Agenda - Planning Commission - 10/04/2007

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would be replaced with the proposed uses, resulting in the elimination of softball, volleyball, and all other previously permitted uses. Currently, City Code does not allow the use of recreational vehicles (including all-terrain vehicles, snowmobiles, off-highway motorcycles, and mini-bikes) on any property in the City south of the 16700 block. The subject property lies within the Designated Non-Use Area described by Section 6.04.04 of City Code. The applicant is requesting the conditional use permit amendment to allow these uses on the subject property and to avoid the need for a special events permit from City Council each time an activity is conducted on the property. The properties immediately adjacent to the subject property are zoned Public-Quasi Public and B-2 Business. The property is situated between Highway #10 to the north and the Mississippi West Regional Park (undeveloped at this time) to the south. The property is approximately 1,000 feet from the Mississippi River and 1,100 feet from the nearest residential property. Mr. Gruber has written a letter outlilling the specific request. He is requesting a permit to conduct up to 18 events per year, on Saturdays no later than 10:30 in the evening. He is requesting 2 music festivals per year. He is not planning any additionallightillg or parking, but plans to construct bleachers on the property that would seat up to 750 spectators. He is planning to construct new fencing, and a fence that separates the spectator area from the event area. The applicant specified that no permanent structures or paving would be added. Private security would be hired for every event. No study of noise impacts or grading and drainage requirements has been submitted with the application. . Recommendation: The request to. amend the conditional use permit to allow motocross, snowmobile racing, demolition derby, and rodeos is a drastic intensification of the use of this property. Motocross and snowmobiling racing have been determined in court cases to be a significant public nuisance to the surrounding area due to increased noise, depending on the duration, number of vehicles involved, and the distance to residential areas. No analysis has been conducted by the applicant to quantify or mitigate those noise impacts on the neighborhood. Demolition derby and rodeos also have the potential to create excessive noise levels. Furthermore, staff feels it is inappropriate to' utilize a conditional use permit to eliminate the need for special events permits for these types of activities. There are many factors that vary with each event and need to be coordinated closely with the City, namely the police department. The City must be aware of the number of vehicles involved in an event and the number people attending, which is essential for crowd control, emergency exit planning, alcohol regulation purposes, security and safety provisions, sanitation measures, insurance, and indemnification. Also, the frequency, duration, date, and time-of-day of the event will affect the City's requirements. Site considerations such as grading, drainage, storage of vehicles and parking, access, and safety measures will also require measures specific to each event. The appropriateness of each activity should be analyzed on a case-by-case basis. Therefore, staff is recommending denial of the request to permit these activities on the property through the issuance of a conditional use permit and recommends that any proposed use not 2