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HomeMy WebLinkAbout9B Jeffers Pond PUD O1 PRIp4 U 4646 Dakota Street SE Prior Lake,MN 55372 '1IMgESO t' CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 13, 2015 AGENDA#: 9B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A MAJOR PUD AMENDMENT FOR THE JEFFERS POND PLANNED UNIT DEVELOPMENT DISCUSSION: Introduction Kimley-Horn & C-Store Partners have applied for approval of an amendment to the Planned Unit Development (PUD) known as Jeffers Pond on property lo- cated south of CSAH 42, west of CSAH 21. History In 2005, the City Council approved a PUD for the approximately 336-acre Jeffers Pond mixed use development including the following elements: • Mix of land uses including commercial retail and office; low, medium, and high density residential; and public institutional and municipal sites • Up to 693 total residential units. • An active park of at least 4.6 acres (Jeffers Pond Park) • An fire station site (Prior Lake Station #2) • An elementary school site (Jeffers Pond Elementary School) • Public parkland and trails (over 145 acres of parkland has been created) Seven phases within the PUD development-virtually all residential or institutional and none of them commercial-have been platted including sites for over 160 single family detached homes, 165 attached townhomes, Jeffers Pond Elemen- tary School, and Prior Lake Fire Station #2. The Planning Commission held a public hearing regarding this PUD amendment request on June 15, 2015 (minutes attached). At the meeting, residents in at- tendance stated concerns with traffic, noise, hours of operation, and visual ap- pearance of the fuel station and car wash. Following their discussions, the Plan- ning Commission recommended approval of the PUD Amendment with the fol- lowing conditions of approval: • Hours of operation be limited to 5am-10/11 pm for 2 years at which time the City Council would review the project and choose to maintain or re- vise the hours of operation • The vehicular access from Fountain Hills Drive should be changed to two .--., lanes of traffic entering and exiting the site • City Staff should review interior circulation in response to congestion and safety concerns • The City and/or Jeffers Foundation should work with the local School District to improve bus stop locations in the area • Revise the plans to address all of the comments in the memorandum from the City Engineering Department dated June 5, 2015. • Revise the plans to address all of the comments in the memorandum from the City Community & Economic Development Department dated June 5, 2015. • Revise the plans to address all of the comments in the memorandum from the Scott County Highway Department dated June 4, 2015 Current Circumstances This current request involves a major amendment to incorporate a Motor Vehi- cle Fuel Station and Car Wash as the first project within the designed mix use commercial/high density residential area (Outlot C). The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site area consists of 1.63 acres. Topography: This site has varied topography,with elevations ranging from 876' .-. MSL near the Fountain Hills Drive entrance to 884' MSL at the center of the site. Vegetation: The natural vegetation on the site was cleared after the original preliminary/final plat was approved for the area. The project is subject to the landscape requirements of the Zoning Ordinance. Wetlands: No wetlands are located on the site. Access: Access to the site is from Fountain Hills Drive (public street). 2030 Comprehensive Plan Designation: This property is designated for Com- munity Retail Shopping (C-CC) uses on the 2030 Comprehensive Plan Land Use Map. Zoning: The site is presently within the Jeffers Pond PUD (Planned Unit Devel- opment). PROPOSED PLAN Site Layout: The plan calls for construction of a 3,500 square foot convenience store with 16 motor vehicle fueling pumps and a single stall 1,300 square foot automatic car wash. The convenience store is proposed for 24-hour operation while the car wash is proposed for 5 a.m. — 11 p.m. daily (see attached letter from Kimley-Horn). Architectural Design: The exterior elevations of the proposed building will be mainly constructed of brick material along with glass windows. City Staff rec- ommends a metal roof rather than the proposed asphalt singled roof to comple- ment the fire station roof design within the PUD which the developer has con- firmed would be installed with the proposed building (see attached letter from Kimley-Horn). Streets: No public streets are proposed as part of the project. A private drive from Fountain Hills Drive will be maintained by the business and will be the future access point for other commercial/high density residential uses within Outlot C. The developer has stated intent to modify the access from Fountain Hills Drive to be one entrance lane and two exit lanes (see attached letter from Kimley- Horn). Impervious Surface: The Jeffers Pond PUD is divided into tiers surrounding the lake for the purpose of impervious surface calculations. The current ap- proved maximum impervious surface for the commercial area (Outlot C) is 226,000 square feet within Tier 2. The impervious surface within the proposed Super America project is 36,631 square feet within tier 2. Therefore the approx- imate remaining square footage with tier 2 that is currently allocated to the entire Outlot C would be 189,400 square feet (226,000-36,600). The overall impervi- ous surface for the entire Jeffers Pond Development would continue to be less than (24.5%) the original impervious surface maximum amount (25.5%) ap- proved in 2005. Sanitary Sewer/Water Mains: Sanitary sewer and water mains are currently in place along Fountain Hills Drive. Proposed utility mains running under the pro- posed private access drive will connect to these existing utilities. Fees and Assessments: This development will be subject to the standard de- velopment fees including trunk street and utility service charges payable at the time of recording of the final plat. Conclusion The developer has met with City staff to address the proposed changes to the PUD and ways to maintain the core of the originally approved plan of the Jeffers Pond Development. City Staff does recommend the developer incorporate other features into the site design such as a common signage stone base similar to the other signage within the PUD and a metal roof similar to the nearby fire sta- tion. The developer has provided a response narrative (see attachment)follow- ing the public hearing meeting. As noted in the attached staff memorandums from the Engineering and Community & Economic Development Departments, the developer must refine the plans to assure compliance with the Public Work Design Manual requirements and City Zoning Ordinance including incorporation of a trail along Hwy 21 and sidewalks leading into the site. However, none of these revisions will greatly impact the overall design of the proposed site. There- fore, if the City Council finds the PUD Amendment acceptable, the City Staff would recommend the following conditions be attached: 1. The developer must obtain the required permits from any other state or local agency prior to any work on the site. 2. Revise the plans to address all of the comments in the memorandum from the City Engineering Department dated June 5, 2015. 3. Revise the plans to address all of the comments in the memorandum from the City Community & Economic Development Department dated June 5, 2015. 4. Revise the plans to address all of the comments in the memorandum from the Scott County Highway Department dated June 4, 2015 The following additional conditions of approval were also recommended by the Planning Commission at their June 15, 2015 meeting (Note: these conditions are not included in the draft resolution; all conditions are subject to further di- rection by the City Council): 1. Hours of operation be limited to 5 a.m. - 10/11 p.m. for 2 years at which the City Council would review the project and choose to maintain or revise the hours of operation. 2. The vehicular access from Fountain Hills Drive should be changed to four lanes of traffic (two lanes entering and two lanes exiting the site). 3. City Staff should review interior circulation in response to congestion and safety concerns. 4. The City and/or Jeffers Foundation should work with the local School District to improve bus stop locations in the area. ISSUES: Section 1106.400 of the Zoning Ordinance lists the types of uses and standards allowed under a PUD. The PUD provisions offer maximum flexibility in many areas, some of which include such aspects as setbacks, building heights, and densities. With the incorporation of additional right of way needs identifying by the County Highway Department, the developer will likely be requesting modifi- cations to the minimum parking setbacks for the proposed project. City Staff also recommends the applicant follow the pattern of architectural signage found throughout the PUD and the metal roof of the adjacent fire station within the PUD. Since the planning commission acted upon this agenda item following their pub- lic hearing, the council has been asked by numerous people for an opportunity to express their opinions directly to the city council. The city council has re- sponded that the public hearing was conducted by the planning commission and recommended that those who inquire should call, write and e-mail councilmem- bers with their opinion before the July 13 council meeting. As a result of this recommendation a flurry of correspondence on this topic- both electronic and paper- has been received. Attached is a copy of the personalized form letter sent to each councilmember from forty-five residential property own- ers. The letter expresses the same set of concerns by all forty-five writers. City Staff will provide the City Council with responses to the statements in the letter prior to the meeting. Also attached is a letter from the Jeffers Foundation explaining their efforts in selecting commercial tenants for the PUD as well as minimum requirements for day-to-day operation and a letter from the Prior Lake Chamber of Commerce. ALTERNATIVES: 1. Motion and a second to approve the PUD Amendment subject to any listed or additional conditions as identified by the City Council. 