cover County peeef mbsite 6) westsood Prafesfond Services, Inc. —not prodded odpnar deeds 9) fie bearings shown an this survey ere based an the Carver County Coordinate 5ysten. Schedule 11, Section H Erceptions eyele 1 0 I - sYl^,e 1� •� As tdiorn9 notes con n the numbering astern of SMadule B, section ll Exceptionme,ts or the above menlene( title canmitment. 9) Eamnmt Rv utilities and d-ona9e as dram an Me recorded plot of Gossoads Plana F n Addition. AFFECTS SVSECT PROPERTY, AS SNoxN HEREON. 1 i a •s 10) Restrictions set forth n ebranty Deed dated Smtsn, s 4, 19M, Ned SiPtsmber if. _ w • Cl 1970. as D hheht No 09911 (Ab.t t). AFFECTS SLerECT PROPERI/; BIANKEr N • 1 NA MRE NOT (AAPN Y S W. tkrb 9-� i 4 ebdoe,e A NOTE Above we.anty Deed not menodahaed onto 6 ificots of Title. g w` gRII 11) Isms and conditions of and easanmte for access utiity and paring purposes „aS s3 ecntancd n Deaavtio n of Cross Access, Utility and Paring Easements dated pxernber n'a,3 a 21, 1995, Ned Decvnber 22, 199A as Doament No 189152 (Abstract) and 901M 1 (T .). AFFECTS SUBJECT PROPERTY, AS SHOW HEREM. 1 12) Tee; ceeditians and nestrictioes contained n Declaration of Restrictions acted 2CM19 Nas &eeehant 891W and 190 1LtAl i \ 1 Do sin N1o. 5y (Tmeis CT PRCPERTY, TT N NA RA[ NOT y4e LRAPFMCALLY SNOMN. Lsie"°pe 1 1 1 w As aNected 6y Consent to Use doted Deceribr 9, 2002, Ned Jeh eq, A 200A as 1 - 1 Docufent No. "M2 (Abstract) and 1J2682 (Terms). AFFECTS SUB.ECT PRCPERN,, 1 20 la r BLANKET N NAIURE NOT QtA CAILY SHOWN. A rl /-1 TI /l A ) 1 i 1 13) Terms, cpndrtwo mvenmta, restrictions and prodpms set north be warranty Deed �I L-1 L l ( ( (U ! V 1 - I dated .Nae d 1996. Ned June $ 1996, as Document Na 196184 (Abstract) ond 92121 4• •'p�rrytr` EOM � w\ pmaefe SMe•wy \ orb \ env O Denotes set , onbe bon Pps milked MM Pasts: the wise8ed siM l!< Na 2J02/, \ odes otherwise noted \ a Denotes hen Monument Found as noted \ _ Qa Denotes Cast ben Mmanant — 1 (i s) AFFECTS SUB.ECT PRCPERTY, BLANKET N NA RAE NOl IiUPIWCAtLY SHOWN. 1 seer 1 - 14) Terms conditions and at obligations . as Ito n Contract for (Al5 Radewlopm21 8 1 0 (Iona .Noe J CTS Ned Joe 5 N. as Document No 196185 (Abstract) one 921T2 (re) AFFECTS sA.Ecr PRp=ERTr, iAAFAffIW NATIAgE Nor aeARACAur sroxrE ----_- " 1 15) T.s and condtione of me easements acntaned In Amended and Restated Parking 1 d Access Ag eheht doted Apg 21. 2005, Nee May 5 20= as Document Na. 41N L (Abstract) and 152456(T..). AFFECTS SUB.ECT PROPERTY, AS 9i0RN FIER M a Being an amendment and restatement of Peking and Access Eosenmt Agreernmt dotes \ Aline d 1996, Ned Jlne 10. 1996, as Document No. 196JM (M,t t) and =66 r -ser w NaF (Torres) AFFECTS SUB,ECr PRCPERT). AS SHORN HE M. R-220.00 / d=55 2- 24'25 16) Tees, mndtians and obligations cants ned n Assamreat Agreeenent datea Jme J. r.5 1996, Ned .Nne 5, 1996, as Document No. WIM (Abstract) and 92123 (T..), AFFECTS SU&ECT PRt FX. BLANKET N NATURE NOT CRARfICALLY SHpM1/. ie.ms conditions and obligations cmtaned n Special Assesenent Agreement dated �b a �A 1996, FiIM Abne 5. 199 ,, as Doc mmt No 196187 (,Abstract) and 192174 (T s). AFFECTS S CT PROPERTY, LYAMO=T W NA )UVE NOT 4RAPNCNLY SHOW. i8) Tema conditions and p vvaomn cantaned n Site Pan Permit 95-20 Specie Praddals (ate( Febrvey 1 , 1996, Ned Jrne 5. 199 .. as Doaenont No. 196188 (Abshxt) and ® 92125 (Tarehs) AFFECTS SU&EC PRMERTY, BUNIYET W N nW. NOT O9APFtlCALY � SF/ORN. - _ — _ — ft pma im e..l. Ise We �k Yx VeW Solomon Real Estate Group I508 Welland Avenue 1f-aeboni Minnee.te. jgjll5 O azsN/9ARLw ® srtwu uANpruE • cvsFnars TNr E 1IICAILNE ear � xmLnus 12E O' rvmnac uANNaE v eenwxp ® TNAri1C ccWZRtt apx • even/sera Pvsr B xun Nn[ v $(i/-IRAfFM/OIIER � IRNFK LIWz ml-eiARtc/m1ER oil GAT VNw m yµ Spy NIAPANT NAIpGVYID SD Q WATER W Eq c rtAc 2sr OO wRe sfa` ear e meo,w A- pL a IF ma YANNa£ ® r•ar rvear Qe ru 19 eiLs zerEe -erv- cAIAE ry # s Uw s user -- wr Ile£ Port aIfRMCAO AY RJllf)f PDX PpefR LWOERLA © BEcrNc enr -w,- sA .Y scan p BECMc tEIER —+� STCe11 SEl1EK ® imc1Nc e.Wq£ —,ate 1i3EAAYE o.M) ® EIECTR hms —nA� RIfAAYE VCCAtFYy,O sAmamy ® s o lien aPae IAA- ® aDlvr urOr eAvz —f— ACCOS Col. ® u1w eAv: 4 ftAtRn EM 4L00W v-tv aEGYN1al5 ahT LWE a q(1(FT 1MMMN CdeERWS rM£LME Y YY Y � tr aLTrm Surveyoz-s Gvt f ante To: Sakenon Red Estate Crary, Inc., a Mnnesoto corpaatim. Michael R. Paumbo, Trustee of the Palumbo Rewasble Declaration of inlet Doted Octa6 A M15 and Chicago Title Inwranm Ca X This is to certify Mat this mop or Plot and Me .1 an ehnA it is bored eefe made n mmrdance rith the 2016 Mnknuln Stana sf Oeta Requnernents for AL TA/1V5PS Land rile sKp ,bony established and S lIt ed bAAC) 13 of Tale A Muaeof me lrrtdt ai � ten4.anted ymo•YbX1f• August I2, 2018. Date of Rat or Mop: August 21, M18 Cio1g w. Ness Minnesota License Na 2J021 cre,na 0eestwoaapscain Crossroads Plaza 01 20' Mr 60' Dew e8/2L IS gene 1 ere 1 ALTA/NSPS Lend Title Survey c2018 Westwood Professional Services, Inc. L.V r I 1 / 1 �1 1 c� 1 rJ Set scribed "X"-� - in concrete ` 7 � L_V l I � m m I o z m o 3. 