13-13 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
UNIX
Application of U.S. Home Corporation and B. Elmer Family Farms, LLC — Camden Ridge
On June 18, 2013, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of U.S. Home Corporation and B. Elmer Family Farms, LLC
for a Planned Unit Development which includes the Rezoning of the property from Agricultural
Estate District to Planned Unit Development — Residential, Subdivision into 32 single - family
lots, 26 twinhome lots, public right -of -way and outlots; and a Conditional Use Permit to allow
development within the Bluff Creek Overlay District. The Planning Commission conducted a
public hearing on the proposed Planned Unit 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
The property is currently zoned Agricultural Estate District, A -2.
2. The property is guided in the Land Use Plan for Residential Medium Density.
3. The legal description of the property is shown in the attached Exhibit A.
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 to 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. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects of the proposed subdivision. The seven (7) effects 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;
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 significant adverse environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
g. The proposed subdivision is not premature. Adequate infrastructure is in place or
proposed with the development. 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.
6. When approving a conditional use permit, the City must determine the capability of a
proposed development with existing and proposed uses. The general issuance standards of
the conditional use Section 20 -232, include the following 12 items:
a. The proposed development will not be detrimental to or endanger the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed development 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 development will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed development 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 development 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 development 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 development will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. The proposed development will be aesthetically compatible with the area.
k. The proposed development will not depreciate surrounding property values.
1. The proposed development will meet standards prescribed for certain uses as provided
in Chapter 20, Articles IV, V and VI of the Chanhassen City Code.
The planning report #2013 -13 dated June 18, 2013, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Planned Unit
Development.
ADOPTED by the Chanhassen Planning Commission this 18th day of June, 2013.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
EXHIBIT A
The Northwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 23 (referred to herein as Tract A).
ALSO: Commenting at the Southwest corner of Section 23, Township 116, Range 23; thence running North on Section
Line 30 feet; thence in a straight line to a point on the South Section line of said Section, 30 feet East of the
Southwest corner of said Section; thence West 30 feet to said Southwest corner of saitl Section and place of beginning.
Being a three— cornered piece In Southwest corner of said Section 23, Township 116, Range 23,
ALSO: Beginning at the Southeast corner of the Northwest Quarter of the Northwest Quarter of Section 26, Township
116, North of Range 23 West; thence south along the quarter — quarter section line a distance of 800 feet to Carver
County Road No. 14; thence east along the north line of said Carver County Road No. 14 a distance of 26 feet;
thence north parallel to the aforementioned quarter — quarter section 827 feet to a point 26 feet north of the
east —west quarter— quarter section Ilhe of the Northwest quarter of sold Section 26, thence West a distance of 26 feet
to the quarter — quarter section line; thence south a distance of 26 feet to place of beginning (referred to herein as
Tract B).
EXCEPT: that part of Tract A which lie$ Easterly of LINE 1 described below:
LINE 1. Commencing at the north quarter corner of sold Section 26; thence ran west on an azimuth of 271 degrees 56
minutes 13 seconds along the north line of sold section 1634.23 feet to the point of beginning of Line 1 to be
described; thence on an azimuth of 124 degrees 59 minutes 41 seconds for 366.71 feet; thence on an azimuth of 179
degrees 51 minutes 07 seconds for 478.28 feet; thence on an azimuth of 225 degrees 16 minutes 10 seconds for
201.73 feet; thence on OR azimuth of 218 degrees 08 minutes 53 seconds for 606.64 feet to a point an the south
line of said Northwest Ouarter of the Northwest Quarter and there terminating;
and EXCEPT that part of Tract B which lies Northwesterly and Southwesterly of LINE 2 described below:
LINE 2. Commencing at the point of termination of Line i described above: thence run east on on azimuth of 91
degrees 23 minutes 44 seconds along the south line of the North half of the Northwest quarter of said Section 556.16
fee- to the point of beginning of Line 2 to be described; thence on an azimuth of 218 degrees 00 minutes 59 seconds
for 448.73 feet: thence on an azimuth of 200 degrees 42 minutes 57 seconds for 323.97 feet: thence an an azimuth
of 105 degrees OB minutes 31 seconds for 351.75 feet; thence on an azimuth of 99 degrees 25 minutes 54 seconds
for 510.00 feet and there terminating;
Together with right of access retained In Quit Claim Deed Document No. 310751 pursuant to Access Driveway Permit
dated August 26, 2012.
M