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CC Minutes 3-10-08City Council Meeting - March 10, 2008 because we were sensitive to the fact that yes, everyone in that area is now going to go out at some angle and that they would see this tower up in the air. And they did bring forward a number of ways to paint it or to try to at least minimize the visual impact. I understand that it’s still there but we did try to take all that into account. We looked at a number of different items but again by the second time it came through, I really felt that the commission’s hands were tied. We couldn’t do anything about it at that point. Councilman Litsey: The other thing too, if my memory serves me right and I think it was Mayor Furlong who brought this suggestion up was that if the tower wasn’t used for a period of a year or so, that it had to be removed. Not that that helps you immediately but I know there was some talk about that technology maybe being obsolete within 5 years and if that’s the case, and if in fact it’s not used, then at least that was what memorialized in that approval that they’re going to have to take it down so it doesn’t sit there for another 20 years, just for no reason. And I thought that was a great amendment at the time and probably will come into play. Not immediately but hopefully down the road. Mayor Furlong: Okay, thank you. Anyone else for visitor presentations this evening? Okay. Let’s move on with our next items. JIMMY JOHN’S, 7851 MARKET BOULEVARD, APPLICANT, KRAUS-ANDERSON, INC.,LLC: REQUEST FOR SITE PLAN APPROVAL 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) LOCATED ON LOT 1, BLOCK 1, MARKET STREET STATION. Kate Aanenson: Thank you. This item appeared before the Planning Commission on their th February 19 meeting. The Planning Commission unanimously recommended approval. The site itself for the Jimmy John's is part of the Market Street Station project, which was approved th in 2003. Located just south of West 78 Street. The request is for a conditional use for the restaurant. When we approved the original site for Market Street Station we looked at a restaurant pad here and an additional restaurant attached to the Dinner Theater itself. At that time this was originally approved for 2 sites. The project that’s being requested tonight is just for one use itself, and the other factor on that is, that this does require a conditional use. As you recall one of the issues that we talked about with the code updates is that a free standing restaurant in the central business district probably doesn’t need to be a conditional use. At this point that’s how the code reads so we are getting a conditional use that’s one, I just want to circle back to that point. That’s one of the things that we would be changing. A free standing. It’s not a drive through. That we wouldn’t make that a conditional use. The architecture itself would be similar to what’s at Market Street Station and it does meet all the requirements of the district itself regarding the pre-cast stucco and the like. It will have an entrance facing, I’ll just show the elevation. It does meet the requirements for fenestration. We added additional, the applicant added an additional window. The front itself faces, this is the back side of the hotel. This is the existing dumpster. So the back side, the patio side is actually to the interior. There will be a door here but that’s the control point coming in would be this so that’d be exit only so there’s sidewalks. The Planning Commission did discuss access and sidewalks that is shown more 9 City Council Meeting - March 10, 2008 clearly on here. On the site plan itself. Parking was one issue that was raised by some of the property owners in Market Street Station itself. How the parking’s allocated. There is sufficient parking. Everybody likes to park towards the front and Market Street Station they were concerned that the restaurant, how that would impact the, the managers of Market Street Station have addressed that and if you have questions on that, I’ll let them talk about that themselves. But other than that, it does meet all the requirements of the zoning district. The one that’s still unresolved is the trash dumpster. They’re showing it here. Our recommendation was to try to work with the redevelopment of the hotel itself. They’re working through, re-siding their building. If they can combine together, it makes more sense. We certainly want the trash on the back side as you’re kind of behind the hotel itself right there for quiet. But with that we are recommending approval, or the Planning Commission did and the conditions are outlined in the staff report and I’d be happy to answer any questions you had. Mayor Furlong: Thank you. Questions for staff. The materials. If you put up, are they identical to Market Street, or is it going to look like this is the same materials? Same architecture? Same style? Kate Aanenson: Correct. Same style. Mayor Furlong: So it’s a mini twin effectively. Kate Aanenson: That’s correct. Mayor Furlong: Okay. And then if you could put up the picture of the site plan again. Help us understand the flow a little bit there. I know this was something they were talking about. You had the color of the green one. Well maybe we’ll get back to this one in a minute. The green and purple. So the main parking area for this would likely