2. Motion and a second to deny or table this item to another meeting and pro- vide the developer with direction on the issues that have been discussed. 3. Motion and a second to recommend denial of the request. RECOMMENDED Motion and a second to approve Alternative 1. MOTION: (An action on this item requires a super majority vote of 2/3 of the City Council.) ATTACHMENTS: 1. Draft Resolution 15-XXX 2. Location Map 3. PUD Site Plans 4. Conceptual Building Elevation 5. Engineering Dept. Memorandum dated 6-5-15 6. Community Development Dept. Memorandum dated 6-5-15 7. Scott County Highway Dept. Memorandum dated 6-3-15 8. June 15, 2015 Public Hearing Comments 9. Various letters from developer and the public regarding project 4701 4646 Dakota Street SE 40Mvcsoi Prior Lake, MN 55372 RESOLUTION 15-XXX A RESOLUTION TO APPROVE AN AMENDMENT TO THE JEFFERS POND FINAL PLANNED UNIT DEVELOPMENT PLAN TO ALLOW A MOTOR FUEL STATION AND CAR WASH IN OUTLOT C Motion By: Second By: WHEREAS, Kimley-Horn on behalf of C-Store Partners (the"Developer') has submitted an application for an amendment to the Jeffers Pond Planned Unit Development("PUD") Plan to allow a Motor Fuel Station and Car Wash in Outlot C, Jeffers Pond First Addition; and WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 15, 2015 to consider the proposed amendment to the Final PUD Plan related to Outlot C; and WHEREAS, Notice of the public hearing on said PUD amendment has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinance; and WHEREAS, All persons interested in the proposed amendment to the PUD were afforded the opportunity to present their views and objections related to the Jeffers Pond PUD amendment for the record at the public hearing conducted by the Planning Commission; and WHEREAS, The Prior Lake City Council considered the application for the proposed amendment to the Final PUD Plan for Outlot C on July 13, 2015; and WHEREAS, The Planning Commission and City Council have reviewed the amendment to the PUD according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said amendment to the PUD to be consistent with the provisions of said Ordinances and in general conformance with the original PUD Plan; and WHEREAS, The City Council has the authority to impose reasonable conditions on an amendment to the PUD. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The amendment to the Final PUD Plan for Jeffers Pond to allow a Motor Fuel Station and Car Wash within Outlot C is hereby approved subject to the following conditions: 1 a) The developer must obtain the required permits from any other state or local agency prior to any work on the site. b) Revise the plans to address all of the comments in the memorandum from the City Engineering Department dated June 5, 2015. c) Revise the plans to address all of the comments in the memorandum from the City Community & Economic Development Department dated June 5, 2015. d) Revise the plans to address all of the comments in the memorandum from the Scott County Highway Department dated June 4, 2015. PASSED AND ADOPTED THIS 13TH DAY OF JULY, 2015. 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TREES SHALL INV.NOYCROTCHESAND SHALL BEGIN BRANCHING NO LOWER THAN]' THE LANDSCAPE ARCHITECT PRIOR TO ORDER AND/OR Q II ABOVE THE ROOT BALL,STREET AND BOULEVARD TIFFS SHALL BEGIN BRANCHING NO CONSTRUCTION.IT SHALL BE THE CONTRACTOR'S J 111•11 LOWER iW1N B'ABWEFNBSHf0 C4NDE. RESPIX161B1LT'TO EMSLME LINT SODOEDSEEOEDAND i I I I I I I 1'J it I �....... %AIRED MEAS ARE IRRIGATED PROPERLY AND ON SEPARATE Z �- i WSTAII PUNT MATERIA ONCE FINAI.GRAp1M ANO CONSTRUCTION THIS BEEN j [ ' l • P JE h b! COMPLETED IN THF MMENATE.MEA. ZONES. z J II II jll 1 INSTALL PI ANT MATERIAL PER%ANIINA OETAiS. 2.CONTACT LANDSCAPE ARCHITECT FOR NSPECipNAtO • •• APPROVAL OF ALL AREAS RECEDING DMP IRRIGATION PRIOR TO —I I I ,•� it II •• � 4. 9UB3TTUTKJN REQUESTS FOR PUNT MATERIAL TYPE SIZE SHALLESUBMITTED TO INSTALLATION OF ANY MULCH. % THE IANOSCAPE ARCHITECT FOR CONSIDERATION PRIOR TO BIDDING.ALL I • )I • )I • I �� SUBMITUTON9 AFTER POOP.MUST BE APPROVED BY LANDSCAPE ARCHITECT AND 3'PROVIDE THE OWNER WUHAN IRRIGATION SCHEDULE ..,'.\.Iw•r. APPROPRIATE TO THE PROJECT SAE CONDIIUNS PRIOR AND 10 B - -� - ARE TO CONTRACT AOJUSTMCNI9. i PUNTED IMTERULAIRPUH RE)INNEMENT6. U I 6. ADJUSTMENTS IN LOCATION OF PROPOSED PUNT INTEMALS MAY BE NEEDED D T _ '� FIELD.LANDSCAPE ARCH IEC T MUST BE NOTBIEU PRIOR TO ADJUSTMENT OF PLANTS. J R -\.. S10RINAIER 6. 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Development fees—The following development fees are to be collected at the time of final plat approval: Trunk Water($5,500/net acre), Trunk Sanitary Sewer($3,040/net acre), Trunk Storm Sewer($5,780/net acre), Street Oversize ($4,920/net acre), and a 4% administrative fee and 5%construction observation fee based on the total estimated public improvement construction costs (which include grading, and public utility connections). 2. PUD—The PUD calls for continuity among architectural features, signage, and other aspects of the development. City Staff recommends the Super America site propose features such as 1) a metal roof similar to the nearby fire station, 2) an external monument sign of which base matches the stone façade of the development signs (nearby Jeffers Waterfront sign), and 3)pedestrian access to the site via sidewalks (Jeffers Waterfront PUD is designed as a walkable development community). 3. Identify an 8 foot trail along the County Hwy 21 corridor. Possible reduced parking setback could be indicated as part of PUD amendment. Also indicate a sidewalk access to the site at the entrance intersection 4. Prepare exterior lighting plan in accordance with Ordinance Section 1107.1800 to be submitted along with building permit application. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 04 PRIp'R �U Memo 44N'NEse- Date: June 5,2015 To: Community Development From: Engineering Department—Larry Poppler, City Engineer Public Works Department—Pete Young,Water Resources Engineer Subject: Super America Site Plan Review —City Project#DEV15-000005 The Engineering and Public Works Departments have reviewed the site plane for the subject project with a received date of May 19, 2015 and we have the following comments. General 1. Show the City project#DEV 15-000005 on all plan sheets. 2. Provide City benchmark on all plan sheets. These can be obtained from the City's Engineering department. 3. Obtain all regulatory agency permits and approvals necessary for proposed construction (County, MN Department of Health, MPCA, etc.) 4. Preconstruction meeting will be required prior to commencement of construction. 5. After construction,an as-built record plan shall be submitted. The as-built plan shall follow the requirements of Section 10 of the Public Works Design Manual prior to issuance of the certificate of occupancy. 6. A Letter of Credit will be required for grading and erosion control, utility connection restoration, and right of way restoration. 7. City of Prior Lake Standard details should be used and shown on the plans (structures, utilities, etc.). 8. Easments and property lines should be shown on all plan sheets. Plat 1. A driveway easement is needed for the drive entrances. Site Plan 1. Show all surface utilities on the plan (gate valve, manholes, catch basin, etc.). 2. All construction activities should be shown on the plans including sawcutting, removals, etc. and labeled. All proposed features should be labeled. 3. Provide site dimensions on the plans. 4. Provide all applicable City of Prior Lake standard details (commercial access,trails, sidewalk, etc.). 5. Provide 8' wide bituminous trail along CSAH 21 starting at Fountain Hills Drive north to end of property. Provide access connection from trail to commercial building. 6. Provide concrete walk from Fountain Hills Drive along access to first driveway. 7. Show limits of construction, especially impacts to Fountain Hills Drive. 8. Grades within parking lot should be between 2-5%except as required for ADA accessible. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com 9. Show trash enclosure on the plan. Utility Plan 1. Place note on the plans that the Contractor contact the Prior Lake Engineering Department at 952-447-9830 to coordinate inspection of utility installations. City inspectors require a minimum of 48 hours notice. 2. Provide all applicable City of Prior Lake standard details (hydrant, manholes, gate valves, etc.? 3. What is proposed for existing hydrant currently located in the access drive?Label all bends and proposed connection. Notes shown on "Fire Protection Plan" should be incorporated into the "Utility Plan". 4. Please verify existing hydrant on west side of access drive does not have to be relocated. 5. Flushing hydrant may be necessary at the end of the watermain. 6. Is 8" fireline a fire hydrant or service line for fire suppression? 7. Show roof scupper locations. 8. Please note on the plans watermain shutoff shall be performed by City personnel only. 9. A maintenance agreement is required for the watermain system and fire hydrants to ensure that these features are regularly maintained and will function as designed. A long-term maintenance plan is a required component of the maintenance agreement. A copy of the standard agreement template is available from the City. Grading and SWPPP .-� 1. A Minnesota General Construction Stormwater Permit(MN R100001) will be required for this project. The City will conduct a full SWPPP review prior to grading permit issuance. SWPPP must meet all current permit standards. 2. Typical details for all SWPPP BMPs will be needed. 3. Grades within parking lot should be between 2-5%except as required for ADA accessible. 4. Provide note connection of draintile to existing CB. Connection should be core drilled. 