HomeMy WebLinkAbout6 - Busse First Addition Preliminary Plat & CUP
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
6
HORST GRASER, DIRECTOR OF PLANNING
CONSIDER APPROVAL OF PRELIMINARY PLAT
BUSSE FIRST ADDITION, CONDITIONAL USE PERMIT
FOR A SUBWAY CONVENIENCE RESTAURANT, VARIANCE.
MARCH 1, 1993
The applicant Davann,Inc. and Bradley A. Busse
have petitioned the city of Prior Lake for a
subdivision review, conditional use permit to
construct a Subway convenience store and two
variance applications to facilitate the
construction of the store on Lot 1, Block 1,
Busse First Addition as proposed. The
subdivision request is being processed in
accordance with Section 6-3-2 of the
Subdivision Code, the standard subdivision
process. The conditional use permit is
processed in accordance with Section 7.5 of
the Zoning Code. The variances were approved
by the Planning commission in accordance with
Section 7.6 and will not require approval by
the City Council.
The subject site contains about 1.3 acres of
B-1 limited business zoned land and is located
adjacent to Jo-Anna Stepka's 2nd Addition
which is a single family neighborhood. Staff
met with Mr. Kopischke on several occasions to
discuss and recommend that the buildin~ design
be respectful of adjacent single famloly and
business uses.
The Planning Report (attached) suggests an
alternative driveway entry closer to the
intersection of STH. 13 and Duluth. City
Engineer Anderson was present at the 2-4-93
Planning Commission public hearing to discuss
his memorandum (attached) and traffic
movements relative to the subject property.
He recommended that the alternative access
would adversely affect traffic by resulting in
an unacceptable stackin~ distance for the 5TH
13 and Duluth intersect loon and poor ingress
and egress to the site.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
ALTERNATIVES:
RECOMMENDATION:
Several members of the audience entered
comments into the record which have been
incorporated into the minutes of the Planning
Commission meeting of 2-4-93 and are attached
for your review. Please note that the minutes
of the Planning Commission Public Hearing have
not been officially approved by the
commission.
The Planning commission examined the facts and
determined that Busse First Addition and
Conditional Use Permit are consistent with the
Prior Lake Subdivision Ordinance and
Comprehensive Plan and moved as follows:
MOTION BY LOFTUS, SECOND BY WUELLNER TO
APPROVE BUSSE FIRST ADDITION PLAT
SUBJECT TO ALTERNATIVES LISTED IN STAFF
RECOMMENDATION AS (1) AN EROSION CONTROL
PLAN SUBJECT TO THE APPROVAL OF THE CITY
ENGINEER; (2) THE RIGHT-OF-WAY FOR DULUTH
BE INCREASED BY 7 FEET FOR THE EASTERLY
152 FEET OF DULUTH AVENUE; (3) SEWER AND
WATER PLANS MUST BE SUBJECT TO THE
APPROVAL OF THE CITY ENGINEER; (4) THE
DIMENSIONS FOR LOT 1 BE ADJUSTED TO A
MINIMUM LOT SIZE OF 20,000 SQUARE FEET.
MOTION BY LOFTUS, SECOND BY WUELLNER TO
GRANT THE SUBWAY CONDITIONAL USE AND
VARIANCE IN PARCEL 1 TO INCLUDE A 15.05
FOOT SETBACK VARIANCE TO HWY. 13 AND 11
FOOT SETBACK FROM DULUTH AVENUE AND ALSO
THE CONDITIONAL USE INCLUDE A VARIANCE OF
PARKING SPACES BE REDUCED FROM 40 SPACES
TO 27 SPACES AND CONDITIONAL UPON WEEKDAY
HOURS CLOSING AT MIDNIGHT AND FRIDAY AND
SATURDAY HOURS CLOSING AT 1:00 A.M.
THE MOTION CARRIED 3:1; AYES LOFTUS, WUELLNER,
ROSETH, ARNOLD. NAYES; GREENFIELD.
The applicant has submitted
~reliminary plat satisfactorily
lotems 2 and 4.
a revised
addressing
1)
Approve the applications for subdivision
and conditional use as recommended by the
Planning Commission.
Deny the applications as applied for.
Continue the hearings as may be
appropriate.
2)
3)
Alternative #1
MOTION REQUIRED:
Two
1)
2)
separate motions are required:
To approve the preliminary plat of Busse
First Addition as amended subject to;
a.) Submission of an erosion control
plan subject to the approval of the
City Engineer.
b.) Submission of sewer and water
construction plans subject to the
approval of the City Engineer.
To approve the conditional use permit for
a Subway fast food store on Lot 1, Block
1 of Busse First Addition subject to;
a.) To limit the hours of operation
as follows: Weekdays - midnight
Friday & Saturday - 1:00 a.m.
). vi\.
Y
tAl
\\~/
"CU9301"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
1
PUBLIC HEARING BUSSE FIRST ADDITION
PRELIMINARY PLAT; SUBWAY CONDITIONAL USE AND
VARIANCE
DAVANN INC., CHANHASSEN, MINNESOTA
HORST GRASER, DIRECTOR OF PLANNING
X YES NO
FEBRUARY 4, 1993
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The ~urpose of this pUblic hearing is to consider three distinct
appllocations: Preliminary plat consideration of Busse First
Addition; conditional use permit to locate a fast food restaurant
(Subway) in a B-1, Limited Business zone; and variance
applications to allow reduced setbacks from S.T.H. 13 and Duluth
Avenue and reduction of required ~arking spaces for a fast food
establishment. The three appllocations are being considered
contem~oraneously because of the interrelationship of the
subdivlosion 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 ~repared by the developer, supporting maps and data.
The appllocations 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
develo~er petitioned for subdivision review under Section 6-3-1,
Abbrevloated Subdivision Process. However, it is impossible to
segregate the subdivision and land use process since the
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORrUNITY 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 ~arking lot currently
used by Prior Lake state Bank to provlode convenient customer
parking, close to the front entrance to the bank building. No
use is proposed for Lot 2 at this time however, it is anticipated
that a use conforming to the B-1 district requirements will be
developed at a future date. Proposed Lot 1, contains 20,098
square feet and is the future site of the Subway restaurant.
Both proposed lots meet or exceed the Zoning Code requirements
for the B-1, Limited Business district.
Assessments:
See memo from Ralph Teschner dated November 4, 1992 for details.
The subject site does not have water and sewer service available
to the property. The developer will be responsible to provide a
connection to utilities available within the street intersection
of Duluth Avenue and Anna Trail. See attached Grading and
utility Plan. The existing utilities were installed in 1959.
The applicant will be responsible for the extension of the
service lines for the purpose of connection to the City's
municipal system. Since utilities do not abut the property and
the developer would incur the service cost, the parcel would not
be assessed front footage. The subdivision is subject to charges
for Trunk Water and Sewer ($2750.00/acre); Stormwater Management
Fee (20.3 cents/sq. ft.) and a Collector Street Fee of
$700.00/acre. Total City fees required for development of the
subdivision amount to $16,458.31 dollars, which will be collected
upon entering into a developer's agreement for the utility
improvements.
Comprehensive Plan:
There is little guidance offered by the 1981 Comprehensive Plan
for the development of the subject site. The Comprehensive Land
Use Plan and Zoning Map indicate commercial use for the site.
Policy 3 of the Land Use Plan indicates that new business
development should be confined to the Downtown and Brooksville
Center areas. There is mention of the need to integrate the
various business centers along the Highway 13 strip by improving
pedestrian and vehicular access.
S.T.H. 13 is classified as a minor arterial, designed to
accommodate medium to short trips at moderate speeds. Minor
Arterials also connect neighborhoods, subregions, and activity
centers within the urban area. Duluth Avenue is classified as a
collector which is intended to collect and distribute traffic to
the arterial system at lower speeds. Access includes minor
arterials, local streets and direct land access. The
Comprehensive Plan indicates that sidewalks and trails are
recommended along the entire major street system. The collector
streets such as Duluth Avenue, connect all areas of the City and
are conveniently located to provide suitable alternatives to
travel by automobile.
The SUbdivision proposal is consistent with the objectives of 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.
Gradinq & utility Plan:
The site is generally flat and contains no predominant natural
features. The grading plan indicates that Lot 1 will be graded
to accommodate the Subway restaurant and parking lot
construction. The applicant proposes not to grade Lot 2 at this
time, but to wait until a future development proposal is
approved. storm water currently flows into the ditches located
along Duluth Avenue and S.T.H. 13. The proposal is for the
existing drainage patterns to continue.
The proposed sanitary sewer and watermain plan indicates that
sanitary sewer would extend generally southerly from Anna Trail
along the west side of Duluth Avenue and cross under Duluth
approximately between the tow proposed lots. An 8" water main
would extend southerly along and cross Duluth Avenue near the
sanitary sewer. A hydrant is proposed adjacent to Lot 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
pro~osed plat should be 80 feet. Seven feet of
addlotional right-of-way for Duluth Avenue must be
dedicated adjacent to the easterly l55 feet of the
plat.
3. The sewer and watermain construction plans must be
approved by the City Engineer.
Park Dedication:
See memo from Bill Mangan dated, December 23, 1992 for details.
The park dedication requirement for Busse First Addition will be
a cash dedication in the amount of $5,830.00 dollars.
General Discussion:
The proposed subdivison would add two lots to the block currently
developed with Prior Lake state Bank, the ~ost office and Carols
Furniture. Although both lots meet the minlomum size requirements
they will be the smallest lots in the block. Lot 1 will need to
be slightly increased to account for the 225 square feet lost to
right of way dedication required adjacent to Duluth Avenue.
The subject site is perhaps one of the prime vacant sites
available along the S.T.H. 13 Strip. Development will be a focal
point in the Priordale Shopping area and serve as a transitional
land use between S.T.H. 13 and the single family residential
development to the west. Any development must be respectful of
this relationship. To accommodate this objective the applicant
should consider adjusting the common property line, increasing
the building envelope and providing additional design and
landscape flexibility for Lot 1.
Lot 1 is not an efficient lot from a development perspective. It
is bordered by roadways on three sides with setbacks of 50 feet
from S.T.H. 13 and 85 feet from the travelled roadway of Duluth
Avenue, resulting in a small and difficult building envelope. It
is typical for inefficient lots such as this to be overbuilt and/
or to ask for relief via the variance process as will be the case
in the Subway conditional use to be reviewed contemporaneously
with the plat.
Alternatives:
1. Find the preliminary plat of Busse First Addition consistent
with the Comprehensive Plan and in compliance with the
Subdivision Ordinance subject to:
a) An erosion control plan subject to the approval of the
City Engineer.
b) The right of way for Duluth be increased by 7 feet for
the easterly 152 feet of Duluth Avenue.
c) The sewer and water plans must be subject to the
approval of the City Engineer.
d) The dimensions for Lot 1 be adjusted to a minimum lot
size of 20,000 square feet.
2. Deny the plat based upon specific findings.
3. Continue the hearing for specific purposes or lack of
information or detail.
PLANNING COMMISSION
MINUTES
FEBRUARY 4, 1993
The February 4, 1993, Planning Commission Meeting was called to
order by Chairman Roseth at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Loftus, Wuellner and Greenfield,
Director of Planning Horst Graser, Assistant city Planner Deb
Garross, Planning Intern Jim Hayes, Acting Secretary Phyllis
Knudsen
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
commissioner Wuellner wanted second to the last paragraph on page
one to read "water oriented structures should not only conform to
setbacks and maintain minimum distance from high water elevation
but also have permanent foundations."
