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HomeMy WebLinkAbout7A - Appeal of CUP Fuel Station16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: APRIL 4, 2005 7A DANETTE MOORE, PLANNING COORDINATOR AGENDA ITEM: CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE A CONDITONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION IN THE C-2 (COMMUNITY BUSINESS) ZONING DISTRICT. (CASE FILE NO. 05-127) INTRODUCTION: History. On February 28, 2005, the Planning Commission approved a Conditional Use Permit to allow a motor fuel station in the C-2 (Community Business) Zoning District, on property located on the east side of CSAH 83, south of CSAH 42, and north/west of Wilds Path. The site has been zoned for commercial development since 1995. A brief history of the site and the surrounding roadways is attached. The Planning Commission held a public hearing for the CUP application on January 10, 2005. At that time, the Planning Commission closed the public hearing and directed staff to create a resolution denying the CUP application. The applicant subsequently withdrew the application and held a neighborhood meeting (February 22, 2005). The applicant submitted a revised CUP application and notification was given for a February 28, 2005 Planning Commission public hearing. After the February 28, 2005 public hearing, the Planning Commission approved the CUP (3-2), with conditions. Backc~round: Section 1108.219 of the Zoning Ordinance permits any owner of affected property within 350 feet of the subject property to appeal the decision of the Planning Commission to the City Council. On March 4, 2005, Dean and Carrie Boegeman, who live within 350 feet of the subject site, appealed the Planning Commission's decision (attached). Many comments and concerns were expressed at the Planning Commission public hearing. In preparation for the appeal before the City Council, staff has accumulated additional information. Our findings are included in the attached March 28, 2005 memorandum and attachments. Councilmember Joe Zieska has submitted a letter confirming that he will recuse himself with respect to this agenda item based upon a disqualifying conflict of interest. 1:\05 files\05 appeals\kwik trip cup\cc ~t~l~fpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 DISCUSSION: Current Circumstances: The property is zoned C-2 (Community Business) and is guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map. The C-2 Zoning District allows motor fuel stations by conditional use. The 3.3 acre site is proposed to contain the following elements: · A 4,825 square foot convenience store. · 10 fuel pump stations with an overhead canopy · A 2,805 square foot carwash. The proposed site plan will meet setback requirements (attached). The carwash will be required to adhere to conditions detailed in the City Code, and maintain hours of operation between 6:00 am to 10:00pm, unless the service doors to the facility remain closed. Section 1102.1003(1) of the Zoning Code allows a motor fuel station as a conditional use in the C-2 district. The use is subject to the following conditions: a) A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting "R" Use Districts, except that no wall shall be required within the required front yard. b) All pump islands, air dispensers and other service devices shall be installed at least 12 feet off and toward the interior of the lot from any required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of 8 feet will be installed in the required yard. c) All parking and paved areas shall meet the grading, design, and landscaping requirements of subsection 1107.200. d) All on-site utility installations shall be placed underground. ¢) No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires, and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 1:\05 files\05 appeals\kwik trip cup\cc report.doc Any canopy and canopy support system shall be constructed using architectural design materials which are compatible with the principle structure. No public address system shall be audible from any property located in an "R" Use District. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is approximately 3.3 acres. Existing Use:' The property is currently vacant. Topo_~raphy: The site is relatively fiat. Veqetation: No trees or vegetation is present on the site. Wetlands: According to information on file at the City, no wetlands are present on the site. Adjacent Existing Uses~ Land Use~ and Zoning: Existing Use Land Use Zoning Designation West Agricultural C-HG Agricultural East Wensmann 4th Addition, R-HD (Urban High R-2 and Town Homes Density) South North Agricultural/Single C-CC (Community R-1 Family Home Retail Shopping) ISSUES: At the January. 10th and February 28th public hearings (minutes attached), issues related to traffic, sale of alcohol and tobacco products, and impacts to the adjacent residential area were discussed. Facts related to these issues are outlined below: Traffic: A traffic study completed in February of 2005 (attached) focused on the following three aspects: 1) Daily weekday trip generation for the proposed Kwik Trip site and other expected development in the area. 2) Expected daily weekday volumes on Wilds Path at the intersections of CSAH 83 and CSAH 42. 3) Operation of the intersection of Wilds Path and Cougar Path. The study found that the Kwik Trip site will generate an estimated 1,530 trips (average weekday). Specifically, at the corner of Wilds Path and Cougar Path it is anticipated that the Kwik Trip site will create a volume of 133 trips during the p.m. peak hour of a weekday, which is below capacity. The study did conclude that safety could be increased at the intersection of Cougar Path/Wilds Path by removing the existing raised 1:\05 files\05 appeals\kwik trip cup\cc report.doc center median and installing striping in its place. Striping would delineate a 100 foot left turn lane for the east approach of Wilds Path at CSAH §3, and a 70 foot left lane for the west approach of Wilds Path at Cougar Path (schematic attached). In 2001 a study of the area roadways was conducted. The purpose of the study was to establish pavement depth and design requirements. The study concluded that Wilds Path would accommodate an Average Daily Traffic Volume (ADT) of 5,640 trips'. In comparison, the recently submitted traffic study concluded that 5,520 trips are anticipated once the commercial and residential areas are completed. Wilds Path was designed with the anticipation of traffic that would be generated by the commercial uses (up to 9,000 trips per day). A typical city street is commonly 32 feet in width. However, in the case of Wilds Path, the street was constructed at a 38 foot width, to accommodate the residential and commercial uses of the neighborhood. In addition to traffic volumes, issues were raised about access points. Some of the options discussed have involved making Cougar Path a right in-right out only access; making Cougar Path a one-way street; and relocating a proposed Kwik Trip access point. Staff has concerns related to altering access to Cougar Path and impeding emergency fire/medical access to the residential neighborhood. The Planning Commission did not direct the applicant to amend the proposed site in response to these discussions. Sale of Alcohol and Tobacco Products: The applicant has expressed intent to sell 3:2 alcohol and tobacco products at the Kwik Trip site. The applicant will be required to obtain licenses to allow for the sale of alcohol and tobacco products. In order to obtain the required licenses, the applicant must demonstrate that it can adhere to City and State guidelines, such as training, and demonstrated screening of minors. In addition, the City will conduct yearly compliance checks to evaluate the enforcement of the sale of these products at the site. Impacts on Adiacent Residential Areas: In response to concerns raised by residential property owners within the vicinity of the Kwik Trip site, the applicant has proposed revising the project to include the following: An increase in the width of the boulevard surrounding the Kwik Trip project along Wilds Path, which would allow for an increased area to provide additional screening. Increased screening along Wilds Path with the combined use of a berm and decorative retaining wall. In relation to 1:\05 files\05 appeals\kwik trip cup\cc report.doc the elevation of the sidewalk along Wilds Path, the berm would extend two additional feet (2') in height at its lowest point and increase to three feet (3') at its highest point. In addition, at the highest point of the berm a decorative retaining wall would be constructed that would provide an additional three (3') feet of screening. The retaining wall can not exceed four feet (4'), as it would be considered a structure and would not meet structure setback requirements. The applicant will also be required to provide adequate landscaping along the berm/retaining wall to meet the code requirements. The reduction of signage. This involves the removal of the pylon sign and wall signs facing the residential area along Wilds Path. A fence and additional landscaping along the eastern edge of the proposed car wash exit area, to provide increased buffering from dryer noise. Modifications to the gas-pump island canopy. Originally, the applicant had proposed a flat roofed canopy (20 feet in height). As an alternative, the applicant is proposing a pitched roofline with asphalt shingles, to appear more consistent with surrounding roof tops. CONDITIONAL USE PERMIT FINDINGS: Section 1108.200 of the City Code sets forth the general criteria utilized to review a CUP application. The way in which this proposal meets these criteria is shown in bold lettering. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." The Kwik Trip is located within an area designated for Community Retail Shopping (C-CC) uses. The C-2 zoning is consistent with that designation. According to the Comprehensive Plan, the C-CC category "envisions centers of a larger scale, serving a broader area which may be proximate to residential development, but which by design and appropriate limitations on the type and intensity of uses, feature effective transition to residential areas, vehicular access and aesthetic harmony." Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety, health and welfare." 1:\05 files\05 appeals\kwik trip cup\cc report.doc The CUP process affords the opportunity to mitigate any potential impact on the adjacent properties, by placing conditions on the use. Such conditions include hours of operation, landscaping requirements, and lighting requirements. The applicant has offered to take the five additional steps outlined above to mitigate such impacts identified by the neighbors. This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. The road adjacent to the site is built to accommodate commercial traffic. Noise impacts, especially from the carwash, are mitigated by limitations on their hours of operation and by additional buffering offered by the applicant. Finally, the Police Chief, having reviewed 24 months of police calls to other similarly situated gas stations within Prior Lake has not been able to find any evidence of a correlation between convenience stores and increased crime rates. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. The property has been designated in the Comprehensive Plan for commercial uses since 1995. The R-4 zoning of the adjacent property was specifically applied in order to provide a transitional area between the commercial uses, the higher volume road, and the lower density residential uses. The impact on the townhomes can be mitigated by placing specific conditions on the CUP relevant to those impacts. (4) The use will not have undue adverse impacts on govemmental facilities, services, or improvements, which are either existing or proposed. So long as all conditions of approval are adhered to the uses will not over burden municipal facilities. The adjacent road was designed and constructed specifically to accommodate commercial uses. 1:\05 files\05 appeals\kwik trip cup\cc report.doc (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The R-4 zoning of the adjacent property was specifically designated in order to provide a transitional area between the commercial uses, the higher volume road, and the lower density residential uses. The impact on the townhomes can be mitigated by placing specific conditions on the CUP relevant to those impacts. Noise impacts, especially from the carwash, can be mitigated by hours of operation. Finally, the staff has not been able to find any evidence of a correlation between convenience stores and increased crime rates. As of this date, five of the 124 townhome units have been sold, with one directly across from the proposed Kwik Trip site. The majority of the 124 townhome future buyers will be aware of the Kwik Trip installation before they make the purchase. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. In order to mitigate the impact of the use, additional screening and buffering along the perimeter of the property and adjacent to the carwash exit doors will be provided. The applicant must submit a final plan for staff approval. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans, shall be included as part of the conditions set forth in the CUP approved by the City Council. The Plans have been prepared by a civil engineer. (8) The use is subject to such other additional conditions which the Planning Commission may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are 1:\05 files\05 appeals\kwik trip cup\cc report.doc CONCLUSION: ALTERNATIVES: more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the Planning Commission. With the proper conditions, this use is consistent with the Comprehensive Plan and the Zoning Ordinance. The Planning Commission attached conditions they deemed appropriate to protect the general welfare, public safety, and neighborhood character. The proposed motor fuel station is allowed in the C-2 district with approval of a conditional use permit. In order to meet the above-listed criteria, the Planning staff recommended the following conditions: 1. Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. 2. Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. 3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. 4. Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. 5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm. 6. All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. 7. The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. 8. The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. 9. The applicant shall obtain sign permits to assure proper signage size and placement. 10. Deliveries shall be limited to the hours of 6 am to 10 pm. The Planning Commission approved Resolution 05-02PC. This resolution includes the nine conditions recommended by staff, and a 10th condition, as follows: Deliveries shali be limited to the hours of 6 am to I O pm. The City Council has three alternatives: , Uphold the decision of the Planning Commission and approve the CUP with conditions. Attached City Council Resolution 05-XX is consistent with this action. 1:\05 files\05 appeals\kwik trip cup\cc report.doc 16200 Eagle Creek Avenue $.E. Prior Lake, MN 55372-1714 RESOLUTION 05-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION IN THE C-2 ZONING DISTRICT MOTION BY: SECOND BY: WHEREAS, Kwik Trip requested a conditional use permit to establish a motor fuel station on the property located on the southeast corner of CSAH 42 and CSAH 83, zoned C-2 (Community Business), and legally described as follows: WHEREAS WHEREAS, Lot 1, Block 1, Wilds North 4th Addition, Scott County, Minnesota; and The Planning Commission reviewed the application for a conditional use permit as contained in Case File 05-107, and held a hearing thereon February 28, 2005; and The Planning Commission concluded the conditional use permit was consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on April 4, 2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested conditional use permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions. 3) The City Council determined that the Planning Commission's decision to approve the conditional use permit subject to ten conditions should be upheld. 4) The City Council makes the following findings: a. Dean and Carrie Boegeman, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code on March 4, 2005. b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on February 28, 2005. C. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. · Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of 1:\05 files\05 appeals\kwik trip cUp\uphold resolution.doc www. cityofpriorlake, com Page 1 Phone 952.447.4230 / Fax 952.447.4245 commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. d. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. · The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. · One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. f. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. · The use will not over burden municipal facilities. g. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. · The Zoning Ordinance places conditions on the use that are intended to protect the use and enjoyment of adjacent properties in the "R" use districts. The applicant has made modifications to the site plan to assist in alleviating adverse impacts to adjacent sites. h. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. · The site will be required to have an approved buffer yard along all lot lines that abut residential sites. The applicant must submit a plan showing an increased berm height and retaining wall along Wilds Path. i. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. · The applicant has been working with the Engineering Department to meet grading and drainage requirements. Prior to any building permits, the applicant will be required to have approval of all grading and drainage plans by the City Engineer. j. The use is subject, to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. 1:\05 files\05 appeals\kwik trip cup\uphold resolution.doc Page 2 · The City Council has attached the listed conditions they. deem appropriate to protect the general welfare, public safety, and neighborhood character. 5) The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 1, Block 1, Wilds North 4th Addition o) The Conditional Use Permit is hereby approved subject to the following conditions: a) Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. b) Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. c) Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. d) Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. e) The carwash shall limit hours of operation from 6:00 am to 10:00 pm. f) All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. g) The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. h) The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. i) The applicant shall obtain sign permits to assure proper signage size and placement. j) Deliveries shall be limited to the hours of 6 am to 10 pm. 7) The contents of Planning Case File 04-136 and Planning Case File 05-107 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 4th day of April, 2005. YES NO Haugen Hau~Ten Fleming7 Flemincj LeMair LeMair Petersen Petersen Zieska Zieska {Seal} City Manager 1:\05 files\05 appeals\kwik trip cup\uphold resolution.doc Page 3 March 21~, 2005 To: Mayor Haugen, Council Members Fleming, Petersen, and LeMair I would like to formally notify the City Council of my iment to abstain from the discussion and vote on the appeal of the Kwik Trip CUP that is scheduled as an agenda item at the April 4t~ City Council meeting. As I am sure each of you are aware, I am employed by Kwik Trip Inc. For me to participate in this item would be a conflict of interest. Joe Zieska cc Frank Boyles Suesan Lea Pace KWIK TRIP I LOCATION MAP N r ........................... j/ I~ i ff ~ ~ ........................... ~ I ~ ~ ~ ' '; /I / / / / II II ' ~ JJ ii J ~J ~ J ,, ,I,,~ , ~'~ , X ,.///~'/ .~ ~ ' ~/~ ~~ , //~/ / / / /  ':~ ,~ I '~L~ ~ I / I ! / / / '' J', I~ i r~'~~~ ~ I/,1i// / I I ~ .I ~ ~ D [ I , I :  , ,11 ~ ~ ~ +" : '~I~ ~ ~~~ E _~.o~ ~1;~' . ] ~1 [ I~ ~.:.~...~ ........ =- ~ -- -i I I I t I ~-- - ~r u ~ I ' ,., , ,. J I -- ' ............... ~- , .. J J ~il~ ~ ':~-~ ', ~ ~ ~o, ~'1/ i i 7 I I ,, - // / I:1 I [ : I I I I ~" ---= .............. z , ~: ,~ : ~ · /y/// ? / / / I I ~ ' ' ,, '~ : ,,,o. ///~;~1 / / / / ',', ,' J~ / .,F/~ ./ / / / .,, ,,~ ~.~;~'/ // / Il I I e / :~ 2 ~ Proposed Kwik Trip ~2~ ~ ~ ~ ~ Mystio Lake ~ Wids Path , · [[[ J . ~ Prior Lake, MN March 3, 2005 Prior Lake City Council c/o Planning Commission 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 RE: Kwik Trip, Wilds North 4th Addition Appeal Dear Prior Lake City Council: On January 10, the Planning Commission made a motion to deny a Conditional Use Permit to Kwik Trip for their 4,825 square foot convenience store, 10 fuel pump stations and a 2,805 square foot 2-bay car wash that was to be located within the Wilds North 4m Addition. Kwik Trip pulled their request before the Planning Commission could officially deny their Conditional Use Permit, thereby avoiding official denial. Kwik Trip then re-applied for a CUP with "revisions." The only revisions made were to the building's appearance and landscaping. On February 28, many of the residents attended the Planning Commission meeting in order to express our concerns. The Planning Commission voted 3-2 in favor of the Conditional Use Permit. We are appealing the Planning Commission's decision because it is not based upon Prior Lake's Comprehensive Plan, nor does it fall within the guidelines of a Conditional Use Permit. PRIOR LAKE COMPREHENSIVE PLAN GOAL: HOUSING QUALITY AND DIVERSITY Objective 2: Maintain a choice of and encourage development of quality residential environments. i. Avoid or mitigate encroachment by incompatible land uses that can have a negative impact on the residential living environment. Oo Avoid locating high-density housing to primarily serve as a buffer or as a land use suited for absorbing negative impacts of adjacent land uses. The noise, traffic and lights of a 24-hour operation will negatively impact the townhomes located across the street from Kwik Trip. In addition, the townhomes will serve as a buffer to absorb these negative impacts on our neighborhood. This is in direct conflict with the Comprehensive Plan. GOAL: ECONOMIC VITALITY Objective 3: Promote sound land use e. Industrial and commercial centers should interface with the community rather than be developed solely to capture vehicular traffic that happens to travel through the city. f. New development should contribute to the function and success of the adjacent neighborhoods and Community. The proposed gas station does not interface with our community, but is being built for the sole purpose of capturing passing traffic from Mystic Lake Casino. If Kwik Trip were being built to interface with our community, it would not be a 24-hour operation. This gas station does not contribute to the function or success of the adjacent neighborhoods as it will pose traffic, crime and safety concerns to the surrounding residential areas and Community Park. Objective 4: Maintain high standards in the promotion and development of commerce and industry. e. Develop and maintain traffic patterns keeping industrial and commercial traffic clear of residential areas. An exit/entrance off of Wilds Path will largely contribute to an increase in transient traffic accessing our residential streets as they travel down Cougar Path to gain access to County Road 42, heading east. STANDARDS FOR CONDITIONAL USE PERMIT "The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole." "The use will not have undue adverse impacts on the use and enjoyment of proPerties in close proximity to the conditional use." The gas station is detrimental to the health, safety and general welfare of the community, as it will result in increased traffic throughout our neighborhood. Kwik Trip will have an adverse impact on the townhomes located across the street from the property, as they will be subjected to noise, traffic and bright lights through the night. Other gas stations in surrounding areas are not open 24 hours a day, nor are they within 100 feet of other residences. We were both raised in Prior Lake and have chosen to raise our family in this town because we believe Prior Lake to be a strong community, with high moral standards. We take pride in the fact that our Mayor states, "Our challenge is to make decisions today that will benefit Prior Lake in the long term. The decisions we make today shouldn't be made for convenience, but with the future in mind so that when we look back, in the year 2030, there is no doubt the decisions we made in 2005 created a better Prior Lake for the future." Sincerely, Dean and Carrie Boegeman 14178 Badger Circle NW Prior Lake, MN 55372 Chronological history of the commercial area and the road connections in The Wilds North. 1995 1999 2OO2 June, 2002 December, 2002 October, 2003 November, 2003 Apdl, 2004 20 acres at the intersection of CSAH 42 and CSAH 83 designated commercial and rezoned to B-2 at the request of the property owner. Commercial area at the intersection of CSAH 42 and CSAH 83 increased to 30 acres as part of 2020 Comprehensive Plan update. Rezoning follows in 2000. Developer requests amendment to Comprehensive Plan and rezoning on 20 acres from commercial to high density residential. Results in decrease of commercial area to 10+ acres. Council approves a preliminary plat for The Wilds North. Preliminary plat only shows residential lots. The commercial and high density areas are shown as outlots. There is no road connection between Wilds Path and Cougar Path shown. Need for road connection is identified. Council approves final plat for The Wilds North. Commercial and high density residential lots are platted as outlots. The future road connection is not platted, but is shown on future construction plans. First permits for single family home construction in The Wilds North are approved. Council approves the preliminary plat for Wensmann 4th Addition (townhomes). This preliminary plat identifies the road connection. Council approves final plat for Wensmann 4th Addition. Road connection is platted, and construction begins. 1:\05 files\05 appeals~(wik tdp cup\the wilds north history.doc BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD, SUITE TWO / HOPKINS, MN 55343 / (952) 238-1667 / FAX (952) 238-1671 22 February 2005 Refer to File: 05-12 MEMORANDUM TO: FROM: Brad Fry, Kwik Trip~,Inc. James A. Benshoo~n~d Erik Seiberlich~ Traffic Study for Proposed Kwik Trip in Prior Lake, Minnesota PURPOSE AND BACKGROUND This memorandum reports results of a traffic study we completed for your Proposed Kwik Trip development in Prior Lake, Minnesota. This study focused on the following three aspects of the proposed development. Weekday daily trip generation of the Kwik Trip and other expected development in the area. · Expected daily weekday volumes on Wilds Path at the intersections with CR 83 and CR 42, and comparison to the capacity of Wilds Path. · Operation of the intersection of Wilds Path and Cougar Path. The proposed Kwik Trip is in the northeast quadrant of the intersection of CR 83 and Wilds path, south of CR 42. The site presently is vacant and has been planned by the City for commercial development. Figure 1 shows the location of the proposed Kwik Trip development, together with land uses planned by the City on other nearby properties. Project Description The proposed Kwik Trip will consist of a 4,000 square foot convenience store, ten vehicle fueling positions and a two stall automatic car wash. There will be two access points for the Kwik Trip. One access point will be on Wilds Path opposite Cougar Path. The second access point is about 320 feet to the northeast on Wilds Path. This access point will be part of a four-legged intersection with a driveway for a residential development making up the opposite leg. Figure 2 shows the proposed Kwik Trip site plan. d / / / / / APPROXIMATE SCALE 0 60' TRAFFIC STUDY FOR IGURE 2 PROPOSED KWIK TRIP IN PRIOR LAKE, MN ~ PROPOSED SITE PLAN Mr. Brad Fry -4- 22 February.2005 · Other Nearby Development In addition to the Kwik Trip, several other types of land uses are expected to be constructed to complete development on the north side of the Wilds Golf Club. As previously shown in Figure 1, single-family residential units will be developed east of the Kwik Trip and multi-family residential units will be developed across Wilds Path to the south and east of the Kwik Trip. A shopping center is expected to be developed between CR 42 and Wilds Path to the northeast of the Kwik Trip. As we understand, the single family development will consist of 68 dwelling units, and the multi-family development will consist of 100 units. The multi-family development will be accessed from driveways on Wilds Path and Cougar Path just south of the intersection with Wilds Path. The shopping center, with an estimated size of 64,000 square feet, will be accessed from Wilds Path. Mr. Brad Fry -5- 22 February. 