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i ,I 6. The proposed rezoning is being denied as it would not be in compliance with the New Brighton Comprehensive Plan, will negatively impact surrounding properties due to dust, noise/vibrations, odors, traffic, outdoor storage, fumes and general unsightliness that accompanies this and any other use deemed heavy, is directly adjacent to the environmentally sensitive Long Lake Regional Park, and isn't consistent with the character of the surrounding land uses. 7. The applicants have proposed a Comprehensive Plan Amendment re-guiding the property from Light Industrial to Heavy Industrial. 8. The proposed Comprehensive Plan Amendment is being denied as it is in conflict with long-term goals for the property as noted within the New Brighton Comprehensive Plan in terms of providing compatible uses in an effort to create good places for people to work and because the proposal would be in conflict with the Comprehensive Plan of the adjacent community of Mounds View. 9. The City Council denies the Site Plan application based on the following: a. Lack of consistency with the Comprehensive Plan and Zoning Ordinance, an incomplete application related to a height variance that was not requested and details that were not provided on process controls. b. The truck drive proposed around the perimeter of the property does not comply with the 60' setback from residentially zoned areas. c. It is unclear whether the proposed stockpiles can comply with the 40' height maximum. d. The equipment, specifically a 70' silo that would exist within the "production facilities area" would exceed 40' in height and a variance application has not been submitted. e. The applicant has not provided adequate screening from residentially zoned property as required under Section 6-390 (3). f. The applicant has not provided adequate information to determine if sound level maximums can be met with regard to Section 6-390 (4). g. The three areas depicted on the applicant's site plan as stockpile areas (assumed to exceed 6' in height) do not meet the additional setback standards under Section 6-390 (10). h. The nature of the use makes it difficult to control dust. 1 The Planning Commission held a public hearing for a Special Use Permit to consider the proposed use on October 17, 2006 and all persons were given the opportunity to be heard. I As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find: 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 public. 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 pemitted, nor substantially diminish and impair property values within the neighborhood. C:\Docu ts and Scttingslkbruno\Local Settings\Temporary Internet Files\OLK58\CM2006-001 RZ2006-006 LP2006-007 SP2006-0I3 (Murlowsl i,Prop) DENIAL RESOLUTION, doc 2