Last paragraph having to do with contiguous side by side lots
also there was verbage in the ori~inal version having to do with
lot size and lot width and Commisslooner Wuellner pointed out that
there was a wider width at the building line than there was at
904 and that only applies to a very few of the lots on Twin Isle.
The majority are pie shaped wider at the lake. The Draft as it
was written would not apply to the ma~ority of the lots. The
Ordinance should apply to the maJority of the lots that are
available for development on the Island. The majority of lots
are pie shaped narrower at the back and wider at the lake.
On page 4 Commissioner Wuellner made the point that the
comparloson of Prior Lake to other adjacent communities, i.e.
Savage, Shakopee, Farmington, Lakeville, etc. "I think in most
cases with this type of Shoreline Ordinances that it is
irrelevant because Prior Lake is really a unique community
because of the diverse topo9raphy we have and the fact. that the
dominant feature of the area 1S the lake". Second point: in his
opinion relative to the 18% coverage ratio issue, adequate two
story and multi-level housing could be built with a three car
garage in excess of 2000 sq.ft livable on the lots that were
platted in the
City to change
community at
problem.
Commissioner Greenfield moved
corrections of the minutes from
of the agenda in the light
heard. All agreed.
area. He also felt that it is not prudent for the
the entire Ordinance which affects the entire
the request of one developer because he has a
to table discussion of the
the previous meetin~ to the foot
of two public hear longs yet to be
ITEM II - PUBLIC HEARING: BUSSE FIRST ADDITION
Commissioner Roseth opened the public hearing at 7:40 p.m. to
consider the SUbdivision, Conditional Use and Variance for Busse
First Addition and Subway.
Greg Kopischke of Westwood Professional Services represented Brad
and Mary Busse. The proposal is to subdivide a 1.2 acre parcel,
adjacent to the Prior Lake State Bank, at the intersection of Hwy
13 and Duluth Ave., into two commercial lots. The applicant
proposes to develop a Subway convenience food restaurant on
one of the two parcels.
Mr. Kopischke showed renderings of the design of the building,
landscape design which is in compliance the existing draft of the
landscape ordinance, parking lot, etc. They are proposing to
grade Lot 1 which is proposed for Subway, the standards relative
to screening the single family area adjacent across Duluth are
meant to allow for some screening or buffering of commercial
activities. The plan is generally consistent with the intent of
draft landscape ordinance that is currently in process.
According to the Zoning Ordinance, Subway, a fast food restaurant
requires a Conditional Use permit within the B-1 Zoning District.
The proposed Subway will contain 1600 sq.ft, with the seating
area oriented towards the front, counter area, kitchen located in
rear. The building design maintains some of the residential
character from the neighborhood using gabled roofs, using brick
of the same height and color as the adjacent bank. Signage will
be placed on two sides of the building, one facing Hwy 13.
Access was a major concern due to intersection congestion,
stacking and so forth. The driveway entrance was moved back as
far as possible from the intersection. One alternative reviewed
was to locate a driveway near Anna Trail, but the distance to
Hwy. 13 was not sufficient to allow for safe stacking, safe
movement in proximity to the lighted intersection. The applicant
acknowledges that there is concern about having a driveway access
opposite from single family homes so the drive was cenntered in
the lot lines. It would line up directly across two driveway
accesses. It would minimize the impact to the greatest extent
possible rather than having the driveway access opposite someones
living room window.
Pylon sign to be erected along with signs on the building on the
northwesterly side and southerly side adjacent to Hwy 13. Pylon
sign will be of permitted height and size according to City
standards.
parking: The applicant requests a Variance for re9?ired parking
spaces. The City Ordinance for this particular s1te in terms of
square footage requires 40 parking stalls. History has shown with
free standing subways that they do no require that many stalls.
We have researched 14 other communities in terms of what they
would require and found a range from 14 to 41, with the majority
in the mid 20's. The applicant requests a variance to permit 27
parking stalls based on other Subways of this size and the number
of seats, etc.
The applicant also requests a building setback variance. The
structure meets the front yard setback requirements of a B1
District being 30 feet from street ri~ht-of-way. However, the
Ordinance does dictate a 50' setback loS required from Hwy 13. We
request approximately a 15' variance at that point. The
requirement off Duluth is 85' from center line and we are at 74'
- 85 according to the plans so we are looking for an 11' variance
for just a corner of the buildin~. We did look at various
options trying to locate the bUl.lding in other spots but found
with trying to keep access back away, parking really needed to be
where it is to keep it away from the residential area as well.
Discussion followed.
Mr. Brad Busse introduced himself and his wife as the new owners
and manager of the Subway and they also are the franchise owners
and o~erators of the Subway in Bloomington. They plan to work
at thlos store making sure that the standards are kept up which is
one of the conditions upon continuing the franchise with the
Subway. Along with the involvement on a daily basis we also
pledge to become involved with the community, i.e. sponsoring
school programs, commendations for students, sponsor Boy Scout
Troop activities, etc.
Horst Graser, Director of Planning presented staff reports. This
is a three-fold project. Hearings for each of the different
requests were convened contemporaneously in order discuss them in
interrelating issues that are involved with the Subdivision,
Conditional Use and the Variance.
Mr. Graser presented slides of subject subdivision, elaborated on
the zoning, conditional use and the variances that are asked for.
There are three options that the Planning Commission has as
outlined on page 3 and 4 of the memorandum: 1. Deny the Plat
based upon specific findings, 2. continue the hearing for
specific purpose or for lack of information or to do an
alternative ~lan, 3. Find the preliminary plat of Busse's 1st
Addn is conSlostant with our Comprehensive Plan in compliance with
the Subdivision Code. The Planning commission may attached
conditions as deemed appropriate.
staff recommendeds #4, that the Plan not be approved until all
conditions are met.
The Conditional Use Permit is part of the same package is being
submitted under Section 7-5 of the Zoning Code and the Variance
under 7-7-6. Specfic variance is approximately 15' from S.T.H.
13, 11' front yard setback from Duluth and a reduction in parking
space requirements from 40 to 27 stalls.
Mr. Kopischke was advised that when developing this lot, the
project should be extremely sensitive to the residential area,
and be respectful of the existing commercial uses, the bank and
the Priordale Mall area.
Duluth is designated as a Collector street. The year 2010 will
carry between 7,000 and 9,000 vehicles per day and if Hwy 13 is
not reconstructed to a freeway status, the traffic will even be
greater. The plan in ~eneral conforms with the performance
standards and approval crloteria that are listed in the Zoning
Code. The expected daily trips is expected to be 440 A.D.T.
having two peaks about noon and later in the evening. The access
is from Duluth, City Engineer Anderson discussed an alternative
driveway location located opposite Anna Trail. The stacking
distance between Hwy 13 intersection and alternative site
entrance would not be adequate and therefore the entrance as
proposed is the better and safer one. This entrance would line
up right in the center of the driveways of Lots 6 and 7 across
from the entrance so that even if people were stopped for a
considerable length of time, the headlights wouldn't be directly
in someones front room.
Mr. Kopischke stated that the heaviest berming would be along
Duluth to hide the trash receptical and to hide noise eminating
from the order board.
The owner should consider a plan to clean up adjacent properties
on a structured basis. It is also important that maintenance of
the grounds and structure be ongoing as it is vital to preserving
the image of a 9Uality and respectful place that is used to
buffer commerclal development and Hwy 13 from the residential
area.
staff has outlined three alternatives and those are to 1. deny
the ap~lication, 2. continue the hearing for additional
informatloon or direction at your choice, 3. find that the
conditional use permit and variances are consistant with the
Comprehensive Plan and within the spirit and intent of the Zoning
Code and that approval is deemed appropriate.
Audience Comments:
Neil Boderman, General Partner and Owner of Priordale Mall if
they estimate 440 trips per day, and 70% of business is conducted
in a 3 hr span making approx 100 trips per hour then the number
of ~arking stalls doesn't seem adequate. Also if hours are to be
untl.l 2 a.m. it would probably become a hang-out for teenagers.
Jim Netsfeld, Owner of NAPA - I think it would be a good addition
to the community to have another selection to choose from for
fast foods. In response to previous speaker, most of the traffic
would be drive thru so would not need the parking.
Emmy Schneider - resident - concerned with width of the street
uses Hwy 13 and Duluth and feels that with the growth that the
City is anticipatin~ that it will become a very busy intersection
so her concern is Wloth the 15' variance from Hwy 13 and with the
11' variance from Duluth. If Duluth will eventually be redesigned
with right turn lanes, we certainly need more than 30' there.
Future traffic problems and when other lot gets developed it will
again increase traffic - might Anna Trail cross over to make
another exit or entrance to Hwy. 13.
Jan Hansen - citizen Forum - suggests having a trash rece~tacle
at the exit with an extended shoot so that they can throw lot in
from the car window - Regarding parking stalls may look at the DQ
as it is a comparable business.
Bill Schoenecker - has been working with the Busse's, and on
their behalf has talked to the neighbors across the street on
Duluth. Of the people he has talked to, none of them are against
the proposal. The only comment they made was they didn't want a
gas station put there.
W.B. Thomas (letter written to Deb Garross) See attached letter.
In brief - does not object to Subway being built in Parcel 1 but
does object to entry and exit off Duluth Ave. Would rather see
these off Hwy. 13. - Thinks additional noise and traffic would
decrease property values.
Deb Garross submitted comments by Howard Clausen, Owner of Dairy
Queen who could not attend tonights meeting. He objected to the
Subdivision and the Conditional Use Permit. Basis of these
objections he felt that traffic would be a concern of his based
on the intersection and the amount of traffic that would be
generated from the Subway use, concerned about the lights and
compatibility issues that have been discussed this evening
between the business and residential district. He also felt that
other land is available in the community for such a use and that
he didn't feel that special consideration be given to this
particular business at this particular location.
Bradley Busse - regarding Mr. Grasers comment of the 440 cars per
day - our estimate shows we will have 200 customers per day, and
2 or 3 person carloads would greatly reduce that carload - We are
anticipating an average of 200 customers per day with anywhere
from 150 to 200 cars per day coming through the area. Based on
Subway records, 30% of sales are from the drive-thru or about 60
per day drive-thru.
Greg Kopischke - when one looks at traffic count one looks at a
trip being in and a trip being out - or 200 transactions per day
equals 400 trips. They also took into account the employees
coming and going and delivery vehicles coming and going on a
regular basis. The parking stalls closer to Duluth might be
designated as employee parking as they would be the furthest from
the door and that would lessen the activity of those stalls that
seem to be of a concern especially during peak times then the
employees are going to be tied up anyway. Regarding the trash
concern: the Busse's plan to be here and have every intent of
being a good neighbor and will be policing the site to make sure
that everything is in order.
Bob Schaffer - resident - The building is just going to be a
first rate structure and if this building wouldn't be a~pro~riate
there what might you hope to accomplish on that corner ~n lloeu of
this. I encourage you to support this and allow them to build.
