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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of City of Chanhassen Subdivision, Land Use Amendment and Site Plan Review On AprilS, 2005, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of the City of Chanhassen for a land use amendment from Parks and Open Space to Commercial, preliminary plat approval creating two lots and one outlot and site plan approval. The Planning Commission conducted a public hearing on the proposed subdivision 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 District, BH. 2. The property is guided in the Land Use Plan for Parks and Open Space. 3. The legal description of the property is: Gateway East 2nd Addition 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) 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; (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; (5) The proposed subdivision will not cause significant environmental damage since the site was previously developed; (6) The proposed subdivision will not conflict with easements of record, but will provide all necessary easements; and (7) The proposed subdivision is not premature since it is served by adequate city infrastructure. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: 1 (1) The 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; (2) The development is consistent with the site plan requirements; (3) The 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 or developing areas; (4) The development is 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) The development is 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) The development 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 planning report #05-12 dated AprilS, 2005, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Land Use Amendment, Preliminary Plat for Gateway East 2nd Addition and Site Plan Review for the East Water Treatment Plant. ADOPTED by the Chanhassen Planning Commission this 5th day of April, 2005. CHANHASS~~ANNING COMMISSION L~~._ _ /J J BY: p/a..ckK~~~ Its Chairman 2