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Motion by Chairperson Nixt, seconded by Commissioner Kociscak, to recommend that City <br />Council adopt Findings of Fact not in favor of the applicant, relating to a request from RF <br />Development LLC and Lyndale Terminal Company to rezone certain property from B-1 <br />Business to B-2 Business. <br /> <br />Further discussion: Commissioner Wivoda inquired if there should be wording in the findings of <br />fact regarding the possible state statue pertaining to underground gas tank setbacks. Chairperson <br />Nixt replied that since the Commission is unsure that it is a fact it should not be included. <br />Community Development Director Frolik noted that staff will address the issue prior to the <br />Council meeting. Chairperson Nixt stated that they could add the following as a finding "That <br />the question regarding a state statue that prohibits gasoline tanks within 300 feet from an existing <br />residence was raised by the Planning Commission." <br /> <br />Motion was amended to include the additional finding of fact as recommended by Chairperson <br />Nixt. <br /> <br />Further discussion: Commissioner Griffiths noted that someone could come in and construct, for <br />example, a Wendy's without having to go through the rezoning of the property. Chairperson <br />Nixt stated that the City could receive an application that would produce as much lighting and <br />noise as a gas station and they would be able to move forward with the project with the B-1 <br />zoning. Mr. Cofield replied that they understand that the site will be developed eventually, but <br />the residents do not want the gas station. Chairperson Nixt stated that the Commission is <br />denying the rezoning based on health and safety issues. Rick Foster, owner of the property, <br />stated that in 1991 all of the property was zoned commercial and a developer wanted to rezone <br />everything east of Xkimo to high density residential and then compromised to rezone the <br />property as single family residential. Xkimo was designed to handle large amounts of traffic and <br />he would like to know the what the Commissioners concerns are as far as a gas station. If there <br />is a 300 foot setback from the fuel tanks, why can houses be constructed next to a gas station, <br />siting an earlier case to approve townhomes next to a Bill's Superette. A gas station is not an <br />unreasonable request. Chairperson Nixt stated that the Commission feels that the rezoning is not <br />warranted at this time, but the applicant will have a chance to appeal to the City Council: <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Kociscak, Griffiths, Reeve and <br />Wivoda. Voting No: None. Absent: Commissioner Johnson. <br /> <br />Motion by Commissioner Wivoda, seconded by Chairperson Nixt, to recommend that City <br />Council deny the request from RF Development and Lyndale Terminal Company to rezone <br />certain property from B-1 Business to B-2 Business. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Wivoda, Griffiths, Kociscak, <br />and Reeve. Voting No: None. Absent: Commissioner Johnson <br /> <br />Chairperson Nixt stated that based on the denial, there is no reason to proceed with cases 5 and 6. <br /> <br />Planning Commission/December 5, 2000 <br /> Page 14 of 17 <br /> <br /> <br />