14-29 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Venture Pass Partners, LLC and Northcott Company for Subdivision and Site
Plan approval with a variance for signage.
On October 7, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Venture Pass Partners, LLC and Northcott Company for
preliminary plat and site plan approval with a variance for sign letter size. 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 Planned Unit Development, PUD.
2. The property is guided in the Land Use Plan for Office /Industrial.
3. The legal description of the property is: Outlot B, Villages on the Ponds Fourth Addition.
4. 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 and meets the standards
of the Village on the Ponds Planned Unit Development;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan since the site is guided for mixed
use development which includes commercial or multi- family residential;
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;
f. The proposed subdivision will not conflict with easements of record; and
g. The proposed subdivision is not premature since adequate infrastructure is available. 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. Site Plan. In evaluating a site plan and building plan, the city shall consider the
development's compliance with the following:
a) The proposed project is consistent with the elements and objectives of the city's
development guides, including the comprehensive plan, official road mapping, and other
plans that may be adopted;
b) The proposed project is consistent with the Site Plan Review requirements of City Code;
c) The proposed project preserves the site in its natural state to the extent practicable by
minimizing tree and soil removal and designing grade changes to be in keeping with the
general appearance of the neighboring developed or developing areas;
d) The proposed project creates a harmonious relationship of building and open space with
natural site features and with existing and future buildings having a visual relationship to
the development;
e) The proposed project creates a functional and harmonious design for structures and site
features, with special attention to the following:
1. An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community;
2. The amount and location of open space and landscaping;
3. Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures
and uses; and
4. Vehicular and pedestrian circulation, including walkways, interior drives and parking
in terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking.
f) The proposed project protects adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation of views, light
and air and those aspects of design not adequately covered by other regulations which
may have substantial effects on neighboring land uses.
6. Section 20 -1253. Variances.
The city council, upon the recommendation of the planning commission, may grant a
variance from the requirements of this article where it is shown that by reason of topography
or other conditions, strict compliance with the requirements of this article would cause a
hardship; provided that a variance may be granted only if the variance does not adversely
affect the spirit or intent of this article.
City code only regulates the total sign area permitted for signage, not the individual size of
letters within the sign. The PUD standards for Villages on the Ponds limit the height of
letters to 30 inches. These standards were established in 1996 and envisioned a multi- storied,
dense urban -style streetscape of buildings and uses. In such an environment, sign height
would be less important since views would be limited to along the adjacent street. The 30-
inch height limitation is viable in a pedestrian- oriented environment. However, changing
economic conditions and times have altered the type of development taking place and the
developer is trying to provide views for further distances including Highway 5 and Market
Boulevard. Limiting the size of the letter is a hardship in this instance.
7. The planning report #2014 -29 dated October 7, 2014, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat (Villages on the Ponds Eleventh Addition) and site plan with a variance for Chanhassen
Specialty Grocery.
ADOPTED by the Chanhassen Planning Commission this 7th day of October, 2014.
CHANHASSEN PLANNING COMMISSION
I CO-OWN "N=EW
Its Chairman