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94-010 ORD e e e -T ORDINANCE 94 -10 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 94-07 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 property described as: . See Attached Exhibit A Section 2. That this rezoning request is based on the following findings: 1. THE REZONING TO PLANNED UNIT DEVELOPMENT IS CONTINGENT UPON THE PROPOSED PLAT BEING APPROVED BY THE CITY COUNCIL. 2. THE PLANNED UNIT DEVELOPMENT ZONING WILL ALLOW FOR VARIATION IN LOT SIZES ACCORDING TO THE SURROUNDING NATURAL FEATURES. 3. THE REZONING TO PLANNED UNIT DEVELOPMENT WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN MAP DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 4. THE PLANNED UNIT DEVELOPMENT ZONING DESIGNATION ALLOWING A VARIATION OF LOT SIZES WILL KEEP IN SPIRIT WITH THE INTENT OF THE R1E ZONING DISTRICT TO MAINTAIN LARGER LOT SIZES WITHIN THE WOODED AREAS. 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 18th day of July, 1994, by the City Council of the City of Elk River. '--L- ,~ Larry Far4r, Vice Mayor ATTEST: ~tl.~ Sandra A. Thackeray, City Clerk e e e EXHIBIT "A" FOR ORDINANCE 94-10 Part of the West Half of the Northwest Quarter of Section 26 and that part of the Northeast Quarter of Section 26 and that part of the Northeast Quarter of Section 27 which lies northerly of the south 928.55 feet thereof all in Township 33, Range 26, Sherburne County, Minnesota e . e Mfidavit of Publication ORDINANCE t4-1G CITY OJ'BLK RIVER AN()IU)INANC.8agr' . TBB.ClTY. o:r " .... ... ... ..... .. .' ZONINQ'MAPTO . CERTAIN~''''''IUE (SlNGLIllJ'J\MII.; ,RBSIDDft'IAt) TOf'lJD ..(PI..ANNII) 1JNl'.J' 'J)JWELOPMBtn') , CASE NO. zct4.07 The City. Coon. cil of the City of E.Jk. Riverdoee hereby ordain asfollo\V8: . Section 1. The duly adopted Zoning Map of theCityofEJk River is hereby amended, to rezone the property de- lICribedas: Part o(the WeBt Half of the Northwest Quorler of Section 26 andthot part of the Noriheast. Quarter of Section ' 27 w1aichlies northerly orthe south 928.56 (eet tJaereofallin Township 38, Rattge ~6, Sherburne County, Minnesota. SecUon 2. That this ~ningrequ.est is based on the following findina$: 1. THE REZONING TO PLt\loiNED l)NITDEVELO})MENtIS C()~- GENT UPON THE PROPOSED PLAT BEING APPROVED BY THE CITY COUNCIL. 2. THE PLANNED UNlTDEVELOP- MENTZONING WILL ALLOW ,FOR VARIATIONINLOTSIZESACCORD. IN(lTO THE SURROUNDINGNATU- RAt FEATURES. 3. THE REZONING TO PLANNED t.1Nl'l' PMENT WILL BE CONSI THE COMPRE- HENSIVELAND, USE PLAN MAP DESIGNATION OF ,:MR<MEDIUM DENSITY RESIDEN'l'IAL). 4. THE PLANNED UNlTD:EVELOP- MENT'ZONING DESIGNATION'Al,. LOWING A VARIATION OF LOT SIZES WILL KEEP IN' SPIRlT.WITH THE INTENT OFTHE'RlE ZONING DIS'.\'lU..sr~ LARGER =~~(~WOOD~p SeCtiOi.s..ThlitihlSorIiinanceshall take effect and be in full force from and after the elate of its publication. PaMed tmd adoJKed tbia18th day of Julf, 1894, by &he City CoUJUill,of the City ofm River.. , Larry Farber, VlCeMayor A'rrEST: Sandra A: Thackeray City Clerk (Jy27) STATEOFMINNESOTA ) )ss. COUNTY OF SHERBURNE) Ocry\ ~ ' being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge oftheJacts 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. /'\ {} , . . A .,... (), I _ , D (B) The printed U A..~.P...J ~:i , which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I ~ cessiveweeks;it was first published on Wednesday, the i). - day of ~ ' 193.!:L, and was thereafter printed and puo ished on every Wednesday to and including Wednesday, the_day of ,19_; and printed below is a copy ofthe lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind oftype used in the composition and publication of the notice. a bed e f g h i j k 1m n 0 p q r s t u v w x y z BiBm [~ TITLE: . -"'"JO,j.J?l Subscribed and sworn to before me on this c>< n I - , 19:iL. lJ~ day of ~ c~~ N otary Pub~c .)tV) RATE IN (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law fOI' the above matter (3) Rate actually charged for the above matter NOTAR:,~. ,?UC--MINNESOTA W...,AI\,-,,v\ COUNTY t~MMISSION EXPIRES 6-10099 $ iJ'1. 50 $ 5~ t5'fS $ 5~.5~