PC Staff Report Attachment 1. Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of West Park for the following:
1. Rezoning to Planned Unit Development-Residential: West Park from Single Family
Residential and Planned Unit Development—Mixed Use to Planned Unit
Development—Residential and adopt standards for the development.
2. Variance to allow a reduced PUD parameter setback.
3. Subdivision/Preliminary Plat: to subdivide 9.8 acres into 82 lots and 8 outlots.
4. Site Plans: for the construction of 82 townhouses.
On June 20, 2017,the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Pulte Homes to rezone property to Planned Unit Development,
Preliminary Plat and Site Plan review with a variance (Planning Case 2017-12). 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 Single Family Residential and Planned Unit Development-
Mixed Use, PUD-Mixed Use.
2. The property is guided in the Land Use Plan for Residential Low Density(1.2-4 Units per
Acre),Residential Medium Density(4-8 Units per Acre) and Mixed Use.
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
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.
b) The proposed use is or will be compatible with the present and future land uses of the
area.
c) The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
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d) The proposed use will not tend to or actually depreciate the area in which it is proposed.
e) 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.
5. 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.
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 environmental damage;
f) The proposed subdivision will not conflict with easements of record.
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. In 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.
7.Sec. 20-58. - General conditions for granting a variance
A variance may be granted if all of the following criteria are met:
a) Variances shall only be permitted when they are in harmony with the general purposes and
intent of this chapter and when the variances are consistent with the comprehensive plan.
b) When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance,means that the property
owner proposes to use the property in a reasonable manner not permitted by this chapter.
Practical difficulties include,but are not limited to,inadequate access to direct sunlight for
solar energy systems.
c) That the purpose of the variation is not based upon economic considerations alone.
d) The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
e) The variance,if granted,will not alter the essential character of the locality.
f) Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06,
subd. 14,when in harmony with this chapter.
7. The planning report#2017-12, dated June 20, 2017,prepared by Sharmeen Al-Jaff, et al, is
incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the Rezoning, to
Planned Unit Development, Preliminary Plat for West Park, Site Plan for the construction of 82
townhouses with a setback variance for the construction of 82 townhouses.
ADOPTED by the Chanhassen Planning Commission this 20th day of June, 2017.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
Legal Description
North Parcel
Parcel 1
Part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 116, Range 23, Carver
County Minnesota, described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 24; thence on an assumed
bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said Northwest Quarter
338.00 feet; thence South 25 degrees 26 minutes 43 seconds East 128.38 feet to a point on the
centerline of State Highway Number 101 said point being the point of beginning of the tract to be
described; thence westerly along said centerline along a non tangential curve that is concave to the north,
said curve having a central angle of 09 degrees 11 minutes 57 seconds, a radius length of 621.15 feet, an
arc length of 99.73 feet, a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord
length of 99.62 feet; thence South 79 degrees 38 minutes 53 seconds West along said centerline and
tangent to last described curve 163.44 feet; thence southwesterly along said centerline along a tangential
curve that is concave to the southeast, said curve having a central angle of 19 degrees 36 minutes 53
seconds, a radius length of231.87 feet, an arc length of 79.38 feet; thence continuing southwesterly along
said centerline along a compound curve, that is concave to the southeast, said curve having a central
angle of 52 degrees 18 minutes 23 seconds, a radius length of 127.60 feet, an arc length of 116.49 feet, a
chord bearing of South 33 degrees 34 minutes 37 seconds West, a chord length of 112.49 feet to the
West line of said Northwest Quarter; thence South 00 degrees 01 minutes 33 seconds East along said
centerline and along the West line of said Northwest Quarter 362.74 feet to the South line of the North
660.00 feet of the West Half of the Northwest Quarter of said Section 24; thence South 89 degrees 19
minutes 43 seconds East along said South line 430.13 feet to the westerly right-of-way line of Trunk
Highway Number 312;thence northeasterly along said westerly right-of-way line along a non tangential
curve that is concave to the southeast, said curve having a central angle of 11 degrees 42 minute 56
seconds, a radius length of 350.00 feet, an arc length of 71.57 feet, a chord bearing of North 64 degrees
07 minutes 43 seconds East, a chord length of 71.44 feet; thence North 16 degrees 17 minutes 03
seconds East along said westerly right-of-way line and not tangent to the last described curve 360.83
feet; thence northerly along said westerly right-of-way line along a non tangential curve that is concave to
the east said curve having a central angle of 17 degrees 30 minutes 47 seconds, a radius length of
981.48 feet, an arc length of 300.00 feet, a chord bearing North 20 degrees 48 minutes 18 seconds East,
a chord length of 298.83 feet to the North line of said Northwest Quarter; thence North 89 degrees 19
minutes 43 seconds West along said North line and not tangent to last described curve 118.28 feet to the
centerline of State Highway Number 101; thence southwesterly along said centerline along a non
tangential curve that is concave to the northwest, said curve having a central angle of 20 degrees 33
minutes 03 seconds, a radius length of 621.15 feet, an arc length of 222.79 feet, a chord bearing of South
59 degrees 19 minutes 43 seconds West, a chord length of 221.60 feet to the point of beginning.
Parcel 2
Lot 1, Block 1, Gateway North, Carver County, Minnesota.
South Parcel
Parcel 3
Lot 2, Block 2, Gateway North, Carver County, Minnesota.
Parcel 4
Outlot A, Gateway North, Carver County, Minnesota.
Abstract
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