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Findings of Fact-1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Alliant Engineering, Inc. and Chaska Gateway Partners Limited for an amendment to the Planned Unit Development to permit a health club, Site Plan Review for a two-story, 109,000 square foot health club with a pool and two three-story, 100,000 square feet office buildings, and the temporary use of a sales/membership trailer with variance to permit two rows of parking along Highway 5. On July 20,2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Alliant Engineering, Inc. and Chaska Gateway Partners Limited. for an amendment to the development design standards to permit health clubs as permitted use and a site plan review with parking variances for the property located at the southeast corner of TH 5 and TH 41, Outlot A, Arboretum Business Park 4th Addition. The Planning Commission conducted a public hearing on the proposed amendment and site plan with variance 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 Planned Unit Development, POO. 2. The property is guided by the Land Use Plan for office/industrial uses. 3. The legal description of the property is: Outlot A, Arboretum Business Park 4th Addition to be platted as Lot 1, Block 1, Arboretum Business Park 7th Addition 1 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment to the Arboretum Business Park POO design standards to permit a health club as a permitted use. The six (6) affects 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 as a health club is considered a support use in the industrial district. b) The proposed use is compatible with and complement the present and future land uses of the area. c) The proposed use conforms to all performance standards contained in the Zoning Ordinance including compatibility with adjacent uses, setback and height, and traffic circulation requirements. d) The proposed use will not tend depreciate but will enhance the area in which it is proposed by providing a compatible and supportive use. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity as the subdivision is provided with adequate infrastructure to accommodate the use. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. Section 20-110, Site Plan: (1) 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; (2) Is consistent with the site plan requirements; (3) The site was previously impacted by rough grading for Arboretum Business Park. The proposed development is in keeping with the general appearance of the neighboring developed or developing areas; 2 (4) 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; (5) Creates a functional and harmonious design for structures and site features, with special attention to the following: a. 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; b. The amount and location of open space and landscaping; c. 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 d. 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. (6) 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. 6. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance to the parking standards unless they find the following facts: a. The literal enforcement of this chapter would not 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. The site is sufficiently large to accommodate all the required parking in conformance with the zoning ordinance. b. The conditions upon which a petition for a variance is based are applicable, generally, to other property within the same zoning classification. The city design standards require that the majority of the parking be located behind or to the side of the buildings. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. 3 d. The alleged difficulty or hardship is a self-created hardship. The proposed development can accommodate all the parking in conformance with the design standards. 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. Development of the site will enhance the neighborhood and community. 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. 7. The planning report #04-22 dated July 20,2004, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the amendment permitting a health club as a permitted use on Outlot A, Arboretum Business Park 4th Addition (Outlot A, Arboretum Business Park 4th Addition to be platted as Lot 1, Block 1, Arboretum Business Park 7th Addition), and the site plan for a two-story, 109,000 square foot health club with a pool and two three-story, 100,000 square feet office buildings, and the temporary use of a sales/membership trailer. The Planning Commission recommends that the City Council deny the parking variance for two rows of parking between Office Building 1 and Highway 5. ADOPTED by the Chanhassen Planning Commission this 20th day of July, 2004. CHANHASSEN PLANNING COMMISSION ç~ BY: Its Chairman 4