Findings of Fact and Recommendation
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Eden Trace Corp. and Chanhassen Business Center LLP for an amendment to the
Chanhassen Business Center PUD to permit the subdivision of the property; and the Subdivision
of property into two lots.
On July 21,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Eden Trace Corp. and Chanhassen Business Center LLP for a
minor PUD amendment and the subdivision of a property into two lots. The Planning
Commission conducted a public hearing on the proposed amendment and 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 Planned Unit Development, PUD, light industrial/office park.
2. The property is guided in the Land Use Plan for Office/Industrial uses.
3. The legal description of the property is Lot 2, Block 1, Chanhassen Business Center 4th
Addition.
4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
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.
Finding: The amendment permitting the subdivision is consistent with the
Comprehensive Plan.
b. The proposed use is or will be compatible with the present and future land uses of the
area.
Finding: The proposed use is compatible with the present and future land uses of the
area through the implementation of the design standards.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
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Finding: The proposed use conforms with all performance standards contained in the
PUD standards and the City Zoning Code.
d. The proposed use will not tend to or actually depreciate the area in which it is proposed.
Finding: The proposed use will not change. The platting of the property will only
impact ownership and conveyance.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
Finding: The proposed use is 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.
Finding: Based upon traffic studies conducted by the applicant's traffic engineer, at the
time of the original approval for Chanhassen Business Center, traffic generation by the
proposed use is within capabilities of streets serving the property.
5. 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 and the PUD standards for
Chanhassen Business Center;
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;
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:
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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.
6. The planning report #09-08, dated August 21,2009, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Planned Unit
Development amendment permitting the subdivision of the property and the Subdivision of
property into two lots.
ADOPTED by the Chanhassen Planning Commission this 21st day of August, 2009.
CHANHASSEN PLANNING COMMISSION
BY:~
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