Martha Hoover resident and realtor - personally spoke to 16
of the 30 agents in the office they personnally support this
improvement to the community - With concern that this become a
hang-out for the kids, it would become job ~otential for them.
We encourage the Commissioners the support thlos development to
our communloty.
Public Hearing was closed by Commissioner Roseth at 8:40 p.m. and
then asked the other Commission members for their comments.
Commissioner Wuellner: Asked Mr. Busse if Subway had guidelines,
suggestions, or regulations to a minimum or recommended numbers of
parking spaces who responded that they don't have specific
numbers all they can draw on Ultimately is when different stores
are operational and are doing just fine. He has surveyed four
stores that have drive-thru free standing facilities such as we
are proposing anywhere from 20 to 26 stalls.
Commissioner Wuellner also asked Mr. Busse's intent of hours of
operation, and has there been research done by Subway or you as a
Subway operator, are you able to project by the hour what the
incremental bookings are between 10-11 p.m., 11-12 a.m., 12-1
a.m. Mr. Busse responded that Corporate Subway has required hours
on national basis of Mon-Thurs from 10 a.m. to 2 a.m. but then
allow graces on these days from 10 a.m. to midnight. Then on Fri.
and Sat. the national hours are until 2 a.m. and except for a few
cities in the metro area the majority of the Subway
establishments are open until 2 a.m. and those are determined by
City Ordinance. He talked to the developmental concerning the
hours and they said there was a couple of pockets in the
Minneapolis area where these communities ordinances read stores
are open until 11 p.m. on weekdays and 1 a.m. on weekends. It is
Mr. Busses intent to work the the city for the good of both the
community and the propsed business.
Questioned if a traffic study had been done for the number of
vehicles exiting from the Bank? Mr. Graser did not have an
answer but estimated 400 to 600 trips per day which would be
similar. Mr. Wuellner was trying to make a comparison on an
already existing condition on the same street affecting the same
people on that street.
Commissioner asked Mr. Kopischke regarding the screening that is
going to put along the drive up order entry area and the trash
bin area, initially when it is planted how high is the screening
going to be and what will the optimum height be? Response was
scrubs initially at 2' to grow to 5'. Evergreens also to be used
would go in at 6' to 8' and grow to approximately 15' or so in 10
years.
Commissioner Roseth recognized that the 8:45 p.m. Public Hearing
on Shoreland Management Ordinance is due to start and asked what
the parlimentary procedure was for this. Horst Graser advised if
there were a lot of people waiting for that hearing perhaps it
should be convened, otherwise he felt it would be appropriate to
convene it and then continue it until 9:15 p.m.
Commissioner Roseth called the Public Hearing for the Shoreland
Mana~ement Ordinance at 8:45 p.m. to order and then continued the
hearlong until 9:15 p.m.
Commissioner Greenfield interjected regarding traffic
felt that the noise coming from Hwy. 13 was going to
some of the concerns coming from the order board.
Commissioner Wuellner to City Engineer Anderson asking what is
the projected setback from Hwy. 13 and Duluth Ave as we now
enVloSloon them now to be developed in the next few years, i.e.
what is this intersection going to look like, what will Hwy 13
look like, what will Duluth Ave. look like, where is the building
going to fit in all of that.
noise, he
over power
Mr. Anderson states the City is goin~ through a Comp~ehensive
Plan update and he has been in contact Wloth firm that 1S doing
the transportation plan for the City as late as yesterdar, to
discuss traffic on Duluth Ave. They have some prelimlonary
numbers for projected ADT on Duluth Ave. Those numbers are not
final. Preliminary of about 7,000 cars per day on Duluth Ave.
with that kind of traffic there would be for sure a right turn
lane coming off Duluth Ave onto Hwy. 13, a straight-ahead through
lane. That lane mar also serve as a left turn lane onto Hwy 13.
with the possibilloty with a separate left hand turn lane
depending on the actual design and the traffic that we have then
there would be one north bound lane. The right-of-way that we
have requested would serve to provide the right-of-way necessary
for those improvements. The ri~ht-of-way does get wider at the
intersection to provide for additloonal movements. We see that
roadway as being either 32' wide or 36' wide depending on actual
design with a sidewalk and bikeway on each side of the roadway.
That system for pedestrian and bikeways, I believe is very
essential to provide for the downtown connection from CR 21 to
the shopping center. There was a suggestion by the Parks
Director that we consider the sidewalk. I believe at this time
it would be premature to put the sidewalk in. That section of
roadway will have to be reconstructed from right-Of-way width
across. We will convert that to an Urban section and then the
sidewalks and bikeways will be constructed relative to the
elevation and grades necessary to to roads. Hwy 13 is scheduled
for 1995 improvements for safety improvements for channelization
for which will be a two-lane roadway. Those improvements would
be very similar to section of roadway that is in ~lace today. In
this particular area it is two lane with channellozation. Those
improvements would be from CR 44 to CR 42. In the long term plan
the overall direction that the Comprehensive Transportation Plan
is looking at is that Hwy. 13 would become a four lane facility,
which would mean an additional lane onto Hwy 13 which would be
another 12' of widening to the north with ~ossibly a right turn
lane. It seems there is sufficient rloght-of-way that exists
today to make those accomplishments both on Duluth and Hwy 13.
Regarding to the proposed parking lot, there is one stall that I
am concerned about and that is the stall on the northerly side of
the driveway adjacent to Duluth. The sidewalk or bikeway will be
right at the right-Of-way line. We have requested an additional
7' of right-Of-way for once we slide the right-of-way line out
and put the sidewalk right there we would have a conflict with
that particular car backing out there, so we suggest that the
stall in question be eliminated.
Commissioner Loftus asked Mr. Graser what the other conditional
uses would be in a B-l District. Mr. Graser listed both permitted
and conditional uses. The Comprehensive guide that you say this
would be consistant with is a 1981 document, correct? Answer Yes.
Is there any different treatment in the 2010 Draft of this area
that you are aware of between the 1981 Plan and proposed new
draft. The zoning is consistant with the Comprehensive Plan and
if the zoning is consistant then the uses therein by way of
reasoning are also consistant. What we are trying to do in the
new Plan is relate businesses more to neighborhoods. Our
business community right now relates to highways and what we are
trying to do is be more village like in nature so that as a
community grows and highways and transportation systems fail,
businesses don't fail along with it.
commissioner Loftus continues stating that seems everyone is
favorable regarding design and so forth that when you have a
fast food restaurant on a critical corner that is so visible that
from a planning aspect it strikes me that you have a solo use
just sitting out there by itself. Finds it a sense of
frustration that all of these fast food can't be linked together
instead of havin9 to get in your car and drive to all these
different locatloons instead of being able to strole down the
sidewalk to choose from different tastes. Asked about the
possibility about Subway delivering which would raise traffic
count. Answer does not deliever as a rule except for party subs,
if company has a large meeting etc. Does not forsee this as
becoming a feature for their business.
Commissioner Arnold, because he came late he did not hear if some
of his questions were answered. Asked if the proposed driveway
was the safest and thought the Anna Trail alignment would be
better. Mr. Graser answered his question based on previous
testimony. Also asked about trash being found in adjacent yards
and asked if we have had complaints from the other fast food
locations in the area. Answer few complaints from Burger King
area but thinks that since none of the facilities have outside
seating that it is at a minimum.
Commissioner Greenfield is pleased with the cooperation that took
place.during the initial stages of this proposal between staff
and loS very pleased with who the building is put together and
looks like it would be a welcomed place in the community. I
still would like to voice a concern about the trash that we
should express on behalf of the residents in the neighborhood
that we may have to look into the possibility of wrappers being
blown across the street. Also expressed his feelings regarding
the possibilities of using more footage of Lot 2 and turn the
proposed building 180 degrees would make the order board more
towards Hwy 13 henceforth less of a noise problem. These are his
opinions.
Also was wondering about taking more than 7' for right-of-way.
Mr. Anderson and Mr. Graser answered the issue. Also wondered if
enough thought was given to placin~ the building on the lot, or
if other lots were considered whloch mi~ht negate the need for a
variance, or have the concern with traffloc flow, etc. Answer was
yes but felt they have designed a nice building to compliment the
area. Also questioned the hours again that because of the
residential nature of the area that a condition of operational
hours mi~ht be attached subject to approval of this Condition Use
Applicatloon.
commissioner Roseth asked Mr. Busse how much of his product is
throwaway both in food stuffs and packaging. Majority of the
customers are dine in and receptacles are in the stores where 70%
of the garbage ~oes. On the carry out business most go through
the drive thru, plock up the sandwich and drive home to eat it.
The Corporate office im~resses on all franchise holders that
cleanliness is the best thlong that you can have when you are
dealing with a restaurant. There is 4 or 5 times scheduled
during the day that the store is cleaned inside and out, trash is
picked up. Mr. Roseths concern was how much refuse was
degradeable and would hate to be at the order board next to the
trash bin on a 99 degree day. Thinks the dumpster is in the
wrong spot. Deliveries to the restaurant would take about 10
minutes once per week and there would is adequate s~ace to
maneuver the delivery truck around. Was the state notlofied of
this proposed development? Yes they were notified and we
received a letter from MnDot stating no objections to either of
the applications. They would not allow any direct land access
for either of the lots, nor would they allow any regrading,
planting or any type of landscaping in their right-of-way.
Greg Kopiscke elaborated again on parking lot design, trash bin
location so that the hauler can get in and out, and people know
what they want to eat so clustering probably would not have much
effect.
Tom Loftus - clustering was thought of if there was a line at one
you might change your mind and go to another facility cause the
option is there. Regarding the hours you are allowed by
corporate to shorten the hours, I am thinking of the employees and
safety reasons. Mr. Busse stated that the closer will be an
adult and cameras and alarms are to be installed.
Allen Greenfield - your original proposal of September
and water hookup had those on the bank side of the road
your December proposal has them on the residential side.
the decision made in light of citizen and street empact?
for sewer
and now
Why was
MOTION BY LOFTUS, SECOND BY WUELLNER TO APPROVE BUSSES FIRST
ADDITION PLAT SUBJECT TO ALTERNATIVES LISTED IN STAFF
RECOMMENDATION AS (1) AN EROSION CONTROL PLAN SUBJECT TO THE
APPROVAL OF THE CITY ENGINEER; (2) THE RIGHT OF WAY FOR DULUTH BE
INCREASED BY 7 FEET FOR THE EASTERLY 152 FEET OF DULUTH AVENUE;
(3) SEWER AND WATER PLANS MUST BE SUBJECT TO THE APPROVAL OF THE.
CITY ENGINEER; (4) THE DIMENSIONS FOR LOT 1 BE ADJUSTED TO A
MINIMUM LOT SIZE OF 20,000 SQUARE FEET.
Discussion followed: Commissioner Greenfield would be in favor of
continuing an issue of this complexity with the number of
motions and stipulations etc. and get the issues more distinctly
expressed in paperwork and proposals before us.
Commissioner Arnold - should we see the design of the shifting of
parking spaces before approval?
Greg Kopischke could make it a condition of the approval but we
can work with Mr. Anderson of this parking stall in question.
Vote taken signified ayes by Loftus, Arnold, Wuellner, Roseth.
Nayes by Greenfield. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY ARNOLD TO CLOSE THE SUBDIVISION
PUBLIC HEARING.
