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2 Chan Cinema ExpansionCITYOF 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General tax 612.937. 5739 Engineering Fax 612.937.9152 Public Safe(y Fax 612.934.2524 Web wwu: ci. chanhassen, mn. us MEMORANDUM TO: FROM: DATE: RE: Planning Commission Sharmin A1-Jaff, Senior Planner July 28, 1999 Cinema Expansion Update At the July 7, 1999 Planning Commission meeting, the Cinema expansion project was reviewed and action was tabled. There were a number of issues raised by the commission. The main issue for tabling this application dealt with traffic issues (access from the cinema site to Great Plains Boulevard). It was discovered at the meeting that the Bloomberg Company did not wish to grant a cross access easement for the construction ora driveway through the dinner theater property out to Great Plains Blvd. All the traffic studies assumed and/or recommended that this connection would take place. The Economic Development Authority approved TIF for the project contingent upon approval of the architecture and an east/west access road. The Planning Commission wanted to see a traffic study regarding the impacts of not having the east/west connection to Great Plains Boulevard. Since the Planning Commission meeting, the applicant offered two compromises to remedy the situation (see attached letter from applicant). The first is to have off-duty police officers direct traffic from 6:00 to 10:00 p.m. during the theater's busiest days. The second is to provide the access without a cross access agreement. Staff explained that neither option was acceptable (see attached letter from staff). Having an off-duty police officer direct traffic is a short term solution to a long term problem. As to the width of the driveway connecting to Great Plains Boulevard, the driveway must be an unimpeded 26 feet wide on a 30 foot driveway easement with a cross access agreement. It is staff's opinion that the approval for the reduction of the required number of parking stalls was contingent upon a shared parking arrangement and cross access agreements. To date this issue has not been resolved. This is a significant issue because the original parking study was for 2,400 seating. This project has 2,800 seating. We also recognize that the applicant wants to use a different seat/car ratio. Again, sharing arrangements/cross access agreements is essential for this project to be approved. Planning Commission July 28, 1999 Page 2 Other issues included the applicant demonstrating the location of where excess cars will park and( assurance that there is a place for them, the 95% hard surface coverage and if that cOuld be ~ ~ reduced, pedestrian circulation, board walk, and materials on the building. There is no update one - any of these issues. .- - If the Planning Commission wants to modify the site plan to ensure these items are addressed, ~? : staff would recommend the conditions of approval be amended. Based on the application time iix limits, staff is requesting that the Commission make a recommendation to the City Council to ~ ~ ensure the timeframe is being met. ~- ... ATTACHMENTS 2. 3. 4. 5. Staff report Letter from Robert Copeland dated July 12, 1999. Letter to Robert Copeland dated July 14, 1999. Public hearing notice and property owners list. Planning Commission minutes dated July 7, 1999. g:~planksa\cinema.2.doc CITY OF PC DATE: 7 7 99 8-4-99 CC DATE: 7 26 99 8-23-99 CASE #: 95-21 SPR By: A1-Jaff:v STAFF rEPort PROPOSAL: LOCATION: APPLICANT: 1) 2) 3) Site Plan Review to demolish the existing Chanhassen Bowl/Filly's building and construct 8 movie screens and a retail element Variances to allow Non-Street Frontage Signs, Marquee sign, and Hard Surface Coverage Prelim/nary Plat approval to replat two lots and three outlots into tWo lots and one outlot, Cinema Addition. North of the railroad tracks and Pauly Drive, East of Market Boulevard and south of Country Suites Chanhassen Properties, LLC 5300 Highland Greens, Suite 200 Bloomington, MN55437 Attn.: Mr. Bob Copeland (o ! g)~Jg-3 JOg PRESENT ZONING: ACREAGE: DENSITY: BG, General Business District Approximately 2.617 acres N/A ADJACENT ZONING AND LAND USE: WATER AND SEWER: PHYSICAL CHARACTER.: 2000 LAND USE PLAN: N - CBD, Central Business District S - CBD, Central Business District E - CBD, Central Business DistriCt W - PUD, Planned Unit Development/Market Square Available to the site. Generally a level parcel with an existing building and parking lot. Commercial Chanhassen Cinema July 7, 1999 Page 2 BACKGOUND AND ARCHITECTURE The applicant is proposing to demolish the existing Chanhassen Bowl/Filly's building and construct eight movie screens and a retail element. The site is located north of the railroad tracks and Pauly Drive, east of Market Boulevard, west of the Frontier Building and South of West 78th Street and Country Suites Hotel. The site is zoned BG, General Business District and has an area of approximately 6.3 acres including the existing Cinema and the parking lot surrounding the site which is owned by the City (or 2.617 acres when calculating the cinema and retail addition and parking area immediately adjacent to the proposed addition). The site is fairly level with an existing building, parking lot, and bus shelter. It is guided commercial. The City's vision for this area has always been entertaimnent. In 1996, the City reviewed a proposal to remodel the Bowling Alley/Filly's building and the Frontier Building into an Entertainment Center which was proposed to include eight movie theaters, Pauly's Sports Bar and Restaurant, the bowling alley, some retail stores and restaurants. The project was proposed to be constructed as an Entertainment Complex. Shortly after, the City approved phasing of the project since not all parties were ready to proceed. The first phase included the construction of an eight screen movie theater. The second phase was the remodeling of the Frontier Building. Since then, the project has been at a stand still. The applicant is proposing a new concept that has some elements of the original plan. The proposal calls for demolishing the entire building located west of existing Chanhassen Cinema, expanding the number of movie screens to 16 and adding 9,000 square feet of retail space. Theaters are a permitted use in the district and staff recognizes and supports the importance of bringing the entertainment element to the downtown. We also recognize that an entertainment area needs more than just the theater element; hence, the retail element. The original plan reflected a boardwalk surrounding the entertainment center. This element has been modified by providing a plaza instead of an elevated boardwalk. The boardwalk served two functions. The first was to allow pedestrian traffic to move around the building without interference with vehicular traffic. The second purpose was the fact that this boardwalk was elevated approximately six feet helped disguise the height of the building. A railing surrounds the existing cinema boardwalk. This railing is being reintroduced along the south elevation. The theme of decorative light fixtures that are currently being used at the cinema are carried into this portion of the project. This item was proposed to appear before the Planning Commission on May 5, 1999. Staff raised some issues such as alley design/fire code-exterior facade - materials-cinema entrance-site access/Pauly Drive extension-parking lot drive aisle width-number of parking stalls during peak seasons-landscaping-street furniture-building code as it relates to size ofbuilding-signage - (red led) electronic boards-number of signs on marquee-color on marquee, and recommended tabling the item. The plans have been revised to address these issues. Chanhassen Cinema July 7, 1999 Page 3 Materials on the building are comprised of painted precast panels, field brick, accent brick, stucco, and rock face block. To adequately address this project, staff will break down the site into three portions (existing cinema, new cinema, and retail element.). EXISTING CINEMA The existing eight screen theater has a precast exterior finish. The applicant is proposing to paint the existing precast a dark brown color to match the color of brick used on the new retail and cinema addition. The existing marquee sign is proposed to be removed and replaced with an awning. A windowsill is proposed to be added to improve the appearance of the existing light box at the entrance of the theaters. Staff enclosed an attachment that illustrates our expectation of the appearance and construction ora window with a windowsill. All windows, including those appearing on the retail addition should follow that method of construction. The existing entrance is proposed to be abandoned and the lobby space turned into a space for lease'as office or retail. The existing pilasters shapes are proposed to be modified by projecting them four (4) inches. There are some rooftop equipment units that have been moved to the east of the building. This happened after the City allowed the applicant to occupy the building. These units must be screened from views. Additional landscaping is proposed along the east sidewalk of the cinema (adjacent to the existing alley).. NEW CINEMA The new theater addition is proposing eight additional screens to the existing eight screen theater. The exterior material on this section of the building is field brick, accent brick and precast EIFS accents. The building is capped by a forest green cornice matching the existing theater. Below the cornice is a "DENTIL BLOCK" imitation, which is an ornamental molding composed of a series of evenly spaced small blocks usually placed under a cornice or overhang. These squares have a 3'x2.5' dimensions. Staff expects this element, when built, to actually have a minimum projection of one third the height of the block (1 foot). The entrance into the theater is being moved to the south. This will provide for a prominent presence for the theaters. The design of the marquee sign is festive and towering. The word "CINEMA" appears in yellow letters with a forest green background on the main tower. The word "CHANHASSEN" is displayed on the sides of the marquee. The front portion of the marquee sign will advertise the names of the movies, rating, and time playing. There is a chasing light element on the sign which will add to the festive component of the use. The rear of the marquee sign is proposed to utilize the same forest green as the cornice. The exterior material above the marquee sign is precast EFIS. The glass doors provide an entrance into the theater lobby. The aluminum surrounding the glass wall is forest green to match the cornice. The entrance is framed by to brick columns. The base of the brick pilaster is concrete block to match the existing retaining wall south of cinema. The entrance projects by 30 feet. The wall west of the entrance, which will house the Chanhassen Cinema July 7, 1999 Page 4 theaters, utilizes field brick, base concrete block, and precast EFIS accents. Columns similar to those shown on the existing theater are shown on the addition. These columns will project by 4 inches. The coming attraction display windows are similar in shape and design to the light box above the existing entrance into the theaters. Again, staff expects this element to resemble an actual window, recessed into the wall. At the base of the coming attraction display windows are landscape boxes, fenced by the same railing currently used at the existing theater. The metal frame around the poster display area and the railing are forest green. Three light fixtures, identical to those used at the existing cinema are located between the new attraction posters display windows. At the base of the railing, the applicant is utilizing concrete block. Separating the theater addition from the retail element is a 10 foot wide alley way. This alley will serve as an exit way for the theaters and service doors for the retail. The walls are proposed to be constructed of painted block. There is an arch at both sides of the alley and is capped by a forest green cornice. Staff recommends the addition of supporting columns below the arch. The alley is functional. RETAIL ELEMENT The retail element consist of 9,000 square feet building. The plans show 9 retail units however, there is a possibility that one tenant could occupy three units. Some of the retail spaces have awnings above the entrances, others are glass. All metal on the retail element (window frames, doors, cornices, and pitched roof element are forest green. All windows on this building will have to be constructed in a fashion that resembles windows as shown in Attachment 1. The exterior material used on the retail element consist of field brick, accent brick, precast EFIS and base concrete block. The four retail spaces labeled (BOOK WORM, ARTS SUPPLY, KIDS AND COMPUTER WORLD), have a one inch reveal in their design. In looking at the west elevation, a portion of the theater building can be seen. The material used on this potion of the building, as well as the north (facing Country Suites