6.5 - 6.7 ,-,(_/
ITEM # 'S 6 .5.-6.7 .
MEMORANDUM
( X
itlk/
y of
RiverTO: PLANNING COMMISSION
FROM: STEPHEN ROHLF,BUILDING AND
ZONING ADMINISTRATOR
DATE: MAY 25, 1999 S12,
SUBJECT: ORDINANCEAMENDMENTS -
SECTION 906 - "WILD AND SCENIC
RIVER ORDINANCE" (Case#99-10)
&
SECTION 900.12 (12) (C ) - "C-3
HIGHWAY COMMERCIAL -
CONDITIONAL USES" (Case#99-11)
&
ZONE CHANGE REQUEST (Case # ZC
99-4)
ALL BY CITY OF ELK RIVER/PH
Requests
III The City of Elk River is requesting an ordinance amendment to Section 906 of its Code
of Ordinances entitled, "Wild and Scenic River Ordinance" (Case# OA 99-10).
In a related issue,the City of Elk River is requesting an ordinance amendment to Section
900.12 (12) (C ) of its Code of Ordinances entitled, "Permitted, Accessory, and
Conditional Uses by District- C-3/Highway Commercial - Conditional Uses" (Case#
OA 99-11).
In still another related request, the City of Elk River is requesting a zone change on
certain properties to remove them from the Wild and Scenic Overlay Zoning District
(Case#ZC 99-4).
Attachments
• Letter to Larry Kramka, DNR Area Hydrologist, dated March 18, 1999, explaining
the city's proposed changes to the Wild and Scenic River District Ordinance and
Boundaries and the rationale for these changes.
• Ordinance Amendment(Case# OA 99-10).
• Ordinance Amendment(Case#OA 99-11).
• Zone Change (Case# 99-4).
• Map#1 depicting zone change in S34, T33N, R26W.
• Map#2 depicting zone change in S2, S3, S10, & S11, T32N, R26W.
• • Aerial photos depicting current and proposed Wild and Scenic boundary through
Sections 2, 3, 10, and 11, T32N, R26W.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425
• Background
Currently, Section 906 of the City of Elk River Code of Ordinances entitled, "Wild and
Scenic River Ordinance"is fairly incomplete and contains numerous references to State
Statutes,but no details. This ordinance only affects the Mississippi River. In 1995,the
DNR presented the city with a draft model Wild and Scenic River Ordinance for review
and approval.
Staff reviewed the DNR draft ordinance,modified it to make it compatible with the
City's Comprehensive Plan, and presented the modified version to the Planning
Commission in July of 1996. The DNR rejected the city's proposed revisions.
In March of 1997, staff met with numerous DNR Officials to discuss the logic of the
city's proposed modifications to the ordinance. Staff also impressed upon them that the
timing of resolving the issues was critical because of inquiries for building permits the
city had received from several businesses within the Wild and Scenic River District. The
DNR Officials at the meeting gave an indication that they felt the city's modifications
were logical. They further indicated that the issues could be resolved by the fall of 1997
and would not get tied up in the planning process the DNR was about to start regarding
the Mississippi River.
When a resolution of the differences between the DNR's version of the Wild and Scenic
River Ordinance and the City's Comprehensive Plan did not materialize by the fall of
• 1997,the city again contacted the DNR. The new estimated time frame for the resolution
of these issues was the fall of 1998. Relaying on this information,the city went ahead
with an extension of city services to the East Highway 10 area.
It now appears that the resolution of the outstanding issues between the City's
Comprehensive Plan and the DNR's version of the Wild and Scenic River Ordinance is
directly tied to the DNR's Mississippi River planning effort. Staff has tried to follow the
DNR's planning effort with much frustration. The DNR is"Consensus Building". In
other words, issues regarding lands adjacent, and lands not so adjacent, to the river will
be decided by a majority of those who are present at their meetings when a particular
issue is decided. Through this process, land use issues affecting a major corridor of land
through the City of Elk River could be decided solely by people who do not live within
the city limits and are not elected to do so. In addition,the city has been unable to
present all of its issues to the DNR Planners at the same time. Only certain aspects of the
Wild and Scenic River issues are fair game at any given meeting.
By the time the DNR's planning process is over, legislative rule changes are accomplish,
and specific changes in Elk River are affected,two or possibly three more years will pass.
This time frame is unacceptable for businesses and other property owners who have been
waiting for a resolution to these issues since 1996.
•
• Issues
The City's Comprehensive Plan and the DNR's version of the Wild and Scenic River
Ordinance are at odds in the two following areas:
1. Commercial
Two areas of the city that are zoned commercially and contain existing commercial
development are non-conforming due to the Wild and Scenic River Ordinance and
District Boundary. This non-conforming status affects approximately forty
businesses within the city limits.
The first area is our historic downtown south of Main Street(Map#1). Obviously
this area contained commercial uses decades before the Wild and Scenic River Act
was ever conceived. Since the Wild and Scenic River Ordinance does not allow
commercial uses in the Wild and Scenic River District, staff is proposing a boundary
change to alleviate the problem in this location. The closest business is fifty feet from
the River in the downtown area. Staff's proposed Wild and Scenic River District
Boundary through Section 34, Township 33, Range 26 is forty feet from the Ordinary
High Water Mark.
The other area is along east Highway 10, affecting business like Elk River Ford and
Houle Oil (Map #2). These businesses were also in existence prior to the Wild and
Scenic River Act. In addition, a highway with over 20,000 car per day traveling on it
• lies between these businesses and the river. Again, staff is proposing a boundary
change to alleviate the problem. The existing boundary arbitrarily followed section
lines to make the metes and bounds legal easier to describe. For example NAPA
Auto is outside of the District, but the Chin Yeun Restaurant is in the District. Staff's
proposed boundary follows the top of a steep wooded ridge approximately '/4 mile off
of the river through portions of Sections 2, 3, 10, & 11, Township 32, Range 26 (see
attached aerial photos).
Staff's proposed boundaries are logical. Even the DNR Officials who visited these
sites agreed. The Wild and Scenic River District was suppose to consider preexisting
uses in the first place. The attached zone change accommodates two these
boundary changes (Case#ZC 99-4).
As a further protection for the river, staff is proposing that commercial development
within fifty feet of the new proposed boundary in the East Highway 10 area requires
approval of a conditional use permit. As a conditional use, issues like tree removal,
signs, lighting, parking, etc. can better be addressed, without writing a extremely
complicated and lengthy ordinance. This ordinance amendment is attached (Case
#OA 99-11).
2. Residential
• The City's Comprehensive plan is at odds with the DNR's model Wild and Scenic
River Ordinance in two respects residentially. First, the DNR's version allows rural
• lots of a size that the city considers too small to accommodate a septic system and an
alternative septic system, if the first one fails. The DNR ordinance allows single
family lots as small as 20,000 square feet or less than V2 acre without urban services.
This is not a major issue to the city because its more restrictive lot size prevails.
