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Findings of Fact and Recommendation CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of SouthWest Transit and City of Chanhassen for the following: Preliminary Plat and Site Plan Approval with variances for the construction of a parking ramp on property zoned Central Business District - Planning Case 2009-18 On November 17, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of SouthWest Transit and City of Chanhassen for a Preliminary Plat and Site Plan Approval with variances for the construction of a parking ramp. The Planning Commission conducted a public hearing on the proposed application 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 Central Business District, CBD. 2. The property is guided in the Land Use Plan for Commercial. 3. The legal description of the property is shown on the attached Exhibit A. 4. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a. Consistency 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. Consistency with this division. c. Preservation of 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. Creation of 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. Creation of functional and harmonious design for structures and site features, with special attention to the following: 1 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. 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. Protection of 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. In evaluating a variance, the city shall consider the development's compliance with the following: 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. 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 there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 2 6. In evaluating a subdivision, the city shall consider the development's compliance with the following: 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. The planning report #09-18, dated November 17, 2009, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve Preliminary Plat and Site Plan Approval with variances for the construction of a parking ramp - Planning Case 2009-18. ADOPTED by the Chanhassen Planning Commission this 17th day of November, 2009. CHANHASSEN PLANNING COMMISSION ~ BY: . / ' . .....- , ts Chai n J . 3 Tract 1: That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, described as follows: Commencing at a point on the North line of said Section 13, distant 312.0 feet West from the North Quarter corner thereof; thence South at right angles to said North line 33.0 feet to the actual point of beginning; thence continuing South along the last described course 94.66 feet to the Southerly right-of-way line of Highway 101, thence Southeasterly along said Southerly right-of-way line a distance of 12.58 feet along a curve concave to the Southwest, having a delta of 2 degrees 33 minutes 55 seconds and a radius of 281.00 feet; thence South 38 degrees 51 minutes 39 seconds East a distance of 235.02 feet; thence South 56 degrees 58 minutes 06 seconds West a distance of 197.68 feet; thence North 88 degrees 06 minutes 20 seconds West, parallel with the North line of said section, a distance of 354.91 feet; thence North 1 degree 11 minutes 04 seconds East a distance of 76.15 feet; thence West parallel with said North line 311.88 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter a distance of 319.03 feet to a point 33.0 feet South of the North line of said Section 13; thence East parallel with said North line a distance of 675.18 feet to the point of beginning, Carver County, Minnesota. Excepting from the above described parcel the following: Parcell: All that part of the following described property: That part of the Northeast Quarter of the Northwest Quarter (NE X of NW X) of Section 13, Township 116, Range 23, described as follows: Commencing at the Northeast corner of said Quarter-Quarter; thence West along the North line of said Quarter- Quarter distant 252.0 feet to the actual point of beginning of the tract to be described; thence continuing West along said North line 60.0 feet; thence South parallel with the East line of said Quarter- Quarter distant 378.0 feet to the Northerly right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence East along said Railroad right-of-way 120.0 feet to a point 192 feet West of the East line of said Quarter-Quarter; thence North parallel with said East line 75.0 feet to a point 303.0 feet South of the North line of said Quarter-Quarter; thence West parallel with said North line 60.0 feet; thence North 303.0 feet to the actual point of beginning; except that part of the above described premises taken for highway purposes. Which lies Northerly of a line drawn parallel and/or concentric with and distant 50.00 feet Southeasterly from the following described line: Commencing at a point distant 5.00 feet South from said Northeast corner of the Northwest Quarter as measured at a right angle from the North line of said