Attachment 12. Findings of Fact CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Landform Professional Services LLC — Planning Case No. 2017-10,
Avienda
Request for Preliminary Plat creating 17 lots, 3 outlots and dedication of public right-of-
way for public streets(115.519 acres); and a Rezoning of 115.519 acres of property zoned
Agricultural Estate District, A2, to Planned Unit Development-Regional Commercial District
(PUD-RC)including Exhibit A Avienda Design Standards; and Conditional Use Permit to
encroach into the primary zone and required buffer for development in the Bluff Creek Corridor;
Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts and a Variance as
shown in plans dated April 14, 2017, and June 13, 2017, to request to construct into the primary
zone and required buffer for development in the Bluff Creek Corridor located at the southwest
corner of Powers Boulevard and Lyman Boulevard.
On May 16 and June 6, and June 20, 2017 the Chanhassen Planning Commission met at
its regularly scheduled meeting to consider the application of Landform Professional Services
LLC, for a Preliminary Plat,Rezoning to Planned Unit Development-Regional Commercial
(PUD-RC),Wetland Alteration Permit, Conditional Use Permit and Variances. The Planning
Commission conducted public hearings on the proposed development 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 District.
2. The property is guided in the Land Use Plan for Office or Regional Commercial
3. The legal description of the property is:
See Exhibit A.
4. SUBDIVISION
The findings necessary for city council approval of the preliminary plat and the final plat shall be
as follows:
a. The proposed subdivision is consistent with the zoning ordinance;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
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c. The physical characteristics of the site,including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and
stormwater drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record;
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1. Lack of adequate stormwater drainage.
2. Lack of dedicated and improved public streets.
3. Lack of adequate sanitary sewer systems or no ISTS (individual sewer treatment
system).
4. Lack of adequate off-site public improvements or support systems.
5. CONDITIONAL USE PERMIT
When approving a conditional use permit,the planning commission shall recommend a
conditional use permit and the council shall issue such conditional use permits only if it finds
that such use at the proposed location:
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and services, including
streets,police and fire protection, drainage structures,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.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
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g. 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 traffic, noise, smoke, fumes, glare, odors,
rodents or trash.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
6.WETLAND ALTERATION PERMIT
When a wetland alteration permit is issued allowing wetland alteration, the following standards
shall be followed:
a. The alteration will not have a net adverse effect on the ecological and
hydrological characteristics of remaining wetland.
b. It shall be located as to minimize the impact on vegetation.
c. It shall not adversely change water flow.
d. The size of the altered area shall be limited to the minimum required for the
proposed action.
e. The disposal of any excess material is prohibited within remaining wetland areas.
f. The disposal of any excess material shall include proper erosion control and
nutrient retention measures.
g. Alterations to any wetland area are prohibited during waterfowl breeding season
or fish spawning season,unless it is determined by the city that the wetland is not
used for waterfowl breeding or fish spawning.
h. Alterations to wetland areas shall be mitigated in accordance with the
requirements of this article if the activity results in a loss of wetland area and/or
function and value of the wetland.
i. Dedicated buffers in accordance with section 20-411.
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7. VARIANCE
A variance may be granted if all of the following criteria are met:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of this chapter and when the variances are consistent with the
comprehensive plan.
b. When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this chapter. Practical difficulties include,but are not limited to,
inadequate access to direct sunlight for solar energy systems.
c. That the purpose of the variation is not based upon economic considerations alone.
d. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
e. The variance, if granted, will not alter the essential character of the locality.
f Variances shall be granted for earth-sheltered construction as defined in M.S. §
216C.06, subd. 14, when in harmony with this chapter.
8. REZONING
The Zoning Ordinance directs the Planning Commission to consider six(6)possible adverse
effects of the proposed amendment. The six (6) effects and our findings regarding them are:
a. The proposed zoning has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
b. The proposed zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
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f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
9. The planning report#17-10 dated May 16 and June 6th, 2017, and June 20, 2017 prepared
by Kate Aanenson, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed
development including a Preliminary Plat creating 17 lots, 3 outlots and right-of-way for public
streets (approximately 115 acres); Rezoning of property to Planned Unit Development—Regional
Commercial, PUD-RC; a Wetland Alteration Permit for the grading and filling of wetlands; and
Conditional Use Permit for development within the Bluff Creek Overlay District, and deny the
Variance for encroachment and construction in the Bluff Creek Primary Zone for the construction
of the development; as shown in plans dated April 14, 2017 and June 13, 2017.
ADOPTED by the Chanhassen Planning Commission this 20th day of June, 2017.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
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