HomeMy WebLinkAbout1993 January Planning Commission Agenda Packets\ ES
PLANNING COMMISSION
MINUTES
JANUARY 21, 1993
The January 21, 1993 Planning Commission Meeting was called to
order by Commissioner Greenfield at 7:35 P.M. and presided over
the meeting until Vice Chairman Arnold arrived at 8:15 P.M.
Those present were Commissioners Greenfield, Loftus, Wuellner,
Arnold, Director of Horst Graser, Assistant City Planner Deb
Garross and Acting Secretary Phyllis Knudsen. Commissioner
Roseth was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY GREENFIELD TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Greenfield, Loftus. Commissioner
Wuellner abstained. Commissioner Arnold, and Roseth were absent.
MOTION CARRIED.
ITEM II - PUBLIC HEARING FOR SHORELAND MANAGEMENT ORDINANCE
Steve Grittman, representative of Northwest Associated
Consultants, Inc., presented the draft of the Shoreland
Management Ordinance and went through the different sections and
noted changes that are proposed.
Commissioner Loftus questions relating to 308 to
258 coverage -also if a structure is damaged to 508 of assessor's
value, what Ordinance would take precedence over the rebuilding?
Controlled access lots on new developwent would have to conform
with new Shoreland Management Guidelines including Homeowners
Associations - all existing are grandfathered in.
Commissioner Wuellner would like language changed to accessory
structures including structures on skids (fish houses etc.) to
conform with all applicable side yard setbacks and maintain
minimum distance from high water elevation.
Island development must meet various conditions one of which is
minimum lot size or TWO contiguous side by side lots.
4629 Dakota St. SE., Prior Lake, Minrimota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORrUff Y MUNER
PLANNING COMMISSION MEETING MINUTES JANUARY 21, 1993 PAGE 2
Any alterations done to shoreland will be regulated to prevent
erosion and to _preserve aesthetics and protect fish and wildlife
habitat.
Signage on any business establishment on the lake must conform to
well defined standards.
Any agricultural use or animal feedlots at time of expansion must
meet the new more restrictive ordinance standards.
Property supplied by private water for domestic use and /or
serviced by private sewage systems, at time of building, zoning
or variance permit application, will be required to be brought up
to Code as per the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
Staff would be allowed to decide without going through
variance, PUD or CUP process, if all criteria is met in the
proposed Shoreland Management Ordinance to determine if a lot
could be built on.
Commissioner Wuellner would like 9.12 Ba9 on page 37 of the
proposed draft to read 50 feet or less of lot width instead of 79
feet.
Also notify adjacent property owners within 100 feet of property
desiring to build or alter existing property so that they can be
heard by the Planning Commission if there are any objections.
Discussion of the old and the proposed ordinances followed.
Chairman Arnold asked if there was anyone in the audience wishing
to comment. Mr. Tom Watkins, 5242 Frost Pt.Cir, Prior Lake,
stressed the need to be consistant in the staffs and Commissions
handling of the Shoreland Management practices.
Chairman Arnold polled the Commissioners to see if they wanted to
adopt the new ordinance with the changes talked about this
evening, or if they wanted to move to continue until after the
changes were made and reviewed.
MOTION BY LOFTUS, SECOND BY WUELLNER TO CONTINUE THE PUBLIC
HEARING UNTIL FEBRUARY 4, 1993.
Vote taken signified ayes by Wuellner, Loftus, Greenfield and
Arnold. MOTION CARRIED.
Chairman Arnold closed this portion of the meeting at 9:20 P.M.
and asked for a short recess.
PLANNING COMMISSION MEETING MINUTES JANUARY 21, 1993 PAGE 3
Chairman Arnold reconvened the meeting at 9:30 P.M.
ITEM III - PUBLIC HEARING TO DELETE 188 COVERAC RATIO
Mr. Dale Runkel, yonsultant for Progress Land Company, the
developer fo Carriage Hills Addition, presented that when plat
was approved lots met all requirements for subdivision. The
developer requested that the 188 coverage ratio be deleted in all
residential districts to accommodate homes that are more in
todays market trends. He provided overhead charts of outlying
communities showing their lot sizes vs coverage ratios or lack
thereof.
The homes that people want to build have a coverage ratio of 198
to 218. The coverage ratio was not discussed during the platting
process. The developer has always intended to construct homes in
the $100,000 to $250,000 range. Now that the plan is being
implemented as approved the coverage ratio does not correspond to
the development concept. Mr. Runkel also demonstrated that the
appearance of the development will not be altered due to the
requested change in lot coverage. Homes will be built up to the
10' side yard setback lines regardless of the 188 coverage ratio.
The difference will be in the depth of the home and resultant
home price.
Mr. Horst Graser comments that the coverage ratio is more a tool
for water quality management rather than to restrict a developer
or a lot.
Hearing was opened to the public.
Marianne Whiting, 14897 Manitou Rd. N.E., Prior Lake. The
Citizens Forum believes that larger houses must be built on
larger lots. By deleting the 188 coverage ratio it would have a
far more reaching effect creating larger homes on the lake and
smaller corridors. We need to increase our standards and not
drop them. Thorough review of lot sizes to be done at time of
plat development.
Tom Watkins, 5242 Frost Pt.Cir, Prior Lake. When the
188 coverage ratio was developed, we were sensitive about
economic zoning - partially market driven. 10,000 sq.ft. lot
allowed the opportunity for smaller houses as community grew. If
house exceeded 188 coversgga ratio it would need to be built on
larger lot. Carriage Hills is a nice development with its unique
topographic features - don't lessen its beauty by allowing larger
homes on small lots.
Carl Hansen, 4065 Raspberry Ridge Rd., Prior Lake. Reason for
moving to area was feeling of openness and its wetland and ponds
giving it that rural feeling. Feels the coverage ratio should
not be changed for this development.
PLANNING COMMISSION* MEETING MINUTES JANUARY 21, 1993 PAGE 4
Brad Wahl, 14195 Timberglade, Prior Lake. Other communities
shown in overhead charts do not have the assets of Prior Lake,
i.e. Lake, open farm areas, etc. Keep Prior Take a small rural
community. We can't be compL — to Burnsville or Bloomington.
Chairman Arnold asked the Commissioners for their comments.
Discussion followed.
Commissioner Greenfield asked Mr. Warren Israelson why market
trends made 188 coverage ratio outdated.
Mr. Israelson stated his development was to contain homes priced
at $100,000 to $250,000. Anything over a starter home wants a 3
car garage and the 188 coverage requirement came as a surprise to
him. No other community he has developed property in has such a
requirement. The streets are in and lots are determined. Wants
to keep houses affordable yet have a quality pro ect. Says the
best interest of the City would be to waive the 18 coverage and
to allow the project as proposed. Side yard setbacks will be
met, won't detract in the appearance from street and will be a
more attractive house. Admitted he should have been aware of the
coverage ratio but it was never brought up during the platting
process.
INFORMATION FROM STAFF: Intent of the 1975 Council - permitted
smaller homes so decreased lots from 12,000 sq.ft with 85
frontage to 10,000 sq.ft. with 80' frontage to attract federal
and state grant homes which reflected the trends of the 70
Today trends are larger homes so larger lots need to be available
in these new subdivisions.
MOTION BY GREENFIELD, SECOND BY WUELLNER TO DENY THIS REQUEST FOR
ELIMINATION OF THE COVERAGE RATIO. THE ELIMINATION OF THE
COVERAGE RATIO CONCEPTUALLY REDEFINES AND FURTHER DEGRADES OUR
COMMUNITIES CURRENT VALUE OF 10,000 SQUARE FOOT LOT. THE
RESULTANT DECREASE ALTERS LOT DENSITY AND DIMINISHES OPEN SPACE.
Vote taken signified ayes by Wuellner, Greenfield, Arnold. Vote
signified nay by Loftus. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY WUELLNER TO CLOSE PULIC HEARING AT
10:55 P.M.
Vote taken signified ayes by Wuellner, Loftus, Greenfield,
Arnold. MOTION CARRIED.
ITEM IV - OTHER BUSINESS
A date for the retreat was tentatively set for February 27, 1993,
and a list of topics to be discussed should be brought up at the
February 4th meeting.
PLANNING COMMISSION MEETING MINUTES JANUARY 21, 1993 PAGE 5
Requested by Deb Garross that the School District Demographic
Report that was distributed be read by the Commissioners.
