Signed Findings of Fact Avienda RowhomesCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
IN RE
Application of Level 7 Development, LLC for Subdivision, Site Plan Review and Easement
Vacation.
On July 17,2023, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application by Level 7 Development LLC for preliminary plat subdivision
approval for 53 row home lots and two outs lots, as well as site plan review for the proposed
rowhome development located generally south of Lyman Blvd and west of Powers Blvd. The
Planning Commission conducted a public hearing on the proposed preliminary plat, site plan, and
easement vacation which was preceded by published and mailed notices. The Planning Commission
heard testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
I The property is currently zoned Planned Unit Development Regional Commercial Avienda,
PUDRC.
2. The property is guided by the Land Use Plan for Office/Commercial Mixed Use
3. The legal description of the property is: Outlot D, Avienda
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse
affects of the proposed subdivision. The seven (7) affects and our findings regarding them are:
a. The proposed subdivision is consistent with the zoning ordinance including the Planned Unit
Development Regional Commercial Avienda (PUDRC) district regulations;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
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FINDINGS OF FACT
AND RECOMMENDATION
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d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage
disposal, streets, erosion control and all other improvements required by the subdivision
ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19;
g. The proposed subdivision is not premature. A subdivision is premature if any of the following
exists:
1) Lack of adequate stormwater drainage, which are available and being installed with
the development.
2) Lack of adequate roads. Access is to an existing, collector public street
3) Lack of adequate sanitary sewer systems, which is available to the development.
4) Lack of adequate off-site public improvements or support systems.
Site Plan:
a) Is consistent with the elements and objectives of the city's development guides, including the
comprehensive plan, official road mapping, and other plans that may be adopted;
b) Is consistent with the requirements of Chapter 20, Article II, Division 6, Site Plan;
c) Preserves the site in keeping with the general appearance of the neighboring developed or
developing areas;
d) Creates a harmonious relationship of building and open space with natural site features and
with existing and future buildings having a visual relationship to the development;
e) Creates a functional and harmonious design for structures and site features, with special
attention to the following:
I ) An internal sense of order for the buildings and use on the site and provision of a desirable
environment for occupants, visitors and general community;
2) The amount and location of open space and landscaping;
3) Materials, textures, colors and details of construction as an expression of the design concept
and the compatibility of the same with adjacent and neighboring structures and uses;
and
4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in
terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation ofpedestrian and
vehicular traffic and arrangement and amount of parking.
f) Protects adjacent and neighboring properties through reasonable provision for surface water
drainage, sound and sight buffers, preservation of views, light and air and those aspects of
design not adequately covered by other regulations which may have substantial effects on
neighboring land uses.
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e. The proposed subdivision will not cause significant environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
The planning report #2023-lO dated June 12, 2023, prepared by Eric Maass and engineering and
water resources report dated July 6, 2023, prepared by Erik Henricksen and Joe Seidl is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the preliminary plat
subdivision, site plan and easement vacation subject to the conditions of the planning report.
ADOPTED by the Chanhassen Planning Commission this I 8 0",of J q\ c,Lc)
2023
CHANHAS SEN PLANNING COMMIS SION
BY:
Its
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