Loading...
08-07 Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Eden Trace Corporation/IDI Distributors and Equitable Holding Company LLC for Subdivision approval of seven acres into two lots and public right-of-way; Site Plan approval for a 71,500 square-foot, two-story, office-warehouse building to be built in two phases (55,200 square-foot two-story office/warehouse building with a future 16,272 square-foot expansion); and a Wetland Alteration Permit to alter or fill wetlands on site. On March 18,2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corporation/IDI Distributors and Equitable Holding Company LLC for subdivision, site plan and wetland alteration approval. 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 Industrial Office Park, lOP. 2. The property is guided in the Land Use Plan for Office/Industrial. 3. The legal description of the property is: Part of the North half of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the west line of said North half of the Southwest Quarter, 821.90 feet, measured along said west line, southerly pf the northwest comer of said North Half of the Southwest Quarter said west line assumed to bear South 2 degrees 11 minutes 01 seconds East; thence North 87 degrees 48 minutes 59 seconds East, a distance of 550.00 feet; thence North 2 degrees 11 minutes 01 seconds West, parallel with said west line, a distance of 180.00 feet; thence North 32 degrees 05 minutes 05 seconds West, a distance of 662.31 feet to the southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, as recorded in Bock 23 of Deed, page 266; thence South 55 degrees 32 minutes 41 seconds West, along said southeasterly right of way line, a distance of 260.00 feet to said west line of the North half of the Southwest quarter; thence South 2 degrees 11 minutes 01 seconds East, along said west line, a distance of 615.32 feet to the point of beginning. Subject to County Road No. 17 over the westerly 33.00 feet of the above described parcel. 4. 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: 1 a. The proposed subdivision is consistent with the zoning ordinance; Finding: The proposed subdivision exceeds the minimum requirements of the lOP district regulations. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all city, county and regional plans, specifically, the City of Chanhassen Comprehensive Plan which guides the property for Office/Industrial uses. 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; Finding: The physical characteristics of the site are suitable for the proposed development subject to the conditions of the staff report. 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; Finding: The proposed subdivision is served by adequate urban infrastructure subject to compliance with the conditions of approval. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage and shall provide storm water management/water quality improvements as well as install additional landscaping. f. The proposed subdivision will not conflict with easements of record; and Finding: The proposed subdivision will not conflict with easements of record and will provide additional drainage and utility 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. 2 Finding: The proposed subdivision is served by adequate urban infrastructure subject to compliance with the conditions of approval. 5. 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. b. Is consistent with site plan division; Finding: The proposed development is 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 of the neighboring developed or developing or developing areas; Finding: The site has been significantly altered by previous uses on the parcel. The proposed development designs grade changes to be 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 3 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. e. 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. 6. Wetland Alteration (follows Conditional Use Permit criteria): a. The proposed project 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 project will be consistent with the objectives of the city's comprehensive plan and the zoning chapter of the City Code. c. The proposed project 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 project will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed project 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 project ill not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed project 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 project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 4 I. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed project will be aesthetically compatible with the area. k. The proposed project will not depreciate surrounding property values. 1. The proposed project will meet standards prescribed for certain uses as provided in this article. 7. The planning report #08-07, dated March 18, 2008 prepared by Robert Generous, et aI, is incorporated herein. 5 RECOMMENDA TION The Planning Commission recommends that the City Council approve the Subdivision for Audubon Corporate Center, the Site Plan for IDI Distributors and a Wetland Alteration Permit subject to the recommended conditions of approval contained within the staff report. ADOPTED by the Chanhassen Planning Commission this 18th day of March 2008. CHANHASSEN PLANNING COMMISSION BY: 6