4.6 SR 04-21-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
[ITEM_HEAD]
Request for Action
To
City Council
Item Number
4.6
Meeting Date
April 21, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Resolution 25-15: Summary Publication of
Ordinance 25-02
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 25-15 approving the summary publication of Ordinance 25-02, which outlines
the development standards for the Villas on Fillmore Planned Unit Development.
Background/Discussion
On March 17, 2025, the City Council adopted ordinance 25-02 establishing the development standards for
The Villas on Fillmore PUD. The ordinance followed the PUD agreement standards previously approved by
the City Council, but adds these standards to the city code for improved access by the public.
Summary publication is permitted under state statute 412.191 sub 4 allows publication by title and summary in
the case of lengthy ordinances. The attached resolution provides a summary of the ordinance and informs the
public as to where the full text of the ordinance can be reviewed.
Financial Impact
The publication cost will be charged to the applicant's escrow.
Mission/Policy/Goal
Responsible for every dollar - good stewards.
Attachments
1. RES 25-15 Summary Resolution OA 25-02
2. Ordinance 25-02
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Last Updated January 2023
Resolution 25-15
A Resolution of the City of Elk River approving notice of summary publication of
Ordinance No. 25-02, of the City of Elk River, Minnesota, City Code
WHEREAS,on March 17, 2025, the Elk River City Council adopted Ordinance No. 25-02
amending Chapter 30, Division 9, entitled “Other Nonoverlay Districts”; and
WHEREAS,Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary
in the case of lengthy ordinances; and
WHEREAS,the City Council finds that the following summary will clearly inform the public on
the intent and effect of Ordinance No. 25-02; and
WHEREAS,a copy of the full text of Ordinance No. 25-02 is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway, during
regular business hours – 8:00 a.m. to 4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows: That the City Council, by at least four-fifths votes, authorizes publication of
the title and the following summary of Ordinance No. 25-02.
Public Notice
During their March 17, 2025, meeting, the City Council adopted Ordinance No. 25-02, an ordinance
amending Chapter 30, Division 9, entitled “Other Nonoverlay Districts”.
In summary, Ordinance No. 25-02 makes the following changes to the aforementioned sections of
the city code:
1. Maintaining the current permitted and conditional uses and architectural standards within
the Villas on Fillmore Planned Unit Development (PUD).
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.
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Last Updated January 2023
Passed and adopted by the City Council of the City of Elk River this 21st day of April, 2025.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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of
ver
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 aatapointontheNorthlineofsaidNorthwest [ )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
O EAEIINATUREI
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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"
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F011111 tr
NAWRE
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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.
6nnj. ietz, Ma ,or
ATTEST:
I
Tina Allard, City Clerk
Last Updated January 2023 IEIEIi'driATU
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