Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Beatrice Zwiers and Moon Valley Aggregates for an Interim Use Permit to permit
grading, excavation and slope restoration.
On August 17, 2004, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Beatrice Zwiers and Moon Valley Aggregates, Inc. for an
interim use permit for the property located at 100 Flying Cloud Drive. The Planning
Commission conducted a public hearing on the proposed interim use 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 Medium and 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 1,4 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 lj.¡ of the
northeast 1,4 and the northeast 1,4 of the northwest 1,4 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. Will not be detrimental to endangerthe public health, safety, comfort, convenience
or general welfare of the neighborhood or the city through the stabilization and re-
vegetation of the slope and the reduction in site erosion.
b. 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. 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 of the gullies/ravines in the site and the establishment of site
vegetation.
d. 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. 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. 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. 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. 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
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be mitigated.
i. 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-à-vis the previously approved grading/restoration plan for the site.
j. Will be aesthetically compatible with the area since the grading and re-vegetation
of the site will improve the site aesthetics.
k. Will not depreciate surrounding property values since the plan will improve the
site and its impacts on the surrounding properties.
l. Will meet standards prescribed for certain uses as provided in, Chapter 7, Article
III of the Chanhassen City Code.
5. The planning report #04-27 dated August 17,2004, prepared by Matt Saam, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the interim
use permit.
ADOPTED by the Chanhassen Planning Commission this 17th day of August, 2004.
CHANHASS?~ COMMISSION
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BY:
Its Chairman
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