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..~ WHEREAS, section 8-110 of the New Brighton Zoning Code states that an SUP may be granted within a district only if the City finds the proposed use essential or desirable to the public convenience and welfare and in harmony with the elements or objectives of the city's comprehensive plan; and WHEREAS, pursuant to section 8-120 of the New Brighton Zoning Code, the planning commission held a public hearing on the SUP after due notice on November 19, 1985, and all persons desiring to speak or present evidence concerning the matter were allowed to do so; and WHEREAS, at the public hearing held before the planning commission, numerous residents and business owners expressed their opposition to the SUP, citing concerns about traffic, toxic emissions, property values and the effect of the use upon the City's development and redevelopment efforts; and WHEREAS, at the public hearing held before the planning commission no one spoke in favor of the SUP except the applicant; and WHEREAS, on December 17, 1985 the planning commission, after evaluating the evidence before it, adopted a resolution recom- mending that the city council deny the application; and WHEREAS, on December 19, 1985 hearing on the matter and received evidence; and the city council held a additional testimony and WHEREAS, the city council has had an opportunity to consider all testimony and evidence put before it on the matter. NOW, THEREFORE, BE IT RESOLVED by the City of New Brighton as follows: 1. The proposed use ,,,ill violate section 6-390 (f) of the New Brighton Zoning Code, which requires that "any use estab- lished in the industrial or business district shall be so operated as to permit no smoke or particulate to be dis- charged that it darker than No. 1 Classification of the Ringelmann Smoke Chart furnished by the U.S. Bureau of Mines and the emission shall not exceed more than 0.07 pounds per hour per acre of site occupied", which violation the appli- cant has admitted. 2. Since the applicant has failed to demonstrate how hazardous wastes will be separated from the wastes to be burned, the proposed use will violate section 6-390(g) of the New Brighton Zoning Code, which requires that "any use estab- lished shall be so operated as not to discharge across the boundaries of the lot, or through percolation into the subsoil beyond the boundary of said lot where such use is located, toxic or noxious matter in such concentrations as 2