However, the DNR's version of the Wild and Scenic River Ordinance also allows
duplexes, triplexes, and quads without urban services. Again the city's ordinance
prohibit this, but an inconsistent message is sent to potential purchasers of property.
The real residential issue the city has with the DNR's ordinance is lots sizes for areas
with urban services. The DNR's ordinance does not necessarily preclude urban
services along the river, but their lot size requirements makes these services
economically prohibited. The city contends that urban services provide a benefit to
both water quality and quantity by treating and retaining run-off and eliminating
septic systems along the river.
The city is proposing that the DNR's required river frontage for lots and setback from
the river remain in place. These are the two factors that dictate how many homes can
be built along the river and consequently affect its aesthetics. By leaving DNR's
frontage and setback requirements as currently dictated while allowing the city's lot
size requirements to prevail, the benefits of urban services can be achieved without
sacrificing the aesthetics along the river.
• The DNR's version of the Wild and Scenic River Ordinance is attached with
staff's proposed changes marked (Case#AO 99-10). You will note that very few
changes to the DNR's version are proposed, but they make this ordinance compatible
with the City's Comprehensive Plan.
Recommendation
Staff recommends approval of Case # OA 99-10, Case # OA 99-11, and Case # ZC
99-4.
Findings
Case # OA 99-10 - amendment to Section 906 -"Wild and Scenic River Ordinance"
• The amendment is compatible with the City of Elk River's Comprehensive Plan.
• The amendment is compatible with the values of the Wild and Scenic River District.
• The amendment is a benefit to both water quality and quantity in the Mississippi
Watershed.
Case# OA 99-11 - amendment to Section 900.12 (12) (C ) - "Permitted, Conditional, and
Accessory Uses by District- C-3/Highway Commercial - Conditional Uses"
• The amendment protects the values of the Wild and Scenic River District.
• The amendment is compatible with the City of Elk River's Comprehensive Plan.
Case#ZC 99-4
• See findings on attached Ordinance Amendment.
•
,_.(./ --\.
\,. .
, ,
y of
Elk, River
March 18, 1999
Larry Kramka
MN DNR Division of Waters
4140 Thielman Lane
Suite 203
St. Cloud, MN 56302
Subject: Wild and Scenic River District
Dear Mr. Kramka,
The City of Elk River is proposing revisions to the DNR's draft Wild and Scenic River
Ordinance to make it compatible with its Comprehensive Plan. The current Wild and
IIIScenic River Ordinance economically precludes the city from providing urban services to
certain areas where it feels these facilities would be beneficial to both the orderly
development of the city and water quality. In addition, the city is proposing revisions to
the Wild and Scenic River District boundary so it excludes two areas of commercial
development that existed prior to the District's creation.
The City Engineer surveyed a new proposed boundary for the District through Sections 2,
3, 10, & 11, T 32N, R 26W that excludes one of the areas of commercially developed
property that was in existence prior to the Wild and Scenic River District being
established. The other commercial area in the Wild and Scenic River District is Elk
River's historic downtown. The city is proposing that the Wild and Scenic River District
is forty (40) feet from the ordinary high water mark through Section 34, T33N, R26W, so
it excludes the historic downtown area.
Both the city's revised ordinance and a map depicting the boundary change through
Sections 2, 3, 10, & 11 T32N, R26W are included with this letter. An additional map of
Section 34, T33N, R26W is also attached.
The city contends that its proposed changes to the Wild and Scenic River Ordinance and
district boundary do as good of a job as the current ordinance and district boundary in
regards to aesthetic issues along the Mississippi and an even better job of dealing with
• water quality and quantity than the DNR's version. The following discussion points out
the proposed changes and the city's rationale:
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
1. Boundary changes to accommodate existing commercial uses •
MS 103F.325 states "For each river proposed to be included in the wild and scenic rivers
system, the commissioner shall prepare a management plan, without unreasonable
restrictions upon compatible, preexisting, economic uses of particular tracts of land, to
preserve and enhance the values that cause the river to be proposed for inclusion in the
system".
A. Unreasonable restrictions upon preexisting, economic uses
The two commercial areas that are proposed to be removed from the Wild and
Scenic River District were in existence prior to the district being established.
Creating forty non-conforming businesses within one community by a legislative
act is, in any sane person's mind,unreasonable and must be rectified. Many of
the businesses affected are separated from the river by a 20,000 car a day
highway, but nobody would suggest that MnDOT make this road non-conforming
and phase it out.
B. Preserve and enhance the values that caused the river to be proposed for
inclusion in the system
Boundary change in Sections 2,3, 10, & 11, T32N, R26W •
Potential negative effects to the Mississippi River caused by this commercial
development can easily be mitigated. The city's proposed boundary for the
Highway 10 area is located at the crest of the wooded ridge along the river to give
maximum elevation for screening for the river from the commercial uses. The
proposed boundary is approximately 1/4 mile from the river. City sanitary sewer
and controlled treated storm sewer will address water quality and quantity issues.
Finally,the city is proposing that any commercial development in this area that is
within Fifty (50) feet of the Wild and Scenic River District Boundary be required
to gain approval of a conditional use permit. The conditional use permit process
(with public hearing and notification of the Commissioner) is an adequate
mechanism to control vegetative clearing, signs, aesthetic, etc.
Boundary change in Section 34,T33N, R26W
The Original Wild and Scenic River District regulations were sensitive to the fact
that this area was already developed. Lot widths, lot sizes and setbacks reflected
the existing conditions. What was not taken into consideration when the Wild and
Scenic River District boundary was established was that it included a portion of
the historic downtown area of Elk River and made these businesses non-
conforming because commercial uses are not allowed.
Like most communities built in the 1800s, the businesses in this area turned their
backs to the river. The City of Elk River, working with the business owners, is •
trying to rectify this and enhance the view from the river. The city's proposed
• new boundary removes these business from the Wild and Scenic River District.
The proposed boundary will also remove the impediments to enhancing these
businesses and consequently the aesthetics along the river can be improved.
2. Ordinance changes to accommodate urban residential development
Urban services being provided to residential development along the Mississippi River
will not detract from the values that cause it to be included in the Wild and Scenic River
District. Undoubtedly, water quality is better served by residential development with
urban services versus on-site septic systems. In addition, controlled storm water with
adequate treatment and retention, as is the case with urban development under best
management practices, better addresses run-off quality and quantity than does the typical
storm water plan in a rural subdivision.
What will detract from these values are more houses being allowed along Mississippi
and/or allowing houses to be closer to the river. The city proposes to keep the frontage
and setback requirements as specified in the DNR's ordinance. Consequently, the
number of houses allowed along the river and how far back they are from it is not
changed from the city's version of the ordinance to the DNR's. However, the city would
like certain areas to develop with urban service, providing the benefits listed above.
