7.4 SR 06-16-2025The 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
7.4
Meeting Date
June 16, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Preliminary Plat, Resolution 25-30 for Final Plat, and
Ordinance Amendment 25-10: Supporting The Villas
at Fillmore Third Addition
Reviewed by
Chris Leeseberg
Cal Portner
Tina Allard
Action Requested
Adopt Ordinance 25-10 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. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and
construction activities.
4. 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 Elk River Municipal Utilities (ERMU) in the amount
of $44,590.
5. The sanitary sewer will be privately owned/maintained.
6. The storm pipe will be privately owned/maintained as it captures only storm water from the private street.
7. Electrical service for the lift station is considered commercial. The developer will need to provide a
secondary electric service.
Adopt Resolution 25-30 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.
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
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in its approval until the site is appropriately investigated and work is authorized.
Background/Discussion
The applicant is proposing to update the previous approval for the third addition and complete the final phase
of The Villas at Fillmore. The proposal 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
large overhead powerlines. These factors contributed to the developers' decision to construct the project on
a private street.
Site Plan
The project includes a private drive that provides access to all six parcels, which are generally 60-feet wide.
Additional parking, beyond the driveway areas, is provided on one side of the private drive. The homes will be
a minimum of 10-feet apart and maintenance will be addressed with a Homeowners Association (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 is proposing
a new service line for each home, which connects directly to the main.
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.
Park and Recreation Commission
The Commission reviewed the project 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 May 27, 2025, to review the ordinance amendment and
preliminary plat. No one spoke for or against the request and the commission unanimously recommended
approval of the ordinance amendment and preliminary plat.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Opportunity to live, work, and play.
Attachments
1. Location Map
2. Planning Commission Memo May 27, 2025
3. Preliminary Plat
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4. Civil Plans dated April 23, 2025
5. Final Plat
6. Final Plat Resolution
7. PUD Ordinance Update
8. 7.4 Villas Third UPDATE Presentation
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Preliminar y Plat (P 25-10)
Final Plat (P 25-11)
Riverside Development
SITE
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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
May 27, 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. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and
construction activities.
4. 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 Elk River Municipal Utilities (ERMU) in
the amount of $44,590.
5. The sanitary sewer will be privately owned/maintained.
6. The storm pipe will be privately owned/maintained as it captures only storm water from the private
street.
7. 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 update the previous approval for the third addition and complete the final phase
of The Villas at Fillmore. The proposal 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
large overhead powerlines. These factors contributed to the developers' decision to construct the project on
a private street.
Site Plan
Page 490 of 637
The project includes a private drive that provides access to all six parcels, which are generally 60-feet wide.
Additional parking, beyond the driveway areas, is provided on one side of the private drive. The homes will be
a minimum of 10-feet apart and maintenance will be addressed with a Homeowners Association (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 is proposing
a new service line for each home, which connects directly to the main.
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 subdivision. With the
PUD designation, the development will follow its 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.
5. The proposed subdivision will not cause substantial environmental damage.
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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 similarly sized 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.
Attachments
1. Location Map
2. Preliminary Plat
3. Civil Plans dated April 23, 2025
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NSITENLVSUESEEES505 First Street, Princeton, MN 55371O - 763.389.4476 RRLSE.comPage 515 of 637
Resolution 25-30
A Resolution of the City of Elk River Granting Final Plat Approval for
The Villas at Fillmore Third Addition
Case No. P 25-11
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
June 16, 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 16th day of June 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.
Page 519 of 637
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
Ordinance 25-10
An Ordinance Amending Section 30-1602, Villas on Fillmore PUD, 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, Section 30-1602 (c) of the City of Elk River Code of Ordinances shall be
amended to add the following Section:
Section 30-1602. – Villas on at Fillmore PUD
(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 June 16, 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 April 23, 2025.
SECTION 2. 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 16th day of June, 2025.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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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
§Update to recent 6-lot approval.
§Minimizing utility work.
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Planning Commission
§PC held public hearing on May 27, 2025
§No one spoke during hearing
§No comments before or after
§Staff received an updated layout, adjusting the rear lot
lines for parcels 1-3.
§Does not impact wetland setbacks.
§Straightens out the rear lot lines.
§No concerns from staff
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Actions Requested
Adopt ordinance 25-10 updating and codifying the PUD
for Villas on Fillmore
Approve the preliminary plat of Villas at Fillmore Third
Addition, with the conditions noted in the memo.
Adopt resolution 25-30 approving the Final Plat, with the
conditions noted in the memo.
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