Northwest Quarter; thence on an assumed bearing of West parallel with said North line of the Northwest Quarter for 600.00 feet; thence on a bearing of East for 107.01 feet to the actual point of beginning of said line; thence Easterly and Southeasterly for 257.84 feet along a tangential curve concave to the Southwest having a radius of 300.00 feet and a central angle of 49 degrees 14 minutes 41 seconds; thence South 40 degrees 45 minutes 19 seconds East, tangent to said curve, for 351.48 feet; thence Southeasterly and Southerly for 249.72 feet along a tangential curve concave to the Southwest having a radius of 344.92 feet and a central angle of 41 degrees 28 minutes 55 seconds, and said line there terminating. Said point of termination of said line is more particularly described as follows: Commencing at said Northeast corner of the Northwest Quarter; thence Southerly along the East line of said Northwest Quarter for 605.95 feet; thence Easterly perpenditular to the last described line for 32.13 feet to said point of termination. And all that part of the following described property: Commencing at a point 20 rods South of the Northeast corner of the Northwest Quarter of Section 13, Township 116, Range 23, thence running West 8 rods; thence South at right angles to the last line to the North line of the right-of-way of the Hastings and Dakota Division of the Chicago, Milwaukee and St. Paul Railway Company; thence Easterly along said North line of said right-of-way to a point where the North and South center line of said Section 13 strikes said North line of said right-of-way of said Railway Company; thence North on said center line to place of beginning, situated in the Northeast Quarter of the Northwest Quarter of said Section 13, containing 13/100 acres more or less. Except that part ofthe above described property conveyed in Deed Book 128, page 214 files of the Carver County Recorder, Carver County, Minnesota, and being more particularly described as being the North 21.5 feet of the above described property. PARCEL 2: All that part of the following described property: All that part of the Northeast Quarter of the Northwest Quarter (NE :!4 of NW :!4) of Section Thirteen (B), Township One Hundred Sixteen (116), Range Twenty Three (23), lying West of a line drawn parallel with and distant 312 feet West of the North and South Quarter section line of said Section Thirteen (B), North of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railway Company and East of the following described line, to-wit: Beginning at a point 537 feet West and 33 feet South of the Northeast corner of the Northeast Quarter of the Northwest Quarter (NE :!4 of NW:!4) of said Section Thirteen (13); thence South at right angles to the North Line of said Section 155 feet to the Southeast corner of the tract of land described in Book 30 of Deeds, page 459; thence West at right angles 25 feet; thence South and parallel with the West line of said Northeast Quarter of the Northwest Quarter (NE :!4 of NW :!4) to the North line of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railway. And all that part of the following described property: That part of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-of-way in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter (NE :!4 of NE :!4 of NW:!4) of Section 13, Township 116 North, Range 23 West, in the Village of Chanhassen, Carver County, Minnesota, which lies Northerly of a line distant fifty six and one half feet (56.5') Northerly of, (measured at right angles and radially to) and parallel with the center line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company's main track as now there laid and established, said right-of-way having been acquired by Warranty Deed from John P. Rosbach and wife to Hastings and Dakota Railway Company (predecessor of the Chicago, Milwaukee and St. Paul Railway Company) dated October 9,1880 and recorded in Book 5 of Deeds, pages 483 and 484 in Register of Deeds Office of Carver County and by two Warranty Deeds from John P. Rosbach and wife to Chicago, Milwaukee and St. Paul Railway Company (predecessor to the Chicago, Milwaukee, St. Paul and Pacific Railway Company) one dated July 21, 1881, recorded in Register of Deeds Office in Book "Y", page 427 and 428 and the other dated July 15, 1912, recorded in Book 23 of Deeds, page 311. Which lies Northerly of a line drawn parallel and/or concentric with and distant 50.00 feet southwesterly from the following described line: Commencing at a point distant 5.00 feet South from said Northeast corner of the Northwest Quarter as measured at a right angle from the North line of said Northwest Quarter'; thence on an assumed bearing of West parallel with said North line of the Northwest Quarter for 600.00 feet; thence on a bearing of East for 107.01 feet to the actual point of beginning of said line; thence Easterly and Southeasterly for 257.84 feet along a tangential curve concave to the Southwest having a