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2 Site Plan Chipotle/BuffaloCITY OF P.C. DATE: October 1, 02 C.C. DATE: 10-14-02 REVIEW DEADLINE: 10/29/02 CASE: 02-8 Site Plan BY: A1-Jaff:v J STAFF REPORT PROPOSAL: Site Plan Review for the construction of a 8,300 square foot restaurant and a Variance to allow a 67% hard surface coverage in the Highway Business District and parking requirements LOCATION: Lots 2 and 3, Block 1, Crossroads Plaza 3rd Addition. North of West 79th Street and East of Applebee's Restaurant and Tires Plus and South of Twin Cities & Western Railroad APPLICANT: Infinity of Chanhassen, IJ.C % Scott Schmitt / Dave Lundberg 1865 West Wayzata Boulevard Suite 260 Long Lake, MN 55388 (952)473-2633 Property Owner: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 PRESENT ZONING: BH, Highway Business District 2020 LAND USE PLAN: Commercial ACREAGE: 1.84 acres SUMMARY OF REQUEST: Site Plan Review for an 8,300 square feet restaurant building with variances. Staff is recommending approval of the application. Notice of this public heating 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 these standards, the City must then approve the site plan. This is a quasi-judicial decision. u3JnH //~-~_ ' 11Main .gt'eet~ p~ N,a!ApU~E L opa]u' I _. Clearwater Development October 1, 2002 Page 2 BACKGROUND On November 13, 1995, the City Council approved the subdivision of Lot 2, Block 1, Crossroads Plaza 2nd Addition into 4 lots. The land is under City ownership. Specific guidelines, uses, restrictions, and standards were created for this development (see attachment 4). A 1.4 acres of wetland was filled. Mitigation for the wetland was created south of West 79th Street. Lot I is occupied by Tires Plus and Lot 2 contains an Applebee's Restaurant. On October 11, 1999, the City Council reviewed and approved a Site Plan application for the construction of a 17,544 square foot hotel (Wingate Hotel) and a Variance to allow a three-story building in the Highway Business District. The application was withdrawn by the applicant. The current proposal is the last phase of this subdivision. PROPOSAL/SUMMARY There applicant is requesting site plan review approval for the construction of a building that will house two restaurants (Chipotle and Buffalo Wild Wings), and a variance to allow a deviation in the number of parking spaces required by ordinance and a 67% hard surface coverage. (These two issues will be explained in detail later in the report). The building is proposed to have an area of 8,300 square feet. The site is zoned BH, Highway Business District and bordered by West 79th Street to the south, Twin Cities & Western Railroad to the north, West 79th Street Center to the east, and Applebee's and Tires Plus to the west. Access to the site is provided via West 79th Street. The lot area for the site is 1.8406 acres. The site is visible directly from Highway 5 and has full access from West 79th Street. The site plan is reasonably well developed. The building is situated no~[h of West 79th Street and is proposed to utilize two shades of brick as the main material on the building. Accents are provided through the use of two shades of EEFS, a staggered roofline, recessed walls, awnings, windows, and pronounced canopies at the entrances of the building. Parking for vehicles is located north and east of the building. A main drive aisle, running north/south, is on the western portion of the site. The parking lot is located mainly east of this drive aisle. Staff has been working with the applicant for several months. They have been very cooperative and have implemented staff's recommendations into the plans. Topics of discussion included parking, materials, Highway 5 Overlay District, design standards, and the standards associated with this specific development. (This parcel is owned by the city and them are specific development standards attached to it. These standards will be discussed later in the report). Clearwater Development October 1, 2002 Page 3 The building hides the majority of the parking lot and the portion that abuts West 79th Street is screened by landscaping. Staff will require berming in this location as well. Additional landscaping will be required to meet minimum ordinance requirements. As mentioned earlier, staff and the applicant discussed the number of paring spaces required by ordinance. The two users proposed shared parking. Staff had no objection to this alternative. In fact we encourage shared parking. However, we asked the applicant to provide a parking study supporting their request. The parking study, which was conducted by Benshoof and Associates, Inc., examined the parking patterns for Applebee' s, Tires Plus, and the proposed future restaurants. The study concluded that "the parking supply provided by the proposed development and the existing development will be able to accommodate the estimated fim~re parking demand." A pedestrian trail runs along the south portion of Applebee's and te~Tninates at the southeast corner of Applebee's. The applicant is extending this sidewalk along the south portion of the subject site. Staff also informed the applicant that a sidewalk connection to the building is required. (The cra-rent hard surface coverage is 65%. By adding the sidewalk, the hard surface will increase to 66.6%). There is one service door located along the east portion of the building. This area will house the trash enclosure as well. Staff made the applicant aware that the plans must reflect the location and materials of the enclosure. There are variances attached to this application. The Highway Business District allows a maximum of 65% hard surface coverage. The applicant meets this requirement; however, when Applebee's was approved, they were permitted 66.5% hard surface coverage. When Tires Plus was approved, they were permitted a variance of 70% hard surface coverage. Approval of these variances was given with the understanding'that the remaining two lots will make up the difference in hard surface coverage. This total square footage would translate to 3,158 square feet of green space that the subject site must provide. When the variances for Applebee's and Tires Plus were granted, it was explained that the retention ponds and storm water pipes were sized to accommodate a 70% hard surface coverage. It was also pointed out in the staff report for both variances that the majority of development within the immediate surrounding area exceeded the 65% hard surface coverage. The applicant's proposal includes compact parking and lacks sidewalks. Staff asked the applicant to change the compact parking to standard size and add sidewalks to accommodate pedestrian movement. The combination of these two requests have increased the hard surface to 66.6%. Staff recommends this site be permitted to maintain a 67% hard surface coverage. The site consists of two lots. Section 20-903 of the zoning ordinance allows the creation of zoning lots to be approved by the City Planner if it complies with the lot requirements of the district and has a single tax identification number. Interior lot lines within a zoning lot are disregarded when applying setbacks and other zoning ordinance standards. As a condition of approval of the site plan, the lots must be placed under a single tax identification number. Clearwater Development October 1, 2002 Page 4 Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 comdor's image. Based upon the foregoing, staff is recommending approval of the site plan, with variances, with conditions outlined in the staff report. GENERAL SITE PLAN/ARCHITECTURE The proposed building will house two restaurants (Chipotle and Buffalo Wild Wings), and is proposed to have a total building area of 8,300 square feet. The lot area for the site is 1.8406 acres. The site is visible directly from Highway 5 and has full access from West 79th Street). The site plan is reasonably well developed. The building is situated north of West 79th Street and is proposed to utilize two shades of brick as the main material on the building. Accents are provided through the use of two shades of EIFS, a staggered roofline, recessed walls, awnings, arched windows, and pronounced canopies at the entrances of the building (samples of the materials will be provided at the meeting). Parking for vehicles is located north and east of the building. A main drive aisle, running north/south, runs along the western portion of the site, and the parking lot is located mainly east of this drive aisle. The majority of the parking lot will be screened either by landscaping, berming, or the building itself. ARCHITECTURAL COMPLIANCE Size portion Placement Entries: The building has two pronounced entrances located along the north elevation. Articulation: The building incorporates adequate detail and has been designed very tastefully. The architectural style is unique to the building but will fit in with the sun'ounding area. The building will provide a variation in style through the use of brick, EIFS, glass, and cornices. The building is utilizing exterior materials that are durable and of high quality. Samples of the materials as well as a rendering will be available at the meeting. Lighting: A parking lot light plan is required. The plan should incorporate the light style and height. Signs: A detailed sign plan which includes the lighting method will also be required. Individual channeled letters with the option of back lighting are permitted. Material and detail High quality materials - accent material may occupy up to 15 percent of the buildings faqade. The building will utilize brick as the main material. EIFS occupies 8% of the entire building. The north elevation contains 15.2% EIFS. This is a minor technical adjustment. The applicant can modify the design to maintain the 15% requirement. Color The colors chosen for this building are earth tones. The selection is unique to the building but blends in with the surrounding building. Clearwater Development October 1, 2002 Page 5 Height and Roof Design The building falls within the Highway 5 overlay district which limits the height of the building to 3 stories or 40 feet. The building is proposed at a height of 18 feet with one story. The roofline is staggered adding articulation to the design of the building. All roof top equipment will be located behind the parapet roof line. The canopies along the windows and the two entries into the building meet the design criteria dealing with pitched elements. Facade transparency All facades viewed by the public contain more than 50 percent windows with the exception of the east elevation. This elevation will be screened by landscaping. Also, with the addition of the trash enclosure along the east elevation, this elevation will be screened completely. Site Furnishin~ The applicant has provided an outdoor seating area, however, the furniture has not been shown on the plans. The plans must be modified to show the chairs and tables. Loadina areas refuse area, etc. Screening of the service area and the refuse and waste removal will be accomplished through a combination of berming, landscaping and a trash enclosure. The site plan does not show the trash enclosure. Conversation with the applicant indicates that the trash enclosure will be located along the east side of the building. This structure must be shown on the site plan. Current state statutes require that recycling space be provided for all new buildings. The area of the recycling space must be dedicated at the rate specified in Minnesota State Building Code (MSBC) 1300.4700 Subp. 5. The applicant should demonstrate the required area will be provided in addition to the space required for other solid waste collection space. Recycling space and other solid waste collection space should be contained within the same enclosure. Landscalaina The site is fairly level. The landscaping plan will provide a variety of plant materials that are massed where possible. The berms recommended by staff and landscaping materials will be continuous along the perimeter of the site. The plant materials am repetitious in some locations and variable in others. Proposed plant materials are indigenous to Minnesota. A curb is required along the perimeter of the green space area. All planting areas are adequate in size to allow trees to .grow with the exception of the parking lot islands. The applicant has a choice of either providing a 10 foot wide island or utilizing aeration tubes. Lot Frontage and Parking location The site is located within the Highway 5 overlay district. The ordinance allows one row of parking within the required front yard. Staff asked for a revised parking lot design to accommodate full size paring spaces rather than compact parking. This Clearwater Development October 1, 2002 Page 6 change resulted in half a parking space and a portion of the turn around island encroaching into the setback. This is still in compliance with city ordinances. Less than 50 percents of the parking is lo'cated between the front fagade and West 79th Street. RESTRICTION ON MATERIALS Another issue associated with this site is a restriction on type of materials used on the building. The City owns the property and has entered into a purchase agreement with developer. The restriction on the exterior materials reads as'follows: All exterior surfaces of the building shall be composed of at least eight), percent (80%)face brick, stone or glass. The following materials shall not be allowed as a visible exterior application. a. Exposed concrete or "cinder" block; b. Decorative concrete block; c. Painted brick; d. Fabricated/corrugated metal; or e. Precast concrete materials. The applicant is utilizing brick as the main material on the building. A rock face sill band appears below the windows. This is in keeping with the intent of the purchase agreement. The total percentage of brick and glass is 91.9%. