HomeMy WebLinkAboutCU93-02 CUP/Variance Adm. Plat
CITY OF PRIOR LAKE
PLANNING DEPARTMENT
INSPECTION REPORT
FOR: Subway, 16711 Duluth Avenue Prior Lake, MN 55372
ANNIVERSARY DATE: May 1, 1996
INSPECTION DATE: 10-11-95
INSPECTOR: Deb Garross, Assistant City Planner
APPLICATION TYPE:
SITE:
Pill:
NAME:
ADDRESS:
PHONE:
LOC EXPIRATION:
CUP CU03-02 Annual Inspection
16711 Duluth Avenue, L 1, B 1, Busse 1 st Addn.
25-902-049-0
Brad Busse
OTHER:
N/A
CONDITIONS OF APPROVAL:
Allow a fast food restaurant in a B-1, Limited Business Zone
See P.C. Minutes dated 3-1-95
See C.C. Minutes dated 5-1-95
INSPECTION RESULTS:
The inspection revealed the site to be in compliance with the approved CUP with the exception of the
landscape plan. Specifically, one Greenspire Linden tree has died on the southwest side of the building.
RECOMMENDATION:
Recommend a letter be mailed to the applicant Spring, 1996 to replace tree.
CERTIFIED LETTER MAILED: N/A at this time
RESPONSE
RECEIVED:
CERTIFIED LETTER MAILED:
RESPONSE
RECEIVED:
1996 INSPECTION DATE:
LOC EXP. DATE:
FILE DISPOSITION:
OPEN: CLOSED:
ATTACHMENTS:
16200 l.Ca!gbzu(]".mek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
',' ~
.
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
,
I
6
HORST GRASER, DIRECTOR OF PLANNING
CONSIDER APPROVAL OF PRELIMINARY PLAT
BUSSE FIRST ADDITION, CONDITIONAL USE PERMIT
FOR A SUBWAY CONVENIENCE RESTAURANT, VARIANCE.
MARCH I, 1993
The applicant Davann,Inc. and Bradley A. Busse
have petitioned the City of Prior Lake for a
sUbdivision review, conditional use permit to
construct a Subway convenience store and two
variance applications to facilitate the
construction of the store on Lot I, Block 1,
Busse First Addition as proposed. The
subdivision request is being processed in
accordance with Section 6-3-2 of the
Subdivision Code, the standard subdivision
process. The conditional use permit is
processed in accordance with Section 7.5 of
the Zoning Code. The variances were approved
by the Planning Commission in accordance with
Section 7.6 and will not require approval by
the City Council.
The subject site contains about 1.3 acres of
B-1 limited business zoned land and is located
adjacent to Jo-Anna Stepka's 2nd Addition
which is a single family neighborhood. Staff
met with Mr. Kopischke on several occasions to
discuss and recommend that the building design
be respectful of adjacent single family and
business uses.
The Planning Report (attached) suggests an
alternative driveway entry closer to the
intersection of STH. 13 and Duluth. City
Engineer Anderson was present at the 2-4-93
Planning Commission public hearing to discuss
his memorandum (attached) and traffic
movements relative to the subject property.
He recommended that the alternative access
would adversely affect traffic by resulting in
an unacceptable stackin9 distance for the STH
13 and Duluth intersectlon and poor ingress
and egress to the site.
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
ALTERNATIVES:
RECOMMENDATION:
\ ~
Several members of the audience entered
comments into the record which have been
incorporated into the minutes of the Planning
Commission meeting of 2-4-93 and are attached
for your review. Please note that the minutes
of the Planning Commission Public Hearing have
not been officially approved by the
Commission.
The Planning Commission examined the facts and
determined that Busse First Addition and
Conditional Use Permit are consistent with the
Prior Lake Subdivision Ordinance and
Comprehensive Plan and moved as follows:
MOTION BY LOFTUS, SECOND BY WUELLNER TO
APPROVE BUSSE FIRST ADDITION PLAT
SUBJECT TO ALTERNATIVES LISTED IN STAFF
RECOMMENDATION AS (1) AN EROSION CONTROL
PLAN SUBJECT TO THE APPROVAL OF THE CITY
ENGINEER; (2) THE RIGHT-OF-WAY FOR DULUTH
BE INCREASED BY 7 FEET FOR THE EASTERLY
152 FEET OF DULUTH AVENUE; (3) SEWER AND
WATER PLANS MUST BE SUBJECT TO THE
APPROVAL OF THE CITY ENGINEER; (4) THE
DIMENSIONS FOR LOT 1 BE ADJUSTED TO A
MINIMUM LOT SIZE OF 20,000 SQUARE FEET.
MOTION BY LOFTUS, SECOND BY WUELLNER TO
GRANT THE SUBWAY CONDITIONAL USE AND
VARIANCE IN PARCEL 1 TO INCLUDE A 15.05
FOOT SETBACK VARIANCE TO HWY. 13 AND 11
FOOT SETBACK FROM DULUTH AVENUE AND ALSO
THE CONDITIONAL USE INCLUDE A VARIANCE OF
PARKING SPACES BE REDUCED FROM 40 SPACES
TO 27 SPACES AND CONDITIONAL UPON WEEKDAY
HOURS CLOSING AT MIDNIGHT AND FRIDAY AND
SATURDAY HOURS CLOSING AT 1:00 A.M.
THE MOTION CARRIED 3:1; AYES LOFTUS, WUELLNER,
ROSETH, ARNOLD. NAYES; GREENFIELD.
The applicant
preliminary plat
items 2 and 4.
has submitted
satisfactorily
a revised
addressing
1)
Approve the applications for subdivision
and conditional use as recommended by the
Planning Commission.
Deny the applications as applied for.
Continue the hearings as may be
appropriate.
2)
3)
Alternative #1
MOTION REQUIRED:
Two
1)
2)
separate motions are required:
To approve the preliminary plat of Busse
First Addition as amended subject to;
a.) Submission of an erosion control
plan subject to the approval of the
City Engineer.
b.) SUbmission of sewer and water
construction plans subject to the
approval of the City Engineer.
To approve the conditional use permit for
a Subway fast food store on Lot 1, Block
1 of Busse First Addition subject to;
a.) To limit the ho~~&._~~ operation
as follows: Weekday~~rdnight
Friday & Saturday - 1:00 a.m.
"CU9301"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
1
PUBLIC HEARING BUSSE FIRST ADDITION
PRELIMINARY PLAT; SUBWAY CONDITIONAL USE AND
VARIANCE
DAVANN INC., CHANHASSEN, MINNESOTA
HORST GRASER, DIRECTOR OF PLANNING
X YES NO
FEBRUARY 4, 1993
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The purpose of this public hearing is to consider three distinct
applications: Preliminary plat consideration of Busse First
Addition; conditional use permit to locate a fast food restaurant
(Subway) in a B-1, Limited Business zone; and variance
applications to allow reduced setbacks from S.T.H. 13 and Duluth
Avenue and reduction of required ~arking spaces for a fast food
establishment. The three app11cations are bein9 considered
contemporaneously because of the interrelationsh1p of the
SUbdivision to the development proposal. However, it is
necessary to distinguish between the applications in the review
process since the subdivision, conditional use and variance
process are separate issues. A separate motion in the form of a
recommendation to the City Council, will be required. Each
motion should be supported by findings of fact, performance
criteria and hardship findings relevant to the specific
application.
The attached agenda packet contains the application for
subdivision, conditional use and variance along with a written
proposal prepared by the developer, supporting maps and data.
The applications are followed by a packet illustrating sign
options for Subway, a separate packet containing memorandums from
City staff and MNDOT and finally the public hearing notice and
maps published in the Prior Lake American and mailed to
approximately 75 residents, business owners, utility companies
and affected agencies.
SUBDIVISION REVIEW:
The preliminary plat of Busse First Addition is being processed
as a standard SUbdivision with the procedures and requirements
outlined in Section 6-3-2 of Subdivision Ordinance 87-10. The
developer petitioned for subdivision review under Section 6-3-1,
Abbreviated Subdivision Process. However, it is impossible to
segregate the SUbdivision and land use process since the
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLOYER
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conditional use would not be valid for the site proposed, because
Lot 1 will not exist until the subdivision is approved.
The site contains approximately 1.3 acres and is located north
and east of the intersection of Duluth Avenue and S.T.H. 13. The
site is zoned B-1, Limited Business and is surrounded by R-1,
Urban Residential to the west, R-2, Urban Residential to the
north, B-3, General Business to the south and B-1, Limited
Business to the east. The minimum lot size in the B-1 District is
20,000 square feet with a minimum width of 120' on a public road.
Adjacent land uses correspond to the zoning district permitted
permitted uses including, single family residential to the west,
a four plex to the north, Prior Lake state Bank to the east and
Priordale Mall/ Marquette Bank to the south.
The proposal is to divide the 1.3 acres into two lots as per
attached preliminary plat map. Proposed Lot 2 contains 38,204
square feet and an existing parking lot ~arking lot currently
used by Prior Lake state Bank to prov1de convenient customer
parking, close to the front entrance to the bank building. No
use is proposed for Lot 2 at this time however, it is anticipated
that a use conforming to the B-1 district requirements will be
developed at a future date. Proposed Lot 1, contains 20,098
square feet and is the future site of the Subway restaurant.
Both proposed lots meet or exceed the Zoning Code requirements
for the B-1, Limited Business district.
Assessments:
See memo from Ralph Teschner dated November 4, 1992 for details.
The subject site does not have water and sewer service available
to the property. The developer will be responsible to provide a
connection to utilities available within the street intersection
of Duluth Avenue and Anna Trail. See attached Grading and
Utility Plan. The existing utilities were installed in 1959.
The applicant will be responsible for the extension of the
service lines for the purpose of connection to the City's
municipal system. Since utilities do not abut the property and
the developer would incur the service cost, the parcel would not
be assessed front footage. The subdivision is subject to charges
for Trunk Water and Sewer ($2750.00/acre); Stormwater Management
Fee (20.3 cents/sq. ft.) and a Collector Street Fee of
$700.00/acre. Total City fees required for development of the
subdivision amount to $16,458.31 dollars, which will be collected
upon entering into a developer's agreement for the utility
improvements.
Comprehensive Plan:
There is little guidance offered by the 1981 Comprehensive Plan
for the development of the subject site. The Comprehensive Land
Use Plan and Zoning Map indicate commercial use for the site.
Policy 3 of the Land Use Plan indicates that new business
development should be confined to the Downtown and Brooksville
Center areas. There is mention of the need to integrate the
various business centers along the Highway 13 strip by improving
pedestrian and vehicular access.
S.T.H. 13 is classified as a minor arterial, designed to
accommodate medium to short trips at moderate speeds. Minor
Arterials also connect neighborhoods, subregions, and activity
centers within the urban area. Duluth Avenue is classified as a
collector which is intended to collect and distribute traffic to
the arterial system at lower speeds. Access includes minor
arterials, local streets and direct land access. The
Comprehensive Plan indicates that sidewalks and trails are
recommended along the entire major street system. The collector
streets such as Duluth Avenue, connect all areas of the City and
are conveniently located to provide suitable alternatives to
travel by automobile.
The sUbdivision proposal is consistent with the objectives of t~e
Comprehensive Plan. Duluth Avenue is scheduled for upgrade 1n
1997 with the cost to be distributed between City and Municipal
state Aid (MSA) funds. The existing 24' wide road will likely
be widened to 32 feet with bike path and sidewalks and posted for
no parking. The 1991 ADT for Duluth Avenue was 3,500 vehicles per
day. The projected ADT for the year 2011 is 5,000 vehicles per
day. The Subway proposal should not significantly affect traffic
volumes along Duluth Avenue.
Gradinq & utility Plan:
The site is generally flat and contains no predominant natural
features. The grading plan indicates that Lot 1 will be graded
to accommodate the Subway restaurant and parking lot
construction. The applicant proposes not to grade Lot 2 at this
time, but to wait until a future development proposal is
approved. Storm water currently flows into the ditches located
along Duluth Avenue and S.T.H. 13. The proposal is for the
existing drainage patterns to continue.
The proposed sanitary sewer and watermain plan indicates that
sanitary sewer would extend generally southerly from Anna Trail
along the west side of Duluth Avenue and cross under Duluth
approximately between the tow proposed lots. An 8" water main
would extend southerly along and cross Duluth Avenue near the
sanitary sewer. A hydrant is proposed adjacent to Lot I, along
Duluth Avenue to provide fire protection.
The Engineering Department reviewed the plat and development
proposals and recommends the following.
1.
An erosion control and grading plan for the site must be
provided, acceptable to the City Engineer.
The right-of-way width for Duluth Avenue adjacent to the
proposed plat should be 80 feet. Seven feet of
additional right-of-way for Duluth Avenue must be
dedicated adjacent to the easterly 155 feet of the
plat.
2.
3. The sewer and watermain construction plans must be
approved by the City Engineer.
Park Dedication:
See memo from Bill Mangan dated, December 23, 1992 for details.
The park dedication requirement for Busse First Addition will be
a cash dedication in the amount of $5,830.00 dollars.
General Discussion:
The proposed subdivison would add two lots to the block currently
developed with Prior Lake State Bank, the ~ost office and Carols
Furniture. Although both lots meet the min1mum size requirements
they will be the smallest lots in the block. Lot 1 will need to
be slightly increased to account for the 225 square feet lost to
right of way dedication required adjacent to DUluth Avenue.
The subject site is perhaps one of the prime vacant sites
available along the S.T.H. 13 Strip. Development will be a focal
point in the Priordale Shopping area and serve as a transitional
land use between S.T.H. 13 and the single family residential
development to the west. Any development must be respectful of
this relationship. To accommodate this objective the applicant
should consider adjusting the common property line, increasing
the building envelope and providing additional design and
landscape flexibility for Lot 1.
