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LARKnq, HOFFMAN, DALY & LINDGREN, LTD. <br /> <br />Mayor and City Council Members <br />August 19, 2002 <br />Page 3 <br /> <br />noted above. The drainage issue is not a basis for denial, as discussed above. The information <br />submitted does not support topography, vegetation, soil types, and drainage as a basis for denial. <br /> <br />5. The Plat Will Comply with Tree and Grading Ordinances <br /> <br />Any economically beneficial development of the site requires some grading and tree removal. As <br />Tollefson stated at the Planning Commission, the trees are mainly on the high ground, and the <br />only feasible way to configure access is by using that high ground. Any feasible development, <br />including single-family R1 e and R1 c for which the site was formerly zoned would create similar <br />impacts. <br /> <br />As noted above, approximately 30 acres, or half the existing woodlands, will be preserved. The <br />development will not cause substantial environmental damage, because grading will be in <br />compliance with City regulations, erosion and sedimentation protection will be utilized during <br />construction, and the area will be revegetated with 516 new trees upon completion. <br /> <br />Conclusion <br /> <br />The bases cited as support for denial do not support denial. The site has been rezoned by operation of <br />law, and the Plat complies with the new R3 zoning classification. The project's engineer has calculated <br />stormwater drainage and found that it is adequate; there is no information indicating this conclusion is not <br />correct. The City has no objective standards regarding several factors cited as possible bases for denial, <br />such as topography and soil types. Even if such standards existed, the City staff has previously <br />recommended project approval without noting non-conformance. The Plat will not create environmental <br />damage, because it is planned to comply with state and local regulations for environmental protection <br />during construction, and will preserve existing woodlands and reforest many areas within the property. <br /> <br />Based upon the rezoning to R3 and the Plat's compliances with applicable ordinances, the City Council <br />must approve the preliminary plat of Twin Lakes Crossing. <br /> <br />~el~ <br /> <br /> "-"LARKIN, HOFFMAN, DALY 8~ LINDGREN, Ltd. <br /> <br />CCl <br /> <br />Peter Beck, City Attorney <br />Mr. Doc Bohlman, Tollefson Development <br /> <br />789151.1 <br /> <br /> <br />