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: Consistency 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; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of 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; Clearwater Development October 1, 2002 Page 7 (5) Creation of functional and hmrnonious design for structures and site features, with special attention to the following: An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 co~Tidor design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements with the exception of the hard surface coverage and the parking deficiency. The applicant is applying fora variance and staff is recommending approval of the variance. The site design is compatible with the SmTounding developments. It is functional and harmonious with the approved development for this area. Staff regards the project as a reasonable use of the land. The overall design is sensitive to the Highway 5 con'idor's image. Based upon the foregoing, staff is recommending approval of the site plan, wit variances with conditions outlined in the staff report. GRADING/DRAINAGE/EROSION CONTROL The site was previously rough graded in conjunction with the plat improvements back in 1995. Only minor grading is anticipated for the building and parking lot improvements. Since earthwork activities will exceed one acre in size, a watershed district pe~Tnit will be required. Clearwater Development October 1, 2002 Page 8 The cun'ent plans show a restaurant with a proposed floor elevation of 950.5. A three foot high berm is located along the southeast comer of the property to screen the parking lot. The plans also show a driveway access on the west side of the building and a parking lot on the north side. Sto~rnwater from the north half of the site will drain to a proposed catch basin. The storm sewer will route the drainage to an existing sewer west of the parcel. Storm sewer sizing calculations will be required prior to building permit approval. Also, watershed district approval will be required prior to building permit approval. Detailed storm drainage calculations for a 10-year, 24-hour storm event will be required prior to issuance of a building permit for staff review and approval. Proposed erosion control consists of silt fence along the south side of the site. Type 1I silt fence must be used around the entire grading area. A 75-foot minimum rock construction entrance is required. UTILITIES Municipal sanitary sewer and water service is available to the parcel from the interior street. Sewer and water hookup fees will be applicable pursuant to city ordinance at time of building permit issuance. The,applicant and/or contract shall be responsible for obtaining the necessary utility permits from the City's Building Department for extension of the private utilities. All utilities shall be installed in accordance with the City's latest edition of Standard Specifications and/or State of Minnesota plumbing codes. STREETS/PARKING/INTERIOR CIRCULATION The site has access from West 79th Street via a private street which also services Applebee's and Tires Plus. Cross-access and maintenance agreements are in place to allow shared parking in conjunction with final plat approval. Drive aisle widths appear to be in accordance with city code. Access during construction will be an issue. Parking is prohibited along West 79th Street. Construction access should be limited to the existing private north/south street and not West 79th Street. The City's parking ordinance for a restaurant requires one space per 50 square feet of gross floor area or one space per two seats, whichever is greater. This number translates to 166 spaces for an 8,300 square foot building. The total number of seats for both restaurants is 285. This translates to 143 spaces. Regardless of which method is used to arrive at an appropriate number, the traffic study conducted by Benshoof & Associates, Inc. concludes that there will be adequate parking. The study collected parking usage information at the existing Applebee's and Tires Plus from 11:00 a.m. to 1:00 p.m. on Tuesday, June 4, 2002. The number of vehicles parked in each area of the parking lot was recorded every 15 minutes. This data was collected to establish existing Cleam'ater Development October 1, 2002 Page 9 conditions during the busy weekday lunchtime period and two comparable sites. Data was collected at the Chipotle and Buffalo Wild Wings restaurants in the Plymouth area. These two restaurants were surveyed between the hours of 11:00 a.m. and 1:00 p.m. on June 6, and July 31. The peak parking time for Applebee's and Tires Plus occun'ed at 12:15 p.m. and 12:30 p.m. There are 94 existing parking spaces. During peak time, 73 of these spaces were used (78%). The Chipotle and Buffalo Wild Wings in Plymouth peaked at 12:30 p.m. with 70 parking spaces. The total parking spaces for Applebee's, Tires Plus, Chipotle, and Buffalo Wild Wings are estimated at 143. The total supply available at this site is 218 spaces. The supply exceeds the demand by 76 spaces during the peak time period. The study provides the following conclusion: Based on the inJbrmation presented in this report, we have developed the follo~ving conclusions: Parking data collected on Tuesday, June 4, 2002, indicates an existing overall t~eak demand of 73 spaces at 12.'13 p.nr. and 12.'30 p.m. Tire estinrated fitture weekday peak parking demand for the existing and proposed uses is ]43 spaces during the 12.'30 p.m. time period. Tlr e futu re effective parking supply of 2 J 9 spaces exceeds tit e estintated future parking demand by 76 spaces during the peak time period. Therefore, the parking supply provided b), the proposed development and the existing development will be able to acconm~odate the estinrated fi~ture parking demand. WETLANDS There was a wetland on this parcel that was identified and delineated as part of the original subdivision. This small a~urban wetland was greatly impacted by road and utility construction over the years, and was filled. As part of the condition of approval for Wetland Alteration Permit 96-2, a replacement wetland was created across West 79th street adjacent to Highway 5. This new wetland fulfills the mitigation requirements of filling the existing wetland. LANDSCAPING Minimum requirements for landscaping include 3,370 sq. ft. of landscaped area around the parking lot, 14 trees for the parking lot, and buffer yard plantings along W. 79th Street and the north property line. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Clearwater Development October 1, 2002 Page 10 Vehicular use landscape area Trees/landscape area W. 79th Street Buffer yard B - 230' North property line. Buffer yard A - 185' Boulevard Trees 1 per 30' (W. 79th St.- 180') Required 3,370 sq. ft. 14 canopy trees 2 canopy trees 5 understory trees 5 shrubs 2 canopy trees 2 understory trees 4 shrubs 6 canopy trees Proposed >3,370 sq. ft. 14 canopy trees 4 canopy 4 understory 9 shrubs 0 canopy 0 understory 0 shrubs 4 existing The applicant does not meet minimum requirements for buffer yard plantings. However, total quantities for the buffer yard along W. 79th Street exceed minimum requirements and are considered satisfactory. Staff recommends that landscaping be increased in order to meet minimum requirements along the north property line as shown in the table. The existing boulevard trees are mature and planting an additional two trees within the area may not be possible. Staff recommends that the trees be planted along the east side of the parking lot east of the building. Additionally, according to ordinance, parking lots shall be fully screened from the street. This will require berming or more understory trees and shrubs to be planted at the southeast comer of the parking lot east of the building. LIGHTING Lighting locations for the parking lot have not been illustrated on the plans. Only shielded fixtures are allowed and the applicant shall demonstrate that there is no more than ½ foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. SIGNAGE The applicant has not submitted a complete signage plan. One ground low profile business sign is permitted. The area of the sign may not exceed 64 square feet and a height of 8 feet for parcels with a principal structure of less then 50,000 square feet. The sign must maintain a 10 foot setback from the property lines. Also, one wall mounted sign shall be permitted per street frontage. This limits the signage to the south elevation. Applebee's and Tires Plus both have one sign only. They both applied for a variance to allow them a second sign, however, both variances were denied. We believe the sign facing West 79th Street will be adequate and will serve the needs of the restaurants. The total Clearwater Development October 1, 2002 Page 11 display area shall not exceed 9% of the total area of the south building wall upon which the sign shall be mounted. The total area of the sign may not exceed 189 square feet. Staff is recommending the following criteria be adopted: . The site shall be permitted one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. . One wall mounted sign shall be pe~Tnitted along the south elevation. The total sign display area shall not exceed (189 square feet). 3. All signs require a separate permit. , The signage will have consistency throughout the development and add an architectural accent to the building. 5. Consistency in signage shall relate to color, size, materials, and heights. 