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II RESOLUTION NO. 88-103 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT APPROVING AN APPLICATION FOR EXTENDING SP-135. WHEREAS, an application for an extension of a special use permit has been made by Bell Lumber and Pole Company to permit the continued use of a '; thermal processor on-si te and the use of a metal structure to accommodate the on-site incinerator on a temporary basis; and WHEREAS, the procedural history of the application is as follows: 1. An application for extending SP-135 was filed with the City of New Brighton on July 29, 1988. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on September 20, 1988, and al'l persons present at the hearing were given an opportunity to be heard. 3. The City Council reviewed the application for SP-135 on September 27, 1988. NOW THEREFORE BE IT RESOLVED, the Planning Commission makes the following Findings of Fact in respect to SP-135: 1. The proposed rotary kiln thermal processor is being used to incinerate contaminated soils on the subject site on a temporary basis. 2. All contaminated soils to be incinerated by the thermal processor would be generated from the subject site. 3. The subject site is zoned 1-2, Heavy Industrial. 4. A rotary kiln thermal processor is not a permitted use in the 1-2 district, according to Section 6-030 of the New Brighton Zoning Code. 5. The City of New Brighton (the City) may grant a special use permit for such a use within the 1-2 district only if the use meets the standards specified in Section 8-130 of the New Brighton Zoning Code, which standards follows: 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 welfare; 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 neighborhood; 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. 6. The thermal processor incineration process has been formally approved by the Minnesota Pollution Control Agency (MPCA) until December 22, 1988. 7. ' The MPCA is presently reviewing a request by Bell Lumber and Pole to extend the Air Emission Facility permit beyond December 22, 1988.