Findings of Fact4-C A4
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Dogwood Road, LLC and Westwood Church for Land Use Map Amendment,
Rezoning and Subdivision approval.
On April 15, 2014 the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Dogwood Road, LLC and Westwood Church for a land use map
amendment from Public /Semi- Public to Residential Low Density, rezoning of the property from
Office Institutional District to Single - Family Residential and subdivision approval to create five
lots. The Planning Commission conducted a public hearing on the proposed subdivision
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 Office Institutional District, OI.
2. The property is guided in the Land Use Plan for Public /Semi- Public uses.
3. The legal description of the property is: See 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 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
subdivision ordinance;
e. The proposed subdivision will not cause environmental damage;
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.
6. The planning report #2014 -06 dated April 15, 2014, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission approves the land use map amendment to Residential Low
Density, the rezoning to Single - Family Residential District and Preliminary Plat creating five
lots.
ADOPTED by the Chanhassen City Council this 15`h day of April, 2014.
CHANHASSEN CITY COUNCIL
BY:
Chair
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