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HomeMy WebLinkAbout8A - Nielson Cond. Use Permit AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8A HORST W. GRASER, DIRECTOR OF PLANNING STEVE NIELSEN-CONDITIONAL USE PERMIT J U L Y 5, 1 994 The applicant, Steve Nielsen, has applied for a conditional use permit to operate a fast food (Taco Hut) establishment in the B-2 zoning district and a variance from the required 70 parking stalls to 35. The applicant and his consultants appeared before the Planning Commission on 6/16/94 to present a strip mall development concept consisting of an 8606 square foot building on the vacant lot adjacent to the intersection of Pleasant Street and Walker Avenue. (See attached staff report for details.) The subject site is vacant and consists of .84 acres with both public sewer and water available. The Planning Commission discussed the applications and made the following findings: The proposed conditional use generally complies with the established character of the B-2 district; 2 The exterior finish materials be consistent with the city code requirements; 3 Adequate protection be afforded people using the exterior door on the north side of the building; 4 Proper security lighting be installed; 5 Screening be provided along the west side of subject site; 6 Explore the potential for upgrading the existing sewer line immediately adjacent to the west of the subject site; 7 The driveway to Pleasant Street be relocated 10 feet to the east; 8 Overstory trees be introduced in the landscape plan; 9 The parking areas be redesigned to account for vehicular overhang; 4629 Dakota St. S.E., Prior Lake, Minnesota 553?~-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPCRTUNITY EMPLOYER .. .... .............- "". - ..-.......~..~.~--"..._- DISCUSSION: 10 It was suggested that employee parking be to the west of the building; 11 The number of parking stalls was the principle focus of discussion. A number of suggestions were made for purposes of improving internal circulation and additional parking stalls. After considerable discussion the Planning Commission concurred that a two way internal circulation pattern with 90 degree parking was the most efficient plan. However the Planning Commission directed the applicant explore additional parking concepts including angle parking to increase the number of stalls and safety. The Planning Commission moved to recommend the approval of the Conditional Use to the council and granted the variance from the required 70 parking stalls to 35. The following two motions were taken verbatim from the draft minutes of the Planning Commission meeting of 6/16/94. MOTION BY VONHOF, SECOND BY ROSETH TO APPROVE A CONDITIONAL USE PERMIT BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIATE SCREENING ON THE WEST SIDE, EXTERIOR BUILDING MATERIAL ON WEST AND NORTH SIDE OF THE BUILDING BE OF AN ACCEPTABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2, ENTRANCE AND EXIT DRIVEWAY LOCATED ON PLEASANT STREET BE MOVED APPROXIMATELY 10 FEET TO THE EAST, ADDITIONAL TALL TREES BE PLACED IN THE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABLISHED AROUND THE NORTH AND WEST PORTION OF THE BUILDING AND BE APPROPRIATELY SIGNED, AND APPLICANT IS TO CONSIDER ANGLE PARKING. Vote taken signified ayes by Vonhof, Roseth, Arnold, Kuykendall, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM THE ZONING ORDINANCE, SECTION 6.5 TO ALLOW THE APPLICANT TO PROVIDE 35 INSTEAD OF THE REQUIRED 70 PARKING STALLS ON SITE. Vote taken signified ayes by Roseth, Vonhof, Loftus, Arnold, and Loftus. MOTION CARRIED. At the request of the Planning Commission the applicant has developed three alternative traffic flow and parking plans, labeled ALT 1, ALT 2 and ALT 3, and attached for your review. ALT 1 is similar to the original but provides for 3 additional stalls by redesigning the Walker Avenue entry. I believe this design is better than the original plan. It provides for one shared access with the liquor and hardware store, versus two originally which is less confusing and safer. And most importantly it provides three additional stalls for a total of 38. ALT's 2 and 3 feet are a one way traffic flow pattern with angle parking which reduces the overall number of stalls from 35 to 30 and 31 respectively. To my knowledge there are no apparent reasons to force all traffic to the Walker entry. A one way traffic pattern is difficult to enforce and more importantly reduces the parking availability. -2- ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: The applicant has addressed all the conditions of the Planning Commission motion both in written text (items # 15 - 18 in attached letter dated 6/23/94) and graphically on the revised plans dated 6/22/94. Two additional staff suggestions include a revision to the Building Shell Design plan that would specify concrete curb along the westerly edge of the site and the westerly radius at the Pleasant Street entry eliminated and be shown as a taper. A tapered curve would provide for safer traffic movement and additional open space for plant material. Approve the conditional use permit as recommended per Planning Commission motion. Also approve the traffic flow pattern in ALT 1 and require the revision of the ALT 1 plan to show a tapered curve for the western curve of the Pleasant Street entry and require the rolled bituminous edge be replaced with a concrete curb. (It is not necessary to approve the variance since the Planning Commission has already done so.) Continue the hearing for specific facts or data. 2 3 Deny the application. Alternative number 1. Motion to approve the Conditional Use Permit for Steve Nielsen subject to the items and conditi.ons outii . d in alternative 1 above. rI ~ ~ I , { -3- '.' '.-. ,._--~-~,,,"----_...-_. INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: I HORST GRASER, DIRECTOR OF PLANNING B,:,.BRUCE LONEY, ASSISTANT CITY ENGINEER " CONDITIONAL USE PERMIT/SITE PLAN FOR STEVE NIELSEN JUNE 29, 1994 The following comments are from the Engineering Department with regard to the revised site plan for the Prior Lake commercial development for Steve Nielsen. The previous memo regarding the site plan review was dated June 8, 1994. 