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owner. 26. Violation of the terms and conditions of the Conditional Use Permit shall be considered a violation of the City Code and may include fines and/or revocation of the permit. 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 PUD plan approval 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 staff s 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 8-1 zoned lot. The goals and policies cited show consistency with the City's Comprehensive Land Use Guide Plan. Careful planning and anention 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. .3. Concerning the conditional use permit and General Concept PUD Plan approval, the applicant has demonstrated compliance with the City's design standards and special standards related to motor fuel stations with their proposed development plans. (The conditions of the Conditional Use Permit will be added to the PUD.) A reviewofthe 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 Compreherfsive Land Use Guide Plan. 4. Given the intensity of this use, there will be some impact such as increased traffic turning movements, hours of operation, site lighting and noise levels that must be weighed wry carefully. As previously discussed there will be on site traffic circulation problems, \\l1ile 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 staffs interpretation that on balance, the development plan proposed by Mr. Kath meets the criteria for the issuance of a conditional use pem1it. 10