ORD 01-006 ORDINANCE 01- 06
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 1008.20 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 01-01
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 1008.20 titled, Open Space Maintenance, Preservation
and Development, of the City of Elk River Code of Ordinances shall be amended
read as follows:
Section 2(E)(i)(b) shall be amended to read as follows:
b. A minimum of fifty (50%) percent of the Eligible
Land for development shall be dedicated as
preserved open space protected by a conservation
easement. Of that fifty percent, thirty-five
(35%) percent shall be buildable area except in
the A1 District it shall be ten (10%) percent.
Section 2(E)(ii) shah be amended to add the following:
g. The City shall have the option of requiring that
shoreline and areas along streams be included as
preserved open space.
Section 2(E)(iv) shall be amended to read as follows:
iv. Park Dedication Requirements. Park dedication
fee requirements shall be based upon the total number of
house lots platted if fees are paid in lieu of land.
Section 2(E)(vi) shall be amended as follows:
a. Lot size:
Minimum lot size - 11,000 sq. ft. (80 ft. x 130
ft., 100 ft. width on corner lots).
Maximum lot size - Two and one-half (2 h) acres.
b. Building setbacks.
Front 20' house 30' garage
s:\planning\ordinanc\oa01-01.doc
e. Accessory structures shall be allowed on
preserved open space lots without a principle
structure as provide for in the developers agreement.
Section 2(F)(iv) shall be amended to add the following:
Example:
Rla District eligible land area - 24 acres
Density bonus: (24/2.5) x .05 = .48
Each 5% bonus = .48 lots
A1 District eligible land area - 42 acres
Density bonus: (42/10) x .05 = .21
Each 5% bonus -= .21 lots
Section 2(F)(iv) shall be amended as follows:
c. An additional 10% open space is provided above
the required 50% preserved Eligible Land. The
additional 10% open space shall be buildable area (5%
bonus).
e. Provide covenants to create an architectural
theme to include items such as, porches, side or rear
loaded or detached garages (5% bonus). Landscape
theme, lighting theme, and open space/central meeting
place shall make up 2.5% of the density bonus and
additional architectural elements shall make up 2.5%
of the density bonus. A written narrative describing
the architectural theme shall be provided with the
preliminary plat.
f. Maximum lot size h acre (5% bonus).
Section 2. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this 19th day of
March, 2001.
Attesti/
Sandra A. Peine
City Clerk
St~~4~inzing -.~V
Mayor
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Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
f; 1l2.,"a b e tU~", r-\-S
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper 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.
CB) The printed (5 rd\ l\ I C\ \\ r-e 0/-1;(0
l ~1 C'T ~ I~ R\ l)e~
which is attached was cut from the columns of said
newspaper, i.nd was printed and published once each
week, for successive weeks; it was first published
on Wednesday, the ;J ~.tJ... day Of~,
20 () t ,and was thereafter printed and published every
Wednesday to and including Wednesc\,,"y, the
day of , 20 ; 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 bed efghij k I mno p qrs tuvwxyz
~~nc~~' ~
.. ,>V'cI
0.. ;:) . day of
Subscribed and sworn to before me on this
~'\'c1 \.,\ ,20~.
(3) Rate actually charged for the
above matter
$~
$J~I, 'i5
m. . e.up 2.5%
of y .on\l!l and additional
architec ural elements shall make
up 2.5%. of' '. bon~. A
writ~!ln . . :bing the
. 1 b!lpro-