Signed Findings of Fact 18-05CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Rick LaMettry for Conditional Use Permit and Subdivision review
On January 16, 2018, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Rick LaMettry for a Conditional Use Permit
amendment to permit development within the Bluff Creek Overlay District and subdivision
review to approve a Registered Land Survey for the property located at Audubon Road and
Motorplex Court. The Planning Commission conducted a public hearing on the proposed
conditional use and site plan, which was 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 Industrial Office Park, IOP.
2. The property is guided by the Land Use Plan for Office Industrial and Open Space uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. Conditional Use Permit: Criteria for approval:
a. The proposed development will not be detrimental to and will enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and the zoning ordinance.
c. The proposed development will be designed, constructed, operated and maintained so to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed development will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse disposal,
water and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed development will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed development will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance, but will provide
permanent open space. The development will dedicate the wetland to the city for
permanent open space.
j. The proposed development will be aesthetically compatible with the area.
k. The proposed development will not depreciate surrounding property values.
1. The proposed development will meet standards prescribed for certain uses as provided in
this article.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects 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 complies with all the
district regulations and requirements;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan by creating single-family lots
within the density ranges required by the 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; and
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. The planning report #2018-05 dated January 16, 2018, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Conditional
Use Permit and Site Plan subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 16th day of January 16, 2018.
CHANHASSEN PLANNING COMMISSION
BY �_.
Andrew Aller, Chairman
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