7.3 SR 03-17-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.3
Meeting Date
March 17, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Preliminary Plat, Resolution 25-09 for Final Plat, and
Ordinance Amendment 25-02 to Establish a PUD:
The Villas at Fillmore Third Addition, PID 75-00931-
0030, Riverside Development
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt Ordinance Amendment 25-02 codifying and updating the PUD for The Villas at Fillmore, subject to
City Council's approval of the Preliminary and Final Plat for The Villas at Fillmore Third Addition.
Approve the preliminary plat for The Villas at Fillmore Third Addition, with the following conditions:
1. Council approval of the ordinance amendment approving the PUD changes.
2. A Water Availability Charge for each lot must be paid before connection to the municipal water system.
3. A tee will need to be installed for each connection to the existing HDPE water main; tapping HDPE pipe
will not be permitted.
4. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and
construction activities.
5. The development agreement must include reimbursement for the water main extension that was installed
along Fillmore Street in 2022 and paid for by ERMU in the amount of $44,590.
6. The sanitary sewer will be privately owned/maintained.
7. The storm pipe will be privately owned/maintained as it captures only storm water from the private street.
8. Extend sewer and water stubs to easement line.
9. All retaining walls will be privately owned and maintained by the property owners or HOA. This must be
noted in the plans.
10. The developer will need to install one to two pipe crossings under the private road. ERMU will provide
the pipe and location of crossings when ready.
11. Electrical service for the lift station is considered commercial. The developer will need to provide a
secondary electric service.
Adopt Resolution 25-09 approving the final plat of The Villas at Fillmore Third Addition, with the following
conditions:
1. Council approval of a Development Agreement outlining the responsibilities of the developer.
2. 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).
3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public
improvements.
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4. 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.
5. The Development Plan shall be approved by the public works director prior to the issuance of building
permits.
6. Staff approval of all site, civil, and landscaping plans.
7. Park dedication shall be paid for six low-density parcels at the rate applicable at the time of recording.
8. 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 is proposing to complete the final phase of The Villas at Fillmore. This phase includes six single-
family lots located on a private drive. The site has limited development potential due to existing wetlands,
storm water features, sanitary sewer limitations, and a large overhead powerline. These factors contributed
to the developers' decision to construct the project on a private street.
Site Plan
The project includes one private cul-de-sac providing access to all six parcels, which are generally 60-feet
wide. Parking is provided on the driveway and with six parking stalls perpendicular to the private street. The
homes will be a minimum of 10-feet apart and maintenance will be addressed by an HOA.
Public Utilities
All six homes will be connected to city sewer and water. However, the sewer service requires a private lift
station to convey the effluent to the city's system. The city will not maintain this lift station, and the
development will connect to the public system near the intersection of 177th Ave and Fillmore Street.
The water main is located beneath the trail on the west side of Fillmore Street and the developer will need to
make two connections to provide the required loop of service. The water main providing service to this
phase was installed by the developer with the first phase of this subdivision, but ERMU reimbursed the
developer as the extension was for a looped service at the time. ERMU has requested reimbursement for this
cost as the extension is now providing service for this phase. These types of utility services are generally
installed at the developer's expense. The condition noting the reimbursement cost has been updated since the
Planning Commission review and is based on ERMU's recommendation.
Park and Recreation Commission
The Commission reviewed the project on March 12, 2025, and recommended park dedication be paid for six
low-density residential parcels. The developer had installed the trail along Fillmore with their first and second
additions. The trail was installed by the developer, but the city funded the trail through park dedication funds.
Planning Commission
The Planning Commission held a public hearing on February 25, 2025, to review the ordinance amendment
and the preliminary plat. Two residents spoke during the public hearing. The first, a resident east of the
project area, inquired whether the existing ingress/egress easements he has along the north property line will
be impacted. This easement was granted in 1984 and is noted on the final plat as an easement that will remain
in place. The second resident asked several questions specific to the proposed setback from natural features
and distance from existing homes. The proposed project meets the required setbacks, but staff noted to the
Planning Commission that as the project is being reviewed as a PUD, they could require increased setbacks.