Lot 1 is not an efficient lot from a development perspective. It
is bordered by roadways on three sides with setbacks of 50 feet
from S.T.H. 13 and 85 feet from the travelled roadway of Duluth
Avenue, resulting in a small and difficult building envelope. It
is typical for inefficient lots such as this to be overbuilt and/
or to ask for relief via the variance process as will be the case
in the Subway conditional use to be reviewed contemporaneously
with the plat.
Alternatives:
1. Find the preliminary plat of Busse First Addition consistent
with the Comprehensive Plan and in compliance with the
Subdivision Ordinance subject to:
a) An erosion control plan subject to the approval of the
City Engineer.
b) The right of way for Duluth be increased by 7 feet for
the easterly 152 feet of Duluth Avenue.
c) The sewer and water plans must be subject to the
approval of the City Engineer.
d) The dimensions for Lot 1 be adjusted to a minimum lot
size of 20,000 square feet.
2. Deny the plat based upon specific findings.
3. Continue the hearing for specific purposes or lack of
information or detail.
..;
PLANNING COMMISSION
MINUTES
FEBRUARY 4, 1993
The February 4, 1993, Planning Commission Meeting was called to
order by Chairman Roseth at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, LOftus, Wuellner and Greenfield,
Director of Planning Horst Graser, Assistant City Planner Deb
Garross, Planning Intern Jim Hayes, Acting Secretary Phyllis
Knudsen
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Wuellner wanted second to the last paragraph on page
one to read "water oriented structures should not only conform to
setbacks and maintain minimum distance from high water elevation
but also have permanent foundations."
Last paragraph having to do with contiguous side by side lots
also there was verbage in the ori9inal version having to do with
lot size and lot width and Commiss~oner Wuellner pointed out that
there was a wider width at the building line than there was at
904 and that only applies to a very few of the lots on Twin Isle.
The majority are pie shaped wider at the lake. The Draft as it
was written would not apply to the ma~ority of the lots. The
Ordinance should apply to the maJority of the lots that are
available for development on the Island. The majority of lots
are pie shaped narrower at the back and wider at the lake.
On page 4 Commissioner Wuellner made the point that the
compar~son of Prior Lake to other adjacent communities, i.e.
Savage, Shakopee, Farmington, Lakeville, etc. "I think in most
cases with this type of Shoreline Ordinances that it is
irrelevant because Prior Lake is really a unique community
because of the diverse topo9raphy we have and the fact that the
dominant feature of the area ~s the lake". Second point: in his
opinion relative to the 18% coverage ratio issue, adequate two
story and multi-level housing could be built with a three car
garage in excess of 2000 sq.ft livable on the lots that were
platted in the
City to change
community at
problem.
Commissioner Greenfield moved
corrections of the minutes from
of the agenda in the light
heard. All agreed.
area. He also felt that it is not prudent for the
the entire Ordinance which affects the entire
the request of one developer because he has a
to table discussion of the
the previous meetin~ to the foot
of two pUblic hear~ngs yet to be
ITEM II - PUBLIC HEARING: BUSSE FIRST ADDITION
Commissioner Roseth opened the public hearing at 7:40 p.m. to
consider the SUbdivision, Conditional Use and Variance for Busse
First Addition and Subway.
Greg Kopischke of Westwood Professional Services represented Brad
and Mary Busse. The proposal is to subdivide a 1.2 acre parcel,
adjacent to the Prior Lake State Bank, at the intersection of Hwy
13 and Duluth Ave., into two commercial lots. The applicant
proposes to develop a Subway convenience food restaurant on
one of the two parcels.
Mr. Kopischke showed renderings of the design of the building,
landscape design which is in compliance the existing draft of the
landscape ordinance, parking lot, etc. They are proposing to
grade Lot I which is proposed for SUbway, the standards relative
to screening the single family area adjacent across Duluth are
meant to allow for some screening or buffering of commercial
activities. The plan is generally consistent with the intent of
draft landscape ordinance that is currently in process.
According to the Zoning Ordinance, Subway, a fast food restaurant
requires a Conditional Use permit within the B-1 Zoning District.
The proposed Subway will contain 1600 sq.ft, with the seating
area oriented towards the front, counter area, kitchen located in
rear. The building design maintains some of the residential
character from the neighborhood using gabled roofs, using brick
of the same height and color as the adjacent bank. Signage will
be placed on two sides of the building, one facing Hwy 13.
Access was a major concern due to intersection congestion,
stacking and so forth. The driveway entrance was moved back as
far as possible from the intersection. One alternative reviewed
was to locate a driveway near Anna Trail, but the distance to
Hwy. 13 was not sufficient to allow for safe stacking, safe
movement in proximity to the lighted intersection. The applicant
acknowledges that there is concern about having a driveway access
opposite from single family homes so the drive was cenntered in
the lot lines. It would line up directly across two driveway
accesses. It would minimize the impact to the greatest extent
possible rather than having the driveway access opposite someones
living room window.
Pylon sign to be erected along with signs on the building on the
northwesterly side and southerly side adjacent to Hwy 13. Pylon
sign will be of permitted height and size according to City
standards.
Parking: The applicant requests a Variance for re~ired parking
spaces. The City Ordinance for this particular s1te in terms of
square footage requires 40 parking stalls. History has shown with
free standing Subways that they do no require that many stalls.
We have researched 14 other communities in terms of what they
would require and found a range from 14 to 41, with the majority
in the mid 20's. The applicant requests a variance to permit 27
parking stalls based on other Subways of this size and the number
of seats, etc.
The applicant also requests a building setback variance. The
structure meets the front yard setback requirements of a B1
District being 30 feet from street ri~ht-of-way. However, the
Ordinance does dictate a 50' setback 1S required from Hwy 13. We
request approximately a 15' variance at that point. The
requirement off Duluth is 85' from center line and we are at 74'
- 85 according to the plans so we are looking for an 11' variance
for just a corner of the buildin~. We did look at various
options trying to locate the bU1lding in other spots but found
with trying to keep access back away, parking really needed to be
where it is to keep it away from the residential area as well.
Discussion followed.
Mr. Brad Busse introduced himself and his wife as the new owners
and manager of the Subway and they also are the franchise owners
and o~erators of the Subway in Bloomington. They plan to work
at th1s store making sure that the standards are kept up which is
one of the conditions upon continuing the franchise with the
Subway. Along with the involvement on a daily basis we also
pledge to become involved with the community, i.e. sponsoring
school programs, commendations for students, sponsor Boy Scout
Troop activities, etc.
Horst Graser, Director of Planning presented staff reports. This
is a three-fold project. Hearings for each of the different
requests were convened contemporaneously in order discuss them in
interrelating issues that are involved with the SUbdivision,
Conditional Use and the Variance.
Mr. Graser presented slides of subject subdivision, elaborated on
the zoning, conditional use and the variances that are asked for.
There are three options that the Planning Commission has as
outlined on page 3 and 4 of the memorandum: 1. Deny the Plat
based upon specific findings, 2. Continue the hearing for
specific purpose or for lack of information or to do an
alternative ~lan, 3. Find the preliminary plat of Busse's 1st
Addn is cons1stant with our Comprehensive Plan in compliance with
the Subdivision Code. The Planning Commission may attached
conditions as deemed appropriate.
Staff recommendeds #4, that the Plan not be approved until all
conditions are met.
The Conditional Use Permit is part of the same package is being
submitted under Section 7-5 of the Zoning Code and the Variance
under 7-7-6. Specfic variance is approximately 15' from S.T.H.
13, 11' front yard setback from Duluth and a reduction in parking
space requirements from 40 to 27 stalls.
Mr. Kopischke was advised that when developing this lot, the
project should be extremely sensitive to the residential area,
and be respectful of the existing commercial uses, the bank and
the Priordale Mall area.
Duluth is designated as a Collector street. The year 2010 will
carry between 7,000 and 9,000 vehicles per day and if Hwy 13 is
not reconstructed to a freeway status, the traffic will even be
greater. The plan in ~eneral conforms with the performance
standards and approval cr1teria that are listed in the Zoning
Code. The expected daily trips is expected to be 440 A.D.T.
having two peaks about noon and later in the evening. The access
is from Duluth, City Engineer Anderson discussed an alternative
driveway location located opposite Anna Trail. The stacking
distance between Hwy 13 intersection and alternative site
entrance would not be adequate and therefore the entrance as
proposed is the better and safer one. This entrance would line
up right in the center of the driveways of Lots 6 and 7 across
from the entrance so that even if people were stopped for a
considerable length of time, the headlights wouldn't be directly
in someones front room.
Mr. Kopischke stated that the heaviest berming would be along
Duluth to hide the trash receptical and to hide noise eminating
from the order board.
The owner should consider a plan to clean up adjacent properties
on a structured basis. It is also important that maintenance of
the grounds and structure be ongoing as it is vital to preserving
the image of a 9Uality and respectful place that is used to
buffer commerc1al development and Hwy 13 from the residential
area.
Staff has outlined three alternatives and those are to 1. deny
the application, 2. continue the hearing for additional
information or direction at you~ choice, 3. find that the
conditional use permit and var1ances are consistant with the
Comprehensive Plan and within the spirit and intent of the Zoning
Code and that approval is deemed appropriate.
Audience Comments:
Neil BOderman, General Partner and Owner of priordale Mall if
they estimate 440 trips per day, and 70% of business is conducted
in a 3 hr span making approx 100 trips per hour then the number
of ~arking stalls doesn't seem adequate. Also if hours are to be
unt1l 2 a.m. it would probably become a hang-out for teenagers.
Jim Netsfeld, Owner of NAPA - I think it would be a good addition
to the community to have another selection to choose from for
fast foods. In response to previous speaker, most of the traffic
would be drive thru so would not need the parking.
Emmy Schneider - resident - concerned with width of the street
uses Hwy 13 and Duluth and feels that with the growth that the
City is anticipatin9 that it will become a very busy intersection
so her concern is w1th the 15' variance from Hwy 13 and with the
11' variance from Duluth. If Duluth will eventually be redesigned
with right turn lanes, we certainly need more than 30' there.
Future traffic problems and when other lot gets developed it will
again increase traffic - might Anna Trail cross over to make
another exit or entrance to Hwy. 13.
Jan Hansen - Citizen Forum - suggests having a trash rece~tacle
at the exit with an extended shoot so that they can throw 1t in
from the car window - Regarding parking stalls may look at the DQ
as it is a comparable business.
Bill Schoenecker - has been working with the Busse's, and on
their behalf has talked to the neighbors across the street on
Duluth. Of the people he has talked to, none of them are against
the proposal. The only comment they made was they didn't want a
gas station put there.
W.B. Thomas (letter written to Deb Garross) See attached letter.
In brief - does not object to Subway being built in Parcel 1 but
does object to entry and exit off Duluth Ave. Would rather see
these off Hwy. 13. - Thinks additional noise and traffic would
decrease property values.
Deb Garross submitted comments by Howard Clausen, Owner of Dairy
Queen who could not attend tonights meeting. He objected to the
Subdivision and the Conditional Use Permit. Basis of these
objections he felt that traffic would be a concern of his based
on the intersection and the amount of traffic that would be
generated from the Subway use, concerned about the lights and
compatibility issues that have been discussed this evening
between the business and residential district. He also felt that
other land is available in the community for such a use and that
he didn't feel that special consideration be given to this
particular business at this particular location.
Bradley Busse - regarding Mr. Grasers comment of the 440 cars per
day - our estimate shows we will have 200 customers per day, and
2 or 3 person carloads would greatly reduce that carload _ We are
anticipating an average of 200 customers per day with anywhere
from 150 to 200 cars per day coming through the area. Based on
Subway records, 30% of sales are from the drive-thru or about 60
per day drive-thru.
Greg Kopischke - when one looks at traffic count one looks at a
trip being in and a trip being out - or 200 transactions per day
equals 400 trips. They also took into account the employees
coming and going and delivery vehicles coming and going on a
regular basis. The parking stalls closer to Duluth might be
designated as employee parking as they would be the furthest from
the door and that would lessen the activity of those stalls that
seem to be of a concern especially during peak times then the
employees are going to be tied up anyway. Regarding the trash
concern: the Busse's plan to be here and have every intent of
being a good neighbor and will be policing the site to make sure
that everything is in order.
Bob SChaffer - resident - The building is just going to be a
first rate structure and if this building wouldn't be a~pro~riate
there what might you hope to accomplish on that corner ~n l~eu of
this. I encourage you to support this and allow them to build.
Martha Hoover resident and realtor - personally spoke to 16
of the 30 agents in the office they personnally support this
improvement to the community - With concern that this become a
hang-out for the kids, it would become jOb ~otential for them.
We encourage the Commissioners the support th~s development to
our community.
Public Hearing was closed by Commissioner Roseth at 8:40 p.m. and
then asked the other Commission members for their comments.
Commissioner Wuellner: Asked Mr. Busse if Subway had guidelines,
suggestions, or regulations to a minimum or recommended numbers of
parking spaces who responded that they don't have specific
numbers all they can draw on ultimately is when different stores
are operational and are doing just fine. He has surveyed four
stores that have drive-thru free standing facilities such as we
are proposing anywhere from 20 to 26 stalls.
Commissioner Wuellner also asked Mr. Busse's intent of hours of
operation, and has there been research done by Subway or you as a
Subway operator, are you able to project by the hour what the
incremental bookings are between 10-11 p.m., 11-12 a.m., 12-1
a.m. Mr. Busse responded that Corporate Subway has required hours
on national basis of Mon-Thurs from 10 a.m. to 2 a.m. but then
allow graces on these days from 10 a.m. to midnight. Then on Fri.
and Sat. the national hours are until 2 a.m. and except for a few
cities in the metro area the majority of the Subway
establishments are open until 2 a.m. and those are determined by
City Ordinance. He talked to the developmental concerning the
hours and they said there was a couple of pockets in the
Minneapolis area where these communities ordinances read stores
are open until 11 p.m. on weekdays and 1 a.m. on weekends. It is
Mr. Busses intent to work the the city for the good of both the
community and the propsed business.
Questioned if a traffic study had been done for the number of
vehicles exiting from the Bank? Mr. Graser did not have an
answer but estimated 400 to 600 trips per day which would be
similar. Mr. Wuellner was trying to make a comparison on an
already existing condition on the same street affecting the same
people on that street.
