Resolution - #05-07-203 - 07/12/2005

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6. ]hat the Planning Commission conducted a public hearing pursuant to Section 9.03.03 of the City Code on April 7, 2005 and said public hearing was properly advertised, and the minutes of said public hearing are hereby incorporated by reference. 7. 'That on April 7, 2005, the Planning Commission recommended that City Council deny the preliminary plat for the following reasons: extended cul -de -sac length, traffic concerns, uncertainty of Potassium Street right -of -way and resolution of same may impact the proposed development, density transitioning concerns, and outstanding issues contained in the City Staff Review Letter dated April 1, 2005. 8. That on April 14, 2005, the Park and Recreation Commission recommended that park dedication and trail fees be satisfied with a cash payment. 9. That on May 10, 2005, the City Council tabled action on the proposed preliminary plat that had been revised since the April 14, 2005 Planning Commission meeting to provide the opportunity for a future street connection to the south, which resulted in reducing the number of units from 24 to 23. 10. That on June 14, 2005, the City Council directed City Staff to prepare findings of fact to assist the City Council in their decision regarding the request for preliminary plat approval of Rum River Estates. 1 1. That on June 14, 2005, the City Council authorized the City Attorney to initiate eminent domain proceedings to acquire the right -of -way necessary to upgrade Potassium Street to City standards, and the cul -de -sac that provides access to the dwelling units in Rum River Estates would extend east off of Potassium Street. 12. That the presence of wetlands to the south and east and the existing development to the north of the Subject Property prohibits the construction of the proposed cul -de -sac as a through street. 13. That the presence of wetlands on the Subject Property presents challenges with respect to platting standard single family lots in accordance with the dimensional and area requirements established in Section 9.20.11 (R -1 Residential) District. 14. That the preliminary plat is proposing 59% private open space as part of the development, which exceeds the 50% private open space area requirement established in the PUD District regulations established in Section 9.20.31 of City Code. 15. That Section 9.20.11 (R -1 District) permits a density of up to 3 units per acre, or 4 units per acre through the PUD process that includes townhomes; the preliminary plat is proposing to plat 23 detached townhouse units on 10 acres for a net density of 3.3 units per acre, which is in compliance with City Code. 16. That Section 9.20.11 (R -1 District) states that the R -2 Residential District performance standard shall apply to townhouse PUD's in the R -1 District, and the proposed plat complies with all of the requirements except that separation between units is 5 feet deficient of the 20 foot requirement. RESOLUTION #05 -07 -203 Page 2 of 4