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Page 2 of 7 <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 based on the following findings of fact: <br />1. The subject property is guided for light industrial uses, and the proposed use (aggregate <br />crushing and recycling operation) was previously approved for this site since 2010. <br />2. Under the current SUPs, the use has not generated any official complaints regarding noise, <br />dust, or odors since the latest SUP update in 2015. <br />3. Continued operation of an aggregate crushing and recycling operation in a slightly modified <br />location will not be detrimental to or endanger the public health, safety, morals, comfort, or <br />general welfare of the community. <br />4. The proposed new location for rubble pile storage will not impact the use and enjoyment of <br />the subject and surrounding properties provided existing conditions regarding site <br />maintenance are adhered to. <br />5. The proposed rubble storage area will be of equal size to the rubble storage area it is <br />replacing (≈ 4 acres) <br />6. The new location for the rubble pile will not have detrimental impact on area property <br />values, and will increase the value of this property by making more land useable for future <br />owners. <br />7. The proposed change to the rubble pile location will have no impact on the subsequent <br />development (or redevelopment) of surrounding property. <br />8. The subject site is adequately served by public utilities, roads, and drainage facilities to <br />accommodate the proposed modification to the use. <br />9. The special use will continue to conform with all provisions of the Environmental Constraint <br />Overlay Area by following all conditions of approval. <br /> <br />BE IT FURTHER RESOLVED, that approval of the special use permit amendment shall be <br />subject to the following conditions: <br />1. All previous conditions of approval for SUPs on this site, unless specifically changed by this <br />SUP amendment, shall remain in effect as part of this amendment. <br />2. Uses on the site shall be consistent with all plans approved as part of this special use permit <br />amendment except as required to be updated by City Staff to conform with conditions of <br />approval. <br />3. Approval shall not take effect until the applicant provides the following: <br />a. Evidence from properly licensed individuals that impacts of surcharging the landfill in <br />the proposed rubble pile location will not impact surrounding lands. <br />b. A letter of support from MN Commercial RR indicating that the proposed changes do not <br />affect their ability to operate the RR under existing Federal rules/guidelines. <br />c. Approval of the sound wall design by a structural engineer.