5. It is uncertain how the grading will relate to future developable acreage to the north and west. Hydrology 1. Because the proposed site will not add 1 or more acre of impervious surface,the project should comply with the standard City requirement for volume control. Site runoff volume shall be reduced in the proposed condition by a volume equal or greater than 0.5 inch over all new impervious surfaces. 2. The existing storm sewer system must be evaluated for capacity to show that it can accommodate the proposed additional flows. As-built plans will be provided. The developer should consider additional catch basins to receive drainage from the drive aisle. 3. Please provide a detail or plan notes for the connection to the existing storm sewer system. Connection should be core drilled and sealed with non-shrink grout. 4. Additional information is needed for the stormwater treatment basin. Ensure that the basin meets MN Stormwater Manual design standards for filtration basins.A cross section detail is needed showing all critical elevations and structures. 5. The MN Stormwater Manual considers gas stations to be stormwater hotspots. Additional design features must be added to ensure that spills can be contained at the site before pollutants are discharged to the City's storm sewer system. At a minimum there should be a way to divert or block flows from the rest of the storm sewer system in the event of a fuel spill. A pretreatment basin with an outlet structure that can be blocked would be useful for this purpose. The filtration portion of the basin should not receive direct runoff from the site. Reference: http://stormwater.pca.state.mn.us/index.php/Potential_stormwaterhotspots 6. A maintenance agreement is required to ensure that the stormwater management features are regularly maintained and will function as designed. A long-term monitoring and maintenance plan is a required component of the maintenance agreement. A copy of the standard agreement template will be provided. SCOTT COUNTY COMMUNITY SERVICES DIVISION 600 COUNTRY TRAIL EAST •JORDAN, MN 55352-9339 (952) 496-8346 • Fax: (952) 496-8365 • www.co.scott.mn.us June 3, 2015 Jeff Matzke City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 RE: Super America CH 21 and Fountain Hills Road Dear Jeff: We have reviewed the Preliminary Plat and offer the following comments: • CH 21 is an A-minor arterial roadway. The minimum right-of-way dedication along CH 21 is 75 feet from the centerline of the roadway. To meet the minimum requirement, approximately 10 feet of ^. additional right-of-way shall be dedicated along CH 21 with the plat. • There is no sidewalk or trail shown along CH 21. We recommend a trail or sidewalk to be constructed along the length of the proposed Super America parcel. The additional 10 feet of right-of-way to be dedicated should support a sidewalk along CH 21. • No ponding, berming, landscaping, or signage shall be permitted within the County right-of-way. • Any work within the County right-of-way shall require a County permit. Thank you for the opportunity to comment. If you have any questions,please feel free to contact me. Sincerely, Craig Jenson Transportation Planner June 16, 2015 Planning Commission Meeting Minutes (excerpt) VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. MOTION BY HITE, SECONDED BY PETERSEN TO RECOMMEND APPROVAL OF JEFFERS EIGHTH ADDITION PRELIMINARY PLAT SUBJECT TO THE CONDITION IN STAFFS REPORT VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. D. DEV 15-000005 —Super America PUD—Kimley-Horn and C-Store Partners,LLC is requesting a Planned Unit Development to construct a motor vehicle station with a car wash in the Jeffers Pond Planned Unit Development. PID: 25-437-170-0. Planner Matzke introduced a consideration for approval of a major amendment to the PUD for the Jeffers Pond Planned Unit Development know as Jeffers Pond on property located south of CSAH 42, west of CSAH 21 to construct a motor vehicle station with a car wash. He explained the history, current circumstances, site characteristics, issues and recommended motions. Exhibits supplied was a location map, PUD site plans, conceptual building elevation, engineering department memorandum dated June 5, 2015, a Scott County Highway Department memorandum dated June 3, 2015 and public hearing comments. Commission Comments/Questions: Petersen asked if the overhead power lines would be buried. Planner Matzke mentioned it has been discussed but still would need to be discussed with the electrical company in that area. He explained it is a County Road and would typically be one with the County. Fleming asked if approved, could we restrict hours of operation. Planner Matzke replied yes, you could recommend that condition to the City Council, however they are looking for 24 hours; the applicant is here, we could ask them. Applicant Tom Noble, Home Managing Partner of C-Store Partners, 1660 Highway 100 South, Suite 105, St. Louis Park,Minnesota. His hope is to disarm;we are not trying to jam something down the community's throat. He explained the consistence of their development plan. He stated he is here to work with everyone and try to work out as much as we can within the rights of the PUD and neighborhood needs. He state he would like to hear comments and answer any questions Larson asked if the applicant could comment on the adjacent side where it is cut off before the end of the parcel. Applicant Tom replied our plan was in request from Jeffers Foundation to build a roadway far enough away to have circulation access into our property,but still set up the roadway for future use and extension. He defined the road, traffic planning and stated they were not privy to the original commercial planning concepts with the PUD. He stated he was glad Kelly Johnson is here to help with comments. He said they felt they were submitting a plan that is consistent and he expressed the amount of feasibility work that is put into a project. He specified the future growth need at service from Highway 13 up to Highway 42 and Highway 21 16 June 16, 2015 Planning Commission Meeting Minutes (excerpt) Fleming asked what are the variables that lead you to believe that a third gas station within a close proximity is a need and what studies were done. He mentioned driving from the Casino to the Proposed site to a Holiday Gas Station and then drove from the proposed sight towards Highway 169 and Highway 21 and drove quite a ways before he came to the intersection where there is a Home Depot and a Panera and felt there is a lot of opportunity for gas in that corridor. Applicant Tom replied they perform an internal feasibility and an external feed. He mentioned the differences between the internal and external and said there is an immediate need now that is not being met from Highways 13 to 42. He continued explaining a convenience store is a small market business, usually in close in proximity to one another and stated an unmet need is being generated from Highway 42 south to Highway 13 as indicated in the short term. He mentioned going to the north is where evolving would be taking place over time. He talked of traffic patterns and explained the area of where this station would provide services to. Fleming replied he is still not compelled as he is trying to be simplistic and have common sense;he stated he drove for five minutes between Highway 42 and Highway 21 down Highway 21 north; north of Highway 42 and there is huge opportunity. He asked what is it about this site which is in very close proximity to gas stations that are more compelling than this is long span of opportunity north on Highway 21. Applicant Tom replied his answer is traffic patterns. He explained as they evolve overtime north of Highway 42,this traffic will tend to go north/south more so than east/west. He said they are looking at the future development north of Highway 42 and the existing critical mass south of Highway 42 on Highway 21. Hite stated that she is not showing any type of favoritism or dis-favor, but Super America is a very sophisticated organization and Super America knows their motto works as well as the model works. There has been a lot of feasibility work into this and whether you want a gas station there or not, Super America already knows they will make money, otherwise they would not be here and would not have hired the engineers and submitted an application. Applicant Tom agreed it will be a successful store and stated it will serve a need. Hite said to her knowledge they are not in the business of losing money. Applicant Tom replied that is true. Larson asked when a gas station goes into an area of retail environment for commercial, what would be your aspects of additional businesses coming into the area adjacent to the gas station. Applicant Tom replied it should spur positive commercial development growth. MOTION BY HITE, SECONDED BY PETERSEN TO OPEN THE PUBLIC HEARING AT 9:25 P.M. VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. 