Regrettably, the lot sizes proposed in DNR's draft ordinance economically preclude the
IIcreation of lots that are served with urban services. The city is proposing to modify these
lot size requirements so they are compatible with urban lots and its comprehensive plan
and can see no negative effect on the Mississippi River by doing so.
Finally the city is proposing to remove reference to duplexes, triplexes, and quads in
unsewered areas because it is felt that these structures concentrate septic systems too
densely.
3. Specific changes to the DNRs version of the Wild and Scenic River Ordinance
As you can note, the City of Elk River is proposing very few changes to the ordinance.
The changes are as follows:
A. The definition of a`Bluff' from the Shoreland Ordinance is proposed to be
added.
B. The city is proposing that all unsewered riparian and nonriparian lots in the
District be a minimum of 2.5 acres. The current ordinance allows 20,000
square foot riparian lots and 40,000 square foot nonriparian lots in some areas.
The city feels these lot sizes concentrate septic systems too densely.
C. The city's ordinance allows urban services anywhere within the city limits,
but does so with the current ordinance's unsewered lot frontage (100 feet),
setback (100 feet) and minimum riparian lot size (20,000 square feet).
• Nonriparian lot sizes are proposed to be those dictated by city code. The
exception to this is in Sections 33 & 34, T33N, R26W, where the current
ordinance allows riparian lots at 15,000 square foot, with 75 feet of frontage,
and a 75 foot setback. The city's proposed ordinance does not change the
requirements in this area.
D. The city's proposed ordinance eliminates duplexes, triplexes, and quads in
unsewered areas because it is felt they concentrate septic systems too densely.
In addition to the changes to the Wild and Scenic River Ordinance, the city is proposing a
change to Section 900.12 of the Elk River City Code of Ordinances entitled, "Permitted,
Accessory, and Conditional Uses by District"that requires a conditional use permit to
develop within 50 feet of the Wild and Scenic River District Boundary. This change
affects land in Sections 2 and 11,T32N, R26W. This area is Zoned C-3 - Highway
Commercial. A copy of that proposed change is attached
As you can see, the city's proposed changes are relatively few, however, they provide two
major benefits over the existing Wild and Scenic River Ordinance and boundary. First,
the proposed boundary changes correct situations that should not have never been created.
The proposed boundaries move the existing businesses out of the Wild and Scenic River
District without sacrificing the values of the District. Secondly, the proposed changes to
the Ordinance allow the benefits of urban services without sacrificing the values of the
District, because frontage and setback requirements remain unchanged.
As you know, several businesses have been waiting for building permits since 1996,
while the city has been trying to resolve its issues with the DNR regarding the Wild and •
Scenic River District. These businesses are getting extremely impatient. Time is of the
essence. It is my impression that the city is not willing to wait any longer for the DNR's
planning process to reach its prolonged conclusion and will be acting on the changes
referenced.
The ordinance amendments and proposed Wild and Scenic River District Boundary
changes will formally be in front of the Elk River Planning Commission on May 25, 1999
and the Elk River City Council on June 21, 1999. I am confident you will find the city's
proposal logical. If you have any questions, please feel free to call me.
Sincerely,
,X1114 /Z1
Stephen Rohlf, Building and Zoning Administrator
•
Terpstra, Black, Brandell & Jensen
onald G. Black
'm E. Brandell Attorneys at Law
Jeffery J. Jensen 913 Main Street
Elizabeth K. Moore Elk River, MN 55330-1508
Brian A. Park (612) 441-7040 ofc
James A. Bumgardner (612) 441-0901 fax
John W. Terpstra (retired)
May 19, 1999
City of Elk River
Planning and Zoning Commission
13065 Orono Parkway
Elk River, MN 55330
Dear Commissioners:
The City of Elk River is proposing a very positive change with respect to the Wild and
Scenic River District ordinance. We have reviewed the proposed revisions to the district
boundaries. The City is to be commended. The new boundaries appear to more closely
follow the intent of the state Wild and Scenic River statute by relating the concept of
preservation with the physical characteristics of the land. The present boundaries can,
•
at best, be charitably described as an arbitrary and capricious exercise of power without
any rational relationship to the physical and economic realities of our community.
The Mississippi River is a valuable natural resource which should be available to all
segments of our society. We appreciate the fact the City of Elk River recognizes the fact
that a major river is an avenue of commerce as well as a source of scenic beauty.
We are residents and business owners in this community. Without the ordinance
amendment we are prohibited from expanding or rebuilding our present office building.
While we do not plan to have the building destroyed at this time, we also do not want
to be placed in the position of having to move simply because an ordinance was adopted
years ago which has little or no relationship to the historic development of Elk River.
We urge the speedy adoption of the proposed amendments to the Elk River Zoning
Ordinance as proposed by the City of Elk River as set forth in the memo dated May 25,
1999.
Sincerely,
TE STRA'BLACK, BRANDELL & JENSEN
• i �
111 /(1462"---
nald G. Black
RB:it
MAY 2 0 1999
r'1
AMEBIC ®
MOTEL
AMERICINN OF ELK RIVER
Highways 10, 169, and 101
Elk River, MN 55330
Phone: (612) 441-8554
May 19, 1999
Hand Delivered
City of Elk Rd-,er
13065 Orono Parkway
Elk River MN 55330
Dear Sirs:
We are writing this letter in reference to the planning meeting held May 18, 1999 and to express
our concern the current Mississppi Scenic and Wild River boundaries and its impact on our
business.We had asked the City of Elk River for a building permit to expand our facility as
indicated on our original approved building plans. The City of Elk River responded by stating
there was a moratorium on permits at our location due to the state Scenic and Wild Rivers Act.
Since then, we have been in contact with the on a regular basis, but to no avail.
Our motel facility replaced a blighted structure on the corner of Highways 10 and 101 and was
partially funded through use of tax increment money offered by the city where our annual taxes
are approximately $60,000.00 annually. Our reasoning for requesting expansion and
beautification was to ward off other competition in the area which would greatly affect our
profitability. In November, 1998, a competitor began construction of another property three
miles from our door which will significantly impact our profitability.
Those adjacent lots are un-salable yet taxed at commercial reates of$3,052.00 annually and have
have paid these since 1992. These two lots are in a platted area approved by the City of Elk River
and are located in alleged Scenic and Wild Rivers Act. We had hoped to place a suitable
restaurant on this site providing profit on the property as well as a 10-15% increase in motel
occupancy.
This year we requested a permit to build a "portico" (a covered entrance) to enhance our
entryway and beautify our property. Again, we were told by the City this was not possible due to
restrictions on the property placed by DNR. Our concern is that without expansion or
beautification of any of our properties, we are unable to compete or possibly survive in our
market.
• We are further confused by the fact that our original plans indicating future expansion were
submitted to the Department of Natural Resources prior to construction for building and signage
location as they addressed the river. Why wasn't something said at this time?
Toll Free Reservations: 1-800-634-3444
We have been hearing repeatedly that this issue between the city and state should be cleared up
very soon. We seriously hope that timing is on the cities mind as our lack of being able to
• compete with our competition will impact us by hundreds of thousands of dollars in the long run.
