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