PC Staff Report 2-19-08
~
z
-<
u
~
~
~
~
-<
-<
~
-<
~
~
~
~
rJ1
PC DATE: 2/19/08
OJ
CC DATE: 3/10/08
CITY OF CHANHASSEN
REVIEW DEADLINE: 3/18/08
CASE #: 08-02
BY: AA, AF, JM, TJ
STAFF REPORT
PROPOSAL: Request for Site Plan Review with variances for a 1,650 square-foot one-story
restaurant building; and a Conditional Use Permit to allow a free-standing fast-food restaurant in
the Central Business District (CBD).
LOCATION: 7851 Market Boulevard, Lot 1, Block 1, Market Street Station
APPLICANT: Jimmy John's
c/o Kraus Anderson Inc. LLC
4210 West Old Shakopee Road
Bloomington, MN 55437
~.
PRESENT ZONING: Central Business District (CBD)
2020 LAND USE PLAN: Commercial
ACREAGE: 0.14 of 5.26
SUMMARY OF REQUEST: The developer is proposing a 1,650 square-foot, one-story, stand-
alone restaurant building located in the Market Street Station development.
Notice ofthis public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a site plan is limited to whether or not the proposed
project complies with Zoning Ordinance requirements. If it meets those standards, the City must
then approve the site plan. This is a quasi-judicial decision.
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi judicial decision.
Location Map
(Subject Property Highlighted in Yellow)
Jimmy John's
7851 Market Boulevard
Planning Case 2008-02
Jimmy John's
February 19,2008
Page 2 of 11
PROPOSAL/SUMMARY
The developer is requesting a Conditional Use Permit and Site Plan Review for a 1,650 square-
foot, one-story, free-standing fast-food restaurant building. The building height is 19 feet to top
of parapet. The building is constructed of pre-cast concrete, stucco and cultured stone, to match
the existing building in Market Street Station. The proposal is for a single tenant user.
A Conditional Use Permit (CUP) is required by City Code for all free-standing restaurants
located within the Central Business District (CBD).
The property to the north is Country Suites Hotel, which is zoned Central Business District. The
property to the west, across Market Boulevard, is Market Square, which is zoned Planned Unit
Development. The building to the south is part of Market Street Station and is zoned Central
Business District. The property to the east is a vacant building site and the Chanhassen Cinema,
which is zoned Central Business District.
Water and sewer service was provided to the site as part ofthe Market Street Station
Development in 2003. The applicant will need to provide storm water improvements for the
specific building pad. The proposed site complies with the Chanhassen City Code. Staff is
recommending approval of the conditional use permit and site plan review with conditions.
APPLICABLE REGUATIONS
Chapter 20, Article II, Division 6, Site Plan Review
Chapter 20, Article IV, Conditional Use
Chapter 20, Article XVIII, Central Business District
Article XXIII, Division 7, Design Standards for Commercial, Industrial and Office-Institutional
Developments
BACKGROUND
On October 13,2003 the Chanhassen City Council approved Rezoning #2003-03 from General
Business District (BG) to Central Business District (CBD), Site Plan #2003-09 for Market Street
Station, and Conditional Use Permit # 2003-05 for multiple buildings on a single lot. Market Street
Station was approved as a multi-phase project.
Phase I was constructed in 2004, it consisted of a two-story main building approximately 45,000
gross square feet containing a bank and commercial/retail tenants on the first floor and office
space on the second floor. This building is the centerpiece of the development and occupies a
prominent location on the site. The bank occupies the west end of the building; it has four
covered drive-thru lanes, one of which contains an A TM machine.
Jimmy John's
February 19, 2008
Page 3 of 11
The subject site is Phase II of the development:
a 1,650 square-foot stand-alone restaurant with
an outdoor patio area for seating and dining,
This building is located immediately north of
the main building and across the private street
that enters off of Market Boulevard.
The site is accessed via a shared driveway
adjacent to Market Boulevard as well as shared
parking within Market Street Station. The
parking for Market Street Station was installed
with the construction ofthe existing building
during Phase 1. During the site plan review for
Market Street Station, the parking requirements
included a free-standing restaurant on the subject
site. Market Street Station has a joint access
agreement with the City to cross the City's right-
of-way into the development.
I I ':,-::.l-;f,," C I" ' :: '':.~'''"" ~ T ; '0. ",I.; ~:.ii;':, r.: ~.".'
i Subject S'~ ':'~~:.., I, .::::'~ "f'~l' n:.:;;;.~~L ~~ ;:.~' ~'~,',c:::"
"(~. ". n,~~.. ..~ _,I .r: -.;: .."':1140": I . ~ .. . . . ..... .
I L 4. - , u ~ ".,., ...., '- -rr-;' --C ' '0' ;.. -..,.,....
: I/Ic:"');' 1;1 itc~"L'~:"'~I'~;~'~ <C~'~..~__
\ IF." 1" l' ',., .. "E "" .,
I i\ . 1/,:-....... ~ -~', :~ .,"~ f;;~; ~ Or ~ .\~.:- ;~.'"l ;;~ L. ..
;; . .7.... ',fJ!'. .:.=.'\..L;-1'1~ G':.,,--...':""'" "",.;~, . ,'!v ..,,-:;~::"
I !:l'n., ,I - :.... .'. "j 4-1 -''';) ,rc'!, -"-' ~ ....-=".
I g\'''j'~. ,Ii .+~:"i'r~,.tf:);'7' ' 'j; \ .~ I., <<"7: ~ ~~
I .."\ "'\' ),--- '='1..[tJ~ k i' ,~I I:" ......
.. \: 1,_ J 1-_ .. . . 1,;,' .' ~; ~::' ~L.::-.. ..
-:: -== \ -.h ':l~" .: histing Building ': ~""'~ ..1 ;. - "..:l ~ 4:"" :;... :>
, I 11l1-J,L. 1.._' -.1' - ~ .._,
\ 'oli! 'h I .' . ,', ,Cf'~-' - l.Jlt.Y:'
\ \\"~\ b\:f~y.:r.::. _~.nT.IJ ..;.:~~~1'1~1 .. L .
\'.\,'\' ;::1' 'i":A~~'iI.ill L -\1 '1"- 'j-ryj,.j IH :I'-I-I~t;;:' .' '~Jfl
\ -.' "'-r->-==';-r-:-'~'() -' i i II ,. ~ 11-'1 1.,~~tJ<?r- ~~U:
'\\~~ -\:"_~-~.2~j~"L~}~t,-:;,~::- ~ : j: " C ! ',,,;' ,~~-:'~
, \.....~ n<;:."\ '\770" ,~_,,,,,,-_,,,'-1o'.,--...L_~l I \LL:,'-..!.-o-.:"'r-~~. _cJ;
~rVI f' /..~',"~~~ \....,\ 1 ...~:~'<;..::~~~.$.7.r~7"'-:;;~"' ~~;- ---
\ ~ ~( :~~,\\\~ ~~~ ~(~r~'~~~~-~'''':::'~~-::5'_''~:''~~-~"!~-t:::.-:- .~- - -
\ ,\...\ '~"\\~;"~Il, ..,t,.r , -- -=--- --- ........\..-
\A- \\ .J '",<' I ~1-- .., I. 0(9:11
,'" \"\ '''.!\~'{\.~i!-_/'~ ,.,.ntt,oJ"'ol ~
, I'" :\~. 0/". :.;" - ,..,,,,0'0
~ _ _\ '?Y\:~\". '='::::"~#.N C\fEC, " ~\.sllP.~
"
Phase III is proposed to include an additional
building pad to the east of the Phase I building connected to the Chanhassen Cinema.
CONDITIONAL USE
City Code requires any stand-alone fast-food restaurant located in the Central Business District
to receive a conditional use permit. Conditional uses allow the City to impose appropriate
conditions to mitigate potential negative impacts of a use. The conditional use requirement for
fast food restaurants is generally based on regulating the use of a drive-thru window in
connection with the use. The applicant is not proposing a drive-thru for this building, nor will
one exist in the future; therefore, staff supports the stand-alone fast-food restaurant in the CBD.
GENERAL SITE PLAN/ ARCHITECTURE
ARCHITECTURAL COMPLIANCE
RlXf'TCf" EGlJIF"I"eIT
.JJQf' _0' P/oRilPET _
""l"'EL U!I',t)'
.'",
~ ~ ;f../,~
f'I<!::.FN1~D !"ETA!.
CJJP
"" aJ~~ 6T""" ___
Il/.l.l.L FACIN6,
RANPO'l f'ATTEl'N
AROlITEc;~
FNIe<J A<E.C~T
Ib ~~, L~
"
'ttO .f[
_ l _~
_ RIXI" . I1lOOD ~
II.ITl-I ASFWIL 1 5l-INGLES
ExTERIOR WAU. S\i'#I TO_
SAll~ 1'IA'<KI:l 6!1lf:ET
6TATICIoI Sl(,tl o;tlTa<I.I.,
AllNlNlJ"1 INTff'NALL Y LIT
LET1E1<S (LED) WITl-I
!R.'NSLIJCelT f'LEx FAa
CANvAS. TTI'E
.l.l:I\'lIoti i:JITl-I Cf"AaJE
I<ca: FAeRie
..'.
Jimmy John's
February 19,2008
Page 4 of 11
Size Portion Placement
The City Code promotes location of the building nearest to the setback lines outlined in the
district regulations. This district does not have a minimum setback requirement. The principle
structure is set back 16 feet 2 inches to the west property line and 10 feet from the north property
line. All other elevations are internal to the development.
The City Code requires parking areas to be distributed around buildings. The building is situated
so that the parking area is adjacent to the main entrance of the building. The building screens the
parking lot from direct views along Market Boulevard.
