01-005 RESRESOLUTION NO. 01- 05
CITY OF ELK RIVER
A RESOLUTION DENYING PRELIMINARY PLAT REQUEST P 00-18,
HILLSIDE ESTATES 8TH ADDITION, AND ESTABLISHING
FINDINGS OF FACT THEREFOR
WHEREAS,
application was made on October 30, 2000 by Phoenix Enterprises for
Preliminary plat approval of Hillside Estates 8th Addition, pursuant
to Section 1008.08.1.C of the Elk River City Code of Ordinances, for
the property legally described on Exhibit A attached hereto; and
WHEREAS, the application for preliminary plat approval (The Application) was
referred to the Planning Commission; and
WHEREAS,
the Planning Commission conducted public hearings on the
Application, after proper publication and due notice thereof as
required by ordinance and statute, on November 9, 2000, November
16, 2000 and December 27, 2000; and
WHEREAS, the Application was referred to the City Council by the Planning
Commission on December 27, 2000; and
WHEREAS, the City Council conducted a public hearing on the Application on
January 16, 2001; and
WHEREAS,
the City Council, following completion of the public hearing,
deliberated the Application and continued the matter to its regularly
scheduled meeting of January 22, 2001; and
WHEREAS,
at its regularly scheduled meeting of January 22, 2001 the City
Council continued its discussion of the Application and made the
following findings of fact with respect to the Application:
1. The physical characteristics of the site are not suitable for the
density of development proposed as evidenced by the need to fill
wetlands, construct numerous retaining walls and remove virtually
the entire oak forest on the site to develop the subdivision.
2. The proposed subdivision will create substantial environmental
damage including the filling of wet lands, the leveling of a hilly and
wooded piece of property and the removal of almost the entire oak
forest on the site.
3. The proposed subdivision will have an undue and adverse
impact on neighboring land due to the proposed density and amount
of traffic which will be generated.
4. The proposed subdivision is premature due to a lack of adequate
off-site road improvements to handle the increased traffic generated
by the subdivision. In particular, the intersection at 193ra and Evans
is inadequate to handle the increased traffic generated by the
subdivision and needs to be studied and/or improved prior to
development of such a dense project.
5. The proposed subdivision is not consistent with the Elk River
Code of Ordinances in that it will create a potentially unsafe
situation with respect to the traffic impacts it will generate and the
proposed location of the public park.
6. The proposed subdivision fails to establish an adequate 50-foot
buffer along the West side of the subdivision adjacent to the
commercial area to the West as committed to by the developer during
the approval of the commercial development to the West and
required by prior approvals granted by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, based on the findings of fact set forth above, hereby denies preliminary plat
approval of the proposed Hillside Estates 8th Addition.
Passed and adopted by the City Council of the City of Elk River this 22nd day of
January, 2001.
ATTEST:
Patrick D. Klaers, City Administrator
S :~PLANNING~RESOLUTILO00- 18. DOC