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Findings of Fact - Signed CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Capstone Investors, LLC for Subdivision approval and Site Plan Review. On September 7, 2021,the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Capstone Investors, LLC for Subdivision approval and Site Plan Review for the property located at 2100 Stoughton Avenue. The Planning Commission conducted a public hearing on the proposed site plan 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 Industrial Office Park District, IOP. 2. The property is guided by the Land Use Plan for Office Industrial uses. 3. The legal description of the property is: See Exhibit A 4. Subdivision Findings a. The proposed subdivision is consistent with the Zoning Ordinance and meets all of the requirements of the "IOP" Industrial Office Park District; 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 topography, soils,vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d. 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; e. The proposed subdivision will not cause significant environmental damage subject to compliance with the conditions of approval; f. The proposed subdivision will not conflict with easements of record, but rather will expand and provide all necessary easements; 1 g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. Site Plan Findings Section 20-110: (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 Chapter 20, Article II, Division 6; (3) 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) 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. NA ith 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. 2 6. The planning report#2021-19 dated September 7, 2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the preliminary plat and site plan review subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7th day of September, 2021. CHANHASSE PLANNING COM ISSION BY: Its Chai 3 EXHIBIT A LEGAL DESCRIPTION: Parcel 1: That part of the Northwest Quarter of Section 3,Township 115,Range 23,Carver County,Minnesota, described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet due South of the Northwest corner thereof, said point being in the Southeasterly right of way line of the Minneapolis & St. Louis Railroad; thence running Northeasterly along said right of way line 997.8 feet;thence running due South parallel with the West line of said Section 3,272.18 feet to a point in the centerline of the industry spur track, said point being the actual point of beginning of the tract of land to be described, said point also being in a curve having a radius of 694.69 feet,the radius point of said curve being South 46 degrees 57 minutes East,694.69 feet from said actual point of beginning; thence running Northeasterly along the centerline of said industry spur track and along the arc of said curve to the right a distance of 89.72 feet to the end of said curve;thence running North 50 degrees 27 minutes East tangent to said curve and along the centerline of said industry spur track 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet; thence running Northeasterly along the arc of said curve to the left and along the centerline of said industry spur track, a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve and along the centerline of said industry spur track, 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet;thence running Northeasterly along the arc of said curve to the right and along the centerline of said industry spur track 142.42 feet to its intersection with the Southeasterly right of way line of the Minneapolis& St. Louis Railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along said Southeasterly right of way line;thence running Northeasterly along said Southeasterly right of way line 48.93 feet to a point in the North line of said Section 3;thence running Fast along said North line 146.4 feet, more or less to the Northwest corner of the parcel of land conveyed to St.John's Evangelical Lutheran Church as recorded in Book 46 Deeds, Page 19, filed August 23, 1950; thence running South at right angles 593.85 feet;thence deflecting 53 degrees 47 minutes to the right and running Southwesterly parallel with the Northerly right of way line of the Chaska and Shakopee Road, 150 feet;thence deflecting 53 degrees 47 minutes to the left and running Southerly 175 feet to a point in the Northerly right of way line of the Chaska and Shakopee Road; thence running Southwesterly along said Northerly right of way line 1676.9 feet,more or less,to a point in a line drawn parallel with the West line of said Section 3 from the actual point of beginning;thence running North along said parallel line 367.62 feet,more or less,to the actual point of beginning. For the purpose of this description the West line of Section 3,Township 115,Range 23 is considered to be a due North and South line. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and North Western Railroad Company right of way;thence North 51 degrees 08 minutes 10 seconds Fast along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described;thence South 23 degrees 43 minutes 37 seconds East 8.72 feet; thence Southerly 228.75 feet along a tangential curve 4 concave to the West having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds;thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non-tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West;thence South 12 degrees 57 minutes 59 seconds West,tangent to last described curve, 143.07 feet;thence Southerly 330.26 feet along a tangential curve concave to the East having a radius of 420.00 and a central angle of 45 degrees 03 minutes 13 seconds,and there terminating. AND Excepting therefrom the following described tract: That part of the Northeast Quarter of the Northwest Quarter of Section 3,Township 115 North,Range 23 West of the 5th Principal Meridian,described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 3; thence on an assumed bearing of South 88 degrees 52 minutes 27 seconds Fast along the north line of said Northwest Quarter a distance of 2286.69 feet;thence South 01 degree 21 minutes 25 seconds West a distance of 195.90 feet to the point of beginning of the land to be described;thence South 52 degrees 44 minutes 44 seconds West a distance of 412.15 feet;thence South 34 degrees 48 minutes 12 seconds East to the intersection with the westerly line of the parcel conveyed to Northern States Power Company by the document recorded in Book 61 of Deeds,page 58, in the office of the Carver County Recorder;thence northerly along said westerly line to the northwesterly line of said conveyed parcel; thence northeasterly along said northwesterly line to the intersection with the westerly line of the parcel conveyed to St.John's Evangelical Lutheran Church by the document recorded in Book 46 of Deeds, page 19, in the office of the Carver County Recorder;thence northerly along said west line to the intersection with a line bearing North 52 degrees 44 minutes 44 seconds East from the point of beginning;thence South 52 degrees 44 minutes 44 seconds West to the point of beginning. (Abstract Property) Parcel 2: That part of the Northwest Quarter of Section 3,Township 115 North.Range 23 West,Carver County, Minnesota,described as follows: Beginning at a point in the West line of said Section 3 distant 1795.7 feet South of the Northwest corner thereof, said point being in the Southeasterly right-of-way line of the Chicago and Northwestern Railroad Company; thence running Northeasterly along said right-of-way line 997.8 feet to a point (which point is the Northwest corner of the tract previously conveyed to American Sugar Company as described in Book 44 of Deeds at Page 8 thereof),which point is the true point of beginning of the tract conveyed; thence running South parallel with the West line of said Section 3, 272.18 feet to a point(which point is the Northwest corner of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof) in a curve having a radius of 694.69 feet,the radius point of said curve being South 46 degrees 57 minutes East 694.69 feet from said point;thence running Northeasterly along the Northwesterly line of the tract previously conveyed to M. A. Gedney Company as described in Book 61 of Deeds at Page 251 thereof and along the arc 5 of said curve to the right a distance of 89.72 feet to the end of said curve; thence running North 50 degrees 27 minutes East tangent to said curve 1270.56 feet to the beginning of a curve to the left having a radius of 599.39 feet;thence running Northeasterly along the arc of said curve to the left a distance of 307.21 feet to the end of said curve; thence running North 21 degrees 05 minutes East tangent to said curve 151.69 feet to the beginning of a curve to the right having a radius of 532.18 feet;thence running Northeasterly along the arc of said curve to the right 142.42 feet to its intersection with the Southeasterly right-of-way line of Chicago and Northwestern Railway Company railroad, said point being 48.93 feet Southwesterly from the North line of said Section 3 as measured along said Southeasterly right-of-way line;thence running Southwesterly along said Southeasterly right-of- way line of Chicago and Northwestern Railway Company railroad to the point of beginning. Except that part lying West of the following described Line A: Commencing at a point on the West line of said Northwest Quarter distant 1655.37 feet Southerly from the Northwest corner thereof, said West line has an assumed bearing of South 0 degrees 33 minutes 32 seconds West, said point being on the Northerly line of the Chicago and North Western Railroad Company right of way;thence North 51 degrees 08 minutes 10 seconds East along said right of way line 1218.17 feet to the actual point of beginning of Line A to be described;thence South 23 degrees 43 minutes 37 seconds East 8.72 feet;thence Southerly 228.75 feet along a tangential curve concave to the West having a radius of 510.00 feet and a central angle of 25 degrees 41 minutes 55 seconds;thence North 88 degrees 01 minutes 42 seconds West and not tangent to said curve 5.00 feet; thence Southerly 96.91 feet along a non-tangential curve concave to the West having a radius of 505.00 feet and a central angle of 10 degrees 59 minutes 41 seconds and a chord bearing of South 07 degrees 28 minutes 09 seconds West;thence South 12 degrees 57 minutes 59 seconds West,tangent to last described curve, 143.07 feet;thence Southerly 330.2 feet along a tangential curve concave to the East having a radius of 420.00 feet and a central angle of 45 degrees 03 minutes 13 seconds,and there terminating. (Abstract Property) g:\plan12021 planning cases\21-19 2100 stoughton ave(river valley industrial ctr)\findings of fact river valley industrial center_final.docx 6