1 � o 0 G A PID 252520010 Owner CHANHASSEN LETSOS LLC SqN PID 252490010 Owner TOM -DON REAL ESTATE HOLDINGS INC Existing Building - Bituminous surface PARCEL 3 --Easement for Access purposes / per Doc. No. 413440 i & Doc. No. 152456, (Ex. 15) - r Property Description All � � / n T -i L VI L T�\\ 1 \ Property description per Chicago Title Insurance Company Title Commitment Number 1 = 54775. I __-=�-Eosement No. 1 for Access and WET ----�I % Utility purposes per Doc. No. 189152 Parcel 1: &Doc. No. 90156, (Ex. 11) lot Four (4), Block One (1), Crossroads Plaza 3rd Addition. i 9' o r - Carver County, Minnesota rAbstract and Torrens Property 01--� 20.00 III i Parcel 2: 20.0 ' Access, utility and parking easements contained in Declaration of Cross Access, Utility Easement No. 1 for Access and-�_' Utility purposes per Doc. and Parking Easements dated December 21, 1995, filed December 22, 1995, as Document & Doc. No. .90156,6, s, (Ex.Ex. 1111)) - f �No. 189152 (Abstract) and 90156 (Torrens). Set PK Nail' 1 Parcel J.- Ingress, egress and parking easements contained in Amended and Restated Parking and r 2317.0� _ _ - Access Agreement 78049 23NE dated April 21, 2005, filed May 5, 2005, as Document No. 413440 (Abstract) and 152456 (Torrens). t 1 / o / � r, r /i _ 7 A 0 �-Drainage and Utility Easement per the plot of CROSSROADS PLAZA 3RD ADDITION, (Ex. 9) Bituminous surface 5.00 LOT 4 PARCEL 1 Drainage and Utility Easement per the plat of CROSSROADS PLAZA 3RD ADDITON, (Ex. 9) I I 1 1 1 _ r-- I / Concrete surface BLOCK Bituminous surface surface // � Concrete '� Existing Building Address- 590 79th Street West \ a e area Chanhassen, Minnesota, 55317 \ Londsc P y. Building footprint area = 5,470 sq. it. \ '9T \ 0 ' \ \ �q�0�pS1 qN / Not to Sale U Westwood Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN SSM3 Toll Free (888)937-5150 westwoodps.com Westwood Professional Services, Inc \ --Capped Iron Pipe\ MCP inscribed License No fe cap unreadable \ a \ 2000. PID 252490020 Notes Owner ORGINIA S THOMAS FAMILY LP 1) This survey was prepared using Chicago Title Insurance Company Title Commitment 1 Number 54775 having an effective date of July 11, 2018 at 07:00 AM. 1 2) Subject property appears to be classified as Zone C when scaled from Flood Insurance Rate Map Community - Panel Number 2700510005B dated July 2, 1979. 3) Subject property contains 53,996 sq. ft. or 1.240 acres. 1 4) No zoning information provided by client at time of survey. 5) Subject property contains 87 total parking stalls, including 4 handicapped stalls. 1 6) The underground utilities shown have been located from field survey information and existing drawings. The surveyor makes no guarantees that the underground utilities shown 1 comprise all such utilities in the area, either in service or abandoned. The surveyor further does not warrant that the underground utilities shown are in the exact location indicated 1 although he does certify that they ore located as accurately as possible from information available. The surveyor has not physically located the underground utilities. (Gopher State z 1 One Call Ticket No. 182222749). WD 1 nT 7) Adjoining owners shown per Carver County parcel website. V 77 W1 8) Westwood Professional Services, Inc. was not provided adjoiner deeds. a N 1 9) The bearings shown on this survey are based on the Carver County Coordinate System. % Schedule B, Section U Exceptions ,g w Concrete surface ` � / 1I The following notes correspond to the numbering system of Schedule B, Section Exceptions of the above mentioned title commitment. � I 42 a 9) Easement for utilities and drainage as shown on the recorded plat of Crossroads Plaza _ 1 µ�I 3rd Addition. AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. 1 D3� ° ^ 1 10) Restrictions set forth in Warranty Deed dated September 4, 1970, filed September 11, 11 0 o a N 1970, as Document No. 09917 (Abstract). AFFECTS SUBJECT PROPERTY, BLANKET IN 0 o N 1 NATURE, NOT GRAPHICALLY SHOWN. Trash 1 0 s a o NOTE: Above Warranty Deed not memorialized onto Certificate of Title. Enclosure �_, o o�` o -1 ? V)a o 0 11) Terms and conditions of and easements for access, utility and parking purposes x o3 zD 1 contained in Declaration of Cross Access, Utility and Parking Easements dated December a`° P, 0 21, 1995, filed December 22, 1995, as Document No. 189152 (Abstract) and 90156 1 (Torrens). AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. x 'a N� 1 12) Terms, conditions and restrictions contained in Declaration of Restrictions dated December 21, 1995, filed December 22, 1995, as Document No. 189153 (Abstract) and 1 i 1 Document No. 90157 (Torrens). AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT / area i GRAPHICALLY SHOWN. LandsaaPe 1 i p0 As affected by Consent to Use dated December 9, 2002, filed January 3, 2003, as / \ - 20. 1 Document No. 336332 (Abstract) and 132687 (Torrens). AFFECTS SUBJECT PROPERTY, 1 0.00 BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. f m 1A _T_/ /1 A 13) Terms, conditions, covenants, restrictions and provisions set forth in Warranty Deed 1 3 area / �/ , 0 1 dated June 3, 1996, filed June 5, 1996, as Document No. 196184 (Abstract) and 92171 Lon dscape , (Torrens). AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. 