Hotel) is painted precast to match the field brick which is a dark brown. The trash enclosure is located west of the retail element and is proposed to be constructed of concrete block with overhang doors. All service doors are proposed to be painted to match the exterior of the building (brown or off white). Staff recommends the precast panel material be upgraded to another material of a higher quality. There is a plaza area west of the new main entrance into the theaters. It contains bike racks, and outdoor seating area. Benches are proposed along the alley between the Frontier Center. Two benches are also added along Market Boulevard and one along Pauly Drive. The new street fumiture makes the proposal more pedestrian friendly. Overall, the project is designed as a typical suburban "strip mall". The Economic Development Authority (EDA) during the January 28, 1999 meeting, reiterated that this project is receiving TIF Chanhassen Cinema July 7, 1999 Page 5 assistance. The site is located in the Highway 5 overlay district which requires higher architectural standards and materials. The use of TIF should provide for standards beyond those required by the Highway 5 overlay district (architectural design, materials, etc.). The city is involved in the project and do expect it to meet the city's high quality. PROJECT OVERVIEW City staff met with the applicant back in mid-May to address several site plan issues and to look at alternatives regarding the site plans, i.e. landscaping, hard surface coverage, number of theaters, building features, parking and traffic issues. At that meeting, the City expressed the willingness to evaluate proposed compromises on some issues and give direction on others, however, never agreed to support them until we had a chance to review the revised plans. Upon review of the overall parking layout, the plans indicate 539 parking stalls available. However, only 487 are proposed/existing including handicap stalls based on staff's review. There is a mathematical error in the tabulation of stalls on Sheet C 1. Based on review of Hoisington's study of the entertainment complex, 525 parking stalls were estimated to meet demands of the complex. This proposal is different than what was proposed in the Hoisington study and therefore staff researched additional resources on parking requirements. A Multi-Theater Parking study prepared by Parsons Brinckerhoff dated February'26, 1998 was used by the City of Plymouth to quantify the parking requirements of their 16 theater site. Staff reviewed the study and used a conservation ratio of 4.3 seats to 1 parking stall which equates to ~ 651 parking stalls based on '~ Aat~ 2,800 seats (16 theaters). This parking ratio does not include the proposed retail aspect (9,000 S.F.) which would require another 45 parking stalls. The total parking proposed (487) is gO 30% less than what is needed (592 696) to serve the site. A reduction of 440 seats in the theater complex would be necessary to coincide with the proposed parking. Traffic circulation/parking lot layout was another contentious issue. Currently, Pauly Drive is built as a city street halfway through the site. Ten year old trees (maple/ash, 6"-8" diameter) exist along both sides of the street. An 8-foot wide trail/sidewalk already exists along the north side of Pauly Drive with trees and green area. The plans propose modifying the' alignment/configuration of Pauly Drive to add more parking. This will result in retaining most of the south curb line and trees and provide 37 parking stalls. However, the north side would be totally reconstructed to provide for an east/west street to connect Market Boulevard to Great Plains Boulevard. This east/west street was recommended in the Hoisington report and the applicant's traffic study. Staff also supports the traffic study to relieve traffic congestion at the intersection of Market Boulevard and Pauly Drive from the entertainment complex. Staff'has concerns with the reconfiguration of Pauly Drive. The modifications to the bus turnaround area is not supported by staff. The proposed plans do not allow enough room for bus turning Chanhassen Cinema July 7, 1999 Page 6 movements. The bus stop eliminates the plaza area which includes green area. The existing trees and sidewalk along the north curb of Pauly Drive will be removed and replaced with a 10- foot wide sidewalk. Most of the drive aisle widths in the parking lot are proposed at 24 feet which is less than city code (26 feet wide). In conclusion, staff believes that the parking area of the site is too small for this proposal to adequately serve the parking needs. The number of theaters should be reduced to fit the site conditions. The city has a vested interest in this site and should not compromise on city ordinances. SITE GRADING The plans propose to reconfigure portions of the parking lot as well as modify Pauly Drive from the westerly access point to the site to the east. The existing Southwest Metro bus pick up/drop off zone will be impacted by this proposal. DRAINAGE The site currently sheet drains to the south where the existing storm sewer system in Pauly Drive conveys the parking lot runoff to the downtown regional stormwater pond for pretreatment prior to discharging downstream. Minor adjustments to the existing drainage improvements are proposed to accommodate the street reconfiguration. The City's Surface Water Management fees would not be applicable to this development since the property has been previously platted and all the stormwater improvements are in place. UTILITIES The City has sanitary sewer and water lines that intersect the site from east to west just south of the entertainment complex. According to the plans, the building remodeling and expansion will encroach into the City's drainage and utility easement and will actually build a portion of the structure over the existing sewer and water lines. This encroachment would not be acceptable without further modifications to the City's infrastructure. The water and sewer lines could be relocated by the applicant to avoid the encroachment/conflict. A new drainage and utility easement would have to be dedicated to the City as a result of this relocation. Existing drainage and utility easements not being used could be vacated. An alternate option would be to leave the existing sanitary sewer in place and add manhole structures on each side of the building and case the sanitary sewer pipe so in the future if a problem arises, the sanitary sewer line can be easily replaced without having to excavate underneath the building. The water line, however, will still need to be relocated from underneath the building. Both the sewer and water lines are extremely old and fragile. / Chanhassen Cinema July 7, 1999 Page 7 In conjunction with the parking lot improvements and building expansion, the existing gate valves, manholes, and catch basins on the site may require adjustments. The applicant and/or contractor shall be responsible for all adjustments necessary. The City Utility Department will require inspection of these adjustments as they occur. The applicant shall contact the City's Utility Department to coordinate the appropriate inspections. A security escrow in the amount of $25,000 shall be supplied by the applicant to the City to guarantee utility relocation/adjustments in conjunction with site plan approval. The security shall be in the form ora letter of credit or cash escrow. ACCESS/PARKING The site is accessed from Market Boulevard and PaulY Drive. There are two existing driveways off Pauly Drive and one from Market Boulevard. Pauly Drive is still a city street with a 50 foot right-of-way. Previous application for the cinema complex requested vacation of Pauly Drive back in 1996. The vacation request was approved, however, never recorded. The vacation was contingent upon the applicant providing certain things to the City and entering into a site plan agreement. Therefore, if Pauly Drive is to be vacated, it will need to go through the formal hearing process again. Pauly Drive currently dead ends at the easterly curb cut to the entertainment complex. At the east end of the cinema complex parking lot, there is a gravel surfaced driveway which serves as another access route behind the dinner theater and scene shop out to Great Plains Boulevard. According to the traffic report generated by Benshoof & Associates, Inc. dated November 11, 1998 and supplementary comments to that report dated November 18, 1998, it recommended that an unimpeded corridor (east/west) road be constructed to provide adequate traffic movements to and from the site. Based on the traffic report with this type of use, traffic will experience significant delays at the intersection of Pauly Drive and Market Boulevard (Level F). The supplementary comments to the traffic report indicated that a second option would be to provide an east/west street with parking provided on one or both sides. The second option also indicated the main benefit is to only increase the availability of parking stalls. This option does not provide the level of traffic safety desired or necessary with this development. Staff strongly recommends that an unimpeded east/west connector street from Market Boulevard to Great Plains Boulevard should be required to adequately service the cinema complex as well as future development east of the site. Attached is an example of staff's recommendation for an east/west connection. Parking shall be prohibited on both sides of the east/west street. The minimum drive aisle width should be 28 feet, face-to-face adjacent the building. Cross-access easements and maintenance agreements for cross parking should be prepared by the applicant for each business to access the site and utilize the parking lot. Chanhassen Cinema July 7, 1999 Page 8 According to City Code Section 20-1118, drive aisle widths between two rows of parking shall be a minimum ora 26 feet. Some of the drive aisles proposed do not meet this and should be modified to comply with city ordinance. Staff is also concerned about the turning radiuses for emergency vehicles. The applicant's engineer/site plam~er may need to increase radiuses and/or drive aisle widths to accommodate fire apparatus vehicles after further review with the Fire Marshal. This may also result in the loss of additional parking stalls. Staff recommends that the main drive aisle areas be 28 feet wide adjacent to the building with a minimum 20-foot wide radiuses at the intersections. Traffic control will also be an issue. The applicant will need to prepare a revised traffic signage plan for staff to review and approve prior to issuance of a building permit. MISCELLANEOUS Development is proposed over a number of outlots and lots. Replatting of thC property into a single lot and block or multiple lots and blocks will be required. LANDSCAPING Minimum requirements for landscaping include 8,144 sq. ft. of landscaped area around the parking lot, 33 trees for the parking lot, and bufferyard plantings along Pauly Drive, Market Blvd., as well as neighboring property lines. Applicant's proposed landscaping as compared to Ihe requirements for landscape area and parking lot trees is shown in the following table. Vehicular use landscape area Trees/parking lot Market Boulevard trees (1 per 30 feet) South bufferyard A - 20' (*75% of total shown) West bufferyard B - 20' (*75% of total shown) North bufferyard B (*75% of total shown) Required 8,144 sq. ft. 33 overstory + 17 landscape islands or peninsulas 7 overstory 4 overstory trees 4 understory trees 8 shrubs 5 overstory trees 8 understory trees 13 shrubs 2 overstory trees 4 understory trees 6 shrubs Proposed approx. 