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Findings of Fact - Approved - SignedCITY OF CHANHASSEN CARVER AND I{ENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Landform Professional Services LLC - Planning Case No. 2017-10'IN RE: Avienda Request for amending the Preliminary Plat creating 19lots, 3 outlots and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020; and amending the Planned Unit Developnent of 118+/- acres of property zoned Planned Unit Development-Regional commercial District @uD-RC) including ExlriDit I Avienda Design Standards and reaffirming the Conditional Use Permit for development within the Bluff Creek Overlay District and the Wetland Alteration Permit for the property located at the southwest comer of Powers Boulevard and Lyman Boulevard. On June 2,2020 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Landform Professional Services LLC, for a Preliminary Plat and amending the zoning to Planned Unit Development-Regional Commercial (PUD-RC). The Planning Commission conducted public hearings on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's Comprehensive Plan; c. The physical characteristics of the site, including but not limited to topogaphy, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development - Regional Commercial District (PUD-RC). 2. The property is guided in the Land Use Plan for Office or Regional Commercial. 3. The legal description of the property is: See Exhibit A. 4. STJBDTVISION The findings necessary for approval of the preliminary plat have been satisfied: a. The proposed subdivision is consistent with the zoning ordinance; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvemenls required by this chapter; e. The proposed subdivision will not cause environmental damage, but will preserve the Bluff Creek Primary Zone within the parcel; f. The proposed subdivision will not conflict with easements of record and will dedicate all appropriate easements; g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: l Lack of adequate stormwater drainage, which will be provided in the development. 2. Lack of dedicated and improved public streets, which will be constructed as part of the development. 3. Lack of adequate sanitary sewer systems or no ISTS (individual sewer treafinent system). Sewer service will be extended within the development. 4. Lack of adequate oflsite public improvements or support systems. h. Preliminary plat approval creating 19 lots, 3 outlots and dedication of public right-of- way, plans prepared by Landform dated May l, 2020 is contingent upon the conditions of approval in the staff report. 5. REZI)NING The proposed amendment meets the required standards for approval: a. The proposed zoning has been considered in relation to the specific policies and provisions ofand has been found to be consistent with the official city Comprehensive Plan. b. The proposed zoning is or will be compatible with the present and future land uses of the area. The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d. The proposed zoning will not tend to or actually depreciate the area in which it is proposed. e. The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity. c f. Traffic generation by the proposed use within the zoning district is within capabilities of sfieets serving the property. g. The planning report #17-10 dated June 2nd,2020 prepued by Kate Aanenson, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the proposed development including an amended Preliminary Plat creating 19 lots, 3 outlots and right-of-way for public streets (approximately I l8+/- acres) subject to the conditions in the staff report; and the Amendment of Planned Unit Development - Regional Commercial, PUD-RC; and reaffirms the approved Wetland Alteration Permit for the grading and filling of wetlands; and Conditional Use Permit for development within the BluffCreek Overlay District, as shown in plans dated May l, 2020. ADOPTED by the Chanhassen Planning Commission this 2nd day ofJune, 2020. Chanhassen ity Council BY: teve Weick, EXHIBIT A The south half fthe southwest ouarter. Section 23. Townshio 116. Ranee 23.Carver Countv. two described trac Line 1. C ncins at the southwest comer f Section 23. Townshio I 16.se 23: thence north on sect thence in a int on the south section li of said section, 30 feet east of the southwest comer of said section : thence west 30 feet to said section and D of besinnins. beine a three-co mered piece in southwest of said Section 23. Township 116 . Ranee 23: and 2. That part ofthe southeast quarter of the southwest quarter and the east halfofthe so uthwest ouarter ofthe southwest quarter. both in Secti 23. Townshio I 16 North. Ran se 23 West. Carver Countv. Mi nnesota which lies easterlv of Line 2 descri bed below. Line 2. Bee ns at the south ouarter corner of said Section 23: thence run west on an azt muth of27l deerees 56 minutes I 3 seconds along the south line of said Section 23 for 1634.23 feet to a no lnt : thence nan azimuth of 00 de srees 43 minutes 24 seconds for 500.1 I feet lo a noint: thence on an azim uth of9l desrees 56 minutes 13 seconds for 1173.46 feet to a Doint: thence on an azimuth 29 19 minutes 18 seconds for 152.1 1 feet 1o a pointl thence on an azimuth of 352 deerees. 57 minutes. 23 seconds for 709.36 feet to a point on the north line f said southeast o uarter of the ouarter: thence on an azimuth of9l degrees 23 minutes 02 seconds alone the north line of said southeasl quarter ofthe southwest quarter for 47 5.37 feet to the northeast comer of southeast ouarter ofthe southwest quarter and there terminating. Abstract. Parcel The north 420.00 feet of the east 414.86 feet ofthe northwest quarter o fthe southwest ouarter of Section 23, Townshi n 1 16. Ranse 23.Carv er Countv. Minnesota. Parcel 2: west uarter of the so f ection 23 Townshi 116 County. Minnesota for the south 658.24 feet thereof; and also ex the north 420.00 feet fthe east 414.86 feet Parcel 3: The south 658.24 feet of fte northwest ouarter ofthe southwest quarter f Section 23. Townshio 1 16. Ranee 23. Carver Countv. Minnesota. Tosether with Toeether with The northeast quarter ofthe southwest quarter of Section 23. Townshio 116 North. Range 23 West. Carver County. Minnesota except that part ofthe northeast quarter ofthe southwest quarter of Section 23. Township I 16 North. Ranee 23 West. shown as Parcel 64 on Minnesota Department of Transportation riehrof-way Plat No. l0- 1 9. filed I 0- l9-2004 as Document No. 39930.