14-01 Findings of Factf `F—a I
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Minnetonka Public Schools District 276 for an Interim Use Permit to permit
grading in excess of 1,000 cubic yards (Planning Case #2014 -01).
On January 7, 2014 the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Minnetonka Public Schools District 276 for an interim use
permit for the property located at 6421 Hazeltine Boulevard. 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 OI, Office Institutional District.
2. The property is guided by the Land Use Plan for Public /Semi - Public use.
3. The legal description of the property is:
LEGAL DESCRIPTION
The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section
Three (3), Township One Hundred Sixteen (116), Range Twenty Three (23) West,
according to the U. S. Government Survey thereof, excepting therefrom the
35/100ths acres conveyed by deed recorded in the office of the Register of
Deeds of Carver County, Minnesota, in Book 8 of Deeds, page 400, and that part
thereof conveyed by deed recorded in the office of the Register of Deeds of
Carver County, Minnesota, in Book 41 of Deeds, page 322, and subject to the
right, title and interest of the State of Minnesota in that strip of lond conveyed
by deed recorded in the office of the Register of Deeds of Carver County,
Minnesota, In Book 33 of Deeds, page 25.
Also that part of Lot E, Bcrdwell Acres, not conveyed by said deed recorded in
the office of the Register of Deeds of Carver County, Minnesota, in Book 41 of
Deeds, page 322.
Subject to a permanent easement for roadway purposes as recorded in the office
of the Register of Deeds of Carver County, Minnesota, In Book 64 of Deeds, page
32.
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 grading 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 creation of a water filtration Swale which will improve water quality.
b. The grading operation will be consistent with the objectives of the city's comprehensive
plan and the zoning code providing additional storm water treatment. The earthwork will
be maintaining the site in a form suitable for institutional use which is compatible with
the Comprehensive Plan and the zoning code.
c. The grading 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 improvements will
improve the use of the site as well as improve water treatment. .
d. The grading 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. Hours of operation are limited and specific conditions of approval will be in
place and enforced by the city.
e. The grading 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. The grading is temporary which does not need to be served by public
facilities and services. The proposed grading will improve storm water management in
this area.
f The grading 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
site already contains a school.
g. The grading 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 conditions of the approval will provide standards by which the
activities should be minimized.
h. The grading 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 the limited nature of the
operation, traffic impacts will be limited.
i. The grading operation will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The grading operation is
`A
limited.
The grading operation will be aesthetically compatible with the area since the grading and
re- vegetation of the site will improve the site storm water management.
k. The grading operation will not depreciate surrounding property values since the plan will
improve the site and its impacts on the surrounding properties.
I. The grading operation will meet standards prescribed for certain uses as provided in
Chapter 7, Article III of the Chanhassen City Code.
5. The planning report #2014 -01 dated January 7, 2014, prepared by Stephanie Bartels, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit grading in excess of 1,000 cubic yards.
ADOPTED by the Chanhassen Planning Commission this 7t' day of January, 2014.
CHANHASSEN PLANNING COMMISSION
.......... .
BY
Its Chairman