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April 22, 2008 Page 5 of 7 • 4. City of New Brighton requests consideration of an amendment to Chapter I I (ZA2008- 002) ofthe Zoning Code concerning drive-thm facilities. Report No. 08-131. Ordinance No. 759. City Planner, Janice Gundlach explained staff has seen an increase in' after the fact' drive through requests; the most recent was made for the building at 2051 Silver Lake Road. The primary reason for the amendment is to allow council and staff to impose conditions for a drive through facility. A Public Hearing was held April 15, no public testimony was heard. The Planning Commission recommended approval with one change related to stacking spaces. Staffs recommendation is for the council to discuss the proposed amendment, make any changes, and ultimately adopt the amendment. There was a lengthy discussion among the Council and Staffrelated to traffic, stacking spaces, entrances and exits, hours of operation, and noise associated with a drive through at this location Acting Mayor Bauman reported that she is not in agreement with an applicant requesting a zoning code amendment, in addition to being opposed to the stacking lane requirements. Ms. Gundlach reported that the standards in the current zone only relate to stacking lane minimums; with an amendment the Council would have a wider set of parameters to address. The City Attorney, Charlie LeFevere also said that the amendment allows more discretion and control from the Council and Staff over the conditional use permit. Additionally the public process was defined, typically an applicant approaches the City with request to amend the zoning code, and Council will ultimately decide. Councilmember Doffing expressed her • concern with the proximity of the building related to the residential area. Motion by Councilmember Doffing, seconded by Councilmember Phillips to table the item and seek staffrecommendation and neighborhood input to evaluate hours ofoperation until the next meeting 3 Ayes -1 Nay, Motion Carried Ayes: Acting Mayor Bauman, Councilmembers Doffing and Phillips Nays-Councilmernber Burg 5. JeffWrede of Momentum Design Group Inc. requests Special Use Permits (SP2008- 006 & SP2008-007) and a Site Plan (L.P2008-002) to allow construction of drive-thm at the south end of the existing building, together will fagade improvements, located at 2051 Silver Lake Road. Report No. 08-132. Resolution No. 08-045. Acting Mayor Bauman invited Mr. Trye to speak to the issue. Jim Trye 2443 Mounds Ave; reported his opposition to the drive thm at this location. The primary concern is the noise ofthe speakers, because currently sounds from a father location are audible. Additionally he is concerned with increased traffic with the proposed tenants. Acting Mayor Bauman stated it is her feeling that the building owner is premature in bringing this • forward, and he will likely have a difficult time securing tenants at that location. Motion by Councilmember Phillips, seconded by Councilmember Burg to table the item 4. QtyofNcwBrigbtcn req=0 consideration of an amendment to Chaff tar I l (ZA2008-002) ofthe Zoning Cede �wrning ddve4fini facilities Repan No.08-131. Onlinarax No. 759. 5. JetiWredeofMonenAmr Daiga C,ratp Inc Wtuez Special UsePen M(SP2008- 006 & SP2008-007) and a Sitc Plan (LP20WO02) to allow exoIn,ction of a d i"ni at thesouthandofthemsting building tagdhorwll figs& 'niptownimts, located at 2051 Sl erLakeRcad. RcpatNo.08-132. R mlution No. 0&,045-