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April 22, 2008 Page 5 of 7 4. City ofNew Brighton requests consideration of an amendment to Chapter 11 (ZA2008- 002)ofthe Zoning Code ,xntc muhgdlive-thruficilittes. Report No. 08-131. Ordinance No. 759. City Planner, Janice G ndlach explained staff'has seen an increase in "after the fad" drive through requests; the most recant 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 reoommerxlation is for the council to discuss the proposed amendmeM make any changes, and ultimately adopt the amendment. There was alengthy discussion among the Council and Staff related to traffic, stacking spaces, entrances and exits, hours ofope ation, and noise associated with a drive through at this location Acting Mayor Bauman reported that she is not m agreement with an applicant requesting a zoning code amendment, m 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 ofparamders to address. The City Attorney, Charlie LeFevere also said that the amendment allows more discretion and control from the Council and Staffover the conditional use permit. Additionally the public process was defined, typically an applicant approaches the City with aregr>estto amend the zoning code, and Council will ultimately decide. Councilmember Doffing expressed her ' concern. with the proximity ofthebuilding related toleresidential area Motion by Counciknernber Doffing, seconded by Councihnember Phillips to table the item and seek staffrecommendation and neighborhood input to evaluate hours of operation until the next meeting. 3 Ayes -1 Nay, Motion Carried Ayes: Acting Mayor Barman, Coutacihne tubers Doffing and Phillips Nays-Councilmanber Burg 5. Jeff Wrede ofMomarhrn Design Group Inc. requests Special Use Penruts (SP2008- 006 & SP2008-007) and a Site Plan (LP2008-002) to allow construction of drive4nu at the south end of the existing building together will f fade improvements, located at 2051 Silver Like 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 thru at this location The primary concern is the noise of the speakers, because currently sounds from a further 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 pne<natre in bringing this forward, and he will likely have a difficult time securing tenants at that location Motion by CowrcilmemberPhillips, seconded byCouncilmanber Burg to table the item 4. Citydl*wBrightac nxqxsisoonstderabmofan ameneine:v. DQIHpteru (zA2008-002) oftte zoning Codeoonoeulvmg&w11au IcMea RMWNa08-131. Ocd'maeceNa759. 5. JefFWrokofMotnentum DaWCkoupI= Special UsePamits (SP2008- 006 & SP2009WD and a Site Pim (LP20W.002) to am cautru tionofad wo4nu at ticsaah end ofthe existing hnIcIt cg iogaheawill facade mynuwiicrifs, located at 2051 silver LakeRaad RepatNa08-132. Rescl im Na 08-045.