The main entrance to the building is located on the east side of the building and is enhanced by a
projecting entrance and a hip roof element. This entrance is the closest access point to the
parking lot. There is a second entrance on the west side of the building, which is nearest the
restrooms and mechanical room. To enhance building safety, staff and the applicant have
discussed installing self-latching hardware on the door. This door will serve as an exit only door,
as well as a service door for the
employees.
Material and Detail
~ ~~:'bPfX!!
CONtNJcW 61.'ID (:>'
&W..GO
- oJ.. OUI<l!D SlCN! tlAl.L
FACII4 R.MOCt1 PA~
The restaurant is architecturally
compatible with the overall design and
layout of the development.
-CLEAR DOU6LE PA'lf, LCIlJ
E' INSULATED 6/.A&5
=,= 1.L\t1lt-1J"1
FIt'.'1l
The building materials consist of pre-
cast concrete, stucco, cultured stone, a
raised parapet, clear double-pane insulated windows, canvas opaque awnings over all windows
and entrances, gooseneck lighting and landscaping throughout the site.
~ ~~::
The main entrance to the building is enhanced through the use of a projecting entrance as well as
a hip roof with black asphalt singles. The design and building materials architecturally mimic
the existing design of the development.
Height and Roof Design
.... J-;;--. __. --- ~-----....--::-~
~~ .=-;~~"':.~.~;.:=--:.?---~:~ ";;;-~-.:.~~?~;
- . - .."."-- -- - ---..: .
, - ..-"-:: ~-,'-- --. -. -, -.. ---:...:-
-.- ~ - ~ - - _, _x_
- - - + . - - - --
~ ~- - - - - -
---"-.-- - --~---:_-_..+""""""':-,---... - --~: -." ---.-
--- . - - -
. -- - -
~.-- -- - .--'--- - - -.-.-
-.-- ~..-- --'--,--:--.-.- --~
- -
The single-story building is 14 feet 6 inches high. The roof articulation
is provided through the parapet wall and the hip roof at the main
entrance.
~~,
The hip roof design is in direct conformance with the intent of the
Market Street Station Development. As outlined in the original site
plan review; the roojlines of the buildings are, perhaps, the most
important architectural feature of the project as they provide
significant visual interest to the project by providing a variety of roof
forms. The hip roof continues this architectural interest.
Jimmy John's
February 19, 2008
Page 5 of 11
The mechanical equipment is located in the center of the roof and is screened through the use of
a 5-foot parapet wall surrounding the building.
Facade Transparency
City Code requires a minimum of 50 percent of the first floor elevation that is viewed by the
public to include transparent windows and/or doors. The east and west elevations exceed this
requirement. However, the south elevation does not. The applicant has agreed to convert one of
the sections of cultured stone into a window. The addition ofthe fourth window on the south
elevation will exceed the transparency requirements. The north elevation, which is not visible by
the public, shall include landscaping material and architectural detailing.
Site Furnishing
The applicant is proposing an outdoor dining patio on the east side of the building, located
between the entrance of the building and the parking lot. There is a continuous sidewalk around
the west, south and east elevations of the building, which will provide a connection with the
existing internal sidewalks as well as to the public sidewalk along Market Boulevard. Market
Street Station also offers existing bike racks for cyclists.
Loading Areas. Refuse Area. etc.
During the initial discussions staff had with the applicant regarding the site, staff directed the
applicant to investigate the possibility of a joint agreement with Country Suites Hotel to share
access to their trash enclosure, located just north of the subject site. The applicant is continuing
to pursue this option. However, should this option fail, the applicant will locate the trash
enclosure on the west side of the building. The enclosure will be set back 6 feet 2 inches from
the west property line and 10 feet from the north property line. The enclosure will be
constructed of the same building material as the principle structure. There is a sidewalk
connection from the trash enclosure to the west end of the property for trash service accessibility. .
Landscaping
The landscaping for the proposed development includes foundation and replacement plantings.
The landscape requirements for parking lots and bufferyards have been met with the previous
approval and implementation of the Market Street Station development plans.
The foundation plantings include trees at the property edges and shrub beds facing the drive
lanes and parking area. The applicant is proposing to save the existing trees on the site. These
trees will need to be protected during construction and replaced if damaged or killed. The
species noted in the planting schedule are acceptable.
Three Colorado Spruce trees will be removed at the northeast corner of Market Boulevard and
the entrance drive. These trees will be removed and replaced by the applicant. The proposed
plantings include three 4-inch Autumn Blaze maples and three 2-inch Red Jewel crabapples.
The replacement trees will provide better sight lines for traffic while retaining canopy coverage
for the site.
Jimmy John's
February 19, 2008
Page 6 of 11
Lot Fronta!!e and Parkin!! Location
The access, parking and utilities for the proposed restaurant were installed with the Market Street
Station development. The main access will be via Market Street just the west of the site. There
is also an existing joint drive aisle with the hotel to the north. The existing parking lot to the east
will serve the site. A small portion ofthe parking lot adjacent to the site will be re-striped to
accommodate one ADA parking stall. The parking requirements apply to the entire Market
Street Station Development.
Parkin!!
PHASE I
New/Expanded Uses Gross Floor Spaces/lOOO Spaces Needed
Area S.F. Day Night
*Restaurant 3,000 sf 10 day ~ ~
(subject site) 1,650 sf 5 night 17 9
Restaurant w/bar 5,000 sf 10 day 50 100
1 story 20 night
BanklRetail (1 st floor) 21,665 sf 4 day 165 42
Office (2nd floor) 19,565 sf 1 night
Cinema 13 51 seats .02 day 27 270
.2 night
Frontier Lower Level
Fitness Center 11,000 sf 3 day 33 33
3 night
Dance Studio 5,000 sf 1 day 5 15
3 night
Office 4,000 sf 4 day 16 4
1 night
Park & Ride (existing) 120 day 120 0
o night
Total Needed Phase I 44(j 4+9-
433 473
Total Parking Provided 526 526
Note: Some of the square footage and parking counts are approximate
GRADINGIDRAINAGE
Minimal grading is required for the proposed building pad. The area being disturbed is less than
one acre. It appears that the site grading may generate excess material. If off-site hauling is
required, the developer must work with City staff to determine an appropriate haul route.
Jimmy John's
February 19, 2008
Page 7 of 11
Runoff from the site will be conveyed to the existing 12-inch storm sewer stub on the south side
ofthe building via a private storm sewer. The public storm sewer was designed to accommodate
runoff from the entire site under fully developed conditions.
Erosion Control
The total disturbed area is less than one acre and there are no special waters. As a result, a
NPDES Phase II Construction Site Storm Water Permit is not required from the Minnesota
Pollution Control Agency (MPCA) for this site and it is not necessary to develop a Storm Water
Pollution Prevention Plan (SWPPP) in conjunction with this application.
Adequate perimeter controls were shown on the erosion control plan. The plan needs to call out
a rock construction entrance. The City ofChanhassen requires a minimum length of75 feet.
Site constraints may be such that this length is not practicable. If it is not, it is incumbent upon
the applicant to show why not and to maximize the driveway length within the site constraints.
The rock construction entrance should be constructed in accordance with Chanhassen's Standard
Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping
and street sweeping as needed.
Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed
soil areas shall have temporary erosion protection or permanent cover year round, according to
the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10:1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include any exposed soil areas with a positive slope to a storm water conveyance
system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage
ditch or other natural or man made systems that discharge to a surface water.
Inlet protection may be needed prior to installation of the castings for the curbside catch basins.
In the event, adequate inlet protection details were included in the plan set.
RETAINING WALL
The plan identifies a retaining wall on the north side of the site. The wall is necessary to prevent
grading and/or excavation beyond the property line to the north. No excavation is to occur north
ofthe property line during installation ofthe retaining wall. The wall will be privately owned
and maintained.
UTILITIES
Six-inch sanitary sewer and water service stubs to service the site were installed with the Market
Street Station development. The City Sewer and Water Hook-Up fees and the Metropolitan
Jimmy John's
February 19, 2008
Page 8 of 11
Council SAC fee must be paid with the building permit. These fees are based on the number of
SAC units as determined by the Metropolitan Council. The current rates are $4,799/unit for City
Water, $1,239/unit for City Sewer and $1,900/unit for the Metro SAC.
OTHER AGENCIES
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
WETLANDS
No jurisdictional wetlands exist on the property.
LAKES AND BLUFFS
The proposed project is not within any shoreland district. There are no bluff zones located on the
property.
LIGHTING/SIGNAGE
Lie:htine:
The proposed lighting on the building are gooseneck lights, which mimic the lighting on the
main building in the development. The lighting locations for the parking lot were installed
during construction of Phase I, in the landscape islands.
Sie:nae:e
Wall signs are permitted on two elevations ofthe building. The applicant is proposing one on
the west elevation, along Market Boulevard, and one on the south elevation, along the private
drive isle, as noted in the architectural plans. The wall signs shall be consistent with the City
ordinance.
COMPLIANCE TABLE - CBD DISTRICT
Ordinance Proposed Principle building
Building Height None mid-point of hip roof is 23 ft.
Building Setback None 16 feet 2 inches to West property line.
Parking stalls Per Parking Study 26 stalls
Parking Setback None 100 feet to Market Blvd
Lease Area NA 6,240 sq ft
Jimmy John's
February 19, 2008
Page 9 of 11
Miscellaneous
The building is required to have an automatic fire extinguishing system. Plans must be prepared
and signed by design professionals licensed in the State of Minnesota. Retaining walls over four
feet high must be designed by a professional engineer and a permit must be obtained prior to
construction.
