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CUP 93-11 • \ t v � G '� +� � October 18, 1993 ti � Planning Report CUP93-11 O P K � t� CONDITIONAL USE PERMIT AMENDMENT- HOLIDAY Proposed Action. Staff recommends the following motion: Move to adopt Resolution RZ 93-23 recommendin� denial of an amendment to Conditional Use Permit 91-5 �ranted to Holida�panies, which required closure of the northerly access on l lth Avenue one year after occupancy_ Overview. In 1991 Holiday Companies received a conditional use permit to construct a new gas station on the southwest corner of llth Avenue and County Road 3. One condition of the conditional use permit was that the northerly access on l lth Avenue was to be closed within one year of occupancy. On November 1, 1993, the Holiday station will have been open one year and is required to close the access. ^ Holiday has now asked to amend the conditional use permit and allow the access remain open at the present time. Holiday has asked that if it is felt future trai�ic circumstances justify closure, that the access could be closed. Primary Issues to Consider. o What was the reason to close the access? o Does the applicant have access if the northerly access on l lth is closed? o What is the reason for the request from the applicant? o What is the staff recommendation? SuppoCtin� Documents. o Analysis of Issues o Site Plan o Resolution RZ93-23 g , (� �,�. Nanc}� . Anderson, AICP Planner .-. . .. N ' ' �A��, IQ �� ,��. �� y t,�� — ' __ . . ._ . 1 �. lv ',� � �?,L,. ��.,.y� ..t . . �� :. pi�5� �Y t { o� c ti ;k r ��jg�t . '"'� : r ti�� q�... , .r .s . !ti z.v� �, � - .. . '^�"L'r� vi:�,`�a�•?��}. . . . . .. ... . . �--. r� .. . . _ ,.. ... . � . .. . . .... . � ._ .. ._. ..... � . �� . :_ ..w,ayyy,ti�"..:- k Y �� i`4- t�'W��y�l.. +Y�a� � Cr+�-••4 �k�� ,�"f�r t �'� � .. F� ��,, �,� . iN �'..i k � �,riS�� i�A4s gr. -.:� '1.�. �Y`4 '.T'4frrijy�°,�`�1 _'� . 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'� t '�,' !:r «. � 4 i �,�`'..�t u��„�.k�ai. 34 '� . .. . � . � . . i „a�� . a . . . . y � `� `s � : i ��` �r'ro� ,� � '. � �,�""'��' .' ��. �'w-�r c�,." , . . . . �".S `ti�'^�9 -e`L� � '� �.�° ~h.a . � ,. , . . - . �.,:F}, �r-,.� ,s.?n". �..- �'��._ �Y � t'1�'. �.,�. . . . . y = : k` n ` .y�y�°,{,,,�'` .. ' _' '_ C , ��f�w, . ��k�R��!➢S�S� �r �� .•^k� E.-'„�� . � . P. � Y t{- �-a ��i �y 6� .,.t, 1 . �. �`C ` � ��"`1k14.'l�Y y�� x .e„ . . „� w;. y, "�`e � �. �t' �:� ' . � . , �- . . ._i ,.. .._ _ - �'`,a`a1F ,< .°''.. . . m...�-a.., . _.t'�"�t . , , . ., e., , ^ ... . . �\ l_� : ` CUP 93-11 � Page 2 Primary Issues to Consider. o What was the reason to close the access? The reason for the access being closed is the conflict with the free right turn on County Road 3. A car making a right turn from County Road 3 to 11 th Avenue will be looking left, not down 11 th Avenue. If a car was trying to exit the northerly access at the same time the possibility of an accident can occur. Also, a car trying to make a left turn from the northerly access may create a problem because the northbound car stacking from the traffic light can be further south than the northerly access. A car making a left turn may cross the southerly traffic on 11 th Avenue and wait for the traffic light to change and create a traffic problem. It has been the City's policy that when a property is subject to City review, accesses that do not meet traffic safety standards are closed. When Holiday was granted their conditional use permit to construct the building, the subject access was discussed at great length. Since the granting of the conditional use permit nothing has changed and the staff is still recommending that the access is closed. o Does the applicant have access if the northerly access on l lth is closed? The site will still have two access points with the northerly access on 11 th closed. The access ---� that remains on l lth Avenue is a full movement access, while the access on County Road 3 is a right in right out only. Holiday does share both of these access points with Justus Lumber. o What is the reason for the request from the applicant? The following are the reasons the applicant has indicated for having the access remain