9,150 sq. ft. 25 overstory + 13 landscape islands or peninsulas 7 overstory No plantings proposed No plantings proposed No plantings proposed *According to city bufferyard ordinance, the project developer is responsible for only 75% of the required plantings. Abutting property owners may plant the remaining 25% on their property. Chanhassen Cinema July 7, 1999 Page 9 The applicant has a deficit of plantings in the buffer yard areas and parking lot landscaping. Staff recommends that the applicant increase plantings in order to meet minimum ordinance requirements. The proposed islands appear to be less than 10 feet in width and therefore will require aeration tubes, however, a better solution would be to widen the island to allow for better growth. A few of the large, overstory ash trees are proposed to be planted in spaces no wider than 4-5 feet. This is insufficient to support a large tree. Staff recommends that the applicant reconfigure landscape islands to increase planting space. As this development will be a focal point for the city and for downtown in particular, landscaping will be important. The design and materials will have a major impact on the overall quality of the development and in turn of Chanhassen itself. It is the city's responsibility to see that all landscaping ordinances or suitable alternatives are met. As it is now, staff finds the proposed landscaping plan unacceptable and recommends that the applicant revise the plan to reflect more clearly the expectations of the city. LIGHTING There are three light fixtures shown on the plan along the south elevation that match those on the boardwalk of existing Chanhassen Cinema. The plan also shows 8 parking lot light fixtures. These fixtures are shoe box shielded fixtures. SIGNAGE Signage is intended to advertise as well as enhance the architecture of the building. The applicant is proposing a sign band with wall mounted signs or projecting signs. The wall mounted sign will probably be back lit channeled letters. All letters are proposed to maintain a consistent bronze metal surrounding color. The proposal does not address logos. The city can apply the logo criteria outlined in the ordinance. Also, Section 20-1303. states "Highway, general business districts and central business districts. Wall business signs. Wail business sign shall be permitted on street frontage for each business occupant within a building only." Staff is in favor of approving the variance. We strongly believe that the applicant should be able to advertise the business. The applicant is also requesting projecting signs to advertise the_ retail shops. This element can be highly attractive and staff is attaching examples of projecting signs. The size of the projecting sign should not exceed three feet in height and 6 square feet. Illuminated letters may be attached to the exterior of the projecting sign as shown in attachment #2. Projecting signs may not be illuminated from within. The entrance into the theater is being moved to the south. This will provide for a prominent presence for the theaters. The design of the marquee sign is festive and towering. The wording "CHANHASSEN" and "CINEMA" appears on the main tower. The letters are yellow against a Chanhassen Cinema July 7, 1999 Page 10 forest green background. There are chasing lights on the sign. Movie names, time showing, and rating is proposed on the marquee below the tower. This sign is constructed of electronic static reader board material with the background being black and the words of yellow light. The sides of the marquee sign adjacent to the building will have a forest green background. Motion Reader Boards require a conditional use permit. The applicant explained that these letters will be motionless. The reader board will be updated once a week. Under this description, it can be classified as a changeable letter sign, eliminating the need for the conditional use permit. The westerly portion of the proposed cinema expansion incorporates wall signs that advertises coming attractions. This element is utilized as an architectural feature to break up the wall. It mimics the window located above the entrance into the existing cinema building. Staff has always encouraged the display of coming attractions and movie titles on the exterior of the building. The narrative states that the use of backlit awnings or vinyl awnings are prohibited; however, the landlord encourages unique canopy styles and colors for variety. Signage may be located in designated facade areas only. SIGN AND HARD SURFACE VARIANCE The intent of the sign ordinance is to establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service while promoting public safety and enhancing the image of the community. In addition, the ordinance provides standards to ensure that signage is an integral component of the building's architecture. Granting variances should only be permitted when it enhances the image of the building. The ordinance allows a maximum hard surface coverage of 65%. The applicant is proposing 95%. FINDINGS The Planning Commission shall not recommend and the City Council shall not grant a variance unless they find the following facts: ao 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 surroundings, 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 there are pm-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Chanhassen Cinema July 7, 1999 Page 11 Finding: Granting the variance for the sign will allow the businesses to advertise their products. The design and location of the sign should become an integral part of the architecture. The hard surface coverage hardship stems from the fact that the applicant is attempting to build too large a building on the site. bo The conditions upon which a petition for a variance is based are not applicable, generally,.to other property within the same zoning classification. Finding: The conditions upon which the variance is based are not applicable to other properties with the BG, General Business District. The location of the building is driving the request for the sign variance. As to the hard surface variance, all buildings within a BG district are required to provide a minimum of 35% green space. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the variation for the sign does not appear to be based upon a desire to increase the value of the parcel. The hard surface coverage will increase the buildable area which will increase the value or income potential of the comPlex. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship for the sign is not a self-created hardship, again, it is the location of the building. The hard surface coverage stems from the fact that the applicant is building too large a structure on the parcels of land. co The 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. Finding: The variance should not be detrimental to the public welfare or injurious to other land or improvements. Steps will be taken to ensure that the appropriate size and type of fasteners are used to attach signs to the building. 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. Chanhassen Cinema July 7, 1999 Page 12 Finding: The proposed variation will not significantly impair light and air to adjacent property. Granting the variance will not increase congestion of public streets or endanger public safety. Based on the findings presented in the staff report, staff recommends approval of the non street frontage sign variance and denial of the hard surface coverage. The location of letters and logos shall be restricted to the sign area shown on the plan: The letters and logos shall be restricted to 30 inches in height. All individual letters and logos comprising each sign shall have a minimum depth of five inches and shall be constructed with a translucent facing over neon tube illumination. Tenant neon illuminated signage shall consist of store identification only. Copy is restricted to the tenant's proper name and logo. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) 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 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 devel°Pment; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a0 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; Chanhassen Cinema July 7, 1999 Page 13 b. The amount and location of open space and landscaping; Co 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. (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 generally consistent with the comprehensive plan. It requires variances to meet the zoning ordinance, and the site plan review requirements. The site design as it relates to architectural design, could be improved as recommended by staff. PRELIMINARY PLAT The subdivision includes the replatting of two lots and three outlots into two lots. Lot 1, Block 1, CINEMA ADDITION will contain the retail building and Lot 2, Block 1, will house the Old and new theaters. The reason for replatting is to create separate lots for the Cinema and retail element. Both lots will have access 'to Pauly's Drive and Market Boulevard via cross access easements. CONCLUSION This proposal is a definite improvement over the existing building. However, it requires numerous compromises of the city ordinances. The Planning Commission and City Council should determine if the project is worth these compromises based upon staffs analysis. We have attempted to work with the applicant to improve the plans and compare them to city standards. Chanhassen Cinema July 7, 1999 Page 14 RECOMMENDATION Should the Planning Commission recommend approval of this application, we recommend the following motion: The Planning Commission recommend approval of Site Plan Review 95-21 to demolish the existing Chanhassen Bowl/Filly's building and construct 8 movie screens and a retail element, Variances to allow Non-Street Frontage Signs, Marquee sign, and hard surface coverage and Preliminary Plat approval to replat two lots and three outlots into two lots and one outlot, Cinema Addition as shown in plans dated received June 23, 1999, with the following conditions: The applicant shall redesign the building plans to avoid conflict with the City's sanitary sewer and water lines. The applicant shall have the option to relocate the sanitary sewer or add additional manholes and case the sanitary sewer line underneath the building. The water line shall be relocated a minimum of 10 feet away from any building structure. The applicant shall also dedicate all new drainage and utility easements to encompass the relocated utility lines. All utility construction shall be in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant shall be responsible for all adjustments to existing gate valves, manholes, and catch basins on the site. The City,s Utility Department will require an inspection of these adjustments. A security escrow in the amount of $25,000 shall be supplied by the applicant to the City to guarantee utility relocation/adjustments in conjunction with site plan approval. The security shall be in the form ora letter of credit or cash escrow. All disturbed areas as a result of construction shall be restored with sod and/or landscaping materials within two weeks of completion of the parking lot improvements. o The applicant shall enter into a site plan agreement with the City and provide the necessary financial security in the form of a letter of credit or cash escrow to guarantee compliance with the conditions of approval and to guarantee restoration of the city boulevards and adjustments to the city infrastructure. The plans shall be redesigned to incorporate the following items: A) Incorporate an unimpeded street from Market Boulevard easterly to Great Plains Boulevard. The minimum drive aisle width shall be 28 feet, face-to-face of curb. Parking shall be prohibited on both sides of the street. B) All drive aisle and parking lot stalls shall be redesigned in accordance with City Code 20- 1118. C) The applicant shall prepare a revised traffic control plan for city staff to review and approve prior to issuance of a building permit. The plans shall include placement of stop signs and pedestrian crossings. Chanhassen Cinema July 7, 1999 Page 15 o o o o 10. 11. The applicant shall report to the city engineer the location ofdraintile found during construction. The city engineer shall determine whether or not the draintiles can be abandoned or reconnected. 12. 13. The applicant shall apply for and obtain all necessary permits from the regulatory agencies such as the Health Department, Watershed District, and the City of Chanhassen's Building Department. Seating capacity of the theater complex shall be a maximum of 1,959 2,800 seats for the both the first phase and the new addition collectively. (Approval of this number of seats will result in a 35% variance in the required parking spaces; 745 required -487 provided based upon one stall per 4 seats as required by ordinance). The applicant shall acquire a cross access easement 30 feet wide over/through the Dinner Theater site out to Great Plains Boulevard and construct a bituminous driveway over the easement. The driveway shall be a minimum of 26 feet wide and constructed to a 7 ton street design. The alignment of the driveway shall be subject to staff approval. The building owner and/or their representatives meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. The applicant shall increase plantings for buffer yard areas in order to meet ordinance requirements. The applicant shall increase plantings for parking lot trees in order to meet ordinance requirements. The applicant shall increase landscape island width to a minimum of 10 feet or install aeration tubing. A revised landscape plan shall be submitted for city approval. Fire Marshal Conditions: a. Fire lane signage and yellow curbing will be determined by the Chanhassen Fire Marshal. Contact the Fire Marshal for exact location of fire lane signs and curbing to be painted yellow. Pursuant to Section 904-1 1997 Uniform Fire Code. A 10 foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, NSP, US West, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Chanhassen Cinema July 7, 1999 Page 16 14. 15. 16. 17. 18. 19. 