Commissioner asked Mr. Kopischke regarding the screening that is
going to put along the drive up order entry area and the trash
bin area, initially when it is planted how high is the screening
going to be and what will the optimum height be? Response was
scrubs initially at 2' to grow to 5'. Evergreens also to be used
would go in at 6' to 8' and grow to approximately 15' or so in 10
years.
Commissioner Roseth recognized that the 8:45 p.m. Public Hearing
on Shoreland Management Ordinance is due to start and asked what
the parlimentary procedure was for this. Horst Graser advised if
there were a lot of people waiting for that hearing perhaps it
should be convened, otherwise he felt it would be appropriate to
convene it and then continue it until 9:15 p.m.
Commissioner Roseth called the Public Hearing for the Shoreland
Management Ordinance at 8:45 p.m. to order and then continued the
hear1ng until 9:15 p.m.
Commissioner Greenfield interjected regarding traffic
felt that the noise corning from Hwy. 13 was going to
some of the concerns corning from the order board.
Commissioner Wuellner to City Engineer Anderson asking what is
the projected setback from Hwy. 13 and Duluth Ave as we now
enV1S1on them now to be developed in the next few years, i.e.
what is this intersection going to look like, what will Hwy 13
look like, what will Duluth Ave. look like, where is the building
going to fit in all of that.
noise, he
over power
Mr. Anderson states the City is goin~ through a Comprehensive
Plan update and he has been in contact w1th firm that is doing
the transportation plan for the City as late as yesterdar, to
discuss traffic on Duluth Ave. They have some prelim1nary
numbers for projected ADT on Duluth Ave. Those numbers are not
final. Preliminary of about 7,000 cars per day on Duluth Ave.
With that kind of traffic there would be for sure a right turn
lane corning off Duluth Ave onto Hwy. 13, a straight-ahead through
lane. That lane mar also serve as a left turn lane onto Hwy 13.
with the possibil1ty with a separate left hand turn lane
~
depending on the actual design and the traffic that we have then
there would be one north bound lane. The right-of-way that we
have requested would serve to provide the right-of-way necessary
for those improvements. The ri~ht-of-way does get wider at the
intersection to provide for addit~onal movements. We see that
roadway as being either 32' wide or 36' wide depending on actual
design with a sidewalk and bikeway on each side of the roadway.
That system for pedestrian and bikeways, I believe is very
essential to provide for the downtown connection from CR 21 to
the shopping center. There was a suggestion by the Parks
Director that we consider the sidewalk. I believe at this time
it would be premature to put the sidewalk in. That section of
roadway will have to be reconstructed from right-of-way width
across. We will convert that to an Urban section and then the
sidewalks and bikeways will be constructed relative to the
elevation and grades necessary to to roads. Hwy 13 is scheduled
for 1995 improvements for safety improvements for channelization
for which will be a two-lane roadway. Those improvements would
be very similar to section of roadway that is in place today. In
this particular area it is two lane with channelization. Those
improvements would be from CR 44 to CR 42. In the long term plan
the overall direction that the Comprehensive Transportation Plan
is looking at is that Hwy. 13 would become a four lane facility,
which would mean an additional lane onto Hwy 13 which would be
another 12' of widening to the north with ~ossibly a right turn
lane. It seems there is sufficient r~ght-of-way that exists
today to make those accomplishments both on Duluth and Hwy 13.
Regarding to the proposed parking lot, there is one stall that I
am concerned about and that is the stall on the northerly side of
the driveway adjacent to Duluth. The sidewalk or bikeway will be
right at the right-of-way line. We have requested an additional
7' of right-Of-way for once we slide the right-Of-way line out
and put the sidewalk right there we would have a conflict with
that particular car backing out there, so we suggest that the
stall in question be eliminated.
Commissioner Loftus asked Mr. Graser what the other conditional
uses would be in a B-1 District. Mr. Graser listed both permitted
and conditional uses. The Comprehensive guide that you say this
would be consistant with is a 1981 document, correct? Answer Yes.
Is there any different treatment in the 2010 Draft of this area
that you are aware of between the 1981 Plan and proposed new
draft. The zoning is consistant with the Comprehensive Plan and
if the zoning is consistant then the uses therein by way of
reasoning are also consistant. What we are trying to do in the
new Plan is relate businesses more to neighborhoods. Our
business community right now relates to highways and what we are
trying to do is be more village like in nature so that as a
community grows and highwars and transportation systems fail,
businesses don't fail along w~th it.
commissioner Loftus continues stating that seems everyone is
favorable regarding design and so forth that when you have a
fast food restaurant on a critical corner that is so visible that
from a planning aspect it strikes me that you have a solo use
just sitting out there by itself. Finds it a sense of
frustration that all of these fast food can't be linked together
instead of havin~ to get in your car and drive to all these
different locat10ns instead of being able to strole down the
sidewalk to choose from different tastes. Asked about the
possibility about Subway delivering which would raise traffic
count. Answer does not deliever as a rule except for party subs,
if company has a large meeting etc. Does not forsee this as
becoming a feature for their business.
Commissioner Arnold, because he came late he did not hear if some
of his questions were answered. Asked if the proposed driveway
was the safest and thought the Anna Trail alignment would be
better. Mr. Graser answered his question based on previous
testimony. Also asked about trash being found in adjacent yards
and asked if we have had complaints from the other fast food
locations in the area. Answer few complaints from Burger King
area but thinks that since none of the facilities have outside
seating that it is at a minimum.
commissioner Greenfield is pleased with the cooperation that took
place during the initial stages of this proposal between staff
and is very pleased with who the building is put together and
looks like it would be a welcomed place in the community. I
still would like to voice a concern about the trash that we
should express on behalf of the residents in the neighborhood
that we may have to look into the possibility of wrappers being
blown across the street. Also expressed his feelings regarding
the possibilities of using more footage of Lot 2 and turn the
proposed building 180 degrees would make the order board more
towards Hwy 13 henceforth less of a noise problem. These are his
opinions.
Also' was wondering about taking more than 7' for right-of-way.
Mr. Anderson and Mr. Graser answered the issue. Also wondered if
enough thought was given to placin~ the building on the lot, or
if other lots were considered Wh1Ch mi~ht negate the need for a
variance, or have the concern with traff1c flow, etc. Answer was
yes but felt they have designed a nice building to compliment the
area. Also questioned the hours again that because of the
residential nature of the area that a condition of operational
hours mi~ht be attached subject to approval of this Condition Use
Applicat1on.
Commissioner Roseth asked Mr. Busse how much of his product is
throwaway both in food stuffs and packaging. Majority of the
customers are dine in and receptacles are in the stores where 70%
of the garbage ~oes. On the carry out business most go through
the drive thru, p1ck up the sandwich and drive home to eat it.
The Corporate office im~resses on all franchise holders that
cleanliness is the best th~ng that you can have when you are
dealing with a restaurant. There is 4 or 5 times scheduled
during the day that the store is cleaned inside and out, trash is
picked up. Mr. Roseths concern was how much refuse was
degradeable and would hate to be at the order board next to the
trash bin on a 99 degree day. Thinks the dumpster is in the
wrong spot. Deliveries to the restaurant would take about 10
minutes once per week and there would is adequate s~ace to
maneuver the delivery truCk around. Was the State not~fied of
this proposed development? Yes they were notified and we
received a letter from MnDot stating no objections to either of
the ap~lications. They would not allow any direct land access
for e~ther of the lots, nor would they allow any regrading,
planting or any type of landscaping in their right-of-way.
Greg Kopiscke elaborated again on parking lot design, trash
location so that the hauler can get in and out, and people
what they want to eat so clustering probably would not have
effect.
bin
know
much
Tom Loftus - clustering was thought of if there was a line at one
you might change your mind and go to another facility cause the
option is there. Regarding the hours you are allowed by
corporate to shorten the hours, I am thinking of the employees and
safety reasons. Mr. Busse stated that the closer will be an
adult and cameras and alarms are to be installed.
Allen Greenfield - your original proposal of September
and water hookup had those on the bank side of the road
your December proposal has them on the residential side.
the decision made in light of citizen and street empact?
for sewer
and now
Why was
MOTION BY LOFTUS, SECOND BY WUELLNER TO APPROVE BUSSES FIRST
ADDITION PLAT SUBJECT TO ALTERNATIVES LISTED IN STAFF
RECOMMENDATION AS (1) AN EROSION CONTROL PLAN SUBJECT TO THE
APPROVAL OF THE CITY ENGINEER: (2) THE RIGHT OF WAY FOR DULUTH BE
INCREASED BY 7 FEET FOR THE EASTERLY 152 FEET OF DULUTH AVENUE:
(3) SEWER AND WATER PLANS MUST BE SUBJECT TO THE APPROVAL OF THE
CITY ENGINEER: (4) THE DIMENSIONS FOR LOT 1 BE ADJUSTED TO A
MINIMUM LOT SIZE OF 20,000 SQUARE FEET.
Discussion followed: Commissioner Greenfield would be in favor of
continuing an issue of this complexity with the number of
motions and stipulations etc. and get the issues more distinctly
expressed in paperwork and proposals before us.
Commissioner Arnold - should we see the design of the shifting of
parking spaces before approval?
Greg Kopischke could make it a condition of the approval but we
can work with Mr. Anderson of this parking stall in question.
Vote taken signified ayes by LOftus, Arnold, Wuellner, Roseth.
Nayes by Greenfield. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY ARNOLD TO CLOSE THE SUBDIVISION
PUBLIC HEARING.
Vote taken signified ayes by Arnold, LOftus, Wuellner,Greenfield,
Roseth. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY WUELLNER TO GRANT THE SUBWAY
CONDITIONAL USE AND VARIANCE IN PARCEL 1 TO INCLUDE A 15.05 FOOT
SETBACK VARIANCE TO HWY. 13 AND 11 FOOT SETBACK FROM DULUTH
AVENUE AND ALSO THE CONDITIONAL USE INCLUDE A VARIANCE OF PARKING
SPACES BE REDUCED FROM 40 SPACES TO 27 SPACES, AND CONDITIONAL
UPON WEEKDAY HOURS CLOSING AT MIDNIGHT AND FRIDAY AND SATURDAY
HOURS CLOSING AT 1:00 A.M.
Justification: Commission Loftus for a Condition Use it is
consistant with the Comprehensive Plan because it is a
Conditional Use listed in the B-1 Zoning District. The people
that testified during the Public portion of the hearing were
proponents of the applicant with only a few qualifiers but
applicant has stated they are responsible operators and intend to
exceed expectations so will not be detrimental to the general
welfare and health and safety of the community.
Commissioner Greenfield again is uncomfortable
this through without more time to look
it more thoroughly and feels that 1:00 a.m. is
with the residents.
with railroading
it over and discuss
more than generous
Vote taken signified ayes by Lotfus, Wuellner, Roseth, Arnold.
Nayes by Greenfield. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS TO CLOSE THE PUBLIC HEARING
ON THE CONDITIONAL USE AND VARIANCE APPLICATION
Vote taken signified ayes by Loftus, Wuellner, Greenfield, Arnold
and Roseth. MOTION CARRIED.
Public Hearing closed at 10:00 p.m.
Commissioner Loftus asked for a 5 minute recess.
ITEM II -
- - -----.--.----
I N T E R 0 F F ICE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
oj HORST GRASER, CITY PLANNER
~,BRUCE LONEY, ASSISTANT CITY ENGINEER
I BUSSE FIRST ADDITION PRELIMINARY PLAT REVIEW
JANUARY 21, 1993
The fOllowing comments are from the Public Works review of the
above referenced plat:
Preliminary Grading Plan
1. Grading of site should be revised so that the drainage of
site is towards Trunk Highway 13. Revising the grades will
eliminate the need of a storm sewer pipe on a future Duluth
Avenue improvement project.
2. An erosion control plan needs to be done for the site
development.
3. The right-of-way width for Duluth Avenue adjacent to the
proposed plat should be eighty (SO) feet.
Sanitary Sewer & Watermain
4. Sewermain and watermain lines should have a ten (10) foot
separation. On the west side of Duluth Avenue, a portion of
the pavement section will need to be removed, and details of
the pavement removal and restoration need to be submitted.
5. The existing topography and in particular, the trees along
Duluth Avenue are not shown. Trees to be disturbed or
removed should be specified on the plans.
Site Plan
6. The parking stall nearest Duluth Avenue should be eliminated
to provide a safe sight distance for future street and
sidewalk traffic.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447.4245
AN EQUAL oPPORTUNITY EMPLOYER
MEMORANDUM
TO:
FROM:
RE:
DATE:
HORST GRASER, DIRECTOR OF PLANNING
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
PARK DEDICATION REQUIREMENT FOR BUSSE FIRST ADDITION
DECEMBER 23, 1992
Since this is a commercial application, the park dedication
requirement will be treated just as all of the business
applications have been treated. The most recent application
involved Radermacher's County Market. However, that application
was substantially larger than this one. The most recent
application similar to this subdivision is the existing Burger
King restaurant.
For these commercial application, a raw land value is
assigned per square foot rather than per acre. The raw land
value for this subdivision will be $1.00 per square foot. As a
result of this determination, the parcel has a raw land value of
$58,300. The 10% park dedication requirement is applied to this
figure to result in a park dedication requirement of $5,830.
Horst, there is one other consideration to keep in mind with
this subdivision. Duluth Avenue is a collector street within the
city. Eventually, there will be sidewalk and bikeway on both
sides of the street. There is currently a bikeway striped on the
west side of Duluth Avenue. I would suggest to the developer
that, at minimum, a 5' concrete sidewalk be considered at the
time of construction. This sidewalk is identified in our city
trail system plan and should receive consideration for this
application.
