15-17 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, Site Plan
and Planned Unit Development Amendment approval.
On July 7, 2015, 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, Planned Unit Development Amendment and site plan approval for the construction of a
19,909 square -foot specialty retail building. 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 as Mixed Use.
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
Fa
and air and those aspects of design not adequately covered by other regulations which
may have substantial effects on neighboring land uses.
6. 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 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.
Findin : The site is guided mixed use (residential and neighborhood commercial). A
retail building is a reasonable use in that location.
b) The proposed use is or will be compatible with the present and future land uses of the
area.
Finding: The proposed use is and will be compatible with the present and future land
uses of the area through the implementation of the design standards, landscaping,
architecture, etc.
c) The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The proposed use 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 use is intended to meet the daily needs of the area. It could
potentially add convenience to the homeowners in the area.
e) 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: Based upon traffic studies conducted by the applicant's traffic engineer, traffic
generation by the proposed use is within capabilities of streets serving the property.
6. The planning report #2015-17 dated July 7, 2015, prepared by Sharmeen Al-Jaff, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat (Villages on the Ponds ltd' Addition) and site plan with a variance for Chanhassen Specialty
Retail (Total Wine & More).
ADOPTED by the Chanhassen Planning Commission this 7a' day of July, 2015.
CHANHASSEN PLANNING COMMISSION
B
Its Chairman
0