1. The present site plan shows a rolled bituminous edge along the west side of the proposed drive through and building area. The Landscape Ordinance requires sites and parking lots of this nature to have concrete curb and gutter. Per Horst Graser the Landscape Ordinance does not apply in this downtown district. The concrete curb and gutter is generally preferred over rolled bituminous curb. 2. At the entry way or access to Pleasant Street the northwest radius edge from the drive through parking lot area to the access driveway should be a taper transition versus a sharp radius edge to channel traffic from the drive through lane to the access driveway onto Pleasant Street. 3. After review of all the alternatives, it appears that alternative number 1 with the location of the driveway to Walker Avenue being located further to the north is a better design and provides less confusion to the motoring public. 4. The applicant is showing an existing 30' sanitary sewer easement. This easement needs to be verified if it exists or has been recorded in order for the applicant hook up to sanitary sewer in this area. This concludes the Engineering comments for this revised site plan. If you have any questions on this, please contact me in my office. IJMI_M64.E:'IG 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. ~ ". 717 THIRD AVENUE SOUTHEAST ROCHESTER, MINNESOTA 55904 (507) 288-6464 FAX (507) 288-5058 June 23, 1994 Y AGGY COLBY ASSOCIATES Mr. Horst Graser, City Planner City Hall 4629 Dakota Street SE Prior Lake, MN 55372-1714 ENGINEERS . ARCHITECTS SURVEYORS . PLANNERS LANDSCAPE ARCHITECTS RE: Proposed Commercial Center Steve Nielsen Property Pleasant Street and Highway 13 Dear Horst: With Planning Commission approval of the parking variance and recommendation for approval of the conditional use, the above project is apparently very close to being approved by the city of Prior Lake. During the staff and Planning Commission review process, several conditions or clarifications have been requested. The following list summarizes the items that have been revised on the enclosed site plan, revised date 6/20/94. Other requirements will be revised and resubmitted as requested. Items from the June 8, 1994 interoffice memorandum by Bruce Loney, assistant city engineer (copy enclosed): Items # 1-4: All utility information and required permits will be field verified by the general contractor. This information will be submitted by the design/build plumbing contractor for city review, approval and permits. Item #5: Refer to the revised site plan Al for relocation of drive to 10' east of west property line. Item #6: Concrete driveway approaches will conform to MN/DOT STD Plate #7035J as required. Item #7: A bituminous edge barrier has been provided along the west property line to identify the site boundary. Since a screen fence and trash enclosure is also located along this boundary, no apparent function exists for a concrete curb and gutter. The north driveway, as reviewed with the Planning Commission, is intended to allow traffic to use the entire width, with striping to define the drive-up lane. Item #8: Enclosed please find a copy of detail 16/All which applies at the concrete wall/curb detail. A standard MN/DOT B618 curb and gutter is planned at these conditions. 215 NORTH ADAMS MASON CITY, IOWA 50401 (515) 424-6344 FAX (515) 424-0351 EQUAL OPPORTUNITY EMPLOYER Mr. Horst Graser June 23, 1994 Page 2 Item #9: A detail for the concrete spillway will be provided for city approval. Item #10: The islands previously planned as bark mulch fill or sod have been revised to be "stamped concrete" as requested. Item # 11: The contractor will be responsible for a construction site erosion plan to be approved by the city. Item #12: Reduced parking requirement has been approved by the Planning Commission. Item #13: Please advise how you would like to have city right-of-way verified? The certified survey indicates the information we believe is accurate. Item # 14: Landscaping has been designed to minimize sight line problems, with low growing bushes specified. The following items were discussion issues and conditions requested by the Planning Commission on June 16, 1994: Item # 15: Additional ornamental trees such as flowering crabs or honey locusts will be provided along the south and west property line after the site plan layout has finally been approved. Item #16: A 6' high wood screen fence will be provided along the west line adjacent to the residential use. Refer to revised site plan dated 6/20/94 for location. If, or when, this residential use is removed, the applicant assumes his/her right to delete or remove the screen fence. Item #17: The north and west building faces will be revised to a painted "architectural concrete block" to comply with zoning requirements. A corduroy or ribbed face block will be used. Item #18: The Planning Commission requested a review of the traffic layout within the site, focusing on the use of a one-way circulation system from north to south. Enclosed you will find three alternate layouts to consider which address the issues. .... - Mr. Horst Graser June 23, 1994 Page 3 AIt. #1: This scheme provides for three additional spaces (total 38) by revising the northeast entry to be located at the comer of the property. The remainder of the layout is revised as requested by the city engineer's comments. AIt. #2: This is a 600 angled, one-way scheme which is five spaces less than AIt. #1. Please refer to the enclosed letter from Civil Engineer and Traffic Designer, Don Borcherding, P .E.. AIt. #3: This one-way design alternate provides only 31 cars, but does increase the potential landscape area adjacent to the building. Again, refer to Don Borcherding's letter. To summarize this issue, after another thorough review of the traffic flow of this site, the design team and the developer request approval of the original or AIt. # 1 as the recommended plan. Item #19: Signage requirements will be reviewed and city ordinance requirements will be maintained. Since separate permits are required, this will be resolved by the signage permit review process. Hopefully, Horst, the above information addresses the conditions and agreements that have been placed on this project. Please feel free to contact me if you need additional clarifications. Sincerely, CWC/sm Enclosures cc: Mr. Steve Nielsen Mr. Steve Dombrovski 60-3947 717 THIRD AVENUE SOUTHEAST ROCHESTER, MINNESOTA 5S904 (507) 288-6464 FAX (507) 288-5058 June 23, 1994 YAGGY COLBY ASSOCIATES ENGINEERS . ARCHITECTS SURVEYORS . PlANNERS lANDSCAPE ARCHITECTS Mr. Horst Graser, City Planner City Hall 4629 Dakota Street SE Prior Lake, MN 55372-1714. RE: Traffic Flow and Parking Prior Lake Commercial Dear Mr. Graser: After review of parking Alternate Layouts #1, 2 and 3 for the above project, the following comments are offered. The number of parking stalls with diagonal parking on Alternates #2 and 3 are less than the original plan. Alternate # 1, which uses the common drive past the liquor store, does pick up three additional stalls. Alternates #2 and 3 propose a one-way traffic pattern, which would force all traffic to use Pleasant Street and Walker Avenue as part of the traffic circulation for the site. This would increase left turning movements from Pleasant Street to Walker Avenue causing more conflicts in this intersection. Additionally, the location of the site entrance at the northeast comer would .increase the traffic flow around the north side of the adjacent center, thereby creating potential conflicts at that point. The original two-way traffic pattern would provide easier access and keep internal circulation within the site on a more normal or predictable basis. Ifproperly signed, the one-way drive-thru window lane does not appear to conflict with the two-way design. In conclusion, if the goal is ease of use, maximum parking and keeping the internal circulation off city streets, then I would recommend the original two-way pattern or the Alternate # 1. Sincerely, Y AGGY COLBY ASSOCIATES no) t ~nar. 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I- If) I- ~ If) <:( Ul -I lL .. ~ n 'i n i! 1'1~~ ;hp 'U'. h~' \ ,R~h .\ J ' ,,' \I' \I' \I' , . \I' \I \II 1\' " " \I' \I' " \ '. 06/;4/~4 10:41 . . ~t! 612 447 4245 eln' PRIOR L.ucE 141007 J~N 14 '94 11:39AM TO: FROM: SUBJECT: DATE: -- INTEROFFICE MEl\fORANDUM , I' [1: HORST GRASER, DIRECTOR OF PLANNING BRUCE LONEY, .ASSIST~'"T CITY ENGINEER '" 'CONDITIONAL USE PERMIT/SITE PL.AN FOR STEVE NIELSEN JUNE 8, 1994 i The following comments are from the Engineering Department review: of the above referenced site: Sheet'No. CI 1.) 2.) 3.) 4.) Sheet No. Al - - I The existing 6" watermain service needs to be shown. Also sanitary sewer and watermain connections to future- building should.be shown. A Minnesota. Department of Health permit is required for extending a 6" water service. I - I ; ! Additional hydrants may be required by the Building Department. , ,/ - I The sanitary sewer line does exist on Lot 1 and 2, Block I, Cates - I Addition, however, the sanitary sewer easement is not recorded per Scott County Recorder's Office. The sewer line has beeni in place for approximately 30 years and this site needs to connect to this line. 5.) The driveway to Pleasant Street is too close to the existing hydrant. Also this driveway is locnted l' from the property line. ~his location may result in two driveways with little separation. Sittce Pleasant Street is a Municipal State Aid Street, a minimum dista~ce between driveways is required and would be at least 20' from edge to edge separation. I '. ,i 6.) Concrete approach for driveways should conform to M:nDOT Standard Plate No. 7035J for commercial driveways. " . 7.) Concrete curb and gutter should be used along the westerly side of the site through the drive through area. Also along the nortl?- side of the site to prevent cars from traveling to the adjacent parking lot pavement. ! I I I , 4629 Dakota St. S.E., Prior Lake, Minnesota 553i2-1714 / Ph. (612) 447-4230 / Fax.(612) 447-4245 AN EQUAl.. O?PORTUNrIY E.V..?LOYE Q6/1V94 10:42 F.U 612 447 4245 CITY PRIOR L-\KE ~UUI:S J~N 14 '94 11:40AM to exit on County Road 21 to Main Avenue and then have the option of using either Walker Avenue or Pleasant Street to the site. As traffic to County Road 21 increases changes to the intersection with Main Avenue will likely be required for purposes of safety. A worst case scenario would close this intersection or severely restrict access to Main Avenue. The adjacent uses to the west include a single family home, radiator shop and bar. The single family home and radiator shop are under single ownership. These properties are being used for a residential (a legal non-conforming use) auto repair and used car lot. These buildings are quite old which would indicate a possible remodeling or redevelopment effort in the future. The uses to the north include retail and professional service. These uses and traffic are organized based on a strip mall concept. Although there are several owners and lots with cross easements for traffic continuity it all appears to function well. The objective of this site plan should be to recognize the existing organization of vehicular and pedestrian traffic and uses, and assimilate this development without causing a hardship to adjoining uses and the overall retail potential of block bordered by Pleasant Street, Main and Walker Avenue and County Road 21. SITE PLAN: The site plan reveals a building of 8,608 square feet with an orientation towards Pleasant Street and Walker Avenue. A fast food restaurant features a drive through around the north and west side of the building. Both a direct land access from Pleasant and Walker is indicated. The access to Pleasant is a 24 foot driveway located on the side property line of the site. This may produce a hardship for driveway separation to the adjoining property when redevelopment occurs ~see attached memorandum from Bruce Loney). Since the adjoining property is used as residential, screening is required (see Section 6.11 M) for about half of the west property line. The access from Walker is a 24 foot driveway that allows easy access to the parking lot and dlive though. A median island between the Viking Liquor parking lot and the subject parking increases safety by reducing confusion on providing vehicular organization. The parking plan consists of 35 spaces. the majority of which are in front of the building. For stalls 1-10 and 31-34 the vehicle overhang in not accounted for. There should be a minimum of 5 feet between the face of the curb and the property line to accommodate the vehicle overhangs. The median adjacent to stalls 1-10 should be finished with pavers or stamped concrete which is a low maintenance item versus sod which will die and eventually succumb to weeds and dirt. Concrete curb is indicated throughout the development except along the west property line where rolled