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RESOLUTION NO. 01- 05 CITY OF ELK RIVER A RESOLUTION DENYING PRELIMINARY PLAT REQUEST P 00-18, HILLSIDE ESTATES 8TH ADDITION, AND ESTABLISHING FINDINGS OF FACT THEREFOR WHEREAS, application was made on October 30, 2000 by Phoenix Enterprises for Preliminary plat approval of Hillside Estates 8th Addition, pursuant to Section 1008.08.1.C of the Elk River City Code of Ordinances, for the property legally described on Exhibit A attached hereto; and WHEREAS, the application for preliminary plat approval (The Application) was referred to the Planning Commission; and WHEREAS, the Planning Commission conducted public hearings on the Application, after proper publication and due notice thereof as required by ordinance and statute, on November 9, 2000, November 16, 2000 and December 27, 2000; and WHEREAS, the Application was referred to the City Council by the Planning Commission on December 27, 2000; and WHEREAS, the City Council conducted a public hearing on the Application on January 16, 2001; and WHEREAS, the City Council, following completion of the public hearing, deliberated the Application and continued the matter to its regularly scheduled meeting of January 22, 2001; and WHEREAS, at its regularly scheduled meeting of January 22, 2001 the City Council continued its discussion of the Application and made the following findings of fact with respect to the Application: 1. The physical characteristics of the site are not suitable for the density of development proposed as evidenced by the need to fill wetlands, construct numerous retaining walls and remove virtually the entire oak forest on the site to develop the subdivision. 2. The proposed subdivision will create substantial environmental damage including the filling of wet lands, the leveling of a hilly and wooded piece of property and the removal of almost the entire oak forest on the site.