8.2. SR 07-15-2019 - Laserfiche WebLink

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FINDINGS OF FACT 1. The property at 20655 Victoria Drive was platted as Lot 4, Block 1, in the plat HILLTOP WOODS ESTATES, approved by the City Council on May 17, 1993. 2. The Developer Agreement (“Agreement”) regulating development of the property and public improvements for Hilltop Woods Estates was signed on July 13, 1993. 3. Section 6, Additional Conditions, paragraph (01), Future Phases, of the Agreement states: The Subdivision is the first phase of a development which may include future lots. Final plat approval of future phases will be subject to such conditions as shall be imposed by the City Council at the time of final plat approval, including extension of Victoria Drive through the Subdivision to the north. No more lots will be allowed on Victoria Drive until and unless a connection to the City street system is made to the north so that Victoria Drive is no longer a dead end street. 4. Section 7, General Provisions, paragraph (02), Binding Effect, of the Agreement states: The terms of the provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or and part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. 5. Elk River City Code states that in order for a subdivision to be approved, the request must meet the eight findings outlined in Sec. 30-375. – Required findings; The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (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. (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. (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. (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.