bituminous edge is specified. The bituminous edge should be ungraded to concrete with a 4-5 foot setback to provide an opportunity for screening or plant material. A 3 foot concrete sidewalk should be provided adjacent to the north side of the building to protect people using the entrance in the middle of the building. Mandatory landscaping is not required in the district however, the Planning Commission may require landscaping as a component of the conditional use pelmit. The site is intensively used which leaves few opportunities for landscaping. The plan suggests all understory with no tree cover anywhere on the site. Perhaps the plan should feature some shade or omamental trees. Paver or stamped colored concrete should replace sod in high maintenance areas. The attached sign plan shows 5 wall signs totalling 280 square feet 056 square feet pelmitted). The free standing sign is 22 feet in height (20 feet is permitted), and the maximum free standing sign square footage as shown is 92 square feet (75 square feet is permitted). CONDITIONAL USE: The conditional use is for a fast food (Taco Hut) restaurant consisting of 2.054 gross square foot and 645 net square feet for purposes of determining parking. The conditional use would occupy about 23% of the proposed building. The conditional use features a drive though pick-up window with 5 vehicle stacking opportunity. Taco Hut has indicated that 5 vehicle stacking is adequate according to their needs. Taco Hut expects about 200 transactions a day. 60 of which will be drive through transactions. The criteria and performance standards for evaluating conditional uses is found in section 7.5 paragraphs C & D respectively. CRITERIA FOR APPROVAL: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The downtown district has a wide range of permitted and conditional uses. Without a specific community development plan in this district it would be difficult to argue that the proposed use does not fit into the established character of this district. The:: LiSe:: howe::ve::r requires 43 parking spaces of which only 8 are provided. The applicant has submitted in his written submittal a comparison of other communities. There appears to be a consensus that Prior Lake Ordinance is restrictive. With the exception of Lakeville, other communities surveyed require from 16 to 26 stalls for the same Lise. The applicant has filed a variance in conjunction with his conditional use. However, eight stalls is about half of what other surveyed communities require. If the variance is not granted, the building size needs to be reduced substantially or the uses changed. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other propelty or persons, and shall comply with the performance standards listed below. There are no components of this use that will affect adjacent uses or people in a negative way. The use will comply with the performance standards found in paragraph 0 of Section 7.5 3. The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. The site plan should be amended in the areas discussed previously in this report to produce a harmonious relationship and avoid hardship adjoining propenies. 4. The proposed use shall produce a total visual impression and environment which IS consistent with the environment of the neighborhood. The exterior finish material of the one story building consists of an off white StllCCO that is consistent with the center to the north. The height of the building was designed to also provide continuity with the center to the north. the nonh and west sides of the building will consist of painted block which is not an acceptable exterior finish material (Code Section 4.7.2), however, architectural block is. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. The access to Pleasant Street should be moved easterly to avoid a hardship to the adjoining property. The site plan should be amended to show adequate space for vehicle overhangs. . - 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The conditional use appears to exceed reasonable parking objectives even if the parking standards of other surveyed communities are applied. The applicant should consider another use or perhaps reduce the size of the building. The comprehensive plan is non specific and is of little value in evaluating this site specific application. A prudent and reasonable objective for this district is to develop vacant sites to the highest protential realizing a downtown development plan does not exist but encourage land use relationships that will not be detrimental but rather support the district and those circumstances where shared conditions exist. 7. This criteria is not applicable in this case. ALTERNATIVES: 1. Approve the Condition Use and Variances. 2. Continue the hearing with specific directives or re4uest for additional data. 3. Deny the conditional use permit. RECOMMENDATION: Depends on Planning Commission discussion. CITY OF PRIOR LAKE APPLICATION PUR ~ wS1..-/8 PID# 25-147-003-0 25-147-003-1 Bame Phone: 447-65q1 Work Phone: 867-5553 Heme Phone: ~rk Phone: Purchase Agreement Phone: 681-9040 (Metro) Applicant: Mr. Steve Nielsen Address: 5788 150th St. Prior Lake. MN 55372 Property Owner: Same as above Address: Type of o..mership: Fee X Contract Consultant/Contractor: Ya22V Colbv Associates Existing Use of Property: Vacant Present Zoning: B-2 '. Legal Description of Variance Site: Lot 3, Block 1 and Outlot B, Lan~horst First Addition Variance Requested: A variance to allow 35 parking stalls instead of the required 70 parkin~ stalls as identified in the Zoning Ordinance. Has the applicant previously sought to plat, rezone, obtain a variance or conditional use petmit on the subject site or any part of it? Yes x N:) What was requested: When: Disposition: Describe the type of tmpr~ements proposed: The variance is requested in con;unction with a conditional use permit for a fast food restaurant on the site &JBMISSION REDUIREMENI'S: (A)Canpleted application foen. (B)Filing fee. (C)Property SUrvey indicating the prop:>sed developnent in relation to property lines and/or ordinaJ:y-high-water mark; prop:>sed building elevations and drainage plan. (D)Certified fran abstract finn, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap at 111-20 '-50' shewing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ON:.Y COMPLETE APPLIO\TIONS SHAIL BE AC~J.'m AND REVIEWED BY THE I'LANNIN; cc:!o!MISSION. To the best of my knowledge the information presented on t"'fform is correct. In addition, I have read Section 7.6 of the Prior Lak Zonin rdinance which specifies requirenel"lts for variance procedures. I agree to ide tion and follow the procedures as outlined in the Ordinance. Appli S~ ature SUbmitted this 5tlClay of June 1994 Same Fee Owners Signature THIS SPACE IS 'lO BE FILLID OUT BY THE PLANNDt; DIRECI'OR PLANNDt; a:Jr1MISSION CITY comDL APPEAL APPROVED APPROVED DENIED DENIm DATE OF HE'.ARnC rATE OF HE'ARD'G <DNDITIONS: Date Signature of the Planning Director "" "'"~"''''''''~.M''"''='_"'-''''''''''_''''_''.''''