Commissioner Greenfield suggested a file for acticles and /or
reports on market 'trends be created so that information can be
easily retrieved regarding different issues and be reviewed
annually as to it current relevance. This to be gathered by the
Commissioners. To be discussed again at the retreat.
MOTION BY WUELLNER, SECOND BY LOPTUS To ADJOURN MEETING.
Vote taken signified ayes Loftus, Wuellner, Greenfield, Arnold.
MOTION CARRIED. Meeting closed at 11:15 P.M.
City Planner Acting Recording Secretary
Horst Graser Phyllis Knudsen
AGENDA ITEM: 2
SUBJECT: CONTINUE SHORELM MANAGEMENT ORDINANCE PUBLIC
HEARING
PRESENTER: STEVE GRITTMAN - DEB GARROSS
PUBLIC HEARING: FEBRUARY 4N O 1992
DATE:
Attached find a redraft of the sections of the Shoreland
Management Ordinance cited by the Planning Commission at the
public hearing held January 21, 1993. Staff has attempted to
incorporate the discussion of the Commissioner's relative to
redraftnand the draft. Steve tman reviewed the
were also incorporated.
Please review the attached redraft and be prepared to discuss
thew sections at the public hearing. The recommended action is
that the Planning Commission come to a consensus regarding the
Shoreland Management Ordinance and formulate a recommendation for
adoption to the City Council. it will be critical that a
decision on recommended action be achieved on February 4, 1993 in
order to allow sufficient time for the City Council to review the
document prior to its submission to the DNR by March 4, 1993. In
the event that the City Council desires an additional meeting
date or workshop on the Shoreland Management Ordinance, notice of
the to the next
1993.
ALTERNATIVES
1. Approve the Choreland Management Ordinance as drafted with
the changes included within the redraft dated subject 1- 27 -93. g
2. recommended by the aPlanningeCommissionanfollowing discussion
on February 1 , 1993.
ACTION REQU IRED•
A motion to the City Council incorporating the recommendations of
the Planning Commission, to adopt the Shoreland Management
ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph (612) 4474230 I Fax (612) 4474245
AN EQUAL OPPOR UNTY EWOYER
1 "SMOl"
1 -27 -93
SHORELAND MANAGEMENT ORDINANCE REDRAFT
COMMISSION PUBLIC HEARING HELD 1- 21 -93.
PAGE 7, ITEM D
d. Impervious surface coverage f
BASED UPON PLANNING
PAGE S, ITEM C 2. b)
b) Each dwellin unit must be se aratel serv by
public u 1 1e6, none O W 1C are 's are ;
PAGT 11, ITEM 4. C)
* Commissioner Wuellner suggested that language be developed to
require that all accessory structures meet required
b)
d) The minimum
municipal ses
Island, the i
thousand (15
(side- by -sidf
a) The minimum '.
feet!.
Lccesso "Structures may
provisions defined in
l lifts; on residential
F -two (32) square fast in
thirty-two (32) square
•cial es. oubliC
PAGE 20, ITEM_
Staff reviewed the Sign Ordinance and found a provision for
Lake Service Signs. A Lake Service Sign is currently allowed
by conditional use permit. However, the sign ordinance does
not include any dimensional or number requirements relative
to Lake Service Sins. Therefore, staff recommends that the
language proposed in the DNR Model Ordinance be adopted as
written. The provision limits signage to 32 square feet and
stipulates maximum height of to feet above ground. The
provision further states that signage may only convey
location, name and types of goods or services available at
the establishment. The provision does not allow for display
of product brands and prices. Staff believes that the
language proposed by the DNR is appropriate for existing and
anticipated lake commercial uses.
PAGE 37, ITEM B
B.
Sewered Areas.
a) thistordinanceainxastreside the
residential
requirements o his ordinance as to area or width
may be utilized for single family detached dwelling
purposes provided that all of the conditions of
this subsection apply Lots that do not meet all
of the following conditions shall not be considered
as a separate parcel for development purposes but
the zoning or combs ed s with an adjacent
lot.
1
be size with sewer width
measured at the front yard setback line and
shall have a minimum lot area equal to or
greater than seven thousand five hundred
(7,500) square feet.
2. The lot has been assessed a sewer and water
assessment and will not require an on site
septic system for development.
3. The lot was created compliant with official
controls in effect at the time.
4. The development plans must be in conformance
with the policies for residential development
as outlined in the Comprehensive Plan.
5. The development plan must not exceed 308
impervious surface coverage.
6. Development must be planned and conducted in
such a manner that the control of disturbed
areas and erosion is demonstrated during and
after construction.
7. A complete grading and drainage plan be
submitted to the City Engineer for review.
Such plans should be prepared in accordance
with the National Urban Runoff Program (NURP)
Guidelines and Hest Management Practices,
until such a time as the City adopts a Storm
Water Management Plan.
8. Any cutting or existing vegetation is
minimized to the extent possible.
9.. The lot and proposed structure must meet all
other performance standards of the zoning and
building codes.
10. A substandard, R -1 Zoned lot of record, which
contains fift y 50 feet of lot width,
measured at e required front yard setback
line, may utilize one five (5) foot aids yard
setback provided the following conditions
apply.
a) The lot is not cont icfuou9 to anoth lot
owns2 in common y e aoo
b) No si nificant trees of twelve (12)
nc es or more in ca r w need De
remove ' to accomm e a ve o0
s3deva� se a .
c) No encroachme nt into an other ra ired
s® ac w e neceasary.
d) In no case shall a proposed building
encroach upon any recorded easement.
e)
Unsewered Lots
a) If, in a group of two or more contiguous lots under
the same ownership, any individual lot does not
meet the requirements of Section 9.3.A of this
ordinance, the lot shall not be considered as a
separate parcel of land for the purposes of sale or
development. The lot must be combined with one or
more contiguous lots so they egual one or more
parcels of land meeting the requirements of Section
9.3.A of this Ordinance as much as possible.
/F P R!
�j fs7
N E5
"CU9301"
PLANNING REPORT
AGENDA ITEM: 1
SUBJECT: PUBLIC HEARING - BUSSE FIRST ADDITION
PRELIMINARY PLAT; SUBWAY CONDITIONAL USE AND
VARIANCE
APPLICANT: DAVANN INC., CHANHASSEN, MINNESOTA
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: X YES NO
DATE: FEBRUARY 4, 1993
INTRODUCTION:
T e 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 parking spaces for a fast food
establishment. The three applications are being considered
contemporaneously because of the interrelationship 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 e^parate packet containing memorandums from
City staff and MNDOT ad�iiii finally the public hearing notice and
maps published in ie Prior Lake American and mailed to
approximately 75 residrtts, business owners, utility companies
and affected agencies.
SUBDIVISION REVIEW:
T55 p at 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 Prods^ However, it is impossible to
segregate the subdivision andnd use process since the
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQU. , OWORTUNnY BWLOYER
conditional use would not be valid for the site proposed, because
Lot i 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 parking lot currently
to
a Ralph Tescl
site does n
r.ty. The de
to utilities
Bnue and Ai
1. The ex .
t will be
as for the
stem. Since'
ar would inc
front footag!
ter and Sewe'
cents /sq.`'+
Total Cit:
amount to $1
ag into a
for the devel
Use Plan and ?2
Policy 3 ? of
development s
Center areas.
developer's !agreement =or ane puiszy
offered by the 1981 Comprehensive Plan
he subject site. The comprehensive_ Land
f 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 the
Comprehensive Plan. Duluth Avenue is scheduled for upgrade in
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.
Gradin & Utilit Plan:
T�1 a is genera y 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 1, 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.
2. 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.
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 propose su ivison would add two lots to the block currently
developed with Prior Lake State Bank, the post office and Carols
Furniture. Although both lots meet the minimum 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 sit= 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:
1Find te- preliminary plat of Busse First Addition consistent
with the Comprehensive Plan and in compliance with the
Subdivision Ordinance sub j ect to:
a) An erosion control plan subject to *he 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.
Continue the hearing for specific purposes or lack of
information or detail.