Vote taken signified ayes by Arnold, Loftus, Wuellner, Greenfield,
Roseth. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY WUELLNER TO GRANT THE SUBWAY
CONDITIONAL USE AND VARIANCE IN PARCEL 1 TO INCLUDE A 15.05 FOOT
SETBACK VARIANCE TO HWY. 13 AND 11 FOOT SETBACK FROM DULUTH
AVENUE AND ALSO THE CONDITIONAL USE INCLUDE A VARIANCE OF PARKING
SPACES BE REDUCED FROM 40 SPACES TO 27 SPACES, AND CONDITIONAL
UPON WEEKDAY HOURS CLOSING AT MIDNIGHT AND FRIDAY AND SATURDAY
HOURS CLOSING AT 1:00 A.M.
Justification: Commission Loftus for a Condition Use it is
consistant with the Comprehensive Plan because it is a
Conditional Use listed in the B-1 Zoning District. The people
that testified during the Public portion of the hearing were
proponents of the applicant with only a few qualifiers but
applicant has stated they are responsible operators and intend to
exceed expectations so will not be detrimental to the general
welfare and health and safety of the community.
Commissioner Greenfield again is uncomfortable with railroading
this through without more time to look it over and discuss
it more thoroughly and feels that 1:00 a.m. is more than generous
with the residents.
Vote taken signified ayes by Lotfus, Wuellner, Roseth, Arnold.
Nayes by Greenfield. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS TO CLOSE THE PUBLIC HEARING
ON THE CONDITIONAL USE AND VARIANCE APPLICATION
Vote taken signified ayes by Loftus, Wuellner, Greenfield, Arnold
and Roseth. MOTION CARRIED.
Public Hearing closed at 10:00 p.m.
Commissioner Loftus asked for a 5 minute recess.
ITEM II -
I N T E R 0 F F ICE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
oj HORST GRASER, CITY PLANNER
v.p,BRUCE LONEY, ASSISTANT CITY ENGINEER
I BUSSE FIRST ADDITION PRELIMINARY PLAT REVIEW
JANUARY 21, 1993
The following comments are from the Public Works review of the
above referenced plat:
Preliminary Gradinq 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. Sewerrnain 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 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
M E M 0 RAN DUM
TO:
FROM:
RE:
DATE:
HORST GRASER, DIRECTOR OF PLANNING
BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
PARK DEDICATION REQUIREMENT FOR BUSSE FIRST ADDITION
DECEMBER 23, 1992
Since this is a commercial application, the park dedication
requirement will be treated just as all of the business
applications have been treated. The most recent application
involved Radermacher's County Market. However, that application
was substantially larger than this one. The most recent
application similar to this subdivision is the existing Burger
King restaurant.
For these commercial application, a raw land value is
assigned per square foot rather than per acre. The raw land
value for this subdivision will be $1.00 per square foot. As a
result of this determination, the parcel has a raw land value of
$58,300. The 10% park dedication requirement is applied to this
figure to result in a park dedication requirement of $5,830.
Horst, there is one other consideration to keep in mind with
this subdivision. Duluth Avenue is a collector street within the
city. Eventually, there will be sidewalk and bikeway on both
sides of the street. There is currently a bikeway striped on the
west side of Duluth Avenue. I would suggest to the developer
that, at minimum, a 5' concrete sidewalk be considered at the
time of construction. This sidewalk is identified in our city
trail system plan and should receive consideration for this
application.
If there are any comments or questions related to this
subdivision, I will be available to answer them.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
FROM:
RE:
DATE:
MEMORANDUM
Planning Department 1i /
Ralph Teschner, Finance Director~
Busse 1st Addition Preliminary Plat
November 4, 1992
The 1.33 acre parcel (PIN #25 902 049 0) does not have water and
sewer service available to the property. The closest proximity to
such utilities would be within the street intersection of Duluth
Avenue and Anna Trail. These improvements were originally
installed in 1959. The applicant, Davann( Inc. would be
responsible for the extension of the service llones for purpose
of connection to the City's municipal system.
since utilities do not abut the property and the developer would
incur the service cost, the parcel would not be assessed front
footage. The subdivision would however be subject to the charges
outlined below:
Trunk Water & Sewer Charge
Stormwater Management Fee
Collector Street Fee
$27S0.00jacre
20.3 centsjsq. ft.
$700.00jacre
The a~plication of these City charges would generate the
followlong 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 @ 700.00jacre
1.34 acres @ 2750.00jacre
58,302 sq. ft @ 20.3 cents
Total City fees
$ 938.00 (collector)
$ 3,685.00 (trunk)
$11,835.31 (stormwater)
$16,458.31
There are no other outstanding special assessments currently
certified against the property nor any ~ending deferments. The
above represented charges for the prelimlonary plat of Busse First
Addition would be collected upon entering into a developer's
agreement for the utility improvements.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
iLIl
" OF ,,-,#
Minnesota Department of Transportation
Metropolitan Division
Transportation Building
St. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No. 593-8533
December 15, 1992
Mr. Horst Graser
Director of Planning
City of Prior Lake
4629 Dakota St. S.B.
Prior Lake, MN 55372
In Reply refer to: TH 13
C.S. 7001
Busse First Addition
Duluth AvejTH 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 MnjDOT 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.
H you have any other questions please feel free to call me at 593-8533.
Sincerely, ,
-IJJA~ . C{ ,S~.~
William A Sirois
Senior Transportation Planner
cc: Dotty Rietow, Metropolitan Council
Brad Larson, Scott Co. Engineer
William Schmokel, Scott Co. Surveyor
All Equal Opportullity Employer
APH.IC'ATION FOR 'mE SlJBDMSION (R LAM)
WI'niIN 'mE CITY OF PRIOR LAKE
9J
PID
~~~r~,~ .~~~'~1::~
IUXhYider'-2"~_-,~~_~;: :
Address: .
Agent: Poone:
Address:
:: ~ ~~~: ~~uL~~':P'7
Phone:
Poone:
~L/7- 2!.s-:?O
-
Legal Description of Property:
E. A/. K~A/B-J -r;e%.;;!'- ~~~i!JP
Present Zoning: ;:?' -I
Deed lEstrictions: No4 Yes
Property Acreage: ~Oa:JO .5/ (, SAC)
If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
oonditional use permit on the subject site or any part of it:
tb ~. Yes What was requested:
When:
I have read the Prior Lake Slbdivision Ordinance and agree to provide the
infoDnaticn and do the work in accoreance with the provisions of the ordinance.
'$(Jd/~ ~ Oct /1, /99:J.
Appllcants 5i ure Date "
~ "i; U-T r l
. , 1 ,,--{'.., Q f't A rr) "'"' A I \ l\AI ~-CD" "\ Co ~ ~ I q q?
. Pee CMlers 51~ature _ Date (
/Z.te:"-~ q~/lt..J-1 "'''''11:-- .?<J.I ~Jf i.-l,
1'0/; ~~ ~~../t:/r~ J;:::.rF 46-ur
'1H ION '10 BE FILLED IN BY THE PI..ANNIN; DIRECroR
PI..ANNIN; <D1MISSION _APPRCmD
CITY <DUlCIL _APPROJID
CDNDITION5:
DENIID
DENIm
Ot\TE OF HEARn{;
Dr\TE OF HFARIR;
Signature of the Planning Director
Date
-'zoo~
December 10, 1992
BUSSE FIRST ADDITION
Prior Lake, Minnesota
REOUEST
Submission is presented to the City of Prior Lake requesting review and
approval of a preliminary Plat and Final Plat for a two-lot commercial
subdivision proposed as Busse First Addition.
SITE DESCRIPTION
The 1.33~ acre site is located at the northeasterly corner of Highway 13 and
Duluth Avenue. Adjacent land uses include Prior Lake State Bank and other
commercial to the east, single-family residential northerly across Duluth
Avenue and commercial south across Highway 13. The site is primarily a
vacant, open, grassed area. A portion of the easterly side of the site was
leased by Prior Lake State Bank, which has constructed a small parking area.
Even though the Bank site is sufficiently parked per code, this parking area
was added to in order to provide close and convenient access to the main
building entry for customers. The site is generally flat, with a 2-4 foot
elevation change. Site stormwater runoff currently flows into the ditches
along Duluth Avenue and Highway 13, eventually flowing northeast along Highway
13. Zoning is B-1 Limited Business.
PROPOSAL
The 1.33~ acre site is proposed to be subdivided into two (2) lots of 20,098
sq. ft. and 38,204 sq. ft. Zoning is intended to remain B-1 Limited Business.
Both lots meet or exceed the zoning code standards for minimum lot area
(20,000 sq. ft.) and width (120 feet).
The westerly Lot 1 (20,098 sq. ft.) is proposed to develop with a 1,600 square
foot, free-standing Subway Restaurant with a drive-through lane. Access will
be to Duluth Avenue. This use is projected to generate 200 transactions per
day. Including a 10% trip increase for employees and deliveries, the site
would generate approximately 440 trips per day. The P.M. peak is about 5.6%
of the total for about 25 trips. The noon hour is the actual peak use period,
generating about 78 trips during an off-peak time for background traffic.
Refer to the submission narrative for a more detailed description of the site
plan proposed for this lot.
The easterly Lot 2 (38,204 sq. ft.) is not proposed to be developed at this
time. No specific buyer or use has been identified for the site. The use
would fall within the B-1 zoning. The site has two options for access, the
first being a separate access to Duluth Avenue. The second would require an
agreement with Prior Lake State Bank for joint use of an existing access to
Duluth Avenue that is directly adjacent to the lot boundary. The existing
parking on Lot 2 would be used for any future site use, though an option
exists for joint use of parking between this lot and the bank. The final
determination regarding access and parking will need to be made when a
specific site development proposal comes forth.
To determine potential traffic generation, two theoretical site development
scenarios were prepared (using ITE standards for trip generation):
1. Office
Assumed 25% site coverage creating a 9,550 sq. ft. building and 39
parking stalls. This will generate about 117 trips per day, with
about 22 during the P.M. peak hour.
2. General Retail Shopping
Assumed 20% site coverage creating a 7,640 sq. ft. building and 39
parking stalls. This will generate about 886 trips per day, with
about 115 trips during the P.M. peak hour.
SCREENING
Lot 1 shows screening to the adjacent uses, especially the single-family
across Duluth Avenue, on the proposed site plans. Screening is intended to
meet the standards of the proposed draft landscape ordinance.
Lot 2 is proposed to meet the following performance criteria for screening
along Duluth Avenue across from the existing single-family.
Parking lot screening shall be provided on the perimeter of any new parking
lot.
a) Screening shall be provided using a combination of shrubs, coniferous
trees, fencing, berming, etc., to minimize the effect of headlights and
reflected light from bumpers, grills and headlights. Screening must
attempt to address at least 60% of the perimeter where views of the
parking lot could originate.
b) Effectiveness of the screening shall be 80% opacity year-round.
c) Berming must achieve a 30" height to provide 80% opacity on 3' high
screening. (Berms cannot be used as the only method of screening. They
must be used in combination with other elements.)
d) Plant materials must be spaced no more than 30" apart on single rows of
deciduous shrubs, 48" apart on double staggered rows of deciduous
shrubs, with initial planted height of at least 2' (spacing may vary,
subject to species used).
e) Coniferous trees must be placed no farther than 8' apart, to be counted
as screening.