be to the. Kate Aanenson: In this area here. Mayor Furlong: Okay. Kate Aanenson: And the convenience is, there’s a lot of parking for Market Street. The bank that’s on this end. Because if you, and let’s switch back here. And this is something that we recommended and I believe the management company agreed to too. If you look at the parking up in here, there is plenty of parking. It’s just a little bit more coming and walking around, so we talked about putting a break through there and that’d be happening yet this spring or summer, so it’s just an easier walk from the upper to the lower without having to go all the way around, because there is adequate parking. Mayor Furlong: And there is elevation change there, right? Across that island? Kate Aanenson: Correct. Correct. And just the convenience so the people that walk in that, that want to go in here, could be on this end and that was their concern is are they going to be pinched for some of that when there’s the lunch hour rush, so there is adequate on this side so they’re working to have assigned parking and then make that cut to make it an easier access. 10 City Council Meeting - March 10, 2008 Mayor Furlong: But this is all the same, it’s all the same property owner and. Kate Aanenson: Kraus Anderson has the underlying parking access, right. Mayor Furlong: Alright. Okay. Other questions. Councilman McDonald: Excuse me, yes. There were two other issues that came up during that, and I’m not sure if you’re the one to answer that or if it’s the applicant themselves. We talked about the south side parking and the problem with that was again getting through the building because of the way it’s designed. Had anything been resolved on that? I know there were, or is that something better left… Kate Aanenson: Yep, I think they can answer that question. Councilman McDonald: Okay. Then the other issue that was brought up was that intersection because now as you go out, you’re directly across from the entrance into the Cub and I know the question was brought up about have we created a traffic problem there because the restaurant will have more people coming in and out. Kate Aanenson: And that would be, I don’t know if I could have the City Engineer maybe comment. The most difficult move’s going to be the left turn coming out and going south, and when you’ve got to cross the northerly traffic. I believe Alyson addressed that a little bit in her comments but I don’t know if you wanted to comment on that Paul. Paul Oehme: Yeah, I mean from the trips that are being generated here, we don’t feel that it’s going to be a substantial increase from the current traffic flow at that intersection. We are monitoring it. We plan to do additional traffic studies this summer as well to keep on it. To look at it and see if it warrants additional improvements, additional turn lanes, those type of things in the future but from what we were seeing from the data, we have received, we don’t see any justification for modification of that intersection at this time. Councilman McDonald: Okay, thank you. Mayor Furlong: Couple other questions. You had mentioned the trash, and I see it’s, I think it’s condition number 2 asking that they continue to pursue an option of sharing the trash with the hotel. If they don’t, what’s our screening there or what’s the view that we’re going to see from Market Street? Do you have an elevation view of the back? Kate Aanenson: Yeah, one of the things that we. Mayor Furlong: That is the back of the building right? Kate Aanenson: Yeah. We did recommend that they provide that additional landscaping. We do have this, this would be the view perspective here so. They have like a wing wall and the enclosure. We put landscaping around that but coming down. 11 City Council Meeting - March 10, 2008 Mayor Furlong: Would that be looking south at it or is that? Kate Aanenson: Yeah, it’s going to be in front, right. It’ll actually be in front of the back door, which is over here. Mayor Furlong: Okay, can you slide it? Kate Aanenson: Sorry. Mayor Furlong: So that’s what you’re going to see was the main. Kate Aanenson: Right. So the view that, or the goal then would be to provide additional landscaping in front of that. You have to be able to roll this out to get it out there so, we’re pretty confident that this will work together and that makes more sense but it’s rolling it back and forth. Sometimes they get left out and the same sort of thing, it’s a good distance to roll so that’s our first choice. And they’ve made good contact on that. These folks are in the middle of remodeling and they’re in early negotiations so we’re hoping by the time we get to that point in construction, we can make that happen but that was a concern. That visibility from that side looking at it. That we landscape that so we’re not looking right into the doors of the, so it should be architecturally compatible with the wing walls and all that. Mayor Furlong: Okay. And then the other question I have on the conditions is condition number 8, which I’m trying to understand the significance of this…energy dissipation relating to the discharge probably to the outlets? Is that something that’s pertinent here? Kate Aanenson: I’ll let the City Engineer see if he wants to comment on that. Oh, this is going down to the pond? That’s actually. Mayor Furlong: But the pond is where? The pond is, is the pond back across from the Haskell piece? Kate Aanenson: Yeah, or the one. Then it eventually goes over to the one behind Cub is where it goes, correct. I think the bottom line is the reinforced erosion control may be required. Mayor Furlong: But on this particular site or? Kate Aanenson: No, when it gets to the, yeah, they’re still responsible for adding additional hard cover so, and so they’re still responsible for the, at the end of the pipe. What comes out there. They’re adding additional hard cover. Mayor Furlong: Okay. So this is an appropriate condition? Paul Oehme: I believe it is. I mean I think it’s an existing condition too and this is just manifesting the issue. 