4.6 SR 04-17-2023City of
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
4.6
Agenda Section
Meeting Date
Prepared by
Consent Agenda
Aril 17, 2023
Zack Carlton, Community Development Director
Item Description
Reviewed by
Final Plat: The Villas at Fillmore Second Addition
Cal Portner, City Administrator
Reviewed by
Action Requested
Adopt, by motion, a resolution approving the Final Plat of The Villas at Fillmore Second Addition with the
following conditions:
1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for
recording.
2. Park Dedication shall be paid in the amount required by the city when the final plat is released for
recording.
3. 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).
4. The Development Plan shall be approved by the public works director prior to issuance of building
permits.
5. Staff approval of all plans prior to releasing the plat for recording.
6. All mailboxes shall be clustered.
7. Any item or condition found that indicates the site is likely to yield information important to pre -history
or history shall be reported to the city immediately. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and work is authorized.
Background/Discussion
The applicant requests approval of the second addition of their preliminary plat. This addition plats 11 additional
lots within the Villas at Fillmore Planned Unit Development and brings the total number of lots having been final
platted to 39. The current proposal is consistent with the approved preliminary plat.
The public improvements required to support this addition were included in the Development Agreement for the
first addition. Those improvements also include the off -site trail improvements which establish connections to the
existing sidewalk network. These improvements were paid for by the city through a credit to the Park Dedication
Fee. The reduced Fark Dedication and Water Access Fees will be paid by the developer as part of this plat, but the
typical Letter of Credit and construction escrow may not be required. The public works director will make that
final determination.
Financial Impact
None
A IR
Mission/Policy/Goal
The proposed subdivision supports the growth and development of residential properties in the city.
Attachments
Final Plat of The Villas at Fillmore Second Addition
■ Final Plat Resolution
N:APublic Bodies\Agenda Packets\ 04-17-2023\ Final\ x4.6 sr VoF 2nd.docx
THE VILLAS AT F'ILLMORE SECOND ADDITION
L PERSERE By THESE PRESENTS: C ye ae DlPN.,,t Cp Ppey If Prinpetpn. p
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RUM RIVER
City of
Elk
*l
River
City of Elk River
City Council
Resolution 23-
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for The Villas at Fillmore Second Addition
Case No. P 23-01
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 Chapter 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.
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 17th day of April 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESORPTION
Outlots D and E, THE VILLAS AT FILLMORE, Sherburne County, Minnesota.
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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. Park Dedication shall be paid in the amount required by the city when the final plat is
released for recording.
3. 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).
4. The Development Plan shall be approved by the public works director prior to issuance
of building permits.
5. Staff approval of all plans prior to releasing the plat for recording.
6. All mailboxes shall be clustered.
7. Any item or condition found that indicates the site is likely to yield information
important to pre -history or history shall be reported to the city immediately. Further,
the city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized.
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