open: o To their knowledge, the northernmost driveway on l lth Avenue has not been a hazard to motorists or the City o Since they operate 24 hours a day, the majority of their operating hours are non-peak hours and this northernmost driveway functions efficiently and provides convenience to our customers o We are still establishing our business and continuing our efforts to broaden our customer appeal. The convenience of our location is a key business generating factor. Easy ingress/egress and on-site circulation determine the overall convenience of our location and circulation determine the overall convenience of our location and have a direct impact on our business. The northernmost driveway on 11 th Avenue is an integral part of our site design providing ingress/egress and circulation needed to fully utilize our location and provide the greatest convenience to our customers. o The northernmost driveway on 11 th Avenue is the only access to our site that is not shared with Justus Lumber Company. � CUP 93-11 Page 3 o What is the staf�'recommendation? � The staff is recommending that the northerly access on l lth Avenue is closed as required by the original conditional use permit. The staff is making this recommendation because the access of being too close to the intersection creates a potential conflict with the free right turn on County Road 3. Alternatives. 1. Recommend approval of the requested amendment to the conditional use permit. By recommending approval of the requested amendment the City Council will consider a recommendation to keep the northerly access open. 2• Recommend denial of the requested amendment to the conditional use permit. By recommending denial of the requested amendment the City Council will consider a recommendation to close the northerly access as required by the original conditional use pernut. 3• Continue for further information. If the Planning Commission indicates that further information is needed the item should be continued. � �� • � • � �� ' Location Map _� � 2 I .l,ea•. i3oo �- J - -- � i2 ° : ' ::::: �2% /200 F (I I) 9 �g��6� � 920 (19) ...p..• ' .. ....• I . . ..... �3� .. ... . . �4� I . ..... . �7� �OT I O _ � � . � E ��o� 6 0 . �3� � - � N - C�� 2� : �O , �c � I � � V � � S � � � � �•- �I) � �. � , ' i SO. O \ �N ST � � � INp� 2 � � 3 �� W� , � o � � . 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(/ 9 : � 4�4 , � 14 �,� 5 I 15 � � CITY OF HOPKINS Hennepin County, Minnesota `� RESOLUTION NO: RZ93-23 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT TO CLOSE THE NORTHERLY ACCESS ON 11TH AVENUE WHEREAS, an application for a conditional use permit CUP93-11, made by Holiday Companies to close the northerly access on llth Avenue one year after occupancy is recommended for denial. WHEREAS, the procedural history of the application is as follows: 1. That an application for an amendment to a conditional use permit CUP93-11 was filed with the City of Hopkins on September 21, 1993 . 2 . That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on the application and reviewed such application on October 26, 1993 : all persons present at the hearing were given an opportunity to be heard. 3 . That the written comments and analysis of the City staff and � the Planning Commission were considered. NOW THEREFORE, BE IT RESOLVED that the application for an amendment to a conditional use permit CUP93-11 is hereby recommended for denial based on the following Findings of Fact: l. The close proximity of the northerly driveway on llth Avenue to County Road 3 does not provide adequate sight distance when a vehicle is pulling out of the property onto ilth Avenue. 2 . The close proximity of the northerly driveway on llth Avenue creates a conflict with the free right turn lane from County Road 3 . 3 . The applicant has adequate access to the site without the northerly access on ilth Avenue. Adopted this 26th day of October, 1993 . Patricia M. Reuter, Chairperson � C 'ON Gvou 'UNfloo A -FC at pqm ------------------- ----------------- ............. ----- --- ---------- - ----------- - - - - - - - - - - I t, al Iq El It L I 'LL [it L 14 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - 4 L R As, • O L R As, •