Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COLINTIES. MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Eden Trace Corporation and Holasek Farms, LLC for Rezoning, Preliminary Plat,
Wetland Alteration Permit and Site Plan Review.
On November 20,2018, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Eden Trace Corporation and Holasek Farms, LLC for a
Rezoning from Agricultural Estate District, A2 to IOP; Preliminary Plat approval creating three
lots and an outlot; approval of a Wetland Alteration Permit; and Site Plan approval for a total of
449,350 square feet in three office industrial buildings. The Planning Commission conducted a
public hearing on the proposed rezoning, subdivision and variance 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
The property is currently zoned Agricultural Estate District (A2).
The property is guided in the Land Use Plan for Office Industrial use.
The legal description of the property is: (See Exhibit A)
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 to be consistent with the official city
Comprehensive Plan since the zoning is consistent with the land use designation of
the property, utilizes available infrastructure and provides business opportunities.
b. The proposed use is or will be compatible with the present and future land uses of the
area, which are office industrial uses to the west and north, an arterial roadway to the
north and is buffered from the single-family homes by distance and landscaping.
c. The proposed use conforms to all perfoffnance standards contained in the Zoning
Ordinance, subject to the conditions of approval for the subdivision, wetland
alteration and site plan review.
d. The proposed use will not tend to or actually depreciate the area in which it is
proposed since the use is similar to surrounding uses.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity since adequate infrastructure is available to the
site.
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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 complies 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
stormwater 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 the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage;
f. The proposed subdivision will not conflict with easements of record, but will provide
additional required easements; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
l) Lack of adequate stormwater drainage.
2) Lack ofadequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
6. When approving a Wetland Alteration Permit the city must determine the capability of a
proposed development with existing and proposed uses. The general issuance standards of
the conditional use Sec.20-232, include the following l2 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. The
developer shall mitigate any wetland impacts.
b. The proposed development will be consistent with the objectives of the city's
Comprehensive Plan and this chapter. The developer shall meet all water quality
standards required of it.
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. The project proposes
the development of a business park, which are currently existing to the west and north
of this parcel.
d. The proposed development will not be hazardous or disturbing to existing or planned
neighboring uses. The project proposes the development of an office / warehouse
business park.
e. The proposed development will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse
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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. The developer shall preserve the southern outlot as
permanent open space.
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.
The development shall provide additional economic and employment opportunities for
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.
Primary access is provided via a signal controlled intersection.
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. The project
proposes the development of office industrial buildings similar to those in the
development to the north and west.
k. The proposed development will not depreciate surrounding property values. The project
proposes the development of office industrial uses similar to those in the development
to the north and west.
l. The proposed development will meet standards prescribed for certain uses as provided
in Chapter 20, Articles IV, VI, XIV, Division l, and XXXI of the Chanhassen City
Code.
7. Site Plan Review
a. 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;
Finding: The proposed development is with the elements and objectives of the city's
development guides as well as meeting the design standards for Industrial Office Park
developments.
b. Is consistent with site plan division;
Finding: The proposed development complies with the Site Plan review requirements
of the Chanhassen City Code.
c. 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 ofthe neighboring developed or developing or developing areas;
Finding: The site has been significantly altered by previous grading on the parcel.
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The proposed development is in keeping with the general appearance of the
neighboring developed areas.
d. 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;
Finding: The proposed development 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. 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.
Finding: The proposed development creates a functional and harmonious design
for structures and site features, subject to compliance with the conditions of
approval.
f. 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.
Finding: 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 traffic circulation.
The Planning Report #2018-18 dated November 20,2018, prepared by Robert Generous,
et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the rezoning of the
property from Agricultural Estate District, A-2,to Industrial Office Park, IOP; Preliminary Plat
approval creating three lots and one outlot with access via a private street; a Wetland Alteration
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Permit; and Site Plan approval for three office industrial buildings with a total of 449,350 square
subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 20th day of November, 2018.
CHANHASSEN PLANNING COMMIS SION
BY:
Its Chairman
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EXHIBIT A
Lesal Description
The South 100 feet of the Southeast Quarter of the Southeast Quarter (SE I /4 SE I /4) of Section
16, Township 1 16, Range 23, Cawer County, Minnesota;
AND
That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW l/4) of Section 15,
Township 1 16, Range 23, Carver County, Minnesota, described as follows:
Commencing at the Southwest comer of said Section 15, and running thence East along the
South line of said Section I 5 a distance of 27 5 feet more or less to the centerline of County Road
No. 1 l7; thence Northwesterly along the said centerline of said County Road No. I l7 a distance
of 115.5 feet to the point of intersection with a line 100 feet distant and running parallel to the
said South line of said Section 15; thence Westerly, along said line running parallel to the said
South line of said Section 15, to the West line of said Section 15; thence South a distance of 100
feet along said West line of said Section 15, to the point of beginning;
AND
The Northeast Quarter of the Northeast Quarter (NE I /4 NE 1/4) of Section 2 I , Township I I 6,
Range 23, Carver County, Minnesota;
EXCEPT all that part of said Northeast Quarter of the Northeast Quarter of said Section 21, lying
Southeasterly of the Northwesterly right of way line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company;
AND
That part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows: Beginning at a point on the South line of the
Northwest Quarter of the Northwest Quarter of said Section 22, which point is 3.60 chains West
of the Southeast corner of said Northwest Quarter of the Northwest Quarter; running thence
North 22ll2 degrees West 17.18 chains; thence North 47 ll2 degrees West 2 chains; thence
North 7l 112 degrees West 8.60 chains to the Northwest comer of said Northwest Quarter of the
Northwest Quarter; thence South 20 chains to the Southwest corner thereof; thence East 16.40
chains to the place of beginning;
EXCEPT all that part of said Northwest Quarter of the Northwest Quarter of said Section 22,
lying Southeasterly of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company and Southwesterly of the Excelsior and Shakopee Road;
AND EXCEPT any portion of said Northwest Quarter of the Northwest Quarter of Section 22
located within the boundaries of the plat of Stone Creek First Addition recorded as Document
No. 152353 in the records of the County Recorder, carver county, Minnesota;
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AND ALSO EXCEPT any portion of said Northwest Quarter of the Northwest Quarter of
Section 22located within the boundaries of the registered land described in Certificate of Title
No. 3 15 l9 as follows: That part of the North Half of the Northwest Quarter of Section 22,
Township 116 North, Range 23 West of the 5th Principal Meridian described as: Beginning at
the north quarter corner of said Section 22; thence on an assumed bearing of North 89 degrees 05
minutes 3 5 seconds West, a distance of 969 .7 5 feet along the north line of said Northwest
Quarter; thence South 56 degrees 57 minutes 24 seconds West a distance of 1138.88 feet to the
center line of County Road No. 1 17; thence South 32 degrees 02 minutes East a distance of 56.45
feet; thence southeasterly 484.22 feet along a tangential curve to the right having a radius of
3322.60 feet; thence South 23 degrees 4l minutes East a distance of 241.78 feet to the south line
of said North Half of the Northwest Quarter; thence South 89 degrees 06 minutes 46 seconds
East a distance of 1570.38 feet along said south line of the North Half of the Northwest Quarter
to the southeast corner thereof; thence North 0 degrees 30 minutes 30 seconds East a distance of
1326.84 feet along the east line of said Northeast Quarter to the point of beginning, according to
the Government survey thereof;
AND
All that part of Government Lot One in Section 21 , Township I 16, Range 23, Carver County,
Minnesota, lying Northwesterly of the right of way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company.
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