Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Plowshares Development, LLC for a Rezoning, Preliminary Plat with Variances -
Pinehurst. Planning Case No. 04-36
On December 7, 2004, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Plowshares Development, LLC for rezoning
property from Rural Residential, RR, to Single-Family Residential, RSF, preliminary plat
approval for 43 lots, two outlots and right-of-way for public streets with variances for the use of
private streets. The Planning Commission conducted a public hearing on the proposed rezoning
and subdivision with variances 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 Rural Residential (RR).
2. The property is guided in the Land Use Plan for Residential - Low Density.
3. The legal description of the property is: Lots 1 & 2, Old Slocum Tree Farm
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, including meeting the net density goal of 1.2 to 4.0 units per
acre with a net density of 1.85 units per acre, development within the
Metropolitan Urban Service Area, residential low density development in
appropriate area in a manner that reinforces the character and integrity of existing
single family neighborhoods, providing adequate internal street linkages, and the
preservation of natural resources.
b. The proposed use is 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, subject to the granting of the setback variances to appropriate
lots for tree preservation purposes.
d.
The proposed use will not tend to or actually depreciate the area in which it is
proposed, but should enhance the residential character of the area.
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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 affects of the proposed subdivision. The seven (7) affects 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 environmental damage;
f. The proposed subdivision will not conflict with easements of record, but will
dedicate all required easements; and
g. The proposed subdivision is not premature. 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. In order to permit private streets, the city must find that the following conditions exist:
a. The prevailing development pattern makes it unfeasible or inappropriate to
construct a public street. In making this determination, the city may consider the
location of existing property lines and homes, local or geographic conditions and
the existence of wetlands. Extension of a public street to serve the six homes on
the west end of the site would significantly impact an environmental area on the
property.
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b. After reviewing the surrounding area, it is concluded that an extension of the
public street system is not required to serve other parcels in the area, improve
access, or to provide a street system consistent with the comprehensive plan.
Public streets are not necessary to access the property to the west, which is
currently developed with single-family homes and accessed via Brenden Court.
c. The use of the private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas. The use of limited private streets
preserves approximately 2.8 acres of woodlands.
7. VARIANCE FINDINGS - PRIV ATE STREET
a. The hardship is not a mere inconvenience, but provides a means for preserving
natural features on site.
b. The hardship is caused by the particular physical surroundings, shape or
typographical conditions of the land.
c. The conditions upon which the request is based are unique and not generally
applicable to other property.
d. The granting of the variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of the subdivision ordinance,
the zoning ordinance and comprehensive plan.
8. The planning report #04-36 dated December 7, 2004, prepared by Robert Generous, et aI,
is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the
rezoning and preliminary plat with a variance for private streets.
ADOPTED by the Chanhassen Planning Commission this 7th day of December, 2004.
CHANHASS
l-MMlSSION
BY:
Its Chairman
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