6. Back-lit individual letter signs are permitted. , Only the name and logo of the business occupying the unit will be permitted on the sign. The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. COMPLIANCE TABLE - BH DISTRICT Ordinance Proposed Development Building Height 2 stories 1-story Building Setback N-20' E-10' N-230' E-80 S-25' W-10' S-60' W-25' Parking stalls Per Parking Study 129 stalls Parking Setback N-0' E-0' N-26' E-5' S-25'* W-0' S-15' W-0' Hard surface 65% 66.6% Coverage Clearwater Development October 1, 2002 Page 12 Lot Area 20,000 S.F 1.8406 acres The Zoning Ordinance (Section 20-715 (6) e.) al'lows parking setbacks along public rights-of- way to be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. Also, section 20-1073 Lot frontage and parking location. (a) Highway 5 Corridor District, states, "One row of parking shall be allowed within the required minimum front yard setback of any lot. The majority of parking shall be located to the side or rear of the building. VARIANCE ANALYSIS The zoning ordinance permits a maximum of 65% hard surface coverage. The applicant submitted plans that met this requirement. After examining the overall layout, staff asked the applicant to make two adjustments. The first was an addition of a sidewalk from the north edge of the building, to the east and parallel to the building, then connect it with the side walk along West 79th Street. The second change was revising compact parking spaces to regular size (the city code allows up to 25% of parking spaces to be compact). The applicant incorporated those changes which increased the hard surface to 66.6%. Technically, the number of parking spaces required by ordinance must receive a variance. The firm of Benshoof & Associates, Inc. is reputable and is specialized in traffic studies. In this case, the total number of parking spaces required by ordinance will create an excessive parking surface. Staff is recommending approval of the variances. FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: That the literal enforcement of this chapter would cause undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical sm~'oundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances but to recognize that and develop neighborhoods where pre- existing standards exist. Variances that blend with these pre-existing standards without departing downward from them, meet this criteria. Clearwater Development October 1, 2002 Page 13 The hardship in this case is created by staff's request to add a sidewalk and convert compact parking spaces to regular size. The majority of buildings within the surrounding m'ea have received hm'd surface coverage variances. As to the number of parking spaces, the ordinance requirements are excessive based on the parking study submitted by the applicant. b. The conditions upon which a petition for a variance is based m'e not applicable, generally, to other property within the same zoning classification. The conditions upon which this petition for a variance is based are not applicable generally to other properties within the same zoning classification. The hard surface coverage was in complies with ordinances. It is staff's recommendations to incorporate sidewalks and elimination of compact paring, which is permitted by code that is causing the development to exceed the impervious surface. As to the number of parking spaces, it is city policy to reduce number of parking spaces where feasible. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. The pm'pose of this variation is not based upon a desire to increase the value or income potential of the parcel but actually is a result of staff's request to add a sidewalk to better serve pedestrians and enlarge paring spaces to accommodate the reality of larger vehicles. d. The alleged difficulty or hardship is not a self created hardship. The difficulty or hardship is not self-created. The hardship is a result of staff's request. Tile granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. In fact it wilt provide for safer pedestrian traffic. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Tile proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Clearwater Development October 1, 2002 Page 14 Staff is recommending approval of this variance based upon the findings listed above. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Site Plan Review #02-8 as shown on the site plan dated August 30, 2002, with a variance to allow a 67% hard surface coverage and reduction in parking, based on the findings of the staff report, and subject to the following conditions: The applicant shall increase buffer yard plantings along the north property line to meet minimum requirements. A revised landscape plan shall be submitted to the City prior to city council approval. . The applicant shall fully screen parking lots from adjacent roadways through the use of berming or increased landscaping. o The parking lot islands shall be increased to 10 feet in width or aeration tubes will be required to be installed. 4. Signage criteria: no bo c. e. The site shall be permitted one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. One wall mounted sign shall be permitted along the south elevation. The total sign display area shall not exceed 189 square feet. All signs require a separate permit. The signage will have consistency throughout the development and add an architectural accent to the building. Consistency in signage shall relate to color, size, materials, and heights. Back-lit individual letter signs are permitted. Only the name and logo of the business occupying the unit will be permitted on the sign. . The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. . Fire Marshal conditions' "No Parking Fire Lane" signs will be required as well as curbing to be painted yellow. Contact the Chanhassen Fire Marshal for exact location of signs and curbing to be painted yellow. Pursuant to 1997 Minnesota Uniform Fire Code Section 904.1. Clearwater Development October 1, 2002 Page 15 b. A PlY (Post Indicator Valve) will be required on the water system coming into the building. Contact Chanhassen Fire Marshal for exact location. c. The builder must comply with water service installation policy for commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy #34-1993. Copy enclosed. d. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size of domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #36-1994. Copy enclosed. e. The builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on all site plans. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #4-1991. Copy enclosed. f. Comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. Copy enclosed. g. Comply' with the Chanhassen Fire Department/Fire Prevention Division Policy referencing cooking equipment exhaust hoods requirements. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #35-1994. Copy enclosed. . Concm-~'ent with the building permit, a detailed lighting plan meeting city standards shall be submitted. Building Official conditions: a. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. b. Detailed occupancy related code requirements will be reviewed when complete plans are submitted. c. The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and pe~it procedures. 9. All rooftop equipment must be screened in accordance with city ordinances. I0 Submit storm sewer sizing design data for a 10-year, 24-hour sto~xn event. 11. Add the following 2002 City Detail Plates to the detail sheet: 2101, 3101, 3102, 5203, 5300, 5301 and 5302. 12. Prior to building permit issuance, all plans must be signed by a professional civil engineer registered in the state of Minnesota. 13. Any off-site grading will require easements from the appropriate property owner(s). 14. Show all proposed pipe information, including: pipe type, flow direction, slope, inverts, etc., on the utility plan. Clearwater Development October 1, 2002 Page 16 15. Watershed District approval will be required prior to building permit approval. 16. A 75-foot minimum construction rock entrance is required. 17. Show all manholes and catch basin rim and invert elevations. 18. A cross-access agreement between parcels must be recorded. 19. Extend silt fence around the perimeter of the site. 20. Pedestrian ramps shall be included at all sidewalk entrance points of the drive aisles and parking lot. 21. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Chanhassen Building Department, Watershed District, and Minnesota Department of Health. 22. All areas disturbed as a result of construction activities shall be immediately restored with sod or seed with disc mulch within two weeks of completion in accordance with the City's Best Management Practice Handbook. 23. Construction access to the site shall be limited to/from the private street and not West 79th Street. 24. The hard surface coverage of the site may not exceed 67%. 25. Lots 2 and 3, Crossroads Plaza 3rd Addition shall be placed under a single parcel identification number and considered a single zoning lot. 26. The applicant shall supply the City with a furniture plan of the patio area. 27. The north fagade shall maintain a maximum of 15% E[FS." ATTACHMENTS 1. Revised parking area and addition of sidewalk. 2. Memo from Mark Littfin, Fire Marshal, dated September 6, 2002. 3. Application and public hearing notice. 4. Proposal narrative and Parking Study. 5. Memo fi'om Reliant Energy Minnegasco, dated September 12, 2002. 6. Declaration of Easements and Restrictions. 7. Plans dated August 30, 2002. Clemwvater Development October 1, 2002 Page 17 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Clearwater Development Site Plan Review 2002-8 On October 1, 2002, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Clearwater Development to construct a 8,300 square foot restaurant building for a site plan review for the property located at Lots 2 and 3, Block 1, Crossroads Plaza 3rd Addition. 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 , The property is cun'ently zoned Highway Business District. The property is guided by the Land Use Plan for Commercial. The Regal description of the property is: Lots 2 and 3, Block 1, Crossroads Plaza 3rd Addition. 4. Section 20-110: (2) 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; Is consistent with this division; Clemwvater Development October 1, 2002 Page 18 (3) (4) (5) (6) 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; 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; Creates a functional and harmonious design for structures and site features, with special attention to the following: a. 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; b. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and do Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. o The planning report #2002-8 Jaff, is incorporated herein. dated October 1, 2002, prepared by Sharmin Al- RECOMMENDATION plan review. The Planning Commission recommends that the City Council approve the site Clearwater Development October 1, 2002 Page 19 ADOPTED by the Chanhassen Planning Commission this 1st day of October, 2002. CHANHASSEN PLANNING COMMISSION BY: Its Chai~Tnan ATTEST: Secretary 09/25/2002 11'26 J WELMAN SPERIDES ARCH J . _ PAGE 02 MEMORANDUM TO: Sharmin A1-Jaff, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: September 6, 2002 SUB J: Request for a site plan approval of an 8,300 square foot restaurant with variances on 1.48 acres on prope~%, zoned Highway Business District (BH) district and located at 550 West 79th Street, Clearwater Development Group LLC. Planning Case: 2002-8 SPR I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the follov,,ing fire code or city ordinance/policy requirements. The site plan is based on the available infolxnation submitted' at this time. If additional plans or changes are submitted the appropriate code or policy items will be addressed. "No Parking Fire Lane" signs will be required as well as curbing to be painted yellow. Contact the Chanhassen Fire Marshal roi' exact location of signs and curbing to be painted yellow. Pursuant to 1997 Minnesota Uniform Fire Code Section 904.1. 2. A PlY (Post Indicator Valve) will be required on the water system coming into the building. Contact Chanhassen Fire Marshal for exact location. The builder must comply with water service installation policy roi' commercial and industrial buildings. Pursuant to Inspection Division Water Service Installation Policy "34 . e -1993. Copvenclosed. . Tile builder must comply with the Chanhassen Fire Department/Fire Prevention Division regarding maximum allowable size ora domestic water on a combination water/sprinkler supply line. Pursuant to Chanhassen Fire Department/Fire Prevention DMsion Policy #36-1994./ Copy enclosed. . Tile builder must comply with tile Chanhassen Fire Department/Fire Prevention Division regarding notes to be included on alt site plans. Pursuant to Chanhassen Fire Department/Fire Prevention DMsion Policy #4-1991. Copy enclosed. . Comply with the Chanhassen Fire Department/Fire Prevention Division regarding premise identification. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #2%1992. Cop5' enclosed. Sharmin AI-Jaff September 6. 2002 Page 2 , Comply with the Chanhassen Fire Department/Fire Prevention Division Policy referencing cooking equipment exhaust hoods requirements. Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #35-1994. Copy enclosed. FIRE DEPT, ' CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY COOKING EQUIPMENT EXHAUST HOOD REQUIREMENTS Revised 6/12/02 1. FIRE PROTECTION A. Where Required: 1) On commercial cooking equipment, when grease-laden vapors are produced. 