1k. Findings fo Fact, Convesco, Oak View Heights I - r
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
' DATE: June 26 , 1989 II
� i'C.
SUBJ: Oakview Heights Townhomes
On June 13, 1989, the City Council tabled action on this item to
1 allow the City Attorney' s office to prepare "Findings of Fact"
documenting the basis for denial. Attached please find such.
Approval is recommended.
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LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON I
DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER:
DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359
VANCE B.GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B. KNETSCH I
MICHAEL J.MAYER
VANCE B GRANNIS,JR.* 161 NORTH CONCORD EXCHANGE TIMOTHY J BERG
PATRICK A. FARRELL SOUTH ST. PAUL, MINNESOTA 55075
DAVID L. GRANNIS,III
ROGER N. KNUTSON TELEPHONE(612)455-1661
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DAVID L. HARMEYER
*ALSO ADMITTED To ° «o by '1'i� tr ink
PRACTICE IN WISCONSIN -�C.i�l ;,i �I�` _I(..�I$.� v�• I
June 15, 1989 V" .r-cit'r
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Mr. Don Ashworth �ca.' SuL::ttcd to ^^la,.,;IV rl
Chanhassen City Hall
690 Coulter Drive, Box 147 ::n c•,n,°,e.". ,L. ,_..i:::t I
Chanhassen, Minnesota 55317 :)-6-17
RE: Oakview Heights Townhomes
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Dear Don:
Enclosed please find Findings of Fact and Decision
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concerning the application of Cenvesco, Inc. for rezoning.
Very - , , I
RAN S, GRANNI , FARRELL
& 41 UT •► •.A.
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:Y:
Roger N. Knutson
IRNK:srn
Enclosure
cc: Jo Ann Olsen
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JUN 19 1989 •
,:I r OF CHANHASSI
.
IN
' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' IN RE:
' Application of Cenvesco, Inc. FINDINGS OF FACT
for Rezoning AND DECISION
On June 12, 1989, the Chanhassen Cit y Council met at its
' regularly scheduled meeting to consider the Application of
Cenvesco, Inc. for rezoning property from "R-12" High Density
' Residential to Planned Unit Development. The Planning Commission
' has reviewed the proposal. The City Council now makes the
following:
' FINDINGS OF FACT
1. The property is currently zoned "R-12" High Density
' Residential.
2 . The legal description of the property is attached
hereto as Exhibit "A".
' 3 . Section 20-501 of the Zoning Ordinance directs
consideration of six (6) factors in considering a rezoning to
Planned Unit Development. The six (6) factors and our findings
regarding them are:
' a) . Variety. Within a comprehensive site design
concept a mixture of land uses, housing types, and
' densities.
The proposal does not have a mix of land uses,
housing types, or densities. The proposal is for 132
townhomes.
b) . Sensitivity. Through the departure from the
strict application of required setbacks, yard areas, lot
sizes, and other minimum requirements, and performance
standards associated with traditional zoning, planned
unit developments can maximize the development potential
of land while remaining sensitive to its unique and '
valuable natural characteristics.
The proposal does not provide added protection to the
environment. The proposal would eliminate many mature
oak trees.
c) . Efficiency. The more efficient use of land and !
public services, consolidation of areas for recreation,
reductions in street lengths, and other utility related
expenses.
The high density of the proposal would result in
certain cost savings for providing utilities and the !
like.
d) . Density. An increase/transfer for density may
be allowed at the sole discretion of the city utilizing
the following factors:
(1) The area where the density is transferred
must be within the project area and owned by the
proponent.
(2) Density transfer in single family detached !
area will be evaluated using the items listed in
Section 20-504, subsection (b) . Density transfer
eligible for multiple family areas are not permitted
to be applied to single family areas.
(3) Density transfer for other projects other !
than single family detached development shall be
evaluated based on the standards in Section 20-504,
subsection (c) .
(4) In no case shall the overall density of the
development exceed the gross density ranges
identified in the comprehensive plan.
Increased density is not warranted because the
proposal does not create sufficient open space to
warrant the high density.
e) . District Integration. The combination of uses
which are allowed in separate zoning districts, such as:
(1) Mixed residential allowing both densities
and unit types to be varied within the project. '
(2) Mixed residential with increased density
acknowledging the greater sensitivity of PUD
projects.
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(3) Mixed land uses with the integration of
compatible land uses within the project.
' Mixed uses are not proposed.
f) . Parks and Open Space. The creation of public
' open space may be required by the City. Such parks and
open space shall be consistent with the comprehensive
plan and overall trail plan.
' The proposal does not create sufficient parks and
open space to accommodate the number of people the
project would house.
4. The proposal would not create a higher quality
development than allowed under the current "R-12" zoning. The
proposal does not meet the density and limitations on impervious
surfaces required in the "R-12" district and does not provide
offsetting amenities to make up for these deficiencies.
' 5. The current zoning provides a viable economic use of
' the property.
6. The planning report dated May 17, 1989, including
' attachments, and the Planning Commission minutes at which the
proposal was reviewed are incorporated herein by reference.
' DECISION
' The proposal to rezone the subject property to Planned
Unit Development is denied.
'
this ADOPTED by the City Council of the City of Chanhassen
day of , 1989 .
' CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
ATTEST:
Don Ashworth, City Manager
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