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15-12 Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Chadwick Group, Inc. and Holasek Farms, LP. — Planning Case No. 2015- 12. Request for an Interim Use Permit for grading of the property to remove peat and stockpile fill material on the property located at 8610 Galpin Boulevard. On June 2, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chadwick Group, Inc. and Holasek Farms, LP for an Interim Use Permit for grading operation. The Planning Commission conducted a public hearing on the proposed development 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 in the Land Use Plan for Office Industrial uses. 3. The legal description of the property is shown on the attached Exhibit A. 4. When approving an interim 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 proposed grading operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. All reasonable and appropriate erosion control measures shall be used to protect the public. b) The proposed grading operation will be consistent with the objectives of the city's comprehensive plan and the zoning chapter and shall comply with the grading requirements of Chapter 7 of the City Code. c) The proposed 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. d) The proposed grading operation will not be hazardous or disturbing to existing or planned neighboring uses. e) The proposed 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. f) The proposed grading operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g) The proposed 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 because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h) The proposed grading operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i) The proposed grading operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j) The proposed grading operation will be aesthetically compatible with the area. k) The proposed grading operation will not depreciate surrounding property values. 1) The proposed grading operation will meet standards prescribed for certain uses as provided in Chapter 7, Articles III, of the Chanhassen City Code. 5. The planning report #2015-12 dated June 2, 2015, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed development including an Interim Use Permit to allow site grading to remove peat and allow material stockpiling on the site. ADOPTED by the Chanhassen Planning Commission this 2nd day of June, 2015. CHANHASSEN PLANNING COMMISSION Its Chairman 2 EXHIBIT A (Parcel 1) The South IOD tact G! the Southeast Quarter of the Southeast Quarlor 01 Sectoral 16, Township 115. R-.ngn 23, Garver County. 4linnesola; AND (Parcel 2) Thai pan of the Southwest Quarter of the Smoh"st Clu8rler of Swlcn 15 Township 116, Ratim)d 23, Carver County. 1 lrMesota, dascribad as roiiawt COMMent+ry Mite Srasiriinest corner of sa4o Scttier, 15. end running thonce Eas: along the South Uro# of said :action 15 a d slap«t of 275 feel more or fess 10 the centerline at Cointy Raaf No 117, !bunco trarthwesterly along the said cenlenins of said; County Roziij No. 117 a distenee of 115.5 feet 10 the point of inte4odiun with a line t00 feat distant and funn!nq Fvallel to iha said South line of salcf Sectaon 15; thence Westerly along Said lr.e runnlrtg parallel t4 the Bald South tine or said Section 15 to the We -A lift Of 39id Sea tior 13 thence South a distance of 100 feet at" said Wrest line of aai:' Section IS 10 the point of beginning, AND (Parcel 3) The Northeast ©ull ter or the Northeast Ovaner of Section 21 Township 116. Rlango 23, Garver County, lillinnes4Sar. AND (Parcel 4) Begtnnwg al a point on the South tire or the Northwest Quarter of the Northwest Orrarter of Section 22, Towns( 1p 116, Range 23, Carver County, Minnesota. which point is 3 113 chtairna West of the Southeast Confer of said Northwest Ouarter M the No:l&,Vest Quarter, running thence North 22.112 degrees 1'Vest 17 is drains, thence 47-112 aegrees'Nest 2 ehoans; thence North 71-12 degrees West S.r33 chains to the Nort"west comer at sant Northwest Quarter of the Northwest Quarte- franca South 2C Chains to the Sout gest Gorier thereof: thenoo cast 18.44 chaals to It* place at beginning, s�ualed in the lNorlttwoM Quartet of the Norlhwest Quarter of Setlion 22, 1 Cwnstaip 116 Range 23 AND (Porte; 6) RD that part of Government trot Otte. Section 21, To'wnohys 116, Range 23, Garver. Couanty, Wnnesola, tying Norltravesterty or the right of way or the Chi ;ago, Milwaukee, Sl. Paul and Pacific. Rai vood Company, EXCEPTiNS therefrom, the following,. (Esteplion f) Ail that part 04 1he Wertheast Quarter of the Northesst 002fter of Seclioe 21. Township 116. Flange 23. Calvur' aunty. Minnesota. lying Soufheasturly� of?ho right Of way of the Chlcago. Milwaukee, St. Pahl and Pociftt Raa�aad Company; and (f!Xr#pttorl 2) All that part of the Mortftwest Otrarler of the Norinwe-v ouaftor of Section 22, Township 116, Range 23, Garver County, MUrnesota, lying, 600heasltrriy of the right of watt of the Chicago, Milwaukee, St. Paul and Pauh6 Railroad Company and Soutrwesterly of the cxceisior arta Shakopee Road,