10-12 Findings of Fact CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of US Home Corporation — Planning Case No. 10 -12, Lakeview
Development
Request for Preliminary Plat creating 66 lots, 4 outlots and right -of -way for public streets (50.48
acres); and a Rezoning of 50.48 acres of property zoned RSF, Single Family Residential District,
and R -4 Mixed Low - Density Residential, to RLM, Residential Low and Medium Density District
located northwest of the intersection of Lyman Blvd. and Lake Riley Blvd. and south of Highway
212.
On December 7, 2010, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of US Home Corporation for a single- family residential
development. The Planning Commission conducted a public hearing on the proposed
development 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 RSF, Single Family Residential District and R4, Mixed Low
Density Residential District.
2. The property is guided in the Land Use Plan for Residential — Low Density
3. The legal description of the property is described on the attached Exhibit A.
4. Subdivision Findings:
a. The proposed subdivision is consistent with the zoning ordinance; the subdivision meets
all the requirements of the RLM, Residential Low and Medium Density and the
Shoreland Overlay District with the exception of Lots 1 and 2, Block 4, which are
deficient in width. This can be easily corrected by shifting some property lines.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan; the proposed subdivision is
consistent with the subdivision ordinance.
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; the proposed site is suitable
for development subject to the conditions specified in this report.
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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; the proposed subdivision is served by adequate urban infrastructure.
e. The proposed subdivision will not cause environmental damage; the proposed
subdivision will not cause excessive environmental damage subject to conditions of
approval. The proposed subdivision contains adequate open areas to accommodate house
pads. The wetland is proposed to be protected.
f. The proposed subdivision will not conflict with easements of record, but rather will
expand and provide all necessary easements.
g. The proposed subdivision is not premature. It will have access to public utilities and
streets.
5. Rezoning Findings:
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
effects of the proposed amendment. The six (6) effects and our findings regarding them are:
a. The proposed zoning 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 zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
6. The planning report #10 -12 dated December 7, 2010, prepared by Sharmeen Al -Jaff etal, is
incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed development
including a Preliminary Plat creating 66 lots, 4 outlots and right -of -way for public streets (50.48
acres); and Rezoning of 50.48 acres of property zoned RSF, Single Family Residential District,
and R -4 Mixed Low - Density Residential, to RLM, Residential Low and Medium Density District.
ADOPTED by the Chanhassen Planning Commission this 7 day of December, 2010.
CHANHASSEN PLANNING COMMISSION
BY: 4-tc_.....; //1-01
Its Chairman
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EXHIBIT A
Legal Description for Preliminary Plot Purposes Only
All that part of Government Lot 2 and the Northwest Quarter of the Northeast Quarter of Section 24, Township 116,
Range 23, Carver County, Minnesota, lying south of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT
NO. 10 -17, according to the recorded plot thereof, said Carver County and lying northerly of the centerline of Lyman
Boulevard per Doc. No. T90333 and 189939. Said centerline is described as follows:
Beginning at the west quarter corner of said Section 24; thence South 89 degrees 08 minutes 52 seconds East, where
the east —west 'quarter line bears South 89 degrees 47 minutes 54 seconds East, o distance of 2186.62 feet; thence
easterly, o distance of 28.00 feet, along a tangential curve, concave to the north, having o radius of 800.00 feet and
a central angle of 02 degrees 00 minutes 19 seconds; thence North 88 decrees 50 minutes 49 seconds East, a
distance of 629.36 feet; thence easterly, a distance of 11.92 feet, along a tangential curve, concave to the south,
having a radius of 800.00 feet and a central angle of 00 degrees 51 minutes 14 seconds; thence North 89 degrees 42
minutes 03 seconds East, a distance of 592.50 feet; thence northeasterly, a distance of 550.91 feet, along a
tangential curve, concave to the northwest, having a radius of 450.00 feet and a central angle of 70 degrees 08
minutes 38 seconds; thence North 19 degrees 33 minutes 26 seconds East, a distance of 149.08 feet; thence
northeasterly, easterly and southeasterly, a distance of 954.67 feet, along a tangential curve, concave to the south,
having a radius of 510.00 feet and a central angle of 107 degrees 15 minutes 06 seconds and there terminating.
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