Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Community Asset Development Group and John Klingelhutz to Rezone
approximately 8.9 acres from Agricultural Estate (A -2) to Mixed Medium Density Residential
District (R -8); Site Plan Review for a Continuing Care Retirement Facility (Bluff Creek
Cottages); and a Conditional Use Permit to allow development within the Bluff Creek Overlay
District.
On July 16, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Community Asset Development Group and John Klingelhutz to
rezone approximately 8.9 acres from Agricultural Estate (A -2) to Mixed Medium Density
Residential District (R -8); Site Plan Review for a 13,700 square -foot Continuing Care
Retirement Facility (Bluff Creek Cottages); and a Conditional Use Permit to allow
development within the Bluff Creek Overlay District. 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.
2. The property is guided in the Land Use Plan for Residential Medium Density.
3. The legal description of the property is as follows:
That part of the Southwest Quarter of the Northeast Quarter and the Northwest
Quarter of the Southeast Quarter of said Section 27, Township 116, Range 23
West of the Fifth Principle Meridian, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northeast
Quarter; thence on an assumed bearing of North 00 degrees 28 minutes 53
seconds West, along the east line of said Southwest Quarter of the Northeast
Quarter, a distance of 528.00 feet; thence on a bearing of South 89 degrees 31
minutes 07 seconds West, a distance of 617.10 feet; thence on a bearing of South
00 degrees 28 minutes 53 seconds East, parallel with said cast line of the
Southwest Quarter of the Northeast Quarter, a distance of 665.28 feet; thence on a
bearing of South 80 degrees 28 minutes 53 seconds East, a distance of 626.58 feet
(620.50 feet deeded), to the east line of said Northwest Quarter of the Southeast
Quarter; thence on a bearing of North 00 degrees 28 minutes 16 seconds West,
along the said east line of the Northwest Quarter of the Southeast Quarter, a
distance of 246.08 feet to the point of beginning.
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 within the Bluff Creek primary zone and designing the site in
keeping with the general appearance of the area;
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. Conditional Use Permit:
a. The proposed development will not be detrimental to or degrade 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 the Conditional Use article.
The planning report #2013 -08 dated July 16, 2013, prepared by Sharmeen Al -Jaff et al is
incorporated herein.
The Planning Commission recommends that the City Council approve the Rezoning, Site
Plan Review and the Conditional Use Permit.
ADOPTED by the Chanhassen Planning Commission this 16a` day of July, 2013.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
pgAplan\2013 planning cases\2013 -08 bluff creek cottages\resubmittal 6 -14 -13 \findings of fact.doc