The proximity ofthe structure to the property lines (and other buildings) will have an impact on
the code requirements for the proposed buildings, including but not limited to protected openings
and fire-resistive construction. These requirements will be addressed when complete building
and site plans are submitted. Detailed occupancy related requirements will be reviewed when
complete plans are submitted. The utility plans will be reviewed during the permit process. The
owner and/or their representative shall meet with the Inspections Division as soon as possible to
discuss plan review and permit procedures.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion and adoption ofthe
attached findings of fact and recommendation:
"The Chanhassen Planning Commission recommends approval ofthe Conditional Use Permit
and Site Plan - Planning Case #08-02 for a 1,650 square-foot, one-story, stand-alone restaurant
building, plans prepared by Pope Architects, dated received January 25, 2008, subject to the
following conditions:
1. The south elevation shall be revised to meet the 50 percent fa9ade transparency requirement.
2. The applicant shall continue to pursue the option of a shared trash enclosure with Country
Suites Hotel.
3. The applicant shall install self-latching hardware on the door located on the west elevation of
the building.
4. All roof-top equipment shall be screened.
5. The existing trees shall be protected during construction; the applicant will be responsible for
replacing any damaged or killed trees.
6. The applicant shall provide erosion and sediment perimeter control.
7. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75
feet. This shall be noted on the plans and discussed at the preconstruction meeting.
8. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the
discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge
location for the outlet of the proposed pond shall be evaluated to ensure that the proposed
discharge will not cause erosion issues. Reinforced erosion control matting may be required.
Jimmy John's
February 19,2008
Page 10 of 11
9. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include any exposed soil areas with a positive slope to a storm water conveyance
system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage
ditch or other natural or man made systems that discharge to a surface water.
10. Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the
manhole with a steel plate holding the fabric in place.
11. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length
although site constraints may require alternative length) wherever construction traffic will
access the site. The rock construction entrance shall be constructed in accordance with
Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall
include daily street scraping and street sweeping as needed.
12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
13. If off-site hauling is required, the developer must work with City staffto determine an
appropriate haul route.
14. The building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
15. The building is required to have an automatic fire extinguishing system (Chanhassen has
adopted MN Rules Chapter 1306, Subp. 2).
16. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
17. Sign permits are required for all signs prior to the installation, to ensure compliance with all
applicable regulations.
Jimmy John's
February 19,2008
Page 11 of 11
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application.
3. Reduced Market Street Station Site Plan dated Received January 25,2008.
4. Reduced Floor Plan dated Received January 25,2008.
5. Reduced Elevations dated Received January 25,2008.
6. Reduced Land Title Survey dated Received January 25,2008.
7. Reduced Grading, Drainage and Erosion Plan dated Received January 25,2008.
8. Reduced Civil Details dated Received January 25,2008.
9. Reduced Landscape Plan dated Received January 25,2008.
10. Access Easement agreement dated April 7, 2004.
11. Public hearing notice and property owners list.
g:\plan\2008 planning cases\08-02 jimmy john's\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Kraus Anderson for Conditional Use Permit and Site Plan Review
Approval for a 1,650 square-foot, one-story, stand-alone restaurant building in the
Central Business District (CBD).
On February 19, 2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Kraus Anderson for a conditional use
permit and site plan review for the property located at 7851 Market Boulevard, Lot 1
Block 1, Market Street Station. The Planning Commission conducted a public hearing on
the proposed site plan which was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Central Business District (CBD).
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is: Lot 1, Block 1, Market Street Station.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The site is part of the Market Street Station development, and was
conceptually approved in 2003. The plan complies with Chanhassen City Code
and will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood.
b. Will be consistent with the objectives ofthe City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
1
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Finding: The site meets the zoning district requirements and the design standards
of the Market Street Station development. The building will be constructed of the
same building materials and will be architecturally compatible with the
development.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are zoned for commercial use. The site was
conceptually approved with the Market Street Station development in 2003.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate
for the proposed development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
compliment the commercial uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The use is consistent with the standards of the Central Business District
as well as the Market Street Station development standards and will not be
detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Phase I of Market Street Station at which time the overall
vehicular circulation was evaluated and approved.
2
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The site is consistent with the design standards for Market Street
Station. There is adequate separation provided from the nearest use.
J. Will be aesthetically compatible with the area.
Finding: The proposed use and architectural design compliments the surrounding
architecture and will be compatible with the development and surrounding area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values and shall
enhance the economic activity of the area.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Central Business District and other
zoning requirements.
5. Site Plan Findings:
a. The proposed development is consistent with the elements and objectives of the
City's development guides, including the comprehensive plan, official road
mapping, and other plans that may be adopted;
Finding: The site is consistent with the City's development guides and
comprehensive plan. The site is part ofthe Market Street Station development
approved in 2003.
b. The proposed development is consistent with the site plan review requirements;
Finding: The site is consistent with the site plan review requirements.
c. The proposed development preserves the site in its natural state to the extent
practicable by minimizing tree and soil removal and designing grade changes to
be in keeping with the general appearance of the neighboring developed or
developing or developing areas;
Finding: Three trees are proposed to be removed along Market Boulevard to
improve visibility and are to be replaced on the subject site. The site was rough
graded during previous construction within the development. There will be
minimal disturbance to the surrounding area.
3
d. The proposed development creates a harmonious relationship of building and
open space with natural site features and with existing and future buildings having
a visual relationship to the development;
Finding: The site was approved conceptually in 2003 with Phase I of Market
Street Station. The design standards and building materials reflect that ofthe
existing building in the development.
e. The proposed development creates a functional and harmonious design for
structures and site features, with special attention to the following:
1) An internal sense of order for the buildings and use on the site and provision
of a desirable environment for occupants, visitors and general community;
Finding: Market Street Station was approved in 2003, at which time the buildings
and parking layout were developed creating a sense of order throughout the
development.
2) The amount and location of open space and landscaping;
Finding: The site will be landscaped, including the landscaping islands in the
parking lot. An outdoor dining and seating area is located to the east of the
building
3) Materials, textures, colors and details of construction as an expression ofthe
design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
Finding: The site was approved conceptually in 2003 with Phase I of Market
Street Station. The design standards and building materials reflect that of the
existing building in the development.
4) Vehicular and pedestrian circulation, including walkways, interior drives and
parking in terms oflocation and number of access points to the public streets,
width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic and arrangement and amount of
parking.
Finding: The site includes sidewalks which connect with existing internal
sidewalks, as well as the public sidewalk along Market Boulevard. Traffic
circulation was evaluated and approved as part of the overall development plan
reVIew.
5) Protects adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light
4
and air and those aspects of design not adequately covered by other
regulations which may have substantial effects on neighboring land uses.
Finding: Sanitary sewer and water service stubs to service the site were installed
with Phase I of the Market Street Station development. The site is part of Market
Street Station and is consistent with all design standards.
6. The planning report, Planning Case #08-02 dated February 19, 2008, prepared by
Angie Auseth, et aI, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve Planning Case
#08-02 for a conditional use permit and site plan review.
ADOPTED by the Chanhassen Planning Commission this 19th day of February,
2008.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
5
Planning Case No. 0 g - Od-
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHMiHASSEN
RECEIVED
JAN I f) [008
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLANNiNG DEf)'!
PLEASE PRINT
Applicant Name and Address:
Kraus Anderson LLC
4210 Old Shakopee Road
Bloomington. MN 55437
Contact: Jack Appert
Phone: 952-88 I -8 I 66 Fax: 952-881-8114
Email: jappert@karealty.com
Owner Name and Address:
Kraus Anderson LLC
4210 Old Shakopee Road
Bloomington, MN 55437
Contact: Jack Appert
Phone: 952-881-8166 Fax: 952-88 I -8 114
Email: jappert@karealty.com
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements (VAG)
Interim Use Permit (IUP)
x
Variance (VAR) wO
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
X Notification Sign ~
(City to install and remove)
Subdivision*
~w fo~EilioaFees/Attorney Cost**
~CU~ACNAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 970.00
x
Site Plan Review (SPR)* 500+ 2-6
x
(~ 9lo V-\-J.- 60
OvU Da,'ct .:tl:2.00-
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a di~ital copy in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application. SCANNED
PROJECT NAME: Retaill3uilding Shell lor Jimmy John's Restaurant Tenant
LOCATION: 7851 Market I3Ivd.
LEGAL DESCRIPTION: Lot I. l3Iock I. Market Street Station
PID: 25-44600 I 0
TOTAL ACREAGE: 5.26 (Development) NW Corner
WETLANDS PRESENT:
PRESENT ZONING: el3D
YES
x
NO
REQUESTED ZONING: NA
PRESENT LAND USE DESIGNATION: Retail/Restaurant
REQUESTED LAND USE DESIGNATION: NA
REASON FOR REQUEST: NA
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within .15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
-.............----...
IJI1,fOg
Date
Signature 0 Applicant
1fP;~/L
Signature of Fee Owner
f -n-c7{
Date
SCANNED
G:\pLAN\forms\Development Review Application.DOC
Rev. 12/05
CITY OF CHANHASSEN
RECEIVED
RETAIL BUILDING SHELL
JAN 2, 5 2008
CHANHASSENPLANNINGDEPT FOR JIMMY JOHN'S TENANT
EXI5TNioOReQl'fTO~'
--
=..:.eu lUo"'P TO
_1.l_fQ.I
,,-
.{3\ SITE PLAN
~ 1-=20'-0-
Olo'2ft 40'~
~ "W
NORTH
'Q CAMPUS PLAN
$
NORTH
CHANHASSEN, MINNESOTA
~////////////////
E1~
-2-
~\\;
~~
Q VICINITY PLAN
0.0
$
NORTH
_u,
_Uj
~-
OWNER/DEVELOPER
Kraus Anderson Inc., LLC
4210 Wesl Old Shako pee Rd.
Bloominglon. Mn. 55437
19521 946-9367
952 661-6114 FAX
Conlacl: Jack Apperl
japperl@kareally.com
SHEET INDEX
ARCHITECT
AO.O COVER SHEET Y, Trn SITE PUN, CAMPUS PLAN
AND VICINITY PLAN
Al.O FLOOR PLAN
A2.0 EXTERIOR ELEVATIONS
CML
CO.O SURVEY
no GRADING, DRAL"IIAGB. EROSION CONTROL,
unurv. GEOMETRIC AND PAVING PLAN
C2.0 CIVIL OET An.S
CML
Ll LANDSCAPE PLAN
LANDSCAPE (DESIGN BUILD CONTRACn
Lan-De-Con
19521 474-2260
952 474-0155
Conlacl: Chuck Klinefeller
chuc k. kli nel el terO Ian -de- con .com
CML
BKBM Engineers
5930 Brooklyn Blvd
Minneapolis, MN 55429-2516
17631 643-0420
763 643-0421 FAX
Conlacl: Thomas J. Cesare, P.E.
lcesare@bkbm.com
ARCHITECT
Pope Associates Inc.