1 1 ,-Sign , �, 0 14) Terms, conditions and obligations contained in Contract for Private Redevelopment dated June 3, 1996, filed June 5, 1996, as Document No. 196185 (Abstract) and 92172 1 (Torrens), AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. SSRQODU AZA Per -- N ---_ m _ f 1 s ease Trent - 15) Terms and conditions of and easements contained in Amended and Restated Parking 3R0'4aD/TjONe �Otot„�t .and Access Agreement dated April 21, 2005, filed May 5, 2005, as Document No. 413440 sdo4ofS lEx yJ 1/ (Abstract) and 152456(Torrens). AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. of pr feet A/, w o/k, _ Being an amendment and restatement of Parking and Access Easement Agreement dated ` I o ' \ June 3, 1996, fled June 10, 1996, as Document No. 196370 (Abstract) and 92266 concrete sidewalk Set PK Nail (Torrens). AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. 90' 16) Terms, conditions and obligations contained in Assessment Agreement doted June 3, P< 1996, filed June 5, 1996, as Document No. 196186 (Abstract) and 92173 (Torrens), /AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. I So 17) Terms, conditions and obligations contained in Special Assessment Agreement dated WP1 June 3, 1996, filed June 5, 1996, as Document No. 196187 (Abstract) and 192174 �Wqr_�/ (Torrens), AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. � O SPN 18) Terms, conditions and provision contained in Site Plan Permit 95-20 Special Provisions TSgN_ / dated February 25, 1996, filed June 5, 1996, as Document No. 196188 (Abstract) and �l 92175 (Torrens), AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY i SHOWN. i n \ aeo5cot sqN-�I wqT \ e rT9ht °f sqN o 3 wqr� \ µay O Sq/y � �O sAN------ Denotes set %2'x14" Iron Pipe marked with I Plastic Cap inscribed with Lic. No. 23021, unless otherwise noted. \ \ I I Denotes Iron Monument Found as noted. Denotes Cast Iron Monument - - - - Q,. JAG t DMW= BYW Yeamd Dmdng b►/date Legend 0 BUSH/SHRUB CONIFEROUS 7REE t` DECIDUOUS TREE - WETLAND ® STEEL/WOOD POST a SIGN-TRAFFIC/OTHER SIGN-TRAFFIC/OTHER F-_-11 MAIL BOX CLI HANDICAPPED STALL C PERC TEST Mw MONITORING WELL © CABLE TV BOX GAS METER E STREET LI7E ,-. GUY WIRE 10, POWER POLE 0 ELECTRIC BOX ELECTRIC METER Q ELEC7RIC MANHOLE ® ELECTRIC TOWER SANITARY MANHOLE co SEWER CLEANOUT ® BEEHIVE CATCH BASIN 91 CATCH BASIN ® FLARED END SEC77ON ® CULVERT Surveyor's Certificate sT STORM MANHOLE T❑ TELEPHONE BOX QT TELEPHONE MANHOLE ® TRAFFIC CONTROL BOX ee HAND HOLE - TRAFFIC LIGHT D4 GATE VALVE HIDRANT WATER METER �s CURB STOP BOX Q WATER MANHOLE Ow WELL -cnr- CABLE TV -GAS- GAS LINE -PON- POWER OVERHEAD -PUG- POWER UNDERGROUND -SAN- SANITARY SEWER -STO- STORM SEWER -TOH- TELEPHONE OVERHEAD - ruc- TELEPHONE UNDERGROUND -wAT- WA7ERMAIN -FOP- FIBER OP77C LINE - - ACCESS CONTROL x FENCE LINE -U✓��.r DECIDUOUS TREE LINE CONIFEROUS TREE LINE CURB & GUTTER To: Solomon Real Estate Group, Inc., a Minnesota corporation, Michael R. Palumbo, Trustee of the Palumbo Revocable Declaration of Trust Dated October 5, 2015 and Chicago Title Insurance Company. This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 7(o)(b)(1), 8, 9, 11 AND 13 of Table A thereof. The fieldwork was completed on August 17, 2018. Date of Plat or Map: August 21, 2018 Craig W. Morse Minnesota License No. 23021 crc7ig.morse@westwoodps.com Crossroads Prepared for. Solomon Restate Group Plaza Reg E 1508 Welland Avenue Minnetonka, Minnesota, 55M Chanhassen, Minnesota 0' 20' 40, 60 Date: 08/21/18 Sheet: 1 OF 1 0020082ATF01.d ALTA/NSPS Land Title Survey 4a WF-'a M K J H G F E 0 c be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 General Planning Data Property Size 1.24 Acres 53,996 SF Gross Floor Area 5,792 SF Site Coverage Building Percent Coverage 10.7% Projected Employees Total Estimated Employed 80 Staff Maximum Estimated Shift 20 Staff Projected Guest Seating Restaurant Interior 165 Seats Seasonal Patio 132 Seats Parking Analysis Parking Ratio Building - 1 stall / 50 SF 0.020 Stall J SF Patio - 1 stall / 200 SF 0.005 Stall / SF (Per City Planner) Gross Floor Required Area Area (GSF) Stalls Restaurant 5,456 SF 109 stalls Walk-in Cooler / Freezer 336 SF 7 stalls Patio A 900 SF 5 stalls Patio B 677 SF 3 stalls Total 7,369 SF 124 stalls Currently Provided Parking Existing On -Site Parking 87 stalls Cross Parking - Walgreens 24 stalls Proposed Parking - Off 79th St 25 stalls Total Existing Parking 136 stalls Current Parking Overage (With Variance) (Existing Parking - Parking Required) 12 stalls Impervious Surface Analysis Proposed Site Plan - With Impervious Surface Variance Impervious Reduced Impervious Surface Area Change Sidewalk and stairs to street (109) SF Entry sidewalk (109) SF Total Reduced Impervious (218) SF Added impervious Surface Covered Patio A (partial roof coverage) 630 SF New sidewalk (patio A and B to street) 534 Total Added Impervious 1,164 SF Proposed Impervious Surface Change (Reduced Impervious + Added impervious) Total Increased Impervious Surface 946 SF Total Impervious Surface 39,469 SF Impervious Surface Percent