98-004 ORDORDINANCE 98-__4_
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM R2 (TWO FAMILY RESIDENTIAL)
TO PUD (PLANNED UNIT DEVELOPMENT)
CASE NO. ZC 97-4
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to rezone the property described as:
Section 2.
findings:
o
See Attached Exhibit A
The rezoning is being approved based on the following
RECENT FRONTAGE ROAD IMPROVEMENTS HAVE CHANGED THE CHARACTER
OF THE PROPERTY TO WARRANT A REZONING.
A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF
DEVELOPING THE PROPERTY.
REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
THE EXISTING FRONTAGE ROAD HAS BEEN DESIGNED TO ACCOMMODATE
AN INCREASED DENSITY OF DEVELOPMENT ON THIS SITE.
Section 3. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this 9th day of February, 1998, by the City
Council of the City of Elk River.
Sandra A. Thackeray, City Cler~
//I-~en/A. Duitsman, Mayor
Exhibit A
All that part of the Northwest Quarter of Section 32, Township 33, Range 26,
Sherburne County, Minnesota lying northerly of the Northerly line of the right-of-
way of U.S. Highway No. 10; lying southerly of the Southerly shore line of Lake
Orono; lying easterly of the following described Line #1; and lying westerly of the
following described Line #2.
Said Line #1 being described as Commencing at the Southwest corner of said
Northwest Quarter; thence North 89 degrees 16 minutes 46 seconds East
along the South line of said Southwest Quarter for 681.14 feet; thence North
I degree 48 minutes 00 seconds West for 90.63 feet, more or less, to intersect
said Northerly line of the highway right-of-way, said point of intersection
also being the actual Point of Beginning of said Line #1 to be hereby
described; thence continue North 1 degree 48 minutes 00 seconds West along
said Line #1 (said Line #1 being marked with Judicial Landmarks set
pursuant to Torrens File No. C2-88-1087) for approximately 1073 feet to
intersect with and terminate said Line 31 at said Southerly shore line of
Lake Orono.
Said Line #2 being described as Commencing at the point of intersection of
the East line of said Northwest Quarter with the centerline of said U.S.
Highway No. 10; thence southwesterly along said centerline, being a curve
concave to the south, radius 2291.87 feet, for a central angle of 2 degrees 08
minutes 34 seconds and length 85.71 feet; thence South 58 degrees 58
minutes 00 seconds West, tangent to said curve, and along said centerline for
986.99 feet to a point thereon a distance of 1072.7 feet southwesterly of said
point of commencement; thence North 31 degrees 02 minutes 00 seconds
West at right angles to said centerline for 112.5 feet to intersect said
Northerly line of the highway right-of-way, said point of intersection also
being the actual Point Of Beginning of said Line #2 to be hereby described;
thence continue North 31 degrees 02 minutes 00 seconds West along said
Line #2 for 113 feet, more or less, to intersect with and terminate at said
Southerly shore line of Lake Orono.
For the purposes of the above descriptions the West line of the Southwest Quarter
of said Section 32 is assumed to bear South 0 degrees 48 minutes 31 seconds East.
EXCEPTING THEREFROM all that part thereof platted as FOX HAVEN
COMMERCIAL, said County.
Containing 11.7 acres, more or less. Subject to easements of record, if any.
\\elkriver\sys\shrdoc\document\ordinanc\zc97-4.doc
Affidavit of Publication
ORDINANCE 98-4 .
. . CITY OF ELK R!VJm .
. AN ORDINANCE Al\tENDING
, '00 CITY O~ ELK IUVER,
. . ~'MAl> TO REZONE .'
PROPER1Y FROM'R2 .
, ' . ..." . ;y: RE~lDENTIAL)
TO pun (PLANNED UNIT .
.,>-. PE~QPMENT)
CASE NO, ZC 97-4 .
,City Co\W.cil of, . ity of Elk
herel?y follows:
1. The d eq. ZQJl4lg
it ill ~reby
" .'~. . ,. property
ljed as.., .' '.,
. .i~'. '" . , EXhibi
. AJ,1.thatpart of the Northwest
Quarter of Section, 32, . Township 33, .
Range' ,26,.' Sherburne" County,
MinnesotCil lying northerly, of 'the .
Northerly line of the right-of-way pf
U.S. Highway No. 10; lying southerly
'of: the Southerly shpre line of Lalie
IOT-ono; ,lying easterly of the following
. . , Li!W #1; a1l;cllyin' westerly
of $
and
. uth 58
degrees 68 ini..seconcls West,
tangf4nt ,tp said curve, qnd aJpng said
centerline for. 986.99 feet: to. a' froint
thereon a distance ofl072; 7 feet sQutb--
westerly of Sflid point. of comrrul1i,ee-
ment; thence North rJ1 degrees 02 nUn-
utlls 00 secioltd~.West.at right anglQs to
said centerlin'e for 112.5 feet to inter-
sect said Northerly line of the highway
. oint of intersection
ql . t Of
#2 lJy
~n~' ort.:31
ds West
more or ,
inate at
e of Lake
S
'is qBsu1!Wd to ar
minutes 91 seconds .' . .
EXOEPTING THEREFROM all that
part thereof platted as FOX HAVEN
COMME:RCIAL, said County.
C!nntSlininlz 11.7 acres..more or less.
's . 'to ea2~ ~eTmheents 'of recoid; ifail,y.
. ' n;'. .. .rezonmg i~ bemg
.. ~pproved based. on the followIDg find-
mg~: " . .
l.R:{l: ". FRONTAGE ROAD
IMPRO ' . HAVE CHANGED
THE CHARAC R OF THE PROP~
ERTY TO W. .. A REZONING.
. 2. A PLANNED UNIT' DEVELOP-
,MENT ALLOWS A COMPREHEN-
SIVE REVIEW OF DEVELOPING
THE PROPERTY. . .
3. REZONING WILL BE CONSIS-
TENT WITH THE COMPREHEN-
SIVli; PLAN; ", f ., . .',
. 4. THE 'EXISTING FRONTAGE
ROAD 'HAS BEEN I;>ESIGNED TO
ACCOMMODATE 'AN INCREASED
DENSITY OF DEVELOPMENT ON
THIS SITE. , ,<
Section 3. That this Ordinance
sh!ll! take effect and be in full force
:~:. and lU\e~ the date, of its public!il-
r~sed .~d, adopted this 9th day of
February, 19!*l, by the City Council of
the City of Elk River. ' . ....
At'J..1!iST: HenryA.:QQjtl!~an~ ~ayor
Sandra A Thackeray, City Clerk
....., ..' (My(?)' . :
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
L \ \ ~Qoct\\ \-\~( '( \ ~
being duly sworn, on oath says that helshe is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. I i
(B) The printed O,6\fla.f\Ce Q8-,
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for \ suc-
cessive weeks; it was first published on Wednesday, the lo ib
day of ~ ' 199fL, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
. notice.
BY:
TITLE:
a b c defgh ij kl m n 0 p qrstu v wxyz
~!Jt- "
Gex\cY"Q \ mClx\Q~ ~f
Subscribed and sworn to before me on this
~~ f , 19..9iL.
\.0 -\h
day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ \ led .00
$ \'dt.31
$ \Cj-L3 \