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I I I Council Meeting Minutes January 7, 1999 Page 5 Council Business. continued AAA's landscape plans include installation of a 5th ft. evergreen screen and double row of deciduous trees around the site perimeter, and a sidewalk along Old Hwy 8. Teague said City Code requires a 40 ft. front yard setback for paved surfaces, however, the existing setback is 10 ft. If Council allowed the fueling facility, this setback needs to be addressed. Furthermore, a 20 ft. setback requires a special use permit, and AAA wishes to reduce that amount to 15 ft. to provide increased truck maneuverability. These actions require a variance which staff would not support. AAA is agreeable to the removal of the fueling facility and canopy upon site vacation, and staff would support a nonconforming use permit subject to those conditions. AAA indicates truck traffic would be exclusively routed to Hwy 96, and perimeter curbing around the parking lot would be installed. City Attorney Charlie LeFevere stated that the second ordinance should include the following statement: "the above rezoning shall not affect developments for which a site plan has been approved by the New Brighton City Council between January 1, 1985 and the effective date of this Ordinance, provided improvements for approved site plans are completed by January 1, 2005". Motion by Gunderman, seconded by Hoffman, to WAIVE THE FIRST AND SECOND READINGS ADOPTING AN ORDINANCE REVISING THE NEW BRIGHTON ZONING ORDINANCE BY REZONING CERTAIN PROPERTY WITHIN THE CITY OF NEW BRIGHTON FROM B-3, GENERAL BUSINESS, I- I, LIGHT INDUSTRIAL, 1-2 REA VY INDUSTRIAL, AND 1-3 LIMITED INDUSTRIAL TO MX, MIXED USE. 5 Ayes - 0 Nayes, Motion Carried. Samuelson asked what negative impacts would the installation of the fueling facility create. Teague said one downside is the facility's visibility from Old Hwy 8 which is the reason for the extensive screening. An additional concern is the removal of the tanks once AAA has outlived that site. Benke confirmed staff recommendation is to approve the rezoning with an effective date of March 1, 1999, with conditions noted and the understanding the site plan would be reviewed by the Planning Commission. In the event, the Planning Commission does not recommend approval, the original rezoning designation would go into effect. Hoffman asked staff opinion of the setback variance request. Teague feels that although the variance would provide the applicant a more useful site, he would not support the variance due to the creation of another Type IV Nonconformity on the site. Fulton reiterated that the March 1, 1999, date allows AAA opportunity to deal with the fueling facility, but the subsequent issue is the variance request. LeFevere added that no site plans can be submitted until the moratorium January 31, 1999, expiration date. Larson believes requiring the applicant to remove the tanks before vacating the site and retaining of the 20 ft. setback are very important issues affecting this site. Council Business MX Rezoning Report 99-011 Ordinance 649 Ordinance 651