2005 TRIP GENERATION As indicated earlier in this memorandum, the first point to address is the weekday daily trip generation of the Kwik Trip and other expected development in the area. For this purpose, City staff anticipated that the Kwik Trip site would develop as a 24,000 square foot shopping center. From a review of the City's trip generation projections, we determined that the results were calculated using a combination of weekday and Saturday data. Given this situation and that the City's projections did not represent an expected outcome either for a typical weekday or a Saturday, we have not attempted to relate the City's projections with the total trip generation that would occur if the Kwik Trip development occurred instead of a 24,000 square foot shopping center. Rather, we have projected the weekday daily trip generation for each of the parcels in the area using the Institute of Traffic Engineers' Trip Generation, 7th Edition. The results shown in Table 1 account for the proposed Kwik Trip development instead of the previously anticipated 24,000 square foot shopping center. Table 1: Weekday Daily Tr ~ Generation With Kwik Trip Location [and Use ADT (Two-way) Outlot A, north of Wilds Path near CR 42 Shoppin[! Center 2,750 Outlot A, north of Wilds Path near CR 83 Kwik Trip 1,530 Outlot E, south of Wilds Path - various locations Multi-Family Residential 586 Along Cougar Path south of Wilds Path Single-Family Residential 651 Total 5,520 As shown in Table 1, the total planned development, including Kwik Trip, would generate 5,520 vehicle trip ends per day on a typical weekday. The Kwik Trip development would generate about 28 percent of the total trips. Mr. Brad Fry -6- 22 February. 2005. DAILY WEEKDAY VOLUMES The second point, mentioned at the beginning of the report is to determine the expected average daily traffic volumes (ADT) at the two highest volume locations on Wilds Path east of CR 83 and south of CR 42. For this purpose, the trips generated were distributed by route and direction based on observed patterns, as follows: · 40% to/from the north on CR 83 · 40% to/from the east on CR 42 10% to/from the south on CR 83 · 10% to/from the west on CR 42 In order to maintain a conservative estimate of the traffic volumes on Wilds Path, all trips generated by the identified uses were assumed to access CR 83 or CR 42 via Wilds Path, even though some of the trips, especially those generated by the single-family residential units would use Wilds Parkway instead of Wilds Path. Using the preceding trip distribution percentages, we have projected that the volume on Wilds Path just east of CR 83 will be 3,380 vehicles per day and that the volume on Wilds Path just south of CR 42 will be 2,140 vehicles per day. The preceding volumes, which together equal the total trip generation of 5,520 trip ends, are far below the 7,500 - 9,000 vehicles per day capacity of a two-lane street, identified in the Scott County Transportation Plan (May 2001). Mr. Brad Fry -7- 22 February. 2005 . OPERATION OF THE WILDS PATH/COUGAR PATH INTERSECTION The third point mentioned at the beginning of this report is to address traffic operations at the Wilds Path/Cougar Path intersection. This intersection presently has three legs, with the Kwik Trip access (north leg) not yet constructed. Each of the three existing legs provides one lane approaching the intersection. The south leg has stop sign control. A raised center median begins on the west side of the intersection and continues to the intersection of Wilds Path and CR 83, where a westbound left mm lane is provided. Analysis was performed for the intersection of Wilds Path and Cougar Path during the p.m. peak hour on a typical weekday. The p.m, peak hour trip generation for the expected uses is shown in Table 2. Table 2: Weekday P.M. Peak Hour Trip Generation Land Use ' In (~ut Total Shopping Center 115 125 133 Kwik Trip 67 66 240 Multi-Family Residential 35 17 52 Single-Family Residential 43 26 69 Total 260 234 494 Trips were assigned based on the previously identified trip distribution percentages to determine peak hour volumes for the intersection. These volumes are shown in Figure 3. A capacity analysis was conducted, which indicated that the intersection is expected to operate well within capacity; all four approaches would operate at level of service B or better. Although analysis of this intersection indicated that it will function at an acceptable level of service, an operational issue has been identified. The west approach of the intersection presently provides one lane, which will be used for left tums into the Kwik Trip site, together with existing through and right turn movements. With this geometry, eastbound vehicles would be forced to queue behind a vehicle waiting to turn left into Kwik Trip. Though the eastbound volumes are not particularly high, this situation would result in increased delays and potential for rear-end accidents. After reviewing several alternatives to resolve this issue, we have developed the recommended plan shown in Figure 4. As shown in the figure, our recommended plan involves removing the existing raised center median on Wilds Path between CR 83 and Cougar Path, and replacing it with striping which delineates a 100 foot long left turn lane for westbound traffic onto CR 83 south and a 70 foot long left turn lane for eastbound vehicles entering the Kwik Trip. While storage space for vehicles turning south onto CR 83 will be decreased, it is believed that the vast majority of vehicles at the east approach will be turning right. The eastbound left turn lane at the Cougar Path intersection will eliminate any chance of a queue backing up to or near CR 83, and will reduce the chance for rear-end collisions. CR 42 WILDS p^'rH t NOT TO SCALE NOTE: THESE VOLUMES ACCOUNT FOR FULL DEVELOPMENT OF PROPERTIES SERVED BY WILDS PATH KWIK TRIP, INC. ~'BENSHOOF & ASSOCIATES, INC. T~tANS:PORTATIONI TRAFFIC STUDY FOR PROPOSED KWIK TRIP IN PRIOR LAKE, MN FIGU!RE 3 P.M. PEAK HOUR TURNING 'MOVE ME NT VOLUMES f APPROXIMATE SCALE 0 60' WILDS PATH F ~.,,~,.,.c Y -~~,~u..~ / ...... /TRAFFtC STUDY FOR / ~ PROPOSED KWIKTRIP ~ RECOMMENDED ! 99~s.oo~^~oc~s.,.c. ! ,. ~.,o. ~, ~. ~~ou~ FO. w~s ! PATH/COUGAR PATH ~ T~NSPORTATION ~NGINEE RS ANO P~NNER8 ~ ,, ,, ~ , ,,, ~INTERSECTION ,, ,,, Mr. Brad Fry - 10- 22 February. 2005 · CONCLUSIONS Based on the information and analyses presented in this report, the following conclusions were made: The proposed Kwik Trip is expected to generate a total of 1530 trips on a typical weekday, and 133 trips during the p.m. peak hour of a typical weekday. Upon full build out of all land uses in the area of the proposed Kwik Trip, the expected weekday volumes on Wilds Path are as follows: 3,380 vehicles per day on Wilds Path east of CR 83 and 2,140 vehicles per day on Wilds Path south of CR 42. These volumes are far below the 7,500 - 9,000 vehicles per day capacity of a two- lane street, identified in the Scott County Transportation Plan (May 2001). After full build-out, the intersection of Wilds Path and Cougar Path is expected to operate well below capacity, with all four approaches operating at level of service B or better. In order to increase safety at the intersection of Wilds Path and Cougar Path, we recommend that the existing raised center median be removed. In its place lane, striping would delineate a 100 foot left mm lane for the east approach of Wilds Path at CR 83, and a 70 foot left mm lane for the west approach of Wilds Path at Cougar Path. JANUARY 10, 2005 KWIK TRIP PLANNING COMMISSION PUBLIC HEARING B. #04-136 Kwik Trip, Inc., has submitted an application for a Conditional Use Permit and Site Plan Review for Kwik Trip (Motor Fuel Station) on a commercial site located at the SE corner of Co. Rd 83 and 42. Planning Coordinator Danette Moore presented the Planning Report dated January 10, 2005, on file in the office of the City Planning Department. Kwik Trip, Inc. has applied for a Conditional Use Permit to establish a motor fuel station within the Community Business Zoning District. The site is within the Wilds North 4th Addition and is located at the southeast comer of CSAH 83 and CSAH 42. The 3.3 acre site is proposed to contain the following elements: · A 4,825 square foot convenience store. · 10 fuel pump stations with an overhead canopy · A 2,805 square foot carwash. The proposed site plan will meet setback requirements. The carwash will be required to adhere to conditions detailed in the City Code, and maintain hours of operation between 6:00 am to 10:00 pm, unless the service doors to the facility remain closed. In addition to the Conditional Use Permit, the applicant is required to have site plan approval by the City Development Review Committee. While working with the Development Review Committee, the applicant has made modifications to the site plan to limit impacts to adjacent properties. The proposed motor fuel station is allowed in the C-2 district with approval of a conditional use permit. In order to meet the criteria, the Planning staff recommends the following conditions: 1. Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. 2. Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. 3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. 4. Buffer yard requirements as outlined in Section 1107.2000 of the City Code shall be met. 5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm. Questions from the Commissioners: Perez questioned who was on the Development Review Committee. Moore responded that all department heads and some of the support staff'were involved. Billington questioned the proposed building location from the nearest structure. Moore explained how she scaled the area. There is a roadway between the residential homes and the fuel station plus the additional feet from the nearest structure. Billington questioned the grading and visibility. Albrecht responded explaining the grades and elevations. There will be minor berming and landscaping. Billington questioned the height. Moore responded it would be 20 feet to the top of the canopy. Billington questioned the landscaping. Moore explained the requirements. The applicants exceed the requirements. Billington questioned the signage. Moore responded the sign plan has been submitted and will have to come forward with an additional permit. They have not officially applied for a permit. Just looking at it, it does not look out of place with the City's requirements. Kansier displayed the proposed building signage. The applicant has also reduced signs from what is allowed. Moore stated the applicant's request meets all requirements. Perez asked if a traffic study was done. Moore said it was not required. Ringstad questioned if two accesses were too much on County Road 83. Albrecht stated the County would not permit an intermediate access at that point. Also, there is a significant amount of grade from Wilds Path on down. It would be a problem even if the County would permit it. Ringstad questioned if the two access points are typical for a project like this. Albrecht explained that originally there were 3 accesses proposed however staff disagreed and allowed 2 accesses. Moore pointed out the developer has made a number of changes since the beginning of the application. Most notably the carwash. It will be a limited use'not to disrupt the neighbors. Lemke questioned our carwash requirements. Moore responded there are conditions such as hours of operation. Perez questioned the requirements for outdoor events. Moore explained it would not be permitted. Comments from the Public: Brad Fry representing Kwik Trip thanked staff for all their work. He would be available for any questions. Billington questioned if they did a traffic count. Fry responded it was not required but he hoped it was high. Dave Peterson, 14213 Badger Circle, said as residents they pay a lot of money to live in a nice quiet golf community and now within 350 feet from his house a proposed gas station is going in. He felt it was not going to be a convenience for him or his neighbors and stated Prior Lake does not need another gas station. Peterson asked if the City knew the impact on crime and felt it was going up. Would like to see the impact on crime especially with little kids playing within 200 feet of this gas station. Peterson said he knew it was going to be a commercial area but thought the access was coming off County Road 42 or the main entrance to The Wilds. He questioned the City's benefit for putting in a gas station in that area as he didn't see any. Peterson went on to say the people who use the Casino have more of a crime record than those who do not go to the Casino. He stated there will be more crime with a gas station. If this