17 June 16, 2015 Planning Commission Meeting Minutes (excerpt) Public Comment Josh Welsh, 1449 Enclave Court NW. He shared concerns regarding this planned development; Safety and signage. He mentioned the location of Enclave Court and could possibly be used for this commercial development. He mentioned his concerns are the current traffic is heavy, the "No Outlet" sign is small and hidden, thinking there is access to school or other neighborhood, additional traffic, access from 21 and fountain hills, the speed of Highway 21 and electrical pole providing eastbound obstruction. He mentioned in a four mile radius there is thirteen opportunities to visit a gas station. He stated his opinion of this Super America in this location stating that more grand things were planned for this area in the initial PUD. Applicant Tom explained the elevation with brick and materials that goes beyond the normal gas/convenience center. He said he would like to work with neighbors to make this a quality part of the community. Jon Zoller, 14401 Enclave Court NW. He stated concerns of noise and light pollution,emission and spoke of Highway 21 being a race track as well as traffic without stop lights; and asked if there was an escrow account set up for the stop light. He commented that other Cities enforce noise ordinance and would like Prior Lake to do the same. He talked about the safety issues to get in and out of Fountain Hills and stated there will always be problems with this. Applicant Tom replied at this point due to traffic counts and traffic flows through this point,Highway 21 is a fast corridor, but there is not a critical access ingress or egress issue at this time. He mentioned there might be someday and then it will need to be addressed. Jon Zoller asked what are the daily average calls from the fire station for both fire calls and emergency runs. Applicant Tom replied he does not know this, but would be a question for staff to look into. Jon Zoller stated his concerns are the situation with the lights and fire station and understands whatever is there, needs to be part of that PUD but not all PUD's are neighborhood friendly. He asked that the Commissioners take this into consideration. Pollution, light noise and issue of traffic at the intersection. Debbie Gillespie, 3974 Station Place NW Trailhead,Jeffers Pond. She moved into this area in 2007. She explained the plan being upscale retail that can be walked to. She stated there are 14 gas stations within a 4 mile radius and that it really doesn't matter what the station is made of; it is still a gas station. She expressed concerns of kids, safety, road blockages, wetland and crime. Greg Zeldin, 14360 Enclave Court. He stated concerns of traffic safety, impact and disturbance. He shared concerns of environmental impacts and gas spills. Deb Johnson, 3970 Station Place. She shared concerns regarding hours of operation, impact on Trailhead Townhomes with noise and light, increase in crime and litter. She doesn't feel a gas station belongs in their residential neighborhood. Karen Anderson, 14820 Enclave Court. Karen thanked all of the neighbors who voiced opinions tonight. She stated her biggest concern is safety, due to children, bus stops and traffic. 18 June 16, 2015 Planning Commission Meeting Minutes (excerpt) William C. Pepper, Attorney, 10285 Yellow Circle Drive, Minnetonka, MN He stated he was here on behalf of Greg and Anna Zeldin, 14260 Enclave Court NW, and we ask that you either Reject or Table this application due to safety, lighting, noise, drainage, children, . He wanted to emphasize as well that northbound traffic on Highway 21 is not controlled. If approved,please look at improving this by limited to hours, lighting and screening on south or southwest side. Chrissy Krash, 3976 Station Place. She stated she was born and raised here and loves Prior Lake; she doesn't approve of the gas station at this intersection due to safety aspects. She stated it would be a dangerous area to put an entrance on Enclave and Fountain Hills due to narrow streets and only access to Enclave and Station Place. She opposes the gas station. Randy Belair, 14352 Enclave Court. He stated he is opposed to gas station for a lot of the same reasons such as crime, but also additional reasoning such as fumes and exhaust from cars as they can pollute up to 300 feet away from the gas station; he stated health related issues due to these elements from the gas station. He also commented on restricted walking area, home values going down and burying gas tanks close to beautiful wetlands. Nate Reinhart, 3965 Station Place NW. He understands Planned Unit Development has changed, but this was something that was on the Jeffers Waterfront website back when he bought his home, which is why he bought his home. He stated there was never talk of a gas station and he probably would not have bought there if there was one. He is understanding that plans change, but is very concerned that it is a gas station. He commented on safety, one entrance, there is not an internal street, no stop light, bus stop on corner and light pollution. He asked the Commissioners to consider things such as: Proposed building on Eagle Creek with buildings between the houses and gas stations, house on the corner looking right at the gas station, townhomes directly across. He asked if the gas station could be pushed down to the corner. Rita Kern, 14340 Enclave Court NW. Rita asked for Commissioners to look at how unique Jeffers Pond area is and feels that Prior Lake can do better than putting a gas station there. She mentioned it is like a park where they walk. FX Cunningham, 3962 Station Place NW. He stated a serious issue that no one had thought of; there is a fire station and an ambulance. If they don't go out on time or quickly, someone may die. That is a serious situation. Thank you for your patience's and he loves living in Prior Lake. Marlyn Enger, 14377 Enclave Court NW. She addressed concerns of the overall development and the Fire Station. She commented the fire station is the most beautiful in the state of Minnesota, a gas station across from this does not fit. She mentioned how the Association in Jeffers does not allow any outside storage, yet a gas station will have outdoor storage and now we are going to allow all of this outside service sales in our development. Commissioner Hite wanted to acknowledge emails that were sent in regarding this Agenda Item: Emails from Ms. Bonnie Heineke, 3691 Jeffers Parkway NW. She does not support the development of this parcel with the gas station. Mr. Thom B. Telfer. He expressed his concerns of gas station and car wash, stating disfavor for the development of a gas station in this parcel. 19 June 16, 2015 Planning Commission Meeting Minutes (excerpt) Mr. William Prince, Vice President of Trailhead is right next to and south of the Prior Lake Fire Station, strongly objecting to the development of a motor fuel station and car wash at this location. Mr. Leonard Bjeldanes, 14275 Enclave Court. He stated in his email a strong opposition to the gas station and car wash. Kelly Johnson, Jeffers Foundation. She gave a little background information. She explained why a gas station at this location. She talked of stop lights, access and entrances. ** A list of approximately 41 people who signed a petition to prevent the building of Super America Fuel Station on the Corner of County Road 21 and Fountain Hills Drive was handed to the Commissioners at this time. Debbie Gillespie, 3974 Station Place NW. Debbie asked if there is only one entrance off of Fountain Hills into and out of the gas station. She shared concerns about traffic backups due to a left exit, left hand turn and cannot get out leaving this area to be congested in front of the fire station. Hite asked City Staff about the access issues being a one way in and out. Engineer Thongvanh mentioned there is actually two access going into this area; one at the roundabout which is a quarter access as you cannot make a right hand turn going north, or the west bound lane on Highway 42. Fountain Hills and County Road 21 is a full access. The Comp Plan shows a signal there, when warrants are met. He spoke of escrow and would be a shared agreement with the City and County and the escrow. Hite mentioned it is a concept plan, and explained the sizes of the commercial buildings and stated there is a lot of commercial square footage in addition to the residential unit, with one egress. Kelly Johnson, Jeffers Foundation. She mentioned this was discussed and gave details of the plans for the access. She mentioned in 2000-2005 while this was going through the whole EA, it was looked at and there was never a guarantee connection across this overflow channel. There is a physical burlier there to go east/west across this Outlot. Hite stated there is a lot of history here and it was probably determined at a time when none of the Planning Commissioners were serving there posts here and unsure of how much of current City Staff was employed at the City. Randy Belair, 14352 Enclave Court NW. Randy asked will a 16 pump proposed gas station, how many cars do you expect to come through this area every day. Applicant Tom, responded to Randy Belair's question stating that his role is a third party developer for Super America; his direct answer is he doesn't know how many cars that it will produce in a day, but have an idea based on the dispensers is that 4 islands with 2 pumps per island will be significant to meet the needs based on the feasibility work that was done. 20 June 16, 2015 Planning Commission Meeting Minutes (excerpt) Jerod Gudia, 14347 Enclave Court NW. He stated he understands that there is no guarantee that there would be the egress drainage ditch. He would also like to add that through all of this you have not heard one person say maybe this would be okay, because it is opposed. Phil Kauffman, Kimley- Horn and Associates, a Civil Engineering Design firm. He is here to help on some questions. He answered questions regarding to the architectural design of the gas station, lighting pollution, noise pollution, safety concerns, access points and environmental concerns. MOTION BY HITE, SECONDED BY PETERSEN TO CLOST THE PUBLIC HEARING AT 10:15PM. VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. Commission Comments/Questions: Larson commented on the traffic flow, concerns about children and bus stop. He stated any future development that goes in this area, he would recommend the bus stop be moved. He talked of land lock and traffic counts increasing with the housing units to get counts up for the necessary stop lights to be safe. He understands both sides. Sidewalks on both sides would be nice, with these thoughts he would love to see this commercial area developed to bring business into the area. Commercial is not coming every day and right now there is a proposal from a commercial amenity, so looking at the safety issues of moving the bus stop away, getting two lanes in and out and a recommendation to the Traffic Committee. He stated, with conditions of investigating safety, he is in favor of this commercial area. �. Petersen stated this corner appears to be a horrible place for a gas station, if you look at this it would be better up by Highway 22, however this whole corner with the access points and flow of traffic is just not great right now and it would be nice to see some of these larger issues figured out before we put one business there, so we know how the whole thing will lay out. He is not opposed to a gas station there and understands