14-35 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
II '=
Application of SCP PE CHAN, LLC (Paster Enterprises, LLC), to Rezone 5.2 acres from
Neighborhood Business District (BN) to Planned Unit Development (PUD)and Site Plan
Review for the construction of a 3,915 square -foot, single -level retail building with a drive -thru
serving a restaurant.
On November 18, 2014, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of SCP PE CHAN, LLC (Paster Enterprises,
LLC), to Rezone 5.2 acres from Neighborhood Business District (BN) to Planned Unit
Development (PUD)and Site Plan Review for the construction of a 3,915 square -foot, single -
level retail building with a drive -thru serving a restaurant. The Planning Commission conducted a
public hearing on the proposed rezoning and site plan review 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 Neighborhood Business District (BN).
2. The property is guided in the Land Use Plan for Commercial.
3. The legal description of the property is:
LOT 1 & 2 EXC: THAT P/O LOTS 1 & 2 DESC AS: BEG AT NW CORN LOT 1 TH
S3 *W ON WLY LINE LOT 1 254.85' TH S86 *E 50.02' TH N3 *E 28.56' TH N86 *E 194.48'
TH NELY 64.99 ON TANG CURV CONCAVE TO NW TH N3 *E 169.77 TO N LINE LOT 1
TH N89 *W ON N LINE 282.55' TO PT
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.
Finding: The proposed Planned Unit Development has been considered in relation to the
specific policies and provisions of the land use plan and has been found to be consistent
with the official City Comprehensive Plan. It complies with providing commercial uses.
b) The proposed use is or will be compatible with the present and future land uses of the
area.
Finding: The proposed uses are and will be compatible with the present and future land
uses of the area through the implementation of the design standards, landscaping buffers,
architecture, etc.
c) The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The proposed uses will conform with all performance standards contained in
the Zoning Ordinance such as design standards, signage, durable materials, uses, etc.
d) The proposed use will not tend to or actually depreciate the area in which it is proposed.
Finding: The proposed uses will continue to complement the surrounding
neighborhoods and serve the community.
c) The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
Finding: The site is located within the Municipal Urban Service Area. 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.
Finding: The site is bordered by highways on two sides that can easily accommodate the
traffic generated by the site.
5. Site Plan Review
In evaluating a site plan and building plan, the City shall consider the development's
compliance with the following:
(1) Consistency 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;
(2) Consistency with this division;
(3) Preservation of 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;
(4) Creation of 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;
(5) Creation of functional and harmonious design for structures and site features, with special
attention to the following:
a. 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;
b. The amount and location of open space and landscaping;
c. 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
d. 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.
(6) Protection of 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.
FindinE: The proposed development is consistent with the City's design requirements,
the comprehensive plan, the zoning ordinance and the site plan review requirements if the
City approves the rezoning of the property. Staff will work with the applicant to bring
the plans into compliance. Staff is recommending approval of the request with
conditions. The site design is compatible with the surrounding developments. It is
functional and harmonious with the approved development for this area.
6. The planning report #2014 -35 dated November 18, 2014, prepared by Sharmeen Al -Jaff, et
al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the project.
ADOPTED by the Chanhassen Planning Commission this 18' day of November, 2014.
CHANHASSEN PLANNING COMMISSION
Its Chairman