Coverage 73.1% Commercial prefnished metal picket rail Composite wood decking 2x10 treated wood joist 6x6 treated wood post Concrete pier 4' landscape rock at edges Deck Detail 1 1/2" = V-0" Existing sign I � \ ---__-__ Property Line Potential rain \� Existing sidewalk garden, see _ -- Civil drawings I I I I I Existing landscaph Walk-ins I I I 1116" = V-0" 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 CITY SUBMITTAL - NOT FOR CONSTRUCTION M L K w J J w J IL IL 0 w F- D rn F- w w CE U) x ¢ r` J mo O O LU X<X rN a z w = N w w o z N K y ] a �tt U.06 Z O aww �3�tiz C sz n r raWaw j a=TWww �xow/1 u 0�z 0) aow�w uI N UFO F K p0 H M DOO a N � WWOHx 1wi w a m o G CNH NO.: 19064 F DATE: 08/22/19 REVISIONS: E 0 c L U +� C0 �LO m C�Z fR L •� O) C B (b co a) \� Q% L — I o its L u�i U Schematic Site Plan A O U) U U z vi U w U a Z U 00 m F S 0 0 U M L K J H G F E D c Z m Q C w a � B c mm U v- 0 'm< o c� 6 M A O O >> 6w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 EB Floor/Furniture Plan -- - CSO2 1/8" = V-0" South Elevation - Colored 1/4" = V-0" 1 p 3 4 5 6 7 8 9 10 11 12 13 CITY SUBMITTAL - 14 15 NOT FOR CONSTRUCTION M L K r � v m�W C wOX W v C¢¢ a+ N_ LU w O i = m,F N 2i aC a3jyW z o o z C ti J W F 0 C ¢W W¢O //:y3 IC�WWv LoCjzF 0 LL F w w 0 X7w u N _O w U 00 >U��LL m-Do0 FF H rj ¢ O wU0¢m Z aw3 z m o m m _,m G CNH NO.: 19064 F DATE: 08/22/19 REVISIONS: E D c L IZ- U ti Q) In Z `u 0 B (n (A a) m M @ LoU Floor/Fumiture Plan and Exterior Elevation A N O U) U 1 2 3 i5 o , 8 9 10 11 12 13 14 15 M L K J H c F E D C 0 Um imbol 4ty Common Nana Scientific Name S.7e Cant Comments Mature Size xc DECIDIOUS TREES CP 2 1 PRAIRIE FIRE CRAB Malus "Prairie Fire" 1.5" CAL B&B Single Stem 20'/20' HE 5 HACKBERRY Celtis Occidentalis 2.5" CAL B&B Single Stem 50'-75'/50' " DECIDiOUS SHRULtS , FIREt � Ir; A Spirea x "Fire Light, 1#2 ICONT 13 FT OC 2--3'/2'-3' DP 32 PARDON ME DAYLILY Hemerocallis "Pardon Me" N1 CONT 24 IN OC 2'/2' DS 40 STELLA DE ORO DAYLILY Hemerocallis "Stella de Oro" 01 CONT 124 IN OC 2'/2' HH 8 HALCYON HOSTA Hosta "Halcyon" k1 CONT 30IN OC 2'/2'-3' KF 10 KARL FOERSTER GRASS Calamaerostls x acutiflora "Karl Foerstei N7 CONT 361N OC 3'/1.5' Landscape Notes 1) All new landscaped planting beds to receive 6" shredded wood mulch. 2) All new landscaped planting beds to be edged with plastic edging and match existing. 3) Extend drip irrigation into new planting beds. Revise existing irrigation zones as required for new decks and planting beds. Landsca a bouIlders�—I( (4) HH (5) DS Existing landscaping I I `\ (5t KF (14) DP k + r a (4) SF \ - (1)CP �(12) DS Landscape boulders (relocated) and new as required (5) SF \ (4) HH \\ \ (23) DS \' \ (4) relocated Hostas Existing landscaping (2) HB y I\ I II Existing trees I I I' I I I � I i i Existing trees Schematic Overall 1/16" =1'-O" P \(relocated) - (1) CID (3) SF (18) DIP - - (5) KF Existing landscaping " o " Plan Existing Restaurant Building Existing landscaping 1 2 3 4 5 5 7 8 0 10 11 12 13 14 15 CITY SUBMITTAL - NOT FOR CONSTRUCTION M L K Q~S O rca¢ ry N wOp Won<= 04 a- r I V0 gaNKwwN V% d z i a3a z 0 tam U? C 7 Ma .0 ww0 10) wp�ow wo_a�w ti W Wp N R mLL0O ? W 10 Z Q�Q Fj wwwM3 u 2 7 a xy�ag m o c CNH NO.: 19064 F DATE: 08/22/19 REVISIONS: E D CIZ- ^L W 40 to � M�� I o to �Z B to U) fA Cr W O L � — U Landscape Plan A O U U Z_ C6 i- U w U K Q S Z U } Co r 0 a O U X p 3 4 5 6 7 6 9 10 11 12 13 14 15 M L K J H G F E 7 c B a 3 u7 N 00 A V 0) N 00 O N N O N i Y 3 4 5 6 7 8 9 10 11 12 13 14 15 M z z v r c (> F L x L) N m x x G N N U W Z < m z r «� C } EL O 0 W 0 K CL a m o m Q inmm o se tL U) G W 0x uj It F x r 3 � 5 r a m m�� Ln W oar 3 � �mz M aow v z w O aaz z 3 z V W g O W z W 1 5 YwaQH r w z �Go H K�'o c o N r N uo za G i m o wz�"' E000 o 0 G CNH NO.: 19064 F DATE: 08/20/19 REVISIONS: E 91 c L ^ W -0 }/ T A/\ W Qi Lo Z co L ('3) C h N B LEA 1Np > L ^1 > C V! CDr °i Q Drainage and Grading Plan M L K J H c E E 0 C U W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 General Planning Data Property Size 1.24 Acres 53,996 SF Gross Floor Area 5,792 SF Site Coverage Building Percent Coverage 10.7% Projected Employees Total Estimated Employed 80 Staff Maximum Estimated Shift 20 Staff Projected Guest Seating Restaurant Interior 165 Seats Seasonal Patio 132 Seats Parking Analysis Parking a Ratio Building - 1 stall / 50 SF 0.020 Stall / SF Patio - 1 stall / 200 SF U.005 Stall f SF (Per City Planner) Gross Floor Required Area Area (GSF) Stalls Restaurant 5 456 SF 109 stalls Walk-in Cooler / Freezer 336 SF 7 stalls Patio A 900 SF 5 stalls Patio B 677 SF 3 stalls Total 7,369 SF 124 stalls Currently Provided Parking Existing On -Site Parking 87 stalls Cross Parking - Walgreens 24 stalls Proposed Parking - Off 79th St 25 stalls Total Existing Parking 136 stalls Current Parking overage (With Variance) (Existing Parking - Parking Required) 12 stalls Impervious Surface Analysis Proposed Site Plan - With Impervious Surface Variance Impervious Reduced Impervious Surface Area Change Sidewalk and stairs to street (109) SF Entry sidewalk (109) SF Total Reduced Impervious (218) SF Added Impervious Surface Covered Patio A (partial