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II ~ ! !.. RESOLUTION No. 96..062 CITY OF NEW BRIGHTON ;1 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING SP-195. WHEREAS, an application for a special use permit has been made by the Environmental Protection i Agency to permit the use of a water treatment facility on the MacGillis and Gibbs site; WHEREAS, the procedural history of the application for a is as follows: 1. An application for extending SP-195 was filed with the City of New Brighton on August 2, 1996. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on August 20, 1996, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered SP-195 at it's meeting on August 27, 1996. NOW, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in · respect to SP-195: The proposed water treatment facility would be used to clean contaminated groundwater on the subject site on a temporary basis. All contaminated groundwater to be cleaned by the water treatment facility would be generated from the subject site. The subject site is zoned 1-2, Heavy Industrial. A water treatment facility is not a permitted use in the 1-2 district, according to Section 6-030 ofthe New Brighton Zoning Code. The City of New Brighton (the City) may grant a special use permit for such a use within the 1-2 district only if the use meets the standards specified in Section 8-130 of the New Brighton Zoning Code, which standards follow: : I a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of 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. That the establishment of the special use will not impede the normal and orderly development and improvement ofthe 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 district in which it is located. 6. The water treatment process has been formally approved by the Environmental Protection Agency. 7. The on-site water treatment process would comply with the New Brighton Zoning Code, Section 8-130 (a), (b), (c), (d), and (e) special use permit standards. 8. A 40 by 50 foot structure will be constructed to accommodate the water treatment equipment. 9. The on-site water treatment process is scheduled to be completed in five to ten years. 1. 2. 3. " 4. 5. G:\CDI-B6-CCREISP.195.WPD