Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Town & County Homes for a Rezoning of property from A2, Agricultural Estate
District, to PUD, Planned Unit Development for a townhouse development, Subdivision
approval for Subdivision with variances - 91.02 acres into 7 Blocks and 124 Buildings including
459 Units, 3 Outlots A-C, and 7 Common Lots and associated right-of-way, Site Plan Review -
of 142 Chateau homes, 118 Majestic homes, 62 Premier homes, and 124 Regency homes and a
Pool/Community area, Conditional Use for alteration within the flood plain, Conditional Use
Permit for development within the Bluff Creek Overlay District and a Wetland Alteration permit
to fill and grade wetlands on site - Liberty on Bluff Creek - Planning Case 05-11.
On July 19,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Town & County Homes for rezoning, preliminary plat approval,
site plan review, conditional use permits and wetland alteration permit for the referenced
property. 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 A2, Agricultural Estate District.
2. The property is guided in the Land Use Plan for Office/Industrial, Residential Medium
Density, and Parks and Open Space uses.
3. The legal description of the property is: (see Exhibit A)
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;
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;
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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 significant 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.
5. Planned Unit Development. It will be the applicant's responsibility to demonstrate that the
City's expectations are to be realized as evaluated against the following criteria:
a) The proposed development preserves the majority of desirable site characteristics and open
space, and protects sensitive environmental features, including mature trees, creeks and
wetlands.
b) The proposed development is an efficient and effective use of land, open space and public
facilities through the clustering of the development on the site and the use of a private street.
c) The proposed development is a high quality of design and design compatible with
surrounding land uses, including both existing and planned. Site planning, landscaping and
building architecture reflect higher quality design than is found elsewhere in the
community.
d) The proposed development provides sensitive development in transitional areas located
between different land uses and along significant corridors within the city.
e) The proposed development is consistent with the Comprehensive Plan.
f) The proposed development preserves the majority of the Bluff Creek Corridor primary
zone.
g) The proposed development provides alternate housing type with a percentage of affordable
housing.
h) The proposed development provides energy conservation through the use of the clustering
of buildings.
i) The proposed development will provide signage to reduce the potential for traffic conflicts.
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6. 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 consistent with the official City Comprehensive Plan.
b. The proposed use is 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.
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.
7. Conditional Use Permit.. When approving a conditional use permit, the City must determine
the capability of a proposed development with existing and proposed uses. The general
issuance standards of the conditional use Section 20-232, include the following 12 items:
a) The proposed development will not be detrimental to or endanger the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b) The proposed development is consistent with the objectives of the city's comprehensive
plan and this chapter.
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
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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.
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 meets standards prescribed for certain uses as provided in
Bluff Creek Overlay District.
8. Site Plan. In evaluating a site plan and building plan, the city shall consider the
development's compliance with the following:
a) The proposed development 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 development is consistent with the site plan review requirements;
c) The proposed development preserves the site in its natural state to the extent practicable
subject to the revisions of the staff report by minimizing tree and soil removal and
designing grade changes to be in keeping with the general appearance of the neighboring
developments or developing areas;
d) The proposed development creates a harmonious relationship of building and open space
subject to the revisions recommended in the staff report with natural site features and
with existing and future buildings having a visual relationship to the development;
e) The proposed development 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
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(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 development protects 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.
9. The planning report #05-11 dated July 19, 2005, prepared by Kate Aanenson, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the preliminary
Planned Unit Development, Preliminary Plat with Variances, Site Plan Review, Conditional Use
Permits and Wetland Alteration permit.
ADOPTED by the Chanhassen Planning Commission this 19th day of July, 2005.
CHANHASSEN PLANNING COMMISSION
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BY:
Its Chairman
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