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Item 6b AP-89-24, Appeal of Michael Gordon of a Decision of the Plannina Commission which Denied Approval of Case PUD-89-07, the Application for Planned Development Rezoning and Development Plan Approval for a Five-Lot Residential PUD, Including the Development of Four New Single-Family Residences, for an Approximately Two Acre Site Located at 445 Kottinger Drive The appeal was withdrawn by the applicant. Item 6c AP-90-1, Appeal of the Decision of the Planning Commission Regarding Case UP-89-57, the Application of Speedee Oil Change and Tune-Up/Hammer/Nelson, for a Conditional Use Permit to Operate an Automobile Oil Change and Preventive Maintenance Service Facility to be Located on an Approximately 0.56 Acre Site Located at 44 Mission Drive, and Case RZ-89-15, Determininq that Speedee Oil Change and Tune-Up/Hammer/Nelson Falls Under the Definition of a Service Station Consistent with the City Zoning Ordinance Mr. Swift presented his report (SR 90:36) regarding the matter. Mr. Brandes asked the staff if his understanding that this type of usage did not require a zoning change was correct. Mr. Swift replied that this was not correct. He clarified that staff originally felt that this was not a service station and could not be allowed on a C-F Zone. The applicant then requested to rezone the property to a C-S Zone, which would allow its use for automobile repair. The Planning Commission determined that the use was a service station under the definition in the Code and therefore the Commission did not take action on the rezoning request. Mr. Brandes inquired if this would then require a Conditional Use Permit (CUP) if there is no zoning change. Mr. Swift answered that that was correct. Mr. Mercer stated that he understood that the appeal was made based on a concern that the neighborhood should reserve a location for a service station and that this particular piece of property is the only site available in this part of town for a gas station. He asked why the zoning portion is on for appeal. Ms. Mohr explained that at the last Council meeting, three actions on Speedee Oil were presented on the Planning Commission/ Design Review Board report. She then appealed the matter for Council to have the opportunity to respond to the use. The staff may have brought all the actions back to give Council the latitude to address the entire situation. She expressed the concern that when the Texaco station was closed down, the service that that particular zoning designation was supposed to give to that end of -8- 1-16-90