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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, makes the following findings of fact and decision with respect to the Application by Linda Schultz for a subdivision to be known as Hilltop Woods Estates Second Addition at 20655 Victoria Drive NW. 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 city also approved a variance allowing an extended cul-de-sac, Victoria Drive NW, to provide access to the parcels within the subdivision. 3. The Developer Agreement ("Agreement") regulating development of the property and public improvements for Hilltop Woods Estates was signed on July 13, 1993. 4. The Agreement regulated development of the property and expired upon acceptance of the public improvements described in the Agreement. 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. (5) The proposed 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. (7) The proposed subdivision will not have an undue and adverse impact on the 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. l0MEAEI IT NATURE