Findings of Fact - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Civil Site Group—Planning Case No. 2020-02, The Moments of
Chanhassen.
Request for Rezoning of 3.5 acres of property zoned RR, Rural Residential District,to R-16 High
Density Residential and Site Plan approval with variances for the construction of a Continuing
Care Retirement Facility located north of West 78th Street and West of Lake Ann Park.
On February 4,2020,the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Civil Site Group for a Continuing Care Retirement
Facility.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 RR. Rural Residential District.
2. The property is guided in the Land Use Plan for Residential—High Density.
3. The legal description of the property is described in the attached Exhibit A.
4. Rezoning Findings:
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 zoning has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city's Comprehensive
Plan.
b. The proposed zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
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f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
5. 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.
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.
6. Variance Findings:
Sec. 20-58. -General conditions for granting.
A variance may be granted if all of the following criteria are met:
1. 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.
2. 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.
3. That the purpose of the variation is not based upon economic considerations alone.
4. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
5. The variance, if granted, will not alter the essential character of the locality.
6. Variances shall be granted for earth-sheltered construction as defined in M.S. §
216C.06, subd. 14, when in harmony with this chapter.
Finding: The proposed development is consistent with the city's design requirements,
the Comprehensive Plan, the zoning ordinance, the design standards, and the site plan
review requirements. Staff is recommending approval of the request with conditions.
The site design is compatible with the surrounding developments. It is functional and
harmonious with the area.
The Planning Commission regards the project as a reasonable use of the land. The
overall design is sensitive to the city's image.
7. The planning report#2020-02 dated February 4, 2020, 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 proposed development
including a Rezoning of 3.5 acres of property zoned RR, Rural Residential District to R-16 High
Density Residential, and Site Plan Approval with Variances for the construction of a Continuing
Care Retirement Facility.
ADOPTED by the Chanhassen Planning Commission this 4th day of February, 2020.
CHANHASS P ;NNING ►•MMISSION
BY: Al • Arlik
/ teven eick, Cha i an
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EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
That part of Tracts A and B below:
Tract A:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 North,
Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast corner thereof; thence west along said south line a
distance of 361.00 feet; thence northerly parallel to the east line of said Southeast Quarter of the
Southeast Quarter a distance of 593.20 feet;thence deflecting right at an angle of 62 degrees 00
minutes 00 seconds a distance of 150 feet, more or less,to the center line of creek; thence
easterly along said centerline to its intersection with a line drawn northerly and parallel with said
east line from point of beginning; thence southerly along said parallel line to the point of
beginning.
Tract B:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 North,
Range 23 West, Carver County. Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast corner thereof; thence northerly parallel with the east
line of said Southeast Quarter of the Southeast Quarter to its intersection with the centerline of
the creek; thence easterly along said centerline of the creek to its intersection with the east line
said Southeast Quarter of the Southeast Quarter; thence southerly along said east line to the
southeast corner of said Southeast Quarter of the Southeast Quarter; thence west along said south
line to the point of beginning; which lies northerly of the northerly boundary of Minnesota
Department of Transportation Right of Way Plat Numbered 10-09 as the same is on file and of
record in the office of the County Recorder in and for said county.
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