20. Co Submit radius turn dimensions and parking lots to determine fire department vehicle access. Submit turn dimensions to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval. Pursuant to Section 902.2.2.3 1997 Uniform Fire Code. In the proposed alleyway between the Cinema and the proposed retail there will be absolutely no storage of combustibles allowed at any time. Appropriate signage will be required. Contact Chanhassen Fire Marshal for exact wording of signs and location. The hard surface coverage shall be reduced to 65% 95%. This coverage will exceed the maximum hard surface coverage permitted by ordinance by 30%. Dedicate the typical utility and drainage easements on the plat. Meet with the building official to address building issues at the applicant's earliest convenience. The "DENTIL BLOCK" imitation,, when built, shall have a minimum projection of one foot. All windows shall be constructed in a fashion that resembles the attached illustration of windows with a windowsill. All new painted precast field material shall be upgraded to a better material. The location of letters and logos shall be restricted to the sign area shown on the plan. The letters and logos shall be restricted to 30 inches in height. All individual letters and logos comprising each sign shall have a minimum depth of five inches and shall be constructed with a translucent facing over neon tube illumination. Tenant neon illuminated signage shall consist of store identification only. Copy is restricted to the tenant's proper name and logo. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area. Projecting signs are permitted. The size of the projecting sign should not exceed three feet in height and 6 square feet. One sign is allowed for each tenant. All signs shall be doublefaced and have a decorative hanging bracket. Illuminated letters may be attached to the exterior of the projecting sign. Projecting signs may not be illuminated from within. All signs will require a sign permit. 21. Both the cinema addition and the retail building shall be built concurrently. Chanhassen Cinema July 7, 1999 Page 17 22. All rooftop and ground mounted equipment shall be screened from views. The existing roof top units above the existing theater shall also be screened. 23. Columns shall be added below the arch at the entrance and exit points of the alley." ATTACHMENTS 1. Architectural Detail exceptions. 2. Examples of projecting signs. 3. Letter from Vicki Nelson, Country Suites, dated May 18, 1999. 4. Application and Project narrative. 5. Memo from Dave Hempel, Assistant City Engineer, dated April 28, 1999. 6. Multi-Theater Parking prepared by Parsons Brinckerhoff dated February 26, 1998. 7. Traffic review of proposed expansion for Chanhassen Cinema, prepared by Benshoof & Associates dated November 11, 1999 and an update prepared on November 18, 1999. 8. Memo from Mark Littfin, Fire Marshal, dated April 26, 1999. 9. EDA minutes dated January 28,1999. 10. Vision 2002. 1 I. Section of Theater Poster Cabinet. 12. Colored rendering. 13. Marquee Sign Design. 14. Sign Criteria. 15. Lighting detail. 16. Site Plan and plat. g:\plan\sa\chan cinema2.doc 07/12/99 )ION 14:16 FAX 612 832 5301 COPEI.{ND BUILDING ~001 Chanhassen Properties, LLC ~300 Highland Greens Drive, #200 Bloomington, MN 55437 612-832-5303 3'uly 12, 1999 Ms. Kate Aanenson Planning Director City of Chanhassen 690 Coulter Drive Chanhassen, KiN 55317 Re: Cinema Addition and Retail Project Dear Kate: I want to propose a compromise solution to the traffic issue related to the cinema addition and retail building project. Specifically, the issue is how to accomplish the "continuous link from Market Boulevard '~o Great Plains Boulevard" recommended by our traffic engineer, Jim Benshoof. Our proposaI is this: 1. The continuous link from Market to the east side of the cinema/frontier parking lot' would consist ora 30 foot drive that is 65% unimpeded as shown on the 6/25/99 site plan previously submitted. Perpendicular parking would exist on one side of 35% &this drive. 2. The continuous link from the east side of the dnema/frontier parking lot to Great Plains would consist of access through the Bloomberg property. Initially, the access would be an approximately 24 foot wide paved drive between the two existing buildings connecting to the pavement on the south side of the dinner theater's lot, When B!oomberg develops the property south of the dinner theater, the route would change. At that point, the development would allow access through the new parking lot. This access would be constructed like the rest o£the parking lot and may be partially impeded. 'OT/12/gg 14:17 F.4_~ 612 832 5301 COPEL~\~ BUILDING Ms. Kate Aaneson July 12, 1999 Page 2 of 2 Based on my discussions with the parties, I believe that Bloomberg would go along with this and Benshoofwould support it. We are coafident that this wig work. But as a measure to make the city more comfortable, if the city determines that traffic does not flow satisfactorily, we Would have an off-duty police officer direct traffic from 6:00 PM to 10:00 PM during on our busiest days. Police officers directing traffic is a common solution to short term or periodic traffic problems at churches and sporting events, This police officer d/retting traffic could be made part of our development agreement and our receipt of TIF could be contingent on our compliance. Thank you for your consideration and please let me know the city's reaction to this proposal as soon as you can. Sincerely, Robert K, Copeland President CITYOF CHAN SEN 690 City Center Drive, PO Box' I47 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax' 612.93Z9152 ?ublic Safety Fax' 612.934.2524 Web wu,t~:ci, chanhasse,.mn.us July 14, 1999 Mr. Bob Copeland Chanhassen Properties, LLC 5300 Hyland Greens Drive, Suite 200 Bloomington, MN 55437 Dear Mr. Copeland: This letter is in response to the proposed compromised solution to the traffic issue related to the cinema addition and retail building project. After a lengthy discussion among city staff, we concluded that neither option is acceptable. The option dealing with providing off-duty police officers directing traffic is a solution used for periodic, short term events. The use you are proposing is a year round business. The proposed solution is a short term solution to a long term problem, therefore, it is not a viable one. As to the width of the driveway connecting to Great Plains Boulevard, the driveway must be an unimpeded 26 feet wide on a 30 foot driveway easement with a cross access agreement. The impeded vs. unimpeded permanent access will be evaluated with any future proposal for development of the Bloomberg property based upon the impacts of the proposed development and existing traffic generated within the affected area. The actual traffic generated by the Entertainment complex will most likely be known prior to construction of the permanent access across the Bloomberg property. A traffic analysis utilizing actual traffic data will be performed in the future to determine whether an impeded or unimpeded permanent access is needed across the Bloomberg property. You may wish to proceed with the Planning Commission's recommendation to have a traffic consultant evaluate the parking (ingress/egress)without access to the Bloomberg property. The results of this new study will need to be further evaluated by the city. However, as you are aware, the HKG parking study always anticipated shared parking with a connection to the Bloomberg property. This was also a requirement of the EDA. Approval of the project is contingent upon resolving the access issue. If you have any questions, please feel free to contact me at ext. 120. Sincerely, Sharm~n AI-Jaff Senior Planner C~ Scott Botcher, City Manager Kate Aanenson, Community Development Director Dave Hempel, Assistant City Engineer Todd Gerhardt, Assistant City Manager PROPOSAL: NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, AUGUST 4, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE Request Site Plan Review for Additional Theaters and Retail Space APPLICANT: Chanhassen Properties, LLC LOCATION: Pauly Drive; east of Market Boulevard NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Chanhassen Properties, LLC., request for subdivision and site plan review to demolish the existing Chanhassen Bowl and Filly's Bar and replace it with eight additional theaters with a seating capacity of 1,400 seats, with an area of 30,000 sq. ft. and 9,000 sq. ft. of retail space, variances for signage, hard surface coverage and parking requirements on property zoned BG, General Business District, located north of the railroad tracks and Pauly Drive; east of Market Boulevard; and south of West 78th Street. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. 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 Sharmin at 937-1900 ext. 120. 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 July 22, 1999. ~ z 0 ~ ~Z ~ Z Z Planning Commission Meeting - July 7, 1999 Blackowiak: They have that chain link fence with that slate stuff in it. Kind: They can come out...small feet with those chain link fences. Adults can't climb them but little people can. Conrad: Did you leave that out of your motion? Kind: I can leave it out of my motion. Conrad: Second. Peterson: It's been moved and seconded. Other discussion? Kind moved, Conrad seconded that the Planning Commission recommends approval of Conditional Use Permit #99-2 to allow a daycare center in an IOP District subject to the following conditions: 1. Compliance with conditions of site plan and plat approval. 2. Obtain all applicable state, county and city licenses. 3. Show type of fence and landscaping for the outdoor play area. All voted in favor and the motion carried Unanimously. PUBLIC HEARING: CHANHASSEN PROPERTIES, LLC, REQUEST FOR SUBDIVISION AND SITE PLAN REVIEW TO DEMOLISH THE EXISTING CHANHASSEN BOW AND FILLY'S BAR AND REPLACE IT WITH EIGHT ADDITIONAL THEATERS WITH A SEATING CAPACITY OF 1,400 SEATS, WITH AN AREA OF 30,000 SO. FT. AND 9,000 SQ. FT. OF RETAIL SPACE, VARIANCES FOR SIGNAGE, HARD SURFACE COVERAGE, SUBDIVISION CREATING LOTS WITH NO DIRECT FRONTAGE ON PUBLIC RIGHT-OF-WAY, HWY 5 OVERLAY DISTRICT PITCHED ROOF ELEMENT REQUIREMENT AND PARKING REQUIREMENTS ON PROPERTY ZONED BG, GENERAL BUSINESS DISTRICT, LOCATED NORTH OF THE RAILROAD TRACKS AND PAULY DRIVE; EAST OF MARKET BOULEVARD; AND SOUTH OF WEST 78TM STREET. Public Present: Name Address John D. Rice 551 West 78th Street 26 Planning Commission Meeting - July 7, 1999 Ron Krank KKE Architects Bob Copeland 5300 Highland Greens, Suite 200, Bloomington Gerald Rummel Representing Chanhassen Bowl Sharmin AI-Jaff and Kate Aanenson presented the staff report on this item. Peterson: A couple questions for you Kate. On the impervious surface. I mean I don't recall seeing 95% before. That's an overwhelming number when you look at a percentage standpoint. Have we don't other similar projects with that high ora ratio? Aanenson: The only place would be more downtown. Medical Arts. Again this is a unique thing to do. You'd be actually adding landscaping to it but they are doing, providing additional trees and they are providing additional green space but they are providing additional landscape. There will be some parking lot... Peterson: You referenced a couple of the variances and I was trying to pull all of them out that we will be affecting with this. Over and above the ones you just mentioned, are there additional ones that you can see that we can see in the summary of really what we are granting. Aanenson: It's on the, Shannin has it on the front page of that cover proposal. The non street frontage signs. Again, because it's an anomaly, it's a theater. It's a different type use. We would support that. Cinema in itself is, the only one in town. Peterson: Based on the ones you mentioned? Aanenson: Yeah. There was one other one and that was the parking drive aisle. Where the Hoisington-Koegler study included an unobstructed drive aisle entrance going to Pauly's Drive, which we want to have the continuity so not all traffic will be exiting out onto Market. It gives you...to go out the other way onto Great Plains. We see that as an advantage, especially if we'll be doing shared parking. Not congesting that intersection. The engineering department's recommendation to have an unobstructed drive aisle. What that does is it takes away approximately 50 parking. Hempel: ! believe 37. Aanenson: Excuse me, 37 parking stalls. recommendation to have it unobstructed. Hoisington-Koegler study to leave the drive. aisle and slow the traffic down. Peterson: A couple more questions. Aanenson: That's one of the variances. The drive aisle was, or... Peterson: Is there a style Sharmin that, on the recommendation you say should the Plamfing So that's some of the loss so it would be our The applicant is proposing, was showing the They would prefer to leave the parking in the drive 27 Planning Commission Meeting - July 7, 1999 Commission recommend. Normally you're more straight forward in asking for recommend approval. Is there some hidden agenda, Freudian slip perhaps? Aanenson: No, I think the conclusion speaks for itself. We're saying, this is an entertainment complex. There's been a lot of discuss on the council. I think the decision before the planning commission tonight is, there's been a lot of discussion and what includes the entertainment district. The Vision 2002 looked at what constitutes the downtown. What should be a proponent