If there are any comments or questions related to this
subdivision, I will be available to answer them.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
FROM:
RE:
DATE:
MEMORANDUM
Planning Department ~ /
Ralph Teschner, Finance Director~
Busse 1st Addition Preliminary Plat
November 4, 1992
The 1.33 acre parcel (PIN #25 902 049 0) does not have water and
sewer service available to the property. The closest proximity to
such utilities would be within the street intersection of Duluth
Avenue and Anna Trail. These improvements were originally
installed in 1959. The applicant, Davann, Inc. would be
responsible for the extension of the service lines for pUrpose
of connection to the City's municipal system.
Since utilities do not abut the property and the developer would
incur the service cost, the parcel would not be assessed front
footage. The subdivision would however be subject to the charges
outlined below:
Trunk Water & Sewer Charge
Stormwater Management Fee
Collector Street Fee
The a~plication of these City
follow1ng costs to the developer
square feet as provided within
plat description:
1.34 acres @ 700.00/acre
1.34 acres @ 2750.00/acre
58,302 sq. ft @ 20.3 cents
Total City fees
$2750.00/acre
20.3 cents/sq. ft.
$700.00/acre
charges would generate the
based upon a net area of 58,302
the site data of the preliminary
$ 938.00 (collector)
$ 3,685.00 (trunk)
$11,835.31 (stormwater)
$16,458.31
There are no other outstanding special assessments currently
certified against the property nor any ~ending deferments. The
above represented charges for the prelim1nary plat of Busse First
Addition would be collected upon entering into a developer'S
agreement for the utility improvements.
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. ~[~\"'NIESo>. \
i; It
~ 'f5
~ Of: l1\r>-~C::>
Minnesota Department of Transportation
MetropOlitan Division
Transportation Building
St. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No. 593-8533
December 15, 1992
Mr. Horst Graser
Director of Planning
City of Prior Lake
4629 Dakota St. S.E.
Prior Lake, MN 55372
In Reply refer to: TH 13
C.S. 7001
Busse First Addition
Duluth Ave/TH 13
Prior Lake
Dear Mr. Graser:
We are in receipt of the above referenced plat for our review in accordance with Minnesota
Statutes 505.02 and 505.03 Plats and Surveys. We find this plat acceptable for development
with consideration of the following comment:
· Work within Mn/DOT Right-of-Way along TH 13 Will not be allowed. Please
contact Bill Warden in our Permits Section at 593-8449 with any questions about this
issue.
If you have any other questions please feel free to call me at 593-8533.
Sincerely, (
-tJ~fL,~ . 0 . S(,~
William A Sirois
Senior Transportation Planner
cc: Dotty Rietow, Metropolitan Council
Brad Larson, Scott Co. Engineer
William Schmokel, Scott Co. Surveyor
All Equal Opportullity Employer
~
.
APPLICATION FOR 'mE SOBDMSION (R LAR>
WI'IHIN 'mE crry OF PRIOR LAl(E
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Address:
}.gent: Poone:
Address:
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Phone:
Poone:
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-
Legal Description of Property:
C. A/. KA?;?~..u.B"S- -r;e%j;!- $l.~C:~~.P
~
Present Zoning:
15-1
~ .
Property Acreage: ~Oa::)O S,r: c: .5AC)
Deed Iestrictions: lb,4 Yes
If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
oonditional use permit on the subject site or any part of it:
lb t>< Yes What was requested:
When:
I have read the Prior Lake Slbdivision Ordinance and agree to provide the
infoDMtion and do the work in accordance with the provisions of the ordinance.
1f<(Jr<~ ~ Oet /9, /99;),
Appllcants Si ure Date "
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' '1 ,,<~, ~~R'19 OAA,' l\...J~n ,. ""I Iqq<>
. Fee ONners Si~ature _ ~ Date (
/2.u"-~ ,g~/cL)-lr,^JI:-?<J 0kJfI.t-
.g'o/; ~~ 1f"~..~~""'Iffi.W' I{.,..ff- 4:..t:Lur
m ION '10 BE FILLED IN BY THE PLANN:rN; DIREX:mR
PLANNm.; <n-1MISSION _APPln7ID
CITY ~ _APPln7ID
CDNDr.I'IONS:
DENIm
DENIm
MTE OF HFARIK;
MTE OF HFARIK;
Signature of the Planning Director
Date
<fir? ~ _ DO
~. 4
~
~
December 10, 1992
BUSSE FIRST ADDITION
Prior Lake, Minnesota
REOUEST
Submission is presented to the City of Prior Lake requesting review and
approval of a Preliminary Plat and Final Plat for a two-lot commercial
subdivision proposed as Busse First Addition.
SITE DESCRIPTION
The 1.33~ acre site is located at the northeasterly corner of Highway 13 and
Duluth Avenue. Adjacent land uses include Prior Lake State Bank and other
commercial to the east, single-family residential northerly across Duluth
Avenue and commercial south across Highway 13. The site is primarily a
vacant, open, grassed area. A portion of the easterly side of the site was
leased by Prior Lake State Bank, which has constructed a small parking area.
Even though the Bank site is sufficiently parked per code, this parking area
was added to in order to provide close and convenient access to the main
building entry for customers. The site is generally flat, with a 2-4 foot
elevation change. Site stormwater runoff currently flows into the ditches
along Duluth Avenue and Highway 13, eventually flowing northeast along Highway
13. Zoning is B-1 Limited Business.
PROPOSAL
The 1.33~ acre site is proposed to be subdivided into two (2) lots of 20,098
sq. ft. and 38,204 sq. ft. Zoning is intended to remain B-1 Limited Business.
Both lots meet or exceed the zoning code standards for minimum lot area
(20,000 sq. ft.) and width (120 feet).
The westerly Lot 1 (20,098 sq. ft.) is proposed to develop with a 1,600 square
foot, free-standing Subway Restaurant with a drive-through lane. Access will
be to Duluth Avenue. This use is projected to generate 200 transactions per
day. Including a 10% trip increase for employees and deliveries, the site
would generate approximately 440 trips per day. The P.M. peak is about 5.6%
of the total for about 25 trips. The noon hour is the actual peak use period,
generating about 78 trips during an off-peak time for background traffic.
Refer to the submission narrative for a more detailed description of the site
plan proposed for this lot.
The easterly Lot 2 (38,204 sq. ft.) is not proposed to be developed at this
time. No specific buyer or use has been identified for the site. The use
would fall within the B-1 zoning. The site has two options for access, the
first being a separate access to Duluth Avenue. The second would require an
agreement with Prior Lake State Bank for joint use of an existing access to
Duluth Avenue that is directly adjacent to the lot boundary. The existing
~
parking on Lot 2 would be used for any future site use, though an option
exists for joint use of parking between this lot and the bank. The final
determination regarding access and parking will need to be made when a
specific site development proposal comes forth.
To determine potential traffic generation, two theoretical site development
scenarios were prepared (using ITE standards for trip generation):
1. Office
Assumed 25% site coverage creating a 9,550 sq. ft. building and 39
parking stalls. This will generate about 117 trips per day, with
about 22 during the P.M. peak hour.
2. General Retail Shopping
Assumed 20% site coverage creating a 7,640 sq. ft. building and 39
parking stalls. This will generate about 886 trips per day, with
about 115 trips during the P.M. peak hour.
SCREENING
Lot 1 shows screening to the adjacent uses, especially the single-family
across Duluth Avenue, on the proposed site plans. Screening is intended to
meet the standards of the proposed draft landscape ordinance.
Lot 2 is proposed to meet the following performance criteria for screening
along Duluth Avenue across from the existing single-family.
Parking lot screening shall be provided on the perimeter of any new parking
lot.
a) Screening shall be provided using a combination of shrubs, coniferous
trees, fencing, berming, etc., to minimize the effect of headlights and
reflected light from bumpers, grills and headlights. Screening must
attempt to address at least 60% of the perimeter where views of the
parking lot could originate.
b) Effectiveness of the screening shall be 80% opacity year-round.
c) Berming must achieve a 30" height to provide 80% opacity on 3' high
screening. (Berms cannot be used as the only method of screening. They
must be used in combination with other elements.)
d) Plant materials must be spaced no more than 30" apart on single rows of
deciduous shrubs, 48" apart on double staggered rows of deciduous
shrubs, with initial planted height of at least 2' (spacing may vary,
subject to species used).
e) Coniferous trees must be placed no farther than 8' apart, to be counted
as screening.
UTILITIES/ORAINAGE
The site currently is not served by sanitary sewer and municipal water. A
preliminary plan is submitted with this subdivision proposal which shows the
extension of services. Sanitary sewer would extend generally southerly from
Anna Trail along the west side of Ouluth Avenue and cross under Duluth
approximately between the two proposed lots. An 8" water main would extend
southerly along and cross Duluth Avenue near the sanitary sewer. A hydrant is
provided for fire protection.
Storm water will continue to flow into the existing ditches along Duluth
Avenue and Highway 13. Lot 1 (Subway) is proposed to be graded for bUilding
and parking lot construction. Lot 2 will not be graded at this time, nor
until a formal development proposal comes forth. The existing drainage
patterns will continue. All runoff will be handled consistent with City and
Watershed requirements.
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BUSSE FIRST ADDITION
PRIOR LAKE, MINNEsoTA
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COMMERCIAL DEVELoPEHENT
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FEE OWNER/PLATTER
E.N. BARSNESS TRUST A & B
C/O Mr. Robert Barsness
16677 Duluth Avenue S.E.
Prior Lake, Mo. 55372
Ph. 612-447-2101
PURCHASER/DEVELOPER
DAVANN, INC.
BRAD BUSSE & MARY BUSSE
1420 Mallard Court
Chanhassen, Mo. 55317
Ph. 612-448-5710
DFSICN CONSULTANT:
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 120-C
PRIOR LAKE, MINNESOTA 55372
Ph. 612-447-2570
Ronald A. Swanson, R.L.S.
ENGINEER
VALLEY ENGINEERING CO., INC.
7301 OHMS LANE
SUITE 500
MINNEAPOLIS, MINNESOTA 55439
STEVEN D. HAnVEY P.E.
Ph. 612-832-9475
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BUSSE FIRST ADDITION
PAGE 1
NARRATIVE
Property Location
Property Legal Description
Zoning
Existing Site Conditions
Storm Water Runoff
TABLE OF CONTENTS
PAGE
2
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3
3
4
Steep Slopes and Erosion Control Measures
Vehicular Access
Request for Subdivision
EXHIBITS
Preliminary Plat
Utility plan
Final plat
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BUSSE FIRST ADDITION
Page 2
PROPERTY LOCATION:
The property is bounded on the west and northwest by Duluth Avenue, on the
south and west by State Highway No. 13 and on the northeast by the existing
Prior Lake State Bank.
.
PROPERTY D~ON of RFX:ORD:
That part of the West Half' of the Southeast Quarter of Section 2, Township
114, Range 22, Scott County, Minnesota and that part of the East Half of the
Southwest Quarter of said Section 2, lying northerly and easterly of the
northwesterly right-of-way line of State Trunk Highway No. 13, southeasterly
of the southeasterly right-of-way line of Old Trunk Highway No. 13 (Duluth
Avenue) and southwesterly of the fOllOWing described line:
Commencing at a point on the east line of said West Half of the Southeast
Quarter distant 1940.80 feet north of the southeast corner of said West Half
of the Southeast Quarter, said point being on the south line of a Town Road;
thence deflecting to the west at an angle of 92 degrees 32 minutes 00 seconds
along said south line of a Town Road a distance of 652.15 feet more or less to
the intersection with the northwesterly right-of-way line of said State Trunk
Highway No. 13; thence continuing on an assumed bearing of South 87 degrees 39
minutes 52 seconds West along said south line of a Town Road a distance of
759.70 feet to its intersection with said southeasterly right-of-way line of
said Old Trunk Highway No. 13 (Duluth Avenue); thence southwesterly along said
southeasterly right-of-way line along a nontangential curve concave to the
northwest having a radius of 1185.41 feet a chord bearing of South 22 degrees
39 minutes 47 seconds West an arc length of 231.50 feet to the point of
beginning of the line to be described; thence South 60 degrees 00 minutes 00
seconds East a distance of 310 feet more or less to said northwesterly
right-of-way line and there terminating.
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BUSSE FIRST ADDITION
PAGE 3
ZONING CLASSIFICAITON:
The property is presently zoned B-1 Limited Business and the requested use
for this project is also B-1 Limited Business.
EXISTIHG SITE CONDIITONS:
The si te is a generally flat open grassed area with the exception of a
portion of the proposed lot 2 which is presently leased to the existing bank
for overflow parking, as shown on the preliminary plat drawing this area is
presently paved. The existing site surface drainage flows southerly, westerly
and easterly from the center to Highway 13 and Duluth Avenue with the
exception of the previously mentioned parking area which flows southeasterly
onto the bank si te thence into the existing Highway 13 ditch. All of the
existing drainage for the site eventually flows into the Highway 13 ditch.
The area west and northwesterly of Duluth Avenue is an older established
single family developement which was developed around the time of the
relocation of Highway 13. To the northeast of the site is the existing Bank
site and the Post Office. to the southeast across Highway 13 is the Hollywood
Restaurant, to the south is the shopping center and to the southwest is the
Holiday Gas Station. The intersection of Duluth Avenue and Highway 13 is
presently Signalized. Anna Trail intersects the southeasterly side of Duluth
Avenue about 250 feet north easterly of the site.
Public sanitary sewer, water service is available at the intersection of
Duluth Avenue and Anna Trail and will be extended as a part of this proposal.
electrical and gas services are available to the site at this time via the
existing bank site.
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BUSSE FIRST ADDITION
PAGE 4
STORK WATER RUNOFF:
As previously stated predevelopment stormwater runoff flows southerly along
Duluth Avenue and overland into the existing Highway 13 ditch. The runoff
from the Highway 13 ditch flows northeasterly into a wetland on the northerly
side of the C.H. Carpenter Lumber yard and southwesterly into a creek that
eventually flows into Prior Lake.
Preliminary review of the si te indicates that on site ponding of surface
water runoff may not be necessary for the requested improvements. All storm
sewer easements needed for the site will be provided via the'final plat after
the final plans are approved by statE.
