1k. Finding of Denial, Town & Country HomesMEMORANDUM
CITY OF --
R
14
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner
DATE: August 21, 1996
SUBJ: Findings for Denial, Town & Country Homes
BACKGROUND
Action by City Administrator
Endorsed
Modified
Rejecter
�' Z Z —�
Date
Date Submitted to Commission
Date Submitted to Council
At the August 12, 1996 meeting, the City Council denied Land Use Map Amendment #96 -1b
from Office /Industrial to Residential Medium Density for the northerly 22.6 acres, conceptual
and preliminary PUD #96 -2, preliminary plat for 23 lots and associated right -of -way, Site Plan
Review #96 -5 for 140 townhouse units, and Wetland Alteration Permit #95 -2b. The City
Council also directed staff to prepare appropriate findings for the denial.
RECOMMENDATION
Staff recommends that the City Council adopt the Findings of Fact and Decision.
ATTACHMENT
1. Findings of Fact and Decision
CITY OF c ANHASSEN
CARV]ER AND IIENNEPIN COUN'T'IES, AIIlVNESOTA
IN RE:
Application of Town and Country
Homes for Comprehensive Plan
Amendment, Rezoning, Wetland
Alteration Permit, Site Plan Approval
and Preliminary Plat Approval.
FINDINGS OF FACT
AND DECISION
On August 12, 1996, the Chanhassen City Council met to consider a
Comprehensive Plan amendment, rezoning, preliminary plat approval, site plan
approval and wetland alteration permit relating to property located at the northwest
quadrant of Galpin and Lyman Boulevard ( "Subject Property"). having considered
the City's Comprehensive Plan as updated in 1991, staff reports and all other written
materials, having heard testimony from all interested persons wishing to speak, and
based upon its knowledge of the community, the Council now makes the following:
FYND GS QF FAa
1. The Land Use Map in the City's Comprehensive Plan guides the 45.21 acre
subject property for office /industrial use. The property is zoned A2, Agricultural
Estate.
2. The Applicant, Town and Country HOMes, is requesting conceptual and
preliminary Planned Unit Development ("PUD ") approval for a mixed office /industrial
and townhome development. The Applicant is requesting a Land Use Plan
amendment for the northerly 22.6+ acres from office /industrial to residential -
medium den rezoning from A2, Agricultural Estate to PUD, Planned Unit
Development)
evelopment; - site plan approval for 140 townhome, units, a wetland alteration permit
to fill and excavate and mitigate wetlands on site, and preliminary plat approval
creating 24 lots. The office /industrial component of the development consists of two
lots of 6.29 and 9.4 acres.
3. The Subject Property has abandoned farming uses on the northern and
eastern portions of the site; abandoned mining and excavating operation on the western
41484.03
rO8/22/96
and southwest portions of the property; and a landscaping operation is located on the
central portion of the property. A house is located in the southeast comer of the
property. Three large wetland areas are located in the east central, northwest, and
southwest of the property. The site is significantly wooded in the north central area.
The property has a high point of approximately 980 feet in the north central and low
point of 940 feet in the southwest corner of the properly. The property is bounded by
Galpin and Lyman Boulevards.
4. The Subject Property was one of four areas in the City that was
designated for Office/Industrial use as part of the City's 1991 Comprehensive Plan
Update. At that time, there was a remaining supply of 95 acres of vacant industrial
land in Chanhassen. For the continued well being of the community and in interest of
promoting a balance of land uses, Chanhassen established a plan that would
accommodate a reasonable amount of industrial office development in the future.
' S. The Subject Property was designated for office /industrial use in 1991
partially because it was being used for nonresidential and non - agricultural purposes
and was adjacent to the industrial expansion coming from the south in Chaska. In
' addition, the site is adjacent to two collector roadways, providing high levels of
access.
' 6. The Planning Commission held public hearings on June 5 and June 19,
1996 to review the Applicant. At its June 19, 1996 meeting, the Planning
Commission voted unanimously to recommend denial of the Land Use Map
amendment, rezoning, and development proposal.
' 7. In 1995, a different Applicant requested a comprehensive plan
amendment and rezoning to allow the construction of single - family homes. The
Developer withdrew the Application after the Planning Commission recommended
' denial and the City Council tabled the matter.
8. The history of the site is consistent with its office industrial designation
' in the Comprehensive Plan. Since 1980, at different times, portions of the property
have been used for a contractors business and storage yard, storage and repair of
' garbage trucks and landscape contractors yard.
9. The original designation of the Subject Property as office /industrial in the
' City's 1991 Comprehensive Plan Update was not a mistake; nor has there been any
changes since that time which necessitates a redesignation of this property to some
' other use.
41484.01 -2-
roe/22/96
10. Rezoning the property to a Planned Unit Development District to allow
medium- density housing on the northerly 22.6 acres would be inconsistent with the
City's Comprehensive Plan.
DECI
1. Applicant's request to amend the City's Comprehensive Plan to guide the
northerly 22.6 acres of the Subject Property as medium density housing is denied
(#95 -18 LUP);
2, Applicant's request to rezone the subject property from A2, Agricultural
Estates, to a Planned Unit Development District is denied (#96 -2 PUD); and
3. Applicant's request for subdivision approval, site plan approval for 140
townhome units and a wetland alteration permit are denied (#96 -2 PUD, #96 -5 SPR,
#95 -28 WAP).
Dated: , 1996. CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
ATTEST:
City Clerk
41484.03
r08/22/96 _3_