1255 Energy Park Dr.,
Sainl Paul, MN 55106
16511 642-9200
651 642-1101 FAX
Conlacl: Sleven R. Doughly
sdo ug h ly@popearch.com
GENERAL CONTRACTOR
Kraus Anderson Midwest Conslruclion
Rendova Slreel NE
P.O. Box 156
Circle Pines, MN 55014
1763l 766-7711
763 766-2650 FAX
Conlacl: Pal Sims
pat.simsOk-a-c.com
STRUCTURAL
. BKBM Encineers
5930 Brooklyn Blvd
Minneapolis, MN 55429-2516
17631 643-0420
763 643-0421 FAX
Conlacl: Thorn.. J. Dawns, P.E.
ldownsObkbm.com
POPE ASSOCIATES INe.
125' ENERGY PARK DRIVE
ST. PAUL, MN SSIOS-Slla
PH. (6SI)6.U-9200
FAX (651) ~2.II01
MARKET STREET
STATION
RETAIL
BUILDING SHELL
FOR
JIMMY JOHNS TENANT
CHANHASSEN.MN
rTAlKRAUS .AN DERSO i
~ ~~.~~.~..~-~~~.~.~.~.~.'.~:.~.~~.~~:.........-
NOT FOR
CONSTRUCTION
I SITE PLAN
REVIEW
SITE PLAN
""1$ Jl'~ ~~, . ,;tr.;
SITEPlANRiVlE.W - '!18~
'_~...I."IIolII"....."",I,.......
::,::,"::~~::.~':':;Kl
.<td.._lVl_u...x;,loli...
.,..
lJ!.a.I"
Vm'lli~ltl. .
D,..,b,
CW~bl
41300-07131
-sf>
SO
SHEET
AO.O
- , '~
~, .,: d ,; ,.,'
[
,---,
I 1
I 1
L___-3
M
I ~
- I
I
I
,
I!~~~
-,
L_.J
1
.i.
4"'"'
<::::. ::::.-="/
r-;-------
I'
,
1 ,
1 ',/
I x
1/'
t / ,
/ "
-II
L _ _ _ __.J L_ _ _ _ _ ..J
~
CITY OF CH,l\r'JHASSE~:
RECEIVED
'~ ~;.~~~ PLAN ':, ,. ~'
$
NORTH
.JAN 2 5 2008
CHANHASSEN PLANr,ING Di:f"
POPE ASSOCIATES INC.
1155 ENERGY PARK DRIVE
Sr. PAUL, MN 55101+511'
PH. (651) ,..:1.9:100
fAX (UIl '''Z-IIOI
MARKET STREET
STATION
RETAIL
BUILDING SHELL
FOR
JIMMY JOHNS TENANT
CHANHASSEN. MN
I I
I KR^IJS-ANnf.RSON
I Cl1 ,,,' '.." "",..,.,.". _.
L-____---.J
NOT FOR
CONSTRUCTION
I ~~:WLAN I
FLOOR PLAN
ISlIm ondR~liliO/lI
SITE Pl.AN R"EVlEW- 1118106
1."lIJI'~I...",.,,,,,,h"'....
=:,::.":~~:~,-::':,~ct
llllltd....lIll I. Jl.-llfJ\tll,. ,....
~,l..~.
CmilliOllIl 41300-07131
DI~bl BP
Chtdejb, SO
SHEET
A1.0
....
~.
-----
---- /
_-"NIIofi),..TAl..c..v> "- --------------- -=~~~
$ TO!" OF ~....-. ~ , 7
iI.."'."
,
I -- -/"
'","CPIIIXJII ~ - - ~ I , C-IIN~'''''''fI&Io
au'.' ,________ ---7 /' ,,""-
=D!,,:~~IlIUUCNll, / '\. --------- ~- ~_m
$'OI"OF~ _ i'--
!LIII'.II!I' .';
r
~ , '.~'. f ,
~n.uI.'NIilU""".c..\6' /j~j "-. ,;C ~lilLJ-...At'WlXl'
==~ --- A ~
f--- i-! '!, ')2i ',c 'L ':'" t----.--- ----, ---"""OI.llP............
..
~v<<
a_4 "--
1"IIlf_1loeD~.""'TIloA$f
~,
....
"'"
<a
"'"
,-
J"ETAI..~ =
-, -
RIIL'_I"lIIE-C.t6T
...L___...L ~"'"
~ ------ ----- - ----- ~
...---- ~
~ -.
iQ ~;?=~,~~ ELEVAII~N " "
l"lOE.fNliOEIl
$10I"0t'1'.
fl.",-II'
$ICPfJI'~
aw'..
,,:~tIoIUf~
'-"T'n"II! _16_
OI".<a&~f'-'::
.~;Ti OF CHMJHASSEi\'
'1ECEIVED
~-
~,.
_on_
_1'IolT'f__'
TO""'TQj~
JAN 2 5 Z008
1t~,-~"'--e'
CHi'>,NHASSEiJ PLANNING DEP'T
Q.;) ~49=~~~ ELEVA:rI~N . ,
I..r"'\.....-
_""...!;oBlr'l!',...."'"
~{c ;_;MA"'l'f__ - -
:::=
I ITJiII!!IIIA",",IONOitITlJIU.
I .I.UMNt1~~~~(:.-:;
~ t.:::u ~ UlU
Q..U,lt~"""",I.OII'I'
~1'fD""-"'"
$'I:1I"Ot'!".utII'tT
~".....
----------OD;;FI"'"E~
-tifM~~
J...IUl"lt..1~
~_..
1"I'II.ftOal ,....a.5T.....
CMN~TT1'!_UTll
OI"~""'.-c;
1$'0I"(]1'~
aM-'"
=O,,:~"'-l.f~
~~~:.~-
c;.u.yA6-TTt"E_UTIl
OI"~ ~f'-::
!I!lJ'~T!Pl)O'1!ll:lMT
,
II
~E>lQ.OIui'EI.n~
I'IollVtlAl..f"_'TO
I'IolT(;><IlI.IIL.P_
$"'-OOIIIl~
El..1lloll....
__W"I"lIIE-c.wT....
'Q ~~~~.ELEVAT~~. " ,
iQ ~~~ELEVATI~~. " "
POPE ASSOCIATES INC.
1255 ENERGY PARK DRIVE
ST. PAUL, MN 55108-5118
PH. (651l642.nOO
FAX (651) 642-1101
MARKET STREET
STATION
RETAIL
BUILDING SHELL
FOR
JIMMY JOHNS TENANT
CHANHASSEN, MN
~KRAUS.ANDERSONI
W ~::'!~~~:.~.~.:.~.:.'.~~:~~.
NOT FOR
CONSTRUCTION
I SITE PLAN I
REVIEW
ELEVATIONS
\slutl OI'dR~liliMl:
siTe ~_REVIEW __~
1..,.t,l,t"'IIo,.~.....,I,<OI..,.
:;::~.,
..'"
MI. liI.......
W.illiMiI
~13ll1 b,
0i!ti~6b, __
4'300-<l713'
-SP
_..so
SHEET
A2,O
GENERAL. NOTES
~ :.:.~-=':'.:. ~::"~=:-~:-~~ -- -.,.-,. P....
~~':".. ..-;:~:~= t=~"",~:': ,'*(::;;:.11191=" ~:..~:;"~a3-,
1 r"" ......"'_of..... _"_....(I#LoIl..'....I,..-['ISlllmfl..lI~h....
..........._~lIfl<llll~.~.L
.. r_~-.q.._..I__......-f_..._,_..___
~-7:~,r=.'~":. ~-::'. .i:."V_-:""::;.~_-=;' =":-ueoo.:-=~
I u..."..______.._____....._.."'"tOOO.,_
:'':=::.7.; ;:-"':';:"'':'" -: "::''':.::''':= -:"'-'-7-::.."".::.:-'
'fi:-:::..:;z-~ t-=~~(,:' ":'~'"::: ~:- ~-..:.-
. h_ 01/ ......... ..-. __..._ ..... c...- ~, __ l_",_,_~
~::":!:.~.: :~~: ::"i,~~":: :.~.!..: =:~:.::::.. ~~~~
..........""....._....'"'l"I"'q.#......................""__r"""".._
f.. .."',_ .._....oO ... ,~... 1>__ 1...... _ ,......, g...--.t.
n. r.""_................................. 3"(.._.n....._.....)
'1 .,."""." _"'... ",." 0:.._...... SIO. _,_ ;lOIll-1. _oo _.. ~....
....3~3_,..tIc__.....3lI1'..
::. =~;:Ic~;'~~:::.:.:..: :::.....: .::.:-:;'...~..:..::::~.l II ~I"""
'.. .,......~ _joe", _ .....1. ............ A~_ ...~_ "'_... _... ~_
=i..5"- s._. ~ __. ....... 11. 1000. _..... _, '.J. lClCll. ..Il~.......
