ORD 04-020
ORDINANCE 04 - 20
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
FROM RID SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT
DEVELOPMENT
CASE NO, ZC 04- 06
The City Council ofthe 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 from R1d Single Family Residential to PUD Planned Unit
Development described as:
See Attached Exhibit A
Section 2,
The rezoning is being approved based on the following findings:
1, THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND USE
OF MEDIUM DENSITY RESIDENTIAL.
2, THE PROPOSED USE IS CONSISTENT WITH THE ZONING
REQUESTED,
3, THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES
AND ZONING.
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 6th day of December, 2004, by the City Council of the City
of Elk River,
~fM~ 0 ~
Step anie A. Klinzing,'.. yor
ATTEST:
~
s:\planning\case files\2004\p 04-09 river park\rewning ordinance.doc
Exhibit A
That part of the Southwest Quarter of Section 25, Township 33, Range 26, Sherburne
County, Minnesota, lying east of the west 1092.00 feet
AND
The west 883.29 feet of the Southwest Quarter of section 25, Township 33, Range 26,
Sherburne County, Minnesota
AND
That part of the Northeast Quarter of Section 35, Township 33, Range 26, lying
northeasterly of the following described line:
Commencing at the Northeast corner of said Northeast Quarter, thence on an
assumed bearing of North 89 degrees 52 minutes 06 seconds West, along the north
line of said Northeast Quarter, a distance of 282.50 feet to the point of beginning of
the line to be described; thence South 28 degrees 56 minutes 22 seconds East, to the
east line of said Northeast Quarter and said line there terminating.
AND
That part of the Northeast Quarter of Section 36 Township 33 Range 26, Sherburne
County, Minnesota laying northeasterly and southeasterly of the following described
line:
Commencing at the northeast corner of the Northeast Quarter of Section 36
Township 33 Range 26, Sherburne County, Minnesota; thence on an assumed
bearing of North 89 degrees 52 minutes 06 seconds West along the north line of said
Northeast Quarter of said Section 35 a distance of 282.50 feet; thence South 28
degrees 56 minutes 22 seconds East a distance of 590.87 feet, to the east line of said
Northeast Quarter, also being the point of beginning of the line to be described:
thence continue South 28 degrees 56 minutes 22 seconds East, a distance of 436.13
feet; thence South 13 degrees 26 minutes 22 seconds East, a distance of 320.00 feet;
thence South 56 degrees 03 minutes 38 seconds West, a distance of 218.22 feet to
the south line of the north half of the Northwest Quarter of said Section 36 and said
line there tertninating
s:\planning\case files\2004\p 04-09 river park\rezoning ordinance.doc
.
.
.
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
ORDINANCE 04 - 20
~. 'j CITY OF ELK RIVER
! AN ORDINANCE AMENDING
THE CITY OF ELK RIVER ZON-
ING MAP TO REZONE CERT
PROPERTIESF'tl.OM RlD SI -
GLE FAMILY. RESIDENTIAL 0
PUD PLANNED UNIT DE L-
OPMENT
CASENO.ZC 04- 06
The City Council, of the City of
ElkiRiver . GOeS hereby ordain as
follows:
Section 1. The d ly
adopted Zoning Map of the Cit of
Elk River is hereby amended to
rezone the properties from 1d
Single Family Residential to P D
Phmned Unit Developmnt
described as: ,', """",.
That part 'of the ,Southw st
Quarter of Section 25, Towns ip
33, Range 26, Sherburne Co ty,
Minnesota, lying east of the w st
1092.00 feet
AND
The west 883.29 feet of he
Southwest Quiuier of section 5,
Township 33, Range 26, Sherbu e
County, Minnesota
AND . .
That part of the.' Northe st
Quarter of Section 35, Towns 'p
33, Range 26, lying northeast rly
ofthe following described line:
Commencing at thEl Northe st
corner of said Northeast Qu r,
thence on an assumed bearin of
North 89 degrees 52 minutes 06
seconds West, along the north . e
of said Northeast Quarter, a is-
tance of 282.50 (eet tothe poin of
beginning of the line to, be
described; thence South 28 de es
56 minutes 22 seconds East; to he
east line of said Northeast Qu er
and said line there tenDinatin .
AND
That part of the North ast
Quarter of Section 36 Townshi 33
Range 26, Sherburne, Cou ty,
Minnesota laying northeast dy
and southeastedy of the folio 'ng
described line: '
Commencing at the north ast
comer of the Northeast Qua reof
Section 36 Township 33 Range 26,
Sherburne County,'. Minnes ta;
thence on an assumed bean of
North 89 degrees 52ininute 06
seconds West along the north ine
of said Northeast Quarter of aid
Section 35 a distance of 28 .50
feet; thence South 2~ degree . 56
minutes 22 seconds East a dis-
tance of 590.87 feet, to the ast
line of said Northeast Qua r,
also being the point ofbeginni g of
the line to be described: th nee
continue South 28 degrees 56 in-
utes 22 seconds East, a distan e of
436.13 feet; thence South 13'
degrees 26 minutes. 22 see nds
East, a' distance of. 320.00 eet;
thence South 56 degrees 03' in-
utes 3$ seconds West, a distan e of
218.22 feet to the south line 0 the
north half of the North est
Quarter of 'said Section 36 and
said line there terminating
Section 2. The ,rezo lng
is being approved based on th fol-
lowing findings:
1. THE ZONING IS CO TI.
BLE WITH THE UNDERL NG
LAND USE OF MEDIUM DE SI-
TY RESIDENTIAL.
2. THE PROPOSED US IS
CONSISTENT WITH mE ON.
ING REQUESTED.
3. THE PROPOSED ZONIN IS
COMPATIBLE WITH AD.JAC NT
USES AND ZONING.
Section 3. That
Ordinance shall take effect d be
in full force from and afte the
date of its publication.
Passed and adopted this 6t d.ay
of December, 2004, by the, City
Council of the City of Elk Riv r.
Stephanie A. KIi ' zing,
ayor
~\\7...ubem -\-\&'r\~
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 law;s, as amended.
B) The printed -1J.\(dI nQJnC-e (jY-~O
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for successive weeks; it was first published
on Wednesday, the Q Ci ~ day of 'beam De y- ,
20~, and was thereafter printed and published every
Wednesday to and including Wednesq~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 c d efghij k 1 mno p qrst uvwxyz
BY: iPj~~ . J
TITLE: (')"V\I'LL\I(l t, VY\ O/Y,-_Q~Y
Subscribed and sworn to before me on this :;) g ~ day of
~A'Q m'g.e \r ,201Ii-.
~W).~
Notary Public Ie'!;!'!!;!" "I ~,
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n ""TE INFOn......... YCol11 LIC ". "_lKI ,'(
nn. A.lY~ 111, E:xP' ""NN'S)7 '
tresJan" ( At
(1) Lowest classified rate paid by 3 t 2005 i1
commercial users for comparable space $ 6 C{ ~ l 0 "';
(2) Maximum rate allowed by law for ^
the above matter $ \ l t) ~ j Ou
$ \ lo~,Ob
(3) Rate actually charged for the
above matter