roof coverage) 630 SF New sidewalk (patio B to sidewalk) 331 New sidewalk (patio A to street) 133 SF Total Added Impervious 1,094 SF Proposed Impervious Surface Change (Reduced Impervious +Added Impervious) Total increased Impervious Surface 876 SF Total Impervious Surface 39,266 SF Impervious Surface Percent Coverage 72.7% 4Deck Detail CS01 1 1/2" = V-0" Commercial prefix shed metal picket rail Composite wood decking 2x10 treated wood joist 6x6 treated wood post Concrete pier 4' landscape rock at edges Existing sign I \ \ - — --- - \ Property Line Potential rain �� Existing sidewalk garden, see Proposed Covered � Drainage and Utility drawings Patio with Roof \ Easement per the plat Civil 630 SF \ of Crossroads Plaza 3rd Addition Proposed Uncovered Patio _ Proposed CS02 270 SF Sidewalk 331 SF Roof above I Al f: Existing\ Proposed new ar 1t ,>,, -trr sidewalk ' landscaping 133SF C 'it ) \ �'If7�1t)r�..F \ Patio'A' Existing \ landscaping \ � Walk-ins Existing Proposed Restaurant \ Fenced \ a I � Building s ti .. y 'Patio 'B' _ Proposed \ -'- - - - - Uncovered - - Patio Remove 109 SF ! 677 SF I impervious surface and add pervious surface I Existing landscaping Existing landscaping i \ I Existing landscaping v I I \ Remove 109 SF impervious surface and add pervious surface v - Existing parking lot, no change i r Schematic Overall Site Plan 1/16" = T-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CITY SUBMITTAL — NOT FOR CONSTRUCTION M M U It Uri M � U W ~ L rn U o ucOi N Z U } Z m Z� 0 UJ a Q O � U � O K d 0 Lu D rn t- W W 1n ka J mrw C O oc� OW .�. N ai WOZ twn< V ( as Www rn o z xcNU- C F UF��•� aWwao x Hao a LL 0 � W a U�Q F 0 H wLLwoo 2 a O ww wwoah a m F o x uaiEg G CNH NO.: 19064 F DATE: 08/16/19 REVISIONS: E W o QC" 2LU N Z > w Q� U W ~ CC yO F� C.J U G _0 +_0 m ` Lr' C�z rR V .0 "� () C r 4) e p Cr > W — I C O M L L°)n U A Schematic Site Plan M K J H G F E 0 c i mK o c> 01 �N U ao 1 2 3 A 5 6 7 Al South Elevation - Colored CS02 1/4' = T-0" — -- - - E8 Floor/Furniture Plan CS02 1/8" = T-0" ---- M i U gmg z Y H v U Lm H L 2 o umi N Z U } GO Z J a � U J K D U) F- w w F- U) mm Cox c w=� y F- W < m r+ a 7 N N � W 2 0 a fl�t��1mm Z m QW0N U) a3 a �z J HprKE. F-GpQLL 7 W�pO/Y \!! ❑W _pi WQ f Z�pN - " W W fG w ) U Z 7 w . F O LL m_npp. Qw inw $d3 a o _WM_g. .m . G CNH NO.: 19064 F DATE: 08/16/19 REVISIONS:. " E c ^L W IZ— }� cM M� W N to Z fR \�J L_ •� c U B (n N L W O (0 L u°)i U Floor/Fumiture Plan and Exterior Elevation A �� V J U CITY SUBMITTAL — NOT FOR CONSTRUCTION 1 2 3 4 6 6 7 6 9 10 11 12 13 14 15 M L K i H G F E D c Symbol Oty Common Name Scientific Name Size Cont Comments Mature Size (H/W) zl.y:a •a DECIDIOUS TREES °:; � • ' CP 2 PRAIRIl:.FIRECRAB Malus"PrairieFire" 1.5"CAL I B&B I Single Stem 12l HB ; HACKRE RRY Celtis Occidentalis 2.5" CAL B&B I Single Stem 50'-75'/50' ' DECt�iJG�. �HFUf.=S SF 2U PiRa �,y t ShIRE:+ Splrea x "Fire t.lght" #2 ICONT 13 FT OC 2•-372'-3' J. PERENNIALS 18 PARDON ME DAYLILY Hemerocallis "Pardon Me" #1 CONT 241N OC 2'/2' PCIS 44 STELLADEORODAYLILY Hemerocallis "Stella de Oro" 11-losta #1 CONT 24 IN OC 2'/2' 8 HALCYON HOSTA "Halcyon" #1 CONT 30 IN OC 2'/2'-3' 10 1 KARL FOERSTER GRASS Calarragrostis x acutiflora "Karl Foerstei Ill ICONT 136 IN OC ITA 5' Landscape Notes 1) All new landscaped planting beds to receive 6" shredded wood mulch. 2) All new landscaped planting beds to be edged with plastic edging and match existing. 3) Extend drip irrigation into new planting beds. Revise existing irrigation zones as required for new decks and planting beds. (3) HB Potential rain garden — (4) HH (9) DS (4) SF Existing landscaping �I 1 it i Schematic Overall Landscape Plan 1r16" = 1'-0" Landscape boulders (relocated) �- r (3) SF (18) DIP -! \ (5) KF Existing landscaping (4) SF (1) cP ti^ \(12) DS 8 \ (4) SF Landscape boulders (relocated) /�, and new as required (5) SF Existing Restaurant Building Existing landscaping r (4) HH Existing trees (23) DS_ -� (4) relocated Hostas Existing landscaping (2) HB 1 2 3 4 5 6 7 8 9 10 11 12 3 14 15 CITY SUBMITTAL — NOT FOR CONSTRUCTION M L K a WZ� MI �¢K +.+ = N w00 wm,<— N �d>F00 as www (n' Z y3ntz C L) F� o C c Qww¢p 7 �Hooaow =D�w¢ F Z2UN C C, W W rp WM a 11 Op > U D M LL Z FI 00 r ¢ O - WW Wo< n 2 w� a 220 F p -,M-n y G CNH NO.: 19064 F DATE: 08/16/19 REVISIONS: E D C L W U � =3 0Lo m ` L' C�z At L_ N B =3 In to (1) L /t� W C O (0 (3) L (3)Lo U Landscape Plan A M lC) �/ U 'I M L K 3 H G F E D c 01 B g o a 0 3 v M CO A N N on 00 onO O O N CV m O �A 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 953 } t i 9S01 AO 949 — 0 1 Ilk 9y �! Existing _ q landscaping ✓f! 51.3, Existing Restaurant Building 950.91 t t 1 SF 50.6 950.7 J ta11d`+�� Roof above " Q3CtSF II —*—Yropclsetl UYPFavered Path k 1 331 SF Sidewalk Proposed To STD \ \ `-- -� Drainage \inage and Utility / "`^-- -_ \-- Existing Easementperthaplat Plaza ` Crossroads Plaza 3r% 3rd Addtion �\ L Existing sidewalk Property Line D + / \ MH E � \moo, 949. 