~~:.:::-'l 'k*t:.~~-:",: "::n'1;-......... ...........t ..... ......... lI. laos.-"
~=2 -:~~::E:?, ~::~~...i:""Jr2, :o..=--o=.... ~2~
BEN~t,lARI(
roo _ ...._... _ _,.... 01''''_ ..__
L__.n.a_{~.cr.V'O'..l.1
DESCRIPTION
'.01 '. "_ I, """'.. .....ot St_ ........ I......... ..........~...... .... oI...n"
I.. OHIo.. ef ,''' C.....'1 N.__, e- c..~." _......
_ ...01/...." __,._.. _.......... -..... ""....,..........-.........
:..~;;.:.:...';" ~......:...";.';':...;:...:::~':., ":"_~:'" '_1....._ Ill", __I'
ee--........_ ___,._ ef.... t, __I, _ S_ S......,_.
_ 00__ oa_... .ll.._i_ __ ..... ...._.........,_of
_ ......".._..1<1.1. "'"" _. Sou.." to\I,- !.]......... Dt _..._.
;~.:.""::: ':.:. '=","H;:;;:::= ~ =: ~"7;';.=;~"
..............oo._.o:t......'..20__E.........,.oI/l.J'tfwt; __..
__loI......t... "" _to........_0I/3,.2 _ ..__OO....._oJ
::= r'...~..=-': !~.:. ''''.:::1..:\ "'::.=.: ~"'= .:. ':e":: :.
"""...--......-.....
1_""-1'1
-.
__oM_....'-_..P_I_Io~___.
~..\ .,.... __ ~..... --. w: ....._..._....... _......."'..
:lC(I5,'oc"'...Soc>_.t.20o.\..O.............'UOP_~..,...........\.,
:"..~rir'~~~~::.~~:.t~-:.~.......w;,*'..
CERTIFICATION
~~,."=~~:'''';'u.e. .___.._,_."....._
I\oto II ........,"'... _..... '" ..ol_ __"'" _110""__
...."" ~ .__.. .... N ...__ ......... _ ~.._.. ... "UA/At3Il
I.-"n".s.......... JO"'\I......_..._.......,..... ".I..:tOO!I,._
~; I=i?k~l;Z~~..7Er~~*Z~::?7:f.~=~
,...".,..........., of........... _ _ __... _ 10 .\00.._.........
0... .. 0._ s;".......'" J1..1_~_lU.Jt___
0,,--, . ~
m SchoelJ Madson
:m!PW\rIongEnQlN'rr'\lS\J'VI~
Ir.ollIU.__
~=-~~:-:"1I11
*1""'_"""._"
f'_._l4.l>>
'1U~Hllll1 , IUlf.t,f)S\
R G
a~.oc:y~a
R G
A
cr\1ES
&.
VlESiERl'l
R/>.II.RO/>.O
CITY OF CHANHASSE~,'
RECEIVED
JAN 2 5 ZOOR
CHANHASSErJ PLArJNING DEP"
ALTAI ACSM LAND
TITLE SURVEY
N
,+,
s
~ t ~ "fJ ':0
IKALlDlnn)
LEGEND
O...........M...."'
\ c....... ~..'..."..... ~_...
_....s,.....c..........
_...........~...
0.............,._.._...
g.......ht~....__
-..,-....-
g..._.....u-_
':~ ::::~:: ~:.-.....
_.... (1..~~ '''''-
1loo...._..[...5..,...
0-.... S.r
--........-,.-
g..._"..... P......., S"",
g.......S..,''''',5_
0......,.....5..""
~
~-'~_.....-
o o......,_,_c......t
c::::J 0....... ........... s.......
= -~._-
~
---
SPECIAl. NOTES
::..,:......,: :.:=,':.~":.~":" ::."": :-... -:-::..:=:~:.: :: :-":r7:' ~ ~~
~"~'::"':'-::::': ::.-....- -- - - -,-.....5J. _10.._._..____..__......._....._,....
- --.,,... -...." -..... -...,--....... ...-.-.....-
__efN_V. _ .....-.-_.._.. _",_,,,_-..
...--.
w:tillIlli
=
"'"
REVlSI~~~<m>no..
;:~'':':wl~f. ~g'::r d1--=::: :,d
b~ /YJ t ) Cv. ~120-'2L
JOB BOOK NUlJBER: (147-44)
FIELD BOOK: 638 PAGE: 57
~
In....b'c..tIf,I~GI \~It_y.o.
/>'lIpor.. ~~"... my lup..vi.ion on" tho.
. .... .. l~U~"d LO~' s..r.....)'O'" und.. I'"~
I... 01 !~D: :~~
O"MEL G. NlC~OLS
001.,.....'10.1" Lk:Ion..~_l~J~
Markat Straat Station, LLC
4210 W. Old Shakopaa Rd.
Bloomington, MN 55437
Chanhaslen. Minnesota
5t.4.1. PROJECT NO. 64457-001
nUl z I "i~ \ 111 w.Joz u!
0 llr~ I- ..J g~
II:! I ~l w ..J " ! ,I o01E<{
... W W ~ l!i ~o:tu~
~J .h!it1i!i 0:: J: ~ <l'!z~o 0
til~ht,l; I- en ."
~r;~~s II-I ,... 158@z
~~ ~I""~il\ en C> ;;ljl,,-!
V1u..;XLi.. I-Z -"
.o(a:::JQ.. ~" ..J~ '!lJUl ~ dZO~
~~~ ~~ r::E; l wo u
:,::- ~;J zO -Il-
"- .0- ~~ 0::1- :!Pi ~~ oro~o
t;tn S ~~ <{<{ ex: ihli ! <{Odz - - 0-
~ ::dii W::l 0 fjffi~<{ ~.~U
[Q~ O::al u. ~J~ x
I:, ~!i
; i!J
1it 'Il
", I ~'. l
I'! II'
,~ ~ '.~"
l~l ; h;1 ~
i!, I ai!~ ~
~:g,,: ~ ~~~!l '1'''
;I~i:o! ~ i :i il
, 1 iI" I .
.;; i ill'!
1~3 f Ii!; !l ·
11!; lil:;l IIi!
Ii '!'ll1 I'
"I',j 1,11 i ~ i
Ji '::li1!1!
li~ ~illi' i. 1
'Ii .ll'I!' ~
;;1 I: ,II ;! I
'I:i~ I!r!lj; I' I
.I!~ ilh:~; 1~ 1
.: l5_r
!; ~ llg!
I; I 'fl
.~. "11'1
i, "!!I"
1. i 1,,1
l! i~m
"3 '! U'!
~i BIlG!'
II i Ii i
I, ! ,',!l
" I "~
~! . 1~!1
!" r 11rl
II I,~'
, .'11;
!!i 1'llH
ill I I,i
i i J~:
;o! l ~'i!
~!l11 ~j,!
~!" i 11~,
~di 1 :i!!
~~ ..
I I I ~ 1 "
i ,I II!. .!!~ P!
I 5, 11 I "Ii -,I
, 0' 'l .,,!,.
~ . II ;;i l; Ui: ill
~ . A ~ 'i; !l ,.d ,,'
1 d I. .1' i. jltl iii
i I ~ i; I!": !ill :~ .!i~ ~i!
'"I .., · ." ii'
, ~ ~H ~ ": i' ii,l l'l
i I i H l~ rh ,I l'!, -\'
I I.! ~ I,! a'li !II :!1' !!!
~ "I I ~!.!I i'I"
,- I-,a 'II! ~ ,I. III
i'~ .. I 'E' II ','I "
.11 i I i ~ fli:;i! II '!ii ;U
~!~, Ili~l'(1Ig,. Iii. h~
'II : ~ I I 'ii 11" 'i 'IU .jl
i I; i"l! II; liii!f !lll i;1
(I h H Hil'; ,'I, ~l:
: U! ; II ~i.I;;! I! Iii;, ~l!!
"!~ i ! I w ~~I'!;5!i hdi 011
lill'! I h~h!, ,ii III!! m
~ 'i ' - . 0
, ~~, II Ii l' I Ii I" " !; I Ii, ! I
'111'1' 1"1. '.11 ~.! !! I ~ !l ; fi 1.:,
- ,I,: I 1511, Il~ El ;', i '! I "~ hi !
!Ill!: i I; i I, I i l; ,I ~ : : ~I , i!1 I; i
! r.,. " I' I. I' Ii '.1 t-' ..., =sl ,
,h~; I I !~ ~ II ," ~I f I ~ I .! i Iii 5 i I
".il K . i!' :1' II'.' i Iii ~ 51 ' i Ill. ,
~Iq!i:, i l!! I~: 'II III ji '!i ~ !;!Ij! ,Ii i!! 1
!l,;r i! ~ .! I lig I,! '~! II , i ll;i Ill;! Ill'!
" dtl 1.1 'o,! ~ I I "1 , ,. ;,,-1 ,--
Ii.lh~l !. 'I! '0 ',; i'i I'F 'l'i' III '
,!II.It. 'Ii I J,l II' ,I li~ i. ,; ~",. 1=''1
I'hln! ., ~ I" III ,~~ ;!; I :i~; I, "Ii ,B!;
!'!2.1 -, I I' 'I 'ii I loti t, II ,,- ·
~!!'I~ I' i ;;! ~ ~ 'Ii ~Il :~I' ;:"j I;~I. !~ ~lj; !'l' II:
i ... b;to ~ IS I !;e!i! f'. 8 g; ll"'t 'i! :of' I
,lla;!! Ii ~ .i~ !i~ II; :,: n ~ i!il ~! I!i: llli j
I!!!!";! .:. lb Iii .'~ II"'. . ."i' '< Ii'. ~. II!
. !;!III~ I :~! !i~ Iii Ii' i.~:::1 ~;!!! I~ i!~: ~~ Ii ,
~hj,~ I~ i . ii! Iii. iill' Iii: II! d IP1ilhi !Ili I~ ~n
~""I l~! e,!o lis I!' ;, Hill! ii.:,!l pi! -X!I!
u1!;!! le~! ~g 111" ili 1;,:11 J U lilli 11 !I'~ ji I' !
