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Except Lot 1, Block 1, and the dedicated right of ways of 153r Avenue NW and <br />St. Francis Boulevard NW, Rademacher Addition according to the recorded plat <br />thereof, Anoka County, Minnesota. <br />(the "Subject Property ") <br />AND WHEREAS, on November 15, 2000, the City received application for preliminary <br />plat and site plan approval of Orchard Hills from the Developer; and <br />WHEREAS, the preliminary plat and site plan submitted to the City propose to develop <br />42 for -sale townhome units on the Subject Property; and <br />WHEREAS, the Subject Property is approximately 10 acres in size, is in the <br />Metropolitan Urban Service Area, and is currently zoned R -3 Urban Residential; and <br />WHEREAS, the R -3 Urban Residential designation allows a maximum of 7 units per <br />acre and the proposed density of Orchard Hills is 4.4 units per acre; and <br />WHEREAS, on December 5, 2000, the Planning Commission conducted the required <br />preliminary plat public hearing, reviewed the site plan and recommended City Council approval <br />of same; and <br />WHEREAS, on December 14, 2000, the Park and Recreation Commission met to review <br />the proposed subdivision and recommended a cash payment to satisfy park dedication <br />requirements; and <br />WHEREAS, on December 9, 2000, the preliminary plat and site plan for Orchard Hills <br />was presented to the City Council and it was noted that the multi - family development proposal is <br />bounded on the east and south by 2 rural residential single family lots and 8 urban residential <br />single family lots; and <br />WHEREAS, City Council referenced the density transition requirement implemented <br />into Chapter 14 of the City Charter on October 22, 1997 that would require density transitioning <br />from single family to multi - family on the Subject Property; and <br />WHEREAS, the City Council referred the request for preliminary plat and site plan <br />approval back to the Planning Commission for documentation of reasons why the density <br />transition requirements incorporated into the City Charter on October 22, 1997 were not being <br />applied to the development proposal; and <br />WHEREAS, since July of 2000, a subcommittee of the Planning Commission and City <br />Council has been engaged in the process of drafting an ordinance to implement the density <br />transitioning requirement of the City Charter into the Zoning and Subdivision Chapter of City <br />Code; and <br />RESOLUTION #01 -02 -138 <br />Page 2 of 4 <br />