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Findings of Fact - SignedCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Hennepin County Regional Railroad Authority (HCRRA) for an Interim Use Permit to permit grading, excavation and slope restoration' On January 21, 2020,1he Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Hennepin County Regional Rail Authority for an Interim Use Permit for the property located north of 220 Flying Cloud Drive within the right- of-way for the Minnesota River Bluffs LRT Regional Trail. 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 Agricultural Estate District (A2). 2. The property is guided by the Land Use Plan for Residential High Density use 3. The legal description ofthe property is: Hennepin County Regional Railroad Authority (HCRRA) right-of-way for Minnesota fuver Bluffs LRT Regional Trail in Sections 25,34,35 and 36, Twsp 116, Range 23, Carver County, Minnesota 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 ofthe conditional use Section 20-232, include the following l2 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 ofthe slope and the reduction in site erosion. b. The slope restoration and stormwater improvements will be consistent with the objectives of the city's comprehensive plan and the zoning code by the protection and stabilization of the slopes. c. The slope restoration and stormwater improvements will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended I character ofthe 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 slope sluffrng, gullies/ravines in the site and the establishment of site vegetation. d. The slope restoration and stormwater improvements 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 ofapproval will be in place and enforced by the city. The slope restoration and stormwater improvements will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structues, 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 use is temporary which does not need to be served by public facilities and services. The proposed grading will reduce or eliminate erosion on the slope. f. The slope restoration and stormwater improvements 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. The repair of the slope will reopen a regional trail corridor, which is heavily used' g. The slope restoration and stormwater improvements 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 traffrc, 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 slope restoration and stormwater improvements 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 ofhauling operation could be instituted and potential traffic problems will be mitigated. i. The slope restoration and stormwater improvements 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. j. The slope restoration and stormwater improvements will be aesthetically compatible with the area since the grading and re-vegetation of the site will improve the site aesthetics. 2 k. The slope restoration and stormwater improvements will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. l. The slope restoration and stormwater improvements will meet standards prescribed for certain uses as provided in Chapter 7, Article III ofthe Chanhassen City Code. 5. The planning report #2020-01 dated January 2I,2020, prepared by Erik Henricksen, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Interim Use Permit to permit grading, excavation and slope restoration subject to the conditions ofthe staff report. ADOPTED by the Chanhassen Planning Commission this 2l'r day of January, 2020. SEN PLANNING COMMISSION BY: Steven Weick, gtplanUo2o planning casesuo{l charhassen slope failure project iup\findin8s of fact.docx J RECOMMENDATION