HomeMy WebLinkAbout91-5 PCR Member Ella Sander introduced the
following resolution and moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 91-5
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDQ FOOD
STORES, INC.
WHEREAS, Planning Commission Application No. 91018 was
submitted by PDQ Food Stores, Inc. , seeking site and building plan
and special use permit approval to build a gas station/convenience
store/car wash at the southeast quadrant of Highway 252 and 66th
Avenue North; and
WHEREAS, Section 35-220, Subdivision 2 of the Zoning
Ordinance states that a special use permit may be granted by the
City Council after demonstration by evidence that all of the five
standards for Special Use Permits listed in said section of the
Ordinance are met; and
WHEREAS, the application was considered by the
Commission at its September 12, 1991 regular meeting during which
a public hearing was held and testimony regarding the request was
received; and
WHEREAS, the majority of the Planning Commission believes
it is necessary to revise the plans submitted by PDQ Foods, Inc. in
the following manner as a means of meeting the five standards for
Special Use Permits:
1. Provide an access off the frontage road no closer
to 66th Avenue North than the existing access
serving the Atkins Mechanical site.
2 . Provide a site design that clearly leads patrons to
exit the site via a shared access leading to the {
existing median opening on 66th Avenue North.
3 . Consideration of site design that might lead to the
elimination of some gasoline dispensing pumps which
would lead to better circulation on the site.
4. Consideration of only one access point from the
frontage road serving this site.
5. Modification to the plans for the canopy to provide
recessed lights to avoid light glare to the
neighboring property.
6. Elimination of the neon band on the canopy.
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RESOLUTION NO. 91-5
7. Modification to the plan to include a minimum 6'
high masonry wall to provide appropriate screening
of the site to the residential property to the
east; and
WHEREAS, the applicant, during the public hearing,
indicated it was not willing to revise the site and building plans
in accordance with the above recommendations; and
WHEREAS, testimony taken from neighboring property owners
raises concerns that the PDQ plan will not promote and enhance the
general welfare and may be detrimental to or endanger the public
health, safety, morals or comfort by citing recent problems
experienced at a nearby convenience store/gasoline station; and
WHEREAS, testimony taken from neighboring property owners
also raises concerns that the PDQ plan will be injurious to the use
and enjoyment of other property in the immediate area and may well
lead to diminishing property values in the neighborhood and be an
impediment to the upgrading of residential property in the
immediate area; and
WHEREAS, the Commission has considered the proposal in
light of the staff report, testimony received, and the standards
for a special use permit contained in Section 35-220.2 of the
City's Zoning Ordinance.
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NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center {
Planning Advisory Commission to recommend that Planning Commission ;
Application No. 91018 be denied on the grounds that the applicant
has not demonstrated by evidence that the standards for a special
use permit contained in Section 35-220.2 have been met.
Specifically, the Commission finds that the standards are not or
will not be met on the basis of the following:
1. The arrangement of the access drives on the
proposed site plan does not lead motorists to exit
the site via the joint driveway to the median
opening in 66th Avenue North. The result of this
arrangement will be for many cars exiting the site
onto the frontage road and creating traffic
congestion at the intersection of the frontage road 1
and 66th Avenue North immediately east of Highway
252. This is deemed to pose an unacceptable risk
of congestion affecting Highway 252. An
appropriate access design for this site would have
only one access onto the frontage road no closer to
66th Avenue North than the existing access to
Atkins Mechanical.
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RESOLUTION NO. 91-5
2. The establishment, maintenance and operation of a
gas station/convenience store/car wash will not
promote and enhance the general public welfare
since there is already a gas station/convenience
store at the same intersection across Highway 252.
3 . The presence of another 24 hour gas
station/convenience store in the neighborhood may
attract more crime in the area similar to what has
been experienced recently at Superamerica across
Highway 252.
4 . The lighting of the canopy and the noise and fumes
from the service station will be injurious to the ;
use and enjoyment of other property in the
immediate vicinity for the purposes already
permitted. It is also believed that property 1
values in this area may suffer if the service
station is built as proposed.
5. The establishment of the proposed gas
station/convenience store/car wash will be a
disincentive for property owners in the area to
maintain and upgrade their properties because of
its negative impact.
Based on the foregoing, it is determined that the standards for a
special use permit continued in Section 35-220.2 of the Zoning
Ordinance are not met.
Date Chdirperson
ATTE / 4 Li
Secretary
The motion for the foregoing resolution was duly seconded by member
Lowell Ainas , and upon vote being taken
thereon, the following voted in favor thereof: Chairperson
Malecki, Commissioners Sander, Bernards, Ainas, Mann, and Holmes
and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted.
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