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Findings of Fact and Recommendation oct." ~I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Bruno Silikowski for Site Plan Review. On August 18,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Bruno Silikowski for a site plan review for the property located at 8200 Audubon Road. The Planning Commission conducted a public hearing on the proposed site plan 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 Industrial Office Park (lOP). 2. The property is guided by the Land Use Plan for office/industrial uses and Parks and Open Space. 3. The legal description of the property is: See Exhibit A 4. Site Plan Review, Section 20-110: a. The proposed development 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. The proposed development is consistent with the site plan review requirements; c. The proposed development 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; d. 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; 1 e. The proposed development 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. 5. The planning report #09-13 dated August 18,2009, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that City Council approve the amendment to the site plan for Auto Motorplex, Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff report. ADOPTED by the Chanhassen Planning Commission this 18th day of August, 2009. CHANHASSEN PLANNING COMMISSION BYCI ~ 'V- It irman ~ 2 EXHIBIT A Legal Description That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the 5th Principal Meridian described as follows: Beginning at the Northeast comer of said Southeast Quarter thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said Southeast Quarter a distance of 2614.22 feet to the Northwest comer of said Southeast Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43 minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03 minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57 minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet; thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51 feel along the east line of said Section 15 to the point of beginning, according to the Government Survey thereof,. Subject to easement for County State Aid Highway 17. EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as follows: Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township 116, Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South 89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a distance of 718.45 feet to the point of beginning of the centerline to be described: thence South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12 degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42 minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26 seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78 feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds; thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22 degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54 minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes 10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said point a distance of 586.57 feet Northeasterly of the Southwest comer of the above described property, as measured along said Northerly Railroad line, and said line there terminating. That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116 Range 23 West of the 5th Principal Meridian described as: Beginning in the Southeast comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet; thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79 feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the Northeast Quarter a distance of 738.57 feet to the point of beginning, according to Government Survey thereof. Subject to easement for County State Aid Highway No. 17. Torrens Certificate No 24463 4