Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MlNNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Town & Country Homes:
Rezoning of property from A-2 to PUD-R; Subdivision of approximately 36.01 acres into 29 lots,
5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use
Permit for alterations within the flood plain and development within the Bluff Creek Overlay
District. The property is located east of Audubon Road, north of Pioneer Trail and northwest of
future Highway 312 (1500 Pioneer Trail) - LIBERTY AT CREEKSIDE.
On March 21, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Town & Country Homes for a townhouse project. The
Planning Commission conducted a public hearing on the proposed Planned Unit 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 Agricultural Estate District, A2.
2. The property is guided in the Land Use Plan for Residential - Medium Density uses.
3. The legal description of the property is: (See attached Exhibit A).
4. 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.
b) The proposed use is or will be 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.
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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.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects of the proposed subdivision. The seven (7) effects 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 significant adverse 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. 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 will be consistent with the objectives of the city's
comprehensive plan and this chapter.
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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.
1. 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 will meet standards prescribed for certain uses as provided
in Chapter 20, Articles IV, V and VI of the Chanhassen City Code.
7. Site Plan Review requires that the proposed development:
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;
b. Is consistent with Chapter 20, Article IT, Division 6, Site Plan Review 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 of the neighboring developed or developing areas;
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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;
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.
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.
8. The planning report #05-24 dated March 21, 2006, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Rezoning of
property from Agricultural Estate District, A-2, to Planned Unit Development - Residential, PUD-
R; Subdivision of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site
Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood
plain and development within the Bluff Creek Overlay District.
ADOPTED by the Chanhassen Planning Commission this 21 st day of March, 2006.
G COMMISSION
BY:
Its Chairman
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