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Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of CLA Chanhassen, LLC and Americana Community Bank for rezoning of the property to Planned Unit Development (PUD) to permit a children's learning center, and site plan approval for a 33,000 square -foot, one-story building with outdoor play areas and equipment. On April 21, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of CLA Chanhassen, LLC and Americana Community Bank for a site plan review for the property located at 7750 Galpin Boulevard (northwest corner of Highway 5 and Galpin Boulevard). The Planning Commission conducted a public hearing on the proposed site plan 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 The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided by the Land Use Plan for Residential -Low and High Density and Office and Residential High Density. 3. The legal description of the property is: See Exhibit A. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. 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. b. The proposed use is or will be compatible with the present and future land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. 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. 5. Site Plan Review: 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 preserving the northerly six acre parcel as permanent open space and 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; 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. 2 f. 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 #2015-09 dated April 21, 2015, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Planned Unit Development rezoning and site plan review. ADOPTED by the Chanhassen Planning Commission this 21 st day of April, 2015. CHANHASSEN PLANNING COMMISSION BY: Its Chairman Exhibit A LEGAL DESCRIPTION Pareel A: That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116, Range 23 and the Northwest Quarter of the Northwest Quarter of Section 15. Townehlp 116, Range 23, Carver County Minnesota, described ere follows: Beginning at the Southwest comer of said Satin 10 thence, an on assumed bearing of North 1 degree W minutes 40 seconds West along the West line of said Southwest Quarter, a dbtonce of 1,023.08 feet, to a point on said West line distant 166&BB feet South of the West Quarter ginner of aid Section iP, thence South 79 degrees W minutes 20 sande East, a distance of 177.77 fast; thence South 86 degrees 32 minutes 20 second$ East, a distance of 100.40 Test; Name South 78 degrese 32 minutes 20 second. East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 accords East. a dletance of 150.00 feet thence South 47 degrees 17 minutes 20 .ands East, a distance of 75.43 feet thence North 82 dagrsea 42 mists. 40 10AZO test mance South to deprave 11 malates 40 aaome West a distnco of 820.19 feet Ithe Ner"unly right of way line of Trunk Highway 5; three North 85 degrees 54 minutes 50 cede West don, aid Northerly right of way, o dlstonce of 33.08 feet thence South 56 gre 40 minutes 55 records West aing aW Northerly right of wog a distance of 158.95 t f ence North 85 degresa 54 minutes 50 seconds West aln9 Northerly right of wog a tZof 51&22 feet to the West Iine of Ne Northwest Quarter of Section 15, Township 116, ngel 23; thence North 1 degree 37 minutes 50 second@ West along said West Iine of the wet Quarter, o distance of 9.12 feet to the point of beglnning. It.. NorthwetMy a that particular Ncrtbwestady rlght-of-way line of Pastel 216, as "Jin n MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PIAT NO. 10-08, �dad ere Document Nw 265755 and o@ amended n MINNESOTA OEPARTMENT OF SPORTATIQN RIGHT OF WAY PUT NO. 10-14, ravdm as, Document No. 27965& deserlbed a ,Spwa meohgr at the Southwest earner of aid Section 10; thence an an assumed baring of Orth i degree 56 minutes M seconds Wet aloeg the Wet line of the Southwest Quarter of 'asld Section 10, a distance of 401.19 feet to a particular right -of -wast' One of said Period 216 an the point of be Inning of the IT.. to be described; thence North 47 dogma 18 minutes 16 $stands East a di.tne of 175.14 feet to an angle path In saidrI¢�t-of-way Ina thence North 47 degrees 18 minutes 19 mantle East a distance of 22.71 Z. to a point of ourature In sold right-of-emy tins, thence Easterly a distance 662.60 fat along a nn-tongentid ane concave to the Sash having a radius of 633.04 fed and a central angle of 59 degrees 58 minutes 14 seeonda and having a chord of 632.78 fed which ben North 77 degree 17 minutes 27 seconds East to an angle Point In aid right-oli Iles; than North 56 degrees 18 minute 30 seconds, East not tangent to cold cores a dlstane of 114.28 fast to on angle ctIn t-IwNorth thence 22 rees 13 minutes m�GEast, alongoldrlght-of-whaY Iine, adistae of 1116.fee and@aid Me More (eInng 33-s,6 AND W- Parcel 8: /.-860.3 That part of the Southwest Quarter of the Southwest Wafter of Section 10, Township 116, Range 23 and the Northwest Quarter of the Northwest Quarte of Seven 15, Township 116, 359.5 Range 23, Waver County, Minnesota, dencribed as follows: Begnnning am�1 Southwestas comer offmda West soldSection 10; Nene on an assumed baring of North 1 degrnce of 023.08 Test to a point an cold Weesstt ling ne distant 1668.88e West lines of 1 fact South of thd Southwest eWestQuarter 42 17 reset; mnew norm 00 a6groe9 a4 minutes au sands West along Sala NorthMyy rlgltt of way. a distance of 518.22 fat to the West line of the Northwest Quetta of Sa9n /5, Townchlp 116, Rangpese 23; than North 1 degree 37 minutes 50 seared. West ring cold West line of the Northwest Quarter, a distance of 9.12 feet to the point of beglnnin,. L EXCEPT that part of Ne above described property which Ile Northwesterly of Natpartloulan so.oNorthwwdmly right-of-way The of Parcel 216, as, shown an MINNESOTA DEPARTMENT OF TRANSPORTATION NIGHT OF WAY PLAT NO. 10-08, recorded to Document No. 265755 and as, amended n MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PIAT NO. 10-14, recorded as Doormat N. 279658, described as, follows: Conunmoing at the Southwest comer of aid Statin 10; thence an an assumed baring of North 1 degree 56 minutes 40 sands West Wong the West line of the Southwest Quarter of sold Section 1D, a distance of 401.19 feet to a particular right-of-way line of said ParcN 216 and the taint of beginning of the the to be described; thence North 47 degrees 16 minutes 16 smande Eset a distance of 175.14 feet to an angle point In said rMNt -of-way line; thence North 47 degree 18 minutes 19 ..do East a distane of 22,71 kat to a point of curvature It cold right-of-way line; thane Easterly a distance of 662.60 feet along a nn -tangential curve eneave to the South having a radio. of 633.04 feet and a central angle of 59 degrees 58 minutes 14 secunda and having a chard of 632,76 feet which been North 77 dopase. 17 minutes 27 sande East to an angle paint h aid right-ol-way line: thence Nerih 5g degree 16 minutes 30 esmands East, not tangent to sold curve a distance of 114.28 feet to an angle point In Bald right-of-way, line; theme North 22 degrees 13 minute 10 second. East, aing con right-of-way line, a distance of 116.13 feet and cold line there terminating. ANO EXCEPT sold Parcel 216. Carver Canty, Minnesota Abstract Property El