of the entertainment, in the downtown district. Certainly entertainment is a component. It's different than retail.., for this is you're actually providing a different service and that is...different and it adds certainly a lot of energy to the downtown. Certainly there's been a lot of discussion internally in the staff. The 8 versus 16, but the proposal before us tonight and for the job of the planning commission is to say does this meet the standards. You feel strongly about this project that you think it's appropriate to give those variances because you think this is going to be an asset and it's a good design to the, and you would support it. I guess that's what we're saying. That's kind of how that language came about. Just to sum up to say, if you feel strongly about the design of this building and the project itself and what it can bring to the community, then by doing that you are accepting the fact that it needs variances to make it happen. That was our attempt to explain that. Peterson: One more question. Pedestrian flow. Trying to get an idea of, obviously there's a main entrance to the cinema but if there going to be a main exit over where the old cinema entrance is? Parking? I think it's a pretty substantial difference between your entrance and exit and that affects the parking and then also whether you can address or the applicant, traffic flow in that alley way. Is that all pedestrian? Or is that going to be garbage units in there? Kind of help me understand that if you know. Aanenson: ...let the architect... Peterson: So the intent, are there entrances to the retail in the back? Aanenson: Service entrance, yes. Peterson: A strong likelihood that that will... AI-Jaff: There's a condition of approval that nothing can be placed within that 10 foot corridorl Aanenson: Building code. Peterson: Chances are it will though. Other questions of staff? Joyce: I'm going to piggy back on what Craig was just talking about. Or mention about the alternative parking, and I think we have a nice little, well I wouldn't call them alley ways. A . street on the east side of the building. Are those garbage enclosures are all, I mean how old is this? The garbage, 2-3 years old. And the garbage enclosures, the doors are smashed up. Today there was stuff all over the street. So I'm saying, I'm really, I think this alley idea is a beautiful 28 Planning Commission Meeting - July 7, 1999 idea but if it's going to be, you know if you're going to have containers at the end of it and people not taking care of it, it's just not going to last. I don't know, I don't have a recommendation as to how, where we're going to put the trash but I think that's a concern. Aanenson: The trash is not in the alley. It's to the north...Country Suites has a sitting area. They've got a pool and window...but it has been revised since the... Joyce: So you're saying the enclosure, that's where I'm trying to figure out this flow. Maybe I should just wait for the applicant to come through but my question is how people are going to walk back and forth between there. A1-Jaff: ... Joyce: But you can walk all the way through that alley, past the trash enclosures into the hotel? A1-Jaff: Yes. Peterson: Other questions? Blackowiak: Mr. Chairman, I have a question. Currently Southwest Metro either, I'm assuming they lease spaces or use parking spaces. What is their...at that location should a proposal of this size go through? Because it appears that they're counting all the Southwest Metro parking spots as well in their parking, you know their number which I don't, to me it doesn't rationally follow. Aanenson: Well they're non peak times. On Saturday and Sunday. And also 5:00. When we did the count last April, it disburses quickly between 5:00 and 6:00 so it will not be a conflict as commuters... Sharmin can talk about the lease and how many parking stalls they have and have reconfigured. Blackowiak: Yeah, I mean it just looks, what's the future? I mean does Southwest Metro plan to, I mean they built that little. A1-Jaff: They plan on staying there until they can find another location. And even if they move, it would, they would move, or vacate a portion of the parking stalls. They wouldn't vacate the entire area. Right now with this proposal what they will end up doing is reconfiguring their parking spaces. It would remain in the same overall area but the area immediately next to the building will be dedicated to the retail and movie theaters and as you reach the outskirts of the parking lot, that's where Southwest Metro would end up parking. Blackowiak: Okay. Peterson: Other questions? Sidney: Yes Mr. Chair. Question for Sharmin. Condition 19. You asked that all new painted, precast building material shall be upgraded to a better material. What do you mean by better? 29 Planning Commission Meeting - July 7, 1999 A1-Jaff: Right now what you have on the existing movie theaters is precast and it's painted and we've heard numerous negative comments regarding that material. It could be upgraded into... Sidney: More texture is that? AI-Jaff: Something with more texture. Something that's more appealing than what you have on the existing precast building. Conrad: Do you like the design? Aanenson: It's a large building. A lot of discussion was held about trying to make the building look like one theater. The theaters, retail space look different. Than going back to...kind of reduce the scale. Comparing the 50,000 square feet, comparing it to Target. 100,000... It's going to be imposing so some ofthe...make it look like it's not one building. Some of the.., as far as the material use on the existing building. How do you make some of the same... It's going to walk and talk like a theater in scale but... Conrad: In your staff report the window issue. In your recommendatiOns you resolved your concerns with the architect? Aanenson: Yeah, I think for the most part. We went through a lot of iterations on the sign. ...material and tried to, if going through the attachments.... I think that's what happened on the first page. What was done wasn't what we understood...and modify that which has been accomplished. The green line running along the top, there was a 10t of discussion on that...up or down the scale of the building. Little details like that. Then we go back to the...expertise on that. Conrad: So you're comfortable? Aanenson: Well I think we can certainly resolve... I think if you listen to their explanation... Conrad: Do you like the marquee? Is the marquee as spectacular as we'd like it to be? And maybe that's me and not you. Is it. Aanenson: Again that's been a moving target too. I think we're getting close'. Conrad: I'd rely on you to tell me. It should be spectacular, and again I'm probably the Lone Ranger here. It should be spectacular. It should be very good. Aanenson: Yep. A1-Jaff: It will be a very festive look and that's the look we would like to achieve. Conrad: Some things that I don't understand here and I've got to go back to where Craig started 30 Planning Commission Meeting - July 7, 1999 on the impervious surface. Your staff report, did you change condition 14 Kate? Aanenson: Correct. Conrad: To 95% Aanenson: Right. That's what's out there now. It's all, pretty much all. They are taking out some additional green by providing the unobstructed drive aisle. That takes out additional. Conrad: Market Square impervious surface? Aanenson: 55% Festival... Conrad: Condition 6. You're addressing the parking issue backwards by limiting the seat size? Or maybe that's forward. Aanenson: No. No, actually we modified that condition to say that we are recommending that but you have to accept that there will be times when there will not be enough parking. And that's why I showed the overall, there may be places that you'll have to walk further to get there, but. Conrad: What is the parking capacity that you're comfortable with? A1-Jaff: Seating capacity. Conrad: Now I'm off. Give me the parking capacity. Aanenson: I think we're relying on, we've got a standard. Is that the best number 4? 4 per. Al-Jarl: One stall per 4 seats. Aanenson: That's the number. Is that the best number? That we allow proof of parking. That's what this... 1 per 5.9 seats. We're saying that number...and it may be, they've been trying to track what the use is. Again, going by the Hoisington-Koegler study with the shared parking, that was that 525 number so we're not that far off. We may be again...with unobstructed drive aisle. Conrad: And they're providing 487? Aanenson: Correct. Conrad: Are there opportunities in softening that parking area that we have? Aanenson: That's what we talked about with the applicant. You know we want to make sure that it is pedestrian friendly. Have street furniture. Have an easy access. If you're going to walk, you've got a ways to go across the parking lot and to make it human and you're going to have 31 Planning Commission Meeting - July 7, 1999 kids walking through that parking lot. Conrad: And what do they walk on? Are there sidewalks that are natural that get you to the theater? I don't see them. AI-Jaff: There's a sidewalk that surrounds the theater itself. Conrad: Yeah, once you get there you're fine. Aanenson: We talked about...then we end up giving away additional parking but that...talk about stripe and painted walking paths. Conrad: So they have proposed more vehicular use, landscape area than is required based on. They've put more green space in the parking lot than our ordinance requires? AI-Jaff: No. Aanenson: They're putting in additional landscaping. There's minimal there now .... there is a sidewalk Ladd that's going. Conrad: Yeah, show me that. Aanenson: Here's a sidewalk... A1-Jaff: It's an extension of the sidewalk by the bus shelter. Conrad: Okay. So that's on Pauly Drive. Aanenson: Right, so if you get off the bus and you want to walk that. Or walk to the bus. Conrad: And your chart on page 8, it's vehicular use landscape area. Required 8,144. Proposed 9,150. Help me with that. That's what ! would interpret the green space in the parking lot. They'.re exceeding our ordinance. Aanenson: It is to fit the buffer yard to your parking lot... Conrad: Can I tell that staff feels uncomfortable with the interior landscaping in the parking lot or is staff comfortable with it? The staff report says increase, and I'm not sure, that's all it says. To meet ordinance. And I'm not looking for the ordinance. Aanenson: Right. And that's when I say that they're putting additional landscape and going over towards Market. Green space...the sidewalk along the south side of the building. Conrad: Pauly Drive. The vision for extension through the Dinner Theater, is it, what is the vision for Pauly Drive? How does the rest of it play out? I probably should know but I don't. 32 Planning Commission Meeting - July 7, 1999 Hempel: Mr. Chairman, the Hoisington-Koegler report showed one alternative. Basically running parallel to the railroad tracks. North of the railroad tracks. I think the applicant is, through negotiations with the Dinner Theater, we'll maybe let him address that future. Conrad: Is it an asset right now or is just a way to get out of the parking? Is it just a second way to unload this parking lot at peak time? Hempel: Essentially yes. Conrad: Is it easy to get, who owns the right-of-way for that right now? The balance to the Dinner Theater property. Would it have to be condemned or is it, who owns it? Hempel: Who owns it right now, I believe the Dinner Theater owns it and the applicant probably will address this but I believe that he would be negotiating with. Conrad: Is that a condition of approval? Hempel: Yes it is. Conrad: That's all. Peterson: I'm starting to feel as though, I think it may be good for us to go onto the applicant presentation if there are no other specific questions. Hearing none, would the applicant like to address the commission? If so, please come forward and state your name and address please. Ron Krank: Good evening again. My name is Ron Krank. You've probably seen me here many times through the years. And you probably have seen me here with this project, which we've been working on for the last year, year and a half. We are very aware this is a very important property and. project in your community. We are aware of that through dialogue we've had with the staff. Through the past history that we've studied and numerous discussions with a lot of people in the community. We know that this is a very important entryway to the site so as such we appreciate the fact that staff has spent a great deal of time with us and they have given us a great deal of direction and we've tried to be responsive to that and frankly we feel that we really have, I hope Mr. Conrad, this will be a spectacular project. That is our goal. We want this to be a project by which you can measure other projects in the community and tell them to look at what we've been able to accomplished. I'm going to show you some pictures here in a minute of projects that we have designed. Similar scope. Similar character. Similar importance. Give you an idea of the kind of care and quality that we're