the concerns and spoke of a buffer zone. He mentioned a concern that many had that being the lack of a controlled intersection is problematic. As the other homes move in, hopefully sooner than later, and then he would feel more comfortable with an intersection there, so right now he is not in favor of this particular project right now. Fleming stated this project has issues, there are significant concerns, more so than even with Kwik Trip, but we are constrained by decisions that were made in 2005; he stated he is reluctantly supporting the Amendment to the PUD with the following conditions and then the applicant can decide if they would still like to move ahead with the project. These conditions are as follows: limited hours of operation 5am to 10 pm for 2 years including pumps as well. After the 2 year time period, the City Council would need to evaluate, and depending on the conditions at that time, they would either remove or continue the limitation of hours of operation. Hite stated this is a hard decision as she has issues with the lack of circulation in this development and feels this does not make for good traffic flow in any development. She stated she does agree with her fellow Commissioners, the access point at Fountain Hills, we have no control over this as it is County dictated. If there is funding for a traffic light in the future,they would have to make that determination as traffic patterns change and grow and the development continues to fill out with residential. Some type of a convenience store has to go at this location only because of that access point. She agrees with the applicant being restricted in hours of operation; she is not sure if she completely agrees with her fellow Commission, but would ask the City Council to look at restrictions with hours of operation. There is a commercial use (fire station) right at this corner. She agrees with her fellow commissioner on moving 21 June 16, 2015 Planning Commission Meeting Minutes (excerpt) bus stop and this should be evaluated. She agrees with expanding the lanes so there is two lanes exiting also as it is creating a choke point. She is supporting this subject to conditions on limiting hours of operation, widening the access point from Fountain Hill and moving the bus stop and reevaluate the interior situation. MOTION BY HITE, SECONDED BY FLEMING TO RECOMMEND APPROVAL OF THE PUD AMENDMENT SUBJECT TO THE FOLLOWING CONDITIONS: HOURS OF OPERATION BE LIMITED BETWEEN 5AM AND 10/11PM FOR TWO YEARS WHICH THEN THE CITY COUNCIL WOULD VISIT AND CONTINUE LIMITATIONS OR LIFT LIMITATIONS,ENTRANCE INTO THE PROPOSED DEVELOPMENT BE CHANGED TO INCLUDE TWO ENTRANCE LANES AND TWO EXIT LANES ONTO FOUNTAIN HILLS,THAT CITY STAFF REVIEW INTERIOR CIRCULATION, TO ELEVATE OR MITIGATE CONGESTION AND SAFETY CONCERNS, THAT THE CITY AND/OR JEFFERS FOUNDATION WORK WITH THE SCHOOL DISTRICT TO IDENTIFY, IMPROVE BUS STOP LOCATIONS AND CITY STAFF COMMENTS AND RECOMMENDATIONS IN THE CITY STAFF MEMORANDUMS INCLUDED IN THEIR REVIEW. VOTE: Ayes by Hite, Fleming and Larson. Nay by Peterson. The Motion carried. E. Amendments to Subsection 1102.1400 of the Prior Lake Zoning Ordinance - Consider a recommendation to amend Subsection 1102.1400 of the Prior Lake Zoning Ordinance related to the City's General Industrial (I-1)Zoning Use District. MOTION BY HITE, SECONDED BY FLEMING, TO OPEN THE PUBLIC HEARING FOR THE ORDINANCE CHANGE RELATING TO THE AMENDMENTS TO SUBSECTION 1102.1400 OF THE PRIOR LAKE ZONING ORDINANCE. VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. MOTION BY HITE, SECONDED BY FLEMING,TO CONTINUE THIS PUBLIC HEARING TO THE NEXT PRIOR LAKE PLANNING COMMISSION MEETING. VOTE: Ayes by Hite, Fleming, Larson and Petersen. The Motion carried. 5. Old Business: A. No Old Business 6. New Business: A. No New Business 7. Announcements /City Council Updates: 8. Adjournment: MOTION BY LARSON, SECONDED BY BLAHNIK TO ADJORN THE JUNE 15, 2015 PLANNING COMMISSION MEETING. VOTE: Ayes by Blahnik, Larson and Fleming. The Motion carried. The meeting adjourned at 10:35p.m. Sandra Woods, Development Services Assistant 22 Kimley>>>Horn July 8, 2015 Jeff Matzke City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Response to Planning Commission Conditions of Approval—Prior Lake SuperAmerica Dear Mr. Matzke, Kimley-Horn and C-Store Partners, LLC, on behalf of SuperAmerica, is requesting that the City of Prior Lake City Council Members consider the following responses to the Planning Commission's recommendations for conditions of approval of the proposed SuperAmerica Fueling Station at the northwest corner of Fountain Hills Road and Eagle Creek Ave NE(Hwy 21).The proposed use will assist in bringing future development to a long time vacant area in the City of Prior Lake and stay consistent with the overall intended commercial zoning of this parcel. ACCESS ROAD OFF OF FOUNTAIN HILLS ROAD: The Planning Commission has recommended that the SuperAmerica Site Plan be approved with the condition that the access road into the development be widened to a 4 lane road. SuperAmerica believes based on the current and future development in this area,that a 3 lane access road sufficiently serves the traffic that will be generated. Per the 2010 Highway Capacity Manual (HCM)a 2 lane arterial has a capacity of approximately 15,000 vehicles per day,while a 4 lane arterial has a capacity of approximately 30,000 vehicles per day. The anticipated volumes of the proposed roadway are much more consistent with the volumes of a 2 lane arterial. Adding a third lane to this access road will allow for even better operations at the intersection and increase capacity of the arterial. Additionally, the roadway that we are aligning with across Fountain Hills Road (Enclave Ct NW) is only a 2 lane road. SuperAmerica was originally proposing a 3 lane access drive with 2 entering lanes and one exiting lane.To alleviate some of the traffic concerns brought up at the Planning Commission meeting from some adjacent residents, SuperAmerica is now proposing that we revise the access road to only 1 entering lane,to allow for both a right turn exit lane as well as a through/left turn exit lane.We believe that by maintaining a 3 lane drive, yet revising the direction of the center lane, traffic will not queue as much since cars exiting to the right will no longer be delayed by cars trying to cross Fountain Hills Road. Also, with the revised configuration, the cars entering and exiting the SuperAmerica site will better align with the intersection of Fountain Hills Road and Enclave Ct NW. kimley-horn.com 2550 University Avenue West, Suite 238N, St. Paul, MN 55114 651 645 4197 Kimley>>>Horn Page 2 RESTRICTED HOURS OF OPERATION The Planning Commission has recommended that the SuperAmerica Site Plan be approved with the condition that restricted hours of operation be placed on the SuperAmerica store from 5 am—10 or 11 pm. These restrictions would be applicable to the car wash, C store,and pay at pumps. SuperAmerica is requesting that hours of operation not be restricted for the fueling station, C-store, or car wash. City Ordinance for this area does not regulate or restrict hours of operation for fuel stations or convenience store businesses.Also, in conversations between SuperAmerica and City Staff, we have been told that City Staff will also not recommend any restricted hours of operation. SuperAmerica has performed extensive trade/market analysis and studies during the due diligence and market research phase which has shown the need for 24 hour sales for the proposed property location. We believe that SuperAmerica fills a need in the market and that unrestricted, 24 hour operation is allowed by the City of Prior Lake Code of Ordinances. SuperAmerica has found at other stores that safety increases when a station is open 24 hours. Having an employee present 24 hours a day, rather than a "dark" (closed) store, encourages less crime and less loitering. SuperAmerica recognizes the concerns of the adjacent residents with a 24 hour operation and has tried to mitigate these concerns with additional landscaping and architectural features across the proposed development. SuperAmerica is generally agreeable to the other City Staff conditions, including some major architectural upgrades such as a metal roof to match the architectural features of the adjacent Fire Station, as well as an upgraded stone facade sign base to match the Jeffers Pond's monument sign. Additionally, we are currently proposing landscaping that exceeds the City of Prior Lake Ordinance. We are proposing 33 trees versus a required 27. SuperAmerica, where feasible, would like to be a good neighbor to the surrounding residential areas, however, we are asking for consideration for a 24 hour facility. The proposed restrictions from the Planning Commission are even more restrictive than those set for nearby similar businesses. The Holiday Stationstores just east of our proposed location (near 140th Street and Pike Lake Trail) has restricted hours(5 am—11 pm)for the car wash and C-store,however, no restrictions for the pay at pumps.The Holiday pay at pumps is 24 hours.Additionally,the Shakopee Dakota Convenience located to our west at 140th Street and Mystic Lake Drive has the same 5 am — 11 pm hours for store and carwash, but is also 24 hour operational pay at pumps. The Shakopee Dakota Convenience located further south on Mystic Lake Drive, near the casino, has unrestricted, 24 hours of operation. We are asking that the SuperAmerica be granted the same unrestricted hours. kimley-horn.com 2550 University Avenue West, Suite 238N, St. Paul. MN 55114 651 645 4197 Kimley>>) Horn Page 3 Please contact me at (651) 643-0475 or philip.kaufman@kimley-horn.com should you have any questions or comments. Sincerely, pl:40 Philip Kaufman, P.E. kimley-horn.com 2550 University Avenue West, Suite 238N, St. Paul, MN 55114 651 645 4197 July 10, 2015 The attached letter expressing concerns on project DEV15-00005 Super America PUD, PID: 25-437-1700 in multiple copies signed by: 1. Jennifer Hudoba, 3912 Raspberry Ridge Rd NW, Prior Lake 2. Michael and Kathleen Klinkhammer, 14309 Wilds Overlook NW, Prior Lake 3. John Elstad, 14991 