Sincerely,
Michael Leary, President
Elk River Motel Properties, Inc
cc: Elk River Chamber of Commerce
•
•
•
411111;
oule's 17069 Hwy. 10 NW, Elk River, MN 55330 PH: (612) 441-2708 FAX: (612) 441-2717
May 25, 1999
Mayor Stephanie Klinzing
Elk River City Council
Elk River Planning Commission
13065 Orono Parkway
Elk River, Minnesota 55330
Dear City Officials:
This letter is being written to encourage your strong support of the proposed revisions to the
DNR's Wild & Scenic River Ordinance that have been made by our city's building and zoning
• office.
Our family has owned and operated a commercial business on an affected property for nearly 19
years. We have only recently been made aware of the DNR's designations and their effect on our
options for our property. As is indicated in the city staff's report, the boundary lines drawn by the
DNR are not only impractical, but ridiculous.
As a long time resident and business owner in our community, I would like to strongly urge the
City Council and Planning Commission to do whatever needs to be done to make the changes in
the DNR's plan according to the staffs recommendations. Steve Rohlf and his staff have done an
outstanding job of researching this, informing us affected property owners and developing an
intelligent, logical solution. I commend their work and look forward to the City Council's strong
support.
Please let me know if I can assist in any way in this matter.
Sincerely,
Charlie Houle
President/Owner
•
"Where good service is our way of doing business and has been since 1967!"
4 W111,11441• SHERBURNE COUNTY
egirtHISTORICAL SOCIETY
.741110:11111 13122 First Street, Becker, MN 55308
612-261-4433 • 1-800-932-2066
May 25, 1999
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
To Mayor Klinzing, Members of the City Council and Members of the Planning Commission:
At its May 20, 1999 board meeting the Sherburne County Historical Society Board of Directors
voted its unanimous support for the creation of a Heritage Preservation Commission in Elk River.
By creating a Heritage Preservation Commission you will make a significant contribution toward
preserving the history of Elk River for the benefit of Elk River residents today and tomorrow.
III Through its educational and preservation efforts, the HPC will enhance the quality of life in Elk
River and Sherburne County by 1) helping to preserve our community's identity and integrity,
2) fostering a sense of community and connection among Elk River residents, and 3) providing
economic benefits.
The Sherburne County Historical Society appreciates your consideration of the ordinance to
create a Heritage Preservation Commission and encourages your approval. Last, the historical
society wishes to affirm its future support and cooperation relating to the activities of the Heritage
Preservation Commission in Elk River.
Sincerely,
/ in .1
Rachel Leonard
President,
Sherburne County Historical Society
0
• ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 906 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED "WILD AND SCENIC RIVER
ORDINANCE"
Section 1. Section 906 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
S
•
s\b&z\stever\captain.doc
t
• MISSISSIPPI WILD AND SCENIC RIVER DISTRICT
906 - WILD AND SCENIC RIVER ORDINANCE
SECTION 906.00 - STATUTORY AUTHORIZATION & POLICY
1 . Statutory Authorization - This Wild and Scenic River
ordinance is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F; Minnesota Rules,
parts 6105. 0010 - 6105. 0070, 6105.0150 - 6105. 0250, 6105. 0800 -
6105. 0960, 6120.2600 - 6120. 3900; and t1e planning and zoning
enabling legislation in Minnesota Statutes, Chapter 462 .
2 . Statement of Purpose - The uncontrolled use of shorelands
along the Mississippi River of the City of Elk River, Minnesota
affects the public health, safety, and general welfare not only by
• contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interest of the
public health, safety, and welfare to protect and preserve the
outstanding scenic, recreational, natural, historical, and
scientific values of the Mississippi River. The Legislature of
Minnesota has delegated responsibility to local governments of the
state to regulate the subdivision, use, and conservation of the
shorelands of public waters and thus preserve and protect existing
natural, scenic, historical, scientific, and recreational values,
reduce the effects of overcrowding and poorly planned development
of adjacent lands, prevent pollution, preserve natural beauty and
quietude, maintain proper relationships between various land use
types, and prohibit new uses that are inconsistent with the
•
BLUFF: "Bluff" means a topographic feature such as a hill, cliff,
or embankment having the following characteristics (an area with
an average slope of less than 18 percent over a distance for 50
feet or more shall not be considered part of the bluff) :
are mandatory and not permissive. All distances, unless otherwise •
3-1 b specified, shall be measured horizontally. Where certain. terms
band not defined but are used herein and subject to provisions in
.1 0
0
o.0 o
Section 904 of this ordinance, the terms shall be interpreted as
ro defined in Section 904 .
v• ° BLUFF: moan&
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ro
° 0 BLUFF IMPACT ZONE: a bluff and land located within 20 feet from
O L the top of a bluff.
• N •
• " o BUILDING LINE: that line measured across the width of the lot at
w .0
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N ro Q/
y b the point where the main structure is placed in accordance with
✓ 3
w w
o a�
P 3 setback provisions.
v
a aw
o m ° CLEAR-CUTTING: the removal of an entire stand of vegetation.
w
d H ,-4 COMMISSIONER: the Commissioner of the Department of Natural
• •
• a Resources.
co CONDITIONAL USE: a use of land which is permitted only when
0
(1, 01
ro 0 allowed by the City of Elk River after a public hearing, if
ro
O 0
W certain conditions are met which eliminate or minimize the
• W
incompatibility with other permitted uses of the district.
o
"• 0 A DECK: a horizontal, unenclosed platform with or without attached
V-1 L N
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3 a
o rn railings, seats, trellises, or other features, attached or
--4 x
vfunctionally related to a principal use or site and at any point
N N
E ro ro
Wb B extending more than thirty inches above ground.
• o
o d DUPLEX, TRIPLEX, AND QUAD: a dwelling structure on a single lot
> ro having two, three, and four units respectively, being attached by
u 0 ro
A N
W RI N
o v ,4 0 common walls and each unit equipped with separate sleeping,
✓ o N o
ro E
,, ,, W cooking, eating, living, and sanitation facilities.
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4i H
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- 1/1 41 -
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DWELLING UNIT: any structure or portion of a structure, or other
shelter designed as short- or long-term living quarters for one or
more persons, including rental or time-share accommodations such
as motel, hotel, rooms, and cabins.
ESSENTIAL SERVICES: underground or overhead gas, electrical,
steam, or water distribution systems; collection, communication,
supply, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants, and other similar equipment and accessories in
conjunction therewith; but not including buildings or transmission
services.
HARDSHIP: as used in conjunction with the granting of a variance
under this ordinance, means the property in question cannot be put
• to a reasonable use under the conditions allowed by this
ordinance. Economic considerations alone shall not constitute a
hardship if any reasonable use for the property exists under the
terms of this ordinance.
