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I I I Council Proceedings - December 22, 1998 Page 5 Council Business. continued Another affected property is the DeCoster site (1823 Old Hwy 8). This property is vacant and DeCoster wishes to develop this site for gasoline sales, however, these are prohibited in the MX District. The Planning Commission feels the Vision specifically prohibits gas sales in the MX District, but Council would need to determine if this site should be removed from the identified rezoning area. Additionally, U. S. Filter owns another vacant parcel across from the DeCoster site which they wish to use to expand their facility. The Planning Commission continued action on this parcel to their January meeting. Council would need to consider any of the following: Rezone all originally proposed sites from B-3, 1-1, 1-2, and 1-3, to MX for approval at the January 7, 1999, Council Meeting. Rezone properties from B-3, 1-1, 1-2, and 1-3, to MX with the exception of the following properties: US Filter (1950 Old Hwy 8) to be removed from consideration pending review by the Planning Commission; and Bebet Realty (50 14th St. NW) to be rezoned March 1, 1999. Continue action to the January 7, 1999, Council Meeting. Larson believes gas sales in this area could be beneficial, but prefers a provision to rezone the DeCoster site to MX and allow gas sales within the MX District. Gunderman and Hoffman agree with Larson's comments, and suggested staff meet with the current tenants to develop a workable solution. Benke agreed there is a need for convenience services. He questioned if such a use is compatible with the Vision and whether several zoning designations within the MX District should be developed. Mark Lambert, DeCoster attorney, stated that DeCoster is fully supportive of the rezoning process, and has secured a tenant to construct the convenience center. Regarding the AAA site, Teague explained that if the site was rezoned, the existing use becomes a Nonconforming Type II. Under a Type II Nonconforming, expansion is not allowed which would affect the canopy or gas fueling expansion. The Planning Commission felt the fuel facility was an accessory use which would not intensify current usage. One option would be to remove the parcel from the rezoning process until March 1, 1999. This would allow for site plan review to examine setbacks, parking, screening, landscaping, and construction of a pedestrian walkway to Long Lake Regional Park. Tom Johnson, AAA attorney, explained that AAA decided to delay the closing until resolution of the rezoning issues. The proposed canopy is the result of EPA requirements affecting fueling operations. Mr. Kirschner, AAA, feels the proposed landscaping and pedestrian access would comply with the Vision and provide aesthetic amenities. The fence relocation allows for enhanced truck mobility within the site. He added that AAA takes a great deal of pride in maintaining their facilities and equipment. Council Business Rezoning of properties MX District Report 98-243 Ordinance 649