1t fl `1 { i .kng 1 iscaping 948.7 G � ,- 133 SF Proposatlylew , ! sidewalk � t GRADING LEGEND EXISTING PROPOSED — — PROPERTY LINE � —980. ► INDEX CONTOUR �-982 INTERVAL CONTOUR CURB AND GUTTER STORM SEWER 950.6 G x 952.3 SPOT ELEVATION (G =GROUND) 0.00% FLOW DIRECTION 1"=20' 0' 20' 40' 60' NOT FOR CONSTRUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 M L v Z 4 U F a � « rn S m � 4 � Z h N 3 3 3 fag F- m�� 3oaW �o � m ao� aaz z 3zG W g51 Qw z W �wzo x a o � ,,, Z M � O 0 O Q � u s w F f m m Z � W J W_ Z F =o'oo 0 0 G CNH NO.: 19064 F DATE: 08/16/19 REVISIONS: E Dcu c L U � +r �z N C W 0 L tn U Drainage and Grading Plan A U 02018 Westwood Professional Services, Inc. 1 I /l T -I L-V I I 1 C / 1 I rJ Set scribed "X"-N _ \ in concrete 7 ` / 1 i I n-r 9 / L.v1 1 1 � � m c a x �y� G I �I 24. O PARCEL 3 12 0p I I N A 0 0 T Property Description PID 252490010 �� \ Owner TOM -DON REAL ESTATE HOLDINGS INC I Property description per Chicago Title Insurance Company Title Commitment Number 154775. ' __ -=_�-Easement No. 1 for Access and WbT _ -� ri Utility purposes per Doc. No. 189152 Parcel 1: Existing Building ; o 'o i & Doc. No. 90156, (Ex. 71) lot Four (4), Block One (1), Crossroads Plaza 3rd Addition. 9' o Carver County, Minnesota Abstract and Torrens Property 0.00 2 � � � Parcel 2: 20.00'1 , Access, utility and parking easements contained in Declaration of Cross Access, Utility Easement No. 1 for Access and-�_; and Parking Easements dated December 21, 1995, filed December 22, 1995, as Document Utility purposes per Doc. No. 189152 & Doc. No. 90156, (Ex. 11) No. 189152 (Abstract) and 90156 (Torrens). Set PK Nai/' Parcel 3: - Bituminous surface 49 O 0230E 23U.uu N PARCEL 3 78 ;--Easement for Access purposes �per Doc. No. 413440 IIngress, egress and parking easements contained in Amended and Restated Parking and I Access Agreement dated April 21, 2005, filed May 5, 2005, as Document No. 413440 (Abstract) and 152456 I (Torrens). I I I I & Doc. No. 152456, (Ex. 15) _ _ - j NOteS P10 r 2490020 VIRGINIA I 1 Owner VIRGINlA S THOMAS FAMILY LP C( I _t I � p / , IT /j I/ I/ i s �-Drainage and Utility of CROSSROADS PL Z Bituminous surface 0 W V Ot 1 � O W 5.00 PID _ 252520010 Owner CHANHASSEN LE T2.00 LETSOS LLC T❑ ci� 10 I I I I o / lip / I ,I / I 'yqr\\ sgti \ vIcmgm MAP Not to Scale ' ii / / \ L11 PARCEL 1 Drainage and Utility Easement per the plat of CROSSROADS PLAZA 3RD ADDITION, (Ex. 9) surface ' �i Concrete LondscOPe are-� Co ` ---Capped Iron Pipe\ mac, inscribed License No \ \ cap unreadable 00 surface Concrete 1) This survey was prepared using Chicago Title Insurance Company Title Commitment 1 0 1 Number 54775 having an effective date of July 11, 2018 at 07:00 AM. 1 � 3 1 I 2) Subject property appears to be classified as Zone C when scaled from Flood Insurance Rote Map Community - Panel Number 2700510005E dated July 2, 1979. 3L OCK 111 0 0 z� 1 -' 3) Subject property contains 53,996 sq. ft. or 1.240 acres. 1 0�0 cn zD 4) No zoning information provided by client at time of survey. x m� 5) Subject property contains 87 total parking stalls, including 4 handicapped stalls. a o 11 3 v V� I 6) The underground utilities shown hove been located from field survey information and existing drawings. The surveyor makes no guarantees that the underground utilities shown i 1 comprise all such utilities in the area, either in service or abandoned. The surveyor further does not warrant that the underground utilities shown are in the exact location indicated ' 1 although he does certify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities. (Gopher State 2000. Z I One Call Ticket No. 182222749). 7) Adjoining owners shown per Carver County parcel website. 1 v M \Ill/ L v 1 n O 1 8) Westwood Professional Services, Inc. was not provided adjoiner deeds. 1 m LA r Bituminous surface N N 9) The bearings shown on this survey are based on the Carver County Coordinate System. Schedule A. Section ll Exceptions Concrete 1 g surface 1 i The following notes correspond to the numbering system of Schedule B, Section ll i Exceptions of the above mentioned title commitment. 1 42.3 - - 1 9) Easement for utilities and drainage as shown on the recorded plat of Crossroads Plaza -- E -- 1 o I 3rd Addition. AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. D 0 I 10) Restrictions set forth in Warranty Deed dated September 4, 1970, filed September 11, 1970, as Document No. 09917 (Abstract). AFFECTS SUBJECT PROPERTY, BLANKET IN 0 c o NATURE, NOT GRAPHICALLY SHOWN. Trash o NOTE: Above Warranty Deed not memorialized onto Certificate of Title. Existing Building Enclosure z `� I Address- 590 79tn street west m 11) Terms and conditions of and easements for access, utility and parking purposes Chanhassen, Minnesota, 55317 A� mom �zD 1 contained in Declaration of Cross Access, Utility and Parking Easements dated December Building footprint area = 5,470 sq. ft. rt o I 21, 1995, filed December 22, 1995, as Document No. 189152 (Abstract) and 90156 m (Torrens). AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. N� 12) Terms, conditions and restrictions contained in Declaration of Restrictions dated I December 21, 1995, filed December 22, 1995, as Document No. 189153 (Abstract) and 1 i I Document No. 90157 (Torrens). AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT area i GRAPHICALLY SHOWN. LandscaPe 1 ' 1 0o As affected by Consent to Use dated December 9, 2002, filed January 3, 2005, as " 20. 