Agenda - Planning Commission - 05/01/2008

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Motion carried. Case #5: Request for an Interim Use Permit to allow Multiple Outdoor Special Events at 7550 Highway 10 NW (Diamonds Sports Bar and Grill); Case of Monster Auctions and Events, Inc. Assistant Community Development Director Frolik pointed out that there was an addition to the packet before the meeting of a letter from resident Karen Brown. She stated that staff met with the City Attorney and City Administrator earlier in the day and amended the IUP language. She noted that there was a similar application for this property in late 2007 that was denied because of noise concerns and the intensity of the proposed events. She reviewed the proposed outdoor events: 'a. Small scale events including Farmer's Markets, Flea Markets and Car Shows; b. Large Scale Implement Auctions and Swap Meets; c.Rodeos/bull riding; d. Threshing shows. She stated that the prpposed events would be held on one of the ball fields on the site and would require a calendar of events be submitted to the City as well as details for each events 2 weeks prior to the event. She stated that if tents are to be used for the events, they will require a permit and additional fire inspection. She stated that the applicant has requested this IUP be for a term of 5 years, but staff would like to make sure that there is annual review. She reviewed the proposed schedule of events and the ones in which they are requesting to use a public address (P A) system. She noted that the existing CUP for Diamonds does not include a provision to use a P A system. She stated that the Planning Commission had reviewed this at their March 6, 2008 meeting and recommended denial because of concerns about ambient noise on the large scale events, traffic and public safety concerns, and lack of detail in the application. She stated that they also wanted assurance that the City would review each event as is don.e for Special Use Permits. She stated that the Planning Commission also felt that the 5 year term was too long. Mayor Gamec asked if this application was approved and the property was sold, if the IUP would go with the property. Assistant Community Development Director Frolik stated that the IUP would not go with the property if it were sold. She stated that on the revised !UP, there is. an item 20 added regarding the noise nuisance level. She stated that this has been amended to reflect the common practice by the police department, which is, if you can hear the noise between 10:00 p.m. and 7:00 a.m. at the property line, it is probably a nuisance. She stated that for this application, they are suggesting a time change for noise nuisance levels to be 7:00 p.m. to 7:00 a.m. She stated that to take decibel readings, an officer would have to stand at the property line for one hour. Councilmember Elvig stated that he thought the decibel measurement numbers were to read in 7 minute increments. Assistant Community Development Director Frolik stated that there is a separate ordinance that talks about off road vehicles, which is what Councilmember Elvig is referring to. She stated that this noise nuisance language she is referring to is from Chapter 5. City Council / March 25, 2008 Page 7 of 17 P29