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February 13, 1978 Page 8 <br />MSF (Pickar- Ziebarth) to approve the request of Seven - Eleven for a conditional <br />use permit, with the following conditions, that gasoline only be sold between <br />the hours of 6 AM and 11 PM, because the inherent fire hazard is more difficult <br />to respond to between 11 PM and 6 AM with a volunteer fire department, that any <br />additional signing for gasoline sales be made part of the existing pedestal sign, <br />with no additional sign bases allowed, and parking setbacks on the south property <br />line to conform to the residential use, indicated in the Comprehensive Plan, of <br />the adjacent property, and that the owners provide any necessary traffic control <br />devices or personnel necessary to prevent waiting gasoline sales customers from <br />parking, standing or stopping on the public right -of -ways adjacent to the property, <br />and that a development agreement be entered into that the applicant agrees that <br />the property should become B -1 if the business should become defunct, and screen- <br />ing along the east side of the property and the south property line, with a 6 -8' <br />fence to meet code requirements, with additional lightin in the rear yard, and <br />concrete curbing and sod would be required, as specified in the zoning code, <br />Chapter 40.04, Subdivisions F and G. 5 nayes <br />Councilmember Ziebarth explained that he had seconded the motion just to get it <br />on the floor for discussion. <br />Councilmember Baumgartner stated that after listening to Attorney Meyers and referr- <br />ing back to the Comprehensive. Plan, with all the time and money spent, the area <br />was recommended to be B -1 and even though it is currently zoned B -3, which it has <br />been since 1959 before Silver Lake Road was even through. He also stated that <br />the Comprehensive Plan had been approved by the Planning Commission, City Council <br />and Metro Council and that he felt the corner was a very bad one for a gas station, <br />with residential property on three sides and a proposed park across the street, <br />and that it was out of character for the surrounding area. He added that the owners <br />have not demonstrated a need other than to make money, and that he felt the useage <br />would increase if more stations convert to self service. He also stated that only <br />13 parking spaces are shown on the drawing, which does not meet code requirements. <br />Councilmember Baumgartner stated that he could not approve a conditional use permit <br />until a traffic count was taken that would show not only present conditions but <br />also projections for 1980 and beyond. He also stated that he was concerned with <br />stacking problems. <br />Councilrenber Rowley stated that she agreed with Councilmember Baumgartner's comments <br />and added that she felt the petition of signatures of residents against the gas <br />pumps should be taken into consideration, as well as the traffic and safety problems. <br />Councilmember Ziebarth stated that he could not vote in favor of the permit until <br />further studies have been done on the traffic problems. <br />Councilmember Hodges stated that he was concerned with the traffic and safety problems, <br />and having a proposed park across the street. He also stated that the rezoning had <br />been done with a dairy store in mind, not a gas station. <br />Mayor Pickar stated that he would also like to see a traffic study before taking any <br />further action. <br />Councilmember Baumgartner suggested that a traffic study include projections of the <br />gas sales presently and in 1980 and 1985, and pointed out that with the 6M increase <br />expected in self service gas facilities, the traffic would increase noteably. <br />Councilmember Ziebarth added that he was concerned past 1980 as that was less than <br />two years away and recommended that any studies cover through 1990. <br />