LAND USE DISTRICT: those lands designated by the commissioner as
the protected land corridor along the Mississippi River which the
commissioner has designated as components of the Minnesota Wild
and Scenic Rivers System.
LOT: a parcel of land designated by plat, metes and bounds,
registered land survey, auditors plot, or other accepted means and
separated from other parcels of portions by said description for
the purpose of sale, lease, or separation thereof.
NONCONFORMING USE: the use of a structure, land, or both, lawfully
• in existence on the effective date of this ordinance which does
Minnesota Wild and Scenic Rivers Act, the statewide standards •
and criteria, and the management plan.
4 . Certification Procedure.
A. A copy of all notices of any public hearings, or where
a public hearing is not required, a copy of the application
to consider zoning amendments, variance, or inconsistent
plats under this ordinance shall be sent so as to be received
by the commissioner at least 30 days prior to such hearings
or meetings to consider such actions. The notice or
application shall include a copy of the proposed ordinance or
amendment, or a copy of the proposed inconsistent plat, or a
description of the requested variance.
•
B. The City of Elk River shall notify the commissioner of
its final decision on the proposed action within ten days of
the decision.
C. The commissioner shall, no later than 30 days from the
time he receives notice of the final decision, communicate
either certification of approval, with or without conditions,
or notice of nonapproval .
D. The action becomes effective when and only when either:
i . The final decision taken by the City of Elk River
has previously received certification of approval from
the commissioner; or, •
ii. The City of Elk River receives certification of
• approval after its final decision; or,
iii. Thirty days have elapsed from the day the
commissioner received notice of the final decision, and
the City of Elk River has received from the
commissioner neither certification of approval nor
notice of nonapproval; or,
iv. The commissioner certifies his approval after
conducting a public hearing.
E. In case the commissioner gives notice of nonapproval of
an ordinance, amendment, variance, or inconsistent plat,
either the applicant or the City of Elk River may within 20
days of said notice, file with the commissioner a demand for
hearing. If the demand for hearing is not made within 30
•
days, the notice of nonapproval becomes final.
i . The hearing will be held in an appropriate local
community within 60 days of the demand and after at
least two weeks' published notice.
ii. The hearing will be conducted in accordance with
Minnesota Statutes, Section 103G. 311, subdivisions 2, 6,
and 7 .
iii. The commissioner shall either certify his approval
or deny the proposed action within 30 days of the
hearing action.
5. Amendments.
•
A. Requests for amendments of this ordinance may be
initiated by a petition of affected property owners, the •
planning commission, or by action of the City of Elk River.
An amendment not initiated by the planning commission shall
be referred to the planning commission for study and report
prior to action by the City of Elk River.
B. An application for an amendment shall be filed with the
Building and Zoning Administrator.
C. Upon receipt in proper form of the application and
other requested materials, a public hearing shall be
conducted in the manner prescribed by Minnesota Statutes .
Following the public hearing, the City of Elk River may adopt
the amendment in the manner prescribed by Minnesota Statutes.
D. Certification from the commissioner must be obtained as •
specified in Sections 906. 04 (3) and (4) of this ordinance
before the proposed amendment or rezoning becomes effective.
6. Variances.
A. Variances may be considered for deviations from the
strict application of the standards set forth in this
ordinance. Variances may only be granted in accordance with
Minnesota Statutes, Chapter 462 and if the following
conditions are present:
i. The strict enforcement of the land use controls
will result in unnecessary hardship.
111
ii. Granting of the variance is not contrary to the
• purpose and intent of this ordinance and is consistent
with Minnesota Rules, parts 6105.0800 - 6105. 0960 .
iii . There are exceptional circumstances unique to the
subject property which were not created by the
landowner.
iv. Granting of the variance will not allow any use
that is neither a permitted or conditional use in the
land use district in which the subject property is
located.
v. Granting of the variance will not alter the
essential character of the locality.
B. Conditions may be imposed in the granting of a variance
111 to ensure compliance and to protect adjacent properties and
the public interest.
C. Additional Standards for Nonconforming Sewage Treatment
Systems. For existing developments, the application for a
variance shall clearly demonstrate whether a conforming
sewage treatment system is present for the intended use of
the property. The variance, if issued, shall require
reconstruction of a nonconforming sewage treatment system.
D. The Board of Adjustment shall hear and decide requests
for variances in accordance with the rules that it has
adopted for the conduct of business . All granted variances
110 to the requirements of this ordinance must be certified in
•
accordance with Sections 906. 04 (3) and (4) of this ordinance
111
before they become effective.
7 . Plats.
A. Copies of all plats within the Mississippi Wild and
Scenic River District shall be forwarded to the commissioner
within ten days of approval by the City of Elk River.
B. Approval of a plat which is inconsistent with this
ordinance is permissible only if the detrimental impact of
the inconsistency is more than overcome by other protective
characteristics of the proposal.
C. All inconsistent plats approved by the City of Elk
River must be certified in accordance with Sections 906. 04
(3) and (4) of this ordinance.
8 . Conditional Use Permit Application Review by DNR. A copy of
all notices of any public hearing, or where a public hearing is
not required, a copy of the application to consider issuance of a
conditional use permit shall be sent so as to be received by the
commissioner at least 30 days prior to such a hearing or meeting
to consider issuance of a conditional use permit. Additional
evaluation criteria and conditions from Section 904 . 08 (7) shall be
considered in evaluating conditional use permit requests. A copy
of the decision shall be forwarded to the commissioner within ten
days of such action.
906.06 — WILD AND SCENIC RIVER LAND USE DISTRICT
1 . Wild and Scenic River Designation and Boundaries .
410
A. In order to preserve and protect the Mississippi River
and its adjacent lands which possess outstanding scenic,
recreational, natural, historical, scientific, and similar
values, the Mississippi River in the city of Elk River has
bee designated as a Wild and Scenic River District, the
boundaries of which are based on the Mississippi River rule,
Minnesota Rules, parts 6150. 0910 and 6105. 0950.
B. The boundaries of the Mississippi Wild and Scenic River
District are shown on the map as designated as the City of
Elk River Official Zoning Map, which is made a part of this
ordinance and is on file with the zoning administrator. In
. case of conflict between the Zoning Map and the property
descriptions in Minnesota Rules, the latter shall prevail .
2 . Mississippi Wild and Scenic River Overlay District.
A. Overlay Concept - The Mississippi Wild and Scenic River
District for the City of Elk River shall be treated as an
Overlay District. All Permitted, Accessory, Conditional, and
Prohibited Uses as specified by the applicable underlying
Zoning District shall apply, except that marinas and
extractive uses are prohibited. The development of public or
private recreational facilities shall conform to the design
specification guidelines in Minnesota Rules, part 6105. 0940.
These underlying districts are shown on the Zoning Map, and
the uses are described in Section 900 . 12 of the Zoning
410
Ordinance. In addition, land use patterns within the
Mississippi Wild and Scenic River District shall be
consistent with the City of Elk River' s Growth Management
Plan.
