Findings of Fact and Recommendation
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Terry Bros. Moon Valley, LLC and Moon Valley Aggregates, Inc. (Beatrice
Zwiers) for an Interim Use Permit to permit grading, excavation and slope restoration.
On September 15, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Terry Bros. Moon Valley, LLC and Moon
Valley Aggregates, Inc. (Beatrice Zwiers) for an interim use permit for the property located at
100 and 220 Flying Cloud Drive. The Planning Commission conducted a public hearing on the
proposed interim use which was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned A-2, Agricultural Estate District.
2. The property is guided by the Land Use Plan for Residential High Density.
3. The legal description of the property is:
All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County,
Minnesota, which lies northerly of Trunk Highway No. 212;
and,
27 acres in the west half of northeast ~ south of the railroad and north of Trunk Highway No.
212, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government
Lot 3 north of Trunk Highway 212 being that part of the northwest 14 of the northeast ~ and
the northeast 14 of the northwest 14 in Government lots 2 & 3, Section 36, Township 116,
Range 23, Carver County, Minnesota.
4. When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the
conditional use Section 20-232, include the following 12 items:
a. The mining operation will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The site work
will result in the stabilization and re-vegetation of the slope and the reduction in site
eroSiOn.
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b. The mining operation will be consistent with the objectives of the city's comprehensive
plan and the zoning code by creating a future development area that may be developed
consistently with the land use designation of the property and through the protection and
stabilization of the slopes. The earthwork will be maintaining the site in a form suitable
for residential use which is compatible with the Comprehensive Plan and this chapter.
c. The mining operation will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area because the site will be re-
vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be
enhanced with the elimination of the gullies/ravines in the site and the establishment of
site vegetation.
d. The mining operation will not be hazardous or disturbing to existing or planned
neighboring uses because the grading and drainage will be contained within the site
perimeters. Additionally, hours of operation are limited and specific conditions of
approval will be in place and enforced by the city.
e. The mining operation will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use since development of the site will be delayed until urban services are
available. The use is temporary which does not need to be served by public facilities and
services. The proposed grading will prepare the site for future development. The
development of the site will require additional city review and approval.
f. The mining operation will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community since this
is a temporary use. When the site is developed in the future, the development will
enhance the city's economic welfare.
g. The mining operation will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash. The proposed grading could result in a temporary increase in traffic,
noise and fumes. The conditions of the approval will provide standards by which the
activities should be minimized.
h. The mining operation will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares. Through
the use of signage, limits on the hours of operation, and if traffic becomes congested,
additional limits on the hours of hauling operation could be instituted, potential traffic
problems will be mitigated.
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1. The mining operation will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The proposal will result in the
removal of some existing canopy. However, the site will be re-vegetated and there will
be less bluff impact vis-a-vis the previously approved grading/restoration plan for the site.
J. The mining operation will be aesthetically compatible with the area since the grading and
re-vegetation of the site will improve the site aesthetics.
k. The mining operation will not depreciate surrounding property values since the plan will
improve the site and its impacts on the surrounding properties.
1. The mining operation will meet standards prescribed for certain uses as provided in
Chapter 7, Article ill of the Chanhassen City Code.
5. The planning report #09-14 dated September 15, 2009, prepared by Alyson Fauske, et aI, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit grading, excavation and slope restoration.
ADOPTED by the Chanhassen Planning Commission this 15th day of September, 2009.
CRA
COMMISSION
BY:
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