Findings of Fact-Denial
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION OF DENIAL
Planning Commission
INRE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill to the site in
southern Chanhassen - Planning Case 06-28.
On August 1,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the property located south of the Hennepin County Regional Rail Corridor and Bluff Creek
Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 properties is currently zoned Agricultural Estate District, A2 (Site 2).
2. The property is guided by the Land Use Plan for Residential- Large Lot and Parks and
Open Space.
3. The legal description of the properties are:
Site 2: The SW 1.1.1 of the NE 1.1.1 of the Section 35, Township 116, Range 23 West,
Southwest of Bluff Creek Drive and South of the Hennepin County Regional Rail
Corridor.
4. The proposed grading and filling operations consisting of 90,000 cubic yards of fill for
Site 2:
a. Will be detrimental to the public health, safety, comfort, convenience or general
welfare of the neighborhood or the city.
Existing traffic on Bluff Creek Drive is approximately 3,700 trips per.
The only access to the sites is via Bluff Creek Drive.
Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right-of-way with
one lane of traffic in each direction.
Trucks entering and exiting the site will require the entire street width to complete
the turn. This will block the street in both directions for the duration of the turn,
closing down the road.
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Due to the residential nature of the area, the hours of operation would be limited
to 9:00 a.m. and 3:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m.
on Saturdays, with no work allowed on Sundays or holidays.
Truck capacity is approximately 10 cubic yards per load.
Hauling activities will degrade traffic to an unacceptable level:
Summary Table:
MoelHess Hess property MoelHess and
property only only Hess properties
7 am - 6 pm Monday-Friday 47.1 tripslhour for
9 am -5 pm Saturday 18.5 trips/hour 28.6 trips/hour 3 weeks
(Regular hours within time for 3 weeks for 5 weeks 28.6 trips/hour for
frame stated in application) 2 additional weeks
9 am - 3 pm Monday-Friday 47.1 tripslhour for
9 am -5 pm Saturday 5 weeks
(Recommended hours at the 18.5 trips/hour 28.6 trips/hour 28.6 trips/hour for
hauling rate for the above for 5 weeks for 8.3 weeks 3.3 additional
scenario) weeks
9 am - 3 pm Monday-Friday 77.7 trips/hour for
9 am -5 pm Saturday 30.7 trips/hour 47 trips/hour 3 weeks
(Recommended hours within the for 3 weeks for 5 weeks 47 trips/hour for 2
time frame stated in application) additional weeks
MoelHess property only: 35,000 cy + 10 cy/load = 3,500 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for three weeks:
63 hours/week x 3 weeks = 189 hours of hauling
3,500 trips + 189 hours = 18.5 trips/hour
This would result in stopping traffic once every three minute for three weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 18.5 trips/hour:
18.5 tripslhour x 38 hours/week = 703 trips/week
3,500 trips + 703 trips/week = 5.0 weeks
This would result in stopping traffic once every other minute for over three weeks.
2
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), for three weeks:
38 hours/week x 3 weeks = 114 hours of hauling
3,500 trips + 114 hours = 30.7 trips/hour
This would result in stopping traffic every minute for three weeks.
Hess Property (Site 2) only: 90,000 c.y. + 10 cy/trip = 9,000 trips
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week) for 5 weeks:
63 hours/week x 5 weeks = 315 hours of hauling
9,000 trips + 315 hours = 28.6 trips/hour
This would result in stopping traffic once every other minute for five weeks.
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), 28.6 trips/hour:
28.6 trips/hour x 38 hours/week = 1,086.8 trips/week
9,000 trips + 1,086.8 trips/week = 8.3 weeks
This would result in stopping traffic once every other minute for over eight weeks.
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week) for five weeks:
38 hours/week x 5 weeks = 190 hours of hauling
9,000 trips + 190 hours = 47 trips/hour
This would result in stopping traffic almost once every minute for 5 weeks.
Moe/Hess and Moe properties (cumulative effect if both were approved):
1) If 7 am to 6 pm Monday-Friday, 9 am-5 pm Saturday (regular construction hours, 63
hours/week):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for three weeks
28.6 trips/hour for two weeks additional
2) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining the same rate of hauling shown in a):
18.5 trips/hour + 28.6 trips/hour = 47.1 trips/hour for five weeks
28.6 trips/hour for 3.3 weeks additional
3
3) If 9 am - 3 pm Monday - Friday, 9 am -5 pm Saturday (recommended hours of
operations, 38 hours/week), maintaining same timeframe listed in application:
30.7 trips/hour + 47 tripslhour = 77.7 tripslhour for three weeks
47 trips/hour for two weeks additional
b. Will be inconsistent with the objectives of the city's comprehensive plan in that
traffic operations will be significantly degraded and significant natural resources
will be impacted. There are several significant trees within the fill area of Site 2
that would be removed with the proposed grading operation. The fill on Site 3
could interrupt existing groundwater flows in the area that contribute to the
hydrology of the Seminary Fen, Assumption Creek and/or the associated wetland
complex
c. Will not be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
change the essential character of that area by altering Site 2 by adding between 2
and 30 feet of fill and increases the slope adjacent to the wetland.
d. Will be disturbing to existing neighboring uses since the truck traffic will increase
existing traffic of 3,700 trips per day by between 290 and 300 trips per day and
must access the sites via Bluff Creek Drive, which is a 28-foot wide roadway, and
would close Bluff Creek Drive for turns into the sites.
e. Will not served adequately by city streets, which is only 28-foot wide street.
f. Will create excessive requirements for public streets and will be detrimental to the
economic welfare of the community.
g. Will involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
h. Will have vehicular approaches to the property which create traffic congestion or
interfere with traffic or surrounding public thoroughfares requiring the closing
down of the road.
1. Will potentially result in the destruction, loss or damage of natural features of
major significance.
There are several significant trees within the fill area of Site 1 that would be
removed with the proposed grading operation.
The proposed fill on Site 2 is adjacent to the Seminary Fen wetland complex. The
Seminary Fen and nearby Assumption Creek are classified as Outstanding
Resource Value Waters ("ORVW") by the State of Minnesota.
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Due to the nature of the soils on this site, it is likely that significant compaction of
underlying soil material would result. This could interrupt existing groundwater
flows in the area that contribute to the hydrology of the Seminary Fen,
Assumption Creek and/or the associated wetland complex.
J. Will be aesthetically incompatible with the area since the grading operation will
remove existing vegetation on the site or significantly alter the site elevations,
creating steep slopes and concentrated runoff.
k. Will not depreciate surrounding property values.
1. Will not meet standards prescribed for certain uses as provided in the zoning
ordinance.
5. The planning report #06-28 dated August 1, 2006, prepared by Alyson Fauske, et
aI, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council deny the interim
use permits for Sites 1 and 2 (Moe and Hesse).
ADOPTED by the Chanhassen Planning Commission this 1st day of August, 2006.
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