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Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #11 -02 h , Application of the City of Chanhassen to rezone Parcels 1, 2 and 3 and amend the Ches Mar Farm/Ches Mar Farm 2 Addition /Ches Mar Trails Planned Unit Development. On January 4, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning of property from Rural Residential (RR) to Planned Unit Development (PUD). The Planning Commission conducted a public hearing on the proposed rezoning 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. Lot 1 Block 1, Ches Mar Farm 2nd Addition ( "Parcel 1 ") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 2. The property in the plat of Ches Mar Trails ( "Parcel 2 ") is currently zoned Rural Residential (RR). 3. The property in the plat of Ches Mar Farm ( "Parcel 3 ") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 4. The properties are guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. 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; including, land use guide of Residential Low - Density. 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, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f) Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning is consistent with the guidelines outlined within the comprehensive plan, including land use guide of Residential Low - Density. 7. The planning report #11 -02 dated January 4, 2011, prepared by Angie Kairies is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: 1. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 1, Parcel 2, and Parcel 3 to Planned Unit Development (PUD). ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2011. CHANHASSEN PLANNING COMMISSION Its Chairman 2