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Findings of Fact and RecommendationCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION FIN= Application of City of Chanhassen for a Wetland Alteration Permit to alter or fill wetlands in conjunction with the Audubon Road Reconstruction Project — Planning Case 2010 -07. On May 18, 2010, 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 The City of Chanhassen, as the Local Government Unit responsible for administration of the Wetland Conservation Act, has reviewed the Joint Notification Application and submitted the Joint Notification to the Board of Water and Soil Resources, the Carver County Soil and Water Conservation District, the Department of Natural Resources and the United States Army Corps of Engineers to solicit comments based upon their respective reviews. 2. The Applicant is proposing 560 square feet of permanent wetland impacts for the purpose of constructing a mixed -use recreational trail in conjunction with the reconstruction of Audubon Road from Lyman Boulevard to Lake Drive West. 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. 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. i. 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. 1. The proposed project will meet standards prescribed for certain uses as provided in this article. 4. The planning report #10 -07, dated May 18, 2010 prepared by Terry Jeffery, is incorporated herein. RECOMMENDATION 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 18 day of May, 2010. CHANHASSEN PLANNING COMMISSION BY: s C an 2