B. Rezoning - In reviewing proposals to rezone any land
underlying the Mississippi Wild and Scenic River Overlay
District, the City shall assure that the proposed Zoning
District is consistent with Section 906. 00 (2) and the
criteria, considerations, and objectives in Section 904 . 06
(2) (c) of this ordinance. Rezoning must be certified in
accordance with Section 906. 04 of this ordinance.
906.08 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
1. Lot Area and Width Standards. The following standards shall
apply to the Mississippi Wild and Scenic River District listed in
Section 906. 06. Where the requirements of the underlying zoning
district as shown on the Official Zoning Map are more restrictive
than those set forth herein, the more restrictive standards shall
apply. The lot area (in square feet) and lot width standards (in
feet) for single, duplex, triplex, and quad residential lots
created after the date of enactment of this ordinance shall be as
follows:
ULSEwERE0
A. y Areas in the Mississippi Wild and Scenic River District
within Scc. 12, 14, 23 and 24, T32N, R2GW
Riparian Lots Nonriparian Lots
Area Width Area Width
Unccwcrod Soworod
Single 2'- acres 100 ft. 2;1 acres 150 ft. 100 IL.
B . Othcr Unacwcrcd Arcna in the Miaaiaaippi Wild and
Sceni. River District
R ,arian Lots Nonriparian Lots
411 Area (sq. ft. ) Width Area (sq. ft. ) Width
Single 20000 100 , 0000 150
Duplex 40000 180 80000 265
Triplex 60000 260 120000 375
80000 340 1G0000 4 ' :
J Othcr Sewered Areas in the Mississippi Wild and Scenic
River District.
Riparian Lots Nonriparian Lots
Area (sq. ft. ) Width Area (sq. ft. ) Width
ScN6cE Z000t) /oo /0 "c)
• Single 15000 75 10000 75
wow. SEc.. 33 A . v 3q/ T 3314, R 2(ow
Duplex 26000 135 17500 135
411
Triplex 38000 195 25000 190
Quad 49000 255 32500 245
D. Additional Special Provisions.
i . Only land above the ordinary high water level of
public waters may be used to meet lot area standards,
and lot width standards shall be met at both the
ordinary high water level and at the building line.
ii . The sewered lot area and lot width dimensions in
Section 906. 08 (1) may only be used if publicly owned
sewer system is available to the property.
110
iii. Residential subdivisions with dwelling unit
densities exceeding those in the tables in Section
906.08 (1) may only be allowed if designed and approved
as residential planned unit developments under Section
906. 14 and Section 900 . 12 of this ordinance.
iv. Lots intended as controlled accesses to pubic
waters or as recreation areas for use by only the
owners of nonriparian lots within subdivisions are
permissible and shall meet or exceed the standards of
Section 904 . 08 (1) (d) ii .
S
2 . Placement, Design, and Height of Structures.
•
A. Placement of Structures on Lot. When more than one
setback applies to a site, structures and facilities shall be
located to meet all setbacks . Structures shall be located as
follows:
i . Structure and On-site Sewage System Setbacks (in
feet) from Ordinary High Water Level in Mississippi
Wild and Scenic River District.
Setbacks in Sec. 33 & 34, T33N, R26W
• Structures Sewage Treatment
Unsewered Sewered System
75 ft. 50 ft. 50 ft.
Setbacks in Wild and Scenic River District not in Sec.
33 & 34, T33N, R26W
Structures Sewage Treatment
Unsewered Sewered System
100 ft. 100 ft. 50 ft.
ii. Additional structure setbacks shall be subject to
the requirements set forth in Section 904 . 08 (2) (a) ii-
iv. Any reference to the normal structure setback in
these provisions shall be in accordance with the
setbacks contained in Section 906. 08 (2) (a) i. 111
iii. Where structures exist on the adjoining lots on
both sides of a proposed building site, and if the lot
does not meet the minimum lot width requirements of
this ordinance and if the proposed building site is not
located in a shore impact zone or in a bluff impact
zone, structure setbacks may be altered without a
variance to conform to the adjoining setbacks from the
ordinary high water level.
B. Design criteria and height for structures shall be
subject to Section 904 . 08 (2) (b) and (c) of this ordinance.
111
Any reference to the normal structure setback in these
provisions shall be in accordance with the setbacks contained
in Section 906. 08 (2) (a) i .
3. Shoreland Alterations. Alterations of vegetation and
topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve aesthetics, preserve historic
values, prevent bank slumping, and protect fish and wildlife
habitat.
A. Vegetation Alterations. These vegetative cutting
provisions shall apply to those areas within structure
setbacks from the ordinary high water level and top of the
110
bluff specified in Section 906. 08 (2) (a) i. and ii .
i. General provisions, within these setback areas :
a. Clear-cutting, except for any authorized
public services such as roads and utilities, shall
not be permitted.
b. Selective cutting of trees in excess of four
inches in diameter at breast height is permitted
provided a continuous tree cover is maintained,
uninterrupted by large openings, and cutting is
• spaced in several cutting operations.
c. The cutting provisions of a. and b. , shall
not be deemed to prevent:
(1) The removal of diseased or insect-
infested trees, or of rotten or damaged
trees that present safety hazard.
(2) Pruning understory vegetation, shrubs,
plants, bushes, grasses, or from harvesting
crops, or cutting suppressed trees or trees
less than four inches in diameter at breast
height.
ii . Clear-Cutting. Clear-cutting anywhere in the •
Mississippi Wild and Scenic River District is subject
to the following standards and criteria:
a. Clear-cutting shall not be used as a cutting
method where soil, slope, or other watershed
conditions are determined by the Building and
Zoning Administrator to be fragile and subject to
injury, severe erosion, or sedimentation.
b. Clear-cutting shall be conducted only where
clear-cut blocks, patches, or strips are, in all
cases, shaped and blended with the natural
terrain. •
c. The size of clear-cut blocks, patches, or
strips shall be kept at the minimum necessary.
d. Where feasible, all clear-cuts shall be
conducted between September 15 and April 15. If
natural regeneration will not result in adequate
vegetative cover, areas in which clear-cutting is
conducted shall be replanted to prevent erosion
and to maintain the aesthetic quality of the area.
Where feasible, replanting shall be performed in
the same spring, or the following spring.
S
B. Topographic Alterations/Grading and Filling/Alterations
III
of the Beds of Public Waters .
i. Grading and filling of the natural topography
which is not accessory to a permitted or conditional
use shall not be permitted.
ii . Grading and filling of the natural topography
which is accessory to a permitted or conditional use
shall not be conducted without a grading and filling
permit from the Building and Zoning Administrator. A
grading and filling permit may be issued only if the
following conditions are properly satisfied:
•
a. Grading and filling shall be performed in a
manner that minimizes earthmoving, erosion, tree
clearing, and the destruction of natural
amenities .
b. The smallest amount of bare ground is
exposed for as short a time as feasible.
c. Temporary ground cover, such as mulch, is
used and permanent ground cover, such as sod, is
planted.
d. Methods to prevent erosion and trap sediment
411
are employed.
e. Fill is stabilized to accepted engineering
and erosion control standards.
iii. Excavation of material from, or filling in a Wild,
Scenic, or Recreational River, or construction of any
permanent structures or navigational obstructions
therein is prohibited unless authorized by a permit
from the commissioner pursuant to Minnesota Statutes,
Section 103G.245. Section 103G.245 requires a permit
from the commissioner before any change is made in the
course, current, or cross-section of public waters. •
iv. Drainage or filling in of wetlands is not allowed
within the Mississippi Wild and Scenic River District.