Jeffers Pass NW, Prior Lake 4. Linda K Loger, 3791 Raspberry Ridge Rd NW, Prior Lake 5. Heidi J Maust, 3924 Raspberry Ridge Rd NW, Prior Lake 6. Karen Nordahl, 15302 Jeffers Pass NW, Prior Lake 7. John C Segal, 15256 Jeffers Pass NW, Prior Lake 8. John W Borsheim, 3915 Trail Point Ct NW, Prior Lake 9. Robert and Barbara Buie, 15331 Jeffers Pass NW, Prior Lake 10. Patrick and Patricia McDonald, 15198 Jeffers Pass NW, Prior Lake 11. Donald and Mary Ann Mertz, 15351 Jeffers Pass NW, Prior Lake 12. ?Jack or Beverly Born, 15292 Jeffers Pass NW, Prior Lake 13. Gerald and Betty Moe, 3911 Trail Point Ct NW, Prior Lake 14. Albert and Kathleen Woodward, 3100 Wilds Ridge Ct NW, Prior Lake 15. Michael and Katherine Murphy, 3912 Trail Point Ct NW, Prior Lake 16. Janet E Bayless, 15333 Jeffers Pass NW, Prior Lake 17. Jeffrey T Pleimling, 14160 McKenna Rd NW, Prior Lake 18. Belair Raqndall, 14352 Enclave Ct NW, Prior Lake 19. Robert W&Sue A Cikanek, 3030 Wilds Ridge Ct NW, Prior Lake 20. Christina A Kraska, 3976 Station PI NW, Prior Lake 21. Bruce Benson, 3895 Trail Point Ct NW, Prior Lake 22. Brian T& Melissa M Judd, 14450 Enclave Ct NW, Prior Lake 23. Joseph T O'Hara, 3961 Station PI NW, Prior Lake 24. Mary J Mosley, 3908 Raspberry Ridge Rd NW, Prior Lake 25. Myron G, Helen I & Ben Benson, 14291 Enclave Ct NW, Prior Lake 26. David A Clarke, 15223 Jeffers Pass NW, Prior Lake 27. Francis X Cunningham, 3962 Station PI NW, Prior Lake 28. Aidas Jonas, 3840 Raspberry Ridge Rd NW, Prior Lake 29. David W Johnson Jr&Amy K Hallberg, 14383 Enclave Ct NW, Prior Lake (extra comments) 30. Richard W Williams, 3903 Station Place NW, Prior Lake 31. Janet Mae Theresa Roszak, 14313 Enclave Ct NW, Prior Lake 32. Greg and Anna Zeldin, 14260 Enclave Ct NW, Prior Lake 33. Sandra Feldhake, 15043 Jeffers Pass NW, Prior Lake 34. Loren and Dianne Carlsten, 14413 Enclave Ct NW, Prior Lake 35. John and Maureen Koehnen, no address given 36. Andy Huynh, 14366 Enclave Ct NW, Prior Lake 37. Kelly Casey, 3973 Station Place NW, Prior Lake 38. Robert Nordin and Diane Rova, 3890 Trail Point Ct NW, Prior Lake 39. Brian and Jennifer Bellmont, 14334 Enclave Ct NW, Prior Lake 40. Roland and Sharon Gronholz, 14322 Enclave Ct NW, Prior Lake 41. Paul, Lisa and Nathaniel Gehrke, 3907 Station PI NW, Prior Lake 42. Maureen Rubischko, 15273 Jeffers Pass NW, Prior Lake 43. Terry and Betty Malloch, 3793 Raspberry Ridge Rd NW, Prior Lake 44. Roger,Catherine and Barbara Zemaitis, 3969 Station PI NW, Prior Lake 45. Pam and Jolene Satre, Dana and Maddie Benson,Aaron Stroeing, 15276 Jeffers Pass NW, Prior Lake 46. Paul Oberg,Jeffers Foundation, 2605 North Fernbrook Lane, Ste B-1, Plymouth, MN 55447 47. Linda M Ebert, 3960 Station PI NW, Prior Lake (extra comments) 48. Sandra J Busse, 3966 Station PI NW, Prior Lake 49. Sharon M Bachmeier, 3897 Station PI NW, Prior Lake 50. Frederick L&Ayesha Gonzales, 14358 Enclave Ct NW, Prior Lake 51. Deborah L Gillespie, 3974 Station PI NW, Prior Lake 52. Lou Demskie, 14252 Enclave Ct NW, Prior Lake (5 identical letters) 53. Steven M Pierce, 15287 Jeffers Pass NW, Prior Lake 54. Keith McDonald, 14471 Enclave Ct NW, Prior Lake 55. Karen &James W Anderson, 14280 Enclave Ct NW, Prior Lake 56. Alvin A& Kathleen LE Eckloff, 3084 Wilds Ridge Ct NW, Prior Lake 57. William Weyandt, 3913 Station Place, Prior Lake 58. Paul F& Kelly M Heidecker, 15110 Jeffers Pass NW, Prior Lake Mcdonald Patrick J & Patricia 15198 Jeffers Pass NW Prior Lake, MN 55372 Mayor Hedberg Council Members: R. Keeney, M. McGuire, M. Morton, and A.Thompson 4646 Dakota St SE Prior Lake, MN 55372 Re: Planning Commission Hearing on 6/15/15- DEV15-00005 Super America PUD, PID: 25-437-1700 Dear Mayor Hedberg and Council Members R. Keeney, M. McGuire, M. Morton, and A.Thompson: We are writing to you as residents of the Jeffers Waterfront. Our family resides at 15198 Jeffers Pass NW, Prior Lake, MN 55372. We are very concerned about issues resulting from the proposed gas station in our neighborhood at the intersection of County Road 21 and Fountain Hills Road. The planning commission heard concerns from over multiple residents in attendance at the Planning Commission Public Hearing on June 15 from Jeffers Pond, from several e-mails and in a petition signed by many residents to reject the PUD as submitted by C-Stores Partners, LLC. The primary reasons included the following concerns: traffic, safety, need for another gas station, excessive noise levels, aesthetics, and excessive light levels. Below are the details for each of our concerns followed by the recommendations to address them. On behalf of my neighbors and my family, I implore you to review our concerns and recommendations in making the final decision on the above PUD. We trust you will be able to make a decision that will benefit the residents of our community. CONCERNS: • Traffic concerns: It is safe to assume that the gas station will generate at least one thousand vehicle trips in and out of the Fountain Hills Road entrance every day. As you know, the intersection with County Road 21 is four lanes, and uncontrolled. There are no stop signs.There are no traffic signals.As you might imagine, during rush hour periods, the traffic will back up on Highway 21 for vehicles attempting to turn into Fountain Hills Road, and for vehicles exiting.Vehicles entering Fountain Hills Road will be required to stop, and turn north into the gas station entrance. All of this would take place within 50 feet of our neighborhood. In contrast, specialty shops open during day hours would not generate significant traffic and would avoid much of rush hour congestion. • Safety concerns: There is a fire station right next to the place of proposed gas station. The only exit out of the fire station is through Fountain Hills Road to County Road 21. Currently the traffic levels are low at County Road 21, so emergency vehicles leaving the fire station can easily turn onto County Road 21 to reach their destinations quickly. With the additional traffic the gas station would bring in to the area,this would make it harder for the emergency vehicles to get out. This creates additional safety concerns due to a potential increase in auto accidents. The elementary school is just down the road on County Road 21, so traffic may include increased number of children and thus make our children less safe, and backups during periods of bus and parent drop-off or pick-up. • The need for another gas station: There are already twelve existing gas stations within 2.5 mile radius of Jeffers Waterfront with the closest within 0.6 miles.The County Road 21 corridor from Hwy 169 to County Road 13 in Prior Lake has 4 gas stations with convenience stores. Apparently,the number of gas stations in the area exceeds the demand for gas.There is no need for another gas station at Jeffers Waterfront. • Excessive Noise Levels: Currently the traffic levels are low at County Road 21, so emergency vehicles leaving the fire station manage to leave the neighborhood with no sirens on. With the additional traffic brought in by the proposed gas station emergency vehicles attempting to turn onto County Road 101 would need to use the siren. This will create excessive noise levels for the neighborhood disrupting its current quiet environment. Proposed long hours of operations would extend excessive noise levels to nighttime and early mornings, disrupting the sleep and comfort of residents at neighboring houses. • Aesthetics: The proposed structure of the gas station will not fit the character of our neighborhood, and what the developer, and the city have previously promised to the Jeffers Waterfront residents. Rushing into an individual PUD to build a sub-standard, low-level design gas station and a convenience store will not keep with the original intent of Jeffers Foundation and development in the City of Prior Lake. • Excessive Light Levels: The 20-feet lighted pylon sign proposed by the gas station is not compatible with the signage in the Jeffers Waterfront development.The sign is proposed to be installed right next to the Jeffers Waterfront monument signage, will be twice the height of the Jeffers Waterfront signage, designed to be illuminated, and thus will completely take over the Jeffers Waterfront signage. The gas station canopy signage with large Super America lettering is not attractive. Proposed long business of operations will extend excessive neon illumination levels to nighttime and thus turn the area into the "Super America" neighborhood.The pride of living in the beautiful waterfront area will be diminished by the unfriendly business strategy to replace the street lighting with its super bright business signage just to generate more profit. RECOMMENDATIONS: • We object to the proposal due to the concerns expressed above.As you have heard from the residents, all of us understood that any commercial development would consist of light retail, possibly in the mold of what Maple Grove has done. We recommend that the construction of the proposed gas station is rejected by the city council.There is no need for the area to have a thirteens gas station in the 2.5 mile radius from the proposed location. • We propose the developer to continue with the design criteria compatible to exterior finish of the Fire Station#2. This will continue to complement the overall upscale theme of Jeffers Waterfront. This would help Jeffers Waterfront to remain a model neighborhood to the City of Prior Lake. • If despite the entire neighborhood objecting to the gas station proposal,the city council chooses to proceed with the construction, we recommend to at least move the gas station up north from the residential area. There is an additional land area in the northern part of the outlot, at the intersection of County Road 42 and County Road 21,where the gas station may be more appropriate. It would address multiple concerns: o It would allow for an entrance to the gas station from County Road 42.This would address the traffic concerns by eliminating backed up traffic on County Road 21. o The move would address the safety and noise concerns by providing an easier exit for emergency vehicles from the fire station. • Also, if a proper traffic