goes through Peterson felt his house would go down in value. He also said Wensmann Homes is not disclosing what is going in this area. Peterson wanted to know what the standards are for letting consumers know what is going in. Perez explained this area is designated for a gas station. Moore went on to further explain if the applicant didn't need a Conditional Use Permit the residents would not have been notified and the applicant could have bUilt the station. Peterson said the gas station would be selling alcohol. Adding it all up there is no need for another gas station. Patrick Stevens, 14190 Coyote Circle said he was shocked to find out about the station. Stevens felt this is a dangerous traffic area. People who stop at the gas station will be coming from the Casino. The road is not well designed for this use. There is no traffic count. He has lived in the area for 8 months and has seen 3 accidents at the intersection. Stevens also questioned the traffic and tanker noise. He felt this could be a high crime area. There are a lot of kids in the area and use the streets to walk to play. Stevens stated it is a ridiculous area to put a gas station. The gas station will be a draw for kids to go in and buy candy. Jerry Thiesen with Shamrock Development stated they worked with Scott County for a long time on the access. This comer has always been considered "commercial", at least 8 years. The area was platted specifically as a commercial comer with the intention of a gas station and convenience store on this site. It is a good site to meet the needs of the neighbors. Felt badly the neighbors were not aware of this long time designation. Quite often when properties are sold the information is not transferred to those purchasing. Terry Schammel, 2812 Cougar Path NWq, said when she purchased her home it showed one entrance into the development. She later found out they were adding the entrance from County Road 83. She called Shamrock Development and was told the area would be a commercial area with lower traffic. Schammel went on to say she pays to be part of The Wilds Association but you wouldn't know it because you have to drive past the Kwik Trip to get to her house. Jed Adams, 14210 Coyote Circle, agreed with the neighbor's comments that he did not know what was going in. Adams felt it would be an eye-sore and changing the neighborhood. He is opposed to the project. Had they known they would have reconsidered their decision to move to that area. Scott Mooney, 14167 Woodchuck Trail, echoed the sentiments that this project is not for the neighborhood. He was told the area would be a "light commercial development". In his mind a gas station/carwash is not what he considered to be a light use. He did not see this fitting into the neighborhood. The access will be next to a high development area increasing traffic through the neighborhood. If the site will not accommodate access off County Road 83 then do not allow it. If this development does go through, please reconsider higher landscaping requirements. Mooney suggested higher berms and more trees such as mature evergreens. He was concerned a traffic study was not done for this project. Lighting was not brought up as it is a concern. They already look out and see the teepee lights. The residential area is becoming very commercialized. As a taxpayer he disagrees with the direction of this project. Rick Tremmel, 14171 Badger Circle, said he has a retention pond in his back yard and is concerned for the gas runoff. He cannot touch the buffer zone. All the gas runoff will flow into a pond and will cause bad affects for the water quality. He felt there should be a study done before making a decision. Steve Albrecht responded to the wetland comment and explained it was a constructed stormwater pond meant to handle and treat runoff from the Wilds North development. The County did look at the traffic studies including this area as a commercial area. That is why the County is not requiring any additional infrastructure at the intersection. They anticipated the traffic volumes it would generate. There is no specific traffic count for the gas station however, it is 36 foot-wide street. It is minor collector street with only 182 homes which is not an overuse of the street. Albrecht explained the street capacity. Again, the County did look at the traffic and did not warrant any additional improvements. Patrick Stevens, 14190 Coyote Circle, questioned the purpose of having a gas station at that particular area. Who is it suppose to serve? Applicant, Brad Fry with Kwik Trip responded they have gone over the landscape requirements as well as the building architect requirements. He also responded on the use of the Kwik Trip station - they are family owned, they are a grocery store, bakery/coffee shop and gas station. The purpose is to serve all residents and drivers using County Roads 42 and 83. Terry Schammel, 2812 Cougar Path, just heard how everyone is going to preserve Jeffers Pond. She understands growth is inevitable but they do not need another gas station especially off a residential street. The average child is under 5 years old. It is too close to homes. The public heating was closed at 8:14 p.m. Comments from the Commissioners: Billington: · There is a safety issue and a real problem with traffic with cars and movement. · There is a visual impact. · Not saying it's a bad project but has some issues with the site and will have some problems supporting the site. Lemke: · If this property was zoned something else and the applicant was asking for a rezoning I probably wouldn't approve. · At this point, it is allowed. · Support. Perez: · Understands where Commissioner Lernke is going with this but there are other uses for this. I do not feel the Findings have been met for the Conditional Use Permit. Cannot support. Ringstad: · Questioned Albrecht on the station access - The County said it is too close to permit another access. Albrecht said based on the County's overall review of the Preliminary Plat, Wilds Path was the closest access they were going to allow from County Road 42. Nothing between Wilds Path and County Road 42 is going to be permitted as part of their access control. · Kansier responded the distance from County Road 42 is just under a quarter mile - 1,000 feet. · The access is only allowed at Wilds Path is the worst case scenario. If I owned a home I would be concerned. · Kwik Trip might want to reconsider part of their plan to serve the 180 residents. They may not support the store. · However, the commercial piece c~fproperty meets the requirements. It doesn't mean if I was in the neighborhood I'd like it. · I purchased homes in and out of Prior Lake and failed to check the surrounding zoning. · "Let the buyer beware"- when any of us move, you have to go to the City and see what the neighboring properties are zoned. · Will reluctantly support. We are not asking to change the zone, it is a permitted use. · Encourage Kwik Trip to reconsider if they want the residents to be customers. Stamson: Asked staff for the theoretical argument for a CUP. Kansier explained the CUP uses are appropriate for the area but have impacts. The Findings are laid out and if the Commissioners do not find certain requirements they can lay out conditions. On this particular intersection is there a potential for another gas station? Kansier explained the designated zoning on the four comers. The Comprehensive Plan identifies them as commercial areas. It is the comer of two County roads. Feel Wilds Path is sufficient to handle the traffic. It is common in the Twin City area and this is the way stations are built. Usually there are commercial designations along the street. · Struggling with the residential area. · Questioned if the area has always been zoned residential. Kansier pointed out the comer area has always been intended as commercial. · Straggling with the Findings. Open Discussion: Perez questioned if all the Findings have to be met to approve. Kansier said all CUP requirements do not need to be met to mitigate the impact. However there can be applied conditions for landscaping, noise, lighting, signage, etc. You have to add up the positives and negatives and see what you come up with. Perez said he cannot approve not knowing the impact. There are no traffic studies. As a body we cannot say there are no impacts. That's where I struggle. Landscape does not cover safety. Kansier said if the concern is traffic, the Commissioners can ask for that information from the developer. Lemke noted nobody is going to drive up to this comer just to get gas, people will stop as a convenience driving past it. Samson explained why gas stations require a CUP. Perez asked if there are other uses for this designation that do not need a CUP. Kansier said there are several, offices, daycares, retail stores, etc. Perez felt this was not a good use for the area. Stamson said it is not any one use. It is very different than the Pike Lake Holiday Store with residential areas around it. The traffic doesn't impact it the same way. 'The problem here is the driveway comes out into the neighborhood. It is not a bad place for a gas station but it's the site configuration. The overall impact is negative to the neighborhood. Will not support. We are not short of gas stations at this time. MOTION BY PEREZ, SECOND BY BILLINGTON, DIRECTING STAFF TO PREPARE A RESOLUTION DENYING THE CONDITIONAL USE PERMIT BASED ON THE CUMLATIVE IMPACT OF A HIGH INTENSITY USE ON THE CORNER WHICH IS DIFFERENT THAN THE GOALS OF THE COMMUNITY DISTRICT AREA. THE SITE SPECIFICALLY HAS SOME FEATURES THAT CANNOT BE MITIGATED ALTHOUGH IT IS PERMITTED FOR THE DISTRICT. Vote taken indicated ayes by Perez, Billington and Stamson. Nays by Ringstad and Lernke. MOTION CARRIED. FEBRUARY 28, 2005 KWIK TRIP PLANNING COMMISSION PUBLIC HEARING A. #05206: Kwik Trip, Inc., has submitted an application for a Conditional Use Permit and Site Plan Review for Kwik Trip (Motor Fuel Station) on a commercial site located at the SE corner of Co. Rd 83 and 42. Planning Coordinator Danette Moore, presented the Planning Report dated February 28, 2005, on file in the office of the City Planning Department. Kwik Trip, Inc. has applied for a conditional use permit to establish a motor fuel station within the Community Business Zoning District. The site is within the Wilds North 4th Addition and is located at the southeast comer of CSAH 83 and CSAH 42. The property is zoned C-2 (Community Business) and is guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map. The C-2 Zoning District allows motor fuel stations by conditional' use. The Planning Commission held a public hearing for the request on January 10, 2005. Since that time, the applicant has withdrawn the original proposal and resubmitted a new application. In response to a neighborhood meeting held on February 22, 2005, the applicant has submitted an amended plan. This report has been updated to reflect the proposed changes. Since the time of the February 22nd neighborhood meeting, the applicant has proposed revising the project to include the following: An increase in the width of the boulevard surrounding the Kwik Trip project along Wilds Path, which would allow for an increased area to provide additional screening. Increased screening along Wilds Path with the combined use of a berm and decorative retaining wall. In relation to the elevation of the sidewalk along Wilds Path, the berm would extend two additional feet (2') in height at its lowest point and increase to three feet (3') at its highest point. In addition, at the highest point of the berm a decorative retaining wall would be constructed that would provide an additional three (3') feet of screening. The retaining wall can not exceed four feet (4'), as it would be considered a structure and would not meet structure setback requirements. The apPlicant will also be required to provide adequate landscaping along the berm/retaining wall to meet the code requirements. · The reduction of signage. This involves the removal of the pylon sign and wall signs facing the residential area along Wilds Path. Modifications to the gas-pump island canopy. Originally, the applicant had proposed a flat roofed canopy (20 feet in height). As an alternative, the applicant is proposing a pitched roofline with asphalt shingles, to appear more consistent with surrounding roof tops. The proposed motor fuel station is allowed in the C-2 district with approval of a conditional use permit. In order to meet the criteria, staff recommends the following conditions: 1. Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. 2. Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. 3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. 4. Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. 5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm. 6. All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. 7. The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. 8. The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. 