24-16 Signed Findings of Fact PCCIl'\'OF CHANHASSEN
CARVER AND HENNEPIN C()UNTIES, MINNESoTA
FINDINGS ()IT FA(]-[
AND RE('ONI]\{]]NDAI'ION
IN IIF
Application ofOpen Hands Foundation for a (londitional Usc Pcrnrit approval for a Group Home
lirr 7 to 16 persons Planning Case 202.1-16.
on Septembcr 17 .2024. the Chanhassen Plannrng Commission mel at its regularly scheduled
meeting to consider thc application ofOpen llands Foundation fbr a Conditional Usc Pcnrit antl
Site Plan approval for the property legally described as follorvs: Commencing al lhe soulheast
comer of the Northu,est Quarter of thc Southu'est Quarter (NW % of SW %) of Scction 9, Township
ll6 Nor1h. Range 23 West: Ihence 225 l-eet West to a point: thence 90 degrees Norlh fbr a distance of
300 fccl b a point: thcncc 90 dcgrecs Easl for a distance of225 fccl to a poinl; thencc 90 dcgrees
South lbr a tlistance ol'300 l'ect to the point o1'beginning.
The Planning Clommission conducted a public hearing on the proposed conditional use and site
plan that rvas precedcd by published and mailed notice. The Planning ('onrnrission heard testintonl'
liom all interesled persons wishing to speak and now ntakes lhe lirllowing lindings:
L Permit. On August 8, 2024, thc city receivcd a completed land use application for lhc
property legally described above ("Property"), requesting a condilional use perrnil for a
Group Home on the Propeny.
2. Propert]'. The Property is currently zoned Rural Residcntial (RR). The Propeny is guided by
the 2040 Land Use Plan lirr Low Density Residential. Group Ilomes uith a capacily up to l6
persons are considered a ('onditional Use within the Rural Residential (RR) zoning district.
3. Conditions. The permit is issued subject to the following conditions:
Plannine
l. The project shall cornply with the requirements in SECTION 20-261. GROUP HOMES
of the Zoning Ordinance.
2. The group home shall be linited to a maximum occupancy ofeight persons.
3. The applicanl must complete a lot line adjustment so that all inlprovenlents associated
rvith I Iope llouse exist on the sanrc propeny. locatcd at 301 0 W 78'l' Strcct, Chanhasscn,
MN prior to the conditional use penttit being recortled.
TINDINGS ()F FAC'I'
4. The applicant must subnrit a copy oftheir updated state group home license to thc citv
once it is received.
5. The Sitc Developrrent Summary rnust bc updated to show standards for Chanhassen City
Clode and the Rural Residential zoning district.
6. Additional lighting locations as well as thc proposed lighting stylcs and a pholometric
plan must be provided for the entire site and exterior lighting shall be requrred to have
cut-off angle of no greater than 90 degrees.
Forestry
Applicant nrust update the tree inventory to reflect rvhich trees wrll be removed and
rvhich trees will bc sa'r,ed.
2. Applicant rnust install tree protection fencing outside of the dripline of trees that are to be
preserved prior to construction. Silt fencing should not be installed within the dripline of
preserved trees wherever possible.
3. Applicant must include buffer yard calculations in accordance u'ith Chapter 20 Sec 20-
I 176 on lhe landscape plan.
4. Applicant must update the plant schedule to reflect city diversity requirements where no
more than ten percent of the trees may be from any one tree species, no ntore than 20
percent of the trees may be from any one genus. and no more than 30 percent of trees
from any one family.
5. Applicant musl update the landscape legend to indicate u'hich species are being planted
in which location.
6. Applicant must update the Iandscape summary to include the canopy coverage that is
being preserved and update the number of trees provided to nratch the number of trees in
the plant schedule.
I-lnginccrirr
l. The developer shall enter into a site plan agreenrent u'ith the city and provide necessar)'
financial security to guarantee cornpliancc u'ith thL' tenrs of sitc plan approval.
2. The developer shall enter into encroachment agrcements lbr all cxisting and proposed
improvements located in public easements. The encroachmenl agreements shall be
rccorded prior to or concurrently with thc site plan agreemelrt.
Waler Resources
It is the dcveloper's responsibility (o ensure thal pemrils are received fiont all olhcr
agencies rvrth jurisdiction over lhe projecl (i.e. Carver f'ounty. M('WD. Board of Water
and Soil Resources. MnI)O! etc.) prior to tlre cornmencentent of constnlction activities
2
2. Thc dcvelopcr and their Enginccr shall work with city staffin amending thc construction
plans. dated August 29, 2024 prepared by David Bade, PE rvith Westwood Professional
Scrvicos. lnc., to fully satisfv construction plan comments and concems. Final
construction plans $ ill be subject to revie\\, and approval by staffprior to recordtng ofthe
sitc plan agrecnrcnt.
-1. \\/atcr quality modcling shall be provided to confirm the site meets the city's water
quality requirernents o1'60% TP and 900,i, TSS removal. Water quality nrodeling shall be
approvcd b1, staff prior to rccording of the sitc plan agreement
4. The applicant shall update rnodeling per cit-v and any u,atershed district comments and
subnrit updated computations and models in their native forms u,ith the final site plan
subniittal and final conslruction plans. Any future submittals shall receive conditional
approval fiom the watershed district pnor to city staffrevieu.
5. l'hc- applicant shall update the design and SWMP to meet city's freeboard requirement.
Freeboard requiremenls shall be approved by staff prior to recording of the site plan
agreenrent.
6. An Opcralions and Maintenance plan for all proposed BMPs and private stormwater
infrastructure including the inspection frequency, maintenance schedule, and responsible
parly shall be submitted for revicw. A slaff-approved stormwater Opcrations and
Mainlenance Agreement shall be recorded concurrently with the site plan agreenren(.
Buildins
l. A huilding pcnnit nlusl lrc obtaincd bclbrc hcginning any constructiotl
2. Iluilding nrust compll,u,ith Statc of Minncsota standards for group hornes
F irc
l. The new addrtion and original home rvill need to have a full fire sprinkler system
installed.
2. Will also require a full fire alarm system.
3. Drivervay u,ill need to be able to support our heaviest fire apparatus.
4. Atumaround will need to be provided forour largest fire apparatus (ladder truck)
5. A tum radius study is to be completed for our largest fire apparatus (ladder truck)
6. Will need to add a lire lock box lo building (Knox Box).
4. -I'ernrination of Permit. Thc cit-v may revoke thc permit lbllowing a public hearing tor
liolation olthc tenls of this permit. The city may institute any proper action or proceeding al
lan' or al equity to prevcnl violations o{'the rvilhin property, to restrain or abate violations o1-
lhe wilhin penrit, or to prevent use or occupancy olthe Subject Property.
5. Lapse. lf within one ycar of thc issuance of this perniit thc authorizcd construction llas not
bccn substantially cornplcted or the use comnrcnced. this pcrmrt shall lapsc, unless an
cxtension is granted in accordance with the Chanhassen Zoning Ordinance.
(r. (.rinrinal Penalty. Violation of thc- tenns of'this conditional use pcrrnit is a crinrinal
nrisdcntcanor.
RE('O]\I }I I]NDA'I'I ON
The I'lanning Commission recorlnrends that the City Council approvcs thc proposcd
conditional use pennit based on the findings of l'act included herein. and subject to the conditrons
of the staff report.
ADOPTED by the Chanhassen Citl,Council tlis l,1 a^y t ?PkAh+,ZoZ!
(.IIAN}IASS PLANNINC T'OMMISSION
Il\':
Its Cha r
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