~jl!r I!.! IS l, ,!II II!. , . U 0 ., . ,1. "iI
~~ -....
l~: !~~~~ ":. ~:; ::~~
n J f II d d Hi rid i
I .' , !
~I. ,I 1 ~ ji I! 3 i
't, l,j,J I III ! !!
MIllllHh m.il!. ; I I;
lmhl,nhll".., ~: ;!
~t. H~i il
z = $ =f> :.. ;1. i!..Ii.!
, i. ~ ..
o
In ~_L_~ !~.
~ 1 i
. }. I I ! 1.:' r ..: ----;-"
~i Ii id !-f-
'.: \ I ~~.i.'/ ,
11.9\ I ;.q~
'~~I ~U.o~ j
)! 1~~~-r;,B-~
J~'"i!~~)f'~
~:.:.'S~.i~ : Ii i j'
8' V'I.-i~i;
?1-:~l i
! )t--"- -*j i ,
~/-~!\,
oj,I ,,1:--....
...:.> L0~ to I
0> s. m
x _ -r-.\iu :1.
Vi
~ ';.
,~...t....
~<II ,.:
oj "" ..... <II <II e ::
~) C~CJ ~ ~~ i~f:\ ,,"~ .<:
~ ",0 cr LLi r?5fl ',,-to
~~;~~~"; ~~~f~
~~ ~ ~/~~- c,~~ ';/3" J1
~~ ~ ': ~ ~; :~~t':/
\;t:to / t!.) (~
~"'o~~:'"/., '.',-.
~\
co -.~)
'\f) ()-..;j
~ ;,,~,
1:) ''''-).
~ EJ~~*~"-,
,--n.-u-;1't
'01 ~~
~6' "
(~!':--- ..
~ i'l '! ,'r
, ~ ~ .1 w; 1'1 'I , i:,' ., !i~
~i .;, P,! '2' !I ; j,,! S. 'i
!: 'I' ! ~ l I' I'! I ! ~;i! 1! i I:.
~I III I~ ~l. I ;!I' · i!~ "! I;j
i! I ds I ~ n n i . !i'l d I Iii! n ig ill
!l ; ,li:i ~ :' i I ~ g ~~i Ii : I.~: ;!~!! Iii
. 111~ l a bl ~ ~ _ '"' ~ b ".', ',,' ., ,,-
II "I.' ' ; > 1 1 · ~'f' i, ';-1 g _I' ., ti r~
7. - i poi q IS; 'If g : !Ii! 'I 1 ~;I ~: -i II; '!I
i .. I: ll~!! j Ii d I~ I, i I;~f i~ i ill,s" l': :!Y
't'. .,. "~ 1'1 ~. ~i. . ,I '.! ,11,,1 , !.'o~ . g . II ;! I ,
~/// II ~ ill. i :Illli ~ P !; I' !~H !!h P : Ii in li~
"'.~ -'p H II i.l 'I" ~ i!' !'I. !I'I' fi U I' ~ ill
/0' Ii . !!! ~ ;i! i I ii I li;1 ;! ~ Ii! ;I,~, i;!! i i Ilg ,; i iil!
_;..~..,'.. '~,'_':..!,.~,,'~,"',.' ~ I'il g hi BII~ II II ~l ~ i H "I'lh,l! ,i ",~iI1 1 11;! ill Iii
" ,: :,. . V ~~, :: .'. :. ~ s ~ ~ ~ JJ J1 ~~' ~ ~ ~ ~.I lEi ~ ~l'
~~ CL~__
.,~~ ~/' -
0< ~i'"
\ ~~ ~; ~
\. n ~ '='1'-
. E1 _" ~- __.cJ..J>~-~.Zl E1l~1.
" N' ~ cc N r---- ,.......... '
~ L~ UtOWI'--'
~ m . lO <.0 !...JJ
~;,\ -)( -_.~ ~ ~~ ,\ -.:0'
~~~::\(;:~
> ~ ;-i{-01:~~
c l
!
~
r,
00
'"
"
l"-
N
N
'"
0>
X
'....,.~
EI
1-'
L i:L
Uj co U'
UJ = C
UJ = (9
<:(0 "-l Z
IW Z
Z> l.t;;l
<:(- <C;~
IW e'--'1I Q
uU
lLW :z: W
Oa- U)
<r (f)
<1'
I- J ::r:
2
<(
I
( ,
-'
- . .
i, . ,
~I ! ~ ~
, .
Ii ~ , ,
I I
~> . , ,
,
I" :I::il:C:C:S1
P ~~ ~~ !
. , , ,
~~ ' i i i
I! , ,
~ ~ "
Ut ,
. . -
II. .
, .
, , . ,
i
~
>!
~
III
~
~
I ;
II ,I
!i I.
I , !';j
II illl
1 1,'1111
· ! , l.
I , 11 ~i!
i !i" III
. ! Is 'I l!
iid~! I, i, II;
z ": ill'l
.! l! j: i!g
. il a ,""
, l ',h
~ ~1 I: ~i ill
3; :1 :~ .Ii
~
.. :... .. +-.....1. -$.\-
~i!:.: ~~1
:to, I
,}'
I ~
'\ ~>~
, oJ
oJ
~.
~"
S
"
..-,~
~.
'--r
'(;)
Tl_x_.,_,~~
OVoCf. ,',,' so..- rrfl....."
Ov':.C_(.o.'ICllrTQ""""<<~
I' .-.~~
@ ~~'kEfEANOUT
C2.
@ ldf'I~MRF.A DRAIN
~i,( OF CHNJHASSFN
QECEIVEO
JAN 2 5 2008
;HM~HI\SSr:N PI_ANNING Dr::P'
~~~ ~,
. __ _____ :;:::::::::;::.:. _~---~y 092'1>'
....-.
h' U:~~"-;;1;'
PI.A" \;1EW"C;: OIGONAl FtAt.lP ~!!-~
OOuE SP....CINC
I !I'_A" I ,,' 0'_1 //,<,,\.
~~-r:
1- '?t SEC~ION A-A.
~ i
i I
I !
I......
' O'
. ,
o.
...................-- .
........--...."..-.....
t:-...."....,-.........~l
rr~. ~o-~:I~'-~~~
("-(VA nON OF' RAMP
"",llIIWll s.n "'-illI..._.... U9<flI"l"l
.oooc"..... ""...,......... ''''' ".c.U>u_..-..............._._
_oo:ot,........."""'..G....U.ICOJl1><IIO..OI:I<_OOD;>"".,._,.u:-n.
r. "'t"'~l,lfJ.' or,... "'~IOCIl<ll~-"'f_ ""l fWc:til'6Ql ~
~~f r~~~a!::~~.t~,T=
r:;!:~1:e~~~1:oI(~t~~~
!:~~~~=~~=~:;..:;r:.:-i~...l_
~
CITY OF
CBlIIIASSEI
~EDESTRIAN
CURO RAMP
5215
@ 6'TY ~HANHASS'N - PED'STRIAN CURB RAMP
C2. or TO
'~lL~~~~~ ~~.I
U:;. i~.w '~r
~1'[........Mr._.~..'OIIctl1
""'I_'/rlOfOCI'CI"._OP"l'"
.oeAII.Ul!:llr.eot.5...._.c.~.rJ.'
..C/U.,"""""..'I:t
OVl;.'Q"'(Of"Qo,.....
@ ~~~~ SIDf'WAI K
I'.';
,
.~
; -=:
U--..-
L;...-.J
Jlr "UL ~...-[.f '0". lol.Oi'(
OOIO...-.EL.D....SIOI:S
"!l'... SlG/<NXOOOOoiGlo...r..t
sl.'flt'n.J<4*..-rJ:,E(A.'IC_
_JU<O~i.vtilOC<""JvoQ.
,~~. IO(r.tC'''''l1:1I
."".:~ ~ Kll' .... "'C!!__r'
S""' 'c 00>1 ~ ......"""-1
~~...~~.,.,. ~~~"o~';"~ ;..
..tOl:CO'tC.[lIOCC~""\;(
"SI '-'I" !..."",,,.,...!'!....
...cVOt'"""".............
." ""<C I'TlJOS-+:lD.,
O\.IoIiftll f'Oi.rs r "" C[><TrD
@ HAN~'~ SICN PlACEMENT
C2. hOT T
....
Sltt....,..IM<l)()"
JIl<<""'.t....."""ce200Q,
",odW-oollic-.j.o_
"'''''''..."....1,35..01.''''-1.....10
!IHI I-PO!ts ol!/'l :llSCl~) ItIl~
"''''9lt> ,lenl" ,.,_. '*
1.rOlt (Ill"""" Ik04)
..-.........
---
~-~~rj~.
"..
l~~lltl."" 1lt>."""'clt)Pf1 ";\t,t""b.:IQ....I,,..dO.;i't' Jt!~.
'lFolIDMI/*:Cp'ol,dcf..IJo_dS
Zip Ties
-"".._"...~
r
,-:,.,:'~".:'..::<".-:,: .._-~
..:'~' _ >.t...,....
_:....::'::;."7.::._:
rF~~~~N _ r.~::n~
.
CI TY OF
CIIAIIIASSEI
S'LT
FE~CE
5300
~ li,..rTY I{.JHANHASSEN - SILT rENCE
C2. ro
SEDI~EI\T TRAP AS MA~UFACUR:::D BY
WIf.'CO,LLC.sI'^KOP[[, 'v1N.,
E55 BROS.,LERETO, t,AN. OR SltllLAR
::
MQJE:..NCG23
iJ
NOTE'
~'":'....:.~......."'" ....' _" ............ 0""" "p"'.,' "'''' .. ""'l~." ."~
~ ou...I__........ _~.o<.. 0',... _.. ..'~ .._
.