talking about in terms of proportions, materials, detailing, signage, canopies. All the things that are so important here. But those are other communities and we just want you to know that we have walked the streets here. We have looked at the details of the surrounding buildings, which we have tried to use in terms of bringing some of the historical character and detail and main street theme and character that you have in your community. You're a very charming community. I know you and many others before you have put a lot of effort into that and we're here to tell you that our program, dictated to us by our 33 Planning Commission Meeting - July 7, 1999 client, as well as the city, has been through a really excellent job with this project. We also are aware of the past history and that the building that's there right now hasn't necessarily met your expectations originally. We were not a part of that. Can't comment on that. All we can do is tell you we're taking this existing building and we're doing a lot to it to change it's character, it's quality, the detailing. Everything we possibly can to change it so that it will tie into what we're proposing and be a better building than it is. We're basically in agreement with most of the staff report. There's some minor details and some things that we'd like to bring to your attention. And I'd like to maybe begin by showing you some photographs, ifI can use this and if it will work. Projects that are very similar in quality and character of what we're proposing here. It's very hard of course, even though it's a large scale elevation, to really get the three dimensional character so if you would indulge me, I have nine photographs I'd like to show. Is it possible to zoom in? This project is in Golden Valley. It's called Golden Valley Commons. It's at the intersection of Winnetka Avenue and Highway 55. It's about 43,000 square foot project.., coffee shop. Small restaurant...and it truly is a gathering area. Even though it's small, we hear from people that they will travel great distances just to go there because of the environment. And because of the design and that's what we're trying to achieve here in terms of the character we're proposing. This is another view of that. This is a little closer detail. Gives you an idea of the kind of streetscape that we provided there and what we intend to provide also in this project that we're doing here in this community. Showed in the plan. What you see here are some roof details. We have some peaked roofs. Metal roofs. There's again some awnings. They're textured with sidewalk. There's street furniture and that's the general character again of what we're trying to achieve. Next project that I want to show you is a project called the Plymouth Town Center. This is on Highway 55, near the Plymouth City Hall. It's a small project. Only about 15,000 square feet and it has an Applebee's. It is a double loaded restaurant and small shops and it serves a lot of...Large Cub Foods across in that area. This is a view of it at night time. We think it's spectacular. We do pay very careful attention to lighting. Not just lighting of the parking lot but lighting within and lighting...building and copings and other locations on the building. This is a photograph of a project called Plymouth... Also in Plymouth. When you go past City Hall on Highway 55. View of the sidewalk and...architectural sidewalk with brick.., and concrete rock face... Again we have a roof form, architectural... Another shot of that. A building that undulates several feet...the roof height varies somewhat and this is a view of it at night. You can get an idea of... internal proportions and details and things of that sort. So this is the character that we're trying to achieve and we believe that the project we're proposing here is going to have, is similar to kind of Main Street schematic here with a...give you more information about those. In terms of the plan, there was some questions on that the alley way or walkway between the cinema and retail building, this is just a portion of it but remember there is a walkway and that's between the two buildings. 10 feet wide. Required by code. The cinema has screens or theaters on this side here. They have to have a second exit. There's a required exit. You cannot block it. The Fire Department would issue a citation. It can't be blocked. There are service doors. Trucks are expected to either park on the side or in front because these are very small shops and you would service through the front or through the, call this an alley way. An arch and columns which staff recommended on the side... It has to be nice. You can't have trash. You can't have it because the building code requires, the fire marshal require it. We're not going to let it happen. That's why we have an enclosed roofed over, trash enclosed area. On the other side of the buildings so anybody in the area can go out the front door or the 34 Planning Commission Meeting - July 7, 1999 back door down there and dump their trash. That exposure has an overhead door so that a truck can come up, back up to it. Open the door. Take their trash out and close it. Somebody that wants to put trash in there will have a manned door and at the end of this corridor where... So hopefully that answers your questions in terms of what that's all about. Another question was on the side of the building, the side facing the, this would be the west side. I think there's just some misunderstanding what the material is. The existing building up to this point...precast concrete. The rest of the building...is all masonry. Concrete block with material added to it. Brick, drivit, brick, concrete block. A beige which I'm showing you on some of these details. This is also masonry with drivit over it. This is, it's hard to read. There are so many things happening out here. We can understand that. I have to look at this continually myself frankly to be able to tell you where all the pieces are. It starts here with the existing cinema. You might recall that this is all like fairly flat...is what's flat. We're taking that surface. We're adding to it. Columns that are a little different location than you see now. We feel the proportions to be changed a little bit. These are forged projections. We're adding a drivit cap which right here is a stucco like material that allows you to do a lot with it. So we're creating this dentil kind of detail. We're taking existing roof flashing and moving it out so that we can in effect have the same detail. It will be a dark green or having the coping underneath it or the horizontal band. We're having dentil, this...in-between will be set back in probably a couple inches set back in from that space and then the brick beyond that. There's some comments in the report that these should be 12 inches out. I have to disagree with that because here's what happens. We're starting here with a coruer...flashing. It comes down three steps. 2 inches is what we have there now. Also we...detail on the building to the west of us which has a hair salon and coffee shop. It's the same detail, same proportion...steps'in. If we then take that, we're out 6 inches at the top. Come back to the stucco, the drivit, back 2 inches and then 2 inches more to the brick and then...if we make that 12 inches high... I think it's going to be just huge and...so I show. you these pictures of other projects because that, they just have to trust us. We're not saving any money here by doing this. We just want it to look right and our opinion is, if we had...dentils sticking out...just way too much and we want to call attention to the building with pedestrian access. All this nice detail...provide here. So that's one...we would have a diverge from the staff. Secondly, a very, very minor but staff has indicated in the report the...and then recessed in. Wood window and the...about 4 inches projecting out... I think what you saw in the other details, in photographs we showed you, we can do it in rock face block to give the same texture as the rest of the, the old part of the building. We can do it in brick to match the soldier courses of the brick we're doing elsewhere. To me that's the right detail and again, that's what we would recommend very strongly as opposed to what we believe is what we're being directed to have in stone... If it's just meant that they're supposed to recess these.., give a sense of scale. You walk by. It just kind of feels right. That also is how we lined up the base of the windows with the 18 and the 24 inches wide. We called it field brick but we're really saying it's the field, the background of brick that is going to represent most of all of this new building except where we have drivit accents. On the existing portion of the cinema, the remaining, the existing precast will be...this brown color to match as close as we can to match the brick so that we'll have the same feeling here and here where we're building the new building to add brick, to make it out of brick as well as this area. And then we're proposing some accent brick so it will be soldier and/or roll off portions in various points of the building. And that's the kind of detail that continues on obviously around the side of the building or we continue to do the same thing. Have a soldier course here. A low 35 Planning Commission Meeting - July 7, 1999 lot course there and then we have a series of different awnings that we encourage flexibility and innovation with the various details and do some things that...given that it works with the general colors we have. And this is the colors that we're proposing for the drivit. These services the upper band. It's there and also here and here. Now what we've done with those details with the band on top of the building is try to lower... We want people to realize...that's why we have taken that and that's why we have these various levels of materials. That's why we track this line down by having the dark base and a lighter band and same thing here. And of course this is a transitional element in the middle. We don't need the height all the way to the top.. We're doing it as a transition. The lower portion of the existing building which is not... Anyway, we'll just label it. It's intended, this is the original, new precast. We're not using any new precast anywhere... Otherwise we concur with staff and... Peterson: Questions of the applicant? Joyce: Yeah I had two, just a quick question. You're disagreeing with the staffon the dentil block and I'm sorry, the staff is suggesting a projection of one foot and you're suggesting? Ron Krank: I'm suggesting that it is, well this is a section of the building here. That dentil block is 2 inches beyond the face of the material...so we'come down from this...we've got three steps. Each one which are metal and.., so we're already 6 inches down. Then we come vertically down to this dentil block. Then we come back 2 more inches to a 4 inch column and then that returns to the wall so it's hard to describe except that I know what we're doing here: Everything is 2 inches from the nexi surface except the column is 4 inches up. I'm just concerned sticking up 12 inches is just over power and the first thing you look at is the roof detail. Aanenson: Can I ask a question of what's out there today on the cinema? As far as articulation on that top. That's our concern. It's not enough. Ron Krank: ...metal flashings... Peterson: I'm getting more confused the more we talk. Aanenson: ... Bob Copeland made a comment from the audience. Peterson: Other questions? Sidney: Questions for the applicant. I guess I still am bothered by the painted precast... I'm one who has a large aversion to it. Large spaces of painted precast concrete. Bob Copeland: The reason we chose not to is...because it is concrete. It's not falling. We do intend of course to go over... Sidney: I guess I'd suggest that as something like personally I would think it'd be much more 36 Planning Commission Meeting - July 7, 1999 appealing...putting the two buildings together. You know the old and the new rather than... Peterson: Okay. Other questions? Kevin? Conrad: The vision for the alley way between the cinema and retail, is that really not a pedestrian friendly corridor? Would you consider blocking that off?. What's the code for that? There may be another way to...them out. The applicant's comments from the audience were not picked up on tape. Conrad: ...detailing is back there...I mean to the front. This diagram is labeled concrete sidewalk through the parking. Is that just the island? Other than in front of the marquee? Ron Krank: Yes. Conrad: Right in front of your main entrance you've got some islands it looks like. Ron Krank: ... Conrad: And what's the idea of the horizontal sidewalk that you have? Is that really functional or is, what are you trying to accomplish there? Are you trying to focus people on that to get them through the center? Sidewalk. Ron Krank: ... Conrad: Okay, Pauly Drive is, okay it's in there. And the extension to the east of Pauly Drive is where? Where does it exit? Ron Krank: ... Conrad: In peak periods you're asking for, the report says that based on other municipalities you may need 745 stalls here basically. Almost 300 stalls short so where are those people parking and how are they getting into the theater? Ron Krank: ... Conrad: But it's such a disparity. And I think we would endorse what you're saying. We're trying to do that here. I don't see that many pedestrians walking. You're so far off. How can you comfort, you're so far off. We're not talking about 20 stalls or 50. We're talking about hundreds and how can we, how can I. I don't know where the planning, the rest of them are but how can I say this is good planning? How can you sell us on that, and it's not new urbanism. That's... Ron Krank: ... 