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Ordinance 25 - 02
An Ordinance Amending Chapter, 30, Division 9, Other Nonoverlay Districts, of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Chapter 30, Division 9, Subdivision III. Approved Planned Unit
Development Districts of the City of Elk River Code of Ordinances shall be amended to add the
following Section:
Subdivision III. Approved Planned Unit Development Districts
Section 30-1602. — Villas on Fillmore PUD
(a) Legal Description. The following described prop+ern- located within the City of Elk River.
Sherburne Counn Minnesota is herebyzoned PUD. Planned Unit Development_
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 Counne, Minnesota.
Excepting therefrom:
That part which lies within the following described pea)etual easement for street and utility:
purposes:
That Hart 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:
BegsInning, at aat a point on the North line of said Northwest [ )uarter 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 ( )uarter of the Southwest Quarter as
measured along said South line and there terminating
AND
Outlot C THE VILLAS AT FILLMORE Sherburne County.Minnesota.
Last Updated January 2023
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(b) PUD Development Standards. The properj. shall be subject to the following standards.
(1) Uses
a. Permitted Uses
1. Residential, single family
2. Model homes in compliance with section 30-800:
3. Public parks, pla�-rrounds and open space:
4. State licensed residential facilities or a housing with services establishment
roistered under chapter 144D serving six or fewer persons, a licensed day care
facilijX senLing 12 or fewer persons, and a group faD - day care facilih- licensed
under Minnesota Rules arts 9502.0315 to 9502.0445 to serve 14 or fewer
children shall be considered a permitted single fania, residential use of pronerty-
for the-VgMoses of zoning,except that a residential facility whose rimx .
pLiMose is to treat iuveniles who have violated criminal statutes relating to sex
offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relaf, to sex offenses shall not be considered a aermitted
use.
b. Accessory- Uses
a. Accessory; dwelling units
b. Residential occupations.
c. Structures, accessort�
d. Signs (as permitted in section 30-851 et seq.;.
c. Conditional Uses
a. Kennels, private
(2) Lot Size
a. The PUD laermits lot sizes as follows:
Lot T , . e
Minimum
Minimum
Minimum
Typical
Lot Area
Lot
Width
Dwe ' 7
Width
Lot
Depth
Residential Lot
52' — 0"
40' - 0"
113' - 0"
5�8 00 SF
(3) Setbacks
1. Primary Structures
Front Setback
25' - 0"
Side Setback
5' - 0"
Rear Setback
20' - 0"
Corner Front Setback
25' - 0"
Last Updated January 2023
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b. Accessory Structures
Front Setback
25' - 0"
Side Setback
5' - 0"
Rear Setback
5' - 0"
Corner Front Setback
25' - 0"
1. Accessory structures shall be limited to two -detached structures.
2. Garage space (combined attached and detached) shall be limited to 1,000 SF.
3. All other setbacks shall be consistent with the relevant section of the city- code.
(4) Additional Development Standards:
a. Driveways width is limited to 18' — 0" as measured at the front propertn, line or the
entire distance between the curb and sidewalk.
b. Driveways must be setback 5'-0" from side property lines.
c. Facades shall consist of at least two materials ,brick, siding, stone, shakes, or other
materials approved by the city)
d. Internal monotony- code-
1. No more than two adjacent homes will have the same roof/facade sn,le.
2. Facade materials or colors will not repeat between adjacent homes. Significant
variation in materials and/or colors is encouraged.
e. Each home must have a minimum of five shrubs along the front foundation, and
two trees in the front yard.
£ Common areas shall be under the ownersW and control of the property owners'
association, which shall be responsible for the maintenance, and repair of the
common areas.
g_ The area identification sign ( monument sign) must meet all standards outlined in ciey
ordinance.
1. A box drawn around the lettering on the sign shall not exceed 16 square feet
(5) Any standard not specifically described within this section shall remain consistent with
the Cite of Elk River Code of Ordinances.
(c) Development Plans. The PUD shall be developed in accordance with the following plans, as
amended from time to time, on file at cite hall.