CI TY OF
CIIAIIlASSEI
c...rCH 6ASIN
~frllfJF~T TRA.P
1-04
5J02A
@ fJTr;a ~HANHASSFN - INI fT sml~fNT PROTfCTION
POPE ASSOCIATES INC.
Il1S ENERGY PARK DRIVE
ST. PAUL, MN 55101,5111
PH.16~116.U"200
fAX W>>ll 6UIIOI
~KRA.US.ANDERSON
Wlt.arlfltll<:l~do""'~fV
--- -.-....-.
BKBM ~ S7o;:.~-;:'
ENGIN~~ L~~;
MARKET STREET
STATION
RETAIL
BUILDING SHELL'
FOR
JIMMY JOHNS TENANT
CHANHASSEN, MN
1___....___
.......-,._.....-.._...~
__004......1_..""
::::-::.:::;p.=.-~
"- ,'2i~jl.!>>bL_
!;.!\ :.j ~~, \ i~' 1
CIVIL DETAILS
U a 'lo 08170.00
h~ 11 -- DGC
]"f!~lr TJC
SHEET
C2.0
~,w
~ ~CVTTO~
=~ f'RGM~ TO
ACCEMI~E
51DflUAlK
~
PLANT SCHEDULE
I 'EV I CTV I ""","",BQlAN~""'" I '''Ii IBQQT ."""'" I
OVERSTORYIORNAMENTAL TREES
~--=--===--
/I~ --..
-----
At.ITVMN BRl.llANCE SERVJCESERRY
.... . AUELANCHIEA X ORANDIFLORA "ALmAOI . '" IOU""'"
8RUlANCE
SKY\,JNe HONEVlOCUST r
HL . GlEOISTlA'mICANTHOS SO
I"-ERMIS'SKYeOLE'"
TECHNY otOBE AR9QRVrT'EA
lOA " THUJA OCCIOENTALIS ". SO
"TECHNYGlOflE"
SPFEA, SNOWt.lOlJt.()
SN' , SPIREA NlPPONICA .. ceNT
.'NQWMQUNO'
GRO-lo.Y SUIMC
0'" " RHUS "'ROMACTICA .. CONT
"GRQ-lOW'
~
. u -..---.------.-- - -~
" , I<ARl FOERSTER GRASS " ceNT
CA!..J,IMGROSTIS KARL
FOERSTER
STELLA OEORO OAVLl.V
so " HEMHIOCALIS'STElLA " ceNT
DEORe"
so .. BLAO< EYI: SUSAN " CO"'
RiJ08ECKlA GOlOSTR\..l,t
-::::=.-:.::::..-;::ct
..-- --.- .--..\\
---
----- . t"''''""---
LANDSCAFE NOTE&,
I. ALL FtANnNG BEDS TO BE EDGED HITH BLAGK DIAMOND ffi EGlJAL BLAGK VINYL EDGING AND
H.LGHED HITH H./LGH INDIGA TED ON THE PLAN.
2. LANDSGAPE CONTRACTOR SHALL BE RESP06IBLE FOR GONTAGTING 6ClA-IfR STATE ONE. GAlL
FOR ~DfRGRa1ND UTILITY LOCATIONS PRIOR TO DIC76INo.S
3. PLANT TPI'E5 .. SI-RlJBS AFTER FINAL GR.ADf5 ARE ESTABLISHED AND PRIOR TO PLANTII'(j Of
L.Aa6, MESS OT~RWISE AGGEPTAEtE TO 6Etf:RAL WN1RA(. TOR OR OHNER IF PLANTING OF
WEES .. ~S OGC.lRS AFTER ~ J.-ORK. PROTEGT l..AY-H AREAS AN:) F'ROt-'Fn. 'l' REPAIR
AT ~ COST TO T~ OYK:R, DAMAGE TO LAYffi Rf::Lt TI1'(5 FROM PLANTI~ OPERATIONS
4. IF SPECIFIED MATERIAL IS tvT OBTAINABLE, t-kJTIFY 6ENfRAL (..ONTRAGTOR OR CW'iER. ALON6
wi A DESCRIPTION Of EQJIVALENT MATERIAL.
5. IF THERE IS A DISGREPANG'l' BETHEEN HE tu-18ER OF PlANTS SHOWN ON THE PlAN AND Tf-€
NlffiER 5H::?WN ON THE PlANT LIST, THE ttJHBER 500~ ON THE PLAN SHAlL 6O\IERN.
b. LANDSCAPE CONTRAGTOR SHALlIolARRANT'l' TREES 4 5HRl.8S FOR A PERIOD OF CJM: "!'CAR
AFTER DATE OF FINAL AGGEPT ANGE AGAINST DEFECTS ING.LlJDING DEATH, POOR CROYITH, AND
PLlJ-1B ORIENTATION.
1. FROYIDE SOIL ~NTS AT ALL TREE I SHRllB PLANTI~ t-nb GDNSISfl~ Cf EaJAL MIX
OF ORGANIC HA TERIAL, BLAGK DIRT, AND SAND
b. ALL MATERIAL SHALL BE RATED FOR APPROPRIATE TEHPrRATlJRE ZONE AND SHALL GOt-1PL'l'
HITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR tvRSER'l' STOCK, AHtRICAN
ASs.x:.IATION OF N..RSER'l'MAN.
q, ALL LAHN AREAS TO HAVE IRRIGATION AND ~ TO FROPERTY L1M:S AND/OR TO BAGK OF
GURBS ALONS RI6HT OF KA YS.
10. SOD SHALL BE GUL flRED KENTIJGKY Ell!:&RASS, FREE OF ~EDS I ("LUMPS. LA~APE:
WNTRAGTOR HlLL HATER AT TIME OF INSTALLAflON AND ROLL ALL SOD AS ~EDED TO ASSlR.E
A SH()OTH ruRF SJRFAGE. ALL SL0f'5 GREATER THAN 3,1 SHALL BE STAKED ANY SLIDING OF
SOD SHAlL BE REPlACED BY TIi: LA~APE WNTR,A(,TOR
II. ALL SOD IS TO BE IRRIGATED.
12. ALL TREES PlANTED SHALL RECEIVE 3' SHREDDED HOOD f'1JL(..H SAVGERS HI~H A MINIHJM
DEPTH OF 4' AS SHOrt{ IN DETAilS.
13. ALL TREES SHALL BE STAKED IF DEEMED NEGESSAR'l' AND rRAPF'ED AT Tli: END OF Tf-t:
ffiOHING SEASON.
14. LA~APE BID TO INGLUDE A GOHPlETE lAWN IRRIGATION SYSTEM AS REQ()IRfD
15. 4 MAPlES AND 4 GRABAPPLES TO BE ADDED TO PlAN (4x4 CALIPER INCHES. 4x2 C.I. =24 (,.1)
IN REPLAGEI"'fNT Of 21 CALIPER INGI-ES LOST FROM 3 WLORADO SPROCE TO BE REMOVED
LOGATlON OF REPlACEMENT TREES TO BE DETCRMIfi'D B1' 1M' CIlT'.
&
Indicates 1-1/2" Dresser Trap Rock Mulch
(3" depth over 4 mil. poly weed barrier)
Lih
Indicates Shredded Hardwood Mulch
(4" depth wIth herbicide)
~iT'( OF CHANHASSEI\
ClECEIVED
JAN 2 5 2008
CHANHASSEN PLANNING DEP'
-iI:---
.0 ~~~2~APE p~J~ "
$
NORTII
POPE ASSOOATES INt.
1255 ENERCiY PARK DRIVE
ST. PAUL,MN 55108-5118
PH. (651) 642-'200
FAX (651) 642.1101
MARKET STREET
STATION
--l
RETAIL
I BUILDING SHELL.
L______~_~__________'
FOR
JIMMY JOHNS TENANT
CHANHASSEN. MN
C'
I ~KR^US.^NIJERSON
r~~:~~I='_._._J
LAN-DE-CON,INC
lUIIUPI UU.UIII.
'1....---::Ulai.lIiill--
1lt~114...-ftLlII1U1.'
I SITE PLAN I
REVIEW
IslUts udR!yisiOlls'
C(J!Iissioollo. 41300~7'31
~~k___ __ _ _
~--~
SHUT
L1
. . "
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made as of this 7th- day of A p r i l
2004, by and between MARKET SlREETSTATION;LLC,aMinnesotalirnited liability cothpany
("MSS") and CHANHASSEN PROPERTIES, LLC, a Minnesota limited liability company ("CP").
RECITALS
A. MSS is the owner of a certain parcel of land legally described on Exhibit A which is
attached hereto and made a part hereof (the "MSS Parcel"); and
B. MSS intends to redevelop the MSS Parcel by demolishing the existing structures and
constructing a Retail/Office building and two (2) free standing restaurant buildings thereon with related
parking, driveway and landscaping ,improvements (the "MSS Project"); and
C; CP is the owner of a certain parcel ofland legally described on Exhibit B which is
attached hereto and made a part hereof (the "CP Parcer'); and !F.:.(Q) JV ~r . .
D. CP intends to renovate, and may expand, the movie theat~uilding currently located on
the CP Parcel (the "CP Project"); and
E. The MSS Parcel and the CP Parcel (individually, a "}>arcel", or collectively, the
"Parcels") are contiguous "and adjacent as shown on the Site Plan attached hereto as Exhibit C and made
a part hereof (the "Sit~ Plan").
F. MSS and CP each recognize that for the most favorable development, use, operation and
maintenance of the MSS Parcel and the CP Parcel;it is necessary that certain easements be created as "
provided herein. Such easements shall run with the land and shall benefit and burden the MSS Parcel
and/or the CP Parcel, as applicable, and the owners thereof from time to time. The terms MSS and CP
shaH be deemed to refer to such parties and to the respective heirs, successors, grantees and assigns of
such parties (individuaHy, an "Owner", or collectively, the "Owners").