9. The applicant shall obtain sign permits to assure proper signage size and placement. Comments from the Public: Scott Tiegen, representing Kwik Trip, gave a brief history of the Kwik Trip stores headquarted in LaCrosse, Wisconsin. They are a Christian based family- run business and would like to be good community members. Kwik Trip actually came into the business from the grocery store side related to Gateway Foods and Rainbow compared to other convenience stations coming in from the gas side. Since the neighborhood meeting Kwik Trip has made significant changes in their proposal. Their goal is to make the neighbors the best customers. They feel Wilds Path will be able to easily accommodate the anticipated traffic. Tiegen indicated there was a lot of discussion at the neighborhood meeting and they heard the neighbors' concerns. Kwik Trip redesigned their sloped roof canopy, increased the landscape screening, noise from the carwash and removed the signing along the residential side of the project. Kwik Trip felt they made changes to accommodate as much as they can and still maintain the integrity of the store. Tiegen also spoke on the noise and hours scheduled for the carwash. Tiegen said they briefly talked about alcohol and tobacco at the neighborhood meeting and explained their precautions. Tiegen stated Kwik Trip meets and exceeds all of' staff's conditions and concerns with the Conditional Use Permit. Jeremy Schammel, 2812 Cougar Path, said he did not feel Kwik Trip is an eyesore or bad company however they cannot address two of the permit conditions. Schanunel stated he is emotional and does not want this. It is a 24-7 operation selling alcohol and tobacco. The Farmington and Savage Kwik Trips had violations. It brings crime. His kids will be playing in the neighboring park. In addition the access is right across from Cougar Path. Schammel said he was disappointed when Cougar Path connected to County Road 83. Everyone knew the area was zoned commercial and it would cause problems bringing cars in. Schammel stated there were so many better uses for this land that would not bring traffic into their neighborhood. Many people will use the neighborhood streets where the neighborhood kids like to play in the street. Ninety percent of the community .has kids under the age of 10. So it will be a danger. Schammel pointed out #5 of the CUP conditions regarding "the use will not have undue adverse impacts on the use and enjoyment of property..." Schammel stated there would be beer cans in the park on Saturday morning. There will be cigarette butts everywhere. It's going to happen. Schammel stated people are going to leave Mystic Lake, go down to the gas station, buy booze and cigarettes and the park will be a natural place for them to congregate especially since Kwik Trip will keep them off their property. Unfortunately the people will go to the park. He does not want this in his neighborhood. Bob Fust, 2852 Cougar Path, wanted to echo some of Schammel's concerns. Kwik Trip has ten sites in the southwest metro area. There is only one that "dumps" directly into the neighborhood streets. He felt this was a detrimental impact to the neighborhood. They do not want a gas station/convenience store in their neighborhood. It was not the intent of the plat when the neighborhood was laid out. Emily Coleman, 2748 Cougar Path, stated they were extremely concerned with a gas station going in. They knew when they built their house it was a commercially planned area. The gas station proposal was never brought up and if they had known it, they would never have built in the area. They felt The Wilds would be a safe place to live. The sale of tobacco and alcohol are a concern for her. She stated Kwik Trip cannot control the type of customers or where they are going to go after they leave the store. Rick Tremmel, 14171 Badger Circle, stated his main concern is the people coming on and off County Road 83. Tremmel explained the traffic going back and forth to the casino. It is dangerous taking a left-had turn and its just asking for an accident. People leaving the convenience store heading toward the casino are going to be playing "chicken". Weekends are even worse for traffic. Everyone is on their way to Mystic Lake, in a hurry to lose their money or win the big jackpot. People driving over the hill have lost money and will not be in a good mood and probably driving 55 mph. This is a recipe for a bad traffic accident. Erik Plaisted, 14170 Woodchuck Trail, said his concern was for safety.' People using the gas station will not be living in the neighborhood and will speed. His concern is for the children's safety. He said he did not understand why the access had to be off Wilds Parkway. It seems inconvenient for Kwik Trip and the neighbors. Shane Foster, 2817 Cougar Path, said he just found out about this and is coming into the situation late. Had he known there was going to be a gas station he would have never built in this area. Foster stated he lost a child in an accident and did not want to have to deal with that again. He felt a large percentage of customers will drive through the neighborhood as a short cut. Theresa Nordstrom, 14195 Badger Circle, said she agreed with everyone and would not have built if she knew a gas station was going in. Nordstrom ask the Commissioners to take into consideration the neighbors feelings. She stated she did not know if she would be able to let her kids play like she would in a small town area and that is what she thought Prior Lake was. Rudy Curtler, 2661 Cougar Path, stated there were over 20 children under the age of 10 within 600 feet of the gas station. He also pointed out a park is still in the neighborhood. He felt there was a likelihood of an accident. There is also a derogation of the quality of life of the individuals using the park. Consider the facts and emotions of the residents. Kurt Krivits, 2849 Cougar Path, said he moved to Prior Lake to become part of a small town community. He lived in Eden Prairie behind a strip mall and felt there was a lot of traffic. He wants to protect his children and felt all the traffic from the gas station would jeopardize their safety. Terrie Schammel, 2812 Cougar Path, said the additional traffic will bring more crime into the neighborhood. It is bad enough fight now for our kids to play outside with the additional traffic to the park. The additional traffic brings in additional crime. Mystic Lake is a non-alcoholic facility - people coming by after being at the casino losing money - because we know it's a place where people often do not win millions. They will stop at Kwik Trip and mm around to see half a million dollar homes. If you don't think that will bring in additional crime you're crazy. Schammel understands there are legal standings behind accepting or denying this CLIP. This will adversely affect the crime in their neighborhood. She felt it was hard to raise children with the potential crime. Schammel stated she stopped into the townhomes to talk to the ladies - they didn't even want to discuss the gas station. Schammel said three of the realtors were concerned they would not be able to sell the townhome units ifa gas station went in. She stopped at SuperAmerica with 3 police cars and does not want to see that in her neighborhood. Schammel said doesn't care that Kwik Trip is a Christian family run business but it is not right for her neighborhood. A gas station can be built on one of the other three corners. Brad Fry, the engineer for Kwik Trip said the main concem they heard'from the neighborhood was "traffic". They had a traffic study done and proved that the traffic counts would be less than what the City and County had designed. Wilds Path and can handle an additional 3 to 4, 000 additional vehicles per day compared to what the mad will be designed with their site including a commercial strip mall. Kwik Trip did address what the Planning Commission wanted to hear and are okay with the traffic counts. Patrick Stevens, 14190 Circle, said it boils down to safety. Regardless if the road can handle it, it has to be safe. Any given day you can see 10 to 15 people out in the street. Think of safety first. This station will impact his family. He felt there could be better business for this location. There could be thousands of businesses coming in not going to be open 24/7. He owns two businesses and would love to have his business here. Who needs this? He is eXcited to live in Prior Lake and want to stay here. He called everyone and no one told him a gas station would be in place. Now they will have people throwing beer cans, smoking in the park, driving fast, pissed off because they lost money at the casino. He asked to consider his concerns. Mike Cassidy, 2695 Cougar Path, said his concem was that Wilds Path was never supposed to connect to Cougar Path, he would have never moved here. He moved from Savage with similar problems. Taxes will not be lowered because of the change. His concern is the value of his neighborhood. Cassidy stated he knew there was going to be commercial businesses on the comer but didn't think the road would connect to Cougar Path. Ivy Tremmel, 14171 Badger Cir, said she wrote several emails to the City Council members with Kwik Trip taking steps for the safety of their children. What is Kwik Trip .doing to decrease the potential for accidents in the neighborhood? She was concerned for the noise from tracks, carwash, beer trucks, fuel tankers, other deliveries. They do not want those trucks in their neighborhood. There is potential for crime. Kwik Trip cannot say they are not a crime-free store. There are all kinds of problems with convenient stores. She would like them to preclude selling alcohol. Vote your conscience. Jim Stanton, Shamrock Development, 3200 Main Street, Coon Rapids, said he did not want to see the neighbors unhappy, but wanted to set a few of the facts straight. He specifically gave up $137,000 to get the hill lowered on County Road 83. He also gave all the land along the road for right-of-way so the site lines were lowered and correct. It should be a relatively safe intersection stated by the engineers. It is a fact - Cougar Path was not originally connected to Wilds Path. Wensmann Homes had to change with the planning with townhomes. They did not know how it was going to be developed at the time. The County determined the access. Stanton said Shamrock did not mislead anyone. As to the street- Wilds Parkway is a wider street specifically designed for commercial use. There will be substantial traffic. It was brought up at the neighborhood meeting that Kwik Trip or the other commercial uses take direct access off County Roads 42 or 83. We can't - the County wanted 1,000 feet from the intersection. That is why some of the accesses were eliminated. He had to give up some of the other connections. It was also stated a few times that someone cai'led Shamrock Development - he did not recall talking to anyone who said a gas station would not be going in. No one would say a gas station would not go in. If they were asked what was going in, if they omitted a gas station, I'm sorry. A bank is interested in going in as well which will generate a lot of traffic. Stanton said he was addressing land uses but also wanted to comment on the alcohol concerns. He did not feel people coming back from the casino would be drinking on site at the station. The zoning is correct. He would like to see this proceed. Jeremy Schammel, 2812 Cougar Path, felt a bank would be great because it wouldn't be open 24-7. It would be a fitting use and would not object. Terry Schammel, 2812 Cougar Path, stated several residents called Shamrock and was told it was zoned light commercial - coffee shop, dry cleaners. Laura Curtler, 2661 Cougar Path, stated she loved moving to Prior Lake with its small town feel. Her main concern is with the store in close proximity of the park. She is not concerned with the alcohol and tobacco sale. She said she is worried someone would swipe her child as they drive by. Mary Mooney, 14167 Woodchuck Trail, wondered if a traffic study was done on Cougar Path. People could drive up Cougar Path just as easily as driving on Wilds Path. John Meyer, 2709 Cougar Path, said he grew up in a small town where his friend owned a Conoco station and specifically built away from a development because he was concerned with crime. Meyer stated most of us have been teenagers and at some point someone will be wrecking his property and that worries him. His other concern is to find a way close off Cougar Path which is 85% of the problem. The public hearing was closed at 7:31 p.m. Comments from the Commissioners: Ringstad: · Any alternatives to closing off Cougar Path? · Albrecht addressed the problems of closing Cougar Path - Prior to the townhomes, the outlots adjacent to their homes were developed showing Cougar Path not connected with the single family homes was to divert the traffic out of the neighborhood. If the Cougar Path was not connected, there would be significant traffic using Cougar Path up to County Road 42 as a way to get to 42. The purpose of the Cougar Path connection was to divert the high density traffic out of the residential neighborhood. If we were to close off that section, traffic would increase on Cougar Path. The traffic on Wilds Path would decrease. It would be a less desirable situation with full build-out. That was the reason for the connection. Kwik Trip was not concerned whether it was connected or not, it's not their main concern. There could be some traffic leaving Kwik Trip confused with the directions and may go down Cougar Path, it is not one of the main patterns. A traffic study was done on Cougar Path and the volumes are well below what a 32 foot street can handle and are not significant volumes. There will be some traffic that will stray, but Wilds Path will be the main path. From a safety and traffic flow standpoint, staff still feels having Cougar Path open has more benefits to the residents than closing it off. There are also issues of getting emergency vehicles down to the multifamily residents. It's a quicker way to get vehicles in off of County Roads 83 and 42. Perez: Can understand the emergency vehicles, but what the neighbors would say they would take a little more traffic on Cougar Path just to keep it closed off. · Albrecht stated Wilds Path was built as a collector street for more traffic. We wouldn't be pushing a high density residential development through Cougar Path. Taking emotion out of this and looking at it from a pragmatic standpoint of how one would minimize the most traffic in Cougar Path. That minimizes the most traffic by leaving the connection open. There are two types of traffic - Kwik Trip (and future businesses) and neighborhood. You would eliminate any possibility of cars from Kwik Trip straying through the neighborhood, however, there are going to be some, but it will be minimum. Cougar Path is not a cut-thru. Right now the townhome