UTILITIES/DRAINAGE
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 8" water main would extend
southerly along and cross Duluth Avenue near the sanitary sewer. A hydrant is
provided for fire protection.
Storm water will continue to flow into the existing ditches along Duluth
Avenue and Highway 13. Lot 1 (Subway) is proposed to be graded for building
and parking lot construction. Lot 2 will not be graded at this time, nor
until a formal development proposal comes forth. The existing drainage
patterns will continue. All runoff will be handled consistent with City and
Watershed requirements.
I
gL
I
,
I
1
I
I
I, :
I . I
i \J
.. ; \ '
.~" ,'- '-.. '" i
'''~,:-- . J'
','. , "
... ... ~ ------- I
~\.....::,~""" '--~-- i:\ /
-, ~ ~
... -, . '\ ~ / \
'\..... ~ - - . ~ ;"
x:..__ _~
....... -
,
0'
,-,
-..
,
~...
. <>.
;'
,
r
I
t1
II
"'
!I
--
"
;'
;
. ;'
\ .;
,.
,/
;'
...
..;
;'
.;
;'
..;
;'
.;
,/
"
;'
5
...
N\.
..;
..;
./
.;
.;
~
~
.
\ ~
\~
\
\
\
\
,
\
\
,
\
\
\
\
\ -So
'';
\~
,
\
\
\
,
\
,
,
,
\
,
,
..
,
..
\
'\
,
"-
,
"-
"
,
"
...
...
....
...
...
"
......
\
\
-
.).-
~\
-- \
,.
I
I
I
I
-I
~
I
I
I
I
I
I
I
I
. J
\,
I
I
,
.
,-
I
I
I
I
I
I
. J
\,
I
I
I
I
I
I
f
I
I
I
it
I
I
I
I
I
I
I
I
kI
I-
;!
(I)
l!l
g
~
:x:
~
z
::>
It
I-
I~
,
~
I
'\i
~
\. I
---
BUSSE FIRST EDITION
J
)-
1
J
1
1
J
J
l
]
.1
]
]
J
I
]
J
.J
J
BUSSE FIRST ADDITION
PRIOR LAKE, KIHHlSOTA
A
COKKERCIAL DEVELOPEKEHT
j
,
1
J
]
J
j
J
I
J
J
.J
J
FEE OWNER/PLATTER
E.N. BARSNESS TRUST A & B
C/O Mr. Robert Barsness
16677 Duluth Avenue S.E.
Prior Lake, Mn. 55372
Ph. 612-447-2101
PURCHASER/DEVELOPER
DAVANN, INC.
BRAD BUSSE & MARY BUSSE
1420 Mallard Court
Chanhassen, Mn. 55317
Ph. 612-448-5710
DISIGN CONSULTANT:
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 120-C
PRIOR LAKE, MINNESOTA 55372
Ph. 612-447-2570
Ronald A. Swanson, R.L.S.
ENGINEER
VALLEY ENGINEERING CO., INC.
7301 OHMS LANE
SUITE 500
MINNEAPOLIS, MINNESOTA 55439
STEVEN D. HAnVEY P.E.
Ph. 612-832-9475
I
t
1
I
J
. )
I
.1
]
]
J
]
]
J
J
J
J
J
J
BUSSE FIRST ADDITION
PAGE 1
TABLE OF CONTENTS
NARRATIVE
Property Location
PAGE
2
Property Legal Description
2
Zoning
3
Existing Site Conditions
3
Storm Water Runoff
4
Steep Slopes and Erosion Control Measures
4
Vehicular Access
4
Request for Subdivision
5
EXHIBITS
Preliminary Plat
6
Utility plan
1
Final plat
8
I
r
I
I
1
)
J
J
]
]
J
]
]
J
,I
]
J
J
J
BUSSE FIRST ADDITION
Page 2
PROPERTY LOCATION:
The property is bounded on the west and northwest by Duluth Avenue, on the
south and west by State Highway No. 13 and on the northeast by the existing
Prior Lake State Bank.
PROPERTY D~OH of RF.X:ORD:
That part of the West Half of the Southeast Quarter of Seotion 2, Township
114, Range 22, Scott County, Minnesota and that part of the East Half of the
Southwest Quarter of said Seotion 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 desoribed line:
Commenoing at a point on the east line of said West Half of the Southeast
Quarter distant 1940.80 feet north of the southeast oorner of said West Half
of the Southeast Quarter, said point being on the south line of a Town Road;
thenoe defleoting to the west at an angle of 92 degrees 32 minutes 00 seoonds
along said south line of a Town Road a distanoe of 652.15 feet more or less to
the interseotion with the northwesterly right-of-way line of said State Trunk
Highway No. 13; thenoe oontinuing on an assumed bearing of South 87 degrees 39
minutes 52 seconds West along said south line of a Town Road a distanoe of
759.70 feet to its interseotion with said southeasterly right-of-way line of
said Old Trunk Highway No. 13 (Duluth Avenue); thenoe southwesterly along said
southeasterly right-of-way line along a nontangential ourve oonoave to the
northwest having a radius of 1185.41 feet a ohord bearing of South 22 degrees
39 minutes 47 seoonds West an aro 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.
,.
J
J
1
"I
J
J
J
]
I
. J
J
J
i
. .
J
1
J
J
BUSSE FIRST ADDITION
PAGE 3
ZOHING CLASSIFICATION:
The property is presently zoned B-1 Limited Business and the requested use
for this project is also B-1 Limited Business.
EXISTDfG 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 prelimina.ry 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 across Highway 13 is the Hollywood
Restaurant. to the south is the shopping center and to the southwest is the
Holiday Gas Station. The intersection of Duluth Avenue and Highway 13 is
presently signalized. Anna Trail intersects the southeasterly side of Duluth
Avenue about 250 feet north easterly of the site.
Public sanitary sewer, water service is available at the intersection of
Duluth Avenue and Anna Trail and will be extended as a part of this proposal.
electrical and gas services are available to the site at this time via the
existing bank site.
,
.1
1
]
J
J
]
]
I
]
]
I
J
]
J
J
J
I.
BUSSE FIRST ADDITION
PAGE 4
STORK WATER RUNOFF:
As previously stated predevelopment stormwater runoff flows southerly along
Duluth Avenue and overland into the existing Highway 13 ditch. The runoff
from the Highway 13 ditch flows northeasterly into a wetland on the northerly
side of the C.H. Carpenter Lumber yard and southwesterly into a creek that
eventually flows into Prior Lake.
Preliminary review of the si te indicates that on site ponding of surface
water runoff may not be necessary for the requested improvements. All storm
sewer easements needed for the site will be provided via the final plat after
the final plans are approved by staff.
STEEP SLO~ AND EROSION CONTROL MEASURFs:
There are no steep slopes or existing soil erosion problems on the site.
As required by city ordinance proper erosion control and runoff containment
will be provided during all on site construction.
Upon completion of the building construction and utility hookup all disturbed
areas will be dressed off and covered with sod.
mrrcULAR ACCESS
The access to the site from Highway 13, will be via Duluth Avenue and Anna
Trail. The accompanying request for a Conditional Use Permit on lot 1, of the
proposed plat prepared by others will show a more detailed proposal for access
to Duluth Avenue
j
1-
1
I
1
I
I
I
~ I
.1
I
:J
J
J
J
J
j
J
1
BUSSE FIRST ADDITION
PAGE 5
REQU&ST FOR SUBDIVISION
The request as presented. is for, prelimina.ry and final plat approval to
subdivide the existing 1.32 acre B-1 parcel into two B-1 zoned lots.
Accompanying this request is a proposal by others for a Conditional Use Permit
for a fast food restaurant within a B-1 (Limited Business) zoning district.
Along with the permit will be a 'request for a setback variance from Highway
13, for lot 1. At this time it is not anticipated that a sale will be made on
the area proposed as lot 2. It is not anticipated that the use of this lot
will be changed in the near future. We would expect to ask for approval and
provide a site grading and landscape plan at that time. If this is not
acceptable perhaps lot 2, could be changed to an Outlot for the final plat. It
is my understanding that if the Conditional use permit is denied we would not
pursue the final plat at this time.
lA.:z
00
J:
....-
:38
a..<t
>-....
~~
zG:
~IAJ
G)CI)
f~
\
\
t
\
\
.
,
I
I
I
\
l~
.';
\ &
'.
\
I
\
\
\
\
\
\
\
\
t1IU 11'~11'~'f"
')'" ).tl, ,if IJI
i I'J I :jJj!J11'P
!If,l mjl.~~Uii:
J'~II "fJ !h f6,1
,ill JJJ'fl,'fiB,
II : III! II! '11
" f II Ie HII'l
li't: 'Uu:;hllll
, I !. III! f II'
I ,~I ! !Iil II~' ~
. JJf I "I"P IIII
I ! .:1 !' ,I"~IIJ 'il
'.w ,~,.~iJlllll1
I :Jhi hH~f!hlmf
IIIIJ
IIIII
,.. H
II
II II
I, i 1
I: Inll
.1111111
/
\
\
\
.,
\
\
\
\
\
,
,
,
,
,
,
,
I ~ /~ .
t.~! a.s
fiil a
n;:1 .. ill
Ii .-
I !w
Iii!
'I)' -
I, I
I!~ ~'
I.'! !
J'"' .
,.:1
!!I!I ~ .
/
...---. --~--
.'..l ...,......... ,....'...~ -- ....- .'
.. ...... ... -~~ ;:\
-.--- .. - I
.. ~ .--- -- .~":"- N''n'lIlI.lYM , IIIMII AlIY.lINn " r
'--- ~.~.::~ff~~~ I ~ .
- ':lU' "OJ ~::':~:;;A'''D^ ' 1... _. 1flIt)oo. NOUIOOY J.'III~ ...ns 3 j
....... . ~ ..........., (JO. ........ I "
\ t~ \
, (\,L-~~
j-~i~f;:' ~
~.-_..-.~.:~ jI \ r ~ '
,...-/1 \ f !
~ _I iJ: r
JII' W !
" .
:. :
I . ~, i
& __,I Ii :
i~_._. .- 'w I
" -. .
l I. J..:.... '"
~ . II!, Ie ? .~.
! '"j /'---
,1 !.~/t
~- i' I t~t,
:Jj ~: ~Ie~!lh
, I' '/ I' -4---
. iiI / ',Iii!, . dll -..
'fl., II' Ii
I I =.. \ II
\ \.e \~!
" .
. .
\ \
\. \
\ \! I
\, \\ ,I.
\ ,,--::,,~--"".,.
',~.' ./'.
\ v .;.
..j-'" /
./ ,
. 4'
I
L!!
~
!
I
..
~
-J
uJ
en
~
:J:
!;
...4
~
C
00
~l I~J ~jjJlif.J'
J~ Jil IJJII,JJ,-I
.) .It .;11JJ,1I
Jl JI~ _JJJIJJJ.'
If !ilj i!:f~~f~liil
I. J!~I -'~!I !lj
II t~~lf 1'111'111-
:1 II i J:8,a11~il~
!I i~:ll ;J!j~~!li~;
JIj 111 1)1 JiJj!~
.~ II! I :"~-1-151
j. I I 1',' ~ 1
~l '~!J ii:~:jl~l!
