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<br /> <br />6 <br /> <br />spacing and not be less than six feet tall. If the power lines easement prohibits this condition from being met, <br />the applicant shall keep the vehicular doors closed at all times, except while entering and exiting a vehicle. <br />Mr. Bona anticipated he would be working with Bachman’s on the landscaping plan. He feared that the <br />condition as written was being too restrictive by requiring the trees to be placed every five feet. Planning <br />Director Gundlach reported the trees could be staggered or the Planning Commission could give staff the <br />authority to work with the applicant on the final landscaping plans for the boulevard. <br />Commissioner Miwa supported staff having the final say on the landscaping plan. <br /> <br />Motion by Commissioner Danger, seconded by Commissioner Deick to close the Public Hearing. <br /> <br />Approved 6-0. <br /> <br />Motion by Commissioner Deick, seconded by Commissioner Danger, to approve staff recommendation <br />amending Condition 8, removing the second sentence and adding Condition 12 to read as follows: <br /> <br />12. The applicant revises the landscaping plan to include a row of evergreens running north-south in <br />the front yard along Old Highway 8 NW with the intent to screen the overhead doors from the <br />road. The plant material shall be planted at a five foot spacing and not be less than six feet tall, or <br />an alternative landscaping plan that meets a similar intent and is approved by the Planning <br />Director. <br /> <br />Approved 6-0. <br /> <br /> <br />(B) The City of New Brighton requests a Zoning Code Amendment to Section 6-690 and 6-695 <br />concerning permitted and specially permitted uses in the NBE, New Brighton Exchange zoning <br />district. <br /> <br />Planning Director Janice Gundlach reported the City is initiating a Zoning Code Amendment regarding “public <br />parks and associated buildings” and whether these uses are inherently permitted or specially permitted within <br />the NBE, New Brighton Exchange zoning district. Currently, Section 6-695(1)(B) lists public parks and <br />associated buildings as specially permitted uses. The proposed amendment would consist of removal of the <br />special use permit requirement, and making public parks and associated buildings permitted uses. This <br />amendment became necessary as City staff began the process of implementing a new park in New Brighton <br />Exchange, now being termed North Park. Current zoning would require all parks in the NBE district to obtain a <br />Special Use Permit from the Planning Commission and City Council. This process involves a public hearing <br />and notification to the neighbors within 350’. A Special Use Permit is not required in any other zoning district <br />in New Brighton, where parks are a permitted use. The NBE zoning district is relatively new, first adopted in <br />2008. The district has been amended many times to accommodate certain development needs in the New <br />Brighton Exchange. During adoption of this ordinance in 2008, there was never specific intent discussed to <br />require a Special Use Permit for parks in New Brighton Exchange. There already exist two parks in New <br />Brighton Exchange: South Park and Central Park. Neither of these parks acquired a Special Use Permit. This is <br />likely South Park was in the process of being implemented during the time of the NBE zoning district creation <br />and adoption process was undertaken, thus no special use permit was necessary. However, South Park as <br />implemented sometime in 2011 or 2012 where a special use permit would have been required. Staff <br />recommends adoption of the Ordinance as written.