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from SC, Shopping Center District and B-1, Limited Business District to B-3, General Business District, based on the findings in Section 5, specifically 5.18 to 5.24 of the project report dated August 4, 2004. Ayes: 6 Nays: 0 Motion carried. Motion: Member Traynor moved, second by Member Bakeman, to recommend approval of the vacation of certain Public Easements, based on the findings of Section 5, specifically 5.25 to 5.29 of the project report dated August 4, 2004. Ayes: 6 Nays: 0 Motion carried. b. Planning File 3588: Request by Speedway SuperAmerica for a Conditional Use Permit to allow outdoor display of merchandise at 2380 County Road D. Chair Mulder opened the hearing and requested City Planner Thomas Paschke to present the verbal summary of the staff report dated August 4, 2004. Mr. Paschke advised that Speedway SuperAmerica, operator of a fuel and convenience store located at 2380 County Road D requests approval of a conditional use permit to establish an exterior storage and display area at the retail location. A conditional use permit is required because the facility is located within a B-2 general business zoning district where outdoor display and storage is permitted (Section 1005.0015 and 1005.09) only through issuance of a conditional use permit. He explained the staff concerns for safety, visibility, neatness, and circulation. Based on the findings outlined in Section 6.4 of the August 4, 2004 project report, staff recommended approval of the request for a conditional use permit to allow exterior storage and display at the SuperAmerica Fuel and Convenience Store located at 2380 County Road D, subject to the following conditions: A. The seasonal merchandise display area shall be limited to 91 (?) square feet (2% of structure footprint) and shall be no greater than 3 feet in width from the front (north) building wall, no higher than 4 feet, and shall not block windows or the pedestrian entry, loading areas, or drive lanes. B. No seasonal merchandise display shall be permitted under the fuel canopy or be placed between the fuel pump islands. C. All seasonal merchandise display areas shall be clearly marked on the pavement surfaces by use of paint or tinted pavement, within which all display of materials shall occur. D. Seasonal merchandise display shall be limited to soda pop/beverage, auto/engine fluids, windshield washer fluid, charcoal, salt, wood and/or mulch. Ice machine and propane exchange units are permitted within the allowable 91 square feet. E. Building and Fire inspections for the proposed use shall be done prior to issuance of any permits. The building and display\storage areas shall meet building and fire code requirements, prior to installation. No signage shall be added to the site because of the addition of storage and display materials. F. The property owner (SuperAmerica) shall submit a copy of a site plan indicating the 91 square feet of seasonal merchandise display areas to be included as an attachment to the approved Conditional Use Permit Resolution filed at City Hall and provided to the property owner for their records. The approved Resolution is then recorded by the City with Ramsey County. G. The conditional use permit shall expire within six months of the date of City Council approval if the required site plan identifying seasonal merchandise display has not been submitted to the City Planner. Chair Mulder asked for enforcement process and new compliance process. Member Bakeman asked where the "2%" requirement originated from (previous city decisions at similar stores). She asked if gas/convenience and hardware displays were similar. (no) Speedway owns four stores, but they are managed separately. The applicant had no further comment. Thomas Paschke explained that one neighbor in the County Road D facility who was opposed to any outdoor storage. Steve Morris, SuperAmerica, noted that regulations would vary from community to community.