Loading...
Findings of Fact and RecommendationI3 -o-1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IILLM Application of Oppidan, Inc. to Rezone approximately 14 acres from Agricultural Estate (A -2) to Planned Unit Development - Residential (PUD -R); Site Plan Review with Variances for a 155 - unit Apartment Building; and a Land Use Map Amendment from Residential -Low Density and Office, to Residential -Low and High Density and Office and Residential -High Density. On April 16, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Oppidan, Inc. to rezone approximately 14 acres from Agricultural Estate (A -2) to Planned Unit Development - Residential (PUD -R); Site Plan Review with Variances for a 155 -unit Apartment Building; and a Land Use Map Amendment from Residential -Low Density and Office, to Residential -Low and High Density and Office and Residential -High Density. 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 The property is currently zoned Agricultural Estate District, A -2. The property is guided in the Land Use Plan for Residential -Low Density and Office. The legal description of the property is: That port of the Sodthwc,f Quarter u' :he Seathwes: Quarb.:r of Sc:tior, 10, Township 116, Range Z? .ird the Serh wee' Qrtor±er of fl-e %or.hwest Cuar`.er of `ecticr 1.,, Township 116, Rarge 23, J:x er Cc jr-, Virresota, described as follows: 8, -:hrrh at -ho 'I %,,, ' .arrer of said Section 10, It.r, =e or a a >- �sir-cd bearing of tiarth d_,r _Jr riaatu 43 _cr�ds heat along the West lire o' soil F _.r chat_`. Quarter, a distance of ij2f, n�; fl-ence South /9 degrees 32 rniri -e. -,.ends East, a distance of '77,7,' fcc,,; theree Sou +F f', degrees 32 minutes 20 securdc C� t a dls -,arce of 100.44 feet; H,r -:. 7outF. 78 d grere 7.^ minute- z0 seconds Eas', n di -or ^.f .'4.'4 feet; thence Sc -nth 74 degrees r it i- i0 = .::nn'1.; Eos:, a di -anof i - , t; thence South 47 de':n +•- 7 rrfnutns 20 - .cond, Ea -, n distance of 7:5.4.5 ,it - r -c Nor -.h °' degrees 42 mir ties 4C record- Lci_t, a di -orra o` r4.58 feet- th nze - j.1 _'earees '7 minutes 20 seconds East, a di, c' 1 7, .2 'e =.t; dierce °cuth bd dears I I ' rain ��ies 20 seconds East, a distance of 164.E i t; `h _nr >- nth r. d -:r -- 1 / r.lr r ^s 4 conds Vest, a distance of 824.'0 gtet to ft r r +f -ply ri'It =way in :? Tr:rk Hi.h:. -nt r ;rote North 85 dcaro,c. A minutes 50 se':.rd Jlorr rid rrr.h aiy rich of wcy, a d1. -arc- of33,f, -8. fee -,; ther;.a South 56 de.,rne�' It r,it, cite L i J =. " :; ul:r nd northerly right of way, a distance of 153.9 e-_, -1 -cr _ ,r .f 8' i r :: 51 r it rte.:; -,.Dads !Nest along said northerly right r v 1r n 9i =?a -" J LS.I t ,k .. t Ili -' the Ncrtbwest Quarter of Section 1., Tc,..r =rif �gr'.r h r .rh 1 d u - 'ir w:rs :eC scr,onds West along raid wcs, line e` tY P:Srth:, C,iarr r, n littpn, �'i - .- ; the point of beginning. Thi; tract corsairs 18.' acr - c` lac d. r-, >r -r I_a -, and ;uP1 :- rir7h`, of way it existing rcun'.y road and vl - «a1', J -1 a11 -inert. c' i�c r.rti 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. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. 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. 5. Site Plan Review a) The proposed site plan 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 of city code; C) The proposed site plan preserves the site in its natural state to the extent practicable by minimizing tree and soil removal, preserving as permanent open space the land north of 78`h Street West and designing the site in keeping with the general appearance of the; d) The proposed site plan 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 site plan 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) The proposed site plan 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. 6. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the granting of a variance: a) Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The granting of the variance is in keeping with the purpose and intent of the zoning ordinance. The reduction of one internal parking stall due to locating trash and recycling inside provides enhanced site design. While the parking could be met through the use of compact parking stalls, the use of standard size stalls is preferred. b) When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The practical difficulty with.the parking standard is that while it could be provided, it would necessitate the use of exterior trash and recycling locations or require the use of compact parking stalls which are not preferred. C) That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based upon economic considerations, but is to permit the development to provide interior trash and recycling facilities. d) The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The reason for the request is to permit the trash and recycling inside the building. e) The variance, if granted, will not alter the essential character of the locality. Finding: The reduction of one interior parking stall will not alter the essential character of the area. The site provides adequate surface parking to accommodate required site parking. f) Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. The planning report #2013 -07 dated April 16, 2013, prepared by Kate Aanenson, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the project. ADOPTED by the Chanhassen Planning Commission this 16`h day of April, 2013. CHANHASSEN PLANNING COMMISSION BY: Its airman