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i I4 1 If 14 !y 6. Ail' itionally, the Planning Commission reviewed the proposal in accordance with the fo owing Special Use Permit conditions of Section 8-130: a. !That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. b.~ That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. s That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall in all other respects conform to the applicable regulations of the I district in which it is located. 7. T Planning Commission and City Council find the conditions of Section 8-130 to be met as t proposed silos are only partially visible from Old Highway 8, are adjacent to I-35W, and not located adjacent to or near any residentially zoned property. Now T EREFORE BE IT RESOLVED, that based upon the above findings of fact the application for a Site :'Ian (LP2007-010) and Special Use Permit (SP2007-013) are hereby approved, subject to the f owing conditions: 1. R establish the required 5' parking setback to the northern lot line. Recognizing weather c ditions will not allow this to occur this year, staff will allow this condition to be delayed it spring of 2008 with submission of a Letter of Credit or cash deposit equal to $5,000 to ensure compliance with this condition. 2. P or to issuance of a building permit the general site maintenance issues, illegal parking, uthorized parking areas, etc. as depicted in the photos attached to the Planning Report d ed November 14, 2007, are corrected. Absence correction prior to a building permit a ti eline for completion of these corrections must be submitted with a Letter of Credit or a cp h deposit to ensure compliance. Staff will accept the same Letter of Credit noted in c dition #I to cover these issues. 3. a sign on the southern (existing) silo shall be considered the freeway, ground sign for the p perty. The second silo shall not include any igns. 0 Adored this 27 h day of November, 2007. Steve Larson, Mayor ATT ST: Dean R. Lotter, City a r Danie A. Maiers, Director of Finance and I#pport Services / City. Clerk IACo41L\REP0RTS\2007\Community Development\11-27-2007\SP2007-013, LP2007-010 (Mission Foods) - RESOLUTION.doc - 2