residents are not in the neighborhood yet - the homes are not built. That is staff's concern. · Perez said he understands but the neighborhood does not see it that way. · Albrecht explained the traffic flow would have fewer cars than with the closed off Cougar Path. Ringstad: · Asked if there were any other ideas such as making Cougar Path a one-way or extending a median where it ties into Cougar Path from Wilds Path. · Kansier displayed the median proposal- Albrecht explained the problems with closing off Cougar Path causing more accidents. · Regarding the "exit only" and "one way" scenarios - Albrecht explained they are all possibilities, however there are problems associated with them. Stamson: · Questioned how residents would get to the townhomes. Albrecht responded they would have to come off County Road 42 or Cougar Path which is still forcing traffic on Cougar Path. That was staff's concern. All the options will increase traffic on Cougar Path. They would not address the neighbors' concems for traffic. The multifamily residents would be impacting the single family neighborhoods more than it would before. Ringstad: · Bike path on Wilds Path - The amount of traffic will clearly increase on Wilds Path with or without Kwik Trip. Are there plans to put a bike path to take the walkers and bikers off the road? Albrecht stated there is not one at this time. How long has this property been zoned? Did all of this happen at once? Kansier said it has been zoned commercial since at least 1996, There was actually more commercial area cut back to allow for the townhomes and more single family homes until just a feW years ago. It has been scaled back from the original. · Attended the Wilds neighborhood meeting and drove every street and listened to everyone' s concerns. · Been struggling with emotion versus facts - called the police chief and asked if there was a connection on the increase in crime with convenience/gas stations and he said "No, there isn't any." That's fact. Emotion may say if we have tobacco and alcohol there will be an increase in crime. In talking to the police it is not what I am hearing. · There is going to be increased traffic on Wilds Path with or without Kwik Trip. · The entire strip is zoned commercial. The road is going to get busier. Right.now there is nothing on it. As evolves in the next 1 to 5 years it will fill up and traffic will increase. · There will be a strip mall there. With the increased traffic residents will have to make decisions about sending their children to the park. Again, with or without the Kwik Trip. · The property has been zoned commercial for years. It is a permitted, use within the zoning. · Will support. Billington: Believes Kwik Trip is a class act. Their businesses have been successful in other places and they make an attempt to fit into the setting. The concern is the increase in traffic. · It is a small site with a lot of traffic. It's a safety issue. There will be more homes. · In reviewing the Comprehensive Plan - this project may not fit into the perimeters in respect to the Comprehensive Plan verbiage. · There are issues with the language with the Comprehensive Plan. · Billington quoted "E" Industrial .... · Will be hard pressed to support given the circumstances of the application. Lemke: · Ringstad has echoed some of his feelings - he supported this a few weeks ago and will do so again. · · Tobacco and alcohol may not fit into your lifestyle or mine but it is legal. · This is zoned for a motor fuel station. · It is my opinion- it is not detrimental to the City. · It is myjudgrnent that the conditions have been set up by staffand have no choice but to support. Perez: Was on the other side of the fence on January 10 having denied it. Ringstad brings up there is a lot of emotion, however there are facts. I was looking at emotions the last time because we did not have facts. We have the traffic study - the street is well under what it can accommodate. It was unfortunate residents were told it was suppose to be a coffee shop. It is zoned for a gas station. And has been for a long time. Kwik Trip has increased landscaping, signage and changed what they could. The use has been brought up -just because the neighbors don't want it on this comer, it meets the conditions of the CLIP - to deny it would be very difficult. Wanted to bring up the deliveries before 6 a.m. Approve. Stamson: · Talked about the C3 zone and obviously going to be commercial. It is undeniable a commercial area being adjacent to the County Roads. What hasn't been discussed why motor fuel stations are a conditional use permit. · The problem is #5 of the Findings. The use will not have an adverse impact .... The trouble is thc 50+ townhomcs across the street. · Not worried about the traffic on Cougar Path - it is not going to bc that significant. · Concerned with the street design next to thc townhomCs. It is thc natural use of a gas station. It is going to have bright lights, traffic at 2 a.m. Most other uses in the C3 are not going to have the uses like a motor vehicle station. They close aider 5 p.m. · Gas stations are appropriate in other areas and accesses go through neighborhoods. Example- Boone Avenue in Savage. The station traffic goes through the neighborhood. · The problem I have is the townhomes sit on the activity side of thc gas station. · The people who drive past are going to be casino patrons at 2:00 a.m. It is not like other gas stations in town. That's where thc problem is. · Other traffic dies out at night. · Would have not problem with other commercial businesses but thc 50 townhomcs will have problems at night. · Will not support. Open discussion: Ringstad asked Stamson what his principal reason was to vote against it. Ringstad said he heard at the neighborhood meeting the neighbors felt they were lied to with respect with what potentially would go in on the comer. With respect to the townhomes - those individuals will have a choice whether they want to live across the street from a gas station. It will be pre-existing. There are no surprises. Stamson said it comes down to design. Is the area going to be blightedover time? It's the fact - should we build this close to this type of use - next to homes? The townhomes were platted first. We have to look at what is going in. Lemke said not a single realtor or the company developing the townhomes came tonight or previously to express that opinion. We discussed this area several years ago. It was going to be high density housing next to a commercial area. The commercial area is there and we have a permitted use. Stamson said he didn't disagree and explained his interpretation of the Conditional Use Permit. Lemke and Stamson discussed legalities. Lemke said he had not heard any legal Findings of Fact to deny it other than some people do not want it. Stamson stated crime or traffic is not an issue, nor the park. The hours of operation and drawing traffic from Mystic Lake which is another 24/7 operation is potentially a very high volume of use that is not generally at other stations. It's the impact on the closest neighbors. If the townhomes were up the road, it wouldn't be a problem. It can't be mitigated. There's not enough space to berm. Stamson said its not that Wilds Path cannot handle the traffic. Crime is not going to be an issue. People are not going to buy beer and head to the park to drink. There isn't even a parking lot. Cougar Path traffic is not going to be an issue either. It will impact the closest neighbors - the unbuilt townhomes. Moore and Kansier presented the layouts. It is closer to 150 feet from the pumps to the townhomes, about sixty feet from the property lines. Stamson suggested mitigating to limit the hours. The Commissioners discussed the additional problems with realigning the access. MOTION BY LEMKE, SECOND BY RINGSTAD, APPROVING RESOLUTION 05- 02PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION WITHIN THE C-2 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS INCLUDING AN ADDITIONAL CONDITION THAT DELIVERIES ARE LIMITED TO 6 AM TO 10 PM. Vote taken indicated ayes by Lemke, Ringstad and Perez. Nays by Stamson and Billington. MOTION CARRIED. Stamson explained the appeal process. Kansier clarified the appeal is to the specific 350 foot radius. TO: Frank Bo~les DATE: March 28, 2005 FROM: Danette Moore, Planning Coordinator RE: Questions Regarding Proposed Kwik Trip Site The purpose of this memorandum is to address some of the questions and concerns that have been posed to Council Members by neighboring residents of the proposed Kwik Trip site. If the information below creates additional questions, please let me know and we will attempt to further clarify. NOISE...How do we regulate? Carwash dryer impacts? In a case of commercial noise, the City follows State noise regulations (MN State Rule 7030). We regulate noise in relation to Decibel Level (sound pressure specifically). Largely it is going to depend on the distance of the source and the attenuation of the surrounding environment (buffering landscaping, roadway noise between the source and the area measured from, etc). If we had a complaint in relation to noise, we would measure decibel levels wJth a decimeter. If sound levels exceed allowable regulations, the activity would be ordered to cease. After talking with Brian Timerson, Noise Program Coordinator with the Minnesota Pollution Control Agency, I can offer you some comparisons of decibel levels associated with common land use activities: Sound Pressure Level (decibels) Noise Source 140 ................................................... Jet Engine (at 25 meters) 120 ................................................... Average Rock and Roll Concert 90 ..................................................... Chainsaw 80 ..................................................... Heavy Truck Traffic 70 ..................................................... Business Office 60 ..................................................... Conversational Speech (3 feet away) 50 ..................................................... Library 40 ..................................................... Bedroom 30 ..................................................... Secluded Woods 20 ..................................................... Whisper The Kwik Trip site will not be allowed to exceed a noise decibel level (db) standard during the day of 65 db and 55 db from the hours of 10 pm to 7 am. These db (decibel) levels are established in relation to the receiving (adjacent) land use. In the case of the Kwik Trip site, the 65-55 db standard is for a receiving land use of residential. In order to listen first hand to the noise associated with existing Kwik Trip carwash dryers, staff has visited 4 Kwik Trip sites. One of the locations that might offer somewhat of an equitable situation to what Kwik Trip is proposing in Prior Lake is located in Lakeville (south of Co. Rd 48, west of Kenrick, off 35). The carwash borders h:Xsetback memo'sXkwik trip.doc a residential area of single family homes to the east (Jewel Court). I spoke to 2 of the adjacent property owners. Their situation is a little different in respect to the fact that the adjacent Kwik Trip was an infill site, unlike the proposed Prior Lake site, where the townhomes are not yet built out. The neighbor most immediately opposite the carwash blowers stated that she doesn't realize they are there anymore (highway traffic to the north appeared louder). She said that Kwik Trip installed the fence and landscaping in response to concerns. She added that I probably wouldn't find any opposition to the Kwik Trip in the neighborhood, but that it didn't mean there weren't concerns initially. The 2"a neighbor I spoke to along Jewel Court reiterated similar sentiments and said they frequented their Kwik Trip and find them to be a convenient and good neighbor. When I asked about the noise, she stated that it was a non-issue. The doors to the washers remain closed during the washing/rinse cycle and are largely inaudible outside. The doors open as the cars exit and this is when the dryer begins and when exterior noise is heard. The dryer cycle lasts for approximately 1 ¼ minutes per car. According to officials with the City of Apple Valley, Stillwater, and Lakeville, noise associated with the dryers of Kwik Trip carwashes have not been a complaint issue. In addition, as of last Friday, Kwik Trip has agreed to put up a fence and increased coniferous trees along the eastern edge of the carwash exit (letter attached). CRIME...What do we know about the correlation between convenience stores and crime levels? We are unaware of any studies that can demonstrate a direct correlation to convenience stores increasing criminal activity. However, to get a sense of the criminal activity associated with our existing convenience stores in town, the Police Chief has compiled an incident report that categorizes the calls from each of our local gas/convenience stores (2003-2004). The reports are attached. It's important to note that each call made to the police department needs to be categorized and associated with an address. For that reason, the numbers can be misleading. To give you a better sense of what the calls really involved, the Chief has taken the report for 2 locations (for 24 months) and further broken down the report to clarify the specific of the "incident". This reveals that many of the calls are in fact different than what numbers alone might imply. In numerous cases, the calls from such facilities are to report activity occurring on adjacent roadways or other properties. ROAD CONNECTIONS...What is the history of the site and the internal roadways? The following is a brief chronological history of the commercial area and the road connections in The Wilds North: 1995 1999 2002 20 acres at the intersection of CSAH 42 and CSAH 83 designated commercial and rezoned to B-2 at the request of the property owner. Commercial area at the intersection of CSAH 42 and CSAH 83 increased to 30 acres as part of 2020 Comprehensive Plan update. Rezoning follows in 2000. Developer requests amendment to Comprehensive Plan and rezoning on 20 acres from commercial to high density residential. Results in decrease of commercial area to 10+ acres. h:\setback memo'sXkwik trip.doc June, 2002 December, 2002 October, 2003 November, 2003 April, 2004 Council approves a preliminary plat for The Wilds North. Preliminary plat only shows residential lots. The commercial and high density areas are shown as outlots. There is no road connection between Wilds Path and Cougar Path shown. Need for road connection is identified. Council approves final plat for The Wilds North. Commercial and high density residential lots are platted as outlots. The future road connection is not platted, but is shown on future construction plans. First permits for single family home construction in The Wilds North are approved. Council approves the preliminary plat for Wensmann 4th Addition (townhomes). This preliminary plat identifies the road connection. Council approves final plat for Wensmann 4th Addition. Road connection is platted, and construction begins. TRAFFIC...Can the road handle the increased traffic levels? A traffic study completed in February of 2005 focused on the following three aspects: 1) Daily weekday trip generation for the proposed Kwik Trip site and other expected development in the area. 2) Expected daily weekday volumes on Wilds Path at the intersections of CSAH 83 and CSAH 42. 