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Findings of Fact and Recommendation3 o CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Kraus- Anderson, Inc. for the following: 1. Planned Unit Development Amendment to the existing standards —Chanhassen Gateway. 2. Site Plan Review for the construction of a multi -tenant building with a drive -thru serving a fast food restaurant (Building 4B). On March 5, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Kraus- Anderson, Inc. for a Planned Unit Development Amendment and Site Plan Review (Planning Case 2013 -06). The Planning Commission conducted a public hearing on the proposed Site Plan and Planned Unit Development Amendment 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 -Mixed Use, PUD -Mixed Use. 2. The property is guided in the Land Use Plan for Mixed Use. 3. The legal description of the property is Lot 2, Block 1, Crossroads of Chanhassen. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment. The six (6) effects 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 site is guided mixed use (residential and neighborhood commercial). A drive - thru window for a restaurant will add a convenient purchasing method. It will be screened from views. b) The proposed use is or will be compatible with the present and future land uses of the area. Finding: The proposed use is and will be compatible with the present and future land uses of the area through the implementation of the design standards, landscaping, architecture, etc. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed use will conform with all performance standards contained in the Zoning Ordinance such as design standards, signage, durable materials, uses, etc. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. Finding: The proposed use is intended to meet the daily needs of the area. It could potentially add convenience to the homeowners in the area. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Finding: The site is located within the Municipal Urban Service Area. The proposed use can be 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, traffic generation by the proposed use is within capabilities of streets serving the property. 5. 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. 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. 2 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. Findine: The proposed development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance, the design standards, and the site plan review requirements with the exception of the area of the building which will require a PUD amendment. Staff is recommending approval of the request with conditions. The site design is compatible with the surrounding developments. It is functional and harmonious with the approved development for this area. The Planning Commission regards the project as a reasonable use of the land. The overall design is sensitive to the City's image. 7. The planning report #2013 -06, dated March 5, 2013, prepared by Sharmeen Al -Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development Amendment to the Chanhassen Gateway PUD and Site Plan for a multi-tenant building with a drive -thru serving a fast food restaurant (Building 4B). ADOPTED by the Chanhassen Planning Commission this 5a' day of March, 2013. CHANHASSEN PL ISSION BY: Its Chairman