STEEP SLOPES AND EROSION CONTROL ~:
There are no steep slopes or existing soil erosion problems on the site.
As required by city ordinance proper erosion control and runoff containment
will be provided during all on site construction.
Upon completion of the building construction and utility hookup all disturbed
areas will be dressed off and Covered with sod.
mrrcULAR ACCESS
The access to the site from Highway 13, will be via Duluth Avenue and Anna
Trail. The accompanYing request for a Conditional Use Permit on lot 1, of the
proposed plat prepared by others will show a more detailed proposal for access
to Duluth Avenue
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BUSSE FIRST AnDITIOH
PAGE 5
REQUEST FOR SUBDIVISIOH
The request as presented, is for ,preliminary and final plat approval to
subdivide the existing 1.32 acre B-1 parcel into two B-1 zoned lots.
Accompanying this request is a proposal by others for a Conditional Use Permit
for a fast food restaurant within a B-1 (Limited Business) zoning district.
Along wi th the permit will be a 'request for a setback variance from Highway
13, for lot 1. At this time it is not anticipated that a sale will be made on
the area proposed as lot 2. It is not anticipated that the use of this lot
will be changed in the near future. We would expect to ask for approval and
provide a site grading and landscape plan at that time. If this is not
acceptable perhaps lot 2, could be changed to an Outlot for the final plat. It
is my understanding that if the Conditional use permit is denied we would not
pursue the final plat at this time.
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09'18:92 10:09
FAX 612 ~~i ~2~5
CITY PRIOR U.KE (oe:. p~.
~002
--
APPLICATION FOR ctlNDITIOmt USE PEJMIT
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Applicant: Davann, Inc. Some Phone; 448-5710
Address: 1420 Mallard Lane; Chanhassen, MN 55317 WOrk Phone:~48-5710
Property Owner: NormRn BRrsnea~ Est~t~ T~ust Rome Phone:
Address:c/o P~1or Lqk~ ~t~te Bank: b6~77 Eu[uth Av~ S.E. Wbrk Phone:
Consultant:Westwood Prof. Serv~ r10r a e, HN 5372 Phone:
Address: 14180 W. 78th Street. Svite 2~O. Eden P\Ririe, MN 55344
447-2101
93Z_-:5150
Proposed Conditional Use Address: Duluth Avenue S.E.
Legal Description: See attached description by Valley Surveyin~ Co.. P.A.
Existing Use of Property: Vacant
Property Acreage: 20.0~8~aq. ft, Present Zoning: B-1
Conditional Use Being R1!quested; For fast food restaurant within B-1 zonin.~..~s.. allowe~
per ~~nin~ ordinance.
Deed Festrictions: -LN:'l
Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance Or conditional use
permit on the subject site or any part of it: -LN:> Yes ~uest:
When :
SOBMIS.srON RmUIREMENr~: (A) Completed application form. CB)Complete legal description and
parcel identification n1Jll"Cer (PID). (C)E'iling fee.. (D)Oeed restrictions, it necessary.
CElFifteen copies of site plan drawn to scale shcMing existing/prop-:>sed structures..
(F)Additional infotm3,tion as requested by the PlaMing Director including but not limited
to: existing grades and buildings within 100 feet, drainaqe plan with finished grade and
relationship to existing water bodies, if any, pro~sed floor plan with use indicated plus
builainq elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified fran abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. CH)Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY COMPLETE APPLICATIONS $ALL BE REVIEWED BY THE PLANNI~ O:MUSSION..
'Ib the best of nri knowledge the info.cnation presented on this form is correct.
addition, I have read Section 7.5 of the Zoning Ordinance which st=eCifies
requirements for conditional uses. I agree to provide information and follow
prcc: res as out in in the Ordinance.
In
the
the
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Fee Owners Signature
Date
THIS SECTION m BE FILLED ot1'r BY THE PLANNIro OIRE.C1'OR
PLANNIm OJMMISSION --l:::::.-APPRCNED
CITi!' <Dtm::IL ~PROVm
OONDITIONS: ~ 1 m (~~
g=: t1~~
rATE OF HEARIOO
MTE OF HEARIlD
_: ~~JJeuti(~ ~~ ~_:
Signature of the Planning Director
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Date
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CONDITIONAL USE PERMIT
This agreement 1s for 8rad & Mary Busse to apply for a conditional
use permit to the City of Prior Lake.
The conditional use permit is f6r the property located at Duluth Ave.
and Hwy 13
E.N.BARSNESS TRUST-
a~ (34J\D --n4 0 C>
RJCHFI~LD BANK & TRUST CO
Richfield, Minnesota
BY z;r;;:;. 1i4~
Personal Trust 0 leer
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Permission granted by
09/17/92
~
Proposal for
~
Prior Lake, Minnesota
By
Davann, Inc.
September 21, 1992
SUBWAY
Prior Lake, Minnesota
REOUEST
Submission is presented to the City of Prior Lake requesting review and
approval of the following:
1. Site plan review for a 1600 t sq. ft. Subway restaurant on a
20,098 t sq. ft. site at the northeasterly corner of Hwy. 13 and
Duluth Avenue S.E.
2. Conditional Use Permit (C.U.P.) for fast food restaurant within a
B-1 (Limited Business) zoning district.
3. Variance from ordinance parking requirements (40 stalls) based on
demonstrated need (27 stalls).
SITE DESCRIPTION
The site is currently a vacant, open grassed area. Topography is generally
flat with a 2-3 foot elevation change over the site. Site surface water
drainage currently flows from the center of the site (high point) into ditches
along Duluth Avenue and Highway 13. Drainage flows south along Duluth Avenue
then easterly along Highway 13. Existing adjacent land uses are single family
residential northwesterly across Duluth Avenue, Prior Lake State Bank and
other businesses to the northeast and commercial south across Highway 13.
Duluth Avenue and Highway 13 is a signalized intersection. Anna Trail
intersects the northwesterly side of Duluth Avenue about 150 feet north of
Highway 13. The land subdivision is to be processed by the fee owner.
PROPOSAL
The site is proposed to develop as a 1600 sq. ft., 40 seat Subway restaurant
with 27 parking stalls and a drive-thru window. Access will be from Duluth
Avenue approximately 270 feet north of Highway 13 and 120 feet north of Anna
Trail. The building will be located on the west side of the site with parking
to the east away from Duluth Avenue and adjacent to an undeveloped commercial
parcel.
The architectu+e is a one-story structure approximately 32 ft. by 52 feet in
size. The proposed gable roof will help transition the building to the
adjacent existing residential neighborhood and provide an appropriate scale
and appearance. The exterior will be primarily a brown brick, similar to that
used on the adjacent bank. The trash enclosure will also use the same brick
veneer (with a screen gate) to provide a compatible appearance.
Signage will include a pylon sign at the corner of Duluth Ave. and Hwy. 13.
Wall signs will be located on the south and west facades on the gable roof
ends. A small drive thru sign and order board will direct customers to the
pick-up window. All signs will comply with the ordinance regardinq size and
height. Appropriate State and Federal signaqe will be provided for the
handicap parking.
1
Site lighting will use three (3) 20 foot high poles with 400 watt high
pressure sodium shoe box type fixtures. The fixture height is compatible with
the building and the lighting color is the same as used for the bank. CUtoffs
will limit off-site glare at the site boundary.
Landscaping is proposed to meet the draft landscape ordinance requirements for
quantity of material and appropriate levels of screening. The service/drive
thru area uses coniferous trees, shrubs and berms to screen/soften the
appearance from the adjacent residential area. Shrub massings are used along
Highway 13 and the west boundary to screen the parking area. Foundation
planting are used around the building and trash enclosure to soften their
appearance. Annual beds are placed at entry points and key visual locations
for focal enhancement. The overall intent is to screen views of the service
and parking areas, soften the building and provide appropriate visibility at
the site entry and of the building and si9nage.
Drive thru stacking is provided for 5 cars. Subway indicates this is adequate
for their anticipated peak demand. Also, the Northwestern University Traffic
Institute provides the following calculation to determine appropriate
stacking:
Stacking length = 20 ft. x the number of drive-thru vehicles that can be
expected to be stored in a 15 minute period.
Subway indicates three minutes is the typical average for each transaction.
Therefore five stalls is appropriate. Another scenario is that this proposed
store is expected to have 200 transactions per day with 30% expected to be
drive-thru.
200
x 30\
60
transactions
drive-thru percentage
total expected drive-thru transactions per day
40 transactions expected for peak lunch period (11:00 a.m. - 1:30 p.m.)
5 transactions expected for peak 15 minute period
If the last drive-thru space is filled, customers can continue to an open
parking stall by the building. Employee Parking is closest to Duluth Avenue to
avoid conflicts with customer traffic at the site entry.
CONDITIONAL USE PERMIT
The proposed use requires a conditional use permit within the B-1, limited
business zoning district. The following comments relate to the listed
"Criteria for Approval" as found in the zoning ordinance.
1. The proposed use is an allowed conditional use within the existing
B-1 zoning district. The proposed site plan conforms to or exceeds
all general regulations of this ordinance (except as per requested
parking quantity variance. See following discussion for this
request) .
2
2. There will be nothinq associated with the construction or
operation of the proposed use that would be danqerous, injurious
or noxious to any other property or person and comply with the
performance standards.
3. The proposed use is sited, designed and landscaped to produce a
harmonious relationship between structure, site and adjacent land
uses.
4. The proposed project will fit visually with the neiqhborhood. The
architecture has a residential character for transition to the
sinqle family neiqhborhood and materials compatible with the
adjacent commercial use. Landscapinq will soften, enhance and
screen as appropriate.
5. The entry point provides adequate visibility at the public street.
The distance from adjacent street intersections avoids any
potential conflict. Internal traffic circulation provides for
smooth movement and ease of parkinq. Adequate parkinq is proposed.
6. The prosed use fully complies with the objectives of the zoninq
ordinance and is consistent with the Comprehensive Plan.
7. There are no Conservation District issues to address.
Performance Standards for Conditional Uses
1. There are no flammable or explosive materials handled or stored on
site that would create a unique fire hazard.
2. There are no activities that would create an electrical
disturbance.
3. There are no objectionable noise qenerators that are involved with
this use.
4. There are no activities that qenerate vibrations.
5. There are no undesirable odors qenerated from this use.
6. There are no air-borne pollutants produced.
7. Liqhtinq will be controlled to avoid undesirable qlare on adjacent
property and roadways.
8. Erosion will be controlled durinq and after construction by
appropriate methods (i.e.: erosion control fabric, landscapinq,
qround cover, rip-rap spillways, etc.).
9. The proposed use will conform to the water pollution standards of
the Minnesota Pollution Control Aqency. No unique water pollutants
would be qenerated by this site and proposed use.
3
VARIANCE REOUEST
The current zoning ordinance requires that the proposed use provide 40 parking
stalls. Based on the performance of other similar Subway restaurants, this
amount of parking is in excess of what is needed to operate at acceptable
levels. Therefore, a variance is requested for 27 parking stalls.
The following are similar free standing Subways for comparison. All are 36-40
seats and have drive-thru operations. Three are operational and functioning at
acceptable levels with available parking.
. Monticello, MN
(operational)
. 26 parking stalls
. Fergus Falls, MN
(operational)
. 25 parking stalls
. Mankato, MN
(operational)
. 20 parking stalls
. New Prague, MN
(approved, scheduled to start
construction October, 1992)
. 20 parking stalls
A number of Twin City area communities were also checked regarding how they
determine parking needs. Of the 20 t communities reviewed, a few also used
Prior Lakes ratio of 1 stall per 15 sq. ft. of floor area. Definitions of
floor area ranged from the seating/Public counter area to the entire building.
This ratio typically is listed for drive-in restaurants within most
ordinances, meaning the older style, A&W type drive-in with car hops which
usually had no interior seating or service areas.
Below is a sampling of various ordinance parking standards for class II, fast
food type restaurants.
. Prior Lake/Lakeville
1 stall per 15 sq. ft. seating/counter area
598 sq. ft. ~ 15 =
40 stalls
. Brooklyn Park
This City also had a 1 stall per 15 sq. ft.
ratio but applies it only to the older style
drive-in. Their ratio for fast food
restaurants is:
1 stall per 35 sq. ft. of seating/counter area
598 sq. ft. ~ 35 = 18 stalls
. Savage/Chaska/Eden Prairie/Apple Valley
1 stall per 3 seats (Savage has a 1 stall per
20 sq. ft. standard for drive-ins but uses the
seating standard for fast food restaurants) 14 stalls
4
. Minnetonka
1 stall per 60 sq. ft. gross floor
1600 sq. ft. + 60 =
27 stalls
. st. Louis Park
1 stall per 25 sq. ft. seating/counter
598 sq. ft. + 25 =
24 stalls
. Champlin
1 stall per 75 sq. ft. gross floor
1600 sq. ft. . 75 =
22 stalls
. Blaine/St. Paul
1 stall per 100 sq. ft. floor
1600 sq. ft. + 100 =
1 6 stalls
. Burnsville
1 stall per 50 sq. ft. of floor area plus
1 stall per employee on largest shift
1600 sq. ft. + 50 = 32 + 7 employees
39 stalls
. Plymouth
1 stall per 2.5 seats plus 1 stall per
15 sq. ft. counter area
(40 seats + 2.5) + (165 sq. ft. + 15 sq. ft.)
27 stalls
The communities checked varied from 12-46 stalls for the proposed facilities.
Those listed above range from 14 to 40 stalls with Prior Lake being at the top
end of the range. Typical averages are 22 to 27 stalls. The proposed parking
is for 27 stalls. This is compatible with the standards of Minnetonka and
Plymouth which are based on two different methods of calculations (building
area and seating/counter area respectively). The proposed 27 stalls is also
similar or greater that the other comparable Subways currently in operation.
The following comments relate to the standards to be met for a variance
approval. Even though the ordinance states that all of the following
requirements must be met, items 3 and 4 should take an overriding precedent.
