Loading...
Findings of Fact and Recommendation Oc:'1 -0 g; CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Eden Trace Corp. and Chanhassen Business Center LLP for an amendment to the Chanhassen Business Center PUD to permit the subdivision of the property; and the Subdivision of property into two lots. On July 21,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corp. and Chanhassen Business Center LLP for a minor PUD amendment and the subdivision of a property into two lots. The Planning Commission conducted a public hearing on the proposed amendment and subdivision 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, PUD, light industrial/office park. 2. The property is guided in the Land Use Plan for Office/Industrial uses. 3. The legal description of the property is Lot 2, Block 1, Chanhassen Business Center 4th Addition. 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. Finding: The amendment permitting the subdivision is consistent with the Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. Finding: The proposed use is compatible with the present and future land uses of the area through the implementation of the design standards. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. 1 Finding: The proposed use conforms with all performance standards contained in the PUD standards and the City Zoning Code. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. Finding: The proposed use will not change. The platting of the property will only impact ownership and conveyance. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Finding: The proposed use is 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. Finding: Based upon traffic studies conducted by the applicant's traffic engineer, at the time of the original approval for Chanhassen Business Center, 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 affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and the PUD standards for Chanhassen Business Center; 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; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 2 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. The planning report #09-08, dated August 21,2009, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development amendment permitting the subdivision of the property and the Subdivision of property into two lots. ADOPTED by the Chanhassen Planning Commission this 21st day of August, 2009. CHANHASSEN PLANNING COMMISSION BY:~ ts hai n ---- g:\plan\2009 planning cases\09-08 chanhassen business center pud amendment & subdivision\findings of fact.doc 3