3A - COnditional Use Permit for Helicopter Ride Operation

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D. The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort,convenience, appearance or prosperity of the City. 2. The following must be considered: A. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. B. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. C. The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. D. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. E. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. F. Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner,that no disturbance to neighboring properties will result. G. The conditional use will not result in the destruction, loss or damage of a natural, scenic or historical feature of major significance. H. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients. Staff Findings: The Staff provides the following findings of fact for consideration by the Planning Commission: 1. Pursuant to the Planning Commission's interpretation, the proposed use is an appropriate conditional use in the Commercial District as a helicopter ride business is classified as a"Commercial Use, Other,"as listed on the Land Use Matrix. 2. The proposed use does not conflict with the Comprehensive Land Use Plan. The Plan discusses the role of the professional and service sectors within the community,but does not contain any specific policy statements regarding this type of use. One identified action within the Plan (p. 41) directs the City to encourage businesses in the professional/service sector to locate on the perimeter of the downtown in order to facilitate more space for retail directly in downtown. The proposed service business is located just south of the core downtown area. 3. It is unclear whether the proposed use, with conditions, would be compatible with the existing neighborhood. The properties in the area contain a range of uses, including other commercial businesses, agricultural uses, and residential structures. While the proposed use is unlikely to be incompatible with the surrounding commercial uses, it may pose issues with nearby residential uses. 4. It is unclear whether the proposed use would be injurious to the public health, safety, or welfare as business patrons would reach this operation via the intersection at Highway 371, which already has traffic issues. Increased traffic at this intersection would exacerbate those issues, but only on the days of actual operation, totaling nine days in the applicant's proposal. 5. The proposed use may be injurious to the use and enjoyment of other properties in the immediate vicinity due to the noise generated during take off and landing. The applicant has indicated that they plan to avoid excessive flying over homes in the community. �.. Homes within proximity to the helispot may still be impacted by noise. City of Pequot Lakes Staff Report 1-3 May 17,2007