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Staff Recommendations: 1. In order of magnitude, the Kath application must be looked at first as a request to amend the Comprehensive Land Use Guide Plan, secondly as a rezoning and finally as a request for a conditional use permit and preliminary and final plat. In reviewing the goals and policies contained in the City's Comprehensive Land Use Guide Plan, it is staffs interpretation that the goals and policies listed above support an amendment to the Comprehensive Land Use Guide Plan, especially when taken in concert with the proposed 75 foot permanent buffer/green space contained in the development proposal. The goals and policies cited show consistency with the City's Comprehensive Land Use Guide Plan. Careful planning and attention to details can develop a project with a human scale and a sensitivity to the surrounding neighborhoods. 2. Minnesota State Statutes make it clear that City zoning ordinances and maps must be consistent with their Comprehensive Land Use Plans. Therefore, if the amendment to the Comprehensive Plan is approved, the rezoning would also be appropriate. The property currently has three commercial zoning classifications; B-1 Limited Business, B-2 Retail Business and B-3 General Business. The applicants are proposing to rezone the entire parcel B-2 Retail Business. An ordinance amending the City Zoning Map in this area is included for Council consideration. 3. Concerning the conditional use permit application, the applicant has demonstrated compliance with the City's design standards and special standards related to motor fuel stations with their proposed development plans. A review of the 6 criteria considered with the issuance of a conditional use permit points out that these criteria are not black and white, but instead tend to be rather gray. The goals and policies cited show consistency with the City's Comprehensive Land Use Guide Plan. Careful planning and attention to details can develop a project with a human scale and a sensitivity to the surrounding neighborhoods. 4. Given the intensity of this use, there will be some impact such as increased traffic turning movements, the hours of operation, site lighting and noise levels that must be weighed very carefully. While there is capacity in the street system, traffic and turning movements will be the most notable change with this project. It would seem that current market values for surrounding properties could only be helped by the removal and replacement of the dilapidated buildings and vacant lots. In the longer term, however, it is more difficult to provide such certainty. The new, revitalized Kath investment may increase the commercial value of the other three comers for auto dependent uses. While these criteria are somewhat subjective, it is staff s interpretation that on balance, the development plan proposed by Mr. Kath meets the criteria for the issuance of a conditional use permit. In summary the staff finds that this redevelopment/replacement project can meet the current intent of the Comprehensive Plan and the City codes. However, the issue oflong term (20 year) property value and traffic are less clear. As traffic movements and congestion increase at this comer, the City must make great efforts to see that the three remaining comers do not change or increase in intensity of use and traffic generation. The staff recommends approval of the proposal guardedly. In the staff opinion, the Kath proposal itself meets the criteria of the Plan and Code, yet it is impossible to address the longer term issues, especially on the other three comers. 9