1 Document No. 336332 (Abstract) and 132687 (Torrens). AFFECTS SUBJECT PROPERTY, 1 20 p0 BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. / A /i /\ / 1 3 13) Terms, conditions, covenants, restrictions and provisions set forth in Warranty Deed area /-I v / / U 1 0 1 dated June 3, 1996, filed June 5, 1996, as Document No. 196184 (Abstract) and 92171 \ LondscaPe 1 N (Torrens). AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. -sign 1 0 14) Terms, conditions and obligations contained in Contract for Private Redevelopment _oran o dated June 3, 1996, filed June 5, 1996, as Document No. 196185 (Abstract) and 92172 of CROSSR0/'Q' t Easement _ _ _ - _ - N - - - -1� 1 (Torrens), AFFECTS SUBJECT PROPERTY n BLANKET lNeNATURE, AmenNOT dedGRAPHICALLY estatedSHOWN. Por ?A 3R Per the �-r - - 1 15) Terms and conditions of and easements g O A00/rj Piot_,__ t .and Access Agreement dated April 21, 2005, filed May 5, 2005, as Document No. 413440 Edge of oA (EX 9J i 1 / (Abstract) and 152456(Torrens). AFFECTS SUBJECT PROPERTY, AS SHOWN HEREON. is O 4 SideN. 1 / of pr feet No a/k- 1 o erty[/neh o Being an amendment and restatement of Parking and Access Easement Agreement dated ' \ June 3, 1996, filed June 10, 1996, as Document No. 196370 (Abstract) and 92266 Concrete Sidewalk PK N f (Torrens) AFFECTS SUBJECT PROPERTY AS SHOWN HEREON. Legend 0 BUSH/SHRUB �* STORM MANHOLE CONIFEROUS TREE TELEPHONE BOX ` DECIDUOUS TREE TELEPHONE MANHOLE WETLAND ® TRAFFIC CONTROL BOX ® STEEL/WOOD POST NH HAND HOLE -� SIGN-TRAFFIC/OTHER # TRAFFIC LIGHT StiTRAFFIC/OTHER ua GATE VALVE M MAIL BOX HYDRANT & HANDICAPPED STALL WATER METER C PERC TEST �s CURB STOP BOX aw MONITORING WELL Q WATER MANHOLE © CABLE TV BOX O WELL GAS METER -cTv- CABLE TV STREET LITE -GAS- GAS LINE GUY WIRE --Pore-POWER OVERHEAD � POWER POLE -PUG- POWER UNDERGROUND 0 ELECTRIC BOX -sAN- SANITARY SEWER ELECTRIC METER -sro- STORM SEWER QE ELECTRIC MANHOLE -ToH- TELEPHONE OVERHEAD ® ELECTRIC TOWER -TUG- TELEPHONE UNDERGROUND Qs SANITARY MANHOLE -wAT- WATERMAIN co SEWER CLEANOUT -FOP- FIBER OPTIC LINE ® BEEHIVE CATCH BASIN -L- ACCESS CONTROL 2 CATCH BASIN x FENCE LINE ® FLARED END SECTION v- DECIDUOUS TREE LINE ® CULVERT -1 ,�',1 ^'�, ^/, pI CONIFEROUS TREE LINE CURB & GUTTER Surveyor's Certificate To: Solomon Real Estate Group, Inc., a Minnesota corporation, Michael R. Palumbo, Trustee of the Palumbo Revocable Declaration of Trust Dated October 5, 2015 and Chicago Title Insurance Company. This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 7(o)(b)(1), 8, 9, 11 AND 13 of Table A thereof. The fieldwork was completed on August 17, 2018. Date of Plat or Map: August 21, 2018 Craig W. Morse Minnesota License No. 23021 cralg.morse@westwoodps.com ar , PAULEY DR. '^ SZ. �7 I R= 0,0Q 79th II �� 16) Terms, conditions and obligations contained in Assessment Agreement dated June 3, Y �wr st a A T I A=55 24 26 ❑5 A c1R. c" syN , 1996, filed June 5, 1996, as Document No. 196186 (Abstract) and 92173 (Torrens), PEE a w A a` Ar vP /AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. 6N LAKE DR. Site w �19y a ST. ,u ,� /Jvb//c WA j II IT �r A �� wqr sP 17) Terms, conditions and obligations contained in Special Assessment Agreement dated SAN I I Pi -SAN WA i W June 3, 1996, filed June 5, 1996, as Document No. 196187 (Abstract) and 192174 GrRN % v t of gay -SAN o o -wAr (Torrens), AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY SHOWN. tot A \ m ko A 1 \ SA N sPN 18) Terms, conditions and provision contained in Site Plan Permit 95-20 Special Provisions w 0 Denotes set /2"x14" Iron Pipe marked with / \ SANS/ dated February 26, 1996, filed June 5, 1996, as Document No. 196188 (Abstract) and Plastic Cop inscribed with Lic. No. 23021, \ ������/// Lake �� unless otherwise noted. \ 92175 (Torrens), AFFECTS SUBJECT PROPERTY, BLANKET IN NATURE, NOT GRAPHICALLY S U S a Y M SHOWN. • Denotes Iron Monument Found as noted. \ I ' Q Denotes Cost Iron Monument - - i- - - - - Crossroads Westwood Re°imi°m` �,. JAG Prepared for. Solomon Real Estate Group Plaza Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343� HTW 1508 Welland Avenue TOI Fee (888)937-5150 weStWOOdps.cORl xa°m'd °ia'l°s by/date: Minnetonka, Minnesota, 55305 Chanhassen, Minnesota Westwood Professional Services, Inc. 0' 20' 40' 60' Date: 08/21/18 Sheet 1 of 1 0020082ATF01.dwg ALTA/NSPS Land Title Survey M L K H G F E D C 1 2 3 4 5 6 7 8 9 19 11 12 13 14 15 General Planning Data Impervious Surface Analysis Property Site 1.24 Acres Proposed Option 1- Without Impervious Surface Varianci 53,996 SF Impervious Gross Floor Area 5,792 SF Reduced Impervious Surface Area Change Southwest parking & sidewalk (1,057) SF Site Coverage Entry sidewalk (109) SF Building Percent Coverage 10.7% Total Reduced Impervious (1,166) SF Projected Employees Added Impervious Surface Total Estimated Employed 80 staff Covered Patio A (partial roof coverage) 630 SF Maximum Estimated Shift 20 Staff New sidewalk (entry to street) 482 SF Total Added impervious 1,112 