2) If an)' cooking device under an exhaust hood produces grease-laden vapors, then tine entire tnood must be protected. B. C. Type of Protection' i) When building is fully sprinklered, the hood system must be a sprinklered system. 2) In non-sprinklered buildings, any U.L. listed system is acceptable. When extinguishing agent is released, hood exhaust must: Be shut down; gas to cooking equipment must be shut down' and electricity to grease producing heating appliances must be shut down. Oas and electricity must be manually reset after automatic shutdown. Commercial Kitchen Hoods 35-1994 Page 1 of 1 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 Market Blvd BOX 147 CHANHASSEN, MN 55317 (952) 227-1150 FAX: (952) 227-1190 CHA NHA $,qEN FIRE DEPARTMENT POI,ICY PREMISES IDENTIFICATION Revised 6/10/02 General Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following - Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. Olher Requiremenl~ - Genernl 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not ~Ssible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on nmil box at driveway entrance nmv be a nfini~nmn of 4". tlowever, requirement #3 must still be met. 5. Adnfinistrative authority may require additional numbers if deemed necessary. Rcsidcntinl Rc¢lnirement~ (2 or les~ dwelling unit) 1. Minimmn height shall be 5 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Cnmmercinl Requiremenlq 1. Minimum height shall be 12". 2. Multi-Tenant Buildings a. Building address range, nfinimum height of 12 inches. b. Address numbers required on all tenant doors. Minimum height of 6 inches. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the buildings ~nain entrance. 4. Signage on overhead/delivery doors will also be required. . , . . . . 10. 11. FIRE DEPT. CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX ~47 CHANHASSEN, MN $$$~ 7 (952) 227-1150 FAX: (952) 227-1190 CHANHA,~EN FIRE DEPARTMENT NC)TE~ TC} RE INCI,I ~DED ON A lJl~ ~ITE PIJA N~ Revised 6/12/02 Fire Marshal must witness the flushing of underground sprinkler service line, per NFPA 13-8-2.1. A final inspection by the Fire Marshal before a Certificate of Occupancy is issued. Eim Department access roads shall be provided on site during all phases of construction. The construction of these temporary roads will conform with the Chanhassen Fire Department requirements for temporary access roads at construction sites. Details are available. Onsite fire hydrants shall be provided and in operating condition during all phases of construction. The ~se of liq~efied petroleum gas shall be in conformance with NFPA Standard 58 and the Minnesota Uniform Fire Code. A list of these requirements is available. (See policy #33-1993) All fire detection arm[ Fire s~ppression systems shall be monitored by an approved UL central station with a UL 72 Certificate issued on these systems before final occupancy is issued. An 11" x 14" As Built shall be provided to the Fire Department. The As Built shall be reproducible and acceptable to the Fire Marshal. (See policy #07-1991). A_~ approved lock box shall be provided on the building for fire department use. The lock box should be located by the Fire Department connection or as located by the Fire Marshal. High-piled combt~stible storag, e shall comply with the req~firements of Article #81 of the Minnesota l Jniform Fire Code. High-piled combustible storage is combustible materials on closely packed piles more than 15' in height or combustible materials on pallets or in racks more than 12' in height. For certain special-hazard commodities such as rubber tires, plastics, some flammable liquids, idle pallets, etc. the critical pile height may be as low as 6 feet. Fire lane si?a~e shall be provided as required by the Fire Marshal. (See policy #06-1991). Maximum allowed size of domestic water service on a combination domestic/fire sprinkler supply line policy must be followed. (See policy #36-1994). Notes For Site Plan 04-1991 Page 1 of 1 CHANHASSEN 90 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612. 93Z 5739 £ngineering Fax 612.937.9152 'ublic Safe(y Fax 612.934.2524 Web www. ci. chanhassen, mn. us CHANHASSEN FIRE DEPARTMENT POLICY MAXIMUM ALLOWED SIZE OF DOMESTIC WATER SERVICE ON A COMBINATION DOMESTIC/FIRE SPRINKLER SUPPLY LINE 1. Domestic water line shall not be greater than ¼ pipe size of the combination service water supply line. 2. 1 ½" domestic off 6" line. 3, 2" domestic off 8" line, 4. 2 ½ domestic off 10" line. Option 1' Option Domestic sizes may be increased if it can be calculated hydraulically that the demand by all domestic fixtures will not drop the fire sprinkler water below its minimum gallonage required. 2: Combination domestic and fire line service shall have an electric solenoid valve installed on the domestic side of the service. This valve shall be normally powered open and close on loss of electric. power or signal from the system water flow indicator. Must be approved by the Chanhassen Fire Marshal and Chm~hassen Mechanical Inspector. App~o~iarshal Chanhassen Fire Department Water Line Sizing Policy #36-1994 - Date: 06/10/94 , Revised: 1'1/24/99 Page 1 of 1 ' · . . , cHANHAS$1 N FIRE DEPT. CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227-1150 FAX: (952) 227-1190 WATER SERVICE INSTALLATION POLICY FOR COMMERCIAL AND INDUSTRIAL BUILDINGS Revised 6/12/02 1) 2) The Inspections Division shall be responsible for issuance of permits No permit shall be issued until approval of plans have been obtained from the following' a) Engineering Department b) Fire Marshal c) Minnesota Department of Health d) Plumbing Inspector Mechanical inspectors will do all installation inspections and witness the hydrostatic and conductivity tests. Call (952) 227- 1180 to schedule an inspection. Inspection and Test Requirements a) All pipes shall be inspected before being covered. Phone (952) 227- 1180, to schedule inspections. A 24 hour notice is required. b) Conductivity test is required. The pipe shall be subjected to minimum 350 amp test for a period of not less than 5 minutes. c) Hydrostatic test required. All pipe shall be subjected to a hydrostatic pressure of 150 PSI for 2 hours. Allowable pressure drop shall not exceed 1 PSI. d) Pipe shall not be run under buildings - NFPA 24, 8-3.1. 3) Upon approval of the hydro test, the plumbing inspector shall submit a copy of the inspection report to the utility superintendent. The inspection report shall note whether the system is ready for main flush and drawing of water sample for the bug test. Water Service Installation 34-1993 Page 1 of 2 4) Water main flushing shall be witnessed by the utility superintendent. a) Watermain flushing may be scheduled by contacting the utility superintendent at 474-2086. A 24 hour notice is required. b) The utility superintendent shall obtain a water sample for a bacteria test after the main flush and deliver to a testing company. The contractor shall be responsible for testing costs. Allow two weeks for testing results to be returned to the City. c) Upon receiving approval of the water sample test, the utility superintendent shall submit a copy to each plumbing inspector and turn water on to the tested and approved sections of the piping. 5) An additional supe~rvised flush and flow test will be required and witnessed by the Fire Marshal for services supplying fire suppression systems. The flush and flow test shall be performed in accordance with 1991 edition of NFPA 13, Sec. 8-2.1. Contact the Chanhassen Fire Marshal at (952) 227-1150. 6) Watermain installations shall comply with: a) Minnesota Plumbing Code, Chapter 4715 b) Chanhassen Engineering Department, Watermain Specifications c) National Fire Protection Association, Chapter 24 7) Only authorized city employees are permitted to operate city water control valves. For water turn on or off contact the utility superintendent by phone (952) 227-1308. A 24 hour notice is required. Water Service Installation 34-1993 Page 2 of 2 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, OCTOBER 1, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Site Plan Review and Variances for a Restaurant APPLICANT: LOCATION' Clearwater Development, LL. 550 West 79th Street NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Clearwater Development Group, LLC, is requesting Site Plan approval of an 8,300 square foot restaurant with variances on 1.84 acres on property zoned Highway Business (BH) District and located at 550 West 79th Street. What Happens at the Meeting' The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1131. 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. Notice of this public hearing has been published in the Chanhassen Villager on September 19, 2002. I Drite t Smooth Feed SheetsTM Use template for $160® iLOOMBERG COMPANIES INC PO BOX 730 ;HANHASSEN MN 55317 NORTHCOTT COMPANY 250 EAST LAKE DR CHANHASSEN MN 55317 'OM-DON REAL ESTATE HOLDINGS 70 DONALD M GUILLETT 3679 DUNBAR WAY .~PLE VALLEY MN 55124 AUSMAR DEVELOPMENT CO LLC C/O LOTUS REALTY PC} BOX 235 CHANHASSEN MN 55317 d~PLE AMERICAN LP (APPLEBEE'S) :/0 AVTAX INC 025 WEST EVERETT RD AKE FOREST IL 60045 HOLIDAY STATION STORES INC 4567 80TH ST W BLOOMINGTON MN 55437 DBERT DITTRICH 26 BROADWAY N PO BOX 755 7EW ULM MN 56073 MICHAEL E RAMSEY 6362 OXBOW BND CHANHASSEN MN 55317 9TH STREET CENTER PARTNERSHIP 84 EXCELSIOR BLVD XCELSIOR MN 55331 CHANHAS SEN INN 53179THSTW CHANHASSEN MN 55317 4 D LLC 55 3RD AVE NW UTCHINSON MN 55350 AM PROPERTY HOLDINGS LLC 4-0 79TH ST W HANHAS SEN MN 55317 dANHASSEN PROPERTIES LLC PAULY DR PO BOX 514 qANHASSEN MN 55317 LO I LLC )0 t-BVY 13 W JRNSVILLE MN 55337 HEATSTONE RESTAURANT GROUP 0 EAST LAKE DR L4MHASSEN MN 55317 City of Chanhassen 7700 Market Blvd., P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: September 5, 2002 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen A1-Jaff, Senior Planner Subject: Request for a Site Plan approval of an 8,300 square foot restaurant with variances on 1.84 acres on property zoned Highway Business (BH) District and located at 550 West 79th Street, Clearwater Development Group, LLC. Planning Case: 2002-8 SPR The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 30, 2002. h~ order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect front the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Co~runission on Tuesday, October 1, 2002 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your cormnents by no later than September 20, 2002. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments a.' City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 8. Telephone Company (US West or Sprint) 9. Electric Company (NSP or MN Valley) 10. Mediacom Cable System 2. Watershed District Engineer 11. U. S. Fish and Wildlife 3. Soil Conservation Service 4. MN Dept. of Transportation 12. Carver County a. Engineer b. Environmental Services 5. U.S. An'my Corps of Engineers 13. Other 6. Minnegasco 7. MN Dept. of Natural Resources ' I CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 APPLICANT: ADDRESS'. TELEPHONE (Daytime) DEVELOPMENT REVIEW APPLICATION 1/~ L~'~ OWNER: ~' TELEPHONE: Comprehensive Plan Amendment __ Temporary Sales Permit Conditional Use Permit Interim Use Permit Non-conforming Use Permit Vacation of ROW/Easements .~, ~, Variance Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Site PJan Review* Notification Sign Escrow for Filin..g~-~eslAttorney Cost** ($50 CU~ACNARANAP/Metes and Boun~7$400 Minor SUB) . SubdivLsion* TOTAL FEE $' T~ 'Fo A list of all property owners within 500 feet of the boundaries of the property?,~ust kc includod with tl~c - Building material samples must be submitted with site plan reviews. ~'l'w~.~ty-5fx full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract OTE -When multiple applications are processed, the appropriate fee shall be charged for each application. 