CR 93-187 CUP - Holiday
~ o ~ 'I
"I Y
-.":t \
ri--~'- C>
~I
October 27, 1993 +--- " i Council Report 93-187
OPK i ~ :
.
CONDITIONAL USE PERMIT AMENDMENT- HOLiDAY
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 93-124 denying an amendment
to Conditional Use Permit 91-5 granted to Holiday Companies, which required closure of the
northerly access on 11 th A venue one year after occupancy.
Mr. Winship moved and Mr. Gullickson seconded a motion to approve Resolution RZ93-23 denying
an amendment to Conditional Use Permit 91-5 which required closure of the northerly access on lIth
Avenue one year after occupancy. The motion carried unanimously.
Overview.
In 1991 Holiday Companies received a conditional use permit to . construct a new' gas station on the
southwest corner of 11 th A venue and County Road 3. One condition of the conditional use permit
was that the northerly access on lIth 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 stated that if it is felt future traffic circumstances justify closure, that the
access could be closed.
Staff reviewed the applicant's request with the Commission, Mark Nelson, representing Holiday
Companies appeared before the Commission. Mr. Nelson stated that closing the access would have a
negative affect on the business. Mike Gorman of Barton-Ashman (traffic consultant) appeared before
the Commission. Mr, Gorman was hired by Holiday to review the access. Me Gorman stated that the
data does not indicate that the access should be closed, The Commission discussed the reasons to
close the access, There also was discussion on the possibility of a right turn only for the access, Lee
Gustafson, City Engineer, stated it would be possible but not practical.
Primary Issues to Consider.
0 What was the reason to close the access?
0 Does the applicant have access if the northerly access on 11th is closed?
0 What is the reason for the request from the applicant?
Supportin2 Documents.
0 Analysis of Issues
0 Site Plan
0 Resolution 93~124
. ~<Z\~
Nancy . Anderson, AICP
Planner
CR 93-187
Page 2
Primary Issues to Consider.
. 0 What was the reason to close the access?
. The reason the City required this access be closed is because of the potential conflict with the free
right turn on County Road 3. The driver of a car making a right turn from County Road 3 to 11th
A venue will be looking left, to merge onto 11 th. A venue, If a car was trying to exit or enter the
northerly access at the same time, there is the possibility of an accident. 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 A venue 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.
0 Does the applicant have access ifthe northerly access on 11th is closed?
The site will still have two access points with the northerly access on 11 th closed. The access that
. remains on nth Avenue is a full movement access, while the access on County Road 3 isa right in
right out only. Holiday does share both of these access points with Justus Lumber.
0 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:
0 To their knowledge, the northernmost driveway on 11th Avenue has not been a hazard
to motorists or the City
0 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
0 Weare 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 A venue 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.
0 The northernmost driveway on 11 th A venue is the only access to our site that is not
shared with Justus Lumber Company,
.
CR 93-187
Page 3
Alternatives.
. 1. Deny the requested amendment to the conditional u'se permit. By denying the requested
amendment the applicant will have to close the northerly access as required by the original
conditional use permit.
1. Approve the requested amendment to the conditional use permit. By approving the requested
amendment the applicant will be able to keep the northerly access on 11 th A venue open, If the
Council wishes to undertake this action, findings of fact will need to be detailed. These will
need to be articulatedin'such a manner so that a negative precedent is not created.
3. Continue' for further information. If the City Council indicates that further information is
needed the item should be continued.
.
.
ff V. .,"..... "'- eo. __ ..
location Map @
2/
.
1300 I L ~~ ::: ::: (2)
. (/9) s~
' I
(4)
I . (7) lor I
!!>
. . ~
I E (0) 6 '"
J \3\ =
!.i) (2) I . NO. 1'ERtl .
. I ! \... S. '~'ES
. R. · II) 'V'f
i I
I . 0
ItlOR1'\-\ 51. ~ Sue
. 3 1/2 1~ .
.~ ()
"t ".
. ,
'5
. o~ ~
. \~ '"
I\. U Q (5) I
(8) ~ ~
lOT 3 ~
.,
;J::
~..