3) Operation of the intersection of Wilds Path and Cougar Path. The study found that the Kwik Trip site will generate an estimated 1,530 trips (average weekday). Specifically, at the corner of Wilds Path and Cougar Path it is anticipated that the Kwik Trip site will create a volume of 133 trips during the p.m. peak hour of a weekday, which is below capacity. In 2001 a study of the area roadways was conducted. The purpose of the study was to establish pavement depth and design requirements. The study concluded that Wilds Path would accommodate an Average Daily Traffic Volume (ADT) of 5,640 trips. In comparison, the recently submitted traffic study concluded that 5,520 trips are anticipated once the commercial and residential areas are completed. Wilds Path was designed with the anticipation of traffic that would be generated by the commercial uses (up to 9,000 trips per day). A typical city street is commonly 32 feet in width. However, in the case of Wilds Path, the street was constructed at a 38 foot width, to accommodate the residential and commercial uses of the neighborhood. MARKET AREA .... Do we know where the Kwik Trip will draw the majority of their customers from? We do not have an official market study of the proposed Kwik Trip site. However, in response to the question, the attached letter and demographics were forwarded by Scott Teigen of Kwik Trip. In short, it's their belief that local residents will constitute over 75% of the customers served by this facility, based on their experience with more than two dozen stores. h:Xsetback memo'sXkwik trip.doc METRO AREA KWIK TRIPS...What have other places experienced? It appears there are just fewer than 25 Kwik Trips in the metro area. Just over half have carwashes. The correlation of those with or without carwashes doesn't appear to show a relationship in respect to their proximity to adjacent land uses (ie: near residential). Rather, it appears to be based more on site size and situations where an existing station was retrofitted to become a Kwik Trip. I spoke with Planners in Apple Valley, Lakeville, and Stillwater. In all three cases they spoke about how pleased they were with the responsiveness of Kwik Trip. Especially in the case of Stillwater, this was an infill site that was problematic due to its proposed location within a specialty overlay district. Their City Planner said that Kwik Trip had worked very hard to partner with the neighborhood and the outcome was good. Without being asked, in all three conversations they expressed positive feedback about Kwik Trip and how the sites have been maintained since their construction. Lakeville and Stillwater were able to provide me with the approved site plans from their Kwik Trip locations (attached). Both site plans show similar situations in respect to residential neighbors. h:\setback memo'skkwik trip.doc Hat 28 05 03:23p Scott Tei~en K$ik Tri'p (?15)235-7808 MEMO To: Date: Subject: Danette Moore City Planner Prior Lake, MN FAX: 952-447-4245 March 28, 2005 Concerns about Car Wash Noises Scott J. Teigen Chief Financial Officer Dem' Dancttc; You have expressed concerns about noise from our car wash dryers. While we do not feel there will be a noise problem due to the distance and landscaping a/ready ~ proposed, we will also add a section of wood fence (board on board) 6 feet high and 8 feet in length that wiU further shield the neighbors, and we will entrance the three red maple trees with three red pines to further absorb and shield the dryer noise.' Let me know if you have any further concerns. Very truly yours, KWIK TRIP, INC. Scott J. Teigen Chief Financial Officer SJT/rs cc: Brad Fry 700 Wolske Bay Road · Suite 280 · Menomonie, WI · 54751 Office' (715) 235-6626 · Fax: (715) 235-7808 Ma~ 24 05 04:32p Scott Tei~en K$ik Trfp (715) 235-7808 p. ! MEMO To: Date: Subject: Danette Moore City Planner Prior Lake, MN FAX: 952-447-4245 March 24, 2005 Car Wash Blower Scott J. Teigen Chief Financial Officer Dear Danette: Attached is a decibel chart provided by the manufacturer of our car wash dryer. Their chart only goes out to 80 feet. Our closest dryer will be 160 feet from the (residential side) curb at its closest point, which according to my interpolations would give it a decibel reading of less than 60, which will be less than the ambient noise level from the street. · As you look at our site plan, please note that we have provided landscaping at the car wash exit and on each side of our north driveway that will also absorb and screen the noise. We try to address these issues when we do the site plan. It is our opinion that our car wash dryers will not violate your city ordinance or be a nuisance issue. Please call with any further questions. Very truly yours, KWIK TRIP, INC. Scott J. Teigen Chief Finartcial Officer SJT/rs Encl. 700 Wolske Bay Road · Suite 280 · Menomonie, WI. 54751 Office: (715) 235-6626. Fax: (715) 235-7808 Mar 24 05 04: 32p Scott Tei~em Kwik Tmip (715) 235-7808 ,,{g ~4:40 FAX ~0~ 7~x ~ov ....... /, p.2 87, dBA 78 dBA .. TO' ' ' ~z dU,A. 80' , Tm~tu~ prucedures on the rcvur~e nid~ Nar 28 05 03:24p Scott Teigen Keik Tr~p (?15)235-7808 p.2 MEMO To: Date: Subject: Danette Moore City Planner Prior Lake, MN FAX: 952447-4245 March 28, 2005 Demographic Information Scoff J. Teigen Chief Financial Officer Dear Danette: Pursuant to your question about thc breakdown of our business between local residents and customers traveling through the community, enclosed is a recap of the demographic information that we look at. Initially, we expect that our fuel business will be 20 - 30% from travelers and 70 - 80% from local residents. Our inside business, however, is anticipated to be 75 -85% from local residents due to the grocery offerings (and pricing) inside our store which is more than most other c-stores. As the store and area matures, our business will be 85 - 90% from the local residents. The only other issue I would point out is that the business we will do with the travelers are going to be people that have chosen to come to Prior Lake as a destination, primarily to visit Mystic Lake, to golf or to visit friends in the area. We feel that we will enhance that experience if they visit our store on their trip and possibly help bring them back again in the future. We arc excited about being in Prior Lake and look forward to being part of thc community and serving the local residents. Very truly yours, KWIK TRIP, INC. Scott J'. Teigen Chief Financial Officer 700 Wolske Bay Road · Suite 280 · Menomonie, WI. 54751 Office: (715) 235-6626 · Fax: (715) 235-7808 Mar 28 OS 03:24p Scott Teicen K$ik Tri-p (715)235-7808 p.3 IN)PUL,AT'ION 2009 PROJECTION 2004 ESTIMATE 2000 CENSUS 1990 CENSUS GROWTH 1.990-2000 HOUSEHOLDs 2009 PROJECTION 2004 HH ESTIMATE 2000 CENSUS 1.990 CENSUS GROWTH 1990-2000 2004 ESTIMATED POPULATION BY RACE BLACK AMER [ND/ALASKAN ASIAN ALONE HWAI'IAN/PACISL SOME OTHER TWO OR MORE RACES HISPANIC ORIGIN 2004 H~SPANZCS BY RACE: BASE WH]TE BLACK AMERICAN INDIAN/ALASKAN ASIAN HAWAHAN/PAC[F[C [SLANDER SOME OTHER RACE TWO OFt MORE RACES 2000 eOPULA'I'/O N NOT OF HISPANIC OR/GIN MEXICAN PUERTO RICAN CUBAN OTHER HISPANIC 2004 EST[HATED POPULATION SY SEX % Female ~opulatlon % Male PopuleUon 2004 EST. HOUSEHOLDS BY ]:NCOME $200,000 + $150,000 - $199,999 $100,000 - $149,999 $ 75,000 - $99,999 $ 50,000 - $74,999 $ 35,000 - .$49,999 $ 25,000 - $34,999 $ 1.5,000 - $24,999 $ !0,000 - $[4,999 Demographic Detail Date: 03/24/05 ii i i Niles: 2 Miles: 3 Niles: 5 Miles: 952 4,720 20,795 73,772 683 3,520 15,970 57,847 477 2,567 11,778 44f072 233 1,233 6,887 27,762 104.7.1.% 108.14% 71.02% 58.75% 334 1,631. 7,464 26,826 237 1,196 5,668 20,802 163 855 4,127 15,628 76 397 2,293 9,497 115,5% 1~.5.5% 80.0% 64.6% 683 3,520 15,970 57,847 82.40% 88.11% 92.74% 92.58% 0.75% 0.64% 0.58% [.07% 12.29% 6.62% 2.39% 1.24% 1.30% 2.07% 2.07% 2.38% 0.03% 0.03% 0.05% 0.04% 0.54% 0.67% 0.78% 1.24% 2.67% 1.85% 1.40% 1*.45% 2.55% 2.13% 2.05% 3.29% 683 3,520 [5,970 57,847 40.72% 39.47% 42.76% 47.30% 0.00% 0.00% 0.79% 1.00% 15.09~Y,, 10.61% 5.11% 1.87% 2.99% 2.00% 1.53% 0.60% 1.~:J% 1.78% 1.23% 0.430/0 24.23% 31.40% 36.65% 40.95% 15,09% 14,73% 11.93% 7.85% 683 3,520 15,970 57,847 97.88% 98.27% 98.15% 97.36% 1.28% 1.01% 1.20% 2.20% 0.03% 0.05% 0.09% 0.13% 0.01% 0,02% 0.03% 0.04% 0.34% 0.34% 0.420/0 0.56o/o 683 3,520 15,970 57,847 49.45% 49,45% 49.39% 49.92% 50.55% 50.55"/',, 50.61% 50,08% 237 1,196 5,668 20,802 12.53% 9.44% 5.94% 4.07% 5.42% 5.28% 5.01% 4.02% 20.27% 21.52% 20.38% 18.17% 16.77% 23.27% 26.41% 23.01% 17.97% 18.25% 20.67% 22.04% 12.61% 10.83% 10.47fl4~ 11.93% 5,44% 4.47% 4.48% 6.86% 3.35% 2.75% 2.70% 4.98% 1.35% 1.19% 1,48% 2.07% Map 28 OS 03:24p Scott Tei~en K$ik Tri-p (715)235-7808 p. 4 UNDER $ 10,000 2004 EST. AVERAGE HOUSEHOLD INCOME 2004 EST. MEDIAN HOUSEHOLD INCOME 2004 EST. PER CAPZTA INCOHE 2004 POPULATION BY HOUSEHOLD TYPE FAMILY NON-FAMILY GROUP QUARTERS HARZTAL STATUS (PERSONS 15+) SINGLE MALE SINGLE FEMALE MARRIED PREVIOUSLY MARRIED FEMALE PREVIOUSLY MARRIED MALE HOUSEHOLDS BY TYPE SINGLE MALE SINGLE FEMALE MARRIED COUPLE OTHER FAMILY-MALE HEAD OTHER FAMILY-FEMALE HEAD NON FAMILY-MALE HEAD NON FAMILY-FEMALE HEAD 2004 EST/MATED POPULAT/ON BY AGE UNDER S YEARS S - 9 YEARS lo - 13 YEARS i4 - 17 YEARS 18 - 19 YEARS 20 - 24 YEARS 25 - 29 YEARS 30 - 34 YEARS 35 - 39 YEARS 40 - 44 YEARS 45 - 49 YEARS 50 - 54 YEARS 55 - 59 YEARS 60 - 64 YEARS 65 - 69 YEAR5 70 - 74 YEARS 75 + YEARS MEDIAN AGE POPULAT/ON ENROLLED TN SCHOOL PRE-PR/MARY GRADES 1-8 GRADES 9-12 COLLEGE (UNDERGRADUATE) GRADUATE/PROFESS [O NAL SCHOOL PQPULATZON (25+) BY EDUCATEON LEVEL ELEMENTARY (0-8) SOME HIGH SCHOOL HIGH SCHOOOL GRAD (12) SOME COLLEGE ASSOCIATES DEGREE BACHELORS DEGREE GRADUATE DEGREE POPULATZON 16+ BY OCCUPATION EXECUTIVE AND MANAGER/AL PROFESSIONAL SPECIALTY 4.28% 3.01% 2.46% 2.85% $123,328 $112,237 $97,0'44 $84,921 $81,903 $84,['74 $81,243 $74,262 $43,530 $38,660 $34,749 $30,747 683 3,520 15,970 57,847 84.65% 86.08% 84.90% 83.15% 15.35% 13.92% 15.02% 15 38% 0.00% 0.00% 0.08% 0.88% 351 1,872 8,760 32,911 11.02% I0.80% 11.57% 12.32% 9.27% 9.24% 10.05% 11.02% 65.67% 69.34% 68.16% 65.14% 7.70% 5.91% 6.22% 7.18% 6.34% 4.71% 4.01% 4.33% L28 687 3,236 11,849 3.45% 3.84% 4.45% 5,21% 9.54% 7.63% 7.94% 10.08% 87.01% 88.53% 87.61% 84.71% 2.3i% 2.47% 2.77% 3.11°,% 6. i 1% 4.98% 5.38% 7.07% 1.15% 1.37% 1.68% 2.10% 3.43% 2.65% 2.56% 3.01% 683 3,520 15,970 57,847 7.39% 8.55% 8.16% 8.18% 7.43% 7.80% 7.47% 7.60% 7.299'0 6.610/e 5.05% 5.829'o 6.27% 5.93% 5, 50 % 5.45% 7.88% 7.24% 6.65% 6.73% 6.83% 6.52% 6,g7% 7.41% 5.96% 7.21.% 7.97% 7.81% 7.54% 8.92% 8.96% 9.08% 9.37% 10.15% 9.65% 9.43% 10.23% 9.92% 9.34% 8.96% 8.73% 7.86% 7.82% 7.64% 7.01% 6.14% 6.27% 5.98% 5.83% 4.87% 5.01% 4.76% 3.34% 2.90% 3.20% 3.27% 1.77% 1.65% 1.92% 2.10% 1.09% 1.06% 1.33% 1.40% 0.83% 1,13% 1.75% 2.37% 33.90 32.67 32.99 32.80 125 705 3,168 11,793 20.80% 18.32% 15.07% 14.76% 47.87% 46.39% 46.25% 47.33% 19.77% 20.97% 22.81% 21.50% 9.38% 10.85% 12.00% 12.68% 2.17% 3.47% 3.87% 3.74% 422 2,176 10,099 36,324 0,445% 0.71% 1. .23% 2.47% 8.79% 5.83% 5,09% 5.72% 34.45% 29,41% 26.790/0 27.250/, 19.99a/,, 22.20% 24.40% 25.20% 7,34% 8.32% 8.79% 8.84% 23.61°/o 26.59% 26.01% 2:3.87% 5.35% 6.94% 7.70% 6.65% 257 1,438 6,826 24,991 12.62% 13.45% 11.71% 10.81% 17,60% 19.04% 18.29% 17.08% Mar 28 05 03:24p Scott Tei~en K$ik Tri~p (715)235-7808 p.S TECHNICAL SUPPORT SALES ADMINISTRATIVE SUPPORT SERVICE: PR/VATE HOUSEHOLD SERVICE: PROTEC't'[V E SERVICE: OTHER FARMING FORESTRY & FISHING PRECISION PRODUCT. & CRAFT MACHINE OPERATOR TRANS. AND MATER/AL MOVING LABORERS 2000 OWNER OCCUPIED PROPERTY VALUES UNDER $25,000 $ 25,000 to $49,999 $ 50,000 to $79,999 $ 80,000 tO $99,999 $ 100,000 to $I49,999 $ 150,000 t0 $199,999 $ 200,000 to $2gg,ggg $ 300,000 to $399,999 $ 400,000 to $499,999 $ 500,000 tO $749,999 $ 750,000 I:o $999,999 $1,000,000 or mom MEDIAN PROPERTY VALUE 20~4 OCCUPIED UNTrS OWNER OCCUPIED KE NI'ER OCCUPIED PERSONS PER HOUSEHOLD TOTAL RENTAL UNITS 2000 MEDIAN RENT PERSONS ZN HOUSEHOLD i PERSON HOUSEHOLD 2 PERSON HOUSEHOLD 3 PERSON HOUSEHOLD 4 PERSON HOUSEHOLD 5 PERSON HOUSEHOLD 6 PERSON HOUSEHOLD 7+ PERSON HOUSEHOLD YEAR ROUND UNZT~ IN STRUCTURE SINGLE UN[TS A'FI'ACHED SINGLE UN[-[~ DETACHED DOULBE UNIT~ 3 to 9 UNITS 10 to 19 UNITS 20 to 49 UNITS 50 + UNITS MOBILE OR TRAILER ALL OTHER SIN(~LE/IqUL'TIPLE UNIT RATIO HOUSING UNrTS BY YEAR BUILT BUILT 1939 or earlier Bi JILT 1940 to Ig~g BUILT 1950 tO 1959 BUILT 1960 tO 1969 BUILT 1970 tO 1979 BUILT lgB0 to lgBg BUILT I990 to 1994 BUILT 1995 tO 1998 6.96% 7.58% B.61% ~ g.og~/o 11,05% 12.92% 13.54% 12.74% 15.38% 14.860/, 14.74°/,, 14.85% 5.41% 4.42% 3,77% 3.93% 0.59% 0.580/0 1. ! 