4 . Utility Transmission Crossings.
A. All utility crossings of the Mississippi River or state
lands within the Mississippi Wild and Scenic River District
require a license from the commissioner pursuant to Minnesota
Statutes, Section 84 . 415.
B. All utility transmission crossings constructed within
the Mississippi Wild and Scenic River District shall require
a conditional use permit. The construction of such
• transmission services shall be subject to Minnesota Rules,
parts 6105. 0170 and 6105. 0180 . No conditional use permit
shall be required for high voltage transmission lines under
control of the Environmental Quality Board pursuant to
Minnesota Statutes, Section 116C. 61 .
5. Placement and Design of Roads, Driveways, and Parking Areas
A. In addition to such permits as may be required by
Minnesota Statues, Section 103G.245, a conditional use permit
shall be required for any construction of reconstruction of
public roads within the Mississippi Wild and Scenic River
• District. Such construction or reconstruction shall be
subject to Minnesota Rules, parts 6105. 0190 and 6105. 0200 .
B. Public roads include township, county, and municipal
roads, streets, and highways that were or are designed to
serve flows of traffic between communities and other traffic
generating areas . A conditional use permit is not required
for minor public .r-treets that are streets intended to serve
primarily as an access to abutting properties .
C. Public and private roads and parking areas shall be
designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from public
• waters. Documentation shall be provided by a qualified
individual that all roads and parking areas are designed and •
constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the
local soil and water conservation district, or other
applicable technical materials.
D. Roads, driveways, and parking areas shall meet
structure setbacks and shall not be placed within bluff and
shore impact zones .
6. Stormwater Management. The general and specific standards of
Section 904 . 08 (5) of this ordinance shall be met.
7 . Special Provisions for Commercial, Industrial, Pubic, •
Semipublic, Agricultural, Forestry, and Mining of Metallic
Minerals and Peat. These uses shall be subject to the standards
set forth in Section 904 . 08 (6) of this ordinance.
8 . Water Supply and Sewage Treatment
A. Water Supply - Any public or private supply of water
for domestic purposes shall meet or exceed standards for
water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
B. Sewage Treatment - Any premises used for human
occupancy shall be provided with an adequate method of sewage •
treatment which meets all of the requirements set forth in
111
Section 904 . 08 (8) , except that on-site sewage treatment
systems shall be set back from the ordinary high water level
in accordance with the setbacks contained in Section
906. 08 (2) (a) of this ordinance.
SECTION 906.10 - NONCONFORMING USES
All legally established nonconforming uses as of the date of this
ordinance may continue, but they will be managed according to
applicable state statutes and other regulations of the City of Elk
River for the subjects of alterations and additions, repair after
damage, discontinuance of use, and intensification of use; except
that the following standards will also apply in the Mississippi
• Wild and Scenic River District;
1 . Construction on Nonconforming Lots of Record.
A. Lots of record in the office of the county recorder on
the date of enactment of local controls that do not meet the
requirements of Section 906. 08 (1) of this ordinance may be
allowed as building sites without variances from lot size
requirements provided the use is permitted in the zoning
district, the lot has been in separate ownership from
abutting lands at all times since it became a substandard,
was created compliant with official controls in effect at the
time, and sewage treatment and setback requirements of this
ordinance are met.
B. If setback requirements cannot be met, a variance shall •
be obtained and certified in accordance with Section 906. 04
before any use, sewage treatment system, or building permit
is issued for a lot. In evaluating the variance, the Board
of Adjustment shall consider prerequisites for a variance,
sewage treatment and water supply capabilities, or
constraints of the lot and shall deny the variance is
adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the
same ownership, any individual lot does not meet the
requirement of Section 906.08 (1) of this ordinance, the lot
shall not be considered as a separate parcel of land for the
purposes of sale or development. The lot shall be combined
with the one or more contiguous lots so they equal one or •
more parcels of land, each meeting the requirements of
Section 906. 08 (1) of this ordinance as much as possible .
2 . Additions/Expansions to Nonconforming Structures
A. All additions or expansions to the outside dimensions
of an existing nonconforming structure shall meet the
setback, height, and other requirements of Section 906. 08 of
this ordinance. Any deviation from these requirements shall
be authorized by a variance pursuant to Section 906. 04 .
B. Deck additions may be allowed without a variance to a
structure not meeting the required setback from the ordinary
•
high water level if all of the following criteria and
• standards are met:
i. the structure existed on the date the structure
setbacks were established;
ii . a thorough evaluation of the property and
structure reveals no reasonable location for a deck
meeting or exceeding the existing ordinary high water
level setback of the structure;
iii . the deck encroachment toward the ordinary high
water level does not exceed 15 percent of the existing
setback of the structure from the ordinary high water
411
level or does not encroach closer than 30 feet,
whichever is more restrictive; and,
iv. the deck is constructed primarily of wood, and is
not roofed or screened.
3. Nonconforming Sewage Treatment Systems.
A. A sewage treatment system not meeting the requirements
of Section 906. 08 (8) of this ordinance shall be upgraded, at
a minimum, at any time a permit or variance of any type is
required for any improvement on, or use of, the property.
For the purposes of this provision, a sewage treatment system
410 shall not be considered nonconforming if the only deficiency
is the sewage treatment system' s improper setback from the •
ordinary high water level.
906. 12 - SUBDIVISION/PLATTING PROVISIONS
Each lot created through subdivision including planned unit
developments authorized under Section 906. 14 of this ordinance,
shall be subject to the requirements set forth in Section 904 . 12
of this ordinance. In areas not served by publicly owned sewer
and water systems, a subdivision will not be approved unless
domestic water supply is available and a sewage treatment system
consistent with Section 906. 08 (2) and (8) can be provided for
every lot. Each lot shall meet the minimum lot size and
dimensional requirements of Section 906. 08 (1) including at least a
minimum contiguous lawn area, that is free of limiting factors •
sufficient for the construction of two standard soil treatment
systems.
SECTION 906.14 - PLANNED UNIT DEVELOPMENTS (PUDs)
1 . Types of PUDs Permissible - Planned Unit Developments (PUDs)
are allowed for new projects on undeveloped land, redevelopment of
previously built sites, or conversions of existing buildings and
land.