1865 W. Wayzata Blvd. 5te :207 Long Lake, I~IN 55356 ph 95:2-475-2633 fax 952-475-2658 August 30, 2002 Sharmin A1-Jaff City of Chanhassen 690 City Center Drive PO Box 147 Chalzhassen MN 55317 Re: Crossroads Plaza Sharmin Enclosed is the application for a site plan review and variance request for the retail project planned for the above mentioned property. The project consists of a 3000 square foot, 60 seat, Chipotle Restaurant and a 5300 square foot, 225 seat, Buffalo Wild Wings Restaurant. These two tenants work well together. They are co-tenants in Plymouth, MN and they are excited about being together on this site as well. We are requesting a parking variance for this site because there is a difference in what your parking codes require and what these two tenants typically need to adequately park their guests. Benshoof and Associates, Inc completed a parking study for this site and its proposed uses. They found that xve are adequately parked based on the demand of all tenants in this PUD. Attached is a copy of the report. My goal is to take this to Planning Commission on October 1st and then to City Council on October 14th. I would then like to close with the city on the purchase of the land as soon as possible. I am delighted to be working with the city on this project. If you have any questions please call me at 952-473-2633. Sincerely, Scott Sctnnitt, CC~'I President CC: Dave Lundberg · ~~.-2002 12: tE 952 ~B 1671 P. 02z06 BENSHOOF & ASSOCIATES,, INC. TRANSPORTATION ENGINEERS AND PLANNERS 113417 EXOELalOR aOULEVARI3, SUITE TWO / HOPKINS, MN 55343 / (EI52) 288,,1887 / FAX (gE) 238-1671 August 1,200:2 Refer to MEMORAND IJM TO: FROM: Scott Sclmfitt, Clearwater Development Company Ed. wm:d F, Terhaar ~1~ UPdated Results of Parking Study for Imposed Retail Development in Chanhassen PURPOSE AND BACKGROUND This memorandttm presents the updated results of our parking study for the proposed retail development located north of 79~h Street and west of Oreat Plains Boulevard in Chanhassen. Our report dated June 18, 2002, has been updated to account for changes in the land uses for the proposed development. The current plan for the development consists of a 3,000 squ~e foot Chipotle restaurant and a 5,200 square foot Buffalo Wild Wings restaurant. A total of 136 parking spaces will also be constructed as part of the proposed development. The development would be located immediately east of the existing Appleby's resta.uraut and Tires Plt~ store. Access would be provided via 79* Street, The proposed site location is ~hown in Figure 1. PARKING DATA COLLECTION Parking data was collected at the existing Appleby's and Tires Plus from 11:00 a,m. to 1:00 p.m, on Tuesday, June 4, 2002. The number of vehicles parked in each area of the parking lot was recorded every 15 minutes during the survey period. This data was eolleeted in order to establish the existing conditions dun'rig the busy weekday lunchtime period. In order to understand fire parking characteristics for the proposed Chipofle and Buffalo Wild Wings restauranm, parking data was collected at an existing Chipotle and an existing Buffalo Wi~.d Wings in the Plymouth area. Data was collected during the 11:00 a.m. to 1:00 p.m. time period at each restaurant. The Chipotle was surveyed on Thursday, June 6, 2002, and the and Buffalo Wild Wings on WexLue~y, July 31, 2002. 0 ~000' BEN, HOOF & RSSOC. .... 952 23B 1671 LOCATION ,.% III II IIi ' OLEARWATER DEVELOPMENT COMFANY PARKING STUDY FOR PROPOSED RETAIL IN CHANHASSEN PROJECT LOCATION ~kJCT-81--2~82 12: 17 BENSHOOF ~ ASSOC. Mr. Scott Schmitt 952 2Z8 167t P. 04/t~b August 1, 2002 EXISTING PARKgNG CHARACTERISTICS The existing Appbby's and Tire Plus parking area has 94 s~p~ parking statls. The number of spaces used as recorded every 15 minutes is shown in Table 1. The time periods with peak parking usage are highlighted. Table 1 Number of Spaces Used Duriag Weekday L~nehtime Survey As shown in the table, the peak parking for the existing development occurred at 12:1 $ p.m. and 12:30 p.in. At these peak times, 78 percent of the total spaces were used. FUTURE PARKING DEMAND Based on potential tenant information, we have estimated the peak parking demand for the future uses, The uses and sizes we have accounted for are as follows: m 3,000 square foot Chipotle restaurant, · 5,200 sqmtre foot and Buffalo Wild Wings restaurant. The parking demand for the Chipotle and Buffalo Wild Wings were determined by surveying existing stores located in the Plymouth area, The parking demand for the future uses was combined with the existing demand at the Appleby's and Tires Plus in order to determine tim total fi~mre demand for the entire area. The peak parking demand by time of day is shown ~n Table 2. /~LJG-O1-2DE}2 12: 1'-/ Mr, Scott $¢hmtt~ ~F g. RS~30C. -4- Table 2 Estimated Futnre Parking Demand for Existing and Future Use~ ' 'T'~me' ' Appleby'si ' Chlpotle Buffalo'Wild TOTAL i11~ 20 28 '~' " 52 i145 .......... ~1 ..... '47 .......... ~-~ .................. 101 1200 ' '60 38 18 ..... 116 ~: ~--,~', ~;'," ~ ~-~,~,~. ~ _:. .' .' . [( : .-. , --!;...',~;*, ' '."": .... .~ "-'.' '~2~ . "?; , ',,,,'., ~-...; .... - ...... 1245 56 32 20 108 .... 1..~ ..~,., ,.. -.,,,,., ....... ~ .... .-.,, .... . , As shown in the table, we estimate the peak weekday demand of 143 spaces will occur during the 12:30 time period. COMPARISON OF FUTURE SUPPLY AND FUTURE DEMAND The parking supply and demand infom~at, ion pre~ented in this report were used to detemfine the adequacy of the parking supply under future eondition~, The proposed development h~eludes 136 parking spaces. Added to thte existing 94 ~pace$ for the Appleby's and Tires Plus results tn a total future parking supply of 230 apace~. Thc effective parking supply of a parking lot is generally five percent less than the total supply. This redu. ction is made in ordm' to account for spaces lost due to mm over, vehicles using two spaces at one time, spec, es lost to snow storage, etc. Therefore, the effective parking supply for tN, m-ca is 219 spaee~. Tim forecasted peak demand for the fatm~e scenario is 143 spaces, wh/¢h occurs dmbng . thc 12:30 p,m. time p~fiod, With a futttre effeotiYe supply of 219 space~, the supply exceeds the demand by 76 ~paces during the peak time period. Therefore, the parking supply provided by the proposed development and the existing development will be able to accommodate the egtimated future parking demand, Mr. Scott Schn~tt 952 238 1671 P. 06/06 August 1, 2002 CONCLUSIONS Based on the information presented in this report, wa have developed the following conclusions: Parking data collected on Tuesday, June 4, 2002, indicates an existing overall peak demand of 73 spaces at I2:15 p,m. and 12:30 The estimated future weekday peak parking demand for the existing and propos, d uses is 1,~3 spaces dur/ng the 12:30 p.m. time period. The fan-are affeetiva parking supply of 219 spaces ~xoecds the e,timated future parking demmd by' 76 spac~,'during the peak time period. Thorefore, the parking supply provided by the proposed development and the existing development will be able to accommodate the estimated furze parking demand. TOTRL P. 86 Reliant Enersy-... Sharmeen AI-Jaff Senior Planner City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN. 55317 RE' Preliminary Plat of Crossroads Plaza Reliant Energy Minnegasco Easement number 1 960-93 700 West Linden Avenue P.O. Box 1165 Minneapolis, Minnesota 55440-1165 September 12, 2002 Dear Mr. AI-Jaff: With reference to the preliminary plat of Crossroads Plaza, Reliant Energy Minnegasco currently has an easement over the north 20-feet of the property. This easement is for a high-pressure natural gas transmission line and must be operated and maintained in accordance with the Code of Federal Regulations, Part 192, Title 49, "Transportation of Natural and Other Gasses by Pipeline: Minimum Federal Safety Standards. The easement is recorded with the Carver County Recorder as document number 98310 and was reduced to a 20-foot strip by Quit Claim Deed recorded as document 36987. To aid in an acceptable development in the easement area, I have enclosed a copy of Reliant Energy Minnegasco's Guidelines for Construction and/or Encroachment within Gas Pipeline Easements, Please instruct the developer to use these Guidelines when making their plans in the easement area, .. Please call me at 61 2.321.5381 with any questions. Respectfully, RELIANT ENERGY iVilNiqEGASCO Steven Von Bargen Right-of-Way Administrator RELIANT ENERGY MINNEGASCO, A DIVISION OF RELIANT ENERGY RESOURCES CORP. GUIDELINES FOR CONSTRUCTION AND/OR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS The following guidelines are general requirements only. Reliant Energy Minnegasco may inspect the area and review construction plans. Final construction plans must be reviewed and approved, in writing, by Reliant Energy Minnegasco prior to the start of any construction within Reliant Energy Minnegasco's easement. Grading and utility plans showing Reliant Energy Minnegasco's approval must be on site and available to Reliant Energy Minnegasco personnel during construction with the easement. 1. Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of less than three feet or more than five feet. A level area of not less than six feet on each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the level area on each side of the pipeline by that same footage of cut or fill. The pipeline must be fully accessible at all times before, during, and after the construction. 2. Landscaping over and within ten feet on each side of the pipeline is restricted to grass cover only. Beyond ten feet on each side of the pipeline, upright plantings are restricted to, and shall not exceed an eventual growth height of six (6) feet. No trees shall be planted or remain within the easement. Any trees, removed by Reliant Energy Minnegasco from within the easement, while performing maintenance activities shall not be replaced by Reliant Energy Minnegasco or the current owner, their successors or assigns. 3. Any buried utility line installed across the in-place pipeline shall be placed with no less than one foot of vertical separation, padded with well compacted (95% Standard Procter) granular soil and cross at an angle between 450 and 90° from the pipeline. 4. With prior Reliant Energy Minnegasco approval by the Senior Administration Engineer or Right of Way Administrator, parking lots, perpendicular driveways or roadways of portland cement concrete or asphaltic concrete (or similar materials) may be placed within the easement, but shall be limited in width when crossing the easement to minimize the interference with or access to the pipeline for inspection and maintenance. Permanent structures including, but not limited to, buildings, signs, screen walls, decks, tennis courts, and swimming pools are not allowed under any circumstances within the easement. Installations including, but not limited to, retaining walls and fences crossing the pipeline require approval by the Reliant Energy Minnegasco Senior Engineer or Right of Way Administrator, before construction. All fences crossing the pipeline must have a 10-foot wide gate centered over the pipeline. All fences installed parallel with the pipeline will maintain a minimum of 10 feet of separation from the pipeline. 5. Once Reliant Energy Minnegasco and the Owner, Developer or Contractor have reached an agreement, Reliant Energy Minnegasco shall be given at least two working days advance notice of planned construction activity so arrangements can be made for Reliant Energy Minnegasco Personnel to monitor the construction. Reliant Energy Minnegasco will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to determine the actual elevation of the in-place pipeline. Excavation to expose the pipeline shall be parallel to the pipeline. Reliant Energy Minnegasco Personnel must be present during this excavation. Backfill shall be compacted to 95% Standard Procter. 6. Any subsequent damage or removals caused by Reliant Energy Minnegasco in the exercise of its easements rights, of any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which may be permitted within the easement area, will be permanently repaired or replaced at the owner's or contractor's (not Reliant Energy Minnegasco's) expense. 