,I lJ!; .Jlll.~I:I.
I J.'i II'tI1' J f
II. JJJr {l'; JII 8
; I" ,'JJ ;IJ!~.IIIJI
I 11:/1. Jl,lll
~JI iil~ fliJ'IJ ~Sl
2:! HI; iJ;hl.hJ
o
-
t-
-
2J
<(I
I
J
!
I-
U)j
O::j
G:l
J
J.
lU ..:1
(f) III
(f) 1)\
::> ti'
Q)
: J
'i ;,
I. )1
J. .
" J !
.i i
1 J
I' ji
~! I I I
I. Ii
.~ 11
I! .;
,! !i L
:J :1 J :
II I I
.i J
H HI
" !
il ~
n'
n
1'1 !I.
,,"
HI )
) 'UI I · J~
i I". ,I ~)
I Ii-I r 1 J' d!
. !f!' i' ., I .!I
; I t I' J J,' I' J J
I .J ~ j Ifll i I: . I,
I I~ i I~ ! .1
- t II I t ~ ~I
I I-I: IJ I 1;! i
I ,1n IJ ! ., i II
. II ili!l II : .~!:I i
I: l!'li II ! !l I l
al f:1f. al Ii I~ _I 1-)
. 111 ~1 I)
I!! I . !:!.i hi I: III I I' Iii
I Ih ..hi ~.. II! !I :aJ I, 13 oct
t'lt. ..... Q.;
",Ir .
. ~tY; tI.l. ~\~..~~ 8
~. v ~
/ I
~" ~
m ~'
i
i
~, --- -----]
IJPJ: 01' _- _ j
r-".I 'OIS ___
....--- -----
------- /
--- /
/
:-: / ~
~ /<< I
/ '''J
;>''',
llJ. -jfl
U ~I
/ I
~
I
..
.j
09"U:92 10:09
F.t! 612 ~~i ~2~3
eIn- PRIOR L\KE ,:,)~ ;::~
:aJ U!):!
--
APPLICATION FOR CDNOITIOlW., USE PERilT
.' CD q~ -()~
PIDt ~ )'- 9u.; -oJ'f-o
Applicant: Davann, rnc. Bane Phone: 448-5710
Address: 1420 Mallard Lane: Chanhassen, MN 55317 WOrk Phone: A48-5710
Property ONner: Norman Barsness Estat~ l'rust - Acme Phone:
AddtesS:~/o Pr~or kak~ ~tate Bank: b6~77 Du~uth A~ S.E. Wbrk Phone: 447-2101
Consultant:Westwood Prof. SP-TV_ r or La e, HN 5372 Phone: 937-5150
Address: 14180 W. 78th ~tr~et. Sp~te 220. Eden P\aiTip, MN 55344
Proposed Conditional Use Mdress: Duluth Avenue S. E.
Legal Description: See attached descriPtion bv Valley Survevin2 Co.. P,A.
Existinq Use of Property: Vacant
Property Acreage: .20.098~~q. ft. Present Zoning: B-1
Conditional Oe8 Being Requested; For fast food restaurant within B-1 zoning as allowed
..... " .
oer zonin2 ordinance.
Deed Pest rictions: ---L-N:l
Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
pecnit on the subject site or any part of it: X to ~Yes Pequest:
When:
SJBMISSION RroUIREMENrS: (A) Completed application form. (B)Cornplete legal description and
parcel identification nlm'Cer U?ID). (C)E'iling fee. (D)Oeed restrictions, if necessary.
CEJFifteen copies of site plan drawn to scale showinq existing/proposed structures.
(F)Additional infornation as requested by the Planning Director includinq but not: limited
to: existing grades and buildings within 100 feet, drai.naqe plan with finished grade and
relationship to existing water bodies, if a11Y, pr01=Osed floor plan with use indicated plus
builc:Unq elevations, landscape plan with schedule of planti.ngs and screeninq, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified frcm abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
ptoperty. CHlApplicaticn and supportive data are due 20 days pdo!: to any scheduled
hearing.
ONLY CDMPLETE APPLICATIONS $ALL BE REVIE:WED BY THE PLANNI~ a:MUSSION.
To the best of ~ knowledge the info.rmation presented on this form is correct.
addition, I have read Section 7.S of the Zoning Ordinance which specifies
requiranents for condit:ional uses. I agree to provide Wormation and follow
pr res as ou in in the Ordinance.
In
the
the
~5~d/J /~~
Date "
Fee Owners Signature
Date
THIS SE:CrION 'IO SE FILLED M BY THE PLANNI~ DI~R
PLANNIm <D1MISSION _APPFOlFD
CITY CDtnOL ~
<DNDlTIONS:
DENIm
OENIm
D.\TE OF HF.ARDC
Dt\TE rR HEARIm
Siqnature of the Planning 01 recto:
tate
CONDITIONAL USE PERMIT
This agreement is for 8rad & Mary Busse to apply for a conditional
use permit to the City of Prior Lake.
The conditional use permit is f6r the property located at Duluth Ave.
and Hwy 13
E.N.BARSNESS TRUST-
a~ (3~D'T"\A.O ~
RICHfiElD BANK & TRUST CO
Richfield, Minnesota
BY ~ I~<<
Personal Trust 0 lcer
""\ 'v L.\..~ \- .. 0-
Permission granted by
09/17/92
Proposal for
~
. .
Prior Lake, Minnesota
By
Davann, Inc.
September 21, 1992
SUBWAY
Prior Lake, Minnesota
REOUEST
Submission is presented to the City of Prior Lake requesting review and
approval of the following:
1. Site plan review for a 1600 % sq. ft. Subway restaurant on a
20,098 % sq. ft. site at the northeasterly corner of Hwy. 13 and
Duluth Avenue S.E.
2. Conditional Use Permit (C.U.P.) for fast food restaurant within a
B-1 (Limited Business) zoning district.
3. Variance from ordinance parking requirements (40 stalls) based on
demonstrated need (27 stalls).
SITE DESCRIPTION
The site is currently a vacant, open grassed area. Topography is generally
flat with a 2-3 foot elevation change over the site. Site surface water
drainage currently flows from the center of the site (high point) into ditches
along Duluth Avenue and Highway 13. Drainage flows south along Duluth Avenue
then easterly along Highway 13. Existing adjacent land uses are single family
residential northwesterly across Duluth Avenue, Prior Lake State Bank and
other businesses to the northeast and commercial south across Highway 13.
Duluth Avenue and Highway 13 is a signalized intersection. Anna Trail
intersects the northwesterly side of Duluth Avenue about 150 feet north of
Highway 13. The land subdivision is to be processed by the fee owner.
PROPOSAL
The site is proposed to develop as a 1600 sq. ft., 40 seat Subway restaurant
with 27 parking stalls and a drive-thru window. Access will be from Duluth
Avenue approximately 270 feet north of Highway 13 and 120 feet north of Anna
Trail. The building will be located on the west side of the site with parking
to the east away from Duluth Avenue and adjacent to an undeveloped commercial
parcel.
The architectu+e is a one-story structure approximately 32 ft. by 52 feet in
size. The proposed gable roof will help transition the building to the
adjacent existing residential neighborhood and provide an appropriate scale
and appearance. The exterior will be primarily a brown brick, similar to that
used on the adjacent bank. The trash enclosure will also use the same brick
veneer (with a screen gate) to provide a compatible appearance.
Signage will include a pylon sign at the corner of Duluth Ave. and Hwy. 13.
Wall signs will be located on the south and west facades on the gable roof
ends. A small drive thru sign and order board will direct customers to the
pick-up window. All signs will comply with the ordinance regarding size and
height. Appropriate State and Federal signage will be provided for the
handicap parking.
1
Site lighting will use three (3) 20 foot high poles with 400 watt high
pressure sodium shoe box type fixtures. The fixture height is compatible with
the building and the lighting color is the same as used for the bank. Cutoffs
will limit off-site glare at the site boundary.
Landscaping is proposed to meet the draft landscape ordinance requirements for
quantity of material and appropriate levels of screening. The service/drive
thru area uses coniferous trees, shrubs and berms to screen/soften the
appearance from the adjacent residential area. Shrub massings are used along
Highway 13 and the west boundary to screen the parking area. Foundation
planting are used around the building and trash enclosure to soften their
appearance. Annual beds are placed at entry points and key visual locations
for focal enhancement. The overall intent is to screen views of the service
and parking areas, soften the building and provide appropriate visibility at
the site entry and of the building and siqnage.
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 1 5 minute period.
Subway indicates three minutes is the typical average for each transaction.
Therefore five stalls is appropriate. Another scenario is that this proposed
store is expected to have 200 transactions per day with 30\ expected to be
drive-thru.
200
x 30\
60
transactions
drive-thru percentage
total expected drive-thru transactions per day
40 transactions expected for peak lunch period (11:00 a.m. - 1:30 p.m.)
5 transactions expected for peak 15 minute period
If the last drive-thru space is filled, customers can continue to an open
parking stall by the building. Employee parking is closest to Duluth Avenue to
avoid conflicts with customer traffic at the site entry.
CONDITIONAL USE PERMIT
The proposed use requires a conditional use permit within the B-1, limited
business zoning district. The following comments relate to the listed
"Criteria for Approval" as found in the zoning ordinance.
1. The proposed use is an allowed conditional use within the existing
B-1 zoning district. The proposed site plan conforms to or exceeds
all general regulations of this ordinance (except as per requested
parking quantity variance. See following discussion for this
request) .
2
2. There will be nothinq associated with the construction or
operation of the proposed use that would be dangerous, injurious
or noxious to any other property or person and comply with the
performance standards.
3. The proposed use is sited, desiqned and landscaped to produce a
harmonious relationship between structure, site and adjacent land
uses.
4. The proposed project will fit visually with the neighborhood. The
architecture has a residential character for transition to the
single family neighborhood and materials compatible with the
adjacent commercial use. Landscaping will soften, enhance and
screen as appropriate.
5. The entry point provides adequate visibility at the public street.
The distance from adjacent street intersections avoids any
potential conflict. Internal traffic circulation provides for
smooth movement and ease of parking. Adequate parking is proposed.
6. The prosed use fully complies with the objectives of the zoning
ordinance and is consistent with the Comprehensive Plan.
7. There are no Conservation District issues to address.
Performance Standards for Conditional Uses
1. There are no flammable or explosive materials handled or stored on
site that would create a unique fire hazard.
2. There are no activities that would create an electrical
disturbance.
3. There are no objectionable noise generators that are involved with
this use.
4. There are no activities that generate vibrations.
5. There are no undesirable odors generated from this use.
6. There are no air-borne pollutants produced.
7. Lighting will be controlled to avoid undesirable glare on adjacent
property and roadways.
8. Erosion will be controlled during and after construction by
appropriate methods (i.e.: erosion control fabric, landscaping,
ground cover, rip-rap spillways, etc.).
9. The proposed use will conform to the water pollution standards of
the Minnesota Pollution Control Aqency. No unique water pollutants
would be generated by this site and proposed use.
3
VARIANCE REOUEST
The current zoning ordinance requires that the proposed use provide 40 parking
stalls. Based on the performance of other similar Subway restaurants, this
amount of parking is in excess of what is needed to operate at acceptable
levels. Therefore, a variance is requested for 27 parking stalls.