1. Literal enforcement of the ordinance would only result in an undue
hardship with respect to the property in that unnecessary
additional land would need to be acquired to provide parking in
excess of that appropriate for safe and reasonable operation of
the proposed use.
2. There is no hardship unique to the property.
3. The hardship is created by the parking provisions of the ordinance
and is not the result of actions by persons having an interest in
the property. Earlier discussion points out that the current
ordinance is likely outdated and excessive in its parking
requirements for this type of use.
5
4. The variance is believed to be in the spirit and intent of this
ordinance, produces substantial justice and is not contrary to
public interest. The ordinance intends to provide adequate off-
street parking appropriate for the proposed use such that it will
protect the health, welfare and safety of the general public. The
examples provided in earlier discussion should demonstrate that
the proposed parking is adequate for the intended use and will not
create an undo hardship on the owner, City or general public.
DEVELOPMENT DATA
Site Area
Existing Zoning
Proposed Zoning
. 20,098 t sq. ft.
. B-1 Limited Business
. B-1 with C.U.P. for
fast food restaurant
. 1600 t sq. ft.
. 7.96%
. 40
Proposed Building Area
Lot Coverage of Building
Parking Required
1 stall per 15 sq. ft. customer area
598 s.f. + 15 + 40 stalls
Parking Proposed
std. stalls 9' x
handicap per ADA
total
Zoning Standards
Minimum lot area
Minimum lot width
Minimum Yard Setbacks
Front
Side
Rear
Parking/Drive Lanes
18' - 25
stds. -2
27
. 27 (variance)
. 20,000 sq. ft.
. 120 ft.
. 30 ft.
. 15 ft.
. 30 ft.
Oft.
LEGAL DESCRIPTION
The southwesterly portion of that part of the West.Half of the
Southeast Quarter of Section 2, Township 114, Range 22, Scott
County, Minnesota and that part of the East Half of the Southwest
Quarter of said Section 2, lying northerly and easterly of the
northwesterly right-of-way line of State Trunk Highway No. 13,
southeasterly of the southeasterly right-of-way line of Old Trunk
Highway No. 13 (Duluth Avenue) and southwesterly of the following
described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter, distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road: thence deflecting to
the west at an angle of 92 degrees 32 minutes 00 seconds along
said south line of a Town Road a distance of 652.15 feet more or
less to the intersection with the northwesterly right-of-way
line of State. Trunk Highway No. 13; thence continuing on an
assumed bearing of South 87 degrees 39 minutes 52 seconds West
along said south line of a Town Road, a distance of 759.70 feet
to its intersection with said southeasterly right-of-way line of
said Old Trunk Highway No. 13 (Duluth Avenue); thence
southwesterly along said southeasterly right-of-way line along a
nontangential curve concave to the northwest having a radius of
1185.41 feet a chord bearing of South 22 degrees 39 minutes 47
seconds West an arc length of 231.50 feet to the point of
beginning of the line to be described; thence South 60 degrees
00 minutes 00 seconds East a distance of 310 feet more or less
to said northwesterly right-of-way line and there terminating.
..
LANDOWNER
Norman Barsness Estate Trust
C/O Bob Barsness
Prior Lake State Bank
16677 Duluth Ave. S.!.
Prior Lake, MN 55372
Phone: 447-2101
APPLICANT/DEVELOPER
Davann, Inc.
Brad and Mary Busse
1420 Mallard Court
Chanhassen, MN 55317
Phone: 448-5710
SURVEYOR
Valley Surveying Co., P.A.
16670 Franklin Trail S.E.
Prior Lake, MN 55372
Phone: 447-2570
ARCHITECT
Michael J. Wilkus Architects
14180 W. 78th Street
Eden Prairie, MN 55344
Phone: 949-0985
. PLANNER/ENGINEER/LANDSCAPE ARCHITECT
.Westwood Professional Services, Inc.
14180 W. 78th Street, Suite 220
Eden Prairie, MN 55344
Phone: 937-5150
I...,
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PID#
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CITY OF PRIOR LAKE
APPLICATION roR VARIANCE
Applicant: Davann, Inc.
Address: 1420 Mallard Lane: Chanhassen. MN 55317
Property OWner: Norman Barsness Estate Trust 55372
Address: c/o Prior Lake Stat@. ~nk:.._!6677 D~~~~ Ave.
'IYPe of OWnership: Fee Prior La e Cd1itract
Oonsultant/Contractor:Westwood Professional Services
14180 W. Hwy 5
Eden Prairie, MN 55344
BOme Phone: 448-5710
Work Phone: AAR-li710
Bome Phone: -------
SEWoEk Phone: 447-2101
Purchase Agreement x
Phone: 937-5150
Existi.ng Use
of Property: Vaeant
Legal Description
of Variance Site: see attached description
Variance Requested: Building setback variance from 50 feet to 34.95 feet
adjacent to Hwv. 13 and from 85 feet to 74 feet ad1acent to Duluth Avenue.
(see attached narrative)
Bas the applicant previously sought to plat, rezone, obtain a variance or conditional
use pemit on the subject site or any part of it? Yes x R>
What was requested:
When:
Present Zoning:
B-1
Disposition:
Describe the type of improvements proposed: site plan approval for a free-standing
subway restaurant.
SOBMISSION REXJUIREMENl'S:
(A)Canpleted application fom. (B)Filing fee. (C) Property Slrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. CD)Certified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior botmdaries of
the subject property. (E)Canplete legal description & Property Identification Number
<pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1--20 '-50' ShCMing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY OJMPLEl'E APPLICATIONS saALL BE ~J.'w AND RE'VIEWED BY THE PIANNIro <X:J.!MISSION.
To the best of ~ knowledge the infoImation presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide information and follCM the
procedures as outlined in the Otdinance. ~d.I.i 4. 1{~
Applicants signature
SUl::mitted this ~daY of ()~ 19 '1.2.
Fee Cwners Signature
THIS SPACE IS 'IO BE FILLED OUT BY THE PLANNIN:; DIRECroR
PI.ANNlXi m1MISSION
CITY COON:IL APPEAL
<DNDITIONS:
APPROVED
APPOOVID
DENIED
DENIED
MTE OF HEARIro
MTEOFHEARIN:;
Signature of the Planning Director
Date
:
09:18:92 10:10
F.\! 612 ~~i ~2~S
eIn PRIOR L.u<:E
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CITY OF PRIOR LAKE
APPLICATION roR VARIANCE
..~-
PIDf
Bane Phone:
~rk Phone:
Sane Phone:
448-5710
448-5710
Existing Use
of Prope~; Vacant Present Zoning: B-1
Leqal Description
of Variance Site: ~ee attached descr~Dtion
Variance ~ested: reduction in Darkin~ from 40 reouir~4 bv City ordi~ance to a
demongtrated ne~d of 27
Has the applicant previously sO\19ht to plat, rezone, obtain a variance or conditional
use petmit on the subject: site or any part of it? Yes x N;)
What: was requested:
When:
Disposition:
,J
Describe the ~ of improvements p~oposed: site plan approval for a free-standing
Subwav restaurant. .-'--;. ".4.:'~, . .....~. .~~. " .~~~.....~ .
SlBMISSION ~:
(A)Completed application tom. CB)Filing fee. CC)Property Su:vey indicating the
proposed developnent in relation to prot;=erl:y lines and/or ordinaty-high-water mark;
PJ:oposeC building elevations and drainage plan. (D)Certified from abstract fim,
n.amas and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identificat:.ion Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at llt-20'-50' sha.rlinq: The site developnent plan, buildings: parking, loadir.q,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICA1'IONS SHALL BE ACCE?!'ED AND REVIEWED BY '!'BE PLANNI~ o:rmSSION.
'l'o the best of my knowledge the infomation presented on this form is correct. In.
addition, I have read Section 7.6 of t:.he Prior take Zoning Ordinance which specifies
requirsnents for variance procedures. I a9ree 1:0 provide information and follow the
prcceduras as outlWd 1n the Ordinance. . 1?i.M~~
() I ~ _ 1-_ _ , _ Applicants . gnature
SJbmi1:ted this ~day of ;Jf'rt~19:lrl.
Fee Cwners Signatul'e
THIS SPACE IS 'IO BE FILLED our BY '1'BE l'I.ANN:IW DIREX:'roR
PIANNDli cx:.t1MISSION
a.T'l COtJN:IL APPEAL
CDNDITIONS:
~
~
DENIED
DENIm
W'E OF HFARIm
DA1'E OF BEAR.m;
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Signature of the ilannir.g Director Date
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SUBWAY .
Variance Request - Front Yard Building Setbacks
The proposed Subway was designed to meet or exceed the 30-foot B-1 Limited
Business front yard building setback. A 30-foot setback is proposed to Duluth
Avenue and a 34.95-foot setback is provided to Highway 13. These proposed
setbacks would still require a variance from the required collector street and
Highway 13 minimum front yard building setbacks which are as follows:
- Collector street -
(Duluth Avenue S.E.)
85 feet, measured from the centerline of the
existing traveled roadway, in platted areas with
utilities
- Highway 13 -
50 feet from the right-of-way line
The requested front yard building setback variances would be:
1. From 85 feet to 74 feet from the collector street (Duluth Avenue
S.E. )
2. From 50 feet to 34.95 feet from Highway 13.
The following comments relate to the standards to be met for a variance
approval.
1. The literal enforcement of the ordinance would create an undue
hardship with respect to the property in that the size and shape
of the parcel limits reasonable site layout alternatives due to a
curve along the westerly boundary adjacent to Duluth Avenue. This
has forced the building to be located closer to Highway 13 than
the minimum 50-foot setback. The building location is a result of
locating the site vehicle entrance to the easterly side of the
site as far from the intersection of Duluth Avenue and Highway 13
as is possible to avoid potential traffic conflicts.
2. Such unnecessary hardship results because of circumstances unique
to the property. See discussion above.
3. The hardship is caused by provisions of the ordinance and is not
the result of actions of persons having interest in the property.
The Duluth Avenue alignment was determined by earlier governmental
decisions. The lot width and area provisions of the ordinance
have dictated to a great degree the subdivision of the property.
4. The variance observes the spirit and intent of the ordinance,
produces substantial justice and is not contrary to the public
interest. The setback variances are minimal (11 feet along Duluth
Avenue and 14.95 feet along Highway 13). Site design attempted to
maximize the setbacks where possible. The variance along Duluth
Avenue is only for a small corner of the building. The front yard
building setbacks do meet or exceed the B.1 standards. The
setbacks provided for the driveways and parking areas (5-18 feet)
are well in excess of that required (0 feet). This setback area
is used to provide landscaping and buffering that typically has
not occurred in Prior Lake. This variance will not create an
undue hardship on the health, welfare or safety of the general
public.
(EXillting Single Family
Re.~idential~
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lSU09PN"
NOTICE OF SUBDIVISION PUBLIC HEARING
FOR BUSSE FIRST ADDITION
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4629
Dakota street S.E., on Thursday, February 4, 1993 at 7:35 p.m.
The purpose of the public hearing is to consider the
BUSSE FIRST ADDITION, into two commercial lots.
description of the property is as follows:
subdivision
The legal
LEGAL DESCRIPTION:
That part of the West Half of the Southeast Quarter of section 2,
Township 114, Range 22, Scott County, Minnesota and that part of
the East Half of the Southwest Quarter of said section 2, lying
northerly and easterly of the northwesterly right-of-way line of
State Trunk Highway No. 13, southeasterly of the southeasterly
right-of-way line of Old Trunk Highway No. 13 (Duluth Avenue) and
southwesterly of the following described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road; thence deflecting to the
west at an angle of 92 degrees 32 minutes 00 seconds along said
south line of a Town Road a distance of 652.15 feet more or less
to the intersection with the northwesterly ri~ht-of-way line of
said State Trunk Highway No. 13; thence continulng on an assumed
bearing of South 87 degrees 39 minutes 52 seconds West along said
south line of a Town Road a distance of 759.70 feet to its
intersection with said southeasterly right-of-way line of said
Old Trunk Highway No. 13 (Duluth Avenue); thence southwesterly
along said southeasterly right-of-way line along a nontangential
curve concave to the northwest having a radius of 1185.41 feet a
chord bearing of South 22 degrees 39 minutes 47 seconds West an
arc length of 231.50 feet to the point of be~inning of the line
to be described; thence South 60 degrees 00 mlnutes 00 seconds
East a distance of 310 feet more or less to said northwesterly
right-of-way line and there terminating.
Or more commonly described as:
Approximately 1.3 acres lying north and east of the intersection
of S.T.H. 13 and Duluth Avenue and located west of the Prior Lake
State Bank Building.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will acce~t oral
and or written comments. If you have questions regard1ng this
matter, contact the Prior Lake Planning Department at 447-4230.
~tLIt ACif~
Deborah Garross
Assistant City Planner
To be published in the Prior Lake
25 and February 1, 1993.
American
on Monday, January
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"VA35PN"
NOTICE OF HEARING
FOR
CONDITIONAL USE PERMIT AND VARIANCE APPLICATION
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota street S.E. on: February 4, 1993 at 7:35 p.m.
PURPOSE OF HEARING:
To consider a conditional use permit and variance application for
Davann, Inc., 1420 Mallard Lane, Chanhassen, MN 55317.
SUBJECT SITE LOCATION:
Vacant parcel located southwest of Prior Lake State Bank and
northeast of the intersection of Duluth Avenue and S.T.H. 13. If
the proposed subdivision of Busse First Addition is approved, the
subject site would be Lot 1, Block 1, Busse First Addition. (See
enclosed subdivision notice and map for reference.)
REQUESTED ACTION - CONDITIONAL USE PERMIT:
The applicant proposes to construct a "Subway" restaurant on the
most southwesterly corner of the property. The proposal is to
develop a 1600 square foot, 40 seat Subway restaurant with 27
parking stalls and a drive-thru window. Access will be from
Duluth Avenue approximately 270 feet north of Highway 13. The
building is proposed to be located on the west side of the site
with parking to the east, away from Duluth Avenue and adjacent to
an undeveloped commercial parcel.
