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~ '" RESOLUTION No. 95-107 STATE OF MINNESOT ^ . COUNTY OF RAMSEY CITY OF NEW BRIGHTON :! Resolution MAKING FINDINGS OF FACT APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT SP-189. WHEREAS, an application for a special use permit, SP-189, has been made by Belair Builders, Inc. to cap a 14 acre landfill site. WHEREAS, the procedural history ofthe application is as follows: 1. An application for a special use permit, SP-189, was filed with the City of New Brighton on November 3, 1995. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 21, 1995, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered SP-189 at its November 28, 1995, meeting. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP~ 189: 1. The subject site is zoned I-I, Light Industrial. 2. The applicant proposes to cap a 14 acre landfill by hauling 50,000 cubic yards of clay material to said site from November 15, 1995, to December 31, 2000. 3. The depositing of over 100 cubic yards of clay material in an 1-1 district requires a special use permit. 4. The proposed excavation site would be located north of Long Lake Regional Park and the U.S. Army railroad tracks, south of the Mounds View City limits, east of Rice Creek and a residential area, and west Belair Builder's main site. 5. The applicant would cap the landfill with clean clay soils brought in from outside sites. 6. The applicant would take all necessary erosion control measures to avoid runoff into Rice Creek. 7. The subject landfill site would be visible from the residential area to the west, but would not be visible from Old Highway 8 or the developed industrial sites to the east, or from the developed portion of Long Lake Regional Park to the south. 8. In 1991 the City Council approved LP-259 and SP-164 allowing the construction of Belair Builder's facility conditioned on a landscape screen for the west property line being proposed and approved by the City Council within six months after the landfill is capped. 9. The excavation project would generate an average of four to six truck trips per day, which would travel from the landfill site, across the applicant's site, and then east to Highway 8. 10. The applicant's site currently generates truck traffic hauling sand, construction site soils, concrete and bituminous material. According to the applicant, the increase in truck traffic from the excavation site would not he noticeable. 11. The applicant is working with the U.S. Army, the Minnesota Pollution Control Agency, the Rice Creek Watershed District, and the City of New Brighton, to secure access to the Army railroad right-of-way, to ensure the clay cap installed is acceptable and effective, to protect against erosion and runoff, and to ensure the 14 acre site complies with the grading and drainage plan and is restored to it's natural state where appropriate.