The applicant also spoke and noted that this phase will have the same HOA and builder as the first two
additions.
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The Planning Commission unanimously recommended approval of the ordinance amendment and preliminary
plat with the conditions noted in the memo.
Financial Impact
None
Mission/Policy/Goal
Opportunity to live, work, and play.
Support the growth and development of the community.
Attachments
1. Planning Commission Memo dated 02-25-2025
2. Ordinance Amendment - Villas at Fillmore PUD
3. Final Plat
4. Final Plat Resolution for The Villas at Fillmore Third
5. Council Presentation
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The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.3
Meeting Date
February 25, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Preliminary Plat and Ordinance Amendment (PUD):
The Villas at Fillmore Third Addition, PID 75-00931-
0030, Riverside Development
Reviewed by
Chris Leeseberg
Action Requested
Recommend, by motion, approval of an ordinance amendment codifying and updating the PUD for The Villas at
Fillmore.
Recommend, by motion, approval of the preliminary plat for The Villas at Fillmore Third Addition, with the following
Conditions:
1. Council approval of the ordinance amendment approving the PUD changes.
2. A Water Availability Charge for each lot must be paid before connection to the municipal water system.
3. A tee will need to be installed for each connection to the existing HDPE water main; tapping HDPE pipe will
not be permitted.
4. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and
construction activities.
5. The development agreement must include a prorated cost share for the water main extension that was
installed along Fillmore Street in 2022 and was paid for by ERMU in the amount of $32,725.
6. The sanitary sewer will be privately owned/maintained.
7. The storm pipe will be privately owned/maintained as it captures only storm water from the private street.
8. Extend sewer and water stubs to easement line.
9. All retaining walls will be privately owned and maintained by the property owners or HOA, this must be
noted on the plans.
10. The developer will need to install one to two pipe crossings under the private road. ERMU will provide the
pipe and location of crossings when ready.
11. Electrical service for the lift station is considered commercial. The developer will need to provide a
secondary electric service.
Background/Discussion
The applicant is proposing to complete the final phase of The Villas at Fillmore. This phase includes six single-
family lots located on a private drive. The site has limited development potential due to existing wetlands,
storm water features, sanitary sewer limitations, and a large overhead powerline. These factors contributed
to the developers decision to construct the project with a private street.
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Site Plan
The project includes one private cul-de-sac providing access to all six parcels, which are generally 60-feet
wide. Parking is provided on the driveway and with six parking stalls perpendicular to the private street. The
homes will be a minimum of 10-feet apart and maintenance will be addressed with an HOA.
Public Utilities
All six homes will be connected to city sewer and water. However, the sewer service requires a private lift
station to convey the effluent to the city's system. The city will not maintain this lift station, and the
development will connect to the public system near the intersection of 177th Ave and Fillmore Street.
The water main is located beneath the trail on the west side of Fillmore Street and the developer will need to
make two connections to provide the required loop of service. The water main providing service to this
phase was installed by the developer with the first phase of this subdivision, but ERMU reimbursed the
developer as the extension was for a looped service at the time. ERMU has requested reimbursement for this
cost as the extension is now providing service for this phase. These types of utility services are generally
installed at the developer's expense.
Ordinance Amendment
The proposed ordinance amendment will take the place of a PUD agreement. The standards of the previous
PUD agreement will be codified into city ordinances, providing more clarity and transparency for the public.
The only changes proposed are for the inclusion of the third phase and memorializing the private street and
utility items.
Preliminary Plat
City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat.
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.
The property was rezoned to Planned Unit Development with the first phases of this subdivison. With the
PUD designation, the development will follow their own development standards, as approved in the ordinance
amendment for the PUD
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.
As the property was rezoned to PUD and is guided for residential uses by the Comprehensive Plan, the
subdivision is consistent with all applicable plans.
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.
The physical characteristics of the site 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.
The subdivision will include infrastructure to meet city requirements. The sanitary service and required lift
station will be privately owned and maintained, but will become public after making the connection to existing
services. The water service also requires reimbursement for previous work paid for by ERMU, but that now
serves the current development phase. Finally, additional permits required to comply with erosion control
standards are required and will be secured prior to building permit issuance. These concerns have been
included as conditions of approval.
