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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Epic Development for Concept Planned Unit Development approval - GALPIN CROSSING. Planning Case No. 05-38. On November 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Epic Development for Concept Planned Unit Development approval for a lO-unit twin home project and a 66,000 square-foot office development property located at the northwest corner of Galpin Boulevard and Highway 5. The Planning Commission conducted a public hearing on the proposed Planned Unit Development 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 Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential - Low Density. 3. The legal description of the property is: (see attached Exhibit A for Parcels A and B) 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed PUD. 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 will conform 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. 1 f) Traffic generation by the proposed use must be determined to be within capabilities of streets serving the property. 5. The planning report #05-38 dated November 15, 2005, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Concept Planned Unit Development. ADOPTED by the Chanhassen Planning Commission this 15th day of November, 2005. CHANHASS~ING ~O~SSION BY: ~(.".- Its Chairman g:\plan\2005 planning cases\05-38 galpin crossing\findings of fact.doc 2 EXIDBIT A PARCEL 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 scction 15, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest corner of said section 10; thence on as assumed bearing of North 1 degree 56 minutes 40 seconds west along the West line of said Southwest Quarter, a distance of 1026.89 feet; thence south 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence south 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence south 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence south 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence south 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of 74.98 feet; thence south 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feet; thence south 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet; thence south 18 degrees 17 minutes 40 seconds west, a distance of 824.19 feet to the northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 33.08 feet; thence south 56 degrees 40 minutes 55 seconds West along said northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 518.22 feet to the west line of the Northwest Quarter of section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said west line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning. which lies northwesterly of that particular northwesterly right-of-way line of Parcel 216, as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14, recorded as Document NO. 279658, described as follows: commencing at the southwest corner of said section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds west, along the west line of the Southwest Quarter of said section 10, a distance of 401.19 feet, to a particular right-of-way line of said parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71 feet, to a point of curvature in said right-of-way line; thence easterly a distance of 662.60 feet, along a non-tangential curve concave to the south having a radius of 633.04 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and said line there terminating. 3 PARCELB: 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, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest comer of said section 10; thence on as assumed bearing of North 1 degree 56 minutes 40 seconds West along the West line of said Southwest Quarter, a distance of 1026.89 feet; thence south 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence South 86 degrees 32 minutes 20 seconds East, a distance of 100040 feet; thence south 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence South 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence south 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of 74.98 feet; thence South 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feet; thence south 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet; thence south 18 degrees 17 minutes 40 seconds West, a distance of 824.19 feet to the northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 33.08 feet; thence South 56 degrees 40 minutes 55 seconds West along said northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 518.22 feet to the west line of the Northwest Quarter of section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said west line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning. EXCEPT that part of the above described property which lies northwesterly of that particular northwesterly right-of-way line of Parcel 216, as shown on MINNESOTA DEPARTMENT OF TRANSPORT A TION RIGHT OF WAY PLAT NO. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14, recorded as Document NO. 279658, described as follows: commencing at the southwest comer of said section 10; thence on an assumed bearing of North 1 de9ree 56 minutes 40 seconds West, along the west line of the Southwest Quarter of saId section 10, a distance of 401.19 feet, to a particular right-of-way line of said Parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 mintues 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71 feet, to a point of curvature in said right-of-way line; thence easterly a distance of 662.60 feet, along a non-tangential curve concave to the south having a radius of 633.04 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 mintues 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and said line there terminating. Also EXCEPT said Parcel 216. 4