RES 19-30City of Elk River
.ver City Council
Resolution 19-30
A Resolution of the City Council of the City of Elk River Making Findings of
Fact and Approving the Plat of Hilltop Woods Estates Second Addition
WHEREAS, Linda Schultz ("Applicant") has applied ("Application") for approval of a
subdivision to be known as Hilltop Woods Estates Second Addition at 20655 Victoria Drive
NW (Case No. P 19-08); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
City Council in connection with the May 16, 2019, Application, including the staff reports
and all attachments thereto, all other written materials submitted to the City Council, and all
staff presentations and other testimony taken at the public meetings considering the
Application, all of which is incorporated and made a part of the findings of fact and this
resolution; and
WHEREAS, the City Council held a public hearing on June 3, 2019, to receive testimony
and evidence from city staff, the Applicant and any other persons regarding the Application;
and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the City Council; and
WHEREAS, the City Council, at the conclusion of its June 3, 2019, public hearing on the
Applicant's Application, directed staff to gather additional information regarding the
Application and continued the item to June 17, 2019; and
WHEREAS, the City Council held a public meeting on June 17, 2019, to review the
Application and all materials submitted for the public record, and to ask additional questions
of city staff; and
WHEREAS, the City Council, at the conclusion of its June 17, 2019, public meeting on
the Applicant's Application, directed preparation of a resolution approving the Application
and incorporating the City Council's findings of fact be prepared for the City Council to
consider.
WHEREAS, the proposed plat complies with each of the conditions set forth by the City
Council in its approval of the plat of the Property.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, makes the following findings of fact and decision with respect to the
Application by Linda Schultz for a subdivision to be known as Hilltop Woods Estates
Second Addition at 20655 Victoria Drive NW.
FINDINGS OF FACT
1. The property at 20655 Victoria Drive was platted as Lot 4, Block 1, in the plat
HILLTOP WOODS ESTATES, approved by the City Council on May 17, 1993.
2. The city also approved a variance allowing an extended cul-de-sac, Victoria Drive
NW, to provide access to the parcels within the subdivision.
3. The Developer Agreement ("Agreement") regulating development of the property
and public improvements for Hilltop Woods Estates was signed on July 13, 1993.
4. The Agreement regulated development of the property and expired upon acceptance
of the public improvements described in the Agreement.
5. Elk River City Code states that in order for a subdivision to be approved, the request
must meet the eight findings outlined in Sec. 30-375. — Required findings;
The findings necessary for city council approval of the preliminary plat and the
final plat shall be as follows:
(1) The proposed subdivision is consistent with the zoning regulations (article
VI of this chapter) and conforms in all respects with all requirements of
this Code, including the zoning regulations and this article.
(2) The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans, including, but not limited to,
the city's comprehensive development plan.
(3) The physical characteristics of the site, including but not limited to
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and
density of development and uses contemplated.
(4) The proposed subdivision makes adequate provision for water supply,
storm drainage, sewage transportation, erosion control and all other
services, facilities and improvements otherwise required in this article.
(5) The proposed subdivision will not cause substantial environmental
damage.
(6) The proposed subdivision will not conflict with easements of record or
with easements established by judgment of a court.
(7) The proposed subdivision will not have an undue and adverse impact on
the reasonable development of neighboring land.
(8) The proposed subdivision is not premature. A subdivision is premature if
any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
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c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
The City Council finds that all findings required for approval of the plat of
Hilltop Woods Estates Second Addition have been met becuase:
a. The subdivision only creates one new lot
b. Any further subdivision of either newly created lot will have to be approved
by the City Council and may be conditioned upon extending Victoria Drive.
c. The Agreement was never formally approved by the Elk River City Council,
and included conditions that were not specifically approved by the Council.
d. The creation of the additional lot on Victoria Drive will not require
extension of the existing cul-de-sac, and the variance granted for the cul-de-
sac length is still valid and operational.
e. The plat satisfies all eight findings outlined in Sec. 30-375 as required for
approval of a plat.
(1) The proposed subdivision is consistent with the zoning regulations as
the length of Victoria Drive was approved by variance and is not
proposed to be extended. Additional dimensional standards for lots in
the R-1 a zoning district have also been met.
(2) The proposed subdivision is residential in nature and does not conflict
with any city, county, or regional plans — including the city's
Comprehensive Plan.
(3) The physical characteristics of the site support subdivision and
development of the site for one additional parcel.
(4) The property will be served by private well and septic and makes
adequate provisions for all required facilities.
(5) The subdivision will not cause substantial environmental damage.
(6) The Agreement governing development of the property has expired
and the subdivision does not conflict with easements of record or with
easements established by judgment of a court. Approval of the
subdivision will require approval of an easement vacation (EV 19-02)
vacating the existing roadway easements on Lot 4, Block 1, Hilltop
Woods Estates. The easements will be replaced with dedicated right-
of-way as part of the proposed subdivision.
(7) The subdivision supports reasonable development of neighboring land
through the dedication of public right-of-way which will allow a future
extension of Victoria Drive to the north, and future roadway
connections to the east and west.
(8) The subdivision does not require extension of the existing road
network and all necessary facilities are in place to ensure the
subdivision is not premature.
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7. Plat approval is hereby granted for the Hilltop Woods Estates Second Addition,
subject to the conditions set forth in attached Exhibit A.
8. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit A are met and complied with, to sign the plat and to issue a certified copy
of this Resolution giving final approval of the plat.
Passed and adopted this 15th day of July, 2019.
Jo r J z, May
ATTEST:
Tina Allard, ("ity Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
1. The applicant shall record a covenant restricting further subdivision of the parcels
platted as part of Hilltop Woods Estates Second Addition until a public street is
extended and connected to the north.
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