0~ 1.32~ 8.86% 7.72% 8.47~ 9.49% 0.93~ 0.73~ 0.57~ 0.51~ [2.28~ [2,31~ 13.90% 13.86% 0.00% 0.00% 0.06~ 0.06~ 5.66% 4,32~ 3.31% 3.75% 2.65% 2.08% 1.93% 2.53% 157 829 3,825 13,148 1.26% 1.04% 0.95% 0.55% 1.26% 1.08% 0.57% 0.69% 2.53% 1.44% 0.75% 1.38% 2.80% Z.'~6% 3.76% 5.44% 26.62% 28.21% 32.41% 36.64% 26.19% 25.94% 26.36% 25.09% 19.82% 24.56% 21.81% 20.55% 8,56% 7.55% 7.57% 5.55% 6.75% 4.20% 2.84% 2.18% 3.88% 3.35% 2.91% 1.83% 0.32% 0.17% 0.06% 0.06% 0.00% 0.00% 0.00% 0.03% $174,351 $177,920 $169,586 $157,116 237 1,196 5,668 20,802 92.39% 92.97% 90.00% 83.50% 3.32% 2.67% 5.91% 13.11% 2.88 2.94 2.82 2.76 B 33 349 2,824 $552 $565 $659 $649 163 855 4,127 15,628 13.89% 12.89% 14.82% 17.28% 36.740/0 34.83% 34.87% 33.68% 15.77% 17.32% 18.23% 18.59% 19.39% 21.63% 20.87% 19.37% 9.92% 9.55% 8.11% %75% 3.38% 2.80% 2.22% 2.32% 0.90% 0.97% 0.89% 1.01% 170 893 4,295 16,165 14.97% 12,93% 14.20% 13.85% 82.02% B4.20% 79.22% 72.05% 0.73% 0.61% 0.88% 1.68% 1.27% 1.05% 2.18% 3.90% 0.00% 0.15% 0.66% 1.27°/o 0.00% 0.00% 0.43% 2.13% 0.00% 0.00% 1.50% 4.66% 1.02% 1.06% 0.930/0 0.47% 0.00% 0,00% 0.01% 0.01% 48,60 53.82 16.57 6.30 170 893 4,295 16,165 2.99% 2.29% 3,14% 4.01% 2.41% 1.80% 2.20% 2.75% 4.75% 3.13% 2.93% 5.41% 5.19% 4.53% 6.07% 8.99% 9.13% 11,14°/o 15.90% 19.03% 23.06% 22,67% 23.79% 19.34°/o 23.63% 20.23 % 13.96% 9.72% 17.88% 18.75% 17,78% 19.48% Mar 28 05 03:25p Scott Teigen K$ik Trip (715)235-7808 p.6 BUILT 1999 to March 2000 HOUSEHOU3S WITH CHILDREN MAWR/ED COUPLE FAMILY OTHER FAMILY MALE HEAD OTHER FAMILY FEMALE HEAD NON-FAMILY OTHER FAMILY 2004 ESTI:MATED FEMALE POP BY AGE 0 - 4 YEARS 5 - 9 YEAR~ 10 - 14 YEARS 15 - 19 YEARS 20 - 24 YEARS 25 - 34 YEAR~ 35 - 44 YEARS 45 - 54 YEARS 55 - 64 YEARS 65 - 74 YEARS 75 - 84 YEARS 85+ YEARS Median Age Females 2004 POPULATION 1.6+ BY EI,4PLOYHENT STATIJS EMPLOYED IN ARMED FORCES EMPLOYED CIVILIANS UNEMPLOYED CIVILIANS NOT IN LABOR FORCE FAMTLAES BY NUHBER OF WORKERS 2000 NO WORKEES ONE WO;JCER TWO WORKERS THREE WORKERS POPULATION BY TRANSPORTA'rlON TO WORK DRXVE ALONE CAR POOL PUBLIC TRANSPORTATION DELVE MOTORCYCLE WALKED ONLY OTHER MEANS WORKED AT HOME POPULATION BY TRAVEL TXI~E TO WORK UNDER 10 MINUTES / WORK AT HOME [0 ~ 29 MiNaS 30 ~ 59 M[NU~S 60 ~ 89 90 + H[NUTES HOUSEHOLDS BY NO. OF VEHZCLES 2004 NO VEHICLES 1 VEHICLE 2+ VEIfl[CLES AVAILABLE ESTIMATE TOTAL VEHICLES HOUSI'NG UNTTS BY OCCUPANCY STATUS OCCUPIED VACANT VACANT UNTrS FOR RENT FOR SALE ONLY t0.9S 74 83.92% 3.98% 11,03% 1.07% I5.01% 338 7,01% 7.01% 9.49% 7.94% 6.23% 13.28% 20.24% 15.66% 9.03% 3.11% 0.98% 0.03% 34.4 513 0.00% 96.43% 3.57% 24.01% 128 7.76% 16.53% 58.26% 14.02% 257 83.43% 5.62% 2.I2% 0,00% 0.40% 0.41% 8.02% 21 28.53% 38,34% 29.74% 2.91% 0 237.00 3.13% 13.66% 83,21% 576 237 95.71% 4.29% 7 6.83~/o 59.91% 15 408 86.40% 4.16% 8.78% 0.66% 12.94% 1,741 8.45% 7.52% 8.28% 7.02% 6.40% 16.52% 20.16% 13.60% 7.84% 2.930A 1.11% 0.17% 32.8 2,606 0 97,17% 2.83% 20.08% 687 6.03% 14 65.08% 13.75% 1,438 86.36% 6.42% 1.44% 0.00% 0.25% 0.30% 5.23% 23 20.99% 47.22% 28.79% 1.96% 1.04% 1,196.00 2,53% 13.08% 84,39% 2,790 1,196 95.64% 4.36% 38 6.03% 41.91% 14.25 1,857 84.22% 4.96% Z0.037~ 0.79% 14,99% 7,888 8.08% 7.23% 7.39% 6.46% 6.78% 17.49% 19,00% 13.72% 8.38% 3.35% 1.56% 0.55% 33.2 12,030 0.11% 97.36% 2.53% 18.98% 3,236 4.72% 14.17% 63.08% 15.81% 6,834 85,91% 8.16% 1.25% 0.00% 0.27% 0.51% 3.91% 24 17.81% 49.94% 28.96% t,99% 1.29% 5,668.00 2.21% 15.83% 81.96% 12,457 5,668 95.91% 4.09% 168 17.74e/e 24.42% 11.27 6,900 80.23% 5.64% 12.97% 1.16% 18.61% 28,877 8.00% 7.39% 6.98% 6.56% 7.43% 17.28% ~8.35% 13.38% 8.14% 3.59% 2.04% 0.86% 33.1 43,599 0.15% 97.56% 2.28% 20.75% 11,849 5.57% 14.05% 61.59% 14.83% 25,030 84.36% 9.52% 1.06% 0.00% 0.91% 0.47% 3.68% 23 t8.39% 49.78% 29.06% 1.78% 0.99% 20,802.00 2.75% 20.16% 77.09% 42,970 20,802 96.61% 3.39% 537 23.91% 28.09% ........... · :m'm'rr,,=':4~m 4n ,~., i"rq ,c,,"',",'~qRREc:;¢--,ES 'PI 83/25/2885 15:58 6514388818 83/25/2805 15:58 6514388818 CITY OF -STILLIA,~TER ,/- - / / PAGE 83 / /' ./ // / // ,,/ / . '% \ \ \ \ \ \ \ :N' 13 & // / \ / / iO, # 11, & # 12 k ./ J wn I~.~. BOX 2107 ~CR08~ ~ NORT~ . · o _~ ~0~ ~0~ ~ E~ O~O~U~H~U~O~~h~ . '~h=~O O0~O~m-H 0-~ o 00o0o0o00ooooo0oooo0ooooooooooooooooo 0 000000000000000 ~~~~~~0000000000000000 0 HOLIDAY STATION- 13/DULUTH 2003-2004 DISPEACE Kids disturbing patrons DWI 1. Citizen called in a possible dnmk driver - found in lot of store 2. Simper in lot - dnmk driver FRAUDEXTOR Bad checks PUBORDCRIM Curfew violation RUNAWAY THEFT LOSTPROP Father met at station, reported son as nmaway 29 gas drive-offs, four other 1. Lost wallet 2. Wallet and checkbook FOUNDPROP Contents of a wallet FOUNDBIKE Bike found LOCJUVRUN ALLOTHE~AC PROPDMGMVAC Located two Bumsville runaways outside store ,, 1. Car left with gas hose still in tank 2. Car hit while in lot, no damage Motor vehicle accidents DOMESTIC PUBLICASST AL~ALSEOV 1. Stepfather/stepdaughter- verbal regarding grades 2. Possible verbal domestic in vehicle reported by clerk 1. 16 year old from New Prague stranded at store 2. Questions regarding group in store - possible shoplifters 3. Fixit ticket signed False alarms CHECKWELFARE DETOX 1. Employee left during shift- all ok, argument with co-worker 2. Found 6 year old Dnmk at store DISPTWPER 1. Argument with juvenile who barged in line 2. Intoxicated female using ATM FIGHTBRGJUV JUVCOMPABOT LOITERING MISCHIEF NP/WOUNINT PUBINTOXF SUSPICION VEHCMPNCHG VEHLOCKOUT INFO ROADRAGE ASSTSCCTY INFMSCDRCR Possible intoxicated juveniles fighting in lot Gas spills Report of juveniles loitering in store Group advised to leave 1. Group of teens refused to leave 2. Kids horsing around with friends vehicle 3. Report of vehicle that was egged on Panama Drive off- cancelled enroute Intoxicated female in store -taxi home 1. Possible shoplifters in store 2. Suspicious vehicle covered in mud 3. Vehicle in lot with fresh damage 4. 2 males possibly selling marijuana- unfounded, solicitors 5. Suspicious duffle bags near air hose 6. Unknown 1. Driving complaint '. 2. Driving complaint 3. Possible drank driver 4. Vehicle lef~ in lot 5. Possible drank driver 6. Report of juveniles drinking in car 7. Possible drunk driver 8. Car revving motor Keys locked in cars Two attempts to use Visa card without ID Assist Scott County Sheriff with runaway pickup 1. Possible drug deal in lot 2. Check forgery 3. Suspicious vehicle lef~without paying for gas 4. Gas drive off 5. Cancelled credit card t. LICAPPLLIQ UTILPROB WARROTAOTD 6. Possible OFP violation 7. Overheard intent to sell drugs 8. Report of assault- occurred 13/101 9. Damage to hood of vehicle 10. Shoplifters - juveniles taken home Annual liquor license application No water pressure in car wash Warrant arrest . u- ~ ~-~ ~ m ~0~ ~ m ~ 0 ~m ~ O ~ ~ OOO-~ h~ . ~u~h~ ~E~ ~U~ h~O~ ~ O~-~OOO~h~O~ 0000000000000000000000000 0000 00000 ° oooo~ooooo ~ ~00000000000000000000000 HOLIDAY GAS - 42/PIKE LAKE TRAIL 2003-2004 ASSAULT BURGLARY Employee assaulted by boyfriend - did not happen at s{ore, was called in by co-worker EmplOyee entered store and took beer DIS PEACE FRAUD/EXTOR 1. Mentally unstable person gesturing at employees 2. Harassment related to another reported offense Counterfeit bills or bad checks PUBORDCRJ/M Curfew violation HARCALLS THEFT FOUNDPROP 1. Prank call 2. Ex-boyfriend calling at work 25 gas drive-offs and seven other (shoplifting/employee theflJtheft from auto) 5 license plates and employee found baggie with possible drug contents Vehicle left in lot PROPDAMMVAC Motor vehicle accidents HRPROPDMAC Hit and nm motor vehicle accidents VEHFIRE Vehicle fire MEDICAL 72HRHOLD DOMESTIC PUBLICASST ALRMFIRE 1. Baby would not stop crying, having difficulty breathing 2. 70 year old with possible heart issue Profane language at employees, had been off meds for four days Boyfriend/girlfriend arguing at store 1. Answered NSF check questions for manager 2. No money to pay for gas 3. Call to check repair for fixit ticket 4. Questions from employee Fire alarm ALARMFALSEOV ALRMALLOTH CIVILDISP DETOX DISPWPRSN JVCOMABOT LOITERING MOTORSTAST NP/WOUNINT PEDLRSOLCT SUSPICION VEHCMPNCHG VEHLOCKOUT INFORMATION 1. Employee on site without proper code 2. Employee- accidental trip 3. Car wash door alarm Burglary alarm- secure 1. Related to putting more gas in vehicle than money to pay for 2. Vehicle parked in lot for over a month Volunteer to go to Detox called to have squad pick him up there 1. Friends arguing at station - did not involve employees 2. Adult acquaintance threatening juvenile re: video game 3. Person had questions about being 86'd frOm store Dead deer on 42 Juveniles blowing air horn in store 1. Report of person loitering and digging through garbage 2. 3 suspicious vehicles in lot at closing time Vehicle broken down in lot No pay dispute regarding amount Harassing employees and customers for money to buy gas 1. Lights on/doors locked- after hours 2. Suspicious vehicle reported - having car trouble 1. Report of reckless driving after being refused sale of cigarettes 2. Possible drank driver 3. Truck wrong Way on NB lane of 21 4. Using pay phone 5. Abandoned vehicles in lot 6. Wrong way driver on 42 7. Possible drank driver 8. Suspicious vehicle 9. Suspicious vehicle 10. Possible drank driver Keys locked in vehicles Gas drive off-returned and paid 911PRANK Prank call INFMSCDRCR LICAPPLIQ NSFCHKRFRL WARROTAOTD LICAPP 1. No pay for propane - returned and paid 2. No pay (used two pumps, only paid for one- oversighi) 3. Possible drank driver, caller could see a Holiday station but not sure which city they were in Liquor license application- annual Non-sufficient fund check Traffic stop went into station lot Tobacco license application- annual 0~.' O~ 00000000000000000000 000000 o ~ · r~ 0 o DISPEACE THEFT LOSTPERSON FOUNDPROP FOUNDBIKES PROPDMMVAC PUBLICASST HAZARDPUBLIC JVCOMAI3OT MISCHIEF SUSPICION VEHCMPNCHG VEHLOCKOUT INFO INFMSCDRCR EZ STOP - 13/FRANKLIN TRAIL 2003 -2004 Disorderly conduct 9 gas drive-offs, 1 other 3 year old in street Found wallet Found bikes Car accidents- property damage Property damage hit and mn accident Fire calls Custody stand-by while children exchanged 1. Kids playing on trailer 2. Gas leak Juveniles harassing employees Suspicious activity by people in vehicle 1. Lights on/doors locked - closed 2. Suspicious person in vehicle Vehicle with expired registration Keys locked in car 1. Complain of bad gas 2. Accident in front of car lot 1. Gas drive off 2. 2 suspicious makes exchanging money in lot 3. Complaint of clerk selling tobacco to juveniles ~0 ~H ~ m ~o o~ o~ ~ ~ 0 O0 0 O0 0 0 0 0 HHHNHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHNHHHNHNHHHHH 00000000000000000000000000000000000000000000000000000 ~ ~ H 0 0 ~ ~0~0 ~ 0~ O~ ~ mm~O~O00 ~ ~-~ ~ O 0 QE ~~D;>~ ~ ~OO~O ~-~ 00~ ~OD~>~~ ~ ~Om ~ ~ mo~o~m~mo~~omm~ ~~o~OOm~o~m~mom~m~ ~o~ ,, ,, ,, ,, ,, ,, ,o ,, ,0 o, ,, ,, ,, ,, ,0 ,, ,, ,, ,, 0, ,, ,o ,, 0, ,, ,, ,, 0, ,, 00 ,, ,0 ,. ~, 00 ,, ,, ,, ,o ,, ,, ,0 ,, ,, ,, ,, 0, ,, ,, ,, ,0 ,, ,o ~~oooo~o~~~~~0~ooo~o~o~~0 00000000000000000000000000000000000000000000000000000 O000~O000~O00~~H~~O~O000000~~O~O~ 00000000000000000000000000000000000000000000000000~ O0000000000H~~~~~~~~~~~ 00000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000 ~o ~ ~o ~H 0 o ~ 0 ~ ~0 4Ch~ 0 ~ m O0 0 O0 0 0 O000u ~ 00000000000000000000000000000000 WARROTAOTD H&RPRPDMAC THEFT CIVILDSPUT PRPDMGMVAC FRAUDEXTOR DISPEACE ASSAULT ASSTBRNSVL ASSTOTHDPT SUSPICION FOUNDPERSON 72HRHOADM SHAKOPEE DAKOTA CONVENIENCE STORE 2003- 2004 10 Warrant arrest (7 QMW traffic stops, 1 turned self in, 2 others) Hit and mn accident 23 Gas drive offs, 3 other types of thefts, and 2 unfounded calls 1. No money to pay for gas 2. Vehicle damaged by car wash 3. Fail to pay cab fare 4. Store refused to take check 5. Credit card refused by store 8 Property damage motor vehicle accidents 1. Check forgery 2. Counterfeit $20 3. Check forgery 4. Stolen Credit card 5. Check forgery 6. Misuse of ATM card 7. Counterfeit money 8. Bad check 9. Forged check 10. Credit card theft 11. Stolen credit card 1. Kicked out of casino - created disturbance at store 2. Drunk bothering customers 3. Vehicle spit on Fight at the pumps Assist Bumsville PD- credit card theft Assist other department with Order for Protection 1. Questionable use of credit card 2. Suspicious vehicle reported Missing person located at store Confused elderly male PUBLINTOXIF MHALLOTHAD STOLENMV PAPRSVCAGD VEHLOCKOUT PERINJMVAC HARCALLS INFORMATION CHKWELFARE FIGHTBRGJV DETOX STLGTSGNDN VEHICLEFIR DOMESTIC PUBLICASST PLATIMPLCP MEDICAL LOSTPROPTY ALRMALLOTH Assist security with drank 1. Medical 2. Suicidal male Stolen vehicle - unfounded Order for Protection served Keys locked in vehicle Stalled vehicle Personal injury motor vehicle accident Employees receiving harassing phone calls 1. Gas drive off 2. Gone All ok, grandfather and grandson 3 juveniles fighting in vehicle 1. Dnmk in store 2. Stranded drank to detox Accident involving street sign Vehicle fire 1. Argument/fight in vehicle at pumps 2. Verbal argument in vehicle 1. Gas drive off 2. Warrant information requested 3. Store refused starter checks 4. Wants officer to verify ID Traffic stop - impound license plates 4 medical calls Lost wallet 7 false alarms/accidental trips CRIMSEXCON RECSTLNVEH Unfounded- no inappropriate contact Stolen vehicle located in lot FOUNDPROPERTY 1. Property lef~ at store 2. Backpack found in garbage 3. Wallet let~ in store 4. Purse found in trash 5. Found wallet HAZARDPUBL WEAPONS ABANDONVEH 1. Gas overfill 2. Gas spill Report of person with a gun Vehicle left in lot INFMSCDRCR 1. Stolen cell phone 2. Lost money envelope - recovered 3. Stolen or lost wallet 4. Suspicious vehicle 5. Info received 6. Info received ALLOTHMVAC 2 accidents ATV/MCCOMP VEHCOMNCHG 2 gas drive-offs, unintentional ATVs on reservation property 1. Taxi hit median 2. Unbuckled child sitting on lap in front seat of vehicle 3. Traffic complaint 4. Followed reckless driver from Apple Valley