37 Planning Commission Meeting - July 7, 1999 Blackowiak: I'll piggy back on that too Mr. Chairman. You've been in operation for two years but retail...buildings is relatively new. How can you assure us that their needs won't increase at the same time yours do... further compound the whole parking problem. Ron Krank: ... Peterson: Tough one. Other questions of the applicant? Sidney: One I was thinking, you don't show an east elevation for the existing cinema. Ron Krank: The east elevation, right now it is precast with some brick tiers. It will be our intention to keep that. It's sort of an alley way in effect. Concrete block I think on the Frontier Building on their side. It'd be our intention to paint that so it ties in with the front of the building. Sidney: You know I was going to say. But I guess I'd suggest you have that for city council as well. Peterson: I have a question for you. On the west elevation, there's some overhead doors. Now is that for the trash? Ron Krank: Yes. Peterson: And on the north elevation where you simply have block down the alley way. Where does that wall come in, what's that made out of?. Earlier you said you wanted the alley way all the way through, yet on this side, the north elevation there's some kind of small... Aanenson: Actually that's the... Peterson: More questions? Kind: I have a question about the trash enclosure. Is it totally enclosed on the top? Ron Krank: Yes. Kind: So odors will emit or anything like that? Ron Krank: ... Kind: And Kevin I think spoke to the fact that these doors tend to be left open all the time, and I was over at Houlihan's too. Their trash enclosure doors are always open. Is there any assurance that those will always be closed, because they're on a pretty prominent front, that west frontage. And they tend to be left open I'm guessing just based on history of other places. Bob Copeland: ...that's their job. They're supposed to do it... 38 Planning Commission Meeting - July 7, 1999 Kind: Could it be put on the north elevation along the side of the retail so that you're not seeing if the doors are open? Ron Krank: ... Peterson: If no additional questions, thank you for your time. Is there a motion and a second for public hearing please. Blackowiak moved, Kind seconded to open the public hearing. The public hearing was opened. Peterson: This item is open for a public hearing. Anyone wishing to address the commission, please come forward. John Rice: My name is John Rice. I'm an attorney here in Chanhassen. I'm the attorney for Bloomberg Companies Incorporated. I have my office at 551 West 78th Street in the Frontier Building. I'm here on behalf of B loomberg Companies Incorporated. They request that the Planning Commission adopt and approve and recommend that this project be approved with two' exceptions to the recommendations of the staff. Those two recommendations to which we take exception are number 3(a), which is on page 14 of the staff report. It is the...28 foot unimpeded street from Market Boulevard to Great Plains Boulevard. And the second one is paragraph 7 on page 15 of the staff report which requires the applicant to acquire a 30 foot easement to Great Plains Boulevard. An easement for a street is not acceptable to Bloomberg Companies Incorporated which owns the land to the east of the current cinema building over to Great Plains Boulevard. Do not promise to deliver an easement for a street to Chanhassen Properties LLC. There are other reasons I think not to include these two recommendations as conditions to the approval of the project. One is that you are casting a burden upon the applicant that is uncertain and asking for difficulty. In effect compelling him to acquire from someone else, from some third party landowner that just happens to be my client, a 30 foot easement. I didn't measure out the distance from the east end, east boundary line of the cinema property to Great Plains Boulevard but I think it's something like 2,000 feet. That's... If you cast this burden upon the applicant, what will happen is the project becomes in danger of withering and not going through. ...well all Bloomberg has to do is to agree to the easement. That's not possible. And this gets to the third reason why I think this is an improvidence requirement to put on the approval of the project and that is, we have got a large area which everybody has been talking about off and on behind the Dinner Theater. East of Great Plains Boulevard. West of the Frontier Center and west of the current cinema building. There probably isn't one of you who has seen that property that doesn't say that eventually you want something to be done there. To ordain now that in some place through that area there shall be a permanent street or easement of 30 foot width for travel of vehicles, not counting the additional width that gets consumed to provide for the 30 feet, is going to provide or is going to restrict what can be done in the future with that piece of property which is not beneficial to Bloomberg Companies Incorporated that owns the land. And it's not beneficial to the city. You folks who have got to decide and hope for and expect and try to bring to the city the best possible project that can go in there. Both to provide some 39 Planning Commission Meeting - July 7, 1999 enhancement of value. Enhancement of the city services and what can be done. There had been talk, it never quite came to fruition but talk about an office building to go in there. Well right now I don't think there's anyone here that can predict where is going to be the location of an office building would go on that space and the parking space and how it would fit in and where the streets would then go. And that is a far more important project to consider and to talk about when you're talking about laying out the streets. To alleviate an egress problem for the cinema parking lot. What really is apparently driving, and somebody asked the question what's the reason for this street. Solely to provide access. The difficulty according to the traffic report seems to be a stacking for left turns onto Market Boulevard off Pauly Drive. The solution to run to compel an easement or a street off of Great Plains Boulevard is totally disproportionate to what that stacking egress problem would be. Solve the stacking egress problem. Work on that. It seems to me that this report and I'm not going to claim to be a traffic expert. I have enough trouble being a property lawyer. But that this solution, without considering whether or not there's a way to create a stacking lane for left turns, without considering what are you going to do? Just dump the problem on Great Plains Boulevard? Without considering there's a significant business entity over there. Their theater patrons exit onto Great Plains Boulevard off of that driveway and that's the Chanhassen Dinner Theater and there's not a mention of that in those traffic reports. Just shifting it over there is not a solution tO the problem when it's just even putting that in as a condition, it seems to me is grossly disproportionate to the problem. There is no mention that I, at least in my reading of the traffic report, about use of the northwestern corner driveway for egress to get out of the parking lot when the movies are over. So that's why we want this property, the bowling alley property developed. We think this is a great project. We have worked with Mr. Copeland. I happen to live not in the city of Chanhassen and I go by that Golden Valley Commons, not daily but 3 times weekly and I'm there at least twice weekly. I didn't know that Mr. Krank's firm had done that but that is a beautiful project and what he says about it, that it's both pedestrian friendly and effective and a beautiful addition to that city is true. So we can have confidence in what they are proposing. But we need to have this go ahead without having this impediment of the mandatory easement for a street compelled to go across the Bloomberg property. Questions if anybody has any. Peterson: Kate, do you want to care to comment on that? Aanenson: Yeah. With the condition of the staff report and Mr. Bloomberg, and I'll let Dave speak to it but I see a big red flag and we've got to actually go back and do the traffic study because everything is predicated on shared parking. The study that the city paid for, the shared parking and all ora sudden I'm just shocked the rules have kind of changed. Caught me off guard. I'd let Dave discuss that but I would recommend that you either go back and do the traffic...I'm just flabbergasted. Peterson: Dave any comments? Hempel: It's quite a surprise to me as well .... problem with the east/west connection out to Great Plains. Traffic report indicates a vital connection to help alleviate the congestion that's going to be created at the intersection of Pauly Drive and Market Boulevard. The left turn movement out of the site. Left turn from Pauly Drive southbound on Market. I'm not a traffic 40 Planning Commission Meeting - July 7, 1999 engineer either but a traffic engineer looked at it actually twice and that was a concern. An additional report and an updated report. Both reports indicate the necessity to have an east/west connection to alleviate the traffic congestion out to Market Boulevard. Now we can certainly go back and revisit it again without this connection to Great Plains Boulevard to see what the traffic study results...possible traffic signal on Pauly Drive/Market Boulevard .... if that's the way they want to proceed, then we'll have to revise the...and request an update of that study. Comments as far as burdening the applicant to obtain the necessary easements...I agree it is a burden. However it'd be a considered premature development of the site if you don't have...just like any single family residential development. If you don't have adequate sewer and water and street circulation to provide for a subdivision, it will be premature. The city could certainly go ahead if we want to see this happen and City Council could order a condemnation proceedings to acquire the necessary easements...but I guess I would encourage leaving those conditions as they are or adding another condition that the applicant's engineer go back and prepare another study without an east connection off of Great Plains Boulevard and recommend the appropriate traffic mitigation measures on Market Boulevard. Peterson: Are we asking for more work than, it's more work but is it logical? We've already been there twice and it's clear. I mean going back there again and spending additional time and money doesn't seem prudent. Hempel: I agree and at some future point the Dinner Theater, behind the Dinner Theater will develop. If this is an interim connection, it's an easement. An easement can be vacated to facilitate future development of the Dinner Theater property. It's flexible. Peterson: Can I have a motion to close the public hearing. Kind moved, Blackowiak seconded to close the public hearing. The public hearing was closed. Peterson: Who wants to tackle this one? Blackowiak: Well I'll jump right in. I saw the surprise on Kate's face when the east/west connection street issue came up and that makes me think maybe staff needs some time to take a look at this and prepare some options. I think one over riding concern is, from my point of view that the city is pledging $1.3 million of TIF funding to do this. I think the city has every reason to make sure it's done right and every obligation to make sure it's done right. If that means an east/west connection, then so be it. We have to do it. I certainly wouldn't want to spend my money on something that's going to snarl up traffic for who knows how long. So if we need to look at it, no east/west connection and doing a traffic study, well maybe we need to do that. But I certainly am not comfortable going forward with spending that kind of money on a project that's going to effectively block a lot of people in a parking lot for an awful long time. I don't think the parking is sufficient. I'm really worried about the numbers. We're talking about a 35% variance in the required parking spaces. The idea that it's going to be pedestrian friendly and people are going to walk from location to location is great but I don't think Festival's going to want people parking in their lots to go over and use the theater. I don't think pedestrian circulation is 41 Planning Commission Meeting - July 7, 1999 adequately addressed, and I wonder what happened with the boardwalk on the initial proposal that we did see on the theater Phase I. We were supposed to have boardwalk and streetscape and all this wonderful stuff and it's not there. I don't see it here. I don't see anything that encourages pedestrian movement. I'm worried about the hard surface coverage. 