The following are similar free standing Subways for comparison. All are 36-40
seats and have drive-thru operations. Three are operational and functioning at
acceptable levels with available parking.
. Monticello, MN
(operational)
. 26 parking stalls
. Fergus Falls, MN
( opera tional )
. 25 parking stalls
. Manka to, MN
(operational)
. 20 parking stalls
. New Pra9\le, MN
(approved, scheduled to start
construction October, 1992)
. 20 parking stalls
A number of Twin City area communities were also checked regarding how they
determine parking needs. Of the 20 t communities reviewed, a few also used
Prior Lakes ratio of 1 stall per 15 sq. ft. of floor area. Definitions of
floor area ranged from the seating/public counter area to the entire building.
This ratio typically is listed for drive-in restaurants within most
ordinances, meaning the older style, A&W type drive-in with car hops which
usually had no interior seating or service areas.
Below is a sampling of various ordinance parking standards for class II, fast
food type restaurants.
. Prior Lake/Lakeville
1 stall per 15 sq. ft. seating/counter area
598 sq. ft. + 15 =
40 stalls
. Brooklyn Park
This City also had a 1 stall per 15 sq. ft.
ratio but applies it only to the older style
drive-in. Their ratio for fast food
restaurants is:
1 stall per 35 sq. ft. of seating/counter area
598 sq. ft. + 35 = 18 stalls
. savage/Chaska/Eden Prairie/Apple Valley
1 stall per 3 seats (Savage has a 1 stall per
20 sq. ft. standard for drive-ins but uses the
seating standard for fast food restaurants) 14 stalls
4
. Minnetonka
1 stall per 60 sq. ft. gross floor
1600 sq. ft. + 60 z
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 z
16 stalls
. Burnsville
1 stall per 50 sq. ft. of floor area plus
1 stall per employee on largest shift
1600 sq. ft. + 50 = 32 + 7 employees
39 stalls
. Plymouth
1 stall per 2.5 seats plus 1 stall per
15 sq. ft. counter area
(40 seats + 2.5) + (165 sq. ft. + 15 sq. ft.)
27 stalls
The communities checked varied from 12-46 stalls for the proposed facilities.
Those listed above range from 14 to 40 stalls with Prior Lake being at the top
end of the range. Typical averages are 22 to 27 stalls. The proposed parking
is for 27 stalls. This is compatible with the standards of Minnetonka and
Plymouth which are based on two different methods of calculations (building
area and seating/counter area respectively). The proposed 27 stalls is also
similar or greater that the other comparable Subways currently in operation.
The following comments relate to the standards to be met for a variance
approval. Even though the ordinance states that all of the following
requirements must be met, items 3 and 4 should take an overriding precedent.
1. Literal enforcement of the ordinance would only result in an undue
hardship with respect to the property in that unnecessary
additional land would need to be acquired to provide parking in
excess of that appropriate for safe and reasonable operation of
the proposed use.
2. There is no hardship unique to the property.
3. The hardship is created by the parking provisions of the ordinance
and is not the result of actions by persons having an interest in
the property. Earlier discussion points out that the current
ordinance is likely outdated and excessive in its parking
requirements for this type of use.
5
4. The variance is believed to be in the spirit and intent of this
ordinance, produces substantial justice and is not contrary to
public interest. The ordinance intends to provide adequate off-
street 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.
6
DEVELOPMENT DATA
proposed Building Area
Lot Coverage of Building
Parking Required
1 stall per 15 sq. ft. customer
598 s.f. + 15 + 40 stalls
parking proposed
std. stalls 9' x
handicap per ADA
total
Zoning Standards
Minimum lot area
Minimum lot width
Minimum Yard Setbacks
Front
Side
Rear
parking/Drive Lanes
. 20,098 t sq. ft.
. B-1 Limited Business
. B-1 with C.U.P. for
fast food restaurant
. 1600 t sq. ft.
. 7.96'
. 40
area
Site Area
Existing zoning
proposed Zoning
. 27 (variance)
18' - 25
stds. -2
27
. 20,000 sq. ft.
. 120 ft.
. 30 ft.
. 15 ft.
. 30 ft.
Oft.
LEGAL DESCRIPTION
The southwesterly portion of that part of the West Half of the
Southeast Quarter of Section 2, Township 114, Range 22, Scott
. County, Minnesota and that part of the East Half of the Southwest
Quarter of said Section 2, lying northerly and easterly of the
northwesterly right-of-way line of State Trunk Highway No. 13,
southeasterly of the southeasterly right-of-way line of Old Trunk
Highway No. 13 (Duluth Avenue) and southwesterly of the following
described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter, distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road: thence deflecting to
the west at an angle of 92 degrees 32 minutes 00 seconds along
said south line of a Town Road a distance of 652.15 feet more or
less to the intersection with the northwesterly right-of-way
line of State. Trunk Highway No. 13; thence continuing on an
assumed bearing of South 87 degrees 39 minutes 52 seconds West
along said south line of a Town Road, a distance of 759.70 feet
to its intersection with said southeasterly right-of-way line of
said Old Trunk Highway No. 13 (Duluth Avenue); thence
southwesterly along said southeasterly right-of-way line along a
non tangential curve concave to the northwest having a radius of
1185.41 feet a chord bearing of South 22 degrees 39 minutes 47
seconds West an arc length of 231.50 feet to the point of
beginning of the line to be described; thence South 60 degrees
00 minutes 00 seconds East a distance of 310 feet more or less
to said northwesterly right-of-way line and there terminating.
LANDOWNER
Norman Barsness Estate Trust
c/o Bob Barsness
Prior Lake State Bank
16677 Duluth Ave. s.!.
Prior Lake, MN 55372
phone: 447-2101
APPLICANT/DEVELOPER
Davann, Inc.
Brad and Mary Busse
1420 Mallard Court
Chanhassen, MN 55317
Phone: 448-5710
SURVEYOR
Valley Surveying Co., P.A.
16670 Franklin Trail S.E.
Prior Lake, MN 55372
Phone: 447-2570
ARCHITECT
Michael J. Wilkus Architects
14180 W. 78th Street
Eden Prairie, MN 55344
Phone: 949-0985
PLANNER/ENGINEER/LANDSCAPE ARCHITECT
.Westwood Professional Services, Inc.
14180 W. 78th Street, Suite 220
Eden Prairie, MN 55344
Phone: 937-5150
i :- "':.'); ,.J" ~
P!Dt
~-3~
-
-
CITY OF PRIOR LAKE
APPLICATION FOR VARIAN:!
Applicant: Davann, Inc.
Address: 1420 Mallard Lane: Chanhassen. MN 55317
Property Owner: Norman Barsness Estate Trust 55372
AddresS: c/o Prior Lake Stat~ ~nk :...J.6677 D~~~f~ Av~.
Type of Ownership: Fee Prior La e CdHtract
Oonsultant/Contractor:Westwood Professional Services
14180 W. Hwy 5
Eden Prairie, MN 55344
Bome Phone: 448-5710
WOrk Phone: 44R-~71n
Home Phone: -------
SEWOEk Phone: 447-2101
Purchase 1'.greenent x
Phone: 937-5150
Existing Use
of Property: Vaeant
Legal Description
of Variance Site: see attached descriPtion
Variance Requested: Building setback variance from 50 feet to 34.95 feet
adjacent to Hwv. 13 and from 85 feet to 74 feet adiacent to Duluth Avenue.
(see attached narrative)
Bas the applicant previously sought to plat, rezone, obtain a variance or conditional
use peIJDi.t on the subject site or any part of it? Yes x R>
What was requested:
When:
Present Zoning:
B-1
Disposition:
Describe the type of improvements proposed: site plan approval for a free-standing
subway restaurant.
&JBMISSION REUJIREMENTS:
(A)CaDpleted application fom. (B)Filing fee. (C)Property &1rvey indicating the
proposed developnent in relation to property lines and/or ordinaty-bigh-water mark;
proposed building elevations and drainage plan. (D)Certified fran abstract fim,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Canplete legal description & Property Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 1--20 '-50' showing: The site deve10pnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY OJMPLETE APPLICM'IONS saALL BE ~J.'w AND REVnMD BY THE PIANNINi a:HotISSION.
To the best of my knowledge the infotmation presented on this fom is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requiranents for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance. ~t:l6 4. ~
. / ~ lIpplicants S~ture
SJl::mitted this J2day of ' 19 '1.2.
Fee <Nners Signature
THIS SPACE IS 'ID BE FILLED our BY THE PLANNIro DlREcr'OR
PI..ANNnX; a::t1MISSION
CITY COUN:IL APPEAL
<DNDITIONS:
APPROlED
APProvED
DENIED
DENIED
DATE OF HEARINi
DATE OF HEARINi
Signature of the Planning Di rector
Date
09;18"92 10:10
F.tI 612 ~~i ~2~3
eIn PRIOR UKE
7:.0';;' ,.-'
iii 003
~ ---
C!.T'I Of PRIOR LAKE
APPLICATION roR VARIANCE
.. V'A.--
PIDt
Davann, Inc.
Bane Phone:
Work Phone:
Sane Phone:
448-5710
448-5710
447-2101
chase Agreanent x
Existing Use
of Prcpertyl Vacant Present Zoning: B-1
Legal Description
of Variance Site: see attached descriotion
Variance Bequested: reduction in oarkin~ from 40 reauir~q bvCft~.. <?.F~diqance to a
w". demonstrated need of 27 . . .
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use pemit on the subject: site or any part of it? Yes x No
What: was requested:
When: Disposition:
Describe the ;ype of improvements proposed:
Sub~av restaurant.
site plan approval for a free-standing
.-.~. ".A.','-:P.J ...'....,~_~. .~-..-. .~.;e.~""'i? .
SOBMISSION ~:
(A)Comp1eted application tom. (B)Filinq fee. (C) Property Suvey indicating' the
proposeO cwelopnent in relation to property lines and/or ordinaty-high-water mark;
ptQP'6eC building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of pr0p9rty owners within 100 feet of the exterior boundaries of
the subject property. CE)Complete legal description << Property Identification Number
(PIC). CF)tleed restrictions or private covenants, if applicable. CG)A parcel nap
at 1"-20'-50' shewing: The site developnent plan, buildings: parkinq, loadir.g,
access, surface drainage, landscaping iiU1d utility service.
ONLY COMPLETE APPLICATIONS S!ALL BE ACCeYrED AND REVIEWED BY 'l'HE PLANNIm CJ:t.iMISSION.
To the best of my knowledge the infomation 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
procedurllS as outlinad in t:ha Oll!inance. ~~~
AA . Applicants gnature
&11:mitted this &&.y of /1~-,19'JJ.
Fee OWners Signature
'lmS S?ACE IS 'It) BE FILLED 00l' BY mE PI.ANNIN3 DIiECroR
lUNNING Ol-1MISSION
Cl'1!':l COtJN:IL APPEAL
CONCmONS:
APPBCmD
APPIOlED
DENIED
DENIED
Ci\1'E OF HFARIm
DATE OF BFARIN:i
....-: ...... .'.' "t.. ...... . .~.~.
-
,,.......,,. ,~~l)_ . "'I _
Signature ot the Plannir.g 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 -
(Duluth Avenue S.E.)