"
1305'-13/5 "-
5Fii -- --STRSET --s'0--. _
7 2~tV-io/_J.;. f I 17 f /20<) I. ///0 //06 //02 " I
. c;;.'I-J , 1 I ///
1 2'0,' I 02 I I '6 I., 2 I Cl) / /, I I
I 2f::11 a... I I 15 II (4) 3' lqr 6 ~ I I I
- / 3 / . /1 . I /1/ 2 / 22
210,' :151414 / I 14 / / 436 / / "201/ 3 " f /
2~ I <: 5 ( 1 '3 1/ 5 I / '9 : " 4 I I, 20
I. 19 .q; I ~. 6' I.. 12 I' 6 I 18 1/ 5 I / / 19
,""...... f .. . I f I f I 1
. 18v" f ~ 7 1/ ,. 7 17 I 6 . I
- 1<:. I I. I I 1 I I
'm 1 . · 1 / 10 " , 16 " 7 I I I
'''-' " 9 t; I , I: 9 , '15 II . / / :
1~/132lii10I I 1 · ~ 14 I~
__________ -.afT :\TAli) ""
~ . ."' 10-8 ra\
ra\ = :srNl
" r.u.n-K.; l:L6I'05. CNcrr
A:. rrr.. \IlIJ1O) 10 ~
or COi1lt \tIlI'Y V/o.MJt. '
o m1:M: DI:\T. ffill"',oK c:utt)
b 11: 10 ~ COiCX1r
I lJ3T I<l:U ~AY =rm
b ~\f:. <ntl 10 lRAmC ~
r - - .
. 1. ! \tWY EXACT LOCA1Di CJ'"
L____J ' :S1tR1 ~ IIfl'I'Y 1<IClV
r-- --, W'te.t l:lNOS.CM<<:f'Y FTC.
2 "
L_:....__J
r- - - - ,
3.
L____J
r--~\t .
..._ _' l5-ct "
L-:.:- - l.tm~cl'D..f() srcw.(n~ I I I
:e: ". A-8 ra\ rr:r~ I I I
, I I
, I C":)
'l" I'Aa1JCT 116 ' I
I I
~---------~-~-----~ ' I
, I .
, I I 0
, ,
" QJ Z
, ,
I I
, I ~
t ' 0
0, --' : :
.. 0
~ ~
nNT ~t ~
W.t1. IUlf:T \.DGO (10 sa l'T.)
Tll'. 3 :co. 2 RafT tw(). J:l~ '
1 UfT tw() fAa::5 Ilfll ~J:l Z
14'-0 1/T lW1. t'o.IlI. Y :lCll. gp
M:ll tmi 0 If1f; \HIE 0 Ql.Y:
30 sa fT. (TIl', 3 :n) 0
e - IUlf:T \.DGO U
" _ IQ.I)O.Y:lClI
, CCt{1lt 10 tl:\T AU.: 16" llJ.f:/llfIl 24' GO..
tETlol. S11\I"/iC 0 lUIJ'lC " CM<<:f'Y ca..s.
.
DI:\T, N-rxD :lClI
10 rt: P:ltrMD
rw= ICY fJ3m(T
~ t6r 0J'5 I.K
DI:\T. fJ3m(T LK
DI:\T. 0J'5 LK I
I
I
NO. Og>fN:'!'R Tll"E I
1 IWL'
2 IWL =-
3 0JI0l.
- 4 IWL
5 IWL
6 IWL I
I
7 0JI0l. ;
,
8 0JI0l. I
-6
'I IWL
10 IWL
U 0JI0l.
12 0JI0l. J , ~.~--
13 IWL I
14 0JI0l. =- 4
NO.
15 IWL lNLAl%D 1 1 '1"- 20 10 0 20 010
t<<m:X. .262 101<lJ1 O:!". 10 rt: = ~:~ I , , , , , , , I
15 5
.1 4 '1". 1"=20'
SCALE
. rID Holiday Co ' REVISIONS LOCA l1ON:
I 'l'~
,I! CHANGE BY
. l' I
~ "'" .... SHEET l1lLE:
.
,.,C!,.,
IU:I'~ SCALE DRAWING NO.
,~, I
~ 1"-20"-0" ~~
-1
,';
. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 93-124
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING 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 11th Avenue
one year after occupancy is denied.
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 Plann.ing 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 denied based
on the following Findings of Fact:
1. The close proximity of the northerly driveway on 11th
Avenue to County Road 3 does not provide adequate sight
distance when a vehicle is pulling out of the property
onto 11th Avenue.
2. The close proximity of the northerly driveway on 11th 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 11th Avenue.
Adopted this 2nd day of November, 1993.
Charles D. Redepenning, Mayor
ATTEST:
. James A. Genellie, city Clerk
..