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RESOLUTION No. 14_043 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON MAKING FINDINGS OF FACT AND APPROVING A SPECIAL USE PERMIT. HEREAS, an application has been made by Murlowski Properties, Inc. on behalf of Belair Excavating, 2200 Old Highway 8 NW, requesting a special use permit, amending previous special use permits per Resolutions 10 -068 and 10-068 regarding implementation of a sound mitigation plan/berm. HEREAS, the procedural history of the application is as follows: 1. An application for a Special Use Permit was received on March 27, 2014. 2. A public hearing notice was published in the New Brighton area Sun Focus on April 4, 2014. 3. Public hearing notices were mailed to property owners within 350' of the applicant's property on April 2, 2014. 4. On April 9, 2014 City staff provided the applicant written notice of the City's intent to take an additional 60 days to review the Special Use Permit request, extending the 60 day review period to July 25, 2014. 5. The Planning Commission, pursuant to published and mailed notices, opened the public hearing on April 15, 2014 where interested parties in attendance were heard. 6. The Planning Commission, per City staff s request, tabled action to the May 20, 2014 meeting to allow for additional time and research. 7. A public hearing notice was published in the New Brighton area Sun Focus on May 9, 2014. 8. Public bearing notices were mailed to property owners within 350' of the applicant's property on May 7, 2014. 9. The Planning Commission, pursuant to a second published and mailed notice, continued the public hearing on May 20, 2014 where all interested parties were heard. 10. The Planning Commission voted to recommend approval of the request as submitted subject to six conditions as outlined by staff and amended by the Commission. HEREAS, the Planning Commission and City Council make the following Findings of Fact with respect to the Special Use Permit (SP2014 -002): 1. The property is zoned I — 1, Light Industrial. 2. The property is guided in the New Brighton Comprehensive Plan for LI, Light Industrial. 3. The property is addressed 2200 Old Highway 8 NW and is accessed off a private roadway west from Old Highway 8 NW. 4. The requested Special Use Permit impacts uses previously approved per Zoning Code, Chapter 6, Article 7, Environmental Constraint Overlay Area.