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Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date 1july Prepared by Public Hearin� 6, 2015 Zack Carlton, Planner I Item Description Reviewed by HiTech Motorsports Inc. —Public Hearing to Cal Portner, City Administrator Revoke Conditional Use Permit CU 06-12 Reviewed by Action Requested Receive additional testimony and determine compliance with Conditional Use Permit (CUP) CU 06-12 permitting the operation of a high performance automobile garage at 16820 Highway 10. ■ If the City Council determines the operation does not comply with the CUP, staff will prepare a Findings of Fact regarding revocation of the CUP for consideration during the July 20, 2015, Council meeting. Specific reasons for the revocation must be stated. ■ If the Council determines the operation is in full compliance with the CUP, no further action is required. ■ The Council may also continue the public hearing to a future date. Background/Discussion During the June 15, 2015, City Council meeting, a public hearing was held to receive testimony regarding the potential revocation of the CU 06-12 authorizing the operation of HiTech Motorsports. Six nearby property owners spoke in support of revoking the CUP, stressing excessive noise levels and concern that the garage doors have been left open while testing vehicles. A former neighbor also expressed concern that chemicals had been dumped on site and leaked into his yard, killing a section of his lawn. Mr. Wells, owner of HiTech Motorsports, and his attorney, Michael Hoverson, requested that the public hearing be continued to July 6, 2015, to allow for additional testimony from witnesses that could not attend the meeting. The owner also reviewed a diagram of the site and associated photographs to illustrate the sound reducing measures that are currently in place. It was also stressed by Mr. Wells that the dyno cell cannot be operated with the doors open, addressing some of the concerns from nearby property owners. After receiving testimony from all parties, the City Council continued the public hearing to July 6, 2015, and directed staff to perform a soil test and measure the noise levels originating from the building. Noise Levels City staff utilized a decibel meter from the Elk River Police Department to measure the noise levels at various points around the site (a map showing the location of each reading is attached). At each location a baseline was established by measuring the ambient noise in the area for a period of one minute. After the baseline was established, Mr. Wells tested a vehicle using the dyno and the peak decibel reading was recorded. Noise levels were measured on two separate dates. The first, on June 19, 2015, measured the noise utilizing in-place noise reducing measures, and the second, July 1, 2015, measured the noise levels R'01WIHE8 6T Template Updoted 4/14 INAMIRE1