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13-23 Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of NHH Chanhassen Partners, LLC for approval of a Site Plan, Planning Case #2013 -23, for the construction of an 10,443 square -foot single -story building, on property zoned Highway and Business Services District (BH), located at 7905 Great Plains Boulevard. On November 5, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of NHH Chanhassen Partners, LLC for site plan approval for a single -level multi -tenant building on property located at 7905 Great Plains Boulevard. 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 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. 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; 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; 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 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 development is consistent with the City's design requirements, the comprehensive plan, the zoning ordinance and the site plan review requirements with the exception of the area of the parking setbacks. Staff will work with the applicant to bring the plans into compliance. 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 proposed site plan is consistent with all plans and specifications and development design standards for the BH District. The Planning Commission recommends that the City Council approve the Site Plan, Planning Case #2013 -23, for an 10,443 square -foot single -story multi- tenant building on property located at 7905 Great Plains Boulevard, and zoned Highway and Business Services (BH) District. ADOPTED by the Chanhassen Planning Commission this 5a' day of November 2013. CHANHASSEN PLANNING COMMISSION BY: Its Chairman EXHIBIT A Property Descriotion: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW1 /4 OF NE1 /4) OF SECTION THIRTEEN (13), TOWNSHIP ONE HUNDRED SIXTEEN (116), RANGE TWENTY -THREE (23), CARVER COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NVV1 /4 OF NE1 /4); Ti-IENCE SOUTH ALONG WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW114 OF NE1 /4), SEVEN HUNDRED TWENTY-TWO AND SEVEN TENTHS (722.7) FEET TO THE ACTUAL POINT OF BEGINNING; THENC= EAST AT RIGHT ANGLES THREE HUNDRED NINETY -SIX (396) FEET; THENCE NORTH AT RIGHT ANGLES FORTY -FOUR AND EIGHTY -FIVE HUNDREDTHS (44,85) FEET; THENCE NORTHEASTERLY ON A LINE PARALLEL WITH AND ONE HUNDRED THIRTY -TWO (132) FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD A DISTANCE OF ONE HUNDRED SEVENTY AND TWENTY -FIVE HUNDREDTHS (170.25) FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHEAST QUARTER (NW114 OF NE1 /4) TO THE INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF NEW TRUNK HIGHWAY NO. 5; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE FOUR HUNDRED NINETY -SIX (496) FEET, MORE OF LESS, TO A POINT BEING ONE HUNDRED (100) FEET NORTHEASTERLY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE AND THE EASTERLY RIGHT OF WAY EXTEND OF TRUNK HIGHWAY NO. 101; THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHTOF WAY LINE OF NEW TRUNK HIGHWAY NO.5 NINETY -SIX (96) FEET, MORE OF LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF TRUNK HIGHWAY NO. 101, SAID POINT BEING ONE HUNDRED (100) FEET NORTHERLY FROM THE INTERSECTION OF NEW TRUNK HIGHWAY NO. 5 RIGHT OF WAY LINE AND TRUNK HIGHWAY NO.101 RIGHT OF WAY LINE EXTENDED; THENCE WESTERLY ALONG NORTHERLY RIGHT OF WAY LINE OF THE NEW TRUNK HIGHWAY NO, 5 ACROSS TRUNK HIGHWAY NO, 101 TO THE INTERSECTION WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF NORTHEAST QUARTER (NW114 OF NE1 14); THENCE NORTHERLY ALONG SAID WEST LINE TO THE ACTUAL POINT OF BEGINNING, AND SITUATE IN CARVER COUNTY, MINNESOTA, EXCEPT THE PLAT OF GATEWAY EAST, ACCORDING TO THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, CARVER COUNTY, MINNESOTA_ ABSTRACT.