7. In accordance with Federal Department of Transportation Codes, Reliant Energy Minnegasco must place markers over transmission pipelines. These markers will be placed at all road crossings, in back of curb or at property line, at changes of direction, and periodically along the pipeline. All natural gas transmission line locating markers placed by Reliant Energy Minnegasco will not be removed. If you have any questions call: Senior Administration Engineer at 612.321.5426. Dated: February 28, 2002 CROSSROADS PLAZA C4DDE DATA x ~ ~ULOe~ mA X .1~ ,.i...s, ,X ~ DATA p~ lm~miFo: KEYED NOTES ~ REYED NOTEB ARE DENOTED ~ [] ON PL~e4. [] CONNECT TO EXISTING 6' DIP WATER STUB. N PROPOSED PLAN SYMBOLS ABBREVIATIONS PROPERTY UNE ..... BLDGBuild~ng BM Bench Mork PROPOSED CONTOUR ' ~ CB Cotch Baeln 5POT EL~VA'~ON ~ CONC. ELEVElevation STORM SElt~R~) EX, FFE F~n~ahed PloD? Elev. [] CONNECT TO ~XISTINC a' pvc ~ANITA~ STUB. ~] STUB 12' RCP STORM SEWER 5 ~ FROM EXIS~NG CATCH BA~N~ANH~ s ~ INV Inve~ ~ BUILOING AT A 2.08~ SLOPE. 5ILTATI~ FENCE ~ ~ ~ LLE Lower LeveJ Elev. Maximum ~ IN~ ROCK CONSTRU~ION ENTICE PER D~NL 2/C1.0. ROCK C~SmUC~ON ~ ~ Manhole ENTRANCE RCP R~{nforced ~ncrete P[p~ 50 25 0 50 1100 EROSION cO~ROt NOTEq' WELMAN SPERIDES ARCHIT]~CTS [. L C ,~T A ~ArC ar ~ POlOs Pm ~ DEVELOPMF3qT GROUP LLC. LONO ~ ~ ~OSSRO~S ~~ ~ ~ 17. ~ ~u~ ~C~R~a W ;~a ~, m~Hts, ~;s. ~ In, ~eN ~ ~s ~ ~cn ~ DE R~ ONLY ~ ~E~D ~P~D ~rLDI~ . . , , , , · ~ ~. ~ ~ ~'" "~, ~'~ /' ./ ,4.? / --' ' , x -. //'~ . --xx~ ~x ~.~' ,, ,.~< / /' , ~ ., ~:'~ ~~ - -- ~ .............. ,. .... PLAN. = , · k I ............. ?,, ...... ...... ....................... ~ ............... ~7~'~' / __~, .. ,- .. OC~ CONDUCTION ENT~NCE )~NTATION P~OTECTION FENCE / STORM 5~E~ MANHOL~ P~ECA~T CATCH BASIN ~ ~ z zr~ :: :: c z- ~r- :: - z c. z.-_': c_-._-, z z_-!£_- z_-'zCz :_' :: :: z ~ ................ ~' __-_z_-zzz_-zzc~'zzz_--z az-_- zz_-zzz cz -:.:: Z .. Z ~ Z' -_ _-2 'Z ~ ELEVATION 0tI,,EE~T .. OEAST ELEV'ATION I CL WAT~ D~O~ GROUP ~ CRO~RO~ ELEVATION5 ... SPE~DI L L I D~~ GRO~ L~ ~SRO~ I FLOOf~ I~t..A · A2 F~Z~S~ED BI.~LDIN~ a,~Z~ m.F. 51TE ]::DATA 5UI'IP'IA~T' ([~:~,175 - I,.~) = 715,1~75 5.1=. klARD 5URFAC::E: DI~IVE.G / PAFi~,,ING LOT: PARKJN~ LOT ISLANDS: PAVED At;~EA: tBLIILDIN~: TOTAL PlAF~I) SURFACE: ¢51,276 / 7e.~75) · 44,~F5 5.F. - 1,115 5.F. 42,'57& 5,F. 51,276 CLEARWA~ DEVELOI~ GROU1~ I.I. CROSSROA PLAZA ~ITE PLAN PLAN North A1 PLANTING ,5C. NE [:)glL E ~IIT, TYff~ Bl:m ~ ~ LATIN NA~IE GROUP CROSSROAI ~ m,JL md,~ L ANDF:~.ApE PL4.N LAND~APE~ North L1 DECLARATION OF CROSS ACCESS, UTILITY'AND PARKING EASEMENTS TI-IlS DECL~TION made this 2]~ day of'~.~ &2/&. , 1995, by the CITY OF CHANHASSEN, a municipal corporation under the laws of' the State of Minnesota'(referred to herein as the "CITY"). RECITALS A. The CITY is the fee owner of property in Carver County, Minnesota described .. on the attached Exhibit "A'' B. CITY desires to memorialize access, utility, and parking easements and privileges over the Subject Propert7 for the benefit and appurtenant to file four lots platted within the Subject Property. NOW, TIIEREFORE, the'CITY doe~ hereby declare that the Subject Property shall be permanently encumbered with the easemen'ts described On Exhibii '"A" for access, utility and parking purposes in accordance with the terms as set forth herein. 1. The maintenance and repair of the access and utility easement are~..s shall be shared equally by each lot owner. The maintenance and repair, costs of the parking areas shall be the responsibility of the owner of each lot where the parking area is located. Notwithstanding the foregoing, the City of Chanhassen shall not be responsible for any maintenance or repair costs. ' 2. Each owner shalI be obligat&d to maintain in good repair the parking area located on the owners lot. 29217.02 O9/20/95 Exh{b;r ~ -. In the event an owner fails or refuses to contribute toward that owner's share of maintenance and repair costs for the access and utility easement areas, the obligation for such costs will beCome a lien on the lot subject to this Agreement and may be enforced by the party undertaking the necessary, repairs. 4. ' The easements described herein shall run with the land and shall inure to the benefit of each owner of the Subject Property?:..:their successors and assigns. ooo CITY OF CHANIIASSEN Its City Manager STATE OF MINNESOTA ) COUNTY OF CARVER )ss. The foregoing instrument was acknowledged before me this ~/~'-day'of De'cember; 1995, by Donald J. Chmiel and Don Ashworth, the Mayor and City Manager of THE CITY OF CHANHASSEN, a municipal corporation under the Iaws of the State of Minr~.esota, on behalf of the corporation and through authority granted by its City Council. THIS INSTRUMENT WAS DRA~ED BY: CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 3 I7 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (6 I2) 452-5000 .TRW 29217.02 09/20/95 2 Exhibit E Chan/Tires Plus PA . EXHIBIT "A" to DECLARATION OF CROSS ACCESS, UTILITY AND PARKING EASEMENT Letal Description The City of Chanhassen is the fee owner of Lots 1, 2, 3 and 4, Block 1, CROSSROADS PL,AZA THIRD ADDITION, according to the recorded plat thereof. The easement created herein may be amende'd from time td tkne provided such amendment is in writing, executed by the then-owners of all four of the abOve-desCribed lots,. and is filed for record in the Office of the Carver County Recorder. There are hereby created for the benefit of the respective owners'of the above-- described property the following two permanent easements' Easement No. 1 Easement No. 1 shall be over, above, and below' ~he following described property: That part of CROSSROADS PLAZA THIRD ADDITION, Chanhassen, Minnesota, according to the plat thereof on file in the office of the County Recorder, Carver County, Minnesota, described as follows' The southerly 40.00 feet of the easterly 20.00 feet of Lot 1, Block 1, the southerly 40.00 feet of the westerly 20.00 feet of Lot 2, Block'l, the westerly 20.00 feet of Lot 3, Block 1 and the easterly 20.00 feet of Lot 4, Block 1. This Easement No. 1 shall.be for' access and utility purposes and shall be. appurtenant - to each of the four above-described lots to provide the owner of each such lot with utility rights with/n Easement No.1 , as well as access fights over and across Easement No. t to gain access to the public street appurtenant to Lots 3 and 4, as .well as for each lot to gain access to the other three lots in.order to utilize the cross-parking easement, Easement No. 2 as hereinafter set forth. ; Easement No. 2 Easement No. 2 is a cross-parking easement to Provide the fight to the owner of each of the four above-described lots parking privileges upon that portion of the Other three lots improved and utilized for parking purposes. TtSs cross-parking easement shall' not create any encumbrance on any portion of the above-described four lots upon which, buildings or structures have been established. It is anticipated that this cross-parking easement shall encumber the parking areas on each lot substantially as set forth in the site plan for this subdivision as adopted by the Housing and."Redevelopment Authority in and 'for the City of Chanhassen on November 13, 1995, as the same is from time to time modified or amended. 29217.02 DECLARATION oF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS ("Declaration~) is made as of this ~.,[~r- day of December, 1995 by CITY OF CHANHASSEN, a municipal corporation under the laws of the state of Minnesota (hereinafter called "DeclarantD. RECITALS: A. Declarant is the owner in fee simple of ceftin real property located in Carver' · County, Minnesota, legally described as: Loa 1, 2, 3 and 4, Block 1, CROSSROADS PLA7~k 3RD ADDITION (hereinafter called the ~Subject Property"). NOW, THEREFORE, Declarant does hereby declare that the Subject Property shall be held, improved and utilized subject to the following restrictions, which shall perpetually encumber the Subject Property, shall run with the Subject Property and shall be binding upon ail parties having any right, title or interest in the Subject Property or any part thereof, and their successors and assigns (any of said parties hereinafter individually called a "Burdened Party~, and collectively called the "Burdened Parties"), and shall inure to the benefit of Declarant. . . 1. Except as otherwise consented to in writing by Declarant, the following, shaI1 be permitted and non-permitted uses: Permitted Uses: ao e, g. h. i. Retail shops; Specialty retail; - Apparel sales; Auto service center with no outside storage of cars, fires or parts (no more than one); Day care that would be incorporated in the retail center;- Restaurant/bar having at least 180 seats (no more than two); Health care facility; Professional business and administrative offices; or Dry cleaning. Non-Permitted Uses: Body shops; Car/boafftruckTtrailer sales; Car wash; Convenience store with or without gas pumps; ._ e~ g. h. i. j. k. I. IT1. Il. Fast food restaurants; Bank; Equipment rental; Garden center; Lumber yard; .Temporary uses of any kind; Wholesale nursery; Free-standing day care; Liquor store; or Hotels/motels. 2. Ali exterior surfaces of the building shall be compoged of at least eight percent (80%) face brick, stone or glass. The following materials shall not be alIowed as a visible exterior application. ! a. Exposed concrete or "cinder" block; b. Decorative concrete block; c. Painted brick; d. Fabricated/corrugated metal; or e. Precast concrete materials. · 3. All architectural designs must conform with City of Chanhassen ordinance No. 212, as amended from time to time. 4. Outside trash containers and satellite dishes or antennas shall be screened or enclosed as required by Declarant. Ventilation and air condition!rig equipment on the roof of any building shall be hidden from view by parapets or, if on the ground, shall be screened or enclosed as required by Declarant. 5. Landscaping installation must be accompanied by an underground irrigation system and a one year plant guaranty to cover replacement cost of nonsurviving 'plants. 6. This Declaration may only be amended, modified or supplemented by the combined written approval of the Declarant and all of those entities who are owners of the Subject Property at the time such amendment, modificati'on or supplement is proposed. 7. Each of the four lots affected by this Declaration shall be responsible for and shall pay one-quarter of the' cost of construction of the roads, driveways, and utilities as shown on Exhibit "A". It is anticipated that. the owner of Lot I, Block 1, Crossroads Plaza 3rd Addition, as the first purchaser of any..lot affected by this Declaration shall commence construction of roads, driveways, and utilities envisioned by this paragraph, which contraction is hereby authorized. Declarant agrees ihat the sales of Lots 2, 3, and 4, Block 1, Crossroads Plaza 3rd Addition, shall obligate such purchasers to pay their share o_f such costs, including engineering, administration, and holding costs as part of the closing on any such. lot. Upon such payment, the owner of Lot 1, shall execute and appropriate release indicating that this obligation has been satisfied~ Neither the City of Chan. hassen nor the Declarant shall be responsible for payment of any costs referenced in this paragraph over and above Declarant's obligations as hereinbefore set forth. restrictions set forth herein shall 'expire on the date which is the thirtieth anniversary of the . date hereof. ... - .-. · . 9. Any notice required or permitted hereunder to be sent to Declarant shall De mailed by United States registered or certified mail, return receipt requested, postage prepaid, properly addressed as follows: . · City of Chanhassen 690 Coulter Drive, pO Box 147 Chanhassen, MN 55317 ... or any other address designated by Declarant by recording notice of such address. Any Plans or notices mailed to Declarant in accordance with this Section 9 shall be deemed to have been received by Declarant on the date which is the third business day after any such Plans or notice has been deposited in the mail. Notwithstanding any provisions herein to the contrary, this Declaration and the 10. Declarant and any subsequent owner of any lot subject to this Declaration shall have the right to enforce the provisions of this Declaration through any proceedings, at law or inequity, against any person or persons violating, or attempting to violate, the provisions of this Declaration, either to prevent such violation or breach or to recover damages for such violation or breach. 