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5. The proposed subdivision will not cause substantial environmental damage.
Although there will be site grading, the 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.
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.
The only undeveloped property is one similarity size and shaped directly to the west of the subject
parcel. The proposed subdivision will not impact 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.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Responsibly grow.
Opportunity to live, work, and play.
Attachments
1. Location Map
2. Preliminary Plat
3. Civil Plans
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Ordinance 25 - ____
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 property located within the City of Elk River,
Sherburne County, Minnesota is hereby zoned 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 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.
AND
Outlot C, THE VILLAS AT FILLMORE, Sherburne County, Minnesota.
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Last Updated January 2023
(b) PUD Development Standards. The property 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, playgrounds and open space;
4. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer
children shall be considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility whose primary
purpose is to treat juveniles who have violated criminal statutes relating to sex
offenses or have been adjudicated delinquent on the basis of conduct in violation
of criminal statutes relating to sex offenses shall not be considered a permitted
use.
b. Accessory Uses
a. Accessory dwelling units
b. Residential occupations.
c. Structures, accessory.
d. Signs (as permitted in section 30-851 et seq.).
c. Conditional Uses
a. Kennels, private
(2) Lot Size
a. The PUD permits lot sizes as follows:
Lot Type
Minimum
Lot
Width
Minimum
Dwelling
Width
Minimum
Lot
Depth
Typical
Lot Area
Residential Lot 52’ – 0”40' - 0"113' - 0"5,870 SF
(3) Setbacks
1. Primary Structures
Front Setback 25' - 0"
Side Setback 5' - 0"
Rear Setback 20' - 0"
Corner Front Setback 25' - 0"
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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 property 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 style.
2. Façade 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.
f. Common areas shall be under the ownership 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 city
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 City 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 city hall.
Plan A – Preliminary Plat of The Villas on Fillmore as approved by the Elk River City
Council on July 18, 2022, and subject to all conditions of approval.
Plan B – Street and Utility Construction Plans prepared by Rum River Land Surveyors and
Engineers and dated January 23, 2023.
Plan C – The Preliminary 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 Surveyors and Engineers and dated January 23, 2025.
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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.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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Resolution 25-____
A Resolution of the City of Elk River Granting Final Plat Approval for
The Villas at Fillmore Third Addition
Case No. P 25-02
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,the preliminary plat of the Property was approved by the City Council on
March 17, 2025; and
WHEREAS,the proposed final plat is consistent with the preliminary plat as approved by
the City Council; 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 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.
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.
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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.
3. 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 17th day of March 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
Outlot C, The Villas at Fillmore, Sherburne County, Minnesota
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EXHIBIT B
CONDITIONS OF APPROVAL
1. Council approval of a Development Agreement outlining the responsibilities of the
developer.
2. 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).
3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of
the public improvements.
4. 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.
5. The Development Plan shall be approved by the public works director prior to the
issuance of building permits.
6. Staff approval of all site, civil, and landscaping plans.
7. Park dedication shall be paid for six low-density parcels at the rate applicable at the time
of recording.
8. 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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Villas on Fillmore Third
Plat and Ordinance/PUD
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Background
§Plat the third phase of the subdivision
§6-lots with a private street
§60-foot lots with homes 10-feet apart
§Narrow developable area due to wetlands
§Property currently zoned PUD
§Approved with the previous additions
§PUD standards will be codified into city code
§Comp Plan supports the residential development
§Served by city services
§Sanitary requires private lift station
§Looped water service
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Planning Commission
§Two residents spoke during PH
§Private ingress/egress easement
§Development timing and setbacks
§Snow removal on private street
§Developer has spoken with both residents
§PC unanimously recommended approval
§Developer has no concerns with recommended
conditions
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Actions Requested
1.Adopt, by motion, the ordinance amendment updating
and codifying the PUD for Villas on Fillmore
2.Approve, by motion, the preliminary plat with the
conditions noted in the memo.
3.Adopt, by motion, a resolution approving the final plat
with the conditions noted in the memo.
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