RES 22-43Resolution 22-43
A Resolution of the City of Elk River Granting Final Plat Approval for
The Villas at Fillmore
Case No. P 22-10
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, a preliminary plat of the Property was approved by the City Council on July
18, 2022; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, in October, 2015 the City commissioned a park dedication study prepared by
HKGi Consulting to determine the impacts of development on the City's park system. This
study was supplemented with an Appraisal study prepared by Patchin Messner Valuation
Consultants in April 2016. The City's Park dedication ordinance was subsequently amended,
in July 2016, to reflect the findings of these studies and to incorporate park dedication fee
requirements that reflect the impacts of various types of development on the need for the
acquisition, development and improvement of park land. The proposed development is a
residential development which will create park land acquisition, development and
improvement needs proportionate to the park dedication fee set by the park dedication
ordinance; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances and conforms with all of its requirements.
B. 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 Plan.
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C. 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.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 18`h day of July 2022.
L Mo. D
ATTEST:
Tina ((((((Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
The East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township
32, Range 26, according to the United States Government Survey thereof and situate in
Sherburne County, Minnesota.
Excepting therefrom:
That part which lies within the following described perpetual easement for street and utility
purposes:
That part of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of
Section 1, Township 32, Range 26, Sherburne County, Minnesota, which lies East of the
following described line:
Beginning at a point on the North line of said Northwest Quarter distant 55.26 feet West of
the Northeast corner of said Northwest Quarter, as measured along said North line, to a
point on the South line of said Northeast Quarter of the Southwest Quarter distant 80.01
feet West of the Southeast corner of said Northeast Quarter of the Southwest Quarter as
measured along said South line and there terminating.
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EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed by the city and developer prior to releasing the
final plat for recording.
2. The PUD agreement must be approved and recorded prior to releasing the final plat for
recording.
3. Park Dedication shall be paid in the amount required by the city when the final plat is
released for recording (currently $1,425.93/lot).
4. Water Availability Charge shall be paid in the amount required by the city when the final
plat is released for recording (currently $390/plumbing unit).
5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements
6. Upon completion of all improvements and acceptance by the city, a security or warranty in
a form acceptable to the Public Works Director must be secured.
7. The Development Plan shall be approved by the public works director prior to issuance of
building permits.
8. Staff approval of all plans prior to releasing the plat for recording.
9. All mailboxes shall be clustered.
10. Wetland impacts shall be reviewed and approved by the city and the appropriate state and
federal agencies prior to releasing the plat.
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