ORD 04-017
ORDINANCE 04 -17
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM C2 OFFICE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT
CASE NO. ZC 04- 07
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 properties described as:
Exhibit A
Section 2.
conditions:
The rezoning is being approved based on the following findings and
1. THE ZONING IS CONSISTENT WITH THE UNDERLYING LAND USE
OF OLD TOWN
2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING
REQUESTED.
3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES
AND ZONING.
4. THE APPLICANT PAY $92,000 INTO AN ESCROW ACCOUNT FOR
STREET REDEVELOPMENT FOR THE GENERAL AREA OF 6TH, 7TH, 8TH
AND IRVING AVENUE.
5. $15,000 BE PAID FOR RESTRIPING JACKSON AVENUE.
6. THE APPLICANT PAY PARK DEDICATION FEE OF $ 2,200 PER UNIT
FOR THE ADDITIONAL 23 UNITS TO BE BUILT.
7. APPLICANT EXECUTE A PUD AGREEMENT INCORPORATING THESE
FINDINGS AND CONDITIONS IN ORDER FOR THE PUD ZONING
CHANGES TO BECOME EFFECTIVE.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted tbis 15" day of November, 2004, by the City Council oftbe City
of Elk River.
~'a,~
Step rue A. Klinzmg, Mayor
ATTEST:
J:jJ:!.~
S:\PLANNING\Case Files\2004\ZC 04-07 Jackson Ave Villas\Ordinance.doc
EXHIBIT A
LEGAL DESCRIPTION:
THA T PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE WESTERLY
EXTENSION OF THE CENTERLINE OF 6TH STREET (FORMERLY PLA TTEDAS 8TH STREET) AS
DEDICA TED I~I THE PLAT OF BURRELL'S ~.DDI TION, SHERBURNE COUN TY, MIN~IESOT A, SUBJECT
TO EASEMENTS OF RECORD:
THA T PART OF THE SOUTHWEST QUARTER OF THE NQRTHWEST QUilRTER OF SECTION 34,
TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, MINNESOTA, DESCRIBED AS COMMENCING
AT THE POINT OF INTERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY
KNOWN AS STATE TRUNK HIGHWAY NO. 201 AND "OLD HIGHWAY NO. 169") WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST
ALO~IG SAID SQUTH LINE FOR 200.00 FEET; THENCE NORTH PARALLEL WITH SAID
CENTERLINE FOR 285.70 FEET TO A POINT TO BE HEREINAFTER KNOWN AS POINT "A"
FOR THE PURPQSE OF THIS DESCRIPTION; THENCE EAST PARALLEL WITH SAID SOUTH
LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER FOR 150.00 FEET TO
INTERSECT WITH THE WEST LINE OF THE RIGHT-OF-WAY OF SAID JACKSON AVENUE,
BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL
WITH SAID CENTERLINE, SAID POINT OF INTERSECTION ALSO BEING THE ACTUAL POINT OF
BEGINNING OF THE LAND TO BE HEREBY DESCRIBED; THENCE RETURN WEST PARALLEL
WI TH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER FOR
150.00 FEET TO SAID POINT "A"; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR
14.30 FEET, MORE OR LESS, TO INTERSECT THE NORTH LINE OF THE SOUTH 300.00
FEET, AS MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 300.00
FEET FOR 200.01 FEET, MORE OR LESS, TO INTERSECT A LINE 400.00 FEET WEST OF, AS
MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE OF JACKSON AVENUE; THENCE NORTH
PARALLEL WITH SAID CENTERLINE FOR 1039.77 FEET, MORE OR LESS, TO INTERSECT THE
NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST
ALONG SAID NORTH LINE FOR 350.03 FEET, MORE OR LESS, TO INTERSECT SAID WEST
LINE OF THE RIGHT-OF-WAY OF JACKSON AVENUE; THENCE SOUTH ALONG SAID WEST
LINE OF THE RIGHT-OF-WAY FOR 1056.71 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
Affidavit of Publication
ORDIN~CE 04 ~ 17
CITY OF ELK RIVER
AN ORDINANCE AMENDING
THE CJTY OF ELK RIVER ZON-
ING MAP TO REZONE'CERTAIN
PROPERTY FROM C2 OFFICE
DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT .
CASE NO. ZC 04-' 07
The City Council of tlW'City of
Elk River does herebyord~in as
follows:
Section 1. The duly adoptlild
Zoning Map of the City of Elk
River is hereby amended to rezone
the properties described as:
THAT PART OF THE FOLLOW-
ING DESCRIBED PROPERTY
LYING NORTH OF .THE WEST-
ERLY EXTENSION OF THE
CENTERLINE OF 6TH STREET
(FORMERLY PLATTEn AS.. 8TH
STREET) AS DEDICATED IN
THE PLAT OF BURRELL'S'
ADDITION, SHERBURNE'
COUNTY, MINNESOTA, SUB-
JECT TO EASEMENTS OF
RECORD:
THAT PAAT OF THE SOUT,H-
WEST_.QUARTER OF THE
NORTHWEST iQUARTER OF
SECTION . 34, TOWNSHIP 33,
RANGE 26, SHERBURNE
COUNTY;MINNES0TA,
DESCRIBED AS COMMENCING
AT THE POINT OF INTERSEC-
TION OF THE CENTERLINE OF
JACKSON.. AVENUE (FORMER-
LY KNOWN AS STATE. TRUNK
HIGHWAY, NO. 201 AND "OLD
HIGHWAY NO. 169") WITH THE
SOUTH LINE OF SAID SOUTH-
WEST QUAR,TER OF THE
NORTHWEST QUARTER;
THENCE WEST ALONG SAID
SOUTH LINE FOR 200.00 FEET;
THENCE . NORTH . PARALLEL
WITH SAID CENTERLINE FOR
285.70 FEET TO A'POINTTO BE
HEREINAFTER KNOWN AS
POINTf"A" FOR THE PURPOSE
OF THIS DESCRIPTION;
THENCE EAST PARALLEL
WITH SAID SOUTH LINE OF
THE SOUTHWEST QUARTER
"OF THE NORTHWEST, QUAR-
TER FOR 150'.00 FEET TO
INTERSECT WITH THE WEST
LINE OF THE RIGHT -OF-WAY
OF SAID JACKSON AVENUE,
BEING A LINE 50.00 FEET, AS
MEASURED AT RIGHT
ANGLES, WEST OF AND PARAL-
LEL WITH SAm CENTERLINE,
SAID POINT OF' INTERSEC-
TION ALSO BEING THE ACTU-
AL POINT OF BEGINNING OF
THE LAND TO BE HEREBY
DESCRIBED: THENCE RETURN
WEST PARALLEL WITH sAID
SOUTH LINE OF THE SOUTH-
WEST QUARTER OF THE
NORTHWEST .QUARTER FOR
150.00 FEET TO SAID POINT ''A'';
THENCE NORTH PARALLEL
WITH SAm CENTERLINE FOR
14.30 FEET, MORE OR LESS: TO
INTERSECT THE NORTH LINE
OF THE SOUTH 300,OQ FEET, AS
MEASURED AT RIGHT
ANGLES, OF SAID SOUTHWEST
QUARTER OF, THE NORTH-
WEST QUARTER; THENCE
WES'!' ALONG SAID. NORTH
LINE OF THE' SOUTH . 300.00
FEET FOR'200.0lFEET, MORE
OR LESS, TO INTEIlSECT ,A
LINE 400,00 FEE'l' WEST OF, ,AS
MEASUIlEDATRIGHT ANGLES
TO, . SAIDCENTEIlLINE . OF
JACKSON;i\VENUJj1J ,THENCE
NORTH P.t\RALLEV'WJ;THSAID
CENTEIlLINE '.iFOR' 1039.77
FEET, MOREiOW.:r,.E,SS, TO
INTERSECTT,HE. NORTIILINE
OF, $;l\JDSOUT,HWESTQUAA-
. TER.' OF' THE< vNORTHWEST
QUART]j]R; ,.. T,HJj1NQE EAST
~ONGSAID NORTH LINE FOR
350.03 FEET, MQRE OR LESS,
TO INTERSECT SAID WEST
LINE OFTHE.RIGHT -OF -WAY.
OF,J.i\C,KSON AVENUE: '.
THENCE SqUTH. AI,;QNG. SAID'
WEST LINE OF THE RIGHT -OF
WAYFOft,105MQ:t:WJ
OR LESS;TOT:OF
BEGINNING,
Section.2, ..... '.. ,,>The .re~()n!ng
i~j;~i;Pprovedbas~d oniJie fol-
lowing findings and conditions:
'1 THE ZONING IS. CONSIS-
TENT WITHTHE UNDERLYING'
LAND USE OF OLD TOWN
2. THE PROPOSED. USE, IS
CONSISTENT WITH THE ZON-
INGREQUESTED.
3. THE PROPOSED ZONING IS
COMPATIBLE WITfI ADJACENT
USES AND ZONING,
. 4. THE APPLICANT PAY
$92,000JNTO" AN, ESCROW
ACCOUNT FOR STREET REDE-
VELOPMENT FOR 'l'HE',GENER-
AJ., AIlEA OF, 6T,H, . ,7TH, aTH
AND IRVING AVENUE.
5. ..' $.15,000 BE PAID.., FOR
RESTRIPING . JACKSON
:vENUE. .',
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
L \ \' Lfr ~JF*~f"\ t+alf~(~ I 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.
B) The printed OrIlI nCLncf'_
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for 1- successive weeks; it was first published
on Wednesday, the r1Pt(n day of nr-Cff"rnhLv' ,
20 ()H , and was thereafter printed and published every
Wednesday to and including Wednesct~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.
a b cd e fg h ij k 1 m n 0 p q r s t u v w x y z
BY' ~~Yt ~
TITLE: .. -"'.' ( .t._ ( \'Y [)u::.Fti
day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space $ CO C~ ~ ' <60
(2) Maximum rate allowed by law for
the above matter $ 6 ?i1.. (0 0
(3) Rate actually charged for the
above matter
$ d '6 -, ' ~ 0
6. THE APPLICANT PAY PARK
DEDICATION FEE OF$ 2,200
PERlINIT FOR THE ADDlTION-
AL 23 UNITST0 BE BUILT;
. 7.. APPLICANT EXECUTE, A
PUD AGREEMENT> INOORPO-
RATING THESE FINDINGS AND
CONDITIONS>INORDER. FOR
THE PUD. ZONING CHANGES
TOBEC0MEEFFECTIVE. '.
SectionS. That this
Ordinance shall take. effect and.be
in full force from and,. after the
date of'its; publication.
Passed ana adopted. this 15th
day of November, 2004, by the City
Council of the City of Elk River.
Stephanie A. KliI1zing,
Mayor
ATTEST:
Joan Schmidt, City Clerk
(D29)