~''__'''.~~"_--''''''.'^__''.",.....,.._'""...~_____~ . V , -- - APR,ImTION FOR CDNDITIONM. USE PE!MIT ~j{:f4iq{j1 ~5- (47-60 3-0 .- - '. Bane Prone: 447-6541 'M:>rk Phone: %7-5553 Bane Phone: 'M:>rk Phone: Phone: 681-9040 (metro) Applicant: Mr. Steve Nielsen Address: 5788 150th St, Prior Lake, MN Property CNner: Same as above Address: Consultant: Yaggy Colby Associates Address: 717 Third Avenue SEe Rochester. MN SSQ04 Proposed Conditional Use Address: Legal Description: Lot 3; Block 1 and Outlot B. Langhnrc;t First Addition Existing Use of Property: Vacant Property kreage: .848 Acres + Present Zoning: B-2 Community Business Z. d . . d oncf Tlttt: 0 H t fA'f:.-t- F~d2.. ~ ~, Conditional Use ~ing Requested: To allow a rlve-u Wln ow )- "_M~ti ,MsfO..u,.Q~ ") Deed Restrictions: _~ X Yes If 50, please attach. (access easement shown on surve: Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: X ~ Yes Request: When: &JBMISSION REOUIREMENl'S: (A) Completed application form. (B) Complete legal description and parcel identification nurrj::)er (pm). (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)Additional infornation 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, proFQsed 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 fran abstract firm the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. ONLY COMPL~ APPLI01TIONS SHALL BE REVIEWED BY THE PLANNIl'G ro1MISSION. To the best of IIlf knowledge the information presented on this form is correct. In have read Section 7.5 of the Zoning Ordinance which specifies the agree to provide information and follow the .s: II ---'1 '1 Date ~-II-c,Y Date THIS SEX:TION 'ID BE FILLED OUT BY THE PLANNIl'G DIREX:'IDR APPROlED APPROlED DENIED DENIED Jll\TE OF HFARIl'G Jll\TE OF HFARIm PLANN]N; CDMMISSION CITY COUOCIL CDNDITIONS: __ _~ L'__ T"'\.,.................:__ 1""'\.:"..-......+............. ~tF> 'CU04PW NOTICE OF HEARING FOR CONDITIONAL USE AND VARIANCE You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: THURSDAY, JUNE 16, 1994 AT 9:00 P.M. APPLICANT: Mr. Steve Nielsen 5788 150th Street, Prior Lake SUBJECT SITE: Lot 1, and Outlot B, Langhorst First Addn. The vacant lot located north of Pleasant Street, south of Viking Liquor Store and west of S.T.H. 13. REQUEST: The applicant proposes to construct a new commercial building as per attached survey reduction. The building is proposed to contain two retail spaces and one fast food restaurant. The property is located within a B-2, Community Business Zoning District. The Zoning Ordinance specifies that a fast food restaurant requires a conditional use permit be approved by the City in order to be constructed as proposed. In addition, Zoning Ordinance. Section 6.5 specifies the number of Offstreet Parking Spaces re4uired for the fast food and retail operations. The applicant requests a variance from Section 6.5 to install 35 parking spaces instead of the required 70 parking spaces. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. Questions related to this healing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of R:OO a.m, and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed:Wednesday, June 8, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER z o i= < u o ....I W ..... Vi I.Li V) l- V) J: .1- e "" po> 11'1111 :- G ~ 5 ~Ii eUII'- ~~II VJD9NW '3)IVl 1IOnId (.j ....J \j ~. ~ lN3Wd013i\3Cl ~ 3)IY1 1IOnId ~ 8 ~ In ~ _ ,c I NQIS3a 113HS !:>NIG1Ina umJJ I~<] <Xl co .0 . vI .J ,.. ~ r. ------lIlli;I=,&~:.--- --. ~~ dt____;~~L--~. -'-"---'---f:~.!!.-._'---' r..-------..-!~m a~_ 6 1li : ih~' ~~llt.. ., . I ~h~,. t:I'I~ &h ~l 3;\'1 ~:DI1'1ITl o "s~ .Vlf Rt " i UI'o ~~I t= ,.i g ~ ! ~i~.'.'-'~_ ~- ~ ~!. . I . i II ~ \ ~ I "' I l- ;~;;;-t. ..... I:;...1t+ - fr - .... ':............... i _.Y:Mt-lmrr~' ----lil-~~~-J- i.........-. i ~ ! s si~f i~~ ~1 : j S II. SIJr i5! II ! '; \) " \l !i It.. 3~M ~l.. ~ . i,j~i! !!ph trpla -,,:.oj ~o~~f :i~~~t d~!~ \ \ \ IJ h i *~; lii~ ~ .2 I I! ~io ; I 1;1 'Ii ti=. ~; i q!j ,I ~ I! if, u. ! a '1; a I! 9.- ~ J I ~i ; ~ i!~ I 6 -~l ~ :1 p;; ( 01 ~ IXi %1' . i ~!! !'! l< ,.... 0) .J l~ . " S- -". .i " Sa ",'V, " --"( it ., h 2~ I' ~! .... S - ~ ;;~ ': I ' ~:' ... w ~ ... cO ... ~ cO .q: W ( _tilt ,~--'.'--] 1 .~n '" o o .... ... tI'l .. cO .. a> .----- ..,.;. 00 O.ZSg>l!"'-~OO~; ..... ..,. N001'tS OS'OS6 "1J 11001.:1 dOHSA008 t.\;;- INTEROFFICE MEMORANDUM DATE: HORST GRASER, DIRECTOR OF PLANNING nJ BRUCE LONEY, ASSISTANT CITY ENGINEER v: I CONDITIONAL USE PERMIT/SITE PLAN FOR STEVE NIELSEN JUNE 8,1994 TO: FROM: SUBJECT: The following comments are from the Engineering Department review of the above referenced site: Sheet No. CI 1.) The existing 6" watermain service needs to be shown. Also sanitary sewer and watermain connections to future building should be shown. 2.) A Minnesota Department of Health permit is required for extending a 6" water service. 3.) Additional hydrants may be required by the Building Department. / 4.) The sanitary sewer line does exist on Lot 1 and 2, Block 1, Cates Addition, however, the sanitary sewer easement is not recorded per Scott County Recorder's Office. The sewer line has been in place for approximately 30 years and this site needs to connect to this line. Sheet No. Al 5.) The driveway to Pleasant Street is too close to the existing hydrant. Also this driveway is located l' from the property line. This location may result in two driveways with little separation. Since Pleasant Street is a Municipal State Aid Street, a minimum distance between driveways is required and would be at least 20' from edge to edge separation. 6.) Concrete approach for driveways should conform to MnDOT Standard Plate No. 7035J for commercial driveways. 