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CC Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Market Street Station requesting Preliminary Plat and Site Plan Review. On February 20, 2024, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Market Street Station for preliminary plat, build to zone variance, and site plan review. The Planning Commission conducted a public hearing on the proposed preliminary plat, build to zone variance, and site plan review was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and approved the requested build to zone variance and recommended approval of the preliminary plat, and site plan review based upon the city ordinances in effect at the time. On March 11, 2024, the Chanhassen City Council met at its scheduled meeting to consider the applications referenced above and tabled the applications to April 15th, 2024 and requested work session meetings to refine the project architecture to be held on March 18th, 2024 and March 25, 2024. On April 15th, 2024, the Chanhassen City Council met at its regularly scheduled meeting to consider the applications referenced above and makes the following: FINDINGS OF FACT 1. On January 19, 2024, the City received a land use application for property legally described as Lot 1, Block 1, Bloomberg 2nd Addition, except that part contained within the plat of Frontier Cinema Addition, and Lot 1 Block 1, Bloomberg Addition and Outlots A and B, Bloomberg Addition, and Lot 2 Block 1, Bloomberg 2nd Addition, Except the west 90.00 feet of the south 13.50 feet thereof; and further excepting the East 60.00 feet of the West 150.00 feet of the South 3.50 feet thereof, and Lot 1 Block 1, Frontier Cinema Addition, and a portion of Lot 1 Block 1 Market Street Station (“Property”) for the following: A. A variance to the required build to zone for the western most building. B. A preliminary plat application for a 2 lot subdivision for Market Street Station; C. A site plan review for the construction of two vertical mixed use buildings prepared by ESG Architecture & Design, and Kimley Horn dated January 19, 2024 2. The property is currently zoned Central Business District. 3. The property is guided by the Land Use Plan for Commercial; Central Business District Category. Preliminary Plat Request 5. The subdivision ordinance directs the City to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance including the Central Business District lot standards; Finding: The proposed subdivision proposes lots which adheres to the minimum requirements required by the Central Business District zoning standards. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision as shown complies with the city’s comprehensive plan as well as applicable city plans 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; Finding: Based upon plans submitted to the city, the site characteristics including but not limited to topography, soils, vegetation, erosion and flooding susceptibility 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 the subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19; Finding: The subdivision as proposed has adequate provisions for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by chapter 18, subdivision ordinance, and Water, Sewers, and Sewage Disposal outlined in chapter 19. e. The proposed subdivision will not cause significant environmental damage; Finding: The proposed subdivision will not have adverse impacts causing significant environmental damage. f. The proposed subdivision will not conflict with easements of record; and Finding: The proposed subdivision does not create conflicts with existing easements of record. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: i. Lack of adequate stormwater drainage, which are available and being installed with the development. ii. Lack of adequate roads. Access is to an existing, collector public street iii. Lack of adequate sanitary sewer systems, which is available to the development. iv. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is not premature as it provides adequate stormwater drainage, adequate accessibility and availability of roads and sanitary sewer systems to the development as well as off-site support systems. Site Plan Request 6. Applicant has requested approval of the site plan dated January 19, 2024 prepared by Kimley Horn and ESG Architecture & Design. 7. The zoning ordinance directs the City to consider nine possible adverse effects of the proposed site plan. The nine (9) effects and our findings regarding them are: 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. Finding: The site plan is consistent with the elements and objectives of the city's development guides, comprehensive plan, and official road mapping. b) Is consistent with the site plan review requirements. Finding: The site plan is consistent with the site plan review requirements. c) Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas. Finding: The existing site is not in a natural state currently that requires preservation as it is currently a fully developed site consisting of multiple commercial businesses and associated parking lots. d) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development. Finding: The proposed design creates a harmonious relationship between existing buildings that shall remain, natural site features, and proposed landscaping. 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; ii. The amount and location of open space and landscaping; iii. 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 iv. 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 of pedestrian and vehicular traffic and arrangement and amount of parking. Finding: The proposed site plan does create an internal sense of order for the buildings and uses on the site through the balance of landscaping, material applications, and circulation for pedestrians and vehicles. 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. Finding: The site plan as proposed does protect adjacent and neighboring properties for surface water drainage, sound and sight buffers, preservation of views, light and air that could have substantial effects on neighboring land uses. g) Within the Highway Corridor (HC) districts, consistency with the purpose, intent and standards of the HC districts. Finding: The proposed site plan is not within the Highway Corridor District. h) Within the Bluff Creek Overlay (BCO) district, consistency with the purpose, intent and standards of the BCO district. Finding: The proposed site plan is not within the Bluff Creek Overlay District. i) Maintain an acceptable road system level of service. Finding: The proposed plan does not affect the road system level of service and internally in the site improves upon items that could affect the road system, such as parking and pedestrian circulation. 8. The staff report presented to City Council on April 15th, 2024, and prepared by Eric Maass is incorporated herein. DECISION The City Council approves the proposed rezoning, preliminary plat, and site plan review based on the findings of fact included herein, and subject to the conditions of the staff report. ADOPTED by the Chanhassen City Council this _____ day of _____________, 202_. CHANHASSEN CITY COUNCIL BY:___________________________________ Its Mayor BY:_ __________________________________ Its City Manager