Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Khaled Aloul for approval of a Conditional Use Permit and Site Plan, Planning
Case #2011 -04, for a convenience store with gas pumps and multiple buildings on a single lot, for
property zoned Highway and Business Services District (BH), located at 7905 Great Plains
Boulevard.
On April 19, 2011, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Khaled Aloul for a conditional use permit and site plan
approval for a convenience store with gas pumps and multiple buildings on a single lot, for property
located at 7905 Great Plains Boulevard. The Planning Commission conducted a public hearing on
the proposed Conditional Use Permit and 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 Highway and Business Services (BH).
2. The property is guided as Commercial by the 2030 Land Use Plan.
3. The legal description of the property is described as shown in Exhibit A.
4. Conditional Use Findings:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city..
Finding: The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. Approval of the
conditional use allows the continuation and intensification of the existing use and enhances
the appearance of the development.
b. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The proposed use is consistent with the city's comprehensive plan land use
designation and complies with the district regulations and standards.
c. 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.
Finding: The proposed use is designed, constructed, operated and maintained 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. The site is currently being used for a
convenience store with gas pumps. The surrounding uses are automobile - related uses.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed use and redevelopment of the gas station will not be hazardous or
disturb existing or planned neighboring uses. Currently there are multiple buildings located
on the subject site, a convenience store with gas pumps and an existing car wash. The
subject site is located in the Highway and Business Services (BH) District which permits
auto - related uses, including convenience stores with gas pumps. The surrounding properties
include auto repair and service and a gas station across Great Plains Boulevard.
e. 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.
Finding: The proposed use is served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community. The use is adequately served by
existing public facilities.
Finding: The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. 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.
Finding: The proposed use does 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. The use is compatible with the surrounding uses.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The proposed use has adequate vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
2
Finding: The proposed use does not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. Will be aesthetically compatible with the area.
Finding: The proposed use is aesthetically compatible with the area. The proposed
redevelopment of the site should enhance the appearance of this corner.
k. Will not depreciate surrounding property values.
Finding: The proposed use will not depreciate surrounding property values, but shall
enhance the surrounding properties.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use meets standards prescribed for certain uses as provided in the
CUP standards. The development complies with the BH district regulations and the design
standards for Commercial, Industrial and Office Institutional development.
5. In evaluating a Site Plan and building plan, the city shall consider the development's
compliance with the following:
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;
Finding: The proposed development is consistent with the elements and objectives of
the city's development guides and the comprehensive plan. The proposed development
enhances the commercial use, provides an important commercial service, is located in the
commercial core of the community and utilizes the existing infrastructure.
b. The proposed development is consistent with the site plan review requirements;
Finding: The proposed development is consistent with the site plan review requirements
as outlined in the City Code.
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;
Finding: The subject site is currently developed with a convenience store, gas pumps
with gas canopy and a car wash. The proposed development will be designed to keep
with the general appearance of the area; additional landscaping and a retention pond are
proposed as part of the site plan.
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;
Finding: The relationship of the proposed buildings and open space is harmonious with
the natural features and existing structures on the site. The applicant worked diligently
to design the site around the existing location of the car wash, gas pumps and gas canopy
and the requirements of the City Code. The proposed building has a better orientation the
surrounding public spaces.
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;
Finding: The proposed development maintains a sense of order. The drive aisle and
vehicle stacking area for the car wash is located around the convenience store and
will not interfere with customer parking or access to the gas pumps.
2) The amount and location of open space and landscaping;
Finding: The proposed development incorporates landscaping and a retention pond
and complies with the 65% site coverage as required in the BH zoning district.
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
Finding: The materials, textures, colors and details of construction are an
expression of the design concept. The architecture is repeated throughout the site, the
materials and elements are incorporated in each structure.
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.
Finding: The functionality of the vehicular and pedestrian circulation will not
interfere with one another. The vehicle stacking for the car wash is located around
the convenience store. The applicant is adding a sidewalk connection from the trail
along Hwy 5 to the convenience store.
f. Protects adjacent and neighboring properties through reasonable provision for surface
water drainage, sound and sight buffers, preservation of significant 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: Subject to the revisions contained in the staff report, the proposed site plan is
consistent with all plans and specifications and development design standards for the BH
District.
0
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Conditional Use
Permit and Site Plan, Planning Case #2011 -04, for a convenience store with gas pumps and
multiple buildings on a single lot, property located at 7805 Great Plains Boulevard, on property
zoned Highway and Business Services (BH) District.
ADOPTED by the Chanhassen Planning Commission this 19'�' day of April, 2011.
CHANHASSE bIAI COMMISSION
/7
BY:
Its Chairman
EXHIBIT A
Survey Metes and Bounds Description:
A survey of that part of Northwest quarter of the Northeast quarter, Section 13, Township 116
North, Range 19 West, of the 5 1 Principal Meridian, City of Chanhassen, Carver County, State
of Minnesota, more particularly described as follows:
Commencing at the Northwest corner of the Northwest quarter of the Northeast quarter; thence
South 00 degrees 25 minutes 29 seconds East 722.7 feet along the Westerly line of said quarter;
thence North 89 degrees 34 minutes 31 seconds East 60.66 feet along a line perpendicular to the
Westerly line of said quarter to a point of the Easterly right -of -way line of State Trunk Highway
101, and the point of beginning; thence continuing North 89 degrees 34 minutes 31 seconds East
335.35 feet along a line perpendicular to the Westerly line of said quarter; thence South 74
degrees 04 minutes 29 seconds East 62.66 feet to a point of the Northerly right -of -way line of
State Trunk Highway No. 5; thence South 59 degrees, 02 minutes 31 seconds 354.52 feet along
the Northerly right -of -way line of State Trunk Highway No. 5 to the Easterly corner of Parcel
209B of the Minnesota Department of Transportation right -of -way Plat No. 10 -4; thence South
89 degrees 50 minutes 18 seconds West 34.38 feet along the Northerly line of Parcel 209B to the
Westerly corner of said Parcel 209B; thence North 59 degrees 25 minutes 32 seconds West 65.53
feet to a point of the Easterly right -of -way line of State Trunk Highway No. 101; thence North
00 degrees 11 minutes 00 seconds East 163.84 feet along the Easterly right -of -way line of State
Trunk Highway No. 101 to the point of beginning, containing 49,414.5 square feet, or 1.134
acres.
2