2 . Processing of PUDs - Planned unit developments shall be
processed as a conditional use pursuant to Sections 900 . 12 and
906. 04 (8) of this ordinance. Approval cannot occur until the
environmental review process (EAW/EIS) is complete.
• 3 . Standards - Residential PUDs shall be subject t the
requirements set forth in Section 904 . 14 (3) - (5) and Commercial
PUDs shall be subject to the requirements set forth in Section
904 . 14 (3) , (4) , and (6) . Both Residential and Commercial PUDs
shall also be subject to the following:
A. On-site sewage treatment systems shall be set back from
the ordinary high water level in accordance with the setbacks
contained in Section 906. 08 (2) (a) of this ordinance.
B. The development of recreational facilities shall
conform to the design specification guidelines in Minnesota
• Rules, part 6105. 0940.
C. In addition to any requirements for preservation of
vegetation in open space areas by permanent means, the
provisions of Section 906. 08 (3) shall minimally be met.
0 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 day of
,1999,
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, Clerk
•
•
\\elkriver\sys\shrdoc\b&z\stever\captai n.doc
ORDINANCE N0. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
ENTITLED "PERMITTED ACCESSORY AND CONDITIONAL USES BY
DISTRICT"
Section 1. Section 900.12 (12) ( C ) of the City of Elk River Code of Ordinances
entitled, C-3 - Highway Commercial District- Conditional Uses shall be amended by
adding the following:
xxii. Development of property within fifty (50) feet of the Wild
and Scenic River District
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 day of
,1999.
•
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
•
\\elkriver\sys\shrdoc\b&z\stever\captain.doc
• ORDINANCE 99-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY TO REMOVE THEM FROM WSR (WILD AND SCENIC
RIVER OVERLAY DISTRICT)
CASE NO. ZC 99-4
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:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
1. THE REZONING IS CONSISTENT WITH THE CITY OF ELK RIVER'S COMPREHENSIVE
PLAN .
• 2. THE REZONING IS CONSISTENT WITH THE HISTORIC AND PREEXISTING
ECONOMIC USE OF THE PROPERTIES.
3. THE REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN
SERVICE AREA.
4. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS.
5. THE REZONING IS COMPATIBLE WITH THE VALUES OF THE WILD AND SCENIC
RIVER DISTRICT.
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 day of , 1999 by the City
Council of the City of Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
• Sandra A. Peine, City Clerk
s:\planning\stevewen\ccmmo\oa99-_doc
20'd -1d101
•
EXHIBIT A
PROPOSED DESCRIPTIONS
FOR AREAS TO BE TAKEN OUT OF THE
WILD AND SCENIC RIVER DISTRICT
That part of Government Lot 1, Section 3, and the Southwest Quarter of the Southwe<:t Quarter
of Section 2, all being in Township 32, Range 26, Sherburne County, Minnesota, lyinc;
Easterly of the 'olf owing described line:
Commencing at the Northwest corner of said Government Lot 1; thence South 89 decrees 50
minutes 11 seconds East, an assumed bearing along the North line of said Government Lot 1, a
distance of 790.20 feet to the actual point of beginning of said line to be hereinafter described;
thence South 12 degrees 44 minutes 43 seconds East, a distance of 548.02 feet; thence South 05
degrees 44 minutes 02 seconds East, a distance of 311.71 feet; thence South 26 degrees 24
minutes 40 seconds West, a distance of 108.03 feet; thence South 02 degrees 54 minutes 34
seconds East, a distance of 153.06 feet ; thence South 03 degrees 06 minutes 28 seconds West, a
distance of 223.92 feet to the South line of said Government Lot 1 and there terminating.
And also;
That part of the Northwest Quarter and that part of the North Half of the Southwest Quarter all being
in Section 11, Township 32, Range 26, Sherburne County, Minnesota, which lies Easterly of the
following described line:
Beginning at the Northwest corner of said Section 11; thence South 00 degrees 07 mi'iutes 48
seconds West, an assumed bearing along the West line of said Section 11, a distance of 631.81
feet; thence South 47 degrees29 minutes 41 seconds East, a distance of 76.73 feet; thence
South 20 degrees 38 minutes 31 seconds East, a distance of 693.02 feet; thence South 12
degrees 43 minutes 05 seconds East, a distance of 484.46 feet; thence South 06 degrees 59
minutes 44 seconds West, a distance of 240.05 feet; thence South 19 degrees 37 min,ates 54
seconds West, a distance of 247.72 feet; thence South 40 degrees 01 minute 33 seconds West, a
distance of 138.05 feet; thence South 16 degrees 40 minutes 10 seconds West, a distance of
295.16 feet; thence South 01 degree 06 minutes 40 seconds East, a distance of 139.20 feet;
thence South 02 degrees 36 minutes 04 seconds West, a distance of 196.40 feet; thence South
00 degrees 27 minutes 24 seconds East, a distance of 678.85 feet; thence South 19 degrees 02
minutes 36 seconds East, a distance of 300.02 feet to the South line of said North Half of the
• Southwest Quarter of Section 11 and there terminating,
0:1PROJ1420-2002.may99,doc 1 of 2
20/20'd 6b2Z bP9 TS9 '00 N93H9 BJH VT :60 666T-TZ-AdW
And also:
That part of the South half of Section 34, Township 33, Range 26, Sherburne County, Minnesota
which lies Northeasterly, Northerly and Northwesterly of the following described line:
Commencing at the Southeast corner of said South half of Section 34; thence North 39 degrees 29
minutes 07 seconds West, an assumed bearing along the South line of said South half of Section
34, a distance of 2354.26 feet to the actual point of beginning of said line to be hereinafter
described; thence North 23 degrees 24 minutes 15 seconds West, a distance of 257.37 feet;
thence North 37 degrees 42 minutes 57 seconds West, a distance of 269.46 feet; thence North 46
degrees 37 minutes 09 seconds West, a distance of 168.03 feet; thence North 51 degrees 57
minutes 05 seconds West a distance of 390.70 feet; thence North 55 degrees 37 minutes 24
seconds West, a distance of 160.44 feet; thence North 74 degrees 22 minutes 29 seconds West, a
distance of 499.83 feet; thence North 84 degrees 02 minutes 05 seconds West, a distance of
240.13 feet; thence North 89 degrees 23 minutes 40 seconds West, a distance of 84 95 feet;
thence South 60 degrees 09 minutes 43 seconds West, a distance of 74.47 feet; thence North 88
degrees 31 minutes 21 seconds West a distance of 326.93 feet; thence North 84 degrees 00
minutes 17 seconds West, a distance of 126.10 feet; thence South 78 degrees 37 minutes 18
seconds West, a distance of 312.33 feet; thence South 59 degrees 34 minutes 04 se' onds West, a
distance of 295.04 feet; thence South 44 degrees 13 minutes 46 seconds West, a distance of
243.72 feet; thence South 38 degrees 34 minutes 54 seconds West, a distance of 102.58 feet to
the West line of said South half of Section 34 and there terminating.
•
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