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9. PLANNING, LAND US� & ZONING: A. Site Plan & Landscape Plan: E&H Earthmovers At its April 9, 2001 meeting, the Planning Commission recommended approval of the Site Plan and Landscape Plan submitted by E&H Earthmovers in compliance with the conditions of CUP approval. The Commission's action is subject to compliance with the City Engineer's recommendations and provisions by the applicant of development security, as required by Section 520. Council member DeLapp asked if the applicant understands this building requires a sprinkling system. When he had spoken to the City Planner, the Planner had noted it was a commercial building and taxed as a Cl bldg. Tim Freeman responded it's an Ag building and does not require sprinkling. Administrator Kueffner stated the use is commercial, but the building is an Ag building as the storage business down the road are farm buildings, but are taxed commercially. Dan Johnson of Anderson Johnson, provided a landscape fly -by. Council member DeLapp asked if Mr. Emerson would fill in with seedlings around the pond on the East side. He requested a drawing showing what people will see when they drive by because he could not believe one row of trees, 9' berm with 5' trees on top, would cover 14' high rigs making them totally invisible from the road. Adjacent property is interpreted as 4 lines, North, South, East and West. M/S/F DeLapp/Armstrong — to table site plan review until the applicant can provide elevation drawings showing you cannot see any vehicles because of screening. (Motion failed 2-3:Siedow, Hunt, Dunn). M/S/P Dunn/DeLapp - to approve the Section 520 Site Plan and Landscape Plan for E&H Earthmovers for the Non -Agricultural Low Impact CUP Site in the Southwest Quadrant of Manning Avenue and Hudson Blvd. subject to the following conditions: 1. Compliance with landscape security requirements of City code. 2. Determination if building needs to be sprinkled before building permit is issued. 3. Future right to re-evaluate, after two years, if landscaping and berm still effectively hides the equipment. (Motion passed 4-1:DeLapp) B. OP Ordinance Amendment — Continued Discussion City Planner Dillerud provided the Planning Commission's January 22 Draft, with the Council's February 27 changes. Bob Engstrom and Tim Freeman made a number of suggestions during the February 27 Workshop, but none of those suggestions resulted in Council direction to Staff for inclusion in the draft ordinance. The OP amendments are set up as a new section to the City Code on the recommendation of the City Attorney. LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 5