AGENDA ITEM: 2
SUBJECT: CONTINUE SHORELAND MANAGEMENT ORDINANCE PUBLIC
HEARING
PRESENTER: STEVE GRITTMAN - DEB GARROSS
PUBLIC HEARING: X YES NO
DATE: FEBRUARY 4, 3.992
Attached find a redraft of the sections of the Shoreland
Management Ordinance cited by the Planning Commission at the
public hearing held January 21, 1993. Staff has attempted to
incorporate the discussion of the Commissioner's relative to
recommended changes to the draft. Steve Grittman reviewed the
redraft and his changes were also incorporated.
Please review the attached redraft and be prepared to discuss
theses sections at the public hearing. The recommended action is
that the Planning Commission come to a consensus regarding the
Shoreland Management Ordinance and formulate a recommendation for
adoption to the City Council. It will be critical that a
decision on recommended action be achieved on February 4, 1993 in
order to allow sufficient time for the City Council to review the
document prior to its submission to the DNR by March 4, 1993. In
the event that the City Council desires an additional meeting
date or workshop on the Shoreland Management Ordinance, notice of
the special meeting would have to be published prior to the next
available Planning Commission meeting on February 18, 1993.
Approve the --horeland Management Ordinance as drafted with
the changes included within the redraft dated 1- 27 -93.
Approve the Shoreland Management Ordinance subject to changes
recommended by the Planning Commission following discussion
on February S, 1993.
ACTION REQUIRE D
A motion to the City Council incorporating the recommendations of
the Planning Commission, to adopt the Shoreland Management
Ordinance.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612)4474230 / Fax(612)4474245
AN EQUAL OPPORfUNTY EMPLOYER
USMO1"
1 -27 -93
SHORELAND MANAGEMENT ORDINANCE REDRAFT BASED UPON PLANNING
COMMISSION PUBLIC HEARING HELD 1- 21 -93.
PAGE 7, ITEM D
d. Impervious surface coverage for all commercial and
industrial zonin districts snu u 11c recreationa
uses may be all-Owe o excee ......
PAGE 8, ITEM C 2. b)
b) Each dwell in unit must be se aratel served b
pu is u i ies, none o w c are s are ;
PAGE 11, ITEM 4. c)
Commissioner wuellner suggested that language be developed to
require that all accessory structures meet required
setbacks. Section 4.1 B. of the Zoning Ordinance states that
all structures shall not project into any minimum front,
side, or rear yard. Staff recommends that the language in
Item 4. c) remain as written and that paragraph 4.1 B of the
Zoning Ordinance be expanded to include storage sheds and to
also specify that these structures should comply with
required lakeshore setbacks in addition to front, side and
rear yard setbacks. Water Oriented Accessory Structures may
be constructed according to setback provisions defined in
Section 6.3 of the Zoning Ordinance.
PAGE 12, ITEM 5 B)
b) Landings for stairways and lifts on
lots must not exceed thirty -two (32) s
area. Landings larger than thirty -two
feet may be used for commercial proper
open space recreational properties,
unit developments. The required lakes]
for landings shall be ten (10) feet, mi
the ordinary high water mark of the pi
Landings shall not project into any ri
yard setback.
PAGE 14, ITEMS D AND E
d) The minimum lot size for all islands without
municipal sewer and water is one acre. On Twin
Island, the minimum lot size requirement is fifteen
thousand (15,000) square feet or two (2) contiguous
(side -by -side) lakeshore lots, whichever is less.
e) The minimum lot width at OHw is seventy -five (75)
feet.
PAGE 20, ITEM c)
Staff reviewed the Sign Ordinance and found a provision for
Lake Service Signs. A Lake Service Sign is currently allowed
by conditional use permit. However, the sign ordinance does
not include any dimensional or number requirements relative
to Lake Service Signs. Therefore, staff recommends that the
language proposed in the DNR Model Ordinance be adopted as
written. The provision limits signage to 32 square feet and
stipulates maximum height of 10 feet above ground. The
provision further states that signage may only convey
location, name and types of goods or services available at
the establishment. The provision does not allow for display
of product brands and prices. Staff believes that the
language proposed by the DNR is appropriate for existing and
anticipated lake commercial uses.
PAGE 37, ITEM B
B .
Sewered Areas.
a) A lot of record existing upon the effective date of
this ordinance in a residential district located
ad to a General Develo gent or Recrea one
ve o men a e, w ces no Meer rne
requirements or is ordinance as to area or width
may be utilized for single family detached dwelling
purposes provided that all of the conditions of
this subsection apply Lots that do not most all
of the following conditions shall not be considered
as a separate parcel for development purposes but
may be used for open space, other uses permitted in
the zoning district, or combined with an adjacent
lot.
1. The minimum lot size with public sewer shall
be a minimum of fifty (50) feet in width
measured at the front lard setback line and
shall have a minimum lot area equal to or
greater than seven thousand five hundred
(7,500) square feet.
2. The lot has been assessed a sewer and water
assessment and will not require an on site
septic system for development.
The lot was created compliant with official
controls in effect at the time.
4. The development plans must be in conformance
with the policies for residential development
as outlined in the Comprehensive Plan.
5. The development plan must not exceed 303
impervious surface coverage.
6. DevelolAent must be planned and conducted in
such a :tanner that the control of disturbed
areas ana erosion is demonstrated during and
after construction.
7. A complete grading and drainage plan be
submitted to the City Engineer for review.
Such plans should be prepared in accordance
with the National Urban Runoff Program (NURP)
Guidelines and Hest Management Practices,
until such a time as the City adopts a Storm
Water Management Plan.
S. Any cutting or existing vegetation is
minimized to the extent possible.
9.. The lot and proposed structure must meet all
other performance standards of the zoning and
building codes.
10. A substandard, R -1 Zoned lot of record, which
contains fifty 50 feet of lot width,
measured at e required front yard setback
line, may utilize one five (5) foot side yard
setback provided the following conditions
apply.
a) The lot is not conti ous to another lot
owns n common v e apD Can .
b) No sianificant trees of twelve (12)
no es or more in cali — er will nn
removed to accommodate the rive roor.
sidevara setbac
C) No encroachment into any other required
setback will e necessary.
d) in no case shall a proposed building
encroach upon any recorded easement.
e)
Unsewered Lots
a) If, in a group of two or more contiguous lots under
the same ownership, any individual lot does not
meet the requirements of Section 9.3.A of this
Ordinance, the lot shall not be considered as a
separate parcel of land for the purposes of sale or
development. The lot must be combined with one or
more contiguous lots so they equal one cr more
parcels of land meeting the requirements of Section
9.3.A of this Ordinance as much as possible.
O
APPLICATION FOR THE SUBDIVISION CF LAND
WITHIN THE CITY OF PRIOR LAKE
Legal Description of Property:
Present Zoning: 9--/ Property Acreage: e5go
Deed Restrictions: No4 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:
No 4 2!&— Yes What was requested:
When:
I have read the Prior twice Subdivision Ordinance and agree to provide the
information and do the work in accordance with the provisions of the ordinance.
�it`.!i Oct /9, �99a
App l Si ure Date
i
I �„ �la 19 4
n n �'. h. � e n n
Fee n 0►�s:ers Signature 0. Ha n Date �'
1O BE FILLED IN BY THE FIANMG DIRECTOR
PLAmG OJ! issiow APPROVED DENIED DATE OF HEARIID
CITY COUNCIL _APPMED __DENIED DATE OF HEARING
CONDITIONS.
Signature of the Planning Director
Late
Agent:
_Phone:
None of Surveyor
ph": �a
Name of Engineer:
:171 P _Phone:
Legal Description of Property:
Present Zoning: 9--/ Property Acreage: e5go
Deed Restrictions: No4 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:
No 4 2!&— Yes What was requested:
When:
I have read the Prior twice Subdivision Ordinance and agree to provide the
information and do the work in accordance with the provisions of the ordinance.
�it`.!i Oct /9, �99a
App l Si ure Date
i
I �„ �la 19 4
n n �'. h. � e n n
Fee n 0►�s:ers Signature 0. Ha n Date �'
1O BE FILLED IN BY THE FIANMG DIRECTOR
PLAmG OJ! issiow APPROVED DENIED DATE OF HEARIID
CITY COUNCIL _APPMED __DENIED DATE OF HEARING
CONDITIONS.
Signature of the Planning Director
Late
December 10, 1992
BUSSE FIRST ADDITION
Prior Lake, Minnesota
REQUEST
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.
