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.." '": ;( I' :! '" RESOLUTION No. 99 -053 i ~ I I I \ I ! I CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVAL OF SUBDIVISION OF CERTAIN PROPERTY '! WITHIN THE CITY OF NEW BRIGHTON ( 1615 SILVER LAKE ROAD). i, i' ~ ~ '! WHEREAS, an application for preliminary plat has been made by Larry Beach; and WHEREAS, the procedural history of the application is as follows: 1. An application for preliminary plat was filed with the City of New Brighton on May 29, 1998. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on June 16, 1998, and all persons present at the hearing were given an opportunity to be heard. 3. On June 23, 1998, the City Council considered PL-246 and tabled the item pending submittal of additional information including a tree identification plan, a preliminary environmental assessment, and a revised grading and drainage plan. 4. On July 14, 1998, the City Council approved PL-246. 5. On June 7, 1999, the City Council considered a revised resolution approving PL-246 and rescinding Resolution 98-07 I. Now, THEREFORE BE IT RESOLVED, the City Council of the City of New Brighton now makes the following Findings of Fact in respect to PL-246: 1. 2. 3. 4. 5. 6. 7. 8. 9. i: 10. 12. 13. The City's Comprehensive Plan designates the subject site for Single Family Residential. The subject site is zoned R-l, Single Family Residential. The property is presently vacant, and contains 5.3 7 acres. The property contains large Oak Trees. The applicant is proposing to divide the property into nine (9) single family residential lots. The proposed development is to be accessed off of an existing sixty foot (60') platted right- of-way off of 23rd Avenue Northwest. The property contains a Type 5 DNR protected wetland (Stony Lake); a Type 1 wetland and a Type 6 wetland as defined by the DNR. The Type 6 wetland is proposed to be filled, and a portion of the Type I wetland is proposed to be filled and portion proposed to be drained. The filling and draining of the wetlands shall be subject to review and approval of the Rice Creek Watershed District. The preliminary plat satisfies the subdivision regulations contained in Chapter 26 of the City Code; complies with the lot standards ofthe R-l district, and is consistent with the City's Comprehensive Plan. The subject site would be adequately served by public streets and public utilities. The City of New Brighton has received a citizen petition requesting that an Environmental Assessment Worksheet (EA W) be prepared as part of this project. The developer has prepared a preliminary EA W, which finds that the environmental impacts of the proposed project do not warrant the need for an Environmental Impact Statement. 14. City Staff met with the developer and adjacent land owner on Lot 9, and determined that a 35- foot structure setback off of the east lot line would not result in the elimination of any additional Oak Trees in comparison to a 40- foot structure setback.