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d. The applicant's noise study provides for clear decibel level limits for helicopters using the helipad. e. No nighttime, weekend, or holiday use of the helipad is proposed. f. The applicant will comply with all Building and Fire Code standards. Now THEREFORE BE IT RESOLVED that based upon the above findings of fact the application for a Special Use Permit (SP2015-006) is hereby recommended to the City Council for approval, subject to the following conditions: 1. City Council adoption of proposed Ordinance 835. 2. 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. 3. 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 4. 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. 5. Applicant submits to the City copies of secured FAA and MnDOT permits for the helipad. 6. The flight paths shall consist only as provided in Exhibit I of this report. 7. 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. b. A maximum of 91 dB within a 250' — 375' radius of the helipad and a 12 hour average decibel level of no more than 78 dB. c. A maximum of 84 dB within a 375' — 800' radius of the helipad and a 12 hour average decibel level of no more than 81 dB. 8. Compliance will all Building Code provisions, including removal of the entire building foundation related to the previously planned, but never constructed 9,000 SF building approved via the 2007 PUD. 9. Approval of this Special Use Permit shall constitute amendment to the 2007 PUD, eliminating the 9,000 SF building from the planned development approval. 10. The applicant shall work with the Fire Marshal to ensure compliance with the Fire Code. This includes submission of an Emergency Response Plan, access/egress standards, no smoking signs, and proper helipad grading to ensure fuel leaks are directed away from access/egress points and passenger holding areas. Adopted this 16th day of June, 2015. ATTEST: Bruce Howard, Planning Commission Chair Janice Gundlach, City Planner IACommissions - NEW FOLDER\Planning Commission\2015\Working Docs\2015.06.16\APi helipad\SP2015-006 (AN) - RESOLUTION.doc 3