SF Projected Guest Seating Restaurant Interior 165 Seats Proposed impervious Surface Change Seasonal Patio 132 Seats (Reduced Impervious + Added Impervious) Total Decreased Impervious Surface (54) 5F Parking Analysis Proposed Option 2 - With Impervious Surface Varianct Perking Ratio Building - 1 stall / 50 SF 0.020 stall / SF Impervious Patio - 1 stall / 200 SF 0.005 Stall / SF (Per City Planner) Reduced Impervious Surface Area Change Southwest parking & sidewalk remains 0 SF Gross Floor Required Entry sidewalk (26) SF Area Area (GSF) Stalls Total Reduced impervious (26) SF Restaurant 5,456 SF 109 stalls Walk-in Cooler / Freezer 336 SF 7 stalls Added Impervious Surface Patio A 900 SF 5 stalls Covered Patio A (partial roof coverage) 630 SF Patio B 677 SF 3 stalls New sidewalk (entry area) 87 SF Total 7,369 SF 124 stalls Total Added Impervious 717 SF Currently Provided Parking Proposed Impervious Surface Change Existing On -Site Parking 87 stalls (Reduced Impervious + Added Impervious) Cross Parking - Walgreens 24 stalls Total Increased impervious Surface 691 SF Proposed Parking - Off 79th St 25 stalls Total Existing Parking 136 stalls Current Parking Overage (Option 2 with Variance) (Existing Parking - Parking Required) 12 stalls Reduced Parking for Impervious Trade-off (Option 1 without Variance) Removed Stalls 4 stalls HC Unloading Zone 1 stalls Total Proposed Parking 131 stalls Proposed Parking Overage (Proposed Parking - Required Parking) 7 stalls Existing sign Potential rain _ garden -- \ Proposed Uncovered Patio CS02 270 SF " Roofabove I Al 'ti 7r ar/ or' 7 ExiE r.t Jc �r a Proposed Covered Af Lan Patio with Roof / y ` 1630 SF t �. s <� � 11�) X C `a � 7 K �--------_ - ,1C_ :x- a Patio'A' Existing 0 1 Landscaping - Fireplace Walk-ins I Existing Restaurant Building I > us I I - ` � t - I I Existing Landscaping I l 1 \`-- Existing curb I I — Property Line Drainage and Utility Easement per the plat of Crossroads Plaza 3rd Addition Existing sidewalk s� \ �n a sir ;aping ° Proposed \ Sidewalk \ 482 SF Imervious 4. Surface Proposed Uncovered Patio 677 SF \ ° r\ �. Patio'B' t L Existing Landscapin Existing Landscaping New concrete Lcurb and gutter Remove 109 SF impervious surface and add pervious surface ;- - Proposed Fenced Area No parking \ access aisle sign \ ) 66 Add 87 SF \ Pervious \�\\ surface \ � Pa vEneEN T \ I � B45E rAC( OF CURiP. \ Proposed \ Fenced Area _ R=05•'� 6 `o R-3 j _ L.,f '5/ - \l�� k ` ` .'.- I I I I �\ Patio'B Proposed . T — - Uncovered I-l)IEll 57SF • � I Existing Landscaping \ Existing Landscaping I Ilia - • --r7—i ( Ly 11I 1 It I— I 128" Note Where contours indicate, ;9ncre 0.75"/"T slope ind'roted above J and match cdjcining pc'vem=nt slope to prevent gut`er from 11pomzin9". -- Remove 26 SF — — — — — — — — — — — - impervious surface and add pervious surface B612 Concrete Curb and Gutter % A4 Schematic Overall Site Plan - Option 2 m No Scale CS01 1/16" = V-0" w Schematic Overall Site Plan 1116" = V-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CITY SUBMITTAL M E a1 MZ U rn q C 7 U N w L r .. v z U •. ^a v u'1 m � 1 1 J X J O > to a o a � k Q w wco 1- n r w w �. IX �c U) m w C 0 v W p �¢tt Cl)N_ r`# t- N w Lu w �'mz = z 0 aa V) 0 $ M W W W �aK' � awwao •C F��wwv Oo i Z i� Oa �_M wom wl UJ a _r H H ME 00 FI Q w ww0E3 ¢I xmEag a'. c CNH NO.: 19064 F DATE: 08/02/19 REVISIONS: E D C L W T N o LL N «� �Z L U) U) L C c�' M L L�r1 U Schematic Site Plans M L 3 j H G F r= u c a wl 0cc 0 Al South Elevation CS02 114=1'-0• - 1 2 3 4 5 4 8 8 7 g 9 i Existing roof above Ea Floor/Furniture Plan CS02 118" = 1'-0" 10 11 12 13 14 15 Men's Existing brick soldier course Prefinished metal standing -seam patio roof Prefinished metal gutter and fascia Solid wood column and braces, stain — Wood deck framing, stain Existing brick walls 8 9 10 11 12 13 14 15 CITY SUBMITTAL M L K x r � 0. C ❑,F O �: Waa ) N c~n WOO TT WM N Z O g a wwN In O z O m z C U =ra, U1Uz C J rprC�•— 7 �wwa0 �owr LLp>za r i�UNZ UFO>F C m UDOO x N5ag a m G CNH NO.: 19064 F DATE: 08/02/19 REVISIONS: 781 c y^,' W U +' M m P L" C�z R[ L .� 13 in in Cr 0) (0 c C:) Co i °rr'i U Floor/Furniture Plan and Exterior Elevation A N �O V ) U Non -Scannable Item Item Description 3- -00SI, Folder Number �®®P�lannina Case No. 2019-08 ' ppplebee's Bile RepuiW Bulchtt)BPR Folder Name Job Number )3l I Box Number CC D4 3� w _L rt�e� ' � _ � 5 � ': Y `` , m t � SOLOMON REAL ESTATE GROUP "Where Wisdom and Opportunity Meet" Jay Scott Principal Direct: 651.336.6060 jayscott@solomonm.com 8560 Kelur Pond Drive, Victoria, MN 55386 F f a L t `t- MANAGEMENT : LEASING : INVESTMENTS BLMNE EGGUM OWNEAMGENT OFFICE: 952-898-4303 NORTHL■AND CELL:612-799-2724 +••���•• FAX: 952-303-4692 E-MAIL BLAINE@NORTHIANPCOMMERCIALCOM W W WNORTHUNbCOMMERCIALCOM / R i eyes,wiLITde Tony Donatell Owner 651.335.0620 LONEOAKMARKET6 GMAIL. COM 1286 LONE OAK RD EAGAN, MN 55121 mmw 11; BUNRBGEH$ Jlu/ L IIIIB Uts � ,, FARMER'S GRANDSON EATERY �ENNTB n � B ...rARRARN'R v J IJT EGNER JOSH EGNER President/LEED® AP legner@jtegner.com 17595 Kenwood Trail -SOW 250 Lakeville, MN 55044 (0) 952.985.0582 (F) 952.388.1120 (C) 952.797.6190