85 feet, measured from the centerline of the
existing traveled roadway, in platted areas with
utilities
- Highway 13 -
50 feet from the right-of-way line
The requested front yard building setback variances would be:
1. From 85 feet to 74 feet from the collector street (Duluth Avenue
S.E.)
2. From 50 feet to 34.95 feet from Highway 13.
The following comments relate to the standards to be met for a variance
approval.
1. The literal enforcement of the ordinance would create an undue
hardship with respect to the property in that the size and shape
of the parcel limits reasonable site layout alternatives due to a
curve along the westerly boundary adjacent to Duluth Avenue. This
has forced the building to be located closer to Highway 13 than
the minimum 50-foot setback. The building location is a result of
locating the site vehicle entrance to the easterly side of the
site as far from the intersection of Duluth Avenue and Highway 13
as is possible to avoid potential traffic conflicts.
2. Such unnecessary hardship results because of circumstances unique
to the property. See discussion above.
3. The hardship is caused by provisions of the ordinance and is not
the result of actions of persons having interest in the property.
The Duluth Avenue alignment was determined by earlier governmental
decisions. The lot width and area provisions of the ordinance
have dictated to a great degree the subdivision of the property.
4. The variance observes the spirit and intent of the ordinance,
produces substantial justice and is not contrary to the public
interest. The setback variances are minimal (11 feet along Duluth
Avenue and 14.95 feet along Highway 13). Site design attempted to
maximize the setbacks where possible. The variance along Duluth
Avenue is only for a small corner of the building_ The front yard
building setbacks do meet or exceed the B.1 standards. The
setbacks provided for the driveways and parking areas (5-18 feet)
are well in excess of that required (0 feet). This setback area
is used to provide landscaping and buffering that typically has
not occurred in Prior Lake. This variance will not create an
undue hardship on the health, welfare or safety of the general
public.
(EXi~ting Single Family
Re.'lidentia~
/
/
I ;s-
/ -S'
/ .<:).::i
/
/
/
/
I
/
(Adjacent Vacant B-1 Parcel
I
/
/
/
/
/
/
/
I
l-
I
I
I
I
i
I
I
I I
/ /
I /
I
rJ I
, I
-- I
Anna
Trail
- --.......
'"
)
I
I
\
\
\
\
\
\
\
,
\
\
\
I
/
I
/
85'
I
I
I
I
I
\
\
\
\
\
\
\
\
\
"-
...........
/'
/'
.-/
...-
/'
\';
.-/
.-/
.-/
.-/
.-/
/'
.-/
.-/
.-/
.-/ .-/ ~~'3-~
/' ~\~
,/
....... -
--
"SU09PN"
NOTICE OF SUBDIVISION PUBLIC HEARING
FOR BUSSE FIRST ADDITION
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4629
Dakota Street S.E., on Thursday, February 4, 1993 at 7:35 p.m.
The purpose of the public hearing is to consider the
BUSSE FIRST ADDITION, into two commercial lots.
description of the property is as follows:
subdivision
The legal
LEGAL DESCRIPTION:
That part of the West Half of the Southeast Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota and that part of
the East Half of the Southwest Quarter of said Section 2, lying
northerly and easterly of the northwesterly right-of-way line of
State Trunk Highway No. 13, southeasterly of the southeasterly
right-of-way line of Old Trunk Highway No. 13 (Duluth Avenue) and
southwesterly of the following described line:
Commencing at a point on the east line of said West Half of the
Southeast Quarter distant 1940.80 feet north of the southeast
corner of said West Half of the Southeast Quarter, said point
being on the south line of a Town Road; thence deflecting to the
west at an angle of 92 degrees 32 minutes 00 seconds along said
south line of a Town Road a distance of 652.15 feet more or less
to the intersection with the northwesterly ri~ht-of-way line of
said State Trunk Highway No. 13; thence continulong on an assumed
bearing of South 87 degrees 39 minutes 52 seconds West along said
south line of a Town Road a distance of 759.70 feet to its
intersection with said southeasterly right-of-way line of said
Old Trunk Highway No. 13 (Duluth Avenue); thence southwesterly
along said southeasterly right-of-way line along a nontangential
curve concave to the northwest having a radius of 1185.41 feet a
chord bearing of South 22 degrees 39 minutes 47 seconds West an
arc length of 231.50 feet to the point of be~inning of the line
to be described; thence South 60 degrees 00 mlonutes 00 seconds
East a distance of 310 feet more or less to said northwesterly
right-of-way line and there terminating.
Or more commonly described as:
Approximately 1.3 acres lying north and east of the intersection
of S.T.H. 13 and Duluth Avenue and located west of the Prior Lake
State Bank Building.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will acce~t oral
and or written comments. If you have questions regard long this
matter, contact the Prior Lake Planning Department at 447-4230.
/J);JJ#tO-A A~
Deborah Garross
Assistant city Planner
To be published in the Prior Lake
25 and February 1, 1993.
American
on Monday, January
~
r------ ~--
/ ------~
/ ..." pA' /
/ t/~' · '"---_o-
j /+/ MAR\.lIJ;;:rr;;: /~ ~ --------
- ~':. - / ------ ~ --------------------------
/ -',.- ~~ ~~ ~
'.04, ~ -
~... ----------' ~
......... '" ............... ~ - -
4 ~ ~.-~
" =_-:.::=.--~
........... ./. -_0I~-
~E! _01
:- ~ -:::'L;..;,..
,.. ... .. .::;.. '::
PffEPAR
BRAO ~SSFOR:
1'1110* E
CHANHAJtttRO COfRT
. W<I. 553/4
""E_
Vo/Iey D fI'(,
'"10 ~1ttJ Co ..
,.",OR ~IN TRA ~ .,.04.
t/llllJ ...7 _ z,':,. ,~'7lE.
/
o
...
E
....LW
/ I EXPANDED
! I BUSSE PREUMINARY P
_,........ .._._ \ FIRST ADDIT tAT OF \
_ _._- \ .ION
"02 - A I, N~ I · I ~- \ --........ \ ~ \\ .... _n \ -. ....- ...... "" "1.1- ""
_LilKj_ '~:ii:5~~> "v// </
~~~"
'i.
!.
:~-----
ANN"-
:,R:~R
",. ....,.,.,...
-- --- -- ----
TRA::'
..
..
,rrJ
- - ------ - ---"\
/
/
,'/
,t' .
"
/
"
_~:<z
..~~.~TC.
6A::l<
~I I:J :,jJ'jf-Jf
J~ f~IJ' IJJ1f,JI1-
.J ("IJII
JI ill ijjJI II.'
If !f j 1!:f.fl~i:J
1. J,'I 'f I II'
)1 t=:I'1 fi,li:'!I;
11 II i fll'I!!I!
II ~f~1 1.ltl lIt!
ij liil ililil,llj
ii I'l! !1::I;fl~J
II11 .:!J ii~~f:il~J!
IJJ; JIll '~I~I
' J ,. 'f.l I' I f
!t; ~~Ji !If';!~111JI
:JiJl till f'llill~i~I~8!
21 Iii; J hl.hJ
o
-
I-
-
2J
<(I
J
I-J
<ni
O::g
G:I
J
'i
.
::> d;
Ql
: J
Ii j.
j~ ~
I' J !
;1 J
,I j:
,I I I 1
I! I'
.j I,
I! .,
j! !i L
'1 jJ J
ii f) I
.1 JJ
H HI
'I!
I
f
I
n.
n
,) !~
II _~
· 'UI
i 1.(.
I Iii"
. 'fl.
I "
1, .I !iil
i ! I~f;
i I!:~
I 'In
II Ili!l
fl H~II'
1 J.II
aI f:'
I ' '111'
JJ I J:!.I
I IIi .;hl
"Itl
".",
. ~t; lI,l,
.,~'
~.
i~
.'
~~
I I
.1
".1
1 I
I I
r I J I
i' '1 I
J ,I II
'J j J;
fi .1
J ,
I J I
I) i
j' i
If !
.J j
hi f~
"- 'I
IIi M
Or
(J)
J~ I
11 !
U
. II i i
Ii I
~ i I
., : 'I
f. J I !
r. ! i '
!l I !
:; il OJ
Ii. IJ 1,1
'ii I II I)
:d .. 1:1 ci
Q,;
8
/ 1
t
~
"
j
I
"VA35PN"
NOTICE OF HEARING
FOR
CONDITIONAL USE PERMIT AND VARIANCE APPLICATION
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on: February 4, 1993 at 7:35 p.m.
PURPOSE OF HEARING:
To consider a conditional use permit and variance application for
Davann, Inc., 1420 Mallard Lane, Chanhassen, MN 55317.
SUBJECT SITE LOCATION:
Vacant parcel located southwest of Prior Lake State Bank and
northeast of the intersection of Duluth Avenue and S.T.H. 13. If
the proposed subdivision of Busse First Addition is approved, the
subject site would be Lot 1, Block 1, Busse First Addition. (See
enclosed subdivision notice and map for reference.)
REQUESTED ACTION - CONDITIONAL USE PERMIT:
The applicant proposes to construct a "Subway" restaurant on the
most southwesterly corner of the property. The proposal is to
develop a 1600 square foot, 40 seat Subway restaurant with 27
parking stalls and a drive-thru window. Access will be from
Duluth Avenue approximately 270 feet north of Highway 13. The
building is proposed to be located on the west side of the site
with parking to the east, away from Duluth Avenue and adjacent to
an undeveloped commercial parcel.
The subject site is zoned B-1 Limited Business which is intended
to provide commercial opportunities for office, retail and
service establishments. The "Subway" restaurant is considered to
be a fast food establishment and as such, requires that a
conditional use permit be granted before construction can begin.
The purpose of a conditional use permit process is to evaluate
the "Subway" proposal and to allow the City to place special
restrictions on the business in order to reduce negative impacts
to adjacent properties. The "Subway" 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. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
....
REQUESTED ACTION - VARIANCE APPLICATION:
In order to build the "Subwa~" restaurant as J?roposed, the
applicant requests the follow1ng setback and park1ng variances:
The required setback from the centerline of Duluth Avenue is 85
feet. The applicant requests an 11 foot variance from this
standard in order to locate the building 74 feet from the
centerline of Duluth Avenue. The required setback from S.T.H. 13
right-of-way is 50 feet. The applicant requests approval of a
15.05 foot variance from the standard in order to locate the
building 34.95 feet from the right-of-way line. The Zoning
Ordinance requires 40 parking spaces for the proposed building.
The applicant requests a variance to allow 27 parking stalls
instead of the required 40 stalls.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Plannin9 Commission. For more information, contact the
Prior Lake Plann1ng Department at 447-4230.
Prior Lake Planning Commission
DATE MAILED: January 19, 1993
't
'l'
~
.
;
@!.- . .,.~ ~!;'N . &ouTH
~
.
c ','"
....
"
;
"
"
"
"
@~~~!;'N . NO~TH
....c.
Ii
"
I~
J
G>
L
-.-
1
~
d: \
J \
\
J \ ~
\ .
\
,
,
'\\
\
\
\
\
..... \
\
\
\
\
\
\
I
I
- I
-, I
b -- /
-- /
J -- _/
.-- ------~----
If -
"'
\ --
i U .r /-- ----------