95% is amazing. And also I'm worried about materials. We need to have high quality materials. We have every right to demand them and I'm not sure that I've seen them here tonight. I'm not seeing a cohesive package yet. So I would certain support a motion to table so we can resolve those issues as well as specifically the street connections and traffic issues. Peterson: Do you still recommend tabling if east/west wasn't an issue? Blackowiak: I believe so, yes. Peterson: Other comments? Joyce: Well I'd have to disagree with Alison, except for the point that I think the east/west thing has to be resolved. But I've heard a couple of commissioners worry about the parking. I don't have that feeling about the parking. I think parking's over emphasized. I think there's an ability to share parking here. I think there'd be adequate parking in front of the Frontier and retail. So up until 5 minutes ago I was very much in favor of this project. I think it's a good project. But I feel the development is premature if they can't figure out the traffic situation. Peterson: ...can't be done. Joyce: Well I think you're subjecting it then to being, if it was tabled it might be worked out where we can get a better feel for what exactly is going to happen. I have a feeling that there's some negotiations that have to be taken place here. That's a good pointl I don't have any problem. My opinion is I don't have any problem with the, what's being presented. I guess I would have to leave in those, I'd like to leave... Peterson: Other questions? Kind: I have a question I think of staff. I'm wondering if somebody could speak to the parking that's proposed along Pauly Drive. How that compares to the on street parking that's in Village on the Ponds and why you like it in one area and not in the other? Aanenson: That is a good question because... It is a private street. As far as traffic, slowing traffic. Forces safety. Kind: You like it? You don't like it? Hempel: They like it, we don't. Kind: That certainly adds parking spots. 42 Planning Commission Meeting - July 7, 1999 Aanenson: Right. Kind: And then the tuming radius for the bus, that doesn't, to me it looks like you can avoid being there. I'm talking about this spot right here. It would be left the way it is. It doesn't have to be realigned with the...20 degree radius. Hempel: I would concur. I think there's some slight modifications that could be done to that intersection to accommodate the bus radius. Kind: I'm sure that's the issue with that turn around there. Sidney: Mr. Chairman I guess a question of Dave. About a traffic study, if that were to be done about the east/west connection. The east connection. How long would that take? Could it be completed before council? Hempel: That's a very good question. I'm not comfortable, I'd estimate 30 days. Sidney: Really? Okay. Peterson: I've just got a couple. I think that I still am not comfortable with the alley way. Part of it maybe I just can't picture it other than an eyesore. Doors being traditional, very dark metal doors and over lighted it's going to attract more eyes to something that I think is a negative. ...lighted you've got safety issues .... like the first time, I guess I don't like it now. I don't have an alternative. As it relates to the parking, I feel like Kevin to some degree. I don't think parking, the number of spots is as much of the issue as the impervious surface is an issue to me. I don't think we should lower the parking. That says lower the number of cinema's. And I don't want it to look like Target parking lot that it's one big, wide area of people walking down the blacktop .... usage and quality of the structure that the parking lot is speeding to. Lastly, I'm a little bit concerned about the, if you look at the old entrance to the theater, you've got an area up there that is pretty big as far as the "boardwalk" in that area. Essentially it's going to be vacated. It's going to look like something that was meant to be pedestrian friendly but is never going to be used by pedestrians in all probability. Nothing other than exiting the theater that you're going to want to walk up those steps in one area. That part doesn't fit. Other than that, it gives me the feel that I was hoping for. I haven't got a problem towards for the recommendation for approval this evening. Conrad: I would recommend we table Mr. Chairman to get a traffic review of the impact of not having an east/west corridor through this site. Blackowiak: Second that. Aanenson: Point of order. We're at the end of the 120 days so if you are going to table, I'd like to have the applicant's consent. Otherwise...talking to Sharmin. We're at the end. Peterson: Hearing that, would the applicant agree to that or not? 43 Planning Commission Meeting - July 7, 1999 Aanenson: We're at the end of the 120 days so we have to have a letter, write something, a letter for the extension. Bob Copeland: ... Peterson: Based upon Dave's comments earlier, I don't really see a compelling reason for another traffic study. If it's that obvious that it won't work, why go through hoops? Blackowiak: But then this will go to council before the traffic study's back and they won't know. Peterson: I'm saying we already know about the east/west... It wasn't a question. Aanenson: I guess the point was maybe put a signal or something like that... There may be other ways to mitigate it. Hempel: Maybe some traffic mitigation measures along Market Boulevard that could be incorporated. Peterson: Okay. Point noted. We have a motion to table and a second. Any discussion on that? Conrad moved, Blackowiak seconded that the Planning Commission table the Site Plan Review #95-21 to demolish the existing Chanhassen Bowl/Filly's building and construct eight movie screens and a retail element, variance to allow non street frontage signs, marquee sign, and hard surface coverage and preliminary plat for the Cinema Addition and direct staff to prepare a traffic study regarding the impacts of not having the east/west connectionto Great Plains Boulevard. All voted in favor, except Peterson who opposed, and the motion carried with a vote of 5 to 1. Peterson: For the reason I noted. I don't think it's necessary. There was a question asked from the audience that was not picked up on tape. Peterson: Dave. Hempel: I would use the existing traffic engineer that you retained previously. He's got all the data. Conrad: Mr. Chairman could I comment? Peterson: Yes. Conrad: I don't think, until you solve the parking issue and make it clearer for me, you're going to have a hard time persuading me. I think it's a pretty project .... that point. I want it here. 44 Planning Commission Meeting - July 7, 1999 Until you can tell me where those excess cars are going to park, and until you can somehow significantly tell me that they're not ever going to be needed. I know I'm talking about hocus pocus. You never know. You have to assure me there's a place for them. It can't be across the street until you get, if you get a commitment from other merchants that said it will happen, I think I can start buying some of the building. I think you have to also solve some of our, the impervious and landscaping issues. The staff report, I'm still not, the staff report was in conflict with what I heard. Staff has, there's a lot of reasons this should be tabled. It's not just one. I'm hoping you're hearing some of the things that we said and come back. I don't want it to just...with one issue here. There are several. It's a good pro,ject. We'll try to make it happen if it's justified but...95% impervious surface, there has to be something that resolves some of what impervious surface is meant to accomplish. That's either take out concrete. We've got to do something. Aanenson: What I heard is the east/west, number of parking stalls. Particularly how that works. Landscaping. Hard surface coverage and the quality of materials. I think what we had asked in the report is to show a cross section articulating, see how much back and forth. Conrad: Did you hear pedestrian circulation as a concern? Aanenson: Yes, and I also added to what Craig said is that boardwalk. What happens over at that other end when it's no longer the emphasis and how that works. And the alley way. Conrad: Yeah, the alley is a big deal. Peterson: Talk myself out of my nay. One of the things about traffic you may want to do, with Mr. Copeland leaving but I think I'm sure he's done proforma's on percentage of vacant seats in the theaters at any time. I think show us those. You know they're not going to be full 100% of the time, if ever. So that can be very compelling to us too as far as the number of people. Aanenson: Okay I've got a, we're in a legal bind here and I'm not sure how to resolve it. If you want to call the City Attorney. We need a letter tonight to keep, I mean you've recommended tabling. The applicant is not going to give us a letter to keep the contract with the timeframe. Bob Copeland: ... Aanenson: What happens if you don't get the letter then I would recommend denial or approval with conditions. That's what I would recommend. Otherwise. Peterson: Then it moves on. Otherwise it's not going to move on. Aanenson: It exposes us to the possibility of getting it approved because we passed the time frame. I don't have a letter that's existing in the file in front of me. Al-Jarl: I haven't either. 45 Planning Commission Meeting - July 7, 1999 Blackowiak: He said verbally. I mean...he said he would do it. Aanenson: I'm not the City Attorney. I can't address that. Bob Copeland: We've given a letter. You did ask for it. A1-Jaff: We don't have it. We never received it. And that's what we're asking. Aanenson: We're just saying if you can write it and sign it tonight, and I'm not sure that that's happened before. Conrad: The time limit expires when? Aanenson: The next City Council meeting. I don't have it. I'm relying on Sharmin. Peterson: The effect of letting it expire is what? Aanenson: It gets approved. _ A1-Jaff: It's automatically approved. Bob Copeland: ...I already did this but I'll do it again. Peterson: Okay Kate, what do we at a minimum need tonight? Or can it be done tomorrow? We won't be here tomorrow so we can't. We have to get it. Aanenson: Exactly. Therein lies the problem. I can't get you back. I have a letter on file, we're asking for 30 days extension. Peterson: So we either need a letter tonight or we'll reactivate the motion and either accept it or not. Blackowiak: So is it 30 days from tonight or 30 days from the end of the original? Aanenson: Based on the end. Blackowiak: Okay. Aanenson: Sharmin said end of this month. Blackowiak: So an additional 30 days. Peterson: Are you comfortable giving us a letter tonight or would you like us to vote on it again? We're just talking. This is...politics per se but we have to do it the right way to make it work. 46 Planning Commission Meeting - July 7, 1999 Ron Krank: ...we would like to work... Peterson: Let's do that tonight. Sharmin, do you want to do that? Gerald Rummel: My name is Gerald Rummel...and my comment here about...and he's in limbo with what's going to happen. If it's going to be extended for 30 days...get the traffic study done and bring it back... Peterson: Kate, when will that start? The 30 days? 30 days is a maximum. It won't necessarily be extended the full 30 days. Aanenson: It's all predicated on their traffic study. The next available planning commission, it's not going to be until the first one in August. I don't think they can get the traffic study done, so that would put you to the first one in August. We've got a full agenda. I don't know how we'd get it on. Then we would go to. Peterson: I'm willing to dedicate 20 minutes to a half hour to it... If we can work towards that and let's do the 30 day letter and see it signed and move this out. Aanenson: Even if you get... Peterson: Everybody comfortable? Okay. Let's take a 5 minute break. PUBLIC HEARING: STEINER DEVELOPMENT REOUEST FOR AN AMENDMENT TO THE PUD FOR ARBORETUM BUSINESS PARK TO PERMIT CHURCH ASSEMBLY WORSHIP AS AN ANCILLARY USE IN THE DEVELOPMENT. Kate Aanenson presented the staff report on this item. Peterson: Could you explain, I did not get the City Manager's cover memo as to what he's trying to say. Aanenson: That we can't require that. Peterson: The part I didn't get was specifically that. Aanenson: The applicant can speak to that but they are leasing the space so it's really moot. It's a non issue because they're leasing the space so the underlying property owner is paying taxes. They are leasing as a tenant. So they are paying taxes. Peterson: Paying the prorated portion of the expenses. Blackowiak: I kind of like that idea though. I mean theoretically that, I mean there's a PUD 47