Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Eden Trace Corp. for a Rezoning of property from A2, Agricultural Estate
District, to PUD, Planned Unit Development for an Office-Industrial Park, Subdivision approval
for eight lots, three outlots and associated right-of-way, and a Vvetland Alteration permit to fill
and grade wetlands on site - Chanhassen West Business Park - Planning Case 05-23.
On July 19,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Eden Trace Corp. for rezoning, preliminary plat approval 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 use.
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;
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;
1
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. 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.
6. The planning report #05-23 dated July 19, 2005, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the preliminary
Planned Unit Development, Preliminary Plat and Wetland Alteration permit.
ADOPTED by the Chanhassen Planning Commission this 19th day of July, 2005.
CHANHASSEN PLANNING COMMISSION
BY:
~
Its Chairman
g:\plan\2005 planning cases\05-23 chanhassen west business park\findings of fact chan w business park.doc
2