7.) Concrete curb and gutter should be used along the westerly side of the site through the drive through area. Also along the north side of the site to prevent cars from traveling to the adjacent parking lot pavement. 4629 Dakota St. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8.) Sheet No. All was not included in submittal and typical sections were referred to from Sheet AI. 9.) Concrete curb cut and concrete spillway detail for parking lot drainage should be shown on Sheet AI. 10.) On the east side of the parking lot, the median width between back of concrete curbs is only 2.5' and sod is being proposed for this area. This area should be stamped concrete or brick paver or other suitable low maintenance material. Also the width between parking lot curb and street curb is only 3' - 4' from face to face of curb. A wider separation of 5' between street and parking lot should be provided to accommodate the vehicle overhang and a safe clear zone. 11.) A construction site erosion control plan needs to be done for the site development. 12.) Justification for allowing a variance for the reduced number of parking stalls than required needs to be provided by the developer. 13.) Verification of City right of way needs to be done and also determination if drawings are correct. 14.) The landscaping should be done so as to not cause a sight distance problem at the driveway and street intersections. If you have any questions on this memorandum, please feel free to contact me. BMEM53.ENG \, :":"':i:.::~ .i::~\ :,\.- ., "'.\ , "~', I i.. I , ---- ----- ,,'. '.' I I , I "'\ ~~~~) r ....:~....,..:...._.... '~.' :.' .'. '.' i.' '.\'~ ,.~. - ~ ~. .'..'......".......: ......"""._'.. :..".......... . :,\"~....:. ,0 .\ ,'. .' . . , · .' ,:::;,..:.:i.... :.,...>. 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",~' -r: I I , " ;~"~;::=:;C~i \<'''''') ""--1 ~ ~\:f ~ ~~..._- .....~:~. ; l~ ':1 :c. r, ....,: .1: " ':: " ..... :.':: . , if i. !: , . ,...," ... "1; , .."."~""",. . .-.-.-..-..., .,,;'" ! . ", : r--- ',,_.,. ~ : (:'.~~:.""~# ~. j~---~_._..._.- ( - '--- ......... :_'. ... :'-:..;,::<~~~".~ ';t:~:t\~~:;;:,. it.:;'. , j~~\,. ......~ . -:.\.. -:-..-.........--. ,--, ,'::::':" )-::.::::::~~~:;...:......--.,.l- .~.._.._-_._..?~ 71 i THIRD ..WENL:E SOUTHEAST ROCHESTER, MIM"ESOTA 55904 (SOil 288-6464 FAX (50ii 288-5058 June 10, 1994 Y AGGY COLBY ASSOCIATES Mr. Horst Grazer, Planning Director City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372-1714 ENGINEERS . ARCHITECTS SURVEYORS . PLANNERS LANDSCAPE ARCHITECTS RE: Proposed Commercial Center Pleasant Street and Highway 13 Dear Horst: Enclosed you will tind the information you requested during our telephone conversation yesterday. Hopefully the information addresses the narrative points you wanted explained. Please give me a call if you have any questions. Sincerely, Y AGGY COLBY ASSOCIATES CWC/dlf Enclosure cc: Steve Dombrovski Steve Nielsen 60-3947 215 NORTH ADAMS MASON CITY, IOWA 50401 (515) 424-6344 FAX 15151 424-0351 EQUAL OPPORTUNITY EMPLOYER June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota A. PROJECT TEAM APPLICANTIDEVELOPER Mr. Steve Nielsen 5788 - 150th Street Prior Lake, MN 55372 Phone: 612-447-6541 LEASINGIDEVELOPMENT CONSULT ANT Mr. Steve Dombrovski Suntide Realty Services, Inc, International Centre 900 - 2nd Avenue South, Suite 490 Minneapolis,MN 55402 Phone: 612-333-3962 Fax: 612-333-6938 ARCHITECT/ENGlNEER/SURVEYOR Mr. Christopher W, Colby, AlA Yaggy Colby Associates 717 Third Avenue SE Rochester, MN 55904 Phone: 612-681-9040 (Metro) Fax: 507-288-5058 June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota B. DEVELOPMENT DATA Site Area Existing Zoning Proposed Zoning · 39,939 SF (.84 acres) · B-2 Community Business · B-2 with C.u.P. for fast food restaurant . 8,608 SF . 21.6% . 70 . 450 SF + 75 = 6 cars · 4,273 NSF + 200 = 21 cars · 645 NSF + 15 = 43 cars . 35 (variance) Proposed Building Area Lot Coverage of Building Parking Required Retail Space" A" Chinese Restaurant Retail Space "B" Main Avenue Video Retail Space "c" Taco Hut Parking Proposed Std. stalls 9' x 18' - 33 handicap per ADA stds.-1 total 35 Zoning Standards Minimum lot area Minimum lot width Minimum Yard Setbacks Front Side Rear ParkinglDrive Lanes · 20,000 sq. ft. · 120 ft. . 50 ft. . 0 ft. . 0 ft. . 0 ft, C. LEGAL DESCRIPTION Lot 3, Block 1, and Outlot 'H' Langhorst Ist addition, according to the plat thereof on file at the County Recorder's office, Scott County, Minnesota. 'T . r T" June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota D. REOUEST Submission is presented to the City of Prior Lake requesting revIew and approval of the following: 1. Site plan review for a 8,608 SF commercial building on a ,84 acre site at the northwesterly comer ofHwy 13 and Pleasant Street. 2. Conditional Use Permit for fast food restaurant within a B-2 (community business) zoning district. 3 . Variance from ordinance parking requirements. E. SITE DESCRIPTION The site is currently a vacant area. Topography is gradually sloped with a 5-6 foot elevation change over the site. Site surface water drainage currently flows from the northwest comer of the site (high point) into Pleasant Street to the south and MN Highway 13 to the east. Existing adjacent land uses are commercial to the north and west with a liquor store and a hardware store to the north and a bar, auto body shop and a single family residence to the west. The buildings to the west are in poor condition and have been identified by the city as a prime area for redevelopment. F. PROPOSAL The site is proposed to develop as an 8,608 sq. ft. strip mall with a 2,054 G.S.F. "Taco Hut" fast food restaurant, a 5,342 G.S.F. "Main Avenue Video Store" and a 1,125 G.S.F. Chinese sit down restaurant. The "Main Avenue Video Store" will be relocating to the proposed development from the small strip mall directly to the north of the proposed development. It is owned and operated by this project's developer, Mr. Steve Nielsen. The architecture is a one-story structure approximately 16 feet to 20 feet in height with a 100 feet by 90 feet foot print. The exterior will be off white stucco which will be complimentary in style, color and height to the existing shopping center to the immediate north. The back sides of the building (north and west) will be constructed of painted concrete block. The trash enclosure will also be concrete. block with wood gates to provide a compatible