RES 23-14City of
Elk -
River
City of Elk River
City Council
Resolution 23-14
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
1. 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.
J II
J. [3ietz 1 ayor
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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