11. The restrictions contained herein shall be deemed and construed to be continuing and no waiver of any breach of any of such restrictions shall be construed to be a waiver of any other'breach of the same, nor shall failure to enforce the restrictions cofltain~d herein be construed as a waiver of such restrictions .: IN WITNESS WHEREOF, Declarant has made this Declaration as of the date and year first above written. CITY OF CHANHASSEN lt- STATE OF MINNESOTA ) COUNTY OF CARVER ) This instrument was acknowledged before me this ,2~/"day of ~)~, ~ ~ t~t..,x, , 1995 by Donald J. Chmiel, the Mayor, and Don Ashworth, the City Manager. for the CITY OF CHANHASSEN, a municipal corperation under the laws of the State of Minnesota. .. THIS INSTRUMENT WAS DRAFTED BY: .. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve. Eagan, MN 55121 Telephone: (612) 452-5000 JRW 12668/380 DEC 21 '~5 1G:OZ I 3S & MOMROE EX}{IBIT A EST1-M~TE OF COSTS A. This Estimate o£ Costs is provided pursuant toparagraph 7 of the Declaration of Restrictions ("Declaration.) to be equally shared by owners of the lots subject to the Declaration. .The costs listed below are estimates based upon engineer's calculations, and are to be equally shared by the owners of all lots subject.to the Declaration in the manner set forth in paragraph 7 of the D~claration. At such time as the final costs are'determined, an amendment to the Declaration shall be executed, replacing, this Exhibit A in its entirety~ and'said Amendment shall be recorded against the lots subject to the Declaration. · 'In uhe event that the Housing and Redevelopment Authority desires to transfer tiule to a lot' subject to this Declaration prior to the determination and execution of the Amendment to the Declaration replacing'this Exhibit A, then the purchaser of said lot shall pay an amount based on this Exhibit A with an ~dj~stmen~ zo be made at sUch time as the final figures are available. In no event shall the owner of any lot subject tolot the.Declaration be ob!igated to p~¥ more than an owner of another T~T _AL .C_QST ESTI.MAT~ Street Improvements: Sanitary Sewer: Water Main: Erosion Control: Storm Sewer: Site Grading: Construction Staking, Inspection, As-Built Drawings Legal/Administrative/Bond Construction Contingency $ ss, ooo 20,000 20,000 6,500 25,000 10,000 ~'- 12,000 10,000 $!58,000 .. 15~000 $173,500 B. Each lot owner shall pay to the owner of Lo~ I a holding cost (interest accruing at a rate of eight percent (8%) per annum) calculated from the time that the base course 'of asphalt is completed until such time as that lot owner reimburses to the owner of Lot 1 the costs pursuant to this Exhibit A or any subsequen~ amendment to Ex~it A. The completion date for the base course of asphalt shall be determined by ce=~ification from the archit~ct associated with the owner of Lot 1. .. T\~ ~\z~\occ\cosTs. ZIA o : PARKING AND ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made as of the 3rd day of June, 1996, by and among APPLE AMERICAN.LIMITED PARTNERSHIP OF MINNESOTA ("Apple"), a Minnesota limited partnership; AMERICANA COM/47JNITY BANK ("Bank"), a Minnesota state banking institution; TOM-DON REAL-ESTATE HOLDINGS, INC. ("Tires Plus"), a /~/~~. corporation; and THE CITY OF CHANHASSEN ("city"), a Minnesota municipal corporation.. WHEREAS, Apple owns the tract of land legally described on Exhibit A attached hereto and made a part hereof and shown as "Lot 4" on Exhibit B attached hereto and made a part hereof; WHEREAS, Bank owns the tract of land described on Exhibit A-1 attached hereto and made a part hereof and shown as "Bank Lot" on Exhibit B; WHEREAS, Tires Plus owns the tract of land described on Exhibit A-2 attached hereto and made a part hereof and shown as "Lot 1" on Exhibit B; WHEREAS, city owns the tracts of land described on Exhibit A-3 attached hereto and made a part hereof and shown as "Lot 2" and ~Lot 3" on Exhibit B; ~NEREAS, Lots 1, 2, 3 and 4 and the Bank Lot are herein individually referred to as a "Lot" and collectively referred to as the "Entire Premises"; and WHEREAS, the parties desire to establish certain easements in respect to the Entire Premises and/or portions thereof. NOW, THEREFORE, in consideration of mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I EASEMENTS 1.01. Ingress and Egress. Each party hereby grants and conveys to each of the other parties, for their use and the use by their respective agents, employees, tenants, contractors, customers and invitees, a non-exclusive easement appurtenant to and for the benefit of each Lot owned and/or leased by each party for the ingress and egress by vehicular and pedestrian traffic (but not parking) upon, over and across the parking areas, driveways, curb cuts and sidewalks (collectively, the "Parking and Access Facilities") from time to time located on the respective Lots; PROVIDED, HOWEVER, Bank and Tires Plus agree not to close, materially change or relocate that portion .of the Parking and Access Facilities shown hatched on Exhibit B and legally described on Exhibit D attached hereto and made a part hereof (the "Access FURTHER, that no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for purposes herein permitted shall be erected or permitted within or across Parking and Access Facilities. Tires Plus shall, at its sole cost and expense, construct the portion of the Access Area located on Lot 1. Apple shall, at its sole cost and expense, perform all work ("Apple's Work") required to construct (i) the portion of the Access Area located on the Bank Lot and (ii) a sidewalk (the "Sidewalk") to be located on the south side of the island~ (the "Island") defining the south side of the curb cut on the Access Area. Such construction shall be performed in accordance with good construction practices so as to provide for a smooth, continuous and integrated common driveway. Bank hereby grants to Apple such temporary construction easements on the Bank Parcel as are reasonably necessary to perform Apple's Work. 1.02. Parking. Apple hereby grants and conveys to Bank, for its use and the use by its agents, employees, tenants, contractors, customers and invitees (collectively, "Bank's Permittees"), a non- exclusive easement for vehicular parking on that portion of the Parking and Access Facilities located on Lot 4 which is shown cross-hatched on Exhibit B, such easement to be appurtenant to and for the benefit of the Bank Lot; PROVIDED, HOWEVER, Bank shall limit its use of such parking area to Monday through Friday between the hours of 7:00 am and 5:00 pm; PROVIDED, FURTHER, Bank shall use' all reasonable efforts to cause Bank's Permittees to comply with the foregoing limitation. Bank hereby grants and conveys to Apple, for its use and the use by its agents, employees, tenants, contractors, customers and invitees (collectively, "Apple's Permittees"), a non-exclusive easement for vehicular parking on the Parking and Access Facilities located on the Bank Lot, such easement to be appurtenant to and for the benefit of Lot 4; PROVIDED, HOWEVER, Apple shall limit its use for parking of such Parking and Access Facilities to Monday through Friday between the hours of 5:00 pm and 2:00 am and all day Saturday and Sunday; PROVIDED, FURTHER, Apple shall use all reasonable efforts to cause Apple's Permittees to comply with the foregoing limitation. ARTICLE II INSURAlqCE PROVISIONS 2.01. Insurance. Each party agrees to maintain liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Parking and Access Facilities within its Lot with a "Combined Single Limit" (covering bodily injury liability and property damage) of no less than One Million Dollars ($1,000,000.00). Such insurance may be in the form of blanket liability coverage applicable to such party's Lot and other property owned or occupied by such party carrying such insurance coverage (or the responsible parent, subsidiary or affiliated companies of such party). Each party as indemnitor shall, subject to the terms of Section 2.02, indemnify, defend and hold harmless the other' parties from all claims, demands, liabilities, losses, costs and expenses with respect to the negligent and/or wrongful acts or omissions of the indemnifying party relating to maintenance, use, operation and occupancy of any part of the Premises and/or with respect to this use by the indemnifying party, its agents, employees, tenants, contractors, customers and invitees of the easements granted in Article I. Suck indemnity shall not apply to the extent of any loss or claim due to or arising from the negligent or wrongful acts or omissions of the indemnified party. Notwithstanding anything to the contrary contained in this Agreement, the obligations and liability of the City shall be subject to applicable state statutes, including, without limitation, Chapter 466 of Minnesota Statutes 1994. 2.02. waiver of Subrogation. Anything herein contained to the contrary notwithstanding, it is agreed that each party (the "Releasing Party") shall release the other (the "Released Party") from any liability which the Released Party would, but for this paragraph, have had to the Releasing Party during the term of this Agreement resulting from any accident or occurrence or casualty (i) which is or would be covered by an All-Risk Policy or a DIC Policy irrespective:of whether such coverage is being carried by the Releasing Party, or (ii) which is covered by any other casualty or property damage insurance being carried by the Releasing Party at the time of such occurrence, which casualty may have resulted in whole or in part from any act or neglect of the Released Party, its officers, agents or employees; provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party wishes to place such insurance with an insurance company which (y) takes the position that the existence. of such release vitiates or would substantially adversely affect any policy so insuring the Releasing Party and notice thereof is given to the Released Party, or (z) requires the payment of a higher premium by reason of the existence of such release, unless in_the latter case the Released Party within 20 days after notice thereof from the Releasing Party pays such increase in premium. ARTICLE III MAINTENANCE PROVISIONS 3.01. Maintenance. Each party shall, at its sole cost and expense, maintain the Parking and Access Facilities on its Lot at all times in good order, condition and repair, reasonably free of ice, snow and debris; provided, however, Apple shall, at its sole cost and expense, maintain the Island (including, without limitation, all landscaping thereon) and the Sidewalk (including, without limitation, snow removal therefrom). ARTICLE IV MONUMENT SIGN 4.01. Monument Sign. Apple and Tires Plus agree that a monument sign (the "Monument Sign") will be placed on Lot 4 at a location to be agreed to by Apple and Tires Plus and approved by the City. The Monument Sign shall be utilized, operated and maintained by Apple and Tires Plus. Subject to the approval of the City, the Monument Sign shall be as set forth on Exhibit C attached hereto and made a part hereof. The cost of construction of the Monument Sign shall be split equally between Apple and Tires Plus; PROVIDED, HOWEVER, that Apple and Tires Plus shall each pay the cost of its respective sign letters, sign can or sign face, as applicable (the "Individual Sign"). The initial construction of the Monument Sign shall' be performed by Apple. Tires Plus will immediately reimburse.Apple for one-half of the cost thereof. Tires Plus will have the option, if the Monument Sign is not constructed within one hundred twenty (120) days after the date that Apple acquires title to Lot 4, to construct the Monument Sign in accordance with Exhibit C or as approved by the city. Apple shall reimburse Tires Plus for its half of the cost of construction of the Monument Sign at such time as Apple places its Individual Sign on the Monument Sign. Electricity for each party's Individual Sign shall be separately metered, with Apple and Tires Plus each responsible for the costs associated with its respective meter. Any subsequent maintenance of the'Monument Sign shall be split equally between Apple and Tires Plus. Apple hereby grants to Tires Plus and its successors and assigns such easements on the Apple Parcel as are reasonably