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Finding of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Chanhassen Gateway Place, LLC for Site Plan Review and Subdivision– Planning Case No. 06-05 On February 7, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chanhassen Gateway Place, LLC for a site plan review and subdivision for the property located at the northwest intersection of the future alignment of Highway101 and 212. The Planning Commission conducted a public hearing on the proposed site plan and subdivision which 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 Planned Unit Development. The property is guided by the Land Use Plan for Mixed Use. The legal description of the property is shown in Exhibit A. 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 this division; (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, 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) 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. Sec. 18-39 (f) The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; 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 storm water 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 this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. The staff report dated February 7, 2006 for Planning Case #2006-05, prepared by Sharmin Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan review and subdivision. ADOPTED by the Chanhassen Planning Commission this 7th day of February, 2006. CHANHASSEN PLANNING COMMISSION BY:___________________________________ Uli Sacchet, Its Chairman g:\plan\2006 planning cases\06-05 gateway north subdivision-gateway place site plan\finding of fact.doc