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ORD 14-20Ordnance 14- 20 c'� ° °'' r� to be removed Underlines to be added An Ordinance Adding Chapter 30, Article VIII Land Development Regulations, relating to OffcW Maps and Adopting an Official Map, 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 Article VIII be added to Chapter 30, Official Map of the City of Elk River Code of Ordinances shall be amended to read as follows: OFFICIAL MAPS 30 -XXX. PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non -public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.36. 30 -XXX. OFFICIAL MAP DEFINED: "Official map" as used in this ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets, and the area needed for widening or existing streets of the City. An official map may also show the location of existing and future land and facilities within the City. An official map may cover the entire City or any portion of the City. 30 -XXX. INITIATION OF PROCEEDINGS: Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by (1) the City's Planning Department; (2) a recommendation of the Planning Commission; or (3) action by the City Council. 30 -XXX. REFERENCE TO PLANNING COMMISSION: Every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty -five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no recommendation is received by the Council from the Planning Commission within forty -five (45) days after reference of the proposal to the Commission by the Council, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission. Last Updated March 2014 P 0 ti f a I I I I NATURE] to be removed Underlines to be added 30 -XXX. NOTICE AND HEARING: (A) Notice. Upon receiving the recommendation of the Planning Commission or after forty -five ($3) days from the submission of the proposal to the Planning Commission without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not invalidate the proceedings. (B) Hearin . At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 30 -XXX. PREPARATION AND FILING OF MAP'S: The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Recorder. 30 -3 =. EFFECT After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to the provisions of this ordinance. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public purposes, or within required setback from mapped streets. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the City any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 30 -XXX. APPEALS: Whenever a building permit is denied pursuant to this ordinance, the Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in Last Updated March 2014 [NATURE] Stfikegtrattghs to be removed Underlines to be added any case in which the Board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the Board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other Board or Commission having jurisdiction shall have six (G) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise conforms to local ordinances. 30 -XXX. ADOPTION OF MAP: The map entitled "Official Map of City of Elk River ", a copy of which is attached to Ordinance No. 20 and incorporated herein by reference, is hereby adopted and designated as the Official Map of City of Elk River. 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 15th day of December, 2014. hn . Diet�z� �Zayor ATTEST- Tina Allard, City Clerk Last Updated Mardi 2014 Pap'EAE1a A � 8fi H 0717 Of*hgge wo Uoty .,M as n it pEs TK RAF oF wjwm� mm Feet K Mon vtht..4� zilil d ­9 Wt fins, o,d 10 • 1-10 1 1� Et i, idM and ad",g b.01 "n". •I- ..4r := . SCALE as Ifto— w tP. ploL N FEET t4*lbd �— U IN. .0 !I= w ft SCALE I WCH &0 FM 040=0" arMi aee eeaa iltt im MT Dne Mr aol P% m to .,M as n pEs TK RAF oF wjwm� mm 7 1 l: U 4 1 ��:_ � �e 1 "MaT LAummT Par IK PL-71k m Ma Pot -.tg= =7 53 ev LOT 4 Lor 3 -DRONG DR.DMIGE ft� #AUTY -AMMENT PER THE FLAT or awl TIc FuT M mm ;�w OU55� rza� ija wn=.o, "Dw arMi aee eeaa iltt im MT Dne Mr aol P% m to r d { E C 5� 0 86 1F0 2 SCALE IN fUl i ®BOHOn & MerY, Inr 11113, z Alf fli6hlo Reserves I EOP 133,04.46 171ST AVE NW LOT 3 { y I 35 25 I I II � taJ r 'CENFiRLINC 1'ER PLAT Ad _� .C+' MISS }SS PPI RIDG£/ _ Q I � x �. LOT 2 vT y2s*obsl 4ti i LOT 4 i PROPOSED CENTERLIN_ A,' IGNMFNT �• �a 4 170TH AVE NW i...�. PROPOSED AOA4S1'AV LASEMI NI SURVEYOR'S CERTIFICATION I hereby certify that Ihis survmv was p,epared by me or unJe my Bred .p—w— and That 1 em a duty Iirensed no surveyor under the laws flf the Y.ate of h7lnnesota. .....__.�., 11/16! ath ?riel T. Sradl2r pate License Number 43934 Iv. ti1JMULw Y1b.1e1.J11b HL LU VCJUvL: NJA URA \NN 6y,- }GM R2E T32 5L 7 JrAAV'� d i 1 p s 171ST AVE NW ...NW CCsRNER I. :.0' 1 LOT 3 F3LOCK) 25 LOT 1 i r i tt� }ti Ln C 0 80 1tIc SCALE IN FEE) SURVEYOR'S CERTIFICATION I hereby certify that this survey was prepared by me or under rnydired supervision and that I am a duly ikensed land surveyor under the laws of the State of Minnesota. 1111d /2M athaniel T. Stadler Date License Number 43934 PROPOSED EASEMENT D €SCPHT10N: A 60.00 foot wide roadway Easement, over, under and across that past of Lot 4, Bkxk 3, MISSISSIPP: 8105E SECOND ADUTION, according to ttse recorded plat thereof, Sherbumt County, Minnesota. The easterly line of said eawme , is described as follows: Beginning at the Nurthwest carrier at xL 7.. Block 1, MISSIWPPJ RI7GE TW RD AODI't'IOi4, according to the recorded plat thereof said Sherburne County, thence Smith 06 degrees 49 m notes 06seconds East, assurrsed bearing along the raestxdy line of said Lin t and it's snuthcrty eatensiw, a distance of 440.9fl foot; thence southeasterly. a distance of 210.89 teal. along a tangential mw concave to the northeast, having a radius of 265,00 feet, viii a teMral angle of 45 degrees 35 miwtes 49 setands, thence South 52 degrees 15 minutes SS seconds East, tangent to the Iasi described curve, a distanceof 5400 feet and said line there terminaeing x' Y w cBOhon B Monk, Inc 2014, r AH Rights Reserved Cn to r oil Q �I 52'15'55° E 0.00 i 170TH AVE NW! _ I I{ l PROPOSED ROADWAY EASEMENT CONTAINING 37,1164 SO FT 10BxLh%1BER: Rl6.lu621b NLLVW1 1! NJA ue.", vr. I.- AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE } Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: Star News and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat_ §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 12/20/2014 and the last insertion being on 12120/2014. By: Authorized Agent Subscribed and sworn to or affirmed before me on 12/2012014. Notary Public F k Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 326852 CITY OF ELK RIVER ORDINANCE 14 - 20 AN ORDINANCE ADDING CHAPTER 30, ARTICLE VIII LAND DEVELOPMENT REGULATIONS, RELATING TO OFFICIAL MAPS AND ADOPTING AN OFFICIAL MAP, OF THE CITY OF ELI( RAVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Article VIII be added to Chapter 30, Official Map of the City of Elk River Code of Or- dinances shall be amended to read as follows: OFFICIAL MAPS 30 -X70(. PURPOSE: Land that is needed for future street purposes and as sites for other necessary public facilities and services is fre- quently diverted to non - public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such ad- justments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as au- thorized by the Minnesota Munici- pal Planning Act, Minnesota Stat- utes, Section 462.351 to 462.36. 30400(.OFFICIAL MAP DE- FINED: "Official map" as used in this ordinance means a map ad- opted in accordance with this or- dinance showing existing streets, proposed future streets, and the area needed for widening or exist- ing streets of the City. An official map may also show the location of existing and future land and facili- ties within the City. An official map may cover the entire City or any portion of the City. 30- XXX.INITIATION OF PRO- CEEDINGS: Proceedings for adop- tion, amendment, or repeal of an Official map or any part thereof may be initiated by (1) the City's Plan- ning Department; (2) a recommen- dation of the Planning Commission; or (3) action by the City Council. 30 -XXX. REFERENCE TO PLAN- NING COMMISSION: Every pro- posed official map or change in a map shall be referred to the Plan- ning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty -five (45) days after reference to the Planning Commission along with the report of the Commission un the effect of the proposal on the comprehensive plan of the City. If 10 recommendation its received ay the Council from the Planning commission within forty -five (45) Jays after reference of the proposal o the Commission by the Council, he Council may take such action is it may deem proper upon the )roposal without further action by he Planning Commission, 30- )00(.NOTICE AND HEAR- ING: (A) Notice. Upon receiving the recommendation of the Planning Commission or after forty -five (45) days from the submission of the proposal to the Planning Commis- sion without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the wrapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (1 0) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not in- validate the proceedings. (B) Hearing, At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the propos- al. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 30 -XXX. PREPARATION AND FILING OF MAPS: The official map or maps shall be prepared in sufficient detail to permit the es- tablishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a licensed land surveyor. After enactment of any ordinance adopt- ing an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Re- corder. 30- )=.EFFECT: After an of- ficial map has been adopted and filed, the issuance of building per- mits by the City shall be subject to the provisions of this ordinance. The City shall deny every applica- tion for a permit to construct a new building or structure or expand an existing building or structure within any area designated on the official map for street or other public pur- poses, or within required setback from mapped streets. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of condi- tions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the exist- ing street or within any area thus identified for public purposes. The adoption of an official map does not give the City any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit, 30- XXX.APPEALS: Whenever a building permit is denied pursuant to this ordinance, the Board of Ap- peals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the offi- cial map for a street or other public purpose in any case in which the Board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the ap- pellant of which the area designat- ed for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by consid- erations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hear- ing has been published in the of- ficial newspaper once at least ten (10) days before the hearing. If the Board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other Board or Commis- sion having jurisdiction shall have six (6) months from the date of the decision of the Board to institute Proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise con- forms to local ordinances. 30 -XXX. ADOPTION OF MAP: The map entitled "Official Map of City of Elk River", a copy of which is attached to Ordinance No. 20 and incorporated herein by reference, is hereby adopted and designated as the Official Map of City of Elk River. 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 15th day of December, 2014. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News December 20, 2014 326852