radius of 300.00 feet and a central angle of 49 degrees 14 minutes 41 seconds; thence South 40 degrees 45 minutes 19 seconds East, tangent to said curve, for 351.48 feet; thence Southeasterly and Southerly for 249.72 feet along a tangential curve concave to the Southwest having a radius of 344.92 feet and a central angle of 41 degrees 28 minutes 55 seconds and said line there terminating. Said point of termination of said line is more particularly described as follows: Commencing at said Northeast corner of the Northwest Quarter; thence Southerly along the East line of said Northwest Quarter for 605.95 feet; thence Easterly perpendicular to the last described line for 32.13 feet to said point of termination. PARCEL 3: Commencing at the Northeast (NE) corner of the Northeast Quarter of the Northwest Quarter (NE Ji4 NW Ji4) Section 13, Township 116, Range 23; thence West along the North line of said Quarter-Quarter, a distance of 252 feet to the actual point of beginning of tract of land to be described; thence South parallel with the East line of said Quarter-Quarter distant 303 feet; thence East parallel with the North line of said Quarter-Quarter a distance of 60 feet; thence North parallel with the East line of said Quarter-Quarter line a distance of 303 feet; thence West 60 feet to the point of beginning. Situate in the Northeast Quarter of the Northwest Quarter (NE Ji4 NW Ji4) of Section 13, Township 116, Range 23. Subject to street and road easements and any encumbrances or deeds of record. AND That part of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South along the East line of said Northwest Quarter a distance of 351.5 feet; thence West at right angles 192.0 feet more or less to its intersection with a line 192.0 feet West of and parallel with the East line of said Northwest Quarter, as measured along a line parallel with the North line of said Northwest Quarter, to the actual point of beginning; thence continuing along the last described course 15.0 feet; thence North parallel with the East line of said NOrthwest Quarter to a line 303.0 feet South of and parallel with the North line of said Northwest Quarter; as measured along a line parallel with the East line of said Northwest Quarter; thence East parallel with the North line of said Northwest Quarter a distance of 15.0 feet to a line 192.0 feet West of and parallel with the East line of said Northwest Quarter, as measured along a line parallel with the North line of said Northwest Quarter; thence South parallel with the East line of said Northwest Quarter to the point of beginning. Tract 2: That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range 23 which lies North of a line parallel with and 56.50 feet northerly of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company main track center line as now laid out and established, East of the plat of Frontier Cinema Addition, lying West of the Westerly line of Highway 101 and South of that part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116, Range 23, described as follows: Commencing at a point on the North line of said Section 13, distant 312.0 feet West from the North Quarter corner thereof; thence South at right angles to said North line 33.0 feet to the actual point of beginning; thence continuing South along the last described course 94.66 feet to the Southerly right-of way line of Highway 101, thence Southeasterly along said Southerly right-of- way line a distance of 12.58 feet along a curve concave to the Southwest, having a delta of 2 degrees 33 minutes 55 seconds and a radius of 281.00 feet; thence South 38 degrees 51 minutes 39 seconds East a distance of 235.02 feet; thence South 56 degrees 58 minutes 06 seconds West a distance of 197.68 feet; thence North 88 degrees 06 minutes 20 seconds West, parallel with the North line of said section, a distance of 354.91 feet; thence North 1 degree 11 minutes 04 seconds East a distance of 76.15 feet; thence West parallel with said north line 311.88 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter a distance of 319.03 feet to a point 33.0 feet South of the North line of said Section 13; thence East parallel with said North line a distance of 675.18 feet to the point of beginning, Carver County, Minnesota. Ecept that part Commencing at a point, said point being the northeast corner of the Northwest Quarter of Section 13, Township 116, Range 23; running thence West on the North Section line of Section 13, Township and Range aforesaid, a distance of 252 feet; thence due South a distance of 188 feet to a point; thence due East a distance of 60 feet to a point which is the point of beginning of the land herein to be described; thence due South a distance of 196 feet to a point; thence due East a distance of 60 feet to a point; thence due North a distance of 196 feet to a point; thence due West a distance of 60 feet to the place of beginning. Said tract being in the NEl/4 of NW 1/4 of Section 13, Township 116, Range 