appearance. June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota Signage will include a pylon sign at the proposed northeast entrance into the parking lot with wall signs located along the east and south facades. A small drive-thru sign will guide customers to the order board and pick up windows to the proposed Taco Hut restaurant. All proposed signs will comply with the ordinance regarding size and height. Appropriate state and federal signage will be provided for the handicap parking. Exterior security lighting will be provided along the north and west exterior walls of the building with the appropriate cut-offs to limit off-site glare. No parking lot lighting is proposed. Landscaping is proposed to meet the landscape ordinance requirements for quantity of materials and appropriate level of screening. Shrub massings are used along Pleasant Street and Highway 13 to screen the parking area and under the pylon sign entry point and key visual locating 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. Taco Hut 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. Taco Hut indicates three minutes is the typical average for each transaction. Therefore five stalls is appropriate. Another scenario is that this proposed store is expected to have 200 transactions per day with 30% expected to be drive-thru. 200 x 30% 60 transactions drive-thru total expected drive-thru transactions per day 40 transactions expected for peak lunch period (11 :00 am - 1 :30 pm) 5 transactions expected for peak IS minute period If the last drive-thru space is filled, customers can continue to an open parking stall adjacent to the building. June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota G. CONDmONAL USE PERMIT The proposed use requires a conditional use permit within the B-2, community 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 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 proposed 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. June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota 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 undesirable odors generated from this use. 6. There are no air-borne pollutants produced. 7. Lighting will be controlled to avoid undesirable glare on adjacent property and roadways. 8. Erosion will be controlled during and after construction by appropriate methods (i.e.: erosion control fabric, landscaping, ground cover, rip-rap spillways, etc.). 9. The proposed use will conform to the water pollution standards of the Minnesota Pollution Control Agency. No unique water pollutants would be generated by this site and proposed use. H. VARIANCE REOUEST The current zoning ordinance requires that the proposed use provide 70 parking stalls. Based on the performance of other similar restaurants, this amount of parking is in excess of what is needed to operate at acceptable levels. Therefore, a variance is requested for 35 parking stalls. - - June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota Similar Use Comparison For the purpose of comparison we have used the same list of restaurant buildings as submitted by the Prior Lake Subway restaurant for a parking variance, These Subways are nearly identical to the Taco Hut use for comparison with 36-40 seats and drive-thru operations, All are functioning at acceptable levels with available parking. . Monticello, MN Fergus Falls, MN Mankato, MN New Prague, MN . 26 parking stalls 25 parking stalls 20 parking stalls 20 parking stalls . . . . . . Other Community Experience A number of Twin City area communities were also checked regarding how they determine parking needs. Of the 20 :t communities reviewed, a few also used Prior Lakes ratio of 1 stall per 15 sq. ft. of floor area. Definitions of floor area ranged from the seating/public counter area to the entire building. This ratio typically is listed for drive-in restaurants within most ordinances, meaning the older style, 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 645 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: 1 stall per 35 sq. ft. of seating/counter area 645 sq. ft. + 35 = SavagelChaska/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) 43 stalls . . 18 stalls 17 stalls June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota . St. Louis Park 1 stall per 2S sq. ft. seating/counter 645 sq. ft. + 25 = Champlin 1 stall per 75 sq. ft. gross floor 2054 sq. ft. + 75 = BlainelSt. Paul 1 stall per 100 sq. ft. floor 2054 sq. ft. + 100 = Bumsville 1 stall per 50 sq. ft. of usable floor area 1 stall per employee on largest shift 645 sq. ft. + 50 = 13 + 3 employees Plymouth 1 stall per 2.5 seats plus 1 stall per 15 sq. ft. counter area (not applicable) (50 seats + 2.5) 20 stalls 26 stalls . 27 stalls . 21 stalls . 16 stalls . The communities checked vary from 16-27 stalls for "fast-food" facilities. This compares directly to the 43 stalls required by the Prior Lake ordinance. The overall parking quantity that the proposed site is capable of accommodating is 35 spaces, per the site plan. It is the developers opinion that the proposed parking will be satisfactory to meet the requirements of this development. 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. - - June 10, 1994 Prior Lake Commercial Development Pleasant Street and Hwy 13 Prior Lake, Minnesota 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. 4. The variance is believed to be in the spirit and intent of this ordinance, produces substantial justice and is not contrary to public interest. 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I ~~ ~ ' ~! ~~g tn-30 -bL a> ~~~ t)~ I III ,:, :- >- >- ~ ci~ Ilul p~e II V.lOS3NNIW 13)IV1 1IOnId I~' ~ J lJCO<i~~ t" 1f1!1 ~ I,. ~ O~ h~ :,1: '~I I ~s~ ~a~ I,I~ ~ i, i, I' . ~ U < d~ ti Iii. I i I. . i I I i~ f A i ~ ql 'I .. , if f ;j If ,! i~ i ~ ~ iF. .; ., ~ ~I ~ ~ ~i ~~ i! . Iv ! I : l. . ~~ .'~ " ! ~!: > III iiI ~ ~ ; " cD .. -I -I ; ; - " II ~ UJ s---.., ~ .. I ~ L___..J .".J .~J ..-.. ---- i i ~ i ql ~~ ~ e i n h i~ ti s ~ - !~ u .: lH ~ -! ~s ~ I. ( cD '" , J i '-~'~~--'~........:.;,,,,...-.....