NOW, TIffiREFORE, in consideration of the mutual covenants and agreements hereinafter set
forth, MSS arid CP hereby grant, covenant and agree as follows:
ARTICLE I
NGS-;t?1-~!b~ -MP-.LS (ML)
GRANT OF EASEMENTS
Section "1.0 I Access EaSement. MSS hereby grants and conveys to CP a non-exclusive
easement appurtenant to the CP Parcel for the benefit ofCP, its members, managers, governors, agents,
contractors, tenants, employees, mortgagees, customers, invitees, successors and assigns, for ingress and
egress by vehicles and pedestrians over and upon that portion of the MSS Parcel described on Exhibit D
which is attached hereto and made a part hereof (the "Roadway Access Easement Area"). The
-1-
Roadway Access Easement Area and any improvements located thereon shall be maintained by MSS in
a first-class condition at its sole cost, including all surfacing, cleaning, snow removal and other
maintenance. MSS reserves the right to relocate the Roadway Access Easement Area to another
location on the MSS Parcel (the "Relocated Roadway Access Easement Area') if necessary to allow
..10SS.10 add..additional improvements-to,.OF alter or- reconfigure. theimprovements.on;tlre-wISS-P-arcel;-.-m
provided that, (a) the Relocated Roadway Access Easement Area shall be relocated, surveyed and
constructed at the sole cost and expense ofMSS, (b) the Re.located Roadway Access Easement Area
shall be relocated and constructed according to applicable requirements of governmental entities having
jurisdiction over the MSS Parcel, (c) the Relocated Roadway Access Easement Area,. (i) shall provide
direct, uninterrupted access to the CP Parcel or an existing easement of record benefiting the CP Parcel
that provides access to the CP Parcel over land that does not include the MSS Parcel and (ii) shall be
located in an area that is reasonably acceptable to CP, and (d) MSS, at its sole cost and expense, (i) shall
execute, together with CP and any other parties whose consent may be required or is reasonably
necessary, a recordable amendment to this Agreement substituting the Relocated Roadway Access
Easement Area for the Roadway Access Easement Area; and (ii) shall obtain and pay for a policy of title
insurance insuring the easement rights in favor of the CP Parcel over the Relocated Roadway Access
Easement Area according to terms reasonably acceptable to CPo
Section 1.02 Parking and Access Easement. MSS hereby grants and conveys to CP a non-
exclusive easement appurtenant to the CP Parcel for the benefit of CP, its members, managers,
governors, agents; contractors, tenants, employees, mortgagees, customers, invitees, successors and
assigns, for ingress and egress by vehicles and pedestrians and for the parking of vehicles over and upon
that portion of the MSS Parcel described on Exhibit E which is attached hereto and made a part hereof
(the "Parking and Access Easement Area"). MSS shall continuously maintain within the Parking and
Access Easement Area, and in no event shall the Parking and Access EasementArea contain less than,
twenty-five (25) striped parking spaces. In addition, MSS agrees that (i) it shall not grant exclusive
. parking rights to any third party over any part of the Parking and Access Easement Area and/or the
parking lot lying within Outlot B, Easy Rider Addition, (ii) jt shall not post any signs within the MSS
Parcel that prohibit, or may have the effect of prohibiting, parking by customers ofa business located on
the CP Parcel, and (iii) it shall not post any signs within Outlot B, Easy Rider Addition, that limits the
parking within such area for the benefit ofMSS or any other third party, including but not limited to,
any tenant on the MSS Parcel, their customers, employees and/or invitees.
Section 1.03 Temporary Construction Easement. In order to facilitate construction of the
MSS Project and the CP Project, each Owner hereby grants to the other Owner, its respective
contractors, materialmen and laborers, te~porary easements for incidental encroachments upon the
granting party's Parcel which may occur as a result of construction by the other party, so long as such
. encroachments are kept within the reasonable requirements of construction work expeditiously pursued
and so long as customary insurance is maintained protecting the granting panys Parcel from the risks
involved. In addition, each Owner hereby grants to the other Owner, its respective contractors,
materialmen and laborers, a temporary license for access, parking, storage and passage Over and across
those portions of the grantor's Parcel as. shall be reasonably necessary for the construction of all the site
improvements; provided that, such access, storage and passage shall not unreasonably interfere with the
business( es) being conducted on the grantor's Parcel. The foregoing rights of construction-related
storage and passage shall terminate as to a benefited Parcel at such time as the respective construction
work on that Parcel is completed.
-2-
Exhibit D
Roadway Access Easement Area
A '40.00 foot easement the centerline of said easement being described as follows:
Commencing at the northeast corner of Outlot B, Easy Rider Addition, according to the recorded
plat thereo~ Carver County, Minnesota; thence South 0 degrees 08 minutes 32 seconds West, an
assumed bearing, along the easterly line of said Outlot B and its southerly extension, a distance of
120.65 feet, to the point of beginning of the centerline to be described; thence South 7.9 degrees 32
minutes .00 s~conds West, a distance of 1.4.1.34 feet; thence westerly and northwesterly 246.09 feet
along a tangential curve concave to the north, having a central angle of 36 degrees 05 minutes 55
seconds and a radius of390.59 feet; thence westerly and southwesterly 168.15 feet, more or less,
along a reverse curve concave to the south, having a central angle of 41 degrees 53 minutes 20
seconds and a radius of230.00 feet, to the easterly line of Market Boulevard, as dedicated in the
plat of Easy Rider Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin and terminate at the
easterly line of said Easy Rider Addition and the easterly right-of-way line of Market Boulevard.
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
February 7, 2008, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Jimmy John's - Planning Case No. 08-02 to the persons named on attached
Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and
depositing the envelopes addressed to all such owners in the United States mail with postage
fully prepaid thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate
records.
Subscribed and sworn to before me
this ~+~ day of ~b(LVlY'-( ,2008.
~l~-:\'~~
~ - NotaryPul:}. .
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, February 19, 2007 at 7:00 p.m. This hearing may not
start until later in the evenin ,de end in on the order of the a enda.
Location: Cit Hall Council Chambers, 7700 Market Blvd.
JIMMY JOHN'S: Request for Site Plan Review with variances
Proposal: for a 1 ,650 square-foot one-story restaurant building; and a
Conditional Use Permit to allow a free-standing fast-food
restaurant in the Central Business District CBD
A Iicant: Kraus Anderson, LLC
Property 7851 Market Blvd. (Lot 1, Block 1, Market Street Station)
Location: A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps:
1. Staff will give an overview of the proposed project.
at the Meeting: 2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the ro' ect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cLchanhassen.mn.us/serv/plan/08-02.html. If you wish to
talk to someone about this project, please contact Angie
Questions & Auseth by email at aauseth@cLchanhassen.mn.us or by
Comments: phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
rior to the Plannin Commission meetin .
City Review Procedure:
. Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a pUblic hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
. Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the pUblic to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerciallindustrial.
. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
. Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding ~he application will be included in the report to the City Council. If you wish to have
somethin to be included in the re ort, lease contact the Plannin Staff erson named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time: Tuesday, February 19, 2007 at 7:00 p.m. This hearing may not
start until later in the eveninq, dependinq on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
JIMMY JOHN'S: Request for Site Plan Review with variances
Proposal: for a 1,650 square-foot one-story restaurant building; and a
Conditional Use Permit to allow a free-standing fast-food
restaurant in the Central Business District (CBD)
Applicant: Kraus Anderson, LLC
Property 7851 Market Blvd. (Lot 1, Block 1, Market Street Station)
Location: A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens public hearing through the following steps:
at the Meeting: 1 . Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.cLchanhassen.mn.us/serv/plan/08-02.html. If you wish to
talk to someone about this project, please contact Angie
Questions & Auseth by email at aauseth@cLchanhassen.mn.us or by
Comments: phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the PlanninQ Commission meetinQ.
City Review Procedure:
. Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
. Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the publiC to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial/industrial.
. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
. Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
somethina to be included in the reoort, olease contact the Planning Staff person named on the notification.
Om \Aew
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
oftlces and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parlies which arise out of the use~s access or use of
data provided.
Om \Aew
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records. information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952.227.1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees fo defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parlies which arise out of the use~s access or use of
data provided.
BLOOMBERG COMPANIES INC
PO BOX 730
CHANHASSEN, MN 55317-0730
CHANHASSEN RETAIL L TD PRTSHP
810 LILAC DR N SUITE 212
ROBBINSDALE, MN 55422-4673
MARKET SQUARE ASSTS II LLC
470 78TH ST W STE 260
CHANHASSEN, MN 55317-4547
CHANHASSEN LODGING LLC
366 SOUTH 1 OTH AVE PO BOX 727
WAITE PARK, MN 56387-0727
KRAUS-ANDERSON INC
4210 WEST OLD SHAKOPEE RD
BLOOMINGTON, MN 55437-2951
NEARCO IV LLC
7002 6TH ST N
OAKDALE, MN 55128-6146
CHANHASSEN PROPERTIES LLC
570 MARKET ST PO BOX 514
CHANHASSEN, MN 55317-0514
MARKET SQUARE ASSOC L TD
PTRSHP
1715 YANKEE DOODLE RD #200
EAGAN, MN 55121-1698
STATE BANK OF CHANHASSEN
1550 AUDUBON RD
CHASKA, MN 55318-9508
Public Hearing Notification Area (500 feet)
Jimmy John1s
7851 Market Boulevard
Planning Case 2008-02
SUBJECT
PROPERTY
p\cha
So(;. ~
"6lL, --
~ VClrC/ ~
~ ~
~
./,-'~-
/// !----
/' 1__________
/ / ---------
~--------
Lake Drive --------.,_
-------- ~.~
~- "~
(W 78th St)
-------\
\----\
--j\
~
r
-------~
---------
5 ~loO{e\
State \-\w)l ~
r~
1\
'~