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 101 trip increase for employees and deliveries, the site
would generate approximately 440 trips per day. The P.M. peak is about 5.61
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 ITS standards for trip generation):
Office
Assumed 25% site coverage creating a 9,550 sq. ft. building and 39
parking stalls. This will generate :bout 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 601 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 /DMIUM
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 Duluth Avenue and cross under Duluth
approximately between the two proposed lots. An S" water main would extend
southerly along and cross Duluth Avenue near the sanitary sever. 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.
,'/ \. 'e �' �� `.r � n('• �
r
1 `
/ T L STATE TRUNK mw.. NO. 6
BUSSE FIRST EDITION
' c ii II
C; pi
FEE ONNFlt /PLATTER
E.N. BARSNES.S TRUST A & B
C/0 Mr. Robert Bareness
16677 Duluth Avenue S.E.
Prior Lake, Mn. 5537
Ph. 612 -447 -2101
PURCHASER /DEVELOPER
DAVANN, INC.
BRAD BUSSE & MARY BUSSE
1420 Mallard Court
Chanhassen, Nn. 55317
Ph. 612 -448 -5710
DESIGN CONSULTANT.
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 120-0
PRIOR LAKE, MINNESOTA 55372
Ph. 612 - 447 -2570
Ronald A. Swanson, R.L.S.
VALLEY ENGINEERING CO., INC.
7301 OHMS LANE
SUITE 500
MINNEAPOLIS, MINNESOTA 55439
STEVEN D. HARVEY P.E.
Ph. 612- 032 -9475
BUSSE FIRST ADDITION
PAGE 9
TABLE OF CONTENTS
NARRATIVE
Property Location
Property Legal Description
Zoning
Existing Site Conditions
Storm Water Runoff
Steep Slopes and Erosion Control Measures
Vehicular Access
Request for Subdivision
EXHIBITS
Preliminary Plat
Utility plan
Final plat
i
PAGE
2
2
3
3
4
4
4
5
6
7
B
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 DESCRIPTION of RECORD:
That part of the Nest 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 Nest Half of the Southeast
Quarter distant 1940.80 feet north of the southeast corner of said Nest 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 Nest 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 Nest 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 Fast a distance of 310 feet more or less to said northwesterly
right -of -way line and there terminating.
y,
BUSSE FIRST ADDITION
PACE 3
ZONING CLASSIFICATION:
The property is presently zoned B-1 Limited Business and the requested use
for this project is also B-1 Limited Business.
EEISTLIG SITE COMMONS:
The site 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 site 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 e.ross 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 Anne 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.
RUSSE FIRST ADDITION
PACE 4
STORM 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 site 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 staff.
� • o. u k1V r, r • , .. - 'I • >.
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.
VMCULAR ACCESS
The access to the sit 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
BUSSE F= ADDITION
PACE 5
REQUEST FOR SUBDIVISION
as
is my understanding that if the Conditional use permit is den3
pursue the final plat at this time.`.
i�o wiv rv�. _ _ _
�.
- PRELIMINARY PLAT OF
_[f BUSSE FIRST ADDITION
BUSSE FIRST ADDITION
_
-- _
rr .315
„. RKi S Vr55 MMN'vP �E_ • _ _ _ ___
�C K
N E
Wllry Srvglq Cr,PA �� 9
-09 19 92
10:09 FAX 612 117 1215 CITY PRIOR L1EE
CL7 plc - (1 .2
PIDt .� T 9u d -Q !J -
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant:
Davann, Inc.
Acne Phone:
448 -5710
Address:
1420 Mallard
Lane: Chanhassen, MN 55317 _ Work Phone: -44§-5710
Property Owner: Norman
Raran as Estate Trn= \Rest Ado@ Phones
----
Address:
Prior Lake
State Bank: 16677 Dulu S.E. Work PN»ne:
447 -2101
Consultant : 'fie
=yaQ Prof_
off _ Phon @E
937 -5150
Address:
14180 W. 78th
Street. - Suite 90. Eden Prairie. MN 55344
Proposed Conditional Use Address: Duluth Avenue S.E
Legal Description: See attached description by Valley Surveying Co.. P.A.
Existing Use of Property: vaunt
Property Acreage: 20.098% ft. Present Zoning: R -1
Conditional Use Being Requested; For fast food restau: within B-1 zoning as allowed
er Zo in¢ ordinance.
Deed Restrictions: X_ NO _Yes If so, please attach.
Bas the Applicant previously sought to plat, rezone, Obtain a variance or conditional use
permit on the subject site or any part of it: —L -NO Yes Request:
Whent
,ciMS M aannrnsMRS :(A)Completed application form. (B) Complete legal description and
parcel identification number (PID). (C)Filing fee. (D)Deed restrictions, if necessary.
(:)Fifteen copies of site plan drawn to scale showing existing /proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
tot existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (B)Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY OCFMME APPLIQUIONS rtMLL BE P"IEWM BY THE PLANNING 0344ISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance which specifies the
requirements for conditional uses. I agree to provide information and follow the
p roc ras as ou in the Ordinance.
JAppTIcants S , aturs Date
Fee Owners Signature Data
THIS SECTION TO BE PILLED OUT BY THE PLANNING DIRECTOR
HAfd M OOMSSION APPROVED _ - DATE OP HEARING
CITY COUNCIL _APPROVED ___DENIIED DATE OF =RIM
CONDITIONS-
CONDITIONAL USE PERMIT
This agreement is for Brad & Mary Busse to apply for a conditional
use permit to the City of Prior Lake.
The conditional use permit is for the property located at Duluth Ave.
and Hwy 13
E.N.BARSNESS TRUST
tit
7VY .bwa-
Permission granted by
RICHFIELD BANK & TRUST CO
Richfield, Minnesota
BY
Psrsooef Trost Offlow
09/17/92
Proposal for
ca maw
Prior Lab, Minnesota
BY
Davann, Inc.
September 27, 1992
SUBWAY
Prior Lake, Minnesota
REOUEST
Submission is presented to the City of Prior Lake requesting review and
approval of the following:
Site plan review for a 1600 f sq. £t. Subway restaurant on a
X0,098 x sq. ft. site at the northeasterly corner of Hwy. 13 and
Duluth Avenue S.E.
Conditional Use Permit (C.U.P.) for fast food restaurant within a
B -1 (Limited Business) zoning district.
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 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.
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 301 expected to be
drive -thru.
200 transactions
x 30% drive -thru percentage
60 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 E -1, limited
business zoning district. The following comments relate to the listed
"Criteria for Approval" as found in the zoning ordinance.
Tue proposed use is an allowed conditional use within the existing
3 -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. 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 propose" 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
VARIv ° REQUEST
The c rent zoning ordinance requires that the proposed use provide 40 parking
stab Based on the performance of other similar Subway restaurants, this
amour: of parking is in excess of what is needed to operate at acceptable
level:.. 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
26 parking
stalls
(operational)
• Fergus Falls, MN
25 parking
stalls
(operational)
• Mankato, NN
20 parking
stalls
(operational)
• New Prague, MN
20 parking
stalls
(approved, scheduled to start
construction October, 1992)
A number of Twin city area communities were also checked regarding how they
determine parking needs. Of the 20 : communities reviewed, a few also used
Prior takes 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, AaW 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 1I, 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. £t. 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 precedwt.
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
exce ^s 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
6. 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 • 20,098 s sq. ft.
Existing Zoning • B -1 Limited Business
Proposed Zoning • B -1 with C.U.P. for
fast food restaurant
Proposed Building Area • 1600 s sq. ft.
Lot Coverage of Building • 7.96
Parking Required • 40
1 stall per 15 sq. ft. customer area
598 s.f. a 15 . 40 stalls
Parking Proposed
27
(variance)
std. stalls 9' x 18' - 25
handicap per ADA stds. -22
total 27
Zoning Standards
Minimum lot area
• 20,000
sq. ft.
Minimum lot width
• 120
ft.
Minimum Yard Setbacks
Front
• 30
ft.
Side
• 15
ft.
Rear
• 30
ft.
Parking /Drive Lanes
• 0
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 sore 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 11 a 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
begira,ing 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 Sine and there terminating.
LANDOWNER
Norman earsness Estate Trust
C/0 Bob Bareness
Prior Lake State Bank
16677 Duluth Ave. S.E.
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, HN 55344
Phone: 949 -0985
PLANNER /ENGINEER /LANDSCAPE ARCHITECT
Westwood Professional Services, Inc.
