2015.08.18 PC Packet Combined - Laserfiche WebLink

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1) Zoning Code Amendment: A Zoning Code Amendment is the legislative means to add the helipad use into the Zoning Code. The applicant, staff, and the City Attorney have collaborated on the language of the Zoning Code Amendment, which consists of a Special Use Permit in the NBE, New Brighton Exchange zoning district. Of all land use requests, the Planning Commission and City Council have maximum discretion in evaluating whether or not to approve amendments to the City of New Brighton's Zoning Code. 2) Special Use Permit: A Special Use Permit has been requested because the proposed Zoning Code Amendment makes the helipad use a specially permitted use. This report will examine compliance with the various conditions associated with the Special Use Permit. If all conditions can be met, the special use permit must be granted. It's important to note the Special Use Permit is only necessary should the Planning Commission recommend approval of the Zoning Code Amendment. Planning Director Gundlach indicated the applicant has landed a helicopter on the south side of the headquarters building several times over the last year. These landings have not been in compliance with City of New Brighton Zoning Code standards, nor would they fall under any FAA or MnDOT emergency exceptions. The applicant first began meeting with staff approximately one year ago to discuss construction of a more formal helipad. Staff advised the applicant at that time to conduct sound analysis, meet with the most affected neighbors, and to schedule a demonstration for Commissioners and Council members. These tasks have been completed and the applicant discusses these results in the written narrative provided. Planning Director Gundlach explained the site located at 1150 Old Highway 8 NW proposed for the helipad was included in the original Planned Unit Development (PUD) approval for the headquarters building at 1100 Old Highway 8 NW. This approval dates back to 2007 and included construction of a 9,000 SF building on 1150 Old Highway 8 NW. The applicant installed the foundation for the 9,000 SF building, and then decided not to finish the building because the recession hit. The applicant "moth -balled" (buried in wood chips) the foundation. Because this property is located in New Brighton Exchange, the applicant had a contractual obligation with the City to build that 9,000 SF building. Under the terms of the Redevelopment Contract on the training center, that obligation has since been extinguished. If the helipad proposal for 1150 Old Highway 8 NW is approved, then the Resolution will clarify elimination of the 9,000 SF building via the 2007 PUD. Planning Director Gundlach recommended adoption of draft Ordinance 835. Staff also recommends approval of the Special Use Permit, as requested and subject to the following conditions: • City Council adoption of proposed Ordinance 835. • The helipad continuously complies with the provisions of Zoning Code Section 6-693(C). Any deviation from these conditions will constitute non-compliance with the Special Use Permit. • In an effort to confirm compliance with Section 6-693(C), item 5, the applicant shall furnish flight logs to City staff on a yearly basis, on or within 30 days of January 30th. • Allowed landings shall be for personal use of the property owner only and shall not be used by a third party, except in emergency situations. • Applicant submits to the City copies of secured FAA and MnDOT permits for the helipad. • The flight paths shall consist only as provided in Exhibit I of this report. • Helicopter noise associated with the helipad shall not exceed the following decibel levels measured at ground level: a. A maximum of 93 dB within a 250' radius of the helipad and a 12 hour average decibel level of no more than 86 dB. OA