Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of D. R. Horton - Planning Case No. 06-09 Pioneer Pass
Request for a comprehensive plan Land Use Amendment from Residential- Medium
Density and OfficelIndustrial to Residential- Low Density (approximately 43 acres); Rezoning
from Agricultural Estate District, A2, to Residential Low and Medium Density District, RLM
(approximately 43 acres); Preliminary Plat creating 82 lots, 8 outlots and right-of-way for public
streets (approximately 73 acres); Conditional Use Permit for development within the bluff creek
overlay district with a Variance for encroachment into the primary zone; and a Wetland
Alteration Permit for the grading and filling of wetlands on property located north of Pioneer Trail
(1600 Pioneer Trail) at future Highway 312.
On March 21, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of D. R. Horton for a single-family residential development.
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 Agricultural Estate District, A2.
2. The property is guided in the Land Use Plan for Residential- Medium Density and
Office/Industrial
3. The legal description of the property is: The Southwest Quarter of the Northwest Quarter
of Section 26, Township 116, Range 23 West; and the East half of the Northeast Quarter
of Section 27, Township 116, Range 23 West, Carver County, Minnesota.
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.
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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 and planned 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. SUBDIVISION FINDINGS
a) The proposed subdivision is consistent with the zoning ordinance and meets all the
requirements of the "RLM" Residential Low Medium Density District.
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 environmental damage subject
to compliance with conditions of approval;
f) The proposed subdivision will not conflict with easements of record, but rather will
expand and provide all necessary easements.
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.
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 will meet standards prescribed for certain uses as
provided in Chapter 20, Articles IV, V and VI of the Chanhassen City Code.
7. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a) That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Due to the topography of the site, the
construction of the storm water pond in the primary zone is a reasonable request.
b) The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
c) The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
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d) The alleged difficulty or hardship is not a self-created hardship.
e) The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is
located.
f) The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
8. The planning report #06-09 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 proposed
development including a comprehensive plan Land Use Amendment from Residential- Medium
Density and OfficelIndustrial to Residential- Low Density (approximately 43 acres); Rezoning
from Agricultural Estate District, A2, to Residential Low and Medium Density District, RLM
(approximately 43 acres); Preliminary Plat creating 81 lots, 9 outlots and right-of-way for public
streets (approximately 73 acres); Conditional Use Permit for development within the bluff creek
overlay district with a Variance for encroachment into the primary zone; and a Wetland
Alteration Permit for the grading and filling of wetlands
ADOPTED by the Chanhassen Planning Commission this 21st day of March, 2006.
CHANHASSEN PLANNING COMMISSION
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