Conditional Use Permit Amendment/Holiday f
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CONDITIONAL USE PERMIT AMENDMENT- HOLIDAY
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution RZ 93 -23 recommending
Idenialfan::amendment to Conditional Use Permit 91 -5 granted to Holiday Companies, which
required closure of the northerly access on 1 lth Avenue one year after occupancy.
Overview.
In 1991 H-Ioliday Companies received a conditional use permit to construct a new gas station
On the southwest corner of 1 lth Avenue and County Road 3. One condition of the
conditional use permit was that the northerly access on 11th Avenue was to be closed within
one year of occupancy. On November 1, 1993, the Holiday station will have been open one
tyear =and is required to close the access:
Ioliday has now asked to amend the conditional use permit and allow the access remain open
ill At =the present time. Holiday has asked that if it is felt future traffic circumstances justify
closure, that the access could be closed. crt
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Primary Issues to Consider.
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What was the reason to close the access?
Does the applicant have access if the northerly access on 11th is closed?
What is the reason for the request from the applicant?
What is the staff recommendation?
Suauortin2 Documents.
Analysis of Issues
Site Plan,
Resolution RZ93 -23
M me a OnindQ
Nan Anderson, AICP
Planner
411
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 1 lth Avenue will be looking left, not
down 11th 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 11th 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 11th is closed?
The site will still have two access points with the northerly access on 11th closed. The access
that remains on 11th 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 1 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 11th 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 1 lth Avenue is the only access to our site that
is not shared with Justus Lumber Company.
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CUP 93 -11
Page 3
o What is the staff recommendation?
The staff is recommending that the northerly access on 11th 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 permit.
3. Continue for further information. If the Planning Commission indicates that further
information is needed the item should be continued.
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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 Planning Commission were considered. he City staff and
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:
1. 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 11th 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 llth Avenue.
Adopted this 26th day of October, 1993.
Patricia M. Reuter, Chair erson
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