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.....' '-; 1,~ RESOLUTION NO. 88- 44 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING SPECIAL USE PERMIT APPLICATION SP-147. WHEREAS, an application for a Special Use permit has been made by the applicant, Gray Star Corporation. WHEREAS, the procedural history of the application is as follows: 1. An application for a Special Use Permit, SP-147, was filed with the City of New Brighton on April 1, 1988. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on April 19, 1988, and all persons present at the hearing were given an opportunity to be heard. 3. An application for a special use permit (SP-147) was reviewed by the City Council on April 26, 1988 and on May 3, 1988. NOW THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-147: 1. The subject site is zoned R-1A, Single Family Residential, and B-4, Downtown Business. 2. The entire subject site would be zoned B-4, Downtown Business upon approval of R-132. 3. According to section 5-360 of the Zoning Ordinance any construction activity within the B-4 district must be approved through the Special Use permit process. 4. The applicant is proposing an 85 unit elderly apartment building for the subject site. 5. The B-4 district recognizes certain zoning code requirements inhibit new development in the downtown district, therefore, in order to facilitate new development in the downtown district, in order to recognize the unique character and circumstances of such an area, in order to create a harmonious pattern and attractive development benefiting the downtown area, and in order to not inhibit new development but to facilitate new development in downtown New Brighton~ the B-4 district was created. 6. The proposed 85 unit elderly apartment building would be setback a minimum of 30 feet from Veteran's Park, 30 feet from 3rd Avenue NW, and 17 feet from the 4th Avenue NW right-of-way. 7. The proposed off-street parking areas would be setback a minimum of 30 feet from the 10th Street NW right-of-way and 15 feet from the 3rd Avenue NW right-of-way. 8. The existing 7 plex would be removed from the subject site. 9. The existing park path from 3rd Avenue would be eliminated and a 12 foot wide park path/emergency vehicle access path would be constructed along the south property line of the subject site. 10. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 11. 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. 12. 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. 13. Adequate utilities, access roads, drainage and/or necessary facilities. have been or are being provided. 14. The special use shall in all other respects, conform to the applicable regulations of the district in which it is located.