study was to be conducted and reviewed, the city may determine that the proposal will not work for the neighborhood.To our knowledge, no such study have been conducted as of yet. Proposed levels of increased traffic would require at least a traffic signal on County Road 21 and Fountain Hill Road and additional traffic lanes on Fountain Hills Road. • Business hours of a commercial development in the Jeffers Waterfront neighborhood should be limited to between 6am and 10pm. Signage and exterior canopy lighting needs to be turned off and dimmed on the building between 10pm and 6am This would address excessive noise levels at night and keep the neighborhood esthetically attractive to its residents. • Before the final PUD approval, we recommend that the City Council request the land developer submit a revised comprehensive plan for Jeffers Waterfront commercial development. We, as residents of the neighborhood, would be interested to review and discuss this plan as it becomes available. Thank you for your consideration of our concerns and recommendations. Sincerely, (Signature) (Name) (Date) #1. _ # _► g--d l) c -.7 7 (Signature) (Name) (Date) (Signature) (Name) (Date) (Signature) (Name) (Date) (Signature) (Name) (Date) STAFF RESPONSE TO SUPERAMERICA PUD Traffic: Fountain Hills Drive as well as the intersection of Fountain Hills Drive and CSAH 21 were built with the Jeffers Pond development to handle larger volumes of traffic,which can be expected for the mix of commercial and residential in this area. The left and right turn lanes off CSAH 21 should function well to accommodate the trips to a gas station and other commercial development at Jeffers. Because of these turn lanes, traffic will not obstruct CSAH 21. Fountain Hills Drive is planned to connect to the east of CSAH 21 and become a four legged intersection. As traffic increases at this intersection, a signal can be expected once the signal criteria is met. The gas station proposal alone will not trigger construction of a signal on CSAH 21. Until the signal is in place, northbound access onto CSAH 21 from Fountain Hills Drive may experience delays during peak times. It can be expected that some of this traffic may head westbound to CSAH 42 to avoid CSAH 21 delays. The developer is proposing one lane for entrance and two lanes for exiting into the commercial development and gas station parcel. This should function well to serve this area. No stop signs are proposed on Fountain Hills drive in this area, so turning movements into the commercial area or Enclave Court will be uncontrolled. A stop sign is proposed for the exit out of the commercial area and gas station. It is reasonable to expect that a gas station will generate 1,000 vehicle trips or more. Traffic counts on Fountain Hills Drive are currently under 300 vehicles per day. The addition of a gas station will not require modifications to Fountain Hills Drive. Similar roadways in Prior Lake are accommodating 5,000 vehicles per day. Specialty shops can encompass many different types of businesses; however, successful specialty shops may have similar trip generation at similar peak hours. While city staff is comfortable with the traffic impact of a gas station at Jeffers Pond, a traffic study could confirm the trips generated for the gas station and confirm traffic counts and patterns on the local roads. If a traffic study is requested, it should include counts for the existing and proposed commercial/residential uses in the quadrant based on the PUD amendment request. Safety: At least 95%of all fire calls from Station 2 go to CSAH 21 to travel north or south. Existing levels of traffic on CSAH 21 are approximately 10,000 average annual daily trips(AADT)according to MnDOT reports for 2013. Those levels are projected to increase to 25,000 AADT by 2030 according to the City's Comprehensive Plan. Therefore,traffic will increase on CSAH 21 with or without a Super America station based on overall development and growth in Prior Lake and surrounding areas. There are currently Advanced Warning Flashing Lights on CR 21 north and south of Fire Station 2. These are activated by the fire trucks' EVP systems when they approach the intersection.This is the same equipment that the Police and Fire Emergency Response Vehicles use to change traffic signals. A signal is planned for the CSAH 21 intersection once traffic warrants meet county standards,which may not be until Fountain Hills Drive is constructed directly east of CSAH 21 through the Vierling property. Noise: Sirens and lights on fire trucks are required for nearly every call at the point that they leave the fire station. However,fire truck drivers typically can delay their siren until after leaving the station as situations allow in order to be good neighbors;their activation will then occur as they approach the intersection of CSAH 21. Therefore, noise from emergency vehicles will not be altered based on the level of surrounding traffic as they leave the station. Outlot C is designated in the Jeffers Pond PUD for a mix of commercial and high density residential uses, subject to further possible restrictions by the City Council such as hours of operations. The City does have a noise ordinance, City Code Subsection 605.1000. Aesthetics/Site Design: As indicated by the submitted applicant's narrative (Kimley-Horn letter in July 13th City Council Agenda Report), design of the site will be upgraded including a metal roof to match that of the nearby fire station, increased landscaping along Fountain Hills Drive above that of City Ordinance requirements, and signage plans that will have a base that matches the Jeffers Pond monument signage. These upgrades have not yet been indicated on the development plans, but they could be listed as conditions of approval (City staff recommends these upgrades in their memorandums). The City Council can condition various aesthetic changes and site design requirements as part of a PUD application. Market Need: As stated by members of the Planning Commission (and affirmed by the applicant) at the June 15th public hearing,the applicant has completed its own feasibility analysis to support the site selection of this property as a fuel station location. The applicant stated that they conducted studies which indicate a service need in the area for the fuel station. As indicated in the June 15th meeting minutes, Commissioner Hite stated "they(Super America)are not in the business of losing money". Typically, local governments are not well qualified to determine the private market of commercial business. A technical memorandum dated 12/27/04 by McComb Group Ltd provided demand conclusions for retail, service and office uses within the proposed Jeffers Pond PUD. Retail demand, for example, was supported by estimated household growth within a defined trade area. Light: The City Code includes a lighting ordinance (Section 1107.1800)which states requirements for all exterior lighting in regard to specifics such as pole heights and light spillage. The Super America site design will be required to meet this ordinance. In general, newer gas stations that meet current lighting standards are very different from older stations. ,11III 111111 111111 hill ,111II Ii IIi111.1111e1.1110e Abe PRIOR LAKE AREA CHAMBER OF COMMERCE July 6, 2015 Mayor & City Councilors Frank Boyles City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Dear Mayor, City Councilors and Mr. Boyles: The Prior Lake Area Chamber of Commerce supports and encourages development of the City of Prior Lake's commercial lots at both Jeffers Pond and Eagle Creek Commercial sites. The Prior Lake Chamber believes this will improve quality of life, environmental health or economic competitiveness through the use of solutions that ensure a high return on investment. Continuing with the developing commercial sites as proposed will ensure Prior Lake to continue to be a vibrant, thriving commercial core where customers and business owners will shop, walk and entertain. As stated, the Prior Lake Chamber of Commerce is in support of keeping the properties commercial. Sincerely, Sandi Fleck, President 2015 Prior Lake Chamber Board of Directors Administration Dept From: Frank Boyles Sent: Friday,July 10, 2015 2:46 PM To: Administration Dept Subject: Fwd:vote concerning commercial lots at both Jeffers Pond and Eagle Creek Commercial sites Attachments: 2015 Commercial support.docx;ATT00001.htm Sent from my iPhone Begin forwarded message: From: Ed Speiker<Ed@Speiker.com> Date:July 9, 2015 at 5:40:49 PM CDT To: 'Ken Hedberg'<khedberg@CityofPRIORLAKE.com>, 'Frank Boyles'<FBoyles@CityofPRIORLAKE.com>, <monique.durda@mchsi.com>, <athompson@cityofpriorlake.com>, 'Mike McGuire' <mmcguire@CityofPRIORLAKE.com>, 'Rick Keeney'<rkeeney@CityofPRIORLAKE.com> Subject:vote concerning commercial lots at both Jeffers Pond and Eagle Creek Commercial sites Reply-To:<Ed@Speiker.com> Dear Mayor, City Councilors and Mr. Boyles: My history in Prior Lake and my role in the Prior Lake Area Chamber of Commerce requires me to share my views on the upcoming City vote concerning commercial lots at both Jeffers Pond and Eagle Creek Commercial sites. First of all, you can never make everyone happy, all of the time; it seems to be a particularly difficult year with many, many challenging decisions to be made concerning the future of Prior Lake. Thanks to all of you for your caring and deliberate considerations to the many issues facing Prior Lake, I appreciate all your efforts. The Prior Lake Area Chamber of Commerce is organized to advance the general welfare and prosperity of the business community in Prior Lake. Our Mission is to be a leader in promoting the spirit of our city, enhance the quality of life for the community and a progressive business environment as well as to serve as the business voice of Prior Lake. (Straight from our by-laws) The Chamber Board takes this responsibility seriously, thus the attached letter, which I'm sure you have all seen. We understand with all decisions there are the pros and cons along with many emotional arguments. I have to believe all the citizens of Prior Lake need and want more commercial choices, but then NIMBY raises its ugly head. Not in my back yard! The proposed development of designated commercial lots will benefit Prior Lake by providing many more service businesses and restaurants to the area. I realized in the 5 years I managed the PL VFW Club, as more and improved restaurants opened in PL, our business increased. An example was the closing of the Basement and opening of the Pointe. More customers come to an area if they have choices of where to eat or shop or be entertained. Existing businesses will benefit from the proposed development. Have service businesses choices kept up with the growth of Prior Lake? I graduated from PL High School many years ago, when Prior Lake had a population of less than or about 1,000 people. But I remember several grocery stores on Main, a couple of hardware stores, and as many or more gas stations than there are today. I also remember Mary's Café and the Town Treat. These restaurants served breakfast, lunch and dinner, seven days a week and they were located on Main Ave. The opportunity to return those eateries to Main Ave. are probably gone. The population of PL has multiplied nearly 25 times over the years, but have the service businesses in the community kept pace with that growth? 