-~-,--~ .. - I zt ,Q i V'l, /// Commissioner Arnold asked for clarification on the reason for continuing.thePublic Hearing, and advised the Commissioners that the Resolutions were explained in great de '. / M.r. Tauer asked what issues the Commissioners were cerned with, as delay would cause a hardship for the developer since he has been working on the s for over a year, tlrrough several changes in regulations dming that time resulting in plans that h redone. , SECOND BY LOFllJS, TO CONTINUE THE PUBUC HEARING TO y Kuykendall, Loftus, Amold. Roseth, and Vonhof. MOTION CARRIED. ess was called at 9:30 P.M. and the meeting was reconvened at 9:35 P.M. ITEMITI - CONDmONAL USE PERMIT AND VARIANCE - STEVE NIELSEN Christopher Colby of Yaggy Colby Associates, represented the applicant, Steve Nielsen. The proposal is for a 8,606 square foot snip mall which would have a fast food restaurant (faco Hut), Main Avenue VlCleo Store, and a sit-down Chinese restaurant. The site is located at the intersection of Pleasant Su'eet and Slli 13. The appearance of the proposed building would blend in with the building to the nOlth. ;it-. .' Horst Graser, Director of Planning, presented the infOlmation as per planning repo1t of J W1e 16, 1994. A conditional use pe1mit is requested to allow a fast food restaurant (Taco Hut) within the B-2 Community Business Zone, and a variance from the Zoning Ordinance, Section 6.5 to allow 35 parking stalls instead of the required 70 stalls. 111e subject site is in a premier location because it has good exposure to Slli 13 and is the only block left bordered by Slli 13. Traffic for the vmious uses would peak at different times, the movement is tight but it can be done. The architectmal design was done very well in keeping with the adjacent building to the n011h. . ,\. ,. Sewer and water does exist to the site and drainage has been addressed A screening and landscaping plan was submitted, although it is not required in the B-2 disnict The proposed use COnfOllTIS to the disnict's pe1mitted and conditional use provisions, and all general regulations of the ordinance. > Lm1)' Anderson, City Engineer, stated that Pleasant Su-eet is a State Aid Road and felt the driveway on the subject site and the adjacent driveway to the west should have a ten foot separation. Comments from the Commissioners were on: n01th door opening, exte1ior mate1ial, proposed lighting, west side sCl-eening, upgrade of existing sewer line, signage, pm"king spaces, 1-elocation of driveway, taller n"ees in landscaping plan, hoLU-s of operation, one-way traffic, 45-degi"ee angle pm"king, vehiculm" oved1ang, and employee pmicing. Steve Dombrovski, Development Consultant for the applicant, stated they would give an easement to the adjacent propelty to the west if the dIiveway could be left in its present location, provided there is a maintenance agreement with the prope1ty owner when it is developed. MOTION BY VONHOF, SECOND BY ROSElli TO APPROVE A CONDmONAL USE PERMIT BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIATE SCREENING ON THE WEST SIDE, EXTERIOR BUILDING MA1ERIAL ON WEST AND NORTH SIDE OF THE BUILDING BE OF AN ACCEPTABLE EXTERIOR FINISH AS PER CITY CODE SECTION 4.1.2, ENTRANCE AND EXIT DRIVEWAY LOCATED ON PLEASANT STREET BE MOVED APPROXIMATELY 10 FEET TO THE EAST, ADDmONAL TALL TREES BE PLACED IN THE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABUSHED AROUND 1HE NOR1l-I AND WEST POmON OF THE BUTI...DING AND BE APPROPRIATELY SIGNED. 'Discussion followed on angle parking, after which Commissioners Vonhof and Roseth withdrew the motion. Steve Oomtrovski stated they are not happy with one-way traffic design aroood the building. MOTION BY KUYKENDALL, SECOND BY LOFI1JS, TO CONTINUE TIIE CONDmONAL USE PERMIT AND VARIANCE REQUEST FOR Lar 1, AND OUTLOT B, LANGHORST FIRST AoomON 1D JULY 21, 1994, AND HAVE TIIE APPliCANT SUBwr A NEW PARKING PlAN AND ONE-WAYTRAFFlC FLOW PLAN. Vote taken signified ayes by Kuykendall and Loftus. Nays by Vonhof, Arnold and Roseth. MOTION FAILED. MOTION BY VONHOF, SECOND BY ROSElli TO APPROVE A CONDmONAL USE PERMIT BASED ON THE CRITERIA FOR APPROVAL, CONTINGENT ON APPROPRIA1E SCREENING ON TIIE WEST SIDE, EXIERIOR BUlLDING MAlERIAL ON WEST AND NORTH SIDE OF THE BUlLOING BE OF AN ACCEPTABLE EX1ERIOR FINISH AS PER CITY CODE SECI10N 4.1.2, ENTRANCE AND EXIT DRIVEWAY LOCATED ON PLEASANT STREET BE MOVED APPROXIMATELY 10 FEET TO TIIE EAST, ADOmONAL TAlL TREES BE PLACED IN TIIE LANDSCAPING PLAN AS AGREED TO BY STAFF, ONE-WAY DRIVE SYSTEM BE ESTABLISHED AROUND TIlE NORm AND WEST PORTION OF TIlE BUILDING AND BE APPROPRIA1ELY SIGNED, AND APPUCANT IS TO CONSIDER ANGLE PARKING. Vote taken signified ayes by Voohof, Roseth, Arnold, Kuykendall, and Loftus. MOTION CARRIED. MOTION BY ROSElli, SECOND BY VONHOF, TO APPROVE A VARIANCE FROM TIffi ZONING ORDINANCE, SECI10N 6.5 TO ALLOW TIIE APPUCANT TO PROVIDE 35 INS1EAD OF TIIE REQUIRED 70 PARKING STALLS ON SITE. Vote taken signified ayes by Roseth, Voohof, Loftus, Arnold, and Kuykendall. MOTION CARRIED. Greg Enge s, 4931 Beach Sn-eet NE, stated he is the owner of the property at 14588 Glendale and is l-equesting tw Yaliances in order to build a high quality home on a substandard lot If the codes were adhel-ed to, the pI sed home could not be built Mr: Engebos stated he also owns the adjacent lot to the nOlth side. Gina Mitchell, Associate er, presented the information as per the Planning Report of Jooe 16, 1994. The subject site is a vacant 56 feet wide by 140 feet deep. The subdivision was platted under the jUlisdiction of a pr-evious gov . g body. The variances requested are a 3 foot north side yard variance from the 10 foot side Yal'd setback uirement and a 5 foot south side yard Valiance from the 10 foot side yard setback requir-ement Ther-e have en no variances granted within the Oakland Beach 1st Ack:tition. Recorrurendation from S raff is to grant t 5 foot south side yard variance and deny the 3 foot nOlth side yard Valiance. Granting the valiances as requ ted would set a negative precedent Corrurems from the Commissioners were: too larg f a house for lot, substandard lot, redesign plan to fit lot, and in the past the Commission has granted a 5 foo ide yard variance to 50 foot lots, and on precedent set TIle applicant stated he would change the 3 foot north side yard v 'ance to a 2 foot variance. MOTION BY LOFI1JS, SECOND BY , TO APPROVE A ~ (2) FOOT NORTH SIDE YARD VARIANCE AND A AVE (5) FOOT SOlJIH SIDE YARD ~~CE FOR 14588 GLENDALE AVENUE SE, RATIONALE BEING THE LOT IS SUBSTANDARD ~PLATIED UNDER A PREVlOUSGOVERNNffiNT. '\ (/''/PLANNING COMMISSION ' Jun" 16. 1994 \,. Page 6 "~_:;;,,,",,",,,",..........,~,.,,.,",,"".._l"'...".''''.._''''''''''''._n~.'"~'__~_~_.. 1 T - -