23 West. And except the following described parcel: That part of the Northwest Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South along the East line of said Northwest Quarter a distance of 351.5 feet; thence West at right angles 192.0 feet more or less to its intersection with a line 192.0 feet West of and parallel with the East line of said Northwest Quarter, as measured along a line parallel with the North line of said Northwest Quarter, to the actual point of beginning; thence continuing along the last described course 15.0 feet; thence North parallel with the East line of said Northwest Quarter to a line 303.0 feet South of and parallel with the North line of said Northwest Quarter; as measured along a line parallel with the East line of said Northwest Quarter; thence East parallel with the North line of said Northwest Quarter a distance of 15.0 feet to a line 192.0 feet West of and parallel with the East line of said Northwest Quarter, as measured along a line parallel with the North line of said Northwest Quarter; thence South parallel with the East line of said Northwest Quarter to the point of beginning. Tract 3: All that part of the following described property: That part of the Northeast Quarter of the Northwest Quarter (NE }I,; of NW }I,;) of Section 13, Township 116, Range 23, described as follows: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter, Section 13, Township 116, Range 23; thence west along the north line of said Northeast Quarter of the Northwest Quarter a distance of 252.00 feet to the point of beginning of the tract to be described; thence south parallel with the east line of said Northeast Quarter of the Northwest Quarter a distance of 303.00 feet; thence east parallel with the north line of said Northeast Quarter of the Northwest Quarter a distance of 60.00 feet; thence north parallel with the east line of said Northeast Quarter of the Northwest Quarter a distance of 303.00 feet; thence west 60.00 feet to the point of beginning. Which lies Southerly of a line drawn parallel and/or concentric with and distant 50.00 feet southeasterly from the following described line: Commencing at a point distant 5.00 feet South from said Northeast corner of the Northwest Quarter as measured at a right angle from the North line of said Northwest Quarter; thence on an assumed bearing of West parallel with said North line of the Northwest Quarter for 600.00 feet; thence on a bearing of East for 107.01 feet to the actual point of beginning of said line; thence Easterly and Southeasterly for 257.84 feet along a tangential curve concave to the Southwest having a radius of 300.00 feet and a central angle of 49 degrees 14 minutes 41 seconds; thence South 40 degrees 45 minutes 19 seconds East, tangent to said curve, for 351.48 feet; thence Southeasterly and Southerly for 249.72 feet along a tangential curve concave to the Southwest having a radius of 344.92 feet and a central angle of 41 degrees 28 minutes 55 seconds, arid said line there terminating. And That part of the Northwest Quarter of Section 13, township 113, Range 23, Carver County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence south along the east line of said Northwest Quarter a distance of 351.5 feet; thence west at right angles 192.00 feet more or less to its intersection with a line 192.00 feet west of and parallel with the east line of said Northwest Quarter, as measured along a line parallel with the north line of said Northwest Quarter, to the actual point of beginning; thence continue along the last described course 15.00 feet; thence north parallel with the east line of said Northwest Quarter to a line 303.00 feet south of and parallel with the north line of said Northwest Quarter, as measured along a line parallel with the east line of said Northwest Quarter; thence east parallel with the north line of said Northwest Quarter a distance of 15.00 feet to a line 192.00 feet west of and parallel with the east line of said Northwest Quarter, as measured along a line parallel with the north line of said Northwest Quarter; thence south parallel with the east line. of said Northwest Quarter to the point of beginning. AND Outlot A, Old Village Hall, According to the recorded plat thereof Tract 4: That part of Outlot A, Frontier Cinema Addition, Carver County, Minnesota, described as follows: Commencing at the southeast corner of Outlot A, Frontier Cinema Addition, Carver County, Minnesota; thence North 00 degrees 33 minutes 26 seconds West, an assumed bearing, along the east line of said Outlot A, a distance of 110.00 feet; thence North 17 degrees 52 minutes 40 seconds East along said east line of Outlot A, a distance of 6.11 feet to the point of beginning; thence North 11 degrees 09 minutes 45 seconds West a distance of 98.29 feet; thence North 78 degrees 50 minutes 15 seconds East a distance of 31.70 feet to said east line of Outlot A; thence southerly along said east line of Outlot A to the point of beginning.