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," "j II II -.-,. RESOLUTION No. 98-074 ,..,'. CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND ApPROVAL OF A FINAL PLAT FOR STONY LAKE ESTATES WITHIN THE CITY OF NEW BRIGHTON ( 1615 SILVER LAKE ROAD). WHEREAS, an application for Final Plat has been made by Larry Beach; and ~ ~ WHEREAS, the procedural history ofthe application is as follows: 1 ~ I. An application for Final Plat was filed with the City of New Brighton on July 16, 1998. 2. The Planning Commission, reviewed the proposed Final Plat on July 21, 1998, and unanimously recommended approval. 3. On July 28, 1998, the City Council considered the Final Plat. Now, THEREFORE BE IT RESOLVED, the City Council of the City of New Brighton now makes the following Findings of Fact in respect to the Final Plat for PL-246: 1. The City's Comprehensive Plan designates the subject site for Single Family Residential. 2. The subject site is zoned R-l, Single Family Residential. 3. The property is presently vacant, and contains 5.3 7 acres. 4. The applicant is proposing to divide the property into nine (9) single family residential lots. 5. The property contains a Type 5 DNR protected wetland (Stony Lake); a Type I wetland and a Type 6 wetland as defined by the DNR. 6. The Type 6 wetland is proposed to be filled, and a portion of the Type 1 wetland is proposed to be filled, subject to review and approval of the Rice Creek Watershed District. 7. The Final Plat satisfies all the subdivision regulations contained in Chapter 26 of the City Code; complies with the lot standards of the R-l district, and is consistent with the City's Comprehensive Plan. . - 8. The subject site would be adequately served by public streets and public utilities. 9. The Final Plat is consistent with the approved Preliminary Plat. BE IT FURTHER RESOLVED, the application for a Final Plat for PL-246 is hereby approved subject to the following conditions: 1. Approval ofa permit by the Rice Creek Watershed District (RCWD). 2. The proposed roadway must be constructed to a 28-foot wide paved surface with a 42-foot paved radius for the cul-de-sac. 3. The mature White Oaks along the eastern lot line are not disturbed, and a minimum setback for driveways and all structures be 36 feet from the east property line for Lot 9. The proposed home on Lot 9 would have to be shifted 10 feet to the east. 4. The 26 inch diameter Oak Tree on Lot 7 be saved, and be fenced during construction of the home on Lot 7 to protect it from damage. 5. Each new home must be constructed above the 932 elevation. 6. Review and approval of the Final Grading Plan by the City Engineer. 7. Installation of a lake storm sewer overflow in 23rd Avenue to protect lakeshore properties from flooding. 8. Each new home proposed for constructed within the subdivision must submit a grading plan with