14180 W. 78th Street, Suite 220
Eden Prairie, HN 55344
Phone: 937 -5150
VA S - 3 s
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Davann, Inc.
Type of Ownership: Fee rrior Lax eract Purchas
Consultant/Contractor: Westwood Professional Services Phone
14180 W. Hwy 5
Existing Use Eden Prairie, M 55344
of Property: Vaeant Prese
Legal Description
of Variance Site: see attached description
Variance Requ ested: Building setback variance from 50 feet t�
, k-,one: 448 -5710
'-'hone: 44A -i71n
Phone:
Phone: 447 -2101
e Agreement —. A
937 -5150
Zoning: B -1
(see attached narrative)
Has the applicant previously sought to plat, rezone, obtain a ve -iance or conditional
use permit on the subject site or any part of it? Yes x No
What was requested:
When: Disposition:
Describe the type of improve proposed: site plan approval for a free - standing
subway restaurant.
SUBMISSION FaMIREMUS
WCompleted application form. (B)Filing fee. (C)Proper , Survey indicating the
proposed development in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. lb)Certi.fied from abstract firm,
names and addresses of property owners within 100 feet of the exte� -ior boundaries of
the subject property. (E)Camplete legal description & Property Idesti.fi<ation Nmber
CPID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY MWLEPE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY THE PLANNING OMaSSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. n _ ,n A
Submitted this day of l y l a q.2 Applicants Signature
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
COMMONS:
Signature of the Planning Director Date
09 16 9: 10:10 F.4S 61: 117 1:15 CITY PRIOR LAID:
ai
CITY OF PRIOR I=
APPLICATION FOR VARIANM
Annii,,,nt• Davann, Inc. a
Property
Address:
'Type of i
:4180 W. 78th Street, Suite
Existing Use Eden Prairie, MN 55344
of Property; Vacant
Legal Description
of Variance Site : . see attached descriotion
Variance ReQUeSted; r dnrtio in Darkine from 40 r
Zoning; R -i
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes _g_ No
What was requested:
When: D isposition -
Describe the type of =Vrovaments proposed: site plan approval for a free - standing
Sub WHv restaurant-
SOBMSSION '
S
(A)Ccmpletsd application lomm�. (H)Filirnq lee. (C)pzoperty Sltvey cating the
proposed development in relation to gsopezty lsnes aanndd//or ordinary- biq)rwater mark;
proposed building elevations and drainage plan. (D )Certified frcm abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subjeei property. CE)Ccmplete Iegal description s Property Identification Number
�Ir). CF)Deed restrictl0ne or private covenants, if applicable. (qA parcel mnp
at I "- 20'-50' showing: The site development plan. buildirrla: parking. loading,
access. surface drainage. landscaping and utility service.
ONLY O3WLEPE APPLIGUIONS SHALL HE ACCEPTED AND REVIEWED HY THE PLAMUM OCKaSSION.
Z003
To the beat of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the ordinance. ./,J. A/7
Submitted this 9 day of ' `T& Applicants fIgnature
Fee Owners Signature
THI SPACE IS TO HE FIELED OUT BY THE PI.ANbMG DIRDCfOR
Ig
7. .
Pro#
ph 448 -57 10
Pip 448 -5710
vhm - ----
Signature of the Planning Director
Date
SUBWAY
Variance Bequest - Front Yard Building Setbacks
The proposed Subway was designed to meet or exceed the 30 -foot 3-1 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 - 85 feet, measured from the centerline of the
(Duluth Avenue S.E.) 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:
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.
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.
Existing Single Fai
Residential)
I
Anna
Trail
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I N T E R O F F I C E M E M O R A N D U M
TO: HORST GRASER, CITY PLANNER
FROM: fi,BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: BUSSE FIRST ADDITION PRELIMINARY PLAT REVIEW
DATE: JANUARY 21, 1993
The fallowing comments are from the Public Works review of the
above referenced plat:
P reliminary 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 (80) 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. S.E., Prior fake, Minnesota 55372 / Ph. (612) 44i- 230 / Fax(612)447-4245
AN EQUAL OPPOREUN E EMPLOYER
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M E M O R A N D U M
TO: HORST GRASER, DIRECTOR OF PLANNING
FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
RE: PARK DEDICATION REQUIREMENT FOR BUSSE FIRST ADDITION
DATE: 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 lot 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 subdii.ision. Duluch 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 Dak ^ -c St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORrUN'nY EMPLOYER
0 � PR /
MEMORANDUM
TO: Planning Department
FROM: Ralph Teschner, Finance Director LAY
RE: Busse 1st Addition Preliminary Plat
DATE: 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 $2750.00 /acre
atormwater Management Fee 20.3 cents /sq. ft.
Collector Street Fee $700.00 /acre
The :.1tplication of these City charges would generate the
follr,wing costs to the developer based upon a net area of 58,302
square feet as provided within the site data of the preliminary
plat- description:
1.34 acres @ 700.00 /acre ... $ 938.00 (collector)
1.34 acres @ 2750.00 /acre ... $ 3,685.00 (trunk)
58,302 sq. ft @ 20.3 cents ... $11,835.31 (stormwater)
Total City fees ... $16,458.31
There are no other outstanding special assessments currently
certified against the property nor any pending deferments. The
above represented charges for the preliminary plat of Busse First
Addition would be collected upon entering into a developer's
agreement for the utility improvements.
4629 Dakota St, S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
A EQUAL OWDFCT^ M EFIPLOYER
,,,,NNESO, Minnesota Department of Transportation
0 y
° Metropolitan Division
Transportation Building
y � 0 �' Zo'
S4. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Vallev 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, /
William A. Sirois
Senior Transportation Planner
cc: Dotty Ri tow, Metropolitan Council
Brad Larson, Scott Co. Engineer
William Schmokel, Scott Co. Surveyor
An Equal Oppnrfamfu Emplowi
PROO \
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"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 subdivision
BUSSE FIRST ADDITION, into two commercial lots The legal
description of the property is as follows:
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 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 northwester'y
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
M EQLAi 0PPORlUh1TY E PWD
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.
* "al
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, January
25 and February 1, 1993.
Ex -EO F EI/.BI PLAT OF \ \
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"VA35PN"
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" proposal will be reviewed
to determine noise, traffic, visual impression, neighborhood
compatibility, as well as other performance criteria listed in
the Zoning Ordinance.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph (612) 4474234 / Fax(612)4474245
AN EQUAL OPPORrUNrrY EW OYnt
REQUESTED ACTION - VARIANCE APPLICATION
In ord -e to buiiu the "SUCwax" restaurant as proposed, the
applicant requests the following setback and parking 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 Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: January 19, 1993
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ADDENDUM TO PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
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 1, 1993
INTRODUCTION;
Davann, Inc. has applied for a conditional use permit to
construct and operate a Subway fast food store on prcposed Lot 1,
Block 1, of Busse First Addition. in addition the following
variances are being requested:
1). Building setback variance for the Subway store from
50 feet to 34.95 feet adjacent to STH 13.
2). Building setback variance for the Subway store from
85 feet to 74 feet adjacent to Duluth Ave.
3). A reduction in required parking spaces from 40 spaces
to 27 spaces as shoun on the site plan.
The conditional use application is filed under Section 7.5 of the
Zoning Code and the variances are filed under Section 7.6 of the
Zoning Code.
CONDITIONAL USE AND VARIANCE REVIEW:
The applicant did meet with city staff on several occasions prior
to submitting the applications. The staff recommendation to the
developer was to be respectful to the existinq uses in the
neighborhood by utilizing good exterior building design,
landscaping and site designs. That the improvements and
construction be at a minimum or exceed the level of existing
construction and improvements in the neighborhood.
The proposal is to construct a 1600 square foot Subway fast food
store with direct land access to Duluth Ave. The landscaping of
the store meets the proposed Landscape Ordinance currently under
consideration by the City Council. The exterior finish of the
store includes a brown brick (to match the adjacent bank),
insulated glass windows in bronze aluminum frames, two signs
(which meet code) a 6/12 pitched gable roof with asphalt
shingles and metal facia. The orientation of the store is east
and south.
4629 Dakota St. SR, Prior Lake, Minnesota 55372 / Rr. (612) 4474230 / Fax(612)4474245
AN EQUAL opPORrUMIY BeLOYni
The site design and accompanying variance requests demonstrate
the limited building envelope of the lot. It will be difficult
to develop a site plan for this use or any other building that
maintains the required setbacks due to the inefficiency of the
lot. The site plan includes a 1600 square foot store, 27 paved
parking spaces, a service drive through area and landscaping.
