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RESOLUTION PLANNING COMMISSION CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF AN OFF-STREET PARKING SPECIAL CIRCUMSTANCE AND A SPECIAL USE PERMIT. WHEREAS, an application has been made by New Brighton Parks & Recreation and Silver Tower Subs, Inc. — Daniel O'Bresky to authorize an off-street parking special circumstance and a Special Use Permit involving Subway as a tenant at the New Brighton Community Center at 400 l Oth Street NW, and WHEREAS,the procedural history of the application is as follows: 1. An application for a Special Use Permit was submitted on November 2, 2012. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 20, 2012 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended approval on November 20, 2012. WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the Zoning Code Special Circumstance (ZA2012-002) and Special Use Permit(SP2012-005): 1. The property is zoned B —4, Downtown Business. 2. The property is guided in the New Brighton 2030 Comprehensive Plan for City Center. 3. Per Zoning Code Section 11-040(4), off-street parking requirements may be reviewed on an individual basis based on unique circumstances, when the applicant presents such unique circumstances to the City's satisfaction. 4. The applicant has requested under Zoning Code Section 11-040(4) that additional off-street parking not be required at the Community Center in accordance with Subway's proposal to open a sandwich kiosk of approximately 250 SF, based on the following special/unique circumstances: a. The majority of Subway customers will most likely be shared customers who are already visiting the Community Center for other reasons. b. The size and location of Subway within the Community Center is such that existing shared Community Center seating will be utilized and no additional seating will be provided solely for use of Subway customers. c. The number of employees for Subway would be negligible when compared to the over 1,000 existing visitors to the Community Center daily(386,000 yearly). d. Subway's hours of operation are hours the Community Center is already open. 5. The Planning Commission determined adequate information was submitted to justify the special circumstance under Section 11-040(4) and that no additional off-street parking should be required for Subway at the New Brighton Community Center. 6. Per Zoning Code Section 9-041 the New Brighton Community Center is considered a renewal area and is thus permitted to adopt a Comprehensive Sign Plan. 7. The original Civic Campus Comprehensive Sign Plan was approved and implemented in 2005, then revised in 2009. I:\COMMISSIONS\PLANNING\Reports\2012\11-20-2012\Z02012-002,SP2012-005(NB Parks&Silver Tower Subs)-RESOLUTION.doc 1