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" "" RESOLUTION NO. NEW BRIGHTON PLANNING COMMISSION RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF SPECIAL USE PERMIT SP-131. I WHEREAS, an application for a Special Use Permit, SP-131 has been made by Waste Energy Systems to allow the construction and operation ofa mass burn waste to energy plants. WHEREAS, the procedural history of the application is as follows: 1. That an application for a Special Use Permit, SP-131 was filed with the City on October 31, 1985. 2. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on November 19, 1985, all personls present at the hearing were given an opportunity to be heard. NOW THEREFORE BE IT RESOLVED by the Planning Commission that the following Findings of Fact are made in respect to SP-13l: 1. That the property is zoned 1-1, Light Industrial. 2. That a waste energy plant is not included in the list of permitted uses in the 1-1, Light Industtial District. 3. That Section 8-110 of the New Brighton Zoning Code specifies that special uses "may be permitted in those districts by the City Council where such uses are deemed essential or desirable to the public convenience and welfare, and are in harmony with the various elements or objectives of the comprehensive plan". 4. That section 8-130 of the New Brighton Zoning Code states that "no special use shall be recommended by the Planning Commission unless shall find: (a) That the establishement, maintenance or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of general walfare. (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 permitted, nor substantially diminish and impair property values within the neighbor- hood. (c) That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (d) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. (e) That the special use shall in all other respects, conform to the applicable regulations of the district in which it is located. 5. That Section 6-390(f) of the New Brighton Zoning Code states that: (f) Any use established in the industrial or business district shall be so operated as to permit no smoke or particulate to be discharged that is 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. 6. That several City residents and area businessmen present at the public hearing spoke in opposition to the request. 7. Those speaking in opposition at the public hearing stated that there were; too many unanswered environmental issues; that there were potential health risks; that the traffic generated by garbage hauling trucks would be detrime~t~l; that City and neighboring property values would be dlml- nished; that the proposed plant would be detrimental to the Cityls development and rede~elo~ment efforts: and that. there were no benefits to the Clty of New Brlghton or lts residents that would result from this project.