Vehicular access is from Duluth Ave. The site is not connected
to a pedestrian sidewalk or trail system. There is a striped
designated bikeway on Duluth Ave. which is currently designed as
a rural section roadway but scheduled to be upgraded in 1997 to
an urban section with sidewalks and trails.
PLAN ANALYSIS:
in general the use conforms to the distric* and will not
involve any element or cause any conditions which may be
dangerous, injurious, or noxious to any other property or persons
in the neighborhood.
Duluth is classified a collector street witt adequate capacity to
handle the expected 440 daily trips generated by Subway. The
proposed driveway access from Duluth is directly across from a
developed R -1 single family residential area. Noise, and
headlights produced by vehicles using Subway may compromise the
living environment of those residents directly across from the
driveway. An alternative location is suggested where the
driveway would align with Anna Trail. Berming and heavy
plantings should be introduced from the new driveway location to
the northern property line in an effort to be sensitive to the
residential environment. Sensitivity in lightly applications has
been suggested by the applicant. Any signage should not face
Duluth or at least be so orientated as to not be directly visible
from the residents directly across from the store.
The on -site parking plan contains 27 spaces which is 13 less than
required by the Zoning Code. The applicant has suggested that 27
spaces are adequate based on his market analysis and experience
of other stores in similar situations. The applicant further
suggests that Prior Lakes Zoning Code may be excessive and not
current with needs of todays business community. It has been
staffs experience that fast food chains have a good understanding
of their parking needs and will not open a store that is
deficient in this critical area.
The use has several other elements that may cause or will produce
depreciation in property values and /or character of the
neighborhood. Since the store will have a drive through
service an outside order board will produce objectionable noise
that my be heard from the homes directly across the street.
Although this is perhaps not a constant factor it may prove to be
irritable during certain conditions and times. It is suggested
that the order board be placed in an alternative location whereby
reducing the potential negative affect on homeowners. It is also
a fact that wrappings used to contain the food find their way
onto neighboring properties. The applicant should devise a
program whereby clean up of adjacent property is done on a
regular basis. The maintenance of the grounds and structure is
vital in maintaining a visual impression of quality and respect
and should not be allowed to deteriorate.
ALTERNATIVES•
1) Find the conditional use permit and variances consistent with
the Comprehensive Plan and within the spirit and intent of
the Zoning ordinance. Approval may be subject to conditions
as deemed appropriate by the Planning commission.
2) Continue the hearings as may be necessary or requested
however with specific direction to the applicant.
3) Deny the applications.
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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 3Qproved, 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" proposal will be reviewed
to determine noise, traffic, visual impression, neighborhood
compatibility, as well as other performance criteria listed in
the Zoning Ordinance.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNITY. EMPLOYER
REQUESTED ACTION - VARIANCE APPLICATION
In order to build the "SUbw =s'" restaurant as proposed, the
applicant requests the following setback and parking 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 Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: January 19, 1993
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"CU9301"
PLANNING REPORT
AGENDA ITEM: 1
SUBJECT: PUBLIC HEARING - BUSSE FIRST ADDITION
PRELIMINARY PLAT; SUBWAY CONDITIONAL USE AND
VARIANCE
APPLICANT: DAVANN INC., CHANHASSEN, MINNESOTA
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: X YES NO
DATE: FEBRUARY 4, 1993
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 parking spaces for a fast food
establishment. The three applications are being considered
contemporaneously because of the interrelationship 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) 447 -4245
AN EQUAL OPPORTUNM EMPLOYER
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 parking lot currently
used by Prior Lake State Bank to provide 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 rom 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 propert y 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.
Cg r, Plan:
T eh re is Titfle 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 the
Comprehensive Plan. Duluth Avenue is scheduled for upgrade in
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 vehicles per
day. The Subway proposal should not significantly affect traffic
volumes along Duluth Avenue.
Gradin & utilit Plan:
T e s1 ee 1s 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 1, 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.
2. 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.
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.
ff ral Discussion:
propose sub ivison would add two lots to the block currently
loped with P rior Lake State Bank, the host office and Carols
iture. Although both lots meet the minimum 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:
11, Find thethe 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.
Continue the hearing for specific purposes or lack of
information or detail.`
I N T E R O F F I C E M E M O R A N D U M
TO: HORST GRASER, CITY PLANNER
FROM: 64,BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: BUSSE FIRST ADDITION PRELIMINARY PLAT REVIEW
DATE: 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 (80) feet.
Sa nitary Sewer & Watermain
4. Sewermain and watermain lines should have a ten (10) toot
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. S.E., Prior Lake, Minnesota 55372 / Ph (612) 4474230 I Fax(612)447-4245
AN EQUAL OPPOR7UPM EMPLOYM
TO: HORST GRASER, DIRECTOR OF PLANNING
FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
RE: PARK DEDICATION REQUIREMENT FOR BUSSE FIRST ADDITION
DATE: 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 sstem 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. SE., Prim lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTLRQ Y EMPUNER:
PRI
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Lam h
i
TO: Planning Department
FROM: Ralph Teschner, Finance Director
RE: Busse 1st Addition Preliminary Plat
DATE: 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 i Sewer Charge $2750.00 /acre
Stormwater Management Fee 20.3 cents /sq. ft.
Collector Street Fee $700.00 /acre
The application of these City charges would generate the
following costs to the developer based upon a net area of 58,302
square feet as provided within the site data of the preliminary
plat description:
1.34 acres @ 700.00 /acre ... $ 938.00 (collector)
1.34 acres @ 2750.00 /acre ... $ 3,685.00 (trunk)
58,302 sq. ft @ 20.3 cents ... $11.835.31 ( stormwater)
Total City fees ... $16,458.31
There are no other outstanding special assessments currently
certified against the property nor any pending deferments. The
above represented charges for the preliminary plat of Busse First
Addition would be collected upon entering into a developer's
agreement for the utility improvements.
4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 44711230 / Fax (612) 4474245
\ AN EQUAL OPPORnMRV EMPLOYER
MXNNESop Minnesota Department of Transportation
V
n� Metropolitan Division
Transportation Building
F St. Paul, Minnesota 55155
h oc �
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
D 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,,
William A. Sirois
Senior 1'ransportation Planner
cc: Dotty Rietow, Metropolitan Council
Brad Larson, Scott Co. Engineer
William Schmokel, Scott Co. Surveyor
Air Equal 01 , 1kWunitq Employer
APPLICATION FOR THE SUBDIVISION CP LAND
WITHIN THE CITY OF PRIOR LAKE
Property
Address:
Subdivide
Address:
Agent: _
Address:
Name of Surveyor /�l/L�Fy �!/2Ueuieo Phone:
Name of Engineer: a5'G!/e4•t��/ �� Phone:
Legal Description of Property:
i
Present Zoning: g=,/ Property Acreage: �OG130 Srt m ac,
Deed Restrictions: No4_ Yes If so, please attach.
Hai the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
Nom Yes What was requested:
When•
I have read the Prior Lake Subdivision Ordinance and agree to provide the
information and do the work in accorPannce with the provisions of the ordinance.
'SnllllJ A 1W Oct 19. /
Applicants Si ure Date
L ,
� i� --�Y 4 ^A+ -Y�a -, c141. D'% 1947
Fee / owners Signa Date '
��7H SECTION 10 BE FILLED IN BY THE P DIRECTOR
PLAla m COMMISSION APPROVED _DENIED DATE OF BEARING
CL1R ODUNCIL �APPRDVED _DENIED DATE OF NEARING
CONDITIONS:
Signature of the Planning Director
Date
December 10, 1992
BUSSE FIRST ADDITION
Prior Lake, Minnesota
REQUEST
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 nort=larly 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 9-1 Limited Business.
P ROPOSAL
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.
UTTILITIHSIDHAINAGN
The site currently is not served by sanitary sewer and municipal water. A
preliminary plan is subuitted with this subdivision proposal which shows the
extension of services. Sanitary sewer would extend generally southerly from
Anna Trail along the west side of Duluth Avenue and cross under Duluth
approximately between the two proposed lots. An S" 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 parkins, 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.
i
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STATE
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BUSSE FIRST EDITION
FEE ONNFR/PLATTIR
E.N. BARSNESS TRUST A A B
C/O Mr. Robert Bareness
16677 Duluth Avenue S.E.
Prior Lake, Mn. 55372
Ph. 612 -447 -2101
DAVANN, INC.
