Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDA TION
INRE:
Helsene Partners LLC for an amendment to the Arboretum Business Park Development
Design Standards to permit retail uses.
On September 7,2004, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Helsene Partners, LLC for an amendment
to the development design standards to permit retail uses as permitted uses for the
property located at the northwest comer of Century Boulevard and Corporate Place,
Block 1, Arboretum Business Park 4th Addition. The Planning Commission conducted a
public hearing on the proposed site plan was 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 Planned Unit Development, PUD.
2. The property is guided by the Land Use Plan for office/industrial uses.
3. The legal description of the property is: Block 1, Arboretum Business Park 4th
Addition.
4. The Zoning Ordinance directs the Planning Commission to consider six (6)
possible adverse affects of the proposed amendment to the Arboretum Business
Park PUD design standards to permit retail uses as a permitted use. 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 inconsistent with the
official City Comprehensive Plan as retail uses are a distinct use from
office and industrial uses.
b) The proposed use is or will be incompatible with and compete with the
present and future land uses of the area in that the amendment will permit
retail commercial uses, rather than office, industrial or personal service
uses, potential changing the character of the development.
c) The proposed use would not conform to all performance standards
contained in the Zoning Ordinance including compatibility with adjacent
uses, setback and height, and traffic circulation requirements.
d) The proposed use will actually appreciate the values of the area by
permitting a use that has higher land value. However, it could have a
negative impact on properties that are currently guided and zoned for
commercial uses.
e) The proposed use can be accommodated with existing public services and
will not overburden the city's service capacity as the subdivision is
provided with adequate infrastructure to accommodate the use.
f) Traffic generation by the proposed use may be within capabilities of
streets serving the property. However, an update of the traffic study may
be warranted to ascertain the potential impacts of commercial retail
operations.
5. The planning report #04-29 dated September 7, 2004, prepared by Robert
Generous is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny the
amendment permitting retail uses as a permitted use on the parcels of Block 1, Arboretum
Business Park 4th Addition.
2004.
ADOPTED by the Chanhassen Planning Commission this 7th day of September,
CHANHASSEN PLANNING COMMISSION
BY:
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Its Chairman