Plan A — Preliminary- Plat of The Villas on Fillmore as approved by the Elk River Cite
Council on July 18, 2022, and subject to all conditions of approval.
Plan B — Street and Utilirt Construction Plans Prepared by Rum River Land Surveyors and
En�j, deers and dated lanuary 23, 2023.
Plan C — The Preluninar• Plat of The Villas on Fillmore Third Addition as approved by the
Elk River City Council on March 17, 2025, and subject to all conditions of approval.
Plan D — Street and Utility Construction Plans for the Third Addition prepared by Rum
River Land Survey; ors and Enguieers and dated January 23, 2025.
Last Updated January 2023
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SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of March, 2025.
6n
nj. ietz, Ma ,or
ATTEST:
I
Tina Allard, City Clerk
Last Updated January 2023
"IEIEIi'd
riATU
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
RESOLUTION 25-15
STATE OF MINNESOTA )Ss
A RESOLUTION OF THE
COUNTY OF SHERBURNE
CITY OF ELK RIVER
APPROVING NOTICE OF
I do solemly swear that the notice, as per the
SUMMARY PUBLICATION
OF ORDINANCE NO.25-02,
proof, was published in the edition of the
OF THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
Star News
WHEREAS, on March 17, 2025,
the Elk River City Council adopted
with the known office of issue being located
Ordinance No. 25-02 amending
in the county of:
Chapter 30, Division 9, entitled
SHERBURNE
"Other Nonoveday Districts'; and
with additional circulation in the counties of:
WHEREAS, Minnesota Statutes,
Section 412.191, Subd. 4 allows
WRIGHT
publication by title and summary in
and has full knowledge of the facts stated
the case of lengthy ordinances; and
below:
WHEREAS, the City Council
(A) The newspaper has complied with all of
finds that the following summary
will clearly inform the public on the
the requirements constituting qualifies-
intent and effect of Ordinance No.
tion as a qualified newspaper as provided
25-02; and
by Minn. Stat. §331A.02.
WHEREAS, a copy of the full
(B) This Public Notice was printed and pub-
text of Ordinance No. 25-02 is avail-
able for inspection by any person at
lished in said newspaper(s) once each
the office of the Elk River City Clerk,
week, for 1 successive week(s); the first
13065 Orono Parkway, during reg-
insertion being on 07/26/2025 and the last
ular business hours — 8:00 a.m. to
insertion being on 07/26/2025.
4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of
MORTGAGE FORECLOSURE NOTICES
the City of Elk River, Minnesota, as
Pursuant to Minnesota Stat. §580.033
follows: That the City Council, by
relating to the publication of mortgage
at least four -fifths votes, authorizes
publication of the title and the fol-
foreclosure notices: The newspaper complies
lowing summary of Ordinance No.
with the conditions described in §580.033,
25-02.
subd. 1, clause (1) or (2). If the newspaper's
Public Notice
known office of issue is located in a county
During their March 17, 2025,
meeting, the City Council adopted
adjoining the county where the mortgaged
Ordinance No. 25-02, an ordinance
premises or some part of the mortgaged
amending Chapter 30, Division 9,
premises described in the notice are located,
entitled "Other Nonoverlay Dis-
a substantial ortion of the news a er's
P P P
mcts
In summary, Ordinance No. 25-
circulation is in the latter county.
02 makes the following changes to
the aforementioned sections of the
city code:
_
1. Maintaining the current
permitted and conditional
41 Designated Agent
uses and architectural
standards within the Villas on
Fillmore Planned Unit
Subscribed and sworn to or affirmed before
Development (PUD).
me on 07/26/2025
2. Establishes standards for the
development — including
setbacks, lot sizes, allowed
uses, and architectural
variations.
3. Updates the most recent
approved development plans
from January 23, 2025.
Passed and adopted by the City
Notary Public
Council of the City of Elk River this
21 It day of April, 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Darlene Mane MacPherson
Published in the
Notary Public
Star News
Minnesota
July 26, 2025
..
My commission E)ires Jan. 31, 2029
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