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PLANNING REPORT DATE: April 16, 2009 CASE: ZA2009-002 SUBJECT: Zoning Code Amendment Impacting Section 6-390 APPLICANT: City of New Brighton REQUEST&BACKGROUND The City is requesting consideration of a Zoning Code amendment impacting Section 6-390 regarding loading dock facilities that face public rights-of-way. The current ordinance limits the number of dock doors facing public rights-of-way to one. The proposed amendment would allow up to three loading dock doors to face public rights-of-way when efforts are made to screen those facilities. The Planning Commission may recall that a Site Plan application made by The 614 Company for the Mission Foods plant at 1565 1st Avenue NW precipitated this amendment. This was because the approved Site Plan depicted three dock doors facing Old Highway 8 NW. The Commission and Council, throughout the Site Plan review process, determined these three doors should be allowed as they would be adequately screened behind a fence and gate system. That Site Plan was approved contingent on the City approving an amendment to Zoning Code Section 6-390 prior to release of a building permit for the Mission Foods expansion. As of the date of this report, a building permit has not yet been submitted for the proposed expansion. ATTACHMENTS A—Proposed Ordinance AMENDMENT ANALYSIS The proposed amendment was drafted to have minimal impact while allowing the Mission Foods expansion plans that have already been approved. Thus, the existing language remains unchanged and new language was added that allows more than one dock, but no more than three, when the facilities are screened from the public right-of-way by topography, landscaping and/or an opaque fencing system. The entire section is located below, with the new language underlined: "All loading docks and vehicular doors established after October 24, 1968, shall be, when facing a public right-of-way, fifty feet or more from the public right-of-way but at no time shall trucks or trailers cross the property line when parked. No more than one loading dock accommodating one truck at a time shall face a public street. More than one loading dock., but no more than three, may face a public right-of-way when the loading facilities are screened from that public right-of-way by topography, landscaping and/or an opaque fencing system with automated gate control_" As drafted, no more than three dock doors would be allowed to face a public right-of-way. Staff drafted the proposed amendment in this manner so as to limit the number of situations where an undesirable outcome results from the new language. As drafted, one dock door would remain allowed to face a public right-of-way unscreened. Lastly, the screening requirement is somewhat vague in that the applicant can choose what is best for the site. This portion of the language being vague also allows the Commission leeway to request further screening if it is thought that