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Findings of Fact PC - SignedCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Xcel Energy for a Conditional Use Permit and Site Plan approval for a 145-foot pole with a 5-foot lightning rod—Planning Case 2019-07. On July 16, 2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Xcel Energy for a Conditional Use Permit and Site Plan approval for the property legally described in the attached Exhibit A. The Planning Commission conducted a public hearing on the proposed conditional use and site plan that 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 A-2, Agricultural Estate District. 2. The property is guided by the Land Use Plan for Public/Semi-Public. 3. Section 20-232: a. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 1 g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 4. Section 20-110: 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. 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. 2 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. 5. The Planning Report#2019-07, dated July 16, 2019, prepared by Sharmeen Al-Jaff et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 16h day of July, 2019. CHANHAS E/'LAN MISSION BY: A At Steven Weick 3