97-020 RESRESOLUTION 97- 20
RESOLUTION MAKING FINDINGS OF FACT REGARDING THE DENYING A
PRELIMINARY PLAT FOR CHERRY WOOD HILLS
Case No. P 96-13
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Good Value Homes, Inc. (the Developer) applied for a Preliminary
Plat to develop a residential subdivision (the Project) on certain
property located at the northwest corner of Proctor and 193rd Ave.
(the Property); and
pursuant to Section 1008 of the Elk River City Code of Ordinances,
a preliminary and final plat approval must be obtained to develop
the Property as proposed by Developers; and
an application for a Preliminary Plat approval was submitted to the
City on October 29, 1996; and
a public hearing was held on this application before the Elk River
Planning Commission on November 25, 1996, at which time the
Planning Commission heard a presentation on the Project, took
testimony from all those present who asked to speak on the matter,
and continued action on the application due to a lack of sufficient
information and the need to further review significant issues
regarding the plat; and
the Developers subsequently made no changes to the Preliminary
Plat and requested a second public hearing before the Elk River
Planning Commission on February 25, 1997, at which time the
Planning Commission heard a presentation on the Project, took
testimony from all those present who asked to speak on the matter,
and
WHEREAS,
WHEREAS,
the Planning Commission, at its meeting on February 25, 1997,
recommended denial of the Preliminary Plat subject to a number of
findings; and
the City Council held a public hearing on the application for a
Preliminary Plat on March 17, 1997, at which time the City Council
heard a presentation on the Project and took testimony from all
those present who asked to speak on the matter; and
WHEREAS,
the City Council has reviewed all of the materials submitted by the
Developers, the staff and the public, and has considered the
recommendation of the Planning Commission and the testimony
received at the Public Hearing on March 17, 1997; and
WHEREAS,
the Subdivision Ordinance of the City of Elk River provides that a
Preliminary Plat shall not be granted unless eight (8) specific
findings set forth in Section 1008.08(1)D of the Elk River
Subdivision Ordinance has been met; and
WHEREAS,
the materials and testimony received by the City Council on the
Project have raised a number of questions and concerns among
the City Council Members regarding the Project and the
compliance of the Project as presented with the requirements of
the City Zoning and Subdivision Ordinance for issuance of a
Preliminary Plat;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River finds that the Project, as proposed, does not meet the
standards for issuance of a Preliminary Plat set forth in Section
1008.08(1) D. of the City's Subdivision Ordinance, for the
following reasons:
THE PROPOSED PLAT DOES NOT TAKE INTO CONSIDERATION THE
PHYSICAL CHARACTERISTICS OF THE SITE INCLUDING TOPOGRAPHY
AND NATURAL VEGETATION.
THE PROPOSED GRADING PLAN WILL REQUIRE SIGNIFICANT
AMOUNT OF GRADING TO OCCUR RESULTING IN THE SUBSTANTIAL
LOSS OF A MATURE WOODLAND AREA.
A COMPLETE SUBMITTAL OF STORM DRAINAGE INFORMATION HAS
NOT BEEN SUBMITTED TO ALLOW FULL REVIEW OF THE
GRAD;NG/STORM DRAINAGE PLAN.
THE PROPOSED PLAT IS INCONSISTENT WITH ADJACENT
DEVELOPMENT AND MAY HAVE AN ADVERSE IMPACT ON THE
REASONABLE DEVELOPMENT OF THE PROJECT.
o
THE PROPOSED PLAT IS INCONSISTENT WITH THE COMPREHENSIVE
PLAN GOALS AND POLICIES TO ENCOURAGE SUBDIVISION DESIGN
WHICH PROTECTS WOODED AREAS AND NATURAL CONTOURS.
THE PROPOSED SUBDIVISION INCLUDES LOTS WITH A DEPTH LESS
THAN TYPICALLY REQUIRED FOR 10,000 SQUARE FOOT LOTS.
Passed and adopted this 17th day of March, 1997.
/,H'¢nr~. Duits~an,¢~-ay'or
Sandra A. Thackeray, City Clerk ~