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<br />L <br /> <br />RESOLUTION No. 97-083 <br /> <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICA nON FOR SP-202 . <br /> <br />1,; <br /> <br />:; <br /> <br />WHEREAS, an application for a special use permit has been made by the Environmental Protection Agency to <br />permit the use of a water treatment facility on the former MacGillis and Gibbs site; <br /> <br />WHEREAS, the procedural history ofthe application for a is as follows: <br />1. An application for SP-202 was filed with the City of New Brighton on October 31, 1997. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on <br />November 18, 1997, and all persons present at the hearing were given an opportunity to be heard. <br />3. On November 25,1997, the City Council considered all information related to application SP-202. <br /> <br />1! <br /> <br />NOW, THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-202: <br />1. The proposed water treatment facility would be used to clean contaminated groundwater on the <br />subject site on a temporary basis for up to 30 years. <br />2. All contaminated groundwater to be cleaned by the water treatment facility would be generated from <br />the subject site. <br />3. The subject site is zoned 1-2, Heavy Industrial. <br />4. A water treatment facility is not a permitted use in the 1-2 district, according to Section 6-030 of the <br />New Brighton Zoning Code. <br />5. The City of New Brighton (the City) may grant a special use permit for such a use within the 1-2 <br />district only ifthe use meets the standards specified in Section 8-130 of the New Brighton Zoning <br />Code, which standards follow: <br />a. That the establishment, maintenance, or operations of the special use will not be detrimental <br />to or endanger the public health, safety, morals, comfort of general welfare; <br />b. That the special use will not be injurious to the use and enjoyment of other property in the <br />immediate vicinity for the purposes already permitted, nor substantially diminish and impair <br />property values within the neighborhood; <br />c. That the establishment of the special use will not impede the normal and orderly development <br />and improvement ofthe surrounding property for uses permitted in the district; <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided; <br />e. That the special use shall, in all other respects, conform to the applicable regulations of the <br />district in which it is located. <br />6. The water treatment process has been formally approved by the Environmental Protection Agency. <br />7. The on-site water treatment process would comply with the New Brighton Zoning Code, Section <br />8-130 (a), (b), (c), (d), and (e) special use permit standards. <br />8. An 80 by 50 foot structure will be constructed to accommodate the water treatment equipment. Said <br />facility would be constructed of aggregate tilt up panels, windows, and trim to compliment other <br />new industrial structures which may be constructed on the subject site in the future as part of the <br />City's redevelopment efforts. <br />9. The on-site water treatment process is scheduled to be completed in 30 years. <br /> <br />~ ; <br /> <br />:; <br /> <br />u <br />q <br /> <br />BE IT FURTHER RESOL VED, the application for SP-202 is hereby approved, subject to the following conditions: <br />1. Approval and continuing compliance with LP-334. <br />2. A landscape plan be prepared by the City Forester and be approved by the City Council. <br /> <br />Adopted this 25th day of November, 1997. <br />!i <br /> <br />::--~~ <br /> <br />~~ <br /> <br />Robert Benke, yor <br /> <br />:12;~ManagU <br /> <br />", <br /> <br />Seal <br /> <br />G:\CD\-97-cCIRESOISP-202. WPD <br />