15-10 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Tyler Stevens — Planning Case No. 2015-10, BeeHive Homes.
Request for Preliminary Plat creating two lots; and a Rezoning of 0.9 acres of property zoned
RSF, Single Family Residential District, to R-8 Mixed Medium Density Residential; and Site Plan
approval for the construction of a 10,700 square -foot addition Continuing Care Retirement Facility
located west of Highway 41, 6330 Hazeltine Boulevard.
On May 19, 2015, he Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Tyler Stevens for a Continuing Care Retirement Facility. 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 RSF, Single Family Residential District and R-8, Mixed
Medium Residential District.
2. The property is guided in the Land Use Plan for Residential — Medium Density or Office.
3. The legal description of the property is described in Exhibit A.
4. Subdivision Findings:
a. The proposed subdivision is consistent with the zoning ordinance; the subdivision meets
all the requirements of the R-8, Mixed Medium Residential 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; the proposed subdivision is
consistent with the subdivision ordinance.
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; the proposed site is suitable for
development subject to the conditions specified in this report.
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; the proposed subdivision is served by adequate urban infrastructure subject to
the conditions specified in this report.
e. The proposed subdivision will not cause environmental damage; the proposed
subdivision will not cause excessive environmental damage subject to conditions of
approval. The proposed subdivision contains adequate open areas.
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. It will have access to public utilities and
streets.
Finding: 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. The applicant is proposing to utilize a private street until Lot 2
develops. At that point, it will be replaced by a public street.
5. Rezoning Findings:
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
effects of the proposed amendment. The six (6) effects and our findings regarding them are:
a. The proposed zoning 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 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.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
6. hi evaluating a site plan and building plan, the city shall consider the development's
compliance with the following:
a. 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.
b. Consistency with this division.
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c. 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.
d. 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.
e. Creation of 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.
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. 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.
Finding: The proposed development is consistent with the City's design requirements,
the comprehensive plan, the zoning ordinance, the design standards, and the site plan
review requirements. 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 area.
7. The planning report #2015-10 dated May 19, 2015, prepared by Sharmeen Al-Jaff eta], is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed development
including a Preliminary Plat creating two lots; a Rezoning of 0.9 acres of property zoned RSF,
Single Family Residential District to R-8, Mixed Medium Density Residential, and Site Plan
Approval for the construction of 10,700 square -foot addition Continuing Care Retirement Facility.
ADOPTED by the Chanhassen Planning Commission this 19'b day of May 2015.
CHANHASSEN PLAENING COMMISSION
BY:
Its Chairman
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EXHIBIT A
Legal Description:
Lot 1, Block 1, BEEHIVE HOME, according to the recorded plat thereof, Carver County,
Minnesota.
AND
Beginning at the northeast corner of Southeast Quarter of Northeast Quarter of Section 4, in
Township 116, Range 23 West, thence running west 40 rods, thence south 24 rods; thence east 40
rods; thence 24 rods to the place of beginning.
AND
Beginning at northwest corner of Southwest Quarter of Northwest Quarter of Section 3 in
Township 116, Range 23; thence running east 139 feet to the centerline of the Excelsior and Chaska
road; thence southwesterly along the centerline of said road 267 feet to the West line of said Section
3; thence north along said section line 220 feet to the place of beginning.
AND
Beginning at a point in the south line of the Northwest Quarter of the Northwest Quarter of Section
3, Township 116, Range 23, where said line intersects the Excelsior and Chaska Road; thence
westerly along said line and along the south line of the Northeast Quarter of the Northeast Quarter
of Section 4 in said Township and Range to the southwest corner of the East Half of the Northeast
Quarter of the Northeast Quarter of said Section 4, thence north at right angles 30 feet; thence east
in a line parallel with the said South line as heretofore described to the point of intersection with
said Excelsior and Chaska Road above mentioned; thence along said road to point of beginning.