The subject site is zoned B-1 Limited Business which is intended
to provide commercial opportunities for office, retail and
service establishments. The "Subway" restaurant is considered to
be a fast food establishment and as such, requires that a
conditional use permit be granted before construction can begin.
The purpose of a conditional use permit process is to evaluate
the "Subway" proposal and to allow the City to place special
restrictions on the business in order to reduce negative impacts
to adjacent properties. The "Subway" I?roposal will be reviewed
to determine noise, traffic, visual lmpression, neighborhood
compatibility, as well as other performance criteria listed in
the Zoning Ordinance.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
.
REQUESTED ACTION - VARIANCE APPLICATION:
In order to build the "Subwar" restaurant as }?roposed, the
applicant requests the follow1ng setback and park1ng variances:
The required setback from the centerline of Duluth Avenue is 85
feet. The applicant requests an 11 foot variance from this
standard in order to locate the building 74 feet from the
centerline of Duluth Avenue. The required setback from S.T.H. 13
right-of-way is 50 feet. The applicant requests approval of a
15.05 foot variance from the standard in order to locate the
building 34.95 feet from the right-of-way line. The Zoning
Ordinance requires 40 parking spaces for the proposed building.
The applicant requests a variance to allow 27 parking stalls
instead of the required 40 stalls.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Plannin~ Commission. For more information, contact the
Prior Lake Plann1ng Department at 447-4230.
Prior Lake Planning Commission
DATE MAILED: January 19, 1993
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.,
proposal for
Prior Lake, Minnesota
By
Davann, Inc.
September 21, 1992
fILE COpy
SUBWAY
Prior Lake, Minnesota
REQUEST
Submission is presented to the City of Prior Lake requesting review and
approval of the following:
1. Site plan review for a 1600 % sq. ft. Subway restaurant on a
20,098 t sq. ft. site at the northeasterly corner of Hwy. 13 and
Duluth Avenue S.E.
2. Conditional Use Permit (C.U.P.) for fast food restaurant within a
B-1 (Limited Business) zoning district.
3. Variance from ordinance parking requirements (40 stalls) based on
demonstrated need (27 stalls).
SITE DESCRIPTION
The site is currently a vacant, open grassed area. Topography is generally
flat with a 2-3 foot elevation change over the site. Site surface water
drainage currently flows from the center of the site (high point) into ditches
along Duluth Avenue and Highway 13. Drainage flows south along Duluth Avenue
then easterly along Highway 13. Existing adjacent land uses are single family
residential northwesterly across Duluth Avenue, Prior Lake State Bank and
other businesses to the northeast and commercial south across Highway 13.
Duluth Avenue and Highway 13 is a signalized intersection. Anna Trail
intersects the northwesterly side of Duluth Avenue about 150 feet north of
Highway 13. The land subdivision is to be processed by the fee owner.
PROPOSAL
The site is proposed to dev~lop as a 1600 sq. ft., 40 seat Subway restaurant
with 27 parking stalls and a drive-thru window. Access will be from Duluth
Avenue approximately 270 feet north of Highway 13 and 120 feet north of Anna
Trail. The building will be located on the west side of the site with parking
to the east away from Duluth Avenue and adjacent to an undeveloped commercial
parcel.
The architecture is a one-story structure approximately 32 ft. by 52 feet in
size. The proposed gable roof will help transition the building to the
adjacent existing residential neighborhood and provide an appropriate scale
and appearance. The exterior will be primarily a brown brick, similar to that
used on the adjacent bank. The trash enclosure will also use the same brick
veneer (with a screen gate) to provide a compatible appearance.
Signage will include a pylon sign at the corner of Duluth Ave. and Hwy. 13.
Wall signs will be located on the south and west facades on the gable roof
ends. A small drive thru sign and order board will direct customers to the
pick-up window. All signs will comply with the ordinance regarding size and
height. Appropriate State and Federal signage will be provided for the
handicap parking.
1
Site lighting will use three (3) 20 foot high poles with 400 watt high
pressure sodium shoe box type fixtures. The fixture height is compatible with
the building and the lighting color is the same as used for the bank. Cutoffs
will limit off-site glare at the site boundary.
Landscaping is proposed to meet the draft landscape ordinance requirements for
quantity of material and appropriate levels of screening. The service/drive
thru area uses coniferous trees, shrubs and berms to screen/soften the
appearance from the adjacent residential area. Shrub massings are used along
Highway 13 and the west boundary to screen the parking area. Foundation
planting are used around the building and trash enclosure to soften their
appearance. Annual beds are placed at entry points and key visual locations
for focal enhancement. The overall intent is to screen views of the service
and parking areas, soften the building and provide appropriate visibility at
the site entry and of the building and signage.
Drive thru stacking is provided for 5 cars. Subway indicates this is adequate
for their anticipated peak demand. Also, the Northwestern University Traffic
Institute provides the following calculation to determine appropriate
stacking:
Stacking length = 20 ft. x the number of drive-thru vehicles that can be
expected to be stored in a 15 minute period.
Subway indicates three minutes is the typical average for each transaction.
Therefore five stalls is appropriate. Another scenario is that this proposed
store is expected to have 200 transactions per day with 30% expected to be
drive-thru.
200
x 30%
60
transactions
drive-thru percentage
total expected drive-thru transactions per day
40 transactions expected for peak lunch period (11:00 a.m. - 1:30 p.m.)
5 transactions expected for peak 15 minute period
If the last drive-thru space is filled, customers can continue to an open
parking stall by the building. Employee parking is closest to Duluth Avenue to
avoid conflicts with customer traffic at the site entry.
CONDITIONAL USE PERMIT
The proposed use requires a conditional use permit within the B-1, limited
business zoning district. The following comments relate to the listed
"Criteria for Approval" as found in the zoning ordinance.
1. The proposed use is an allowed conditional use within the existing
B-1 zoning district. The proposed site plan conforms to or exceeds
all general regulations of this ordinance (except as per requested
parking quantity variance. See following discussion for this
request) .
2
2. There will be nothing associated with the construction or
operation of the proposed use that would be dangerous, injurious
or noxious to any other property or person and comply with the
performance standards.
3. The proposed use is sited, designed and landscaPed to produce a
harmonious relationship between structure, site and adjacent land
uses.
4. The proposed project will fit visually with the neighborhood. The
architecture has a residential character for transition to the
single family neighborhood and materials compatible with the
adjacent commercial use. Landscaping will soften, enhance and
screen as appropriate.
5. The entry point provides adequate visibility at the public street.
The distance from adjacent street intersections avoids any
potential conflict. Internal traffic circulation provides for
smooth movement and ease of parking. Adequate parking is proposed.
6. The prosed use fully complies with the objectives of the zoning
ordinance and is consistent with the Comprehensive Plan.
7. There are no Conservation District issues to address.
Performance Standards for Conditional Uses
1. There are no flammable or explosive materials handled or stored on
site that would create a unique fire hazard.
2. There are no activities that would create an electrical
disturbance.
3. There are no objectionable noise generators that are involved with
this use.
4. There are no activities that generate vibrations.
5. There are no undesirable odors generated from this use.
6. There are no air-borne pollutants produced.
7. Lighting will be controlled to avoid undesirable glare on adjacent
property and roadways.
8. Erosion will be controlled during and after construction by
appropriate methods (i.e.: erosion control fabric, landscaping,
ground cover, rip-rap spillways, etc.).
9. The proposed use will conform to the water pollution standards of
the Minnesota Pollution Control Agency. No unique water pollutants
would be generated by this site and proposed use.
3
VARIANCE REOUEST
The current zoning ordinance requires that the proposed use provide 40 parking
stalls. Based on the performance of other similar Subway restaurants, this
amount of parking is in excess of what is needed to operate at acceptable
levels. Therefore, a variance is requested for 27 parking stalls.
The following are similar free standing Subways for comparison. All are 36-40
seats and have drive-thru operations. Three are operational and functioning at
acceptable levels with available parking.
. Monticello, MN
(operational)
. 26 parking stalls
. Fergus Falls, MN
(operational)
. 25 parking stalls
. Mankato, MN
(operational)
. 20 parking stalls
. New Prague, MN
(approved, scheduled to start
construction October, 1992)
. 20 parking stalls
A number of Twin City area communities were also checked regarding how they
determine parking needs. Of the 20 t communities reviewed, a few also used
Prior Lakes ratio of 1 stall per 15 sq. ft. of floor area. Definitions of
floor area ranged from the seating/public counter area to the entire building.
This ratio typically is listed for drive-in restaurants within most
ordinances, meaning the older style, A&W type drive-in with car hops which
usually had no interior seating or service areas.
Below is a sampling of various ordinance parking standards for class II, fast
food type restaurants.
. Prior Lake/Lakeville
1 stall per 15 sq. ft. seating/counter area
598 sq. ft. + 15 =
40 stalls
. Brooklyn Park
This City also had a 1 stall per 15 sq. ft.
ratio but applies it only to the older style
drive-in. Their ratio for fast food
restaurants is:
1 stall per 35 sq. ft. of seating/counter area
598 sq. ft. + 35 = 18 stalls
. Savage/Chaska/Eden Prairie/Apple Valley
1 stall per 3 seats (Savage has a 1 stall per
20 sq. ft. standard for drive-ins but uses the
seating standard for fast food restaurants) 14 stalls
4
. Minnetonka
1 stall per 60 sq. ft. gross floor
1600 sq. ft. + 60 =
27 stalls
. St. Louis Park
1 stall per 25 sq. ft. seating/counter
598 sq. ft. + 25 =
24 stalls
. Champlin
1 stall per 75 sq. ft. gross floor
1600 sq. ft. + 75 =
22 stalls
. Blaine/St. Paul
1 stall per 100 sq. ft. floor
1600 sq. ft. + 100 =
16 stalls
. Burnsville
1 stall per 50 sq. ft. of floor area plus
1 stall per employee on largest shift
1600 sq. ft. + 50 = 32 + 7 employees
39 stalls
. Plymouth
1 stall per 2.5 seats plus 1 stall per
15 sq. ft. counter area
(40 seats + 2.5) + (165 sq. ft. + 15 sq. ft.)
27 stalls
The communities checked varied from 12-46 stalls for the proposed facilities.
Those listed above range from 14 to 40 stalls with Prior Lake being at the top
end of the range. Typical averages are 22 to 27 stalls. The proposed parking
is for 27 stalls. This is compatible with the standards of Minnetonka and
Plymouth which are based on two different methods of calculations (building
area and seating/counter area respectively). The proposed 27 stalls is also
similar or greater that the other comparable Subways currently in operation.
The following comments relate to the standards to be met for a variance
approval. Even though the ordinance states that all of the following
requirements must be met, items 3 and 4 should take an overriding precedent.
1. Literal enforcement of the ordinance would only result in an undue
hardship with respect to the property in that unnecessary
additional land would need to be acquired to provide parking in
excess of that appropriate for safe and reasonable operation of
the proposed use.
2. There is no hardship unique to the property.
3. The hardship is created by the parking provisions of the ordinance
and is not the result of actions by persons having an interest in
the property. Earlier discussion points out that the current
ordinance is likely outdated and excessive in its parking
requirements for this type of use.
5
4. The variance is believed to be in the spirit and intent of this
ordinance, produces substantial justice and is not contrary to
public interest. The ordinance intends to provide adequate off-
street parkin9 appropriate for the proposed use such that it will
protect the health, welfare and safety of the 9eneral public. The
examples provided in earlier discussion should demonstrate that
the proposed parkin9 is adequate for the intended use and will not
create an undo hardship on the owner, City or 9eneral public.
6
, "
DEVELOPMENT DATA
Site Area
Existing Zoning
Proposed Zoning
. 20,098 ~ sq. ft.
. B-1 Limited Business
. B-1 with C.U.P. for
fast food restaurant
. 1600 ~ sq. ft.
. 7.96%
. 40
proposed Building Area
Lot Coverage of Building
Parking Required
1 stall per 15 sq. ft. customer area
598 s.f. + 15 + 40 stalls
Parking Proposed
std. stalls 9' x
handicap per ADA
total
Zoning Standards
Minimum lot area
Minimum lot width
Minimum Yard Setbacks
Front
Side
Rear
Parking/Drive Lanes
. 27 (variance)
18' - 25
s~.-2
27
. 20,000 sq. ft.
. 120 ft.
. 30
. 15
. 30
o
ft.
ft.
ft.
ft.
LEGAL DESCRIPTION
The southwesterly portion of that part of the West Half of the
Southeast Quarter of Section 2, Township 114, Range 22, Scott
County, Minnesota and that part of the East Half of the Southwest
Quarter of said Section 2, lying northerly and easterly of the
northwesterly right-of-way line of State Trunk Highway No. 13,
southeasterly of the southeasterly right-of-way line of Old Trunk
Highway No. 13 (Duluth Avenue) and southwesterly of the following
described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter, distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road: thence deflecting to
the west at an angle of 92 degrees 32 minutes 00 seconds along
said south line of a Town Road a distance of 652.15 feet more or
less to the intersection with the northwesterly right-of-way
line of State- Trunk Highway No. 13; thence continuing on an
assumed bearing of South 87 degrees 39 minutes 52 seconds West
along said south line of a Town Road, a distance of 759.70 feet
to its intersection with said southeasterly right-of-way line of
said Old Trunk Highway No. 13 (Duluth Avenue); thence
southwesterly along said southeasterly right-of-way line along a
nontangential curve concave to the northwest having a radius of
1185.41 feet a chord bearing of South 22 degrees 39 minutes 47
seconds West an arc length of 231.50 feet to the point of
beginning of the line to be described; thence South 60 degrees
00 minutes 00 seconds East a distance of 310 feet more or less
to said northwesterly right-of-way line and there terminating.
. .'
LANDOWNER
Norman Barsness Estate Trust
C/O Bob Barsness
Prior Lake State Bank
16611 Duluth Ave. S.E.
Prior Lake, MN 55312
Phone: 441-2101
APPLICANT/DEVELOPER
Davann, Inc.