12 City Council Meeting - March 10, 2008 Mayor Furlong: To the entire? Paul Oehme: To the entire development, right. Mayor Furlong: Development. So we’re maintaining that for, because it’s the entire development. Alright. Thank you. And then with regard to condition number 18, which was added in by the Planning Commission trying to address that parking issue. There was discussion about trying to create a walkway from the south side through the building to the atrium. Are we pretty much just focusing on that island up by the northern part of the parking? Kate Aanenson: Well there’s two issues, yeah. And Councilman McDonald brought up the other one and that was the access to the building. The main access is at this point, which is why a lot of people like to park on this area because there is some other cut through opportunities and people are less comfortable with it. So the recommendation to the Kraus Anderson management was to sign that better. Make it more comfortable for people to access other parts of the building to get to that upper level, and that seemed to be some of the people that had office buildings that want to have that comfort level of going to that second floor without having to come through the back side. So that’s the issue that they’ve addressed through, working through a parking management plan. Mayor Furlong: Okay. But as far as working with the staff, that’s more the issue of the exterior parking lot on the outside. Alright, thank you. Any other questions? Councilwoman Ernst: Yeah, I just want to be clear on Councilman McDonald’s question. When we’re talking about the proposed sidewalk connection, pedestrian, is that, are we talking about the same issue there or is that something different? Kate Aanenson: There’s two issues. Councilwoman Ernst: For the safety concern. Kate Aanenson: The one was coming down to the upper lot. Councilwoman Ernst: Yep. Kate Aanenson: Because this is the main entrance coming to the building on the back side. There is other entrances on this side but you’re kind of going through another business, so trying to cue that so it’s a more comfortable space and people feel like they can go through there without disrupting something else. So it’s just for the management to make that a more friendly or you know identifying that space as the opportunity to come through. And just shifting some of the employee parking to those other areas so that they’re no parking in the pack. Councilwoman Ernst: Okay, so we’ve addressed that concern? Kate Aanenson: Correct. 13 City Council Meeting - March 10, 2008 Councilwoman Ernst: Thank you. Mayor Furlong: Okay. Any other questions for staff at this time? If not, is the applicant here? Like to address the council. Cindy McDonald: Good evening council members. Yes, that is one thing that we are looking at. Mayor Furlong: I’m sorry, if you could just for the record identify yourself. Cindy McDonald: Cindy McDonald, Kraus Anderson Realty. Mayor Furlong: Thank you Cindy. Cindy McDonald: We are looking at putting in steps between the upper parking and the lower parking with that landscape and fence in that area right now, which will alleviate some of the people that are parking in that far corner, coming into the main entrance of the building. And we also have a variety of retailers on that southeast corner that have access from the front of the building to the back of the building, and they welcome customers coming through their space. They want that activity and they want that thoroughfare from the front to the back of the building. Mayor Furlong: Alright. And then anything else in terms of the other questions we asked about in terms of the location of the, the back side of the building which is really facing the street and the location of the trash collection. Kate Aanenson: Somebody from Jimmy John's can probably answer that. Jack Appert: Mr. Mayor, members of the council. I’m Jack Appert with Kraus Anderson. As far as the trash enclosure, we, or I have talked with…Sand who just bought the Country Inn and Suites and he seemed very receptive to working together. He’s going to tear down his existing trash enclosure and build a new one and we will work something out so we can both use that and then that will be stricken from the plan. The one we have on there so, but that won’t happen probably until the construction phase. Mayor Furlong: Okay. Alright. Very good. Anything else or any other questions for the applicant? Mr. McDonald. Councilman McDonald: Yes, I have a question concerning the south side. Again this became a very big issue and I’ve heard you say there are retailers there who are willing to let people come through. The reason it wasn’t working on the east side was everyone felt very uncomfortable about walking through CJ’s. How have things changed on the south side? Are you going to mark a common entrance so that people know to park in that lot and then walk through to get up to these businesses? 