BRAD BUSSE A MARY BUSSE
1420 Mallard Court
Chanhassen, Mn. 55317
Ph. 612 - 448 -5710
Dt53CN CONSULTANTS
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL BE
SUITE 120-0
PRIOR LAKE, MINNESOTA 55372
Ph. 612 -447 -2570
Ronald A. Ssansm, R.L.S.
F . -
VALLEY ENGINEERING CO., INC.
7301 OHMS LANE
SUITE 500
MINNEAPOLIS, MINNESOTA 55439
STEVEN D. HARVEY P.E.
Ph. 612 -032 -9475
BUSSE FIRST ADDITION
PAGE 1
TABLE OF CONTENTS
NARRATIVE
PAGE
Property Location
2
Property Legal Description
2
Zoning
3
Existing Site Conditions
3
Storm Water Runoff
4
Steep Slope$ and Erosion Control Measures
4
Vehicular Access
4
Request for Subdivision
5
EXHIBITS
Preliminary Plat h
Utility plan V
Final plat a
BUSSE FIRST ADDITION
Page 2
PROPERTY LOCATION:
The property is bounded on the west and northwest by Duluth Avenue, on the
south and went by State Highway No. 13 and on the northeast by the existing
Prior Lake State Dank.
PROPERTY DESCRIPTION of RECO
That pert of the Hest Half of the Southeast Quarter of Section 2, Township
114, Range 22 Scott County, Minnesota and that part of the East Llalf of the
Southwest Quarter of said Section 2, lying northerly and m tarty of th
northwesterly right -of -ray line of State Trunk Highway No. 13, southeasterly
of the southeasterly right -of -way line of Old Truck Highway No. 13 (Duluth
Avenue) and southwesterly of the following described line:
Commencing at a point on the east line of said Nest Half of the Southeast
Quarter distant 1940.80 feet north of the southeast corner of said Rest Half
of the Southeast Quarter, said point being on the south line of a Tom Road;
thence deflecting to the west at an angle of 92 degrees 32 minutes 00 seconds
along said south line of a Tom Road a distance of 652.15 feet sore or less to
the intersection with the northwesterly right -of -way line of said State Trunk
Highway No. 13; thence continuing on an assumed hearing of South 87 degrees 39
minutes 52 seconds Nest along said south line of a Tom Road a distance of
759.70 feet to its intersection with amid southeasterly right -of -say 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 Nest an are 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.
BUSSE FIRST ADDITI
PACE 3
TURING CLASSIFICATION:
The property is presently zoned B-1 Limited Business and the requested use
for this project is also B-1 Limited Business.
EXISTIwn SITE CONDITIONS:
The site 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 eurface 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 site 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 Poet Office, to the southeast across Highway 13 is the Hollywood
Restaurant, to the seuth is the shopping center and to the southwest is the
Holiday Gas Station. The intersection of Duluth Avenue and Highway 13 is
presently signalized. Anne Trail intersects the southeasterly aide 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 Anne Trail and will be extended as a part of this proposal.
electrical and gas services are available to the site at this time vie the
existing bank site.
BUSSE FIRST ADDITION
PACE 4
STORM WATER RUNOFF:
As previously stated predevelopment stormweter runoff flows southerly along
Duluth Avenue and overland into the existing Highway 13 ditch. The runoff
from the Highway 13 ditch flown 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 site indicates that an site Ponding of surface
water runoff may act be necessary for the requested improvements. All storm
sever easementa needed for the site will be provided via the final plat after
the final plans ere approved by staff.
STEEP SLOPS AND EROSION CONTROL musgNES•
There are no steep elopes 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 'lookup all disturbed
areas will be dressed off and covered with soda
11 �:HwT
The access to the site from Highway 13, will be via Duluth Avenue and Anne
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
BUSSE FIRST ADDITION
PACE 5
BEQUEST FOR SUBDIVISION
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 wltbth a B-1 (Limited Business) moping district.
Along with the permit will be a request for a setback varisnoe from Highray
13, for lot 1. At this time it In 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. Ne 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.
�i%suv.py�ta. PA.
O
PRELIMINARY PLAT OF
BUSSE FIRST ADDITION
BUSSE FIRST ADDIT
Y u
y ^EW. 3KP .q.:5
_yam' -
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W IkY
69 1Y 92
10:09 FAN
61: 147 4115 CITY FRIOR LIKE
APPLICATION FOR CONDITIONAL USE PER41T
Applicant:
Davann, Inc.
Hone Phone
448 - 5710
Address:
1420 Mallard
Lane: Chanhassen, MN 55317 Work Phone:
448 -5710
Property owner: Norman Rarsness
Estate Tr>IAt Some Phone:
- - --
Address: /o
Prior Lake State
Bank- 1667 Duluth Av S.E. Fbrk Phone:
� i:)J/Z
447 -2101
COnstlltant:
ro
Pf.
ser � r or axe. pine:
937 -5150
Address:
14180 w 78th
Street. Suite 220. Eden Prairie- MN _55344
Proposed Conditional Use Address: Duluth Avenue
Legal Description: See attached description by Valley Surveying Co.. P.A.
Existing Use of Property: Va ant
Property Acreage:_ 20. 198 1t sg. ft. Present Zoning: R -1
Conditional Use Being Requested: For fast food restaurant within B -1 zoning as allowed
per zoning ordinance.
Deed Restrictions: X _ No 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: % No _Yes Request:
When:
SUBMISSION REQUIRDUMS :(A)Canpleted application form. (B)Complets legal description and
parcel identification number (PID). (Wiling fee. (D)Deed restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale stowing existing /proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways? parking areas, walks and curbing. (G)Certified from abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H)Applicaticn and supportive data are due 20 days prior to any scheduled
hearing.
ONLY C010LETE APPLICATIONS SHALL BE REVIEWED BY THE PLADMN; C3WSSION.
To the best of my knowledge the information presented on this foci is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance which specifies the
requirements for conditional uses. I agree to provide information and follow the
proc9dpres as outlined in the Ordinance.
AppTi cants Si4nature Date
Fee Owners Signature Date
THIS SECTION TO BE FILLED OUT BY THE PLANNING DIRM=R
oil] 0
u.. • '.•.r• .r 7. . •.
CONDITIONS-
CONOITIONAL USE PERMIT
This agreement is for Brad & Mary Busse to apply for a conditional
use permit. to the City of Prior Lake.
The conditional use permit is for the property located at Duluth Ave.
and Kay 13
E.N.BARSNESS TRUST
RICHFIELD BANK & TRUST CO
Richfield, Minne�
BY
� � c `• � � �— 4P, Tro
Permission granted by
09/17/92
Proposal for
Prior Lake, Minnemota
By
Davann, Inc.
September 21, 1992
SUBWAY
Prior Lake, Minnesota
REQUEST
Submission is presented to the City of Prior Lake requesting review and
approval of the following:
Site plan review for a 1600 s 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 Hank 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 Hiqhway 13 and 120 feet north of Anna
Trail. The building will be located on t! west side of the site with parking
to the east away from Duluth Avenue and .djacent 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.
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 iz appropriate. Another scenario is that this proposed
store is expected to have 200 transactions per day with 303 expected to be
drive -thru.
200 transactions
x 30% drive -thru percentage
60 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 9-1, 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
S -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. There will be nothing associated with the nstruction or
operation of the proposed use that would hk 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 visibilit at the public street.
The distance from adjacent street intersect�:ons 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.
7. 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.
B. 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
VA RIANCE REQUEST
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 orations. Three are operational and functioning at
acceptable levels with avail.i)le parking.
• Monticello, MN
(operational)
• Fergus Falls, MN
(operational)
• Mankato, M:1
(operational)
• New Prague, MN
(approved, scheduled to start
construction October, 1992)
26 parking stalls
25 parking stalls
20 parking stalls
• 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 La::es 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, AAW 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 -
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:
40 stalls
1 stall per 35 sq. £t. of seating /counter area
598 sq. ft. a 35 - 18 stalls
Savage /Chaska /Eden Prairie /Apple valley
1 stall per 3 seats (Savage has a 1 stall per
20 sq. .`t. standa_d 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 :tall 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
and 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
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
Proposed Building Area
Lot Coverage of Building
Parking Required
1 stall per 15 sq. ft. customer area
598 s.f. -. 15 . 40 stalls
20,098 ! sq. ft.