Brad and Mary Busse
1420 Mallard Court
Chanhassen, MN 55311
Phone: 448-5110
SURVEYOR
Valley Surveying Co., P.A.
16610 Franklin Trail S.E.
Prior Lake, MN 55372
Phone: 441-2510
ARCHITECT
Michael J. Wilkus Architects
14180 W. 18th Street
Eden Prairie, MN 55344
Phone: 949-0985
. PLANNER/ENGINE~/LANDSCAPE ARCHITECT
Westwood Professional Services, Inc.
14180 W. 18th Street, Suite 220
Eden Prairie, MN 55344
Phone: 931-5150
December 21, 1992
Davann, Inc.,
Mr. Brad Busse
1420 Mallard Lane
Chanhassen, MN 55317
Dear Mr. Busse,
The City of Prior Lake Planning Department is in receipt of
several documents relative to the subdivision of Busse First
Addition: Conditional Use Permit for "Subway" and variance
applications for building setback and required parking stalls.
Staff received submittal documents on December 11, 1992. The
documents have been reviewed in terms of their completeness as
required b~ pertinent Zoning and Subdivision Ordinances of the
City of Pr~or Lake.
The procedure for review of the entire application will be to
hold public hearings for the land subdivision, conditional use
permit and variance applications contemporaneously. The notice
of public hearing will be submitted to the Prior Lake American on
January 6, 1992. The public hearing is scheduled before the
Planning commission on January 21, 1992 at 7:35 p.m. Please make
arrangements to have someone in attendance at the public hearing
to make a presentation of the subdivision and Subway proposals.
If the presenter requires use of audiovisual equipment,
arrangements can be made by contacting the Planning Department
prior to the public hearing.
Prior Lake City staff looks forward to working with you to
accomplish a successful subdivision and development project. If
we can provide additional assistance to facilitate the hearing
process, please contact City Hall at 447-4230.
7f{JfJj .
'aJf2Jl-
cc Kay Kuhlman, Acting City Manager
Larry Anderson, Director of Public Works
Greg Kopischke, Westwood Professional Services
Ron Swanson, Valley surveying
Steve Harvey, Valley Engineering Co., Inc.
Norman Barsness Estate Trust
c/o Prior Lake State Bank
Bill Schoenecker, Edina Realty
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
October 29, 1992
Davann, Inc.,
Mr. Brad Busse
1420 Mallard Lane
Chanhassen, MN 55317
Dear Mr. Busse,
The city of Prior Lake Planning Department is in receipt of
several documents relative to the subdivision of Busse First
Addition: Conditional Use Permit for "Subway" and variance
applications for building setback and required parking stalls.
Staff received subdivision documents on Thursday, October 22,
1992. The documents have been reviewed in terms of their
completeness as required by pertinent zoning and Subdivision
Ordinances of the city of Prior Lake. The procedure for review
of the entire application will be to hold public hearings for the
land subdivision, conditional use permit and variance
applications contemporaneously.
It is important to note that the subdivision, conditional use and
variance review are three qistinct processes which by Ordinance,
require specific submittal materials. Staff understands that the
Subway restaurant will begin construction soon after the plat of
Busse First Addition is approved. However, items such as
grading, landscape, tree planting, and drainage plans required by
the Subdivision Ordinance must be shown on the subdivision
preliminary plat for each proposed lot. It is possible to
transfer the site landscape and grading plans from the Subway
conditional use submittal materials to proposed Lot 1, Block 1,
Busse First Addition. The Subdivision Ordinance requires
grading, landscape, tree planting and utility plans for all
proposed lots within the subdivision. The plans for the
subdivision application will need to be amended to incorporate
all of the requirements of the Subdivision Ordinance before
notice of the public hearing will be published and prior to
formal review of the applications by City staff.
Subdivision Ordinance 87-10, attached, identifies the process and
submittal requirements relative to developing land within the
community of Prior Lake. The specific process that will be
followed is the Standard Subdivision Process outlined in Section
6-3-2. The standard subdivision process requires the preliminary
plat public hearing to be heard by the Planning Commission then
city Council. The final plat hearing is heard before the city
council only. At this point, the application is at step # 6-3-3
(A) 1. Staff has reviewed the preliminary plat submittals and
found that some documents have not yet been delivered to our
office. As such, the subdivision application is incomplete at
4629 Dakota 51. 5E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAl. O!'!'OHTUNITY EM!'I fJYIH
this time.
(Data for
follows:
A list of submittal requirements as per Cha~ter 4
Preliminary Plat), of the Subdivision Ordlnance
1. Application form to be completed and signed by the property
fee owner. (See subdivision application form attached) .
2. Subdivision application fee. ($200.00 for preliminary plat).
3. Boundary lines of adjoining unsubdivided or subdivided land,
within two hundred feet (200') of the boundary line of the
proposed plat shall be shown.
4. Schematic plan and profile of utilities including the
following data: The schematic layout of storm sewer, sanitary
sewer and watermain. Invert elevations, and gradients are
required for the sanitary sewer. A site gradin9 plan showing
existing and proposed contours, drainage dlrection and
drainage areas for the entire ~lat. The above data shall
be submitted by a Registered clvil Engineer.
5. Statement of the proposed use of all proposed lots stating
type of buildings and business so as to reveal the effect of
the development on traffic, fire hazards and population.
6. A general landscaping plan for all proposed lots showing
plantings, berms, fences, lighting, parking layout, sidewalks
and trails shall be submitted. See also attached zoning
Ordinance, section 5.10 Screening, items B-E.
7. A Concept Plan which, in general terms, addresses tree
planting requirements of Subdivision Ordinance, section
6-7-1, for both proposed lots. The plan shall be drawn at
the same scale as the preliminary plat and should include
such elements as the name, size and approximate location of
proposed subdivision trees.
There are a few outstanding items that are required b~ the
Subdivision Ordinance in order to begin the subdivlsion,
conditional use and variance public hearing process. Staff will
provide assistance as needed in order to facilitate the hearing
process. At this point, it appears that all required materials
for the conditional use permit and variance applications have
been submitted. Questions regarding requirements for plans
related to utilities, grading, and storm sewer information should
be directed to Larry Anderson, Director of Public Works.
Questions related to the subdivision process, landscaping, tree
planting and screening plans should be directed to Horst Graser,
Director of Planning. City Hall office hours are from 8:00 a.m.
to 4:30 p.m. Monday through Friday. City staff can be contacted
by calling 447-4230.
Prior Lake City staff looks forward to working with you to
accomplish a successful subdivision and subsequent development
project. If we can be of further assistance please contact City
Hall.
Sincerely, .
-1J()luJ! Lu/-JrcZJ-t/) (' (j
Horst W. Graser I~.
Director of Planning
r
Attachments
cc Kay Kuhlman, Acting City Manager
Larry Anderson, Director of Public Works
Greg Kopischke, Westwood Professional Services
Ron Swanson, Valley Surveying
Steve Harvey, Valley Engineering Co., Inc.
Norman Barsness Estate Trust
c/o Prior Lake State Bank
Bill Schoenecker, Edina Realty
"SU09PN"
NOTICE OF SUBDIVISION PUBLIC HEARING
FOR BUSSE FIRST ADDITION
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4629
Dakota Street S.E., on Thursday, February 4, 1993 at 7:35 p.m.
The purpose of the public hearing is to consider the
BUSSE FIRST ADDITION, into two commercial lots.
description of the property is as follows:
subdivision
The legal
LEGAL DESCRIPTION:
That part of the West Half of the Southeast Quarter of section 2,
Township 114, Range 22, Scott County, Minnesota and that part of
the East Half of the Southwest Quarter of said section 2, lying
northerly and easterly of the northwesterly right-of-way line of
State Trunk Highway No. 13, southeasterly of the southeasterly
right-of-way line of Old Trunk Highway No. 13 (Duluth Avenue) and
southwesterly of the following described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road; thence deflecting to the
west at an angle of 92 degrees 32 minutes 00 seconds along said
south line of a Town Road a distance of 652.15 feet more or less
to the intersection with the northwesterly ri9ht-of-way line of
said State Trunk Highway No. 13; thence continu1ng on an assumed
bearing of South 87 degrees 39 minutes 52 seconds West along said
south line of a Town Road a distance of 759.70 feet to its
intersection with said southeasterly right-of-way line of said
Old Trunk Highway No. 13 (Duluth Avenue); thence southwesterly
along said southeasterly right-of-way line along a nontangential
curve concave to the northwest having a radius of 1185.41 feet a
chord bearing of South 22 degrees 39 minutes 47 seconds West an
arc length of 231.50 feet to the point of be9inning of the line
to be described; thence South 60 degrees 00 m1nutes 00 seconds
East a distance of 310 feet more or less to said northwesterly
right-of-way line and there terminating.
Or more commonly described as:
Approximately 1.3 acres lying north and east of the intersection
of S.T.H. 13 and Duluth Avenue and located west of the Prior Lake
State Bank Building.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will accept oral
and or written comments. If you have questions regarding this
matter, contact the Prior Lake Planning Department at 447-4230.
~td1
Deborah Garross
Assistant City Planner
To be published in the Prior Lake
25 and February 1, 1993.
American
on Monday, January
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"VA35PN"
NOTICE OF HEARING
FOR
CONDITIONAL USE PERMIT AND VARIANCE APPLICATION
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on: February 4, 1993 at 7:35 p.m.
PURPOSE OF HEARING:
To consider a conditional use permit and variance application for
Davann, Inc., 1420 Mallard Lane, Chanhassen, MN 55317.
SUBJECT SITE LOCATION:
Vacant parcel located southwest of Prior Lake State Bank and
northeast of the intersection of Duluth Avenue and S.T.H. 13. If
the proposed subdivision of Busse First Addition is approved, the
subject site would be Lot 1, Block 1, Busse First Addition. (See
enclosed subdivision notice and map for reference.)
REQUESTED ACTION - CONDITIONAL USE PERMIT:
The applicant proposes to construct a "Subway" restaurant on the
most southwesterly corner of the property. The proposal is to
develop a 1600 square foot, 40 seat Subway restaurant with 27
parking stalls and a drive-thru window. Access will be from
Duluth Avenue approximately 270 feet north of Highway 13. The
building is proposed to be located on the west side of the site
with parking to the east, away from Duluth Avenue and adjacent to
an undeveloped commercial parcel.
The subject site is zoned B-1 Limited Business which is intended
to provide commercial opportunities for office, retail and
service establishments. The "subway" restaurant is considered to
be a fast food establishment and as such, requires that a
conditional use permit be granted before construction can begin.
The purpose of a conditional use permit process is to evaluate
the "Subway" proposal and to allow the City to place special
restrictions on the business in order to reduce negative impacts
to adjacent properties. The "Subway" I?roposal will be reviewed
to determine noise, traffic, visual 1mpression, neighborhood
compatibility, as well as other performance criteria listed in
the zoning Ordinance.
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
REQUESTED ACTION - VARIANCE APPLICATION:
In order to build the "Subwaf" restaurant as ~roposed, the
applicant requests the follow1ng setback and park1ng variances:
The required setback from the centerline of Duluth Avenue is 85
feet. The applicant requests an 11 foot variance from this
standard in order to locate the building 74 feet from the
centerline of Duluth Avenue. The required setback from S.T.H. 13
right-of-way is 50 feet. The applicant requests approval of a
15.05 foot variance from the standard in order to locate the
building 34.95 feet from the right-of-way line. The Zoning
Ordinance requires 40 parking spaces for the proposed building.
The applicant requests a variance to allow 27 parking stalls
instead of the required 40 stalls.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Plannin~ Commission. For more information, contact the
Prior Lake Plann1ng Department at 447-4230.
Prior Lake Planning Commission
DATE MAILED: January 19, 1993
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pylon sign to be erected along with signs on the building on the
northwesterly side and southerly side adjacent to Hwy 13. Pylon
sign will be of permitted height and size according to City
standards.
Parking: The applicant requests a Variance for re~ired parking
spaces. The City Ordinance for this particular s~te in terms of
square footage requires 40 parking stalls. History has shown with
free standing Subways that they do no require that many stalls.
We have researched 14 other communities in terms of what they
would require and found a range from 14 to 41, with the majority
in the mid 20's. The applicant requests a variance to permit 27
parking stalls based on other Subways of this size and the number
of seats, etc.
The applicant also requests a building setback variance. The
structure meets the front yard setback requirements of a B1
District being 30 feet from street ri~ht-of-way. However, the
Ordinance does dictate a 50' setback ~s required from Hwy 13. We
request approximately a 15' variance at that point. The
requirement off Duluth is 85' from center line and we are at 74'
- 85 according to the plans so we are looking for an 11' variance
for just a corner of the buildin~. We did look at various
options trying to locate the bu~lding in other spots but found
with trying to keep access back away, parking really needed to be
where it is to keep it away from the residential area as well.
Discussion followed.
Mr. Brad Busse introduced himself and his wife as the new owners
and manager of the Subway and they also are the franchise owners
and operators of the Subway in Bloomington. They plan to work
at this store making sure that the standards are kept up which is'
one of the conditions upon continuing the franchise with the
Subway. Along with the involvement on a daily basis we also
pledge to become involved with the community, i.e. sponsoring
school programs, commendations for students, sponsor Boy Scout
Troop activities, etc.
Horst Graser, Director of Planning presented staff reports. This
is a three-fold project. Hearings for each of the different
requests were convened contemporaneously in order discuss them in
interrelating issues that are involved with the SUbdivision,
Conditional Use and the Variance.
Mr. Graser presented slides of subject subdivision, elaborated on
the zoning, conditional use and the variances that are asked for.
There are three options that the Planning Commission has as
outlined on page 3 and 4 of the memorandum: 1. Deny the Plat
based upon specific findings, 2. continue the hearing for
specific purpose or for lack of information or to do an
alternative plan, 3. Find the preliminary plat of Busse's 1st
Addn is consistant with our Comprehensive Plan in compliance with