14-18 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Homestead Partners, LLC, Marlene Bentz and Mr. & Mrs. Douglas Bentz —
Planning Case No. 2014 -18, VISTAS AT BENTZ FARM.
Request for a Rezoning of property zoned Agricultural Estate District (A -2) to Residential
Low and Medium Density District (RLM); a Conditional Use Permit for development within the
Bluff Creek Corridor; and Preliminary Plat creating 15 lots, 4 outlots and right of way for public
streets (19.645 acres) with a Variance for the use of a private street located at 7280 and 7300
Galpin Boulevard.
On September 2, 2014, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Homestead Partners, LLC, Marlene Bentz and
Mr. & Mrs. Douglas Bentz for a single - family residential development. The Planning
Commission conducted a public hearing on the proposed development 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 Agricultural Estate District (A -2).
2. The property is guided in the Land Use Plan for Residential — Low Density uses.
3. The legal description of the property is shown on the 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 including land use guide of Residential Low- Density.
b. The proposed zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed, because it will maintain the development patterns in the area. There will not be
any physical changes to the property required.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity, subject to their availability.
f. Traffic generation by the proposed zoning is within capabilities of streets serving the
property.
5. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all the
requirements of the "RLM" Residential Low Medium Density District.
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 subject to
compliance with conditions of approval;
f. The proposed subdivision will not conflict with easements of record, but rather will expand
and provide all necessary easements.
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. VARIANCE FINDINGS WITH A SUBDIVISION.
a. The hardship is not a mere inconvenience by providing reasonable access to four properties
while reducing potential impacts to the natural features on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including wetlands, Bluff Creek and significant areas of poor soils;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the previously stated conditions of the property;
d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan since it will reduce potentially significant impacts on the site.
7. When approving a conditional use permit the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the
conditional use Section 20 -232, include the following 12 items:
a. The proposed development will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The developer
shall preserve the Bluff Creek primary zone.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and this chapter. The developer shall preserve the Bluff Creek primary
zone.
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. The developer shall preserve the Bluff
Creek primary zone.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses. The Bluff Creek primary zone shall be preserved as permanent open
space.
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. The developer shall preserve the Bluff Creek primary zone as permanent
open space.
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. The
developer shall preserve the Bluff Creek primary zone as permanent open space.
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. The developer shall preserve the Bluff Creek primary zone as permanent
open space.
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. The
developer shall preserve the Bluff Creek primary zone as permanent open space.
i. The proposed development will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The developer shall preserve the
Bluff Creek primary zone as permanent open space.
j. The proposed development will be aesthetically compatible with the area. The developer
shall preserve the Bluff Creek primary zone as permanent open space.
k. The proposed development will not depreciate surrounding property values. The developer
shall preserve the Bluff Creek primary zone as permanent open space potentially improving
property values.
1. The proposed development will meet standards prescribed for certain uses as provided in
Chapter 20, Articles IV, V, VI and XXI of the Chanhassen City Code. The developer shall
preserve the Bluff Creek primary zone as permanent open space as required by city code.
8. The planning report #2014 -18 dated September 2, 2014, prepared by Robert Generous, et al,
is incorporated herein.
The Planning Commission recommends that the City Council approve the proposed
development including rezoning of the property from Agricultural Estate (A -2) to Residential -Low
& Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff
Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with
Variances for the use of a private street for a single - family detached subdivision.
ADOPTED by the Chanhassen Planning Commission this 2nd day of September, 2014.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
rd