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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION INRE: Application of Yoberry Farm - Planning Case 04-43 On January 4, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide 35.79 Acres into 57 single-family lots and 8 outlots, and Rezoning of 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family - Yoberry Farm. The Planning Commission conducted a public hearing on the proposed development on January 4, 2005 and continued on January 18,2005 which was preceded by published and mailed notice. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District, RR. 2. The property is guided in the Land Use Plan for Residential- Low Density (1.2- 4.0 units per net acre). 3. The legal description of the property is attached as Exhibit A. 4. 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 environmental damage; 1 f) The proposed subdivision will not conflict with easements of record; 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. 5. The planning report Planning Case 04-43, dated January 4,2005, prepared by Shatmeen AI-J aff, et aI, is incorporated herein. 6. The proposed Rezoning is consistent with the City's Comprehensive plan. DECISION 1. The preliminary plat is approved subject to the conditions set forth in the planning report as amended by motion of City Council. 2. The rezoning of the property to RSF, Residential Single Family is approved. ADOPTED this 28th day of February, 2005. CITY OF CHANHASSEN To ~-I - -----~- / ~ (. ! ~/>~ Thomas A. Furlong, May; \ .-~ g:\plan\2004 planning cases\04-43 - yoberry farrn\findings of fact for city council.doc 2