08-12 Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Carver County/City of Chanhassen for a Wetland Alteration Permit to alter or fill
wetlands in conjunction with the Lyman Boulevard Phase 1 Road Reconstruction Project.
On May 20, 2008, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Carver County/City of Chanhassen for wetland alteration approval.
The Planning Commission conducted a public hearing on the proposed 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 City of Chanhassen , as the Local Government Unit responsible for administration of the
Wetland Conservation Act, has reviewed the Joint Notification Application submitted by the
Carver County Highway Department (Applicant) and found that the applicant has avoid,
reduced or restored wetland impacts to the greatest extent practicable. The impacts occur
within both the City of Chanhassen and the City of Chaska. Chaska was represented at the
TEP meeting and, in a letter dated March 17, 2008, remanded their decision authority to the
City of Chanhassen based upon the majority of impacts occurring within the Chanhassen
municipal boundaries.
2. The Applicant is proposing 1.58 acres of permanent wetland impacts and 0.72 acres of
temporary impacts for the purpose of reconstructing C.S.A.H. 18 to a four lane divided
highway with dedicated turn lanes. Of the proposed 1.58 acres of total impacts, 1.19 acres of
impact is the result of the reconstruction of C.S.A.H. 18. The Technical Evaluation Panel
reviewed the current and projected traffic counts as well as the proposed road design and
determined that the impacts associated with the road reconstruction was eligible for BWSR
Road Replacement.
3. Wetland Alteration (follows Conditional Use Permit criteria):
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed project will be consistent with the objectives of the city's comprehensive
plan and the zoning chapter of the City Code.
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c. The proposed project 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. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed project 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. The proposed project ill not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed project 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. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
1. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
J. The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
l. The proposed project will meet standards prescribed for certain uses as provided in this
article.
4. The planning report #08-12, dated May 20, 2008 prepared by Terry Jeffery, is incorporated
herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Wetland
Alteration Permit subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 20th day of May, 2008.
CHANHASSEN PLANNING COMMISSION
By:f~
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