Findings of Fact and Recommendation
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of United Properties, LLC, and Timothy & Dawne Erhart for the following:
. Conditional Use Permit with Variances for development in the Bluff Creek Corridor;
. Rezoning from Agricultural Estate District, A2, to Office & Institutional, 01;
. Subdivision into one lot, two outlots and dedication of public right-of-way;
. Site Plan Review with Variances for Powers Crossing Professional Center, a two-phase,
three-story, 160,000 square-foot medical center, and a 731-stall, five-level parking ramp;
and
. Sign Variance
On May 5,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of United Properties, LLC, and Timothy & Dawne Erhart for Powers
Crossing Professional Center - Planning Case 09-06. The Planning Commission conducted a
public hearing on the proposed subdivision 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.
2. The property is guided in the Land Use Plan for Residential - Low Density uses.
3. The legal description of the property is Outlot A, Butternut Ridge Addition, Carver County,
Minnesota.
4. Rezoning:
a. The proposed action 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 use is compatible with the present and future land uses of the area.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance with the granting of a variance for the setbacks and building height.
d. The proposed use will not tend to or actually depreciate the area in which it is proposed.
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e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use is within capabilities of streets serving the
property, subject to the installation of the turn lanes and traffic signal.
5. Conditional Use Permits:
a. The proposed use will not be detrimental to the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. The proposed use will be consistent with the objectives of the city's comprehensive plan
and the zoning ordinance.
c. The proposed use 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. The proposed use will not be hazardous or disturbing to existing or planned neighboring
uses.
e. The proposed use 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. The proposed use will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community.
g. The proposed use 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.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
1. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
J. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
6. 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;
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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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; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate storm water drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
7. Site Plan:
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;
b. The proposed development 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 areas;
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;
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;
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 of pedestrian 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.
8. Variances:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Due to the topography of the site, the construction of
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the storm water pond in the primary zone is a reasonable request. The need for the variances
is due to the type and function of building. This site is intended as a gateway location for
the City. As such, it requires a significant site presence. To do this with a one or two
story structure would not provide the same impact as a taller building and would require
even greater encroachment in to the Bluff Creek Primary zone.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification because of the site location and
prominence as well as the topography of the property.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land, but to permit an appropriate scale development due to site
location and prominence and to locate the storm water pond in a logical location on the site.
d. The alleged difficulty or hardship is not a self-created hardship, but is due to site
topography, site location and prominence.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
9. The City Council, upon the recommendation of the Planning Commission, may grant a variance
from the requirement of the sign ordinance where it is shown that by reason of topography or
other conditions, strict compliance with the requirements of this ordinance would cause a
hardship; provided that a variance maybe granted only if the variance does not adversely affect
the spirit or intent of this ordinance. The need for the variance is because this site is intended as
a gateway for the City. As such, it requires a significant site presence including signage that
is more consistent with its highway entrance location.
10. The planning report #09-06, dated May 5, 2009, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Conditional
Use Permit with Variances, Rezoning of Lot 1, Block 1, from Agricultural Estate District, A2, to
Office and Institutional District, 01, Preliminary Plat approval, Site Plan Approval with
Variances, and Sign Variance for the Powers Crossing Professional Center project - Planning
Case 09-06.
ADOPTED by the Chanhassen Planning Commission this 5th day of May, 2009.
CH/S~)LANNING COMMISSION
BY: ..~~~"
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/ Its Chairman
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