necessary for Tires Plus to fulfill its obligations and exercise its rights as set forth herein. ARTICLE V DEFAULT -- 5.01. Right to Cure Defaults. I'f any party (a "Defaulting Party") fails to perform any agreement or Obligation on its part to be performed under this Agreement, any other party (a "Non- Defaulting Party") shall have the right (i) if no emergency exists, to perform the same after giving 15 days notice to the Defaulting Party; and (ii) in any emergency situation to perform the same immediately without notice or delay. If not paid, the Party correcting the same shall have a lien on the Tract of the Defaulting Party for-such amount in default, which amount shall bear interest at the "Interest Rate'' (as hereinafter defined) 'from the due date until paid. As used herein, the term "Interest Rate" shall mean a rate of interest per annum equal to the then published "Prime Rate" of Citibank, N.A., plus three percent (3%), or the highest rate permitted by law, whichever is lower from the due date therefor until date of payment. Furthermore, the other parties shall have a lien on the Lot of the Defaulting Party for such amount in default, which amount shall bear interest at the Interest Rate from the due date until paid, provided that if there be a good-faith dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be.no right to place a lien on the Lot of the Party deemed to be in 'default until such dispute is settled by final court decree or mutual agreement; provided, however, notwithstanding the foregoing, the parties acknowledge and agree that applicable law prohibits the filing of a lien on property owned by the City. For the purpose of rectifying a Defaulting Party's defaults as aforesaid, the Non-Defaulting Party shall have the right to enter the Defaulting Party's Lot. The Defaulting Party shall on demand reimburse the Non-Defaulting Party for the reasonable costs and expenses incurred by thereby in rectifying the Defaulting Party's defaults as aforesaid, including reasonable attorney's fees. Except for the willful act or negligence by the Non-Defaulting Party, the Non-Defaulting Party shall not be liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to the Defaulting Party or anyone holding under it for any action taken pursuant to this Section Any act or thing done pursuant to this Section shall not constitute a waiver of any such default or a waiver of any covenant, term or condition herein contained or the performance thereof. 5.02. Lien for Ek~Denses. The liens provided above may be filed for record by the curing Non-Defaulting Party as a claim of lien against the Lot of the Defaulting Party in the same manner and with the same priority as a mechanic's lien in the jurisdiction in which the Entire Premises is located. ARTICLE VI MISCELLANEOUS 6.01. Notices. Any notice, consent, payment, demand, offer or communication ("Notice") required or permitted to be given by any prSvision of this Agreement must be in writing and shall be deemed to have been sufficiently given or served for all purposes if in writing and personally delivered, sent by registered or certified mail, postage and charges prepaid, or by Federal Express or other reputable overnight courier or delivery service, addressed as follows: If to Apple: Apple American Limited Partnership of Minnesota 4551 W. 107th Street, Suite 100 Overland Park, KS 66207 Attention: Robert T. Steinkamp If to Bank: Americana Community Bank 600 W. 79th Street Chanhassen, MN 55317 Attention:' Randy Schultz If to Tires Plus: Tom-Don Real Estate Holdings, Inc. c/o Donald M. Gullett 701 Lady Bird Lane Burnsville, MN 55337 If to city: city of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attention: City Manager Ail Notices shall be deemed duly given as of the date they are deposited in the United States mail or sent by overnight courier as hereinabove provided; however, the time period in which a response to any such Notice must be given shall commence to run from the date of receipt by the addressee thereof as shown on the return receipt of the Notice. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice was given, shall be deemed to be receipt of the Notice as of the date of such rejection, refusal or inability to deliver. 6.02. Assignment. Each party, without consent from the other parties, shall have the right to assign all of its rights, responsibilities and obligations set forth in this Agreement to another party. 6.03. Governinq Law. This Agreement and the obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. 6.04. Duration of Agreement. This Agreement shall remain in effect for a period of fifty-five (55) years from the date on which this Agreement is recorded, after Which time they shall be automatically renewed for ten year periods unless the parties elect in writing not to so renew and shall expressly terminate these covenants by written instrument, recorded in the public records of the county in which the Entire Premises are located. 6.05. Realty. Each party shall pay, or cause to be paid prior to delinquency all real estate taxes and assessments which may be levied, assessed or charged by any public authority against such party's Lot, the improvements thereon or any other party thereof.. 6.06. Binding Effect. All of the limitations, covenants, conditions, easements and restrictions contained herein shall attach to and run with each Lot and shall benefit or be binding upon the successors and assigns of the respective parties. This Agreement and all the terms, covenants and conditions herein contained shall be enforceable as equitable servitude in favor of said Lots and any portion thereof. 6.07. Estoppel Certificate. Any party may, in connection with the financing, sale or transfer of such party's Lot, deliver written notice to the other parties requesting such party to certify in writing that to the best knowledge of the certifying party, the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to described the nature and-amount of the defaults. Each party receiving such request shall execute and return such certificate within twenty (20) days following the receipt thereof. The parties acknowledge that such certificate may be relied upon by the third parties designated in the request by the party requesting such certificate. 6.08. Legal ExDenses. In case suit shall be brought because of the breach of any agreement or obligation contained in. this Agreement on the part of any party to be kept or performed, and a breach shall be established, the prevailing party shall be entitled to recover all expenses incurred in connection with such suit, including reasonable attorneys' fees. 6.09. Effect on Sale by Party. If any party in the Entire Premises sells all or part of the Lot owned by it, other than to perfect a sale and leaseback (or other similar financing) of such property, then, from and after the date of sale, Such party shall have no further obligation under this Agreement with respect to such Lot sold; PROVIDED, HOWEVER, the selling party shall remain liable for obligations incurred prior to the sale. All conveyances of all or any portion of the Entire Premises subsequent to the date hereof shall recite that they are subject to the terms and provisions of this Agreement. 6.10. Existing Agreements. Nothing in this Agreement shall be deemed to alter, modify or amend the Declaration of Restrictions dated December 21, 1995 by the City or the Declaration of Cross AcCess, Utility and Parking Easements dated December. 21, 1995 by the City. 6.11. counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 6.12. WAIVER OF JURY TRIAL. EACH PARTY HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA By: Gourmet Systems of Minnesota, Inc., a Minnesota co~.?~~on, General Partner Robert Secret AMERICANA COMITY BANK By: Name: Title: TOM-DON REAL ESTATE HOLDINGS, INC. By: Donald M. Gullett, President CITY OF CHANHASSEN Don Ashworth IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA By: Gourmet Systems of Minnesota, Inc., a Minnesota corporation, General Partner By: Robert T. Steinkamp, Secretary/Treasurer }2.[ERIC}2~A COMMErNITY BA2~K By' Name- Title: TOM-DON REAL ESTATE HOLDINGS, 'INC. '~onald M. Gul~tt, .S e._.cre tary CITY OF CHANHASSEN By: Donald J. Chmiel, Mayor By: Don Ashworth, City Manager - thy. 31. 1996 APPLEJ~EE$ INT'L-LEGA No. ?034 P. 9/18 IN WITNESS WHtStEOF, the parties have executed this Agreement as of the date first above written. · APPLE AMERICAN LIMITED PA/ITNERSHIP OF MINNESOTA- By: Gourmet Systems of Minnesota, !nc., aMinnezota corporation, General Partner Robert T. S-teinkamp, Secretary/Treasurer ~ICANA COFR~ONITY BANK Nama: Randall P. ~chultz Title: President TO~-DON REAL ESTATE HOLDINGS, INC. By: Dofiald M. President CITY OF CHANKASSEN By: Donald J; chmiel, M~yor Don Ashworth, City Manager STATE COUNTY The ~oregoing instrument was acknowledged before me this~~ day ' of ~as~,~ f1996 by Robert T. Steinkamp, the Secretary/Tre er o GOURMET SYSTEMS OF MINNESOTA, INC., a Minnesota corporation, the GeneraI Partner of APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, a Minnesota limited partnership, on behalf of the partnership. JANICE F. HAAS Notary Public · State o1' My ^ppt. Expires: ~. -.,.,/- STATE OF [~ )  ) ss. COUT~TY OF ) ~he foregoing instrument was acknowledged before me this day Ydf~~ , 19 9 6 by , the of AMerICANA COMlfUNITY BANK~, a Minnesota state banking institution, on bek~lf of the institution. Notary Public STATE OF ) ) ss. COUNTY OF ) The ~oregoing instrument was acknowledged before me this day of , 1996 by Donald M. Gullett, the President of TOM-DON REAL ESTATE HOLDINGS, INC., a corporation, on behalf of the corporation. Notary Public STATE OF ~//~4-~~ ) ). ss. cOUnTY OF ~U~~/ ) z~ayor .0 i~y manager, respecsively, of the CITY OF C~SSEN, a pursuant to the authority granted by its City Council. CARVER COUNTY My ~ E.x~es Jan. 31,200o STATE OF MINNESOTA COUNTY OF . DAKOTA The foreg, oing inst. rument was acknowledged before me this 31 day of May , 1996 by Donald M. Gullett, theSecret~ry of TOM-DON REAL ESTATE HOLDINGS, INC., a behalf of the corporation. Minnesota corporation, on Notary Public STATE OF ) ) ss. C ObT.~T Y OF ) The foregoing instrument was acknowledged before me this day of , 1996 by Donald J. Chmiel and Don Ashworth, the Mayor and City Manager, respectively, of the CITY OF C~SSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its city Council.. Notary Public · May. 31.1§9§ S:IEPM APPLEBEE$ INT'L-LEGA . No. ?034 P. 10/18 STATE OF ) couF~ o~ ) 'tl~e foregoing instrument was acknowledged before me this day of , 19. 9 6 by Robert T. Steinkamp, t. he Secretary/Treasurer of GOURMET SYSTEMS OF ~SOTA, INC., a Minnesota corporation, the General Partner of APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, a Minnesota limited partnership, on behalf of the partnership. Notary' Public The foregoing ~nstrument~ a.ckno~ledged_ be. fg$~9 me_th_is ~ -~ of ~~A C0~ITY ~',' a ~asota state ba~ng ~n~titut~on, on b~alf of ~a institution. Notary P~blic EXHIBIT A Lot 4, Block 1, CROSSROADS PLAZA 3RD ADDITION, according to the recorded plat thereof, Carver County, Minnesota. Lot 1, Block 1, CROSSROADS PLAZA 2ND ADDITION, according to the recorded plat thereof, Carver CountY, Minnesota. EXq~IBIT A-2 Lot 1, Block 1, CROSSROADS PLAZA 3RD ADDITION, according to the recorded plat thereof, Carver County, Minnesota. · E~IBIT A-3 Lots 2 and 3, Block 1, 'CROSSRO~/DS PLAZA 3RD ADDITION, according.to the recorded plat thereof, Carver County, Minnesota. 'i I I EXT{IB IT D EASENFENT FROM TIRES PLUS.: An easement for acce'ss purposes over and across the south 24' of lot 1, block I, CROSSRoADs PLAZA 3~r~ ADDITION, a.s recorded in Carver County, Minnesota EASEMENT FRONI AMERICAN NATIONAL BANK A 24' easement for access purposes, over and across Io[ I, block I, CROSSROADS PLAZA 2sc> ADDITION, the centerline of said easement is described as follows: Commencing at thc southe~t comer of said lot I, block l; thence N10°55'06'' W along the east line of'said lot I a distance of 152.73' to ~e point of'beginning of the centerline to be described; thence S 79°04'54;' W a distance of 41.94'; thence S 10o04, 03" E a distance of 82.59'; thence S 13°38'21''W a distance of 36. !)7' to the south line of said lot 1, and said centerline there terminating.