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2 <br />WHEREAS, the Planning Commission held a public hearing on the request at the November 20th <br />meeting and considered input from residents; and <br /> <br />WHEREAS, the Planning Commission recommended approval of the request based on the <br />applicant’s submittals and findings of fact; and <br /> <br />WHEREAS, the City Council considered on November 27th, 2018, the recommendations of the <br />Planning Commission, Staff, the Applicant's submissions, the contents of the staff report, and other <br />evidence available to the Council. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton <br />hereby approves the requested special use permit and nonconforming use permit based on the <br />following findings of fact: <br />1. The subject property is guided for community business by the comprehensive plan, and <br />churches can be permitted via a Special Use Permit (SUP) in the corresponding B-1 zoning <br />district. <br />2. Establishment, maintenance, and operation of a church at the proposed location will not be <br />detrimental to or endanger the public health, safety, morals, comfort, or general welfare. <br />3. The existing building and associated parking can accommodate the use without impacting <br />other on-site businesses or surrounding lands provided a formal shared parking agreement is <br />reached with existing tenants. <br />4. The proposed church will not impact the use and enjoyment of the subject and surrounding <br />properties provided management agrees to successfully address any noise complaints from <br />existing tenants or surrounding property owners should such arise. <br />5. Filling vacant space with the proposed church will not have detrimental impact on area <br />property values. <br />6. The subject site is adequately served by public utilities, roads, and drainage facilities to <br />accommodate the proposed use. <br />7. The special use will be in conformance with all underlying zoning district requirements. <br /> <br />BE IT FURTHER RESOLVED, that approval of the special use permit shall be subject to the <br />following conditions: <br />1. The Special Use Permit shall authorize the use of the lower level of 2722 Highway 694 <br />Service Drive as a church; expansion to other portions of the building or changes to the use <br />including expansion of service days would require an amendment of the SUP. <br />2. Subject to other to state building code limits that might apply, the maximum proposed <br />occupancy of the church shall be limited by available parking as follows: <br />a. Based on the eighteen (18) parking lot spaces reserved for the lower level’s 3600 square <br />feet, up to 54 attendees may be present at any given service.