Laserfiche WebLink
� ^ <br />The Property is Not Effectively "Self-Regulating". A number of the members of the Planning <br />Commission employed a laissez-faire logic, dismissing this property as "self-regulating" in <br />nature—i.e., that the size of the property would prevent any truly intensive uses of the property, <br />such as would be desired by a franchise food establishment. Those members misperceived the <br />conditions on the ground. Immediately to the north, at the intersection of Roselawn and <br />Lexington, sits a former convenience store, now used as the office of a real estate agent. Without <br />delving into the personal details of the current occupant, there is reason to believe that this <br />property may come available in the next couple of years, if not sooner. These two buildings, <br />together, would command a strong position on a good thoroughfare. As with the development of <br />the professional building across the street, the City should see fit to develop this portion of the <br />intersection in a sensible manner. Rezoning 1901 Lexington Avenue to B-1B fails to do that: it <br />opens these properties up, with no further rezoning required, to a variety of food establishments, <br />including those with take-out windows (e.g., Chili's To-Go) that could fit the profile of this <br />property, with adequate parking. This would substantially change the nature of the intersection, <br />working at odds with the Comprehensive Plan for the city's development. <br />Inadequate Consideration to Relevant Factors <br />I must express disappointment that the proposed action has moved forward with a level of <br />reasoning and evidence that fails to meet even the minimal standards necessary for a quasi- <br />legislative decision such as a Rezoning or a quasi judicial action such as a Conditional Use <br />Permit. The decisions of this state's courts emphasize that governmental bodies must supply a <br />record containing a"clearly articulated rationale" (Earthburners, Inc. v. County of Carlton, 513 <br />N.W. 2d 460, 463 [Minn. 1994]) and must "have the reasons for its decision recorded or reduced <br />to writing in more than just a conclusory fashion. By failing to do so, it runs the risk of not <br />having its decision sustained." (Hoon v. City of Coon Rapids, 313 N.W. 2d 409 [Minn. 1981]). <br />Simply put, the record given on behalf of this proposed action is inadequate. No study of traffic <br />has been performed. <br />➢ The only thought given to traffic on the record—all that has been given to me by the City <br />planning staff in reply to my request for all documentation—consists of two graphs from <br />the January 1991 issue of T� Generation, a publication of the Institute of Transportation <br />Engineers. This regression was used to project the possible traffic flow to the area <br />resulting from fast food restaurant and puts only one fact into the record: the likely <br />generation of 750 car trips per weekday per 1000 sq.ft. of floor space in a typical fast <br />food restaurant. This non-specific regression data from the early 1990s, which at the <br />Planning Commission meeting the City's staff admitted was too outdated to consider the <br />traffic impact of B-1B uses such as coffee shops, fails to take account of significant <br />changes in the class of Restaurant businesses that may seek to locate at this property, <br />such as the emergence of Starbucks-like intense uses. The only traffic analysis given to <br />this fact at the P�anning Commission meeting was that a fast food restaurant's expected <br />traffic of 750 cars per weekday would be a"small addition" to the existing traffic along <br />Lexington Avenue. <br />