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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