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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT. WHEREAS, an application has been made by Brian Drerup/Gruma Corp. on behalf of Mission Foods to permit construction of a third, 48' tall and 12' diameter silo at 1565 1st Avenue NW, and WHEREAS,the procedural history of the application is as follows: 1. An application for a Special Use Permit was received on August 26, 2013. 2. Notice of a public hearing was published in the New Brighton Bulletin on September 4, 2013. 3. Public hearing notices were mailed to property owners within 350' on September 5, 2013. 4. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 17, 2013 and all present were given a chance to freely speak at the hearing. 5. The Planning Commission recommended approval of the Special Use Permit subject to conditions. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Special Use Permit(SP2013-005): 1. The property is zoned I-1, Light Industrial district. 2. The property is guided in the Comprehensive Plan for Light Industrial. 3. Section 6-050 (4) permits accessory structures in an I-1 district to exceed 40' in height subject to the following conditions: a. The property is located adjacent to the right of way of Interstate 35W. b. The accessory structure is located in the rear or side yard. c. The accessory structure meets setback requirements for principal structures. d. No adjacent properties are zoned residential. e. The accessory structure is located no farther than 10' from the principal structure. f. The accessory structure height is no more than 160% of the height of the principal structure, and in no case more than 50'. g. The lot area of the property on which the accessory structure is located on is at least 5 acres. h. The property is in compliance with the performance standards of Section 6-390. i. The accessory structure complies with the standards of Section 8-130. 4. The Planning Commission reviewed the proposal and found it to meet all standards noted in the Zoning Code Section 6-050 (4). 5. Additionally, the Planning Commission reviewed the proposal in accordance with the following 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. I:\COMMISSIONS\PLANNING\Reports\2013\9-17-2013\SP2013-005(Mission Foods)-RESOLUTION.doc 1