08-02 Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDA TION
INRE:
Application of Kraus Anderson for Conditional Use Permit and Site Plan Review
Approval for a 1,650 square-foot, one-story, stand-alone restaurant building in the
Central Business District (CBD).
On February 19,2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Kraus Anderson for a conditional use
permit and site plan review for the property located at 7851 Market Boulevard, Lot 1
Block 1, Market Street Station. The Planning Commission conducted a public hearing on
the proposed site plan which was 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 Central Business District (CBD).
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is: Lot 1, Block 1, Market Street Station.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The site is part of the Market Street Station development, and was
conceptually approved in 2003. The plan complies with Chanhassen City Code
and will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
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.
Finding: The site meets the zoning district requirements and the design standards
of the Market Street Station development. The building will be constructed of the
same building materials and will be architecturally compatible with the
development.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are zoned for commercial use. The site was
conceptually approved with the Market Street Station development in 2003.
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.
Finding: The site is currently serviced by municipal services, which are adequate
for the proposed development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
compliment the commercial uses in the area.
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 because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The use is consistent with the standards of the Central Business District
as well as the Market Street Station development standards and will not be
detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Phase I of Market Street Station at which time the overall
vehicular circulation was evaluated and approved.
2
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The site is consistent with the design standards for Market Street
Station. There is adequate separation provided from the nearest use.
J. Will be aesthetically compatible with the area.
Finding: The proposed use and architectural design compliments the surrounding
architecture and will be compatible with the development and surrounding area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values and shall
enhance the economic activity of the area.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Central Business District and other
zoning requirements.
5. Site Plan Findings:
a. The proposed development 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 is consistent with the City's development guides and
comprehensive plan. The site is part of the Market Street Station development
approved in 2003.
b. The proposed development is consistent with the site plan review requirements;
Finding: The site is consistent with the site plan review requirements.
c. The proposed development 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: Three trees are proposed to be removed along Market Boulevard to
improve visibility and are to be replaced on the subject site. The site was rough
graded during previous construction within the development. There will be
minimal disturbance to the surrounding area.
3
d. The proposed development 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;
Finding: The site was approved conceptually in 2003 with Phase I of Market
Street Station. The design standards and building materials reflect that of the
existing building in the development.
e. The proposed development creates a functional and harmonious design for
structures and site features, with special attention to the following:
1) 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;
Finding: Market Street Station was approved in 2003, at which time the buildings
and parking layout were developed creating a sense of order throughout the
development.
2) The amount and location of open space and landscaping;
Finding: The site will be landscaped, including the landscaping islands in the
parking lot. An outdoor dining and seating area is located to the east of the
building
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
Finding: The site was approved conceptually in 2003 with Phase I of Market
Street Station. The design standards and building materials reflect that of the
existing building in the development.
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 of pedestrian and vehicular traffic and arrangement and amount of
parking.
Finding: The site includes sidewalks which connect with existing internal
sidewalks, as well as the public sidewalk along Market Boulevard. Traffic
circulation was evaluated and approved as part of the overall development plan
reVIew.
5) Protects adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light
4
and air and those aspects of design not adequately covered by other
regulations which may have substantial effects on neighboring land uses.
Finding: Sanitary sewer and water service stubs to service the site were installed
with Phase I of the Market Street Station development. The site is part of Market
Street Station and is consistent with all design standards.
6. The planning report, Planning Case #08-02 dated February 19,2008, prepared by
Angie Auseth, et aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve Planning Case
#08-02 for a conditional use permit and site plan review.
ADOPTED by the Chanhassen Planning Commission this 19th day of February,
2008.
5