14 City Council Meeting - March 10, 2008 Cindy McDonald: We’ve been working with our signage company to help us come up with some type of signage that will further demonstrate that there is that access there. And besides CJ’s too there is also Inside Out which is a little closer to go all the way to the back. Councilman McDonald: Okay. The only questions I have. Mayor Furlong: Very good. Any other questions? Okay, very good. Thank you. There was a public hearing at the planning commission so I don’t know if anybody here has a particular comment. I don’t think there were too many changes between what was at the Planning Commission and here so. Unless there’s anybody that wanted to talk about this, we’ll bring it to council for discussion, thoughts and comments. Councilman Litsey. Councilman Litsey: No, everything seems to be covered well. Staff did a good job presenting the report and addressing the concerns that had come up and I’m comfortable. I mean it’s going to add to the traffic congestion there and pedestrian traffic but it’s you know an appropriate use for that area and something’s going to go in there. I think this is fine so I’m fine with how it’s been presented and how it’s been addressed and how we’re going to move forward. Mayor Furlong: Very good. Thank you. Councilwoman Ernst. Councilwoman Ernst: I agree. I think that any of the questions that I had have certainly been addressed here and I think it’s going to be a nice addition to the city. Mayor Furlong: Thank you. Councilman McDonald. Déjà vu all over again. Councilman McDonald: Well I probably said most everything I said at the Planning Commission. I welcome the addition of this. I think that it is good for downtown because again it adds another point for people to come to. Another variety that I think we can add to the city itself so from that standpoint I was always in favor of it. The questions I had, it sounds as though Kraus Anderson has begun to address those because again I am concerned about the residents of your building and that this would impact their business. Again the chiropractor, the attorneys that deal with the elderly and everything. They do want to have convenience so that people can get into the building so I think you’ve done a good job there as far as resolving some of that. I hope you will continue to push in those directions because we really do need this to be a successful piece of downtown Chanhassen. So from that standpoint, I am still in favor of it. I was in favor of it when I voted for it. You’ve kind of eased my reservations about any of it so I appreciate that. Thank you. Mayor Furlong: Okay, thank you. This is one that makes sense. I think that the staff and the applicant have worked well together clearly in terms of making this look as if, even though it’s going to be built here now a few years after the original main building and one of my thoughts and concerns was that it would look the same as if it wasn’t built at different times and it sounds like that’s the case. It’s going to be, continue the good look in our downtown. It brings another restaurant to our downtown. We’re always appreciative of that and I always appreciate when issues are raised at the Planning Commission and then between the time it gets here, the property owner and the staff are already working to address those issues so by the time they get here we 15 City Council Meeting - March 10, 2008 have more information that’s already in the works so thank you to everyone involved with that. Unless there’s any other discussion, is there, the motion in the staff report begins on page, if somebody’s there, I think it’s page 9. If somebody would like to make the motion. Page 9 with the conditions and Findings of Fact. Councilman Litsey: I can make the motion to approve the conditional use permit and site plan, Planning Case #08-02 for a 1,650 square foot one story, stand alone restaurant building, plans prepared by Pope Architects dated January 25, 2008, subject to the following conditions 1 through 18. And also adopt the attached Findings of Fact and recommendation. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I second. Mayor Furlong: Thank you. Any discussion on that motion? Councilman Litsey moved, Councilman McDonald seconded that the City Council approve the Conditional Use Permit and Site Plan – Planning Case #08-02 for a 1,650 square-foot, one-story, stand-alone restaurant building, plans prepared by Pope Architects, dated received January 25, 2008, subject to the following conditions: 1.The south elevation shall be revised to meet the 50 percent façade 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. 16 City Council Meeting - March 10, 2008 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 Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 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 staff to 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. 18. The developer work with city staff to make any traffic and parking mitigation possible under the circumstances. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 17