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PROPOSED FINDINGS OF FACT SUPPORTING DENIAL OF THE PRESERVE FINAL PLAT Based upon the submittals of June 12, 2003, the proposed final plat of The Preserve is deficient in regards to compliance with provisions of the Little Canada Subdivision Ordinance as follows: PI 1001.080 This provision states, "Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or ordinances of the City, the most restrictive standards shall apply. Developer proposes to grant the City a 50 -road right -of -way that is encumbered by an existing Williams Pipeline easement. In Little Canada City Code Chapter 2302, it states "In order to provide for the health, safety and well -being of its citizens, as well as to insure the structural integrity of its streets and the use of the rights -of -way, the City strives to keep its rights-of- way in a state of good repair and free from unnecessary encumbrances." The more restrictive provision requires the City's right -of -way to be unencumbered. Therefore, the proposed right-of-way for Preserve Court should be moved off the Williams easement as required in the approval of the preliminary plat. • 1004.020 (e) 4. The proposed Final Plat was submitted more than 100 days following Preliminary Plat approval, rendering the Preliminary Plat approval void. The preliminary plat was approved on October 23, 2002. The proposed Final Plat was submitted on May 27, 2003 or 216 days after the approval of the preliminary plat. If we counted from March 24, 2003 or the date the developer initially submitted a final plat application (that was subsequently withdrawn by the developer), 152 days would have elapsed. Furthermore, if we counted from the date the City was served notice of Developer's court action relative to the approval of the preliminary plat (February 23, 2003), 123 days would have passed. • 1004.030 (d) No street addresses were submitted with final plat. • 1005.020 (d) 1. As supplementary information, the City had asked for verification of the existence of the Williams Pipeline easement and its release should it impact the proposed plat. (See City Administrator's notation of 9/18/02.) Title work supplied by Developer indicated the existence of the easement over the proposed development property, but no evidence of release by Williams has yet to be provided. m 1005.020 (d) 2. No information on proposed protective covenants has yet been received. Developer has indicated the need for this document to cover issues such as maintenance and replacement of retaining walls. • 1005.020 (d) 3. No soil survey information has been submitted to enable the evaluation of design infomiation for public and private improvements including proposed retaining walls. 91 1005.020 (d) 4. Tree coverage survey has not been submitted. -2