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MINUTES <br />CITY COUNCIL <br />FEBRUARY 28, 1995 <br />conditional use within the B-3 District. To allow a <br />use such as ABRA would require a text amendment to the <br />Zoning Ordinance. It was noted that this amendment was <br />not passed by the City Council. Scalze stated she <br />wouldn't want to reconsider this possibility nor would <br />she support a filling station at this site. <br />Mr. Schroeder felt that the continued moratorium <br />totally stops any sale activity for his property. He <br />stated that if ABRA wanted to pursue its project, that <br />would be handled through the normal development review <br />process. <br />The City Attorney stated that four votes are required <br />to rezone a parcel or to do a text amendment to the <br />Zoning Ordinance. He also stated that the City has <br />greater discretion in review standards for rezoning and <br />text amendments than it does for conditional use <br />permits. <br />Fahey suggested we extend the B-3 moratorium to only <br />include filling stations within that zoning district <br />and that other uses could be pursued on a normal basis <br />for the 18-month period less the 41 days. His basis <br />for this moratorium would be the potential for <br />exclusion of this type of use within the B-3 Zoning <br />District. He noted we could rezone current filling <br />station sites to PUD and eliminate them from the B-3 <br />District. They would then be allowed to continue at <br />their current locations. A concern expressed related <br />to the proliferation of these types of uses given the <br />number presently existing within the City. <br />The City Attorney stated it is easier to defend general <br />moratorium provisions versus specific provisions as <br />they relate to the type of uses which would be subject <br />to a moratorium. <br />Morelan suggested having Mr. Schroeder apply for a <br />rezoning to PUD so that the moratorium wouldn't apply <br />to his property. The Council could then act on that <br />request with the understanding that approval wouldn't <br />be guaranteed. <br />The City Attorney pointed out case law involving <br />convenience stores/filling stations and possible taking <br />issues that could be involved relative to the zoning of <br />these parcels. <br />4 <br />