1 Enough with the emotional arguments. My figures are not exact and at least a year old, but should be close to actuality. Considering the total taxable value in the City of Shakopee, 40% is commercial and industrial. Another neighbor, Savage, is 20% commercial and industrial. Sadly, Prior Lake sits at less than 10%. A horrible tax revenue disadvantage to the City of Prior Lake and the citizens. I believe the City has already begun the annual budget process and is probably facing the same problem it has every year. Citizens demand or request more and better services, but do not want taxes to go up. Without increases to the tax base with additional commercial development, tough budget decisions you will have to make. My last point is a goal that I heard about a year or so ago. Both the Prior Lake and Scott County governments wanted to offer more and better employment opportunities locally for the citizens. Congested roads leading to Hennepin or Dakota Counties for jobs, entertainment and services by the citizens of Scott could and should be eliminated by providing those opportunities locally. Important decisions are never easy, but they have to be made weighing the good with the bad. What is best for building and maintaining quality of life in Prior Lake? You will have to make that decision, good luck. I am unable to attend Monday's council meeting because of a prior commitment, but I'm able to discuss this further with any of you prior to then, if you desire. Thanks for listening to me and for all you do for the community, It truly is appreciated. Ed Speiker, Board Chairman Prior Lake Chamber of Commerce 952-334-6607 www.priorlakechamber.com .,,LOCAL P :4 www.Prlorlakechamber.Com 2 RECEIVED Jul 1 - 2015 104 , D;rerlrrr,f , P,1z1 \ Oberes CLO;( r() • I( r(lus R.b\rx)llr vAssl Cl 0 \IIkeIdrhrxl;nr \I' Dar I )r.r \-i'%SCC. krII \1. A urrav Asst CI() (,,i erl I nctr)n Dig. Cr err.ri ll r ,, 5, 0::Ii)1(1.rI1 0. LI' r (r;n.1l Prr,c3r<ti ,S - — ' ' ' ' - ' STecceR uk lane- FOUNDATION Plymouth, Minnesota 55447 Phone/Fax: 952-475-9914 www.jeffersFoundation.org info 'jeffersfoundation.orq June 26, 2016 Mayor Ken Hedberg: City of Prior Lake 4646 Dakota Street S.E. Prior Lake, Minnesota 55372 Dear Ken: As you know, Jeffers owns Outlot C in Jeffers Pond First Addition, which is located in the southwest corner of the intersection of County Roads 42 and 21. In addition, with the intent of developing a village community consisting of a senior coop complex and workforce rate rental townhouses or apartments and complementary businesses to provide needed resources to serve the community, Jeffers has recently purchased Outlot B to the west of Outlot C. It is my impression that the city desires to see the development of this property focused upon commercial uses as contemplated in the PUD creating the Jeffers Pond development. If, indeed, this is your goal and objective, it is incumbent upon Jeffers and the city to seek businesses who want to do business in this type of community. Sadly, Jeffers has been diligently seeking (unsuccessfully) businesses interested in leasing or purchasing this property for more than seven years. I have even tried to entice medium-box grocery outlots by offering to lease the ground to them, with rental income based solely upon the income and sales derived from this location. It was my personal belief that the opening of County Road 21 north of County Road 42 would make this a real possibility. Unfortunately, this has not proved to be the case. For example, notwithstanding the great increase in traffic,we have found no parties interest in exploring the potential which we feel we offer. We have contacted (through several brokers) numerous food outlets, banks and credit unions, Mayor Ken Hedberg June 26 2015 Page Two all without success. We have also been turned down by both Walgreens and CVS pharmacies. I am personally a great fan and admirer of KwikTrip, both because of their excellent merchandising, but also by their status as a long-term employer giving retirement, educational and health care benefits to their employees, and, nothwithstanding their prior bad selection of sites in the Scott County area, I have not been able to pique their interest in our site. Finally, with strong support from Tim Nichols, an investment banker friend of mine who lives in Prior Lake, we have secured a purchase offer from SuperAmerica to build a convenience store and gas station at Jeffers Pond. As you surely must know, the acquisition of this site by SuperAmerica will (or should) open the flood gates to commercial development of this property.We need one significant reputable business to get the development of the community underway. Without this project, my prior experiences tell me that we will wait a long time before this type of opportunity comes again. I understand that Jeff Matzke has told you about our experience at the last Planning Commission meeting. It seems that there were at least ten or fifteen people speaking in opposition to the SuperAmerica proposal. They all stated that they knew that there would be commercial development on Outlot C, but that they never thought that commercial development included a gas station and convenience store (which are both allowable under the commercial zoning classification). They expressed fear that such a facility would cause an increase in crime and the danger of fire (ignoring the fact that Fire Station No. 2 would be a buffer separating their homes from the development and giving them the best possible protection from the perceived fire danger).They stated that there would be an excessive increase in traffic which would hinder access to their property and that the increase in traffic would subject their children to risk of accidents at the school bus stop. They expressed the thought that the night lights of the store would interfere with their privacy (ignoring the fact that the lights would be in an area perhaps 1,100 feet distant from their homes and separated by the fire station building). Perri Hite is a very intelligent woman. She listened politely to the comments of the residents of Enclave Court and Station Place, and then, in order to get the matter forwarded to the City Council with a Planning Commission recommendation, she secured the approval of the application by the Commission subject to a closing of the gas station and convenience store after 11:00 p.m. and requiring an access driveway consisting of two lanes in and two lanes out (not an issue needed or discussed by the planning staff and our engineers) and a couple of additional minor conditions not suggested by the planning commission staff. While not a deal breaker to install two lanes of traffic into the site, the limitation of hours of operation certainly is a deal breaker. Mayor Ken Hedberg June 26, 2015 Page Three While not directly an issue, Jeffers is now paying approximately $250,000 in annual real estate taxes. If the application is not approved, we will, at the very least, need to question and contest the current assessed value of the property. At the worst case scenario, it may be prudent in the interest of focusing our available funds on our effort to improve the education of our children to abandon the property. As a matter of interest, we purchased Outlot B for a net price of approximately $180,000. This represents the market value placed on the commercial property at this time by potential purchasers for commercial use. The assessor values the property for taxes at a value of $970,000, or more than five times the fair market value of the property at the present time. Who is wrong, the assessor or the value placed upon the property by potential commercial users? In short, I strongly urge and support the approval by the City Council of the SuperAmerica application and hope the City Council will understand and agree that approval of this project is in the best interest of the city. If denied, what message will you be sending to potential developers of commercial property about the commitment of Prior Lake to see this area thrive as a neighborhood retail center? I will be happy to discuss the matter with you further if you would like to do so, and, while I do not know other members of the Council, I would suggest that you share my letter and thoughts with them so that they can better understand the significance of your deliberations with respect to this application. Thanks for your consideration. Sincere Paul W. Oberg vt . c3 ,,..1%..) RECEIVEDLo a g‘c 0 1.S- JUL 0 8 2015 i Ac31)-y\J va.., .ii_,(Luy ,ti 61•zi •3 .z.41} 4e / 1 / P-111)1"cC2 45L- 1 4A6- A AAJ-Q- ee V6 4 i 0..__46 .,c_.-P_A- --e50-5-0--Lx-f--> - ---1)•-(-- --4 .- (1-) -AQ_iA.A--ea_, A 4 I 1 ) f , i I / 4 4 I ' 4 ° OJAt Ac0-11-L a/ / tA._t2____ q • - /# ..) 41 (:),. .,6k,, ,, __ „- -t.t 7 I 14:-L acg--) pCitc _J-6 C'o--LL-Azt (-- , kb- ,b al - Jk.--,J , , , . - Ctni--(9-- . Q ,Jx ot ' 1 1 , G- k,„, . 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