9-1 Limited Business
8-1 with C.U.P. for
fast food restaurant
1600 t sq. ft.
7.964
40
Parking Proposed
• 27
(variance)
std. stalls 9' x 18' - 25
handicap per ADA stds. _2
total 27
Zoning Standards
minimum lot area
• 20,000
sq. ft.
_iinimum lot width
• 120
ft.
Minimum Yard Setbacks
Front
• 30
ft.
Side
• 15
ft.
Rear
• 30
ft.
Parking /Drive Lanes
• 0
ft.
LEGAL DESCRIPTION
The southwesterly potion 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 c -urve 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.E.
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 /LANDS 'APE ARCHITECT
Westwood Professional Services, Inc.
14180 W. 78th Street, Suite 220
Eden Prairie, MN 55344
Phone: 937 -5150
RS" My *RE le - r
Applicant: Davann, In
Address• 1420 Mallard
'®'
�r
= J J
P1Di
Phone: 448 -5710
Phone: 66A -s7in
Phone: -------
Phone• 447 -2101
Existing use Eden Prairie, MN 55344
Of Property: Vacant Present Zoning: B -1
Legal Description
of Variance Site: see attached description
Variance Requested: _Buildinld setback variance from 50 fear rn 76.95 faer
(see attached narrative)
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes _ __ No
What was requested:
When: Disposition:
Describe the type of improvements proposed: site plan approval for a free - standing
subway restaurant.
SQBMSSION EE P114ENTS
GUCompleted application form. (B)Filing fee. (C)Property Survey indicating the
Proposed development in relation to property lines and/or ordinary-high-water mark;
Proposed building elevations and jrainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID) - (F)Deed restrictions or private covenants, if applicable. (C)A parcel map
at 1•-20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SBALL BE ACCEPTED AND REVIEWED BY THE PLANNING COWUSSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. /,J A /,7
Applicants Signature
Submitted this day of 1a
Fee Owners Signature
TE1S SPACE IS TO BE FILLED OUT BY THE PLANNING DIRB TOR
PLAN NING COMISSION APPF40M • p1 •P, DATE OF HE ARING
= COUNCIL APPEAL APPROVED DENIED UM OF HEARING
CONDITIONS:
Signature of the Planning Director Date
09 15 92 10:10 FAS 912 147 1215 CIIT PRIOR LAM
OF PRIOR LAID;
A?PLICATION FOR VARIANCE
Arnliranr•. Davann, Inc.
Property
Addrrs:
Type of
14180 W. 78th Street, S
Existing Use Eden Prairie, MN 55344
of Property: Vacant
Legal Description
of Variance Site: see attached decent nrion
Variance Requested. reduction in narki no frnm
PD7i
Phone, 4 -
phone: 448 -5710
at,m,a, - - --
zoning-
demonstrated need of 27 _
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yas _&.,
What ryas requested-
Describe the type Of improvements proposed: site plan approval for a free - standing
Sub way restaurant. --
s�aainaivav ltmxx,�•*•�nts
lA)Cwsplete8 application form. (B)Filirq fee. (C)Prcperty Survey indicating the
proposed development in relation to property lines and/or ordinary -high- water mark,
proposed building elevations and drainage plan. ())Certified fray abstract Firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description i Property Identification Number
(PM). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 "-20'-50' showing: The .sits development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY CCMYLETE APPLICATIONS SHALL BE ACCEPTED AND REVI3W BY THE PLAIII M CaoasSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior take Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the ordinance.
19
i
1 da
Submitted this � y of
, Applicants gnature
r
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY TEE PLAN= DIFB=OR
DATE OP HEARING
DATE OF SEX=
� 003
Signature of the Planning Director Date
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 - 85 feet, measured from the centerline of the
(Duluth Avenue S.E.) 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.
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 un_que
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.
:c
i
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Residenti:: 1
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' AND DOUBLE FACE SIGNS FOR POLE MOUNT OR BUILDING WALLS
.:ogle and double face signs feature tough, durable faces
coed of polycarbonate with embossed copy in brown, yellow, and
.. lade- resistant enamels. Rugged extruded aluminum case is painted a
rich duron:¢ is brown. Brilliant illumination is provided by a high output
fluorescent lighting system. Single face models furnished with wall -
mounting clips. Center pole signs come complete with snatching plates
...poles not included,bul available.
2' x 8' sign — illuminated by two (2) %" lamps
Model 285 — single face
Model 28C— Double face, center pole
2'6` x 10' sign — illuminated by four (4) 60" lamps
Model 26105 — Single face
Model 2610C— Double face, center pole
3' z 12' sign — illuminated by six (6) 72" lamps
Model 3125 — Single face
Model 312C— Double face, center pole
4 x 16' sign — illuminated by eight (8) %" lamps
Model 4165 — Single face
: Model 416C— Double face, center pole
':SUBWAY"
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5'x 20' sign — illuminated by twenty (20) 60" lamps
Model 520S—Single face
Model 520C— Double face, center pole
Model D2025
Double face illuminated center pole
directional sign with thermoformed
polycarbonate faces decorated in yellow on
a brown background. Sign case is of
extruded aluminum painted duronodic
brown and hinged for easy access.
Illuminated by one (1t 24" high output
fluorescent lamp. Complete with 3 x 3 - steel
pole to install 3'2" above grade. Available
with the following copy choices:
DRIVE THRU with arrow
ENTER with avow
EXIT ONLY
RIGHT TURN ONLY
LEFT TURN ONLY
THANK YOU
DO NOT FNTER
Model DTM36 _...
3' x 6' single face illuminated drive thru menu sign with built-in communication
system. installs 28" above grade on two (2) steel poles with decorative aluminum
covers. Sturdy extruded aluminum housing. Housing and pole covers painted
duronodic brown.Leh and right panels accommodate menu /price transparencies.
Center panel accommodates pictorial transparency and speaker. Transparencies
are protected by clear polycarbonate covers. Illuminated by two (2) 72" high
output fluorescent lamps. (Transparencies and speaker provided by others.)
OUTDOOR DIREC r ZONAL AND DRIVE THRU MENU SIGNS
TURNKEY ... a convenient service to provide
professional installation of your signs.
We have assigned all responsibility for our sign program to a single supplier. We have dumped buck passing.',
manufactures all units complete... conforms to UL standards and applies approval labels... arranges delivery of
site... provides installation.
Turnkey means everything ready to flip the on switch!
It includes:
LEGAL... permits applied for and seared to conform to pertinent zoning and ordinance requirements._.befor
are shipped to site.
CO- ORDINATION... signs are on the site when the building is ready ... one not waiting for the other.
INSTALLATION ... in position... by professionals... to permit and precise engineering standards... connected to
electrical service (provided by others) ... ready to advertise.
TURNKEY... hands sign problems to the signman... who's qualified and prepared to solve them.
HERE'S HOW TURNKEY WILL :YORK! I
If you do not want the responsibility of contracting with a local sign installer, call Dualite, Inc. (513)
724 -7101. Dualite manufacturers all of the signs described in this brochure and their Turnkey Division will
arrange to have your sign professionally installed by a reputable, skilled installer.
All signs pictured in this broch. re arc Underwaters'Laboratorfes approved and carry UL and Unlo.: labels.
—WARRANTY—
All signs are guaranteed for one year from date of shipment. During that time we will replace dereaive parts (except lamps).
Our guarantee does not include transportation charges to or from our factories.
The cost of necessary repairs will be paid by us provided prior, specific authorization has been secured from our
headquarters in Williamsburg. Labor on new signs shall carry a 60 day warranty.
We guarantee safe arrival to destination, when shipped from our factories or warehouse. Shipments should be inspected for damage immediately upon
arrival. If damage has occurred, consignee should forward . us a copy of the freight bill with a notation of damage thereon and an inspection report it m
the carrier. Upon receipt of these documents, we will repair or replace shipment and file claim with carrier for cost of repair or replacement.
TO: PLANNING CCOMMISSIONERS
FROM: HORST GRASER, DIRECTOR OF PLANNING
DATE: JANUARY 29, 1993
Please be advised that the Conditional Use and variance staff
reports for the Subway application will follow at a later date.