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33 district of which Mr. Miller’s property lies. Additionally, below the table are the specific 34 conditional use standards and criteria of §1009.02.D that would apply if the use were revised from 35 NP to C: 36 MU-1 MU- MU- MU- MU-4 Standards 2A 2B 3 Motor fuel sales (gas station) C NP C P P Y Motor vehicle repair, auto body shop NP NP C C P Y 37 38 24. Motor Fuel Sales, Motor Vehicle Repair, Body Shop: 39 a. Pump Islands and Canopies: The centerline of pump islands (or the outer edge of a pump island 40 canopy, if present) shall be a minimum of 25 feet from a property line. 41 b. Driveways: Driveways shall be located a minimum of 50 feet from the street right-of-way lines of 42 the nearest intersection. 43 c. Outdoor Display Sales Area: All outdoor display sales areas shall be limited to 250 square feet, 44 shall not be located in pump area, and shall require an Outdoor Display Sales Permit and site plan 45 to be approved by the Community Development Department. 46 47 Review of Request 48 In 1959, under the initial zoning for the Village of Roseville, the property was given the zoning 49 classification of General Business District (B3), where automobile repair and repair garages were 50 permitted uses. It is not clear how motor fuel sales were allowed, as fuel and ice sales were only 51 found in the Retail Business (B2) district as a special use permit in the same Code. However, by 52 1995 the zoning code identified both automobile repair and fuel and ice sales as conditional uses in 53 the B3 district, which at that point continued to be the zoning designation of this property. Up until 54 this point in time, the site would have been deemed a legal pre-existing non-conforming use and 55 under City Code and State Statute allowed to “continue, including through repair, replacement, 56 restoration, maintenance, or improvement, but not including expansion.” 57 58 In 2010, as a component of a major update to the zoning code to ensure consistency with the 2030 59 Comprehensive Plan, the subject property was rezoned to Neighborhood Business (NB) district 60 where “motor vehicle repair, auto body shop” (as it is called today) was made a prohibited use in the 61 NB district, while “motor fuel sales (gas station)” was made a conditional use. Then, in November 62 2021, the City completed another zoning code update for consistency with the 2040 Comprehensive 63 plan whereby the NB district changed to Neighborhood Mixed-Use (MU-1). At this time, no 64 changes were made to the use table, which continues to identify “motor vehicle repair, auto body 65 ” as NP, not permitted and “motor fuel sales (gas station)” as C, conditional use. 66 67 Given Mr. Miller wants to expand his motor vehicle repair business by adding service bays, yet the 68 zoning code does not permit motor vehicle repair, the applicant has two options available for the 69 City to consider. The first is to seek a guide plan change and rezoning from MU-1 to Corridor 70 Mixed-use (MU-3), which is the closest (compared to MU-1) zoning district that supports motor 71 vehicle repair. The second is to seek an amendment to Table 1005-1 in support of “motor vehicle 72 repair, auto body shop” as a conditional use. In recognition of these options, and the fact the City 73 just completed the 2040 Comprehensive Plan and Zoning Code updates, Planning Division staff 74 advised the applicant that re-guiding and rezoning the property was not an advisable path 75 forward. As such, the applicant submitted an application to seek a text amendment in support of 76 “motor vehicle repair, auto body shop” as a conditional use, which, if approved, would allow Page 2 of 3 Qbhf!28!pg!367