Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of SouthWest Metro Transit for Planned Unit Development Amendment to the existing
standards, a Variance to allow reduced setbacks from collector roads, Preliminary Plat to subdivide 10.01
acres into 35 lots and 3 outlots - Southwest Village, and Site Plan Review for the construction of two
multi-tenant commercial buildings, a parking ramp, 1 six-plex, 3 five plexes, and 3 four-plexes -
Planning Case 06-18
On May 16,2006, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of SouthWest Metro Transit for the following:
1. Planned Unit Development Amendment to the existing standards.
2. A Variance to allow reduced setbacks from collector roads.
3. Preliminary Plat to subdivide 10.01 acres into 35 lots and 3 outlots, SouthWest
Village.
4. Site Plan Review for the construction of two multi-tenant commercial buildings, a
parking ramp, 1 six-plex, 3 five-plexes, and 3 four-plexes.
The Planning Commission conducted a public hearing on the proposed development which was
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 Planned Unit Development District.
2. The property is guided by the Land Use Plan for Mixed Use.
3. The legal description of the property is attached as Exhibit A.
4. Section 20-110 Site Plan:
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 this division;
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 the 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.
5. Section 20-58 Variance:
a. That the literal enforcement of this chapter would cause undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances but to recognize that and develop neighborhoods where pre-
existing standards exist. Variances that blend with these pre-existing standards without
departing downward from them, meet this criteria.
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.
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 increases the danger
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of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
6. Section 18-39 Subdivision
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;
f. The proposed subdivision will not conflict with easements of record.
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 dedicated and improved public streets.
3. Lack of adequate sanitary sewer systems and not ISTS (individual sewer treatment
system).
4. Lack of adequate off-site public improvements or support systems.
7. Planned Unit Development Amendment
The proposed amendment to the PUD is consistent with the Neighborhood Commercial
Guidelines outlined within the comprehensive plan.
8. The planning report 06-18 dated May 16,2006, prepared by Sharmeen AI-Jaff, is
incorporated herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Site Plan
Review, Subdivision, Planned Unit Development Amendment and Variance.
ADOPTED by the Chanhassen Planning Commission this 16th day of May, 2006.
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EXlllBIT A
PROPOSED PROPERTY DESCRIPTION
That part of the Southwest Quarter of the Northwest Quarter
of Section 24, Township 116, Range 23, Carver County,
Minnesota, described as commencing at the southwest corner
of said Southwest Quarter of the Northwest Quarter of Section
24; thence on an assumed bearing of South 89 degrees 47
minutes 46 seconds East, along the south line of said
Southwest Quarter of the Northwest Quarter of Section 24, a
distance of 744.01 feet; thence North 0 degrees 01 minute
22 seconds West a distance of 47.00 feet to a line 47.00 .
feet northerly of and parallel with said south line of the
Southwest Quarter of the Northwest Quarter of Section 24 and
the point of beginning of the land to be described; thence
continuing North 0 degrees 0 I minute 22 seconds West a
distance of 742.42 feet; thence easterly a distance of 151.20
feet on a non-tangential curve concave to the south, having
a radius of 193.97 feet, a central angle of 44 degrees 39
minutes 43 seconds and a chord which bears North 88
degrees 51 minutes 10 seconds East; thence South 58
degrees 37 minutes 05 seconds East, not tangent to said
curve, a distance of 14.84 feet; thence easterly a distance of
12.06 feet on a tangential curve concave to the north, having
a radius of 22.00 feet and a central angle of 31 degrees 24
minutes 19 seconds; thence North 89 degrees 58 minutes 35
seconds East, tangent to the last described curve, a distance
of 112.61 feet; thence easterly a distance of 114.68 feet on a
tangential curve concave to the north, having a radius of
675.00 feet and a central angle of 9 degrees 44 minutes 03
seconds; thence North 80 degrees 14 minutes 33 seconds
East, tangent to the last described curve, a distance of 88.70
feet; thence North 64 degrees 16 minutes 27 seconds East a
distance of 51.29 feet; thence North 66 degrees 16 minutes
00 seconds East a distance of 52.40 feet to the east line of
said Southwest Quarter of the Northwest Quarter of Section
24; thence South 0 degrees 06 minutes 58 seconds East,
along said east line of the Southwest Quarter of the
Northwest Quarter of Section 24, a distance of 804.69 feet to
said line 47.00 feet northerly of and parallel with the south
line of the Southwest Quarter of the Northwest Quarter of
Section 24; thence North 89 degrees 47 minutes 46 seconds
West, along said parallel line, a distance of 581.16 feet to the
point of beginning.
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