02-16-2021 Planning Commission Packet

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shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the council, the planning commission or the council may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The city shall provide for a record of the proceedings, which shall include the minutes of the meetings, the findings, and the action taken on each matter heard, including the final action. (Code 1984, § 10.09(5); Ord.No. 210 3rd series, § 14, 6-25-2018) State Law reference—Conditional use permit hearings, Minn. Stat. § 462.3595, subd. 2. Sec. 78-916.-Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right- of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe.