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. . . Planning Commission Minutes November 23, 2004 Page 4 FRATERNAL ORDER OF EAGLES FORA CONDITIONAL USE PERMIT FOR A PRIVATE CLUB WITH ON-SALE LIQUOR, CASE NO. CU 04-35, WITH THE FOLLOWING CONDITIONS: 1. THE FREESTANDING SIGN ALONG 173RD SHALL BE REMOVED. 2. IF THE APPLICANT MODIFIES THE SIGN ALONG HIGHWAY 10, OTHER THAN JUST CHANGING THE FACE, THE SIGN WILL HAVE TO BE MOVED SO THAT IT COMPLIES WITH THE SETBACK REQUIREMENTS. 3. THE APPLICANT SHALL WORK WITH THE BUILDING AND FIRE DEPARTMENTS WITH REGARD TO ALL BUILDING AND FIRE CODES. 4. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED. AN ADDITIONAL 10 TREES WILL BE REQUIRED. THE TREES SHALL BE OVERS TORY TREES THAT COMPLY WITH THE LANDSCAPE ORDINANCE. 5. THE APPLICANT SHALL APPLY FOR AN ON-SALE LIQUOR LICENSE. MOTION CARRIED 7-0. 5.4. Request by Bishop George H. Speltz Middle School for a Conditional Use Permit to Operate a Catholic School, Public Hearing - Case No. CO 04-36 Staff report by Senior Planner Scott Harlicker. The applicant requests a conditional use permit to operate a middle school at 555 Railroad Drive. He explained that they will utilize the portion of the building formerly used by a Montessori School (approximately 2,200 square feet). Mr. Harlicker reviewed the floor plan, hours of operation, parking, play area, and bus pickup/drop off location. He noted that a basketball hoop may be installed outside, and that one of the rooms will be utilized for activities. The middle school proposes to share gym space with one of the schools next year if additional students are added. Staff recommends approval of the request. Commissioner Westgaard asked how many students there would be in the school. Mr. Harlicker stated that there will be approximately 20 students this year (grade 7), and an additional 20 next year (grade 8). If grade 6 students are added, there would be a maximum of 60 students. Chair Ropp asked if there are any traffic concerns with this many students. Mr. Harlicker stated that the students will be bussed to and from the site. Commissioner Stevens asked if the school is associated with St. Andrew's School. A representative for the applicant stated no, that the school is associated with the St. Cloud Catholic Diocese. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. Commissioner Anderson asked if there would be room to add the sixth grade students. Mr. Harlicker stated that the applicant would need to either lease additional space, or move to another location. Commissioner Stevens asked how many students are allowed by the ordinance. Director of Planning McPherson stated that the occupancy is regulated by the Building Code, and that the number of students would be determined by the church, up to the amount allowed by the Code.