94-016 ORD
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ORDINANCE 94 -1~
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY FROM
PUD (PLANNED UNIT DEVELOPMENT) AND
C2 (OFFICE DISTRICT) TO BP (BUSINESS PARK)
CASE NO. ZC 94-10
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
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from PUD (Plmmed Unit Development) and C2 (Office District) to BP (Business
Park) based on the following findings:
1. The BP (Business Park) zoning designation will implement the
concept of a BP (Business Park) as discussed in the 1990 Focus
Area Study and adopted by the City Council in September, 1990.
2. The rezoning will be consistent with the comprehensive land use
plan map.
3. The rezoning to BP (Business Park) will provide for continuity
in the zoning map as well as provide for compatible development
under the BP (Business Park) zoning standards with the
adjacent land uses.
4. Increased development interest in the western part of the City
constitutes a change of circumstances and conditions requiring
that properties in this area of the City be rezoned to the
appropriate zoning district so that development will be
compatible with surrounding development and consistent with
the City's adopted comprehensive land use plan.
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5.
The rezoning is consistent with action taken by the City Council
on September 17, 1990, whereby Ordinance 90-35 was adopted
Ordinance, ZC 94-10
Page 2
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rezoning properties to Business Park. However, this ordinance
was superseded by Ordinance 90-40 establishing a PUD
(Planned Unit Development) designation because the City did
not have a BP (Business Park) zoning text in place.
Section 2. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this 17th day of September, 1994, by the City Council of
the City of Elk River.
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ATTEST:
J ~
c;{/~~ a ~
Sandra A. Thackeray, City Clerk
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.....
EXHIBIT A
....
Beginning at the intersection of the Southerly right-of-way line of U.S. Highway No. 10 and the
East line of the Northwest Quarter of the Southwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minneso~; thence Southerly along said East line to an intersection with
a line parallel with and distant 50.00 feet Southerly of the South line of said Northwest Quarter
of the Southwest Quarter; thence South 89 degrees 36 minutes 50 seconds West, an assumed
bearing along said parallel line, a distance of 240.02 feet; thence Westerly and Northwesterly, a
distance of 222.73 feet along a tangential curve concave to the North having a radius of 300.00
feet and a central angle of 42 degrees 32 minutes 17 seconds; thence Northwesterly and Westerly,
a distance of 223.84 feet along a reverse curve concave to the South having a radius of 300.00 feet
and a central angle of 42 degrees 44 minutes 58 seconds; thence South 89 degrees 24 minutes 09
seconds West, tangent to said last described curve, a distance of 675.44 feet to a point on the East
line of Sandpiper Estates, according to said plat on file and of record in the office of the County
Recorder, Sherburne County, Minnesota, distant 30.00 feet South of the Northeast comer of
Outlot A in said Sandpiper Estates; thence North: along said East line of Sandpiper Estates to the
Northeast corner of said Sandpiper Estates; thence West, along the North line of said Sandpiper
Estates and the North line of Sandpiper Estates Two, according to said plat on file and of record
in the office of the County Recorder, Sherburne County, Minnesota, to the Northwest corner of
said Sandpiper Estates Two; thence South, along the West line of said Sandpiper Estates Two, said
West line also being the East line of the West half of the Southeast Quarter of Section 31,
Township 33, Range 26, Sherburne County, Minnesota, to a point on said East line distant
1320.00 feet South, as measured along said East line, from the intersection of said East line and
said Southerly right-of-way line of U.S. Highway No. 10; thence West, at right angles to said
East line, to the intersection with the West line of the Southeast Quarter of the Southwest Quarter
of said Section 31; thence North, along said West line to the Northwest corner of said Southeast
Quarter of the Southwest Quarter; thence North, along the West line of the Northeast Quarter of
said Southwest Quarter and its Northerly extension to said South right-of-way line of U.S.
Highway No. 10; thence Easterly, along said Southerly right-of-way line of U.S. Highway No. 10
to the point of beginning.
Mfidavit of Publication
OPE
LANNEP
LOPMENT) AND C. ' ,
WlCE DI8TRI~T) TO BP
'('(BUSINESS FI,ARK)
\\i',' ,!1;C~NO.ZCI94.IO
:!rpt~iC~ty Council of ~peOitY' of Elk
lU~1' does hereby ordalJl as follows:
:;~tion I. The duly.doptedZQning
Map of the Ci,ty of Elk ~iver is hereby
1Une114ed to rezone tM property de-
scribed as: " ,
'. Beginning (It the inte'rsectior/. of the
Southerly right-of-way li~ofU.S. High-
,way No. 10 a1Ul t~ EflSt line of the
Northwefit Qua~r of ehe Southwest
Qua.rter of Section 82,: TQwnship 33,
R~e.26, Sherburne Courity, Minns-
sotQ,' thence Southerly along said EflSt
.. an imerser;tior/. with (I line pClrol-
,diBlont 50.00 feet Southerly
th li"eof,qidNprthwestQuClr-
$oulhWfllll ~rter,'thence
,1I~:J6 mi~~te8 50 seconds
, ~umed beCIring along SClid
pq . lei ~ine, (I disl4nce, of 240,02 feet;
t~e Westerly and Northwesterly, (I
~~ of 222.73 feet CIlong a tongen-
t' lIe concal/e t() t~ 1:Iorth hal/ing (I
, , of3OQ.OOfeetanda~ntralangle
o degrees 32 mi1&(l~ 17 seconds;
t~~e Northwesterly. (I"d Westerly, a
~~~~ of 223.84 feet qloog a rel/erse
curve (ll1e to ~ ~uth hal/ing a
r94jil ,.OOfeeta1Ul~central(Jngle
Q(~ lJ1'ees 44 milWe,s 58 seconds;
tlienee South 89 degrees 24 ~nutes 09
seconds West, tangent t() SClidlast de-
8f~~d curl/e, a distance i)f675.44 f~t to
Q' PfJint on the East line of Sa1Ulpiper
~fJ,~teS, acpording to said plat on fi14
aiWr ,of r<<eird in the on'icf of the CountJ
Recorder, SherburneCou~,Minnesota,
dislont 30.00feet South ciftheNortheast
comer of Outlot A in sll,Jid Sa1Ulpiper
Estates,' thence North, CIlong SClid East
line of Sandpiper"Eflta.te's to:t~ N()ith,-
east 'corner 'of said Sandpiper Estates;
tlience West, CIlong the North line of SClid
Sa1Ulpiper EstQtes aM t~ North line of
Sandpiper EsI4tes Two, according to
saidPJat on file and of rw:ord in the
o ' County &co~r, Sherburne
innesota, to the Northwest
. Sandpiper Esl4tes Two;
11., CIlong the West line of SClid
:p per Estates Two, said West line
eing the East line or t~' West half
ofth.e Southeast QuClrten of Section 31,
TownShip 33, Range a6, Sherburne
Cormtyi,MinneflOlo, to aipoint on SClid
E di_nt 1320.00 feet South, as
lone SClid Eas~ line, {rom the
of 80m East1line(lnd 80id
-way lineo/U.S. High-
Wese, "(rightangles
in~c40n wi~
fISt Quarter of
" Of said $ection
ng s~id West line to
r 0 . SOutheast
rter;thence
(the North-
est QucJrier ,
~tql;{orthe 8OidSouth !
rlg1it:.oflw(lY ',ne hway No.
10~ t!&e1f.Ce E6sterl~, CIlo~ 80id South.
eTljright-of-way line ()ttfbft~ 1.lVl~
/{0.10tQlh.epointQf6f.gJ.nrU.7I(J ...
"tmmJNDtRamledUD'it~pmeht)
ancW2 (Ofti~ District) U BP (BusineSl
Park) based on the following finclinK8:
1,The BP (Business Park) zoning cIes.
ignationwill implement tihe concept of a
BP (Busm,ess Park) as dJscussed in the
1990 Focus Area Study *d adopted by
the City CoUncil in Sep~mher 1990.
. 2. The rezoning will beeonsistent with
the comprehensive lan4 Qse plan map.
S: The rezoning tQ BP (!UsineSl Park)
will provide for continuitr in the zoning
uiap- as well as provide ,or compatible
development under the' BP. (Business.
Park) zoning standards 'with the adja.
cent land uses. i
4. Increased development interest in
tbe :western part of the City constitutes
a".4tange of circumstan~s and condi.
tiq~. requiring that prop-erties in this
~.. of the City be rezoJ!,ed to the appro.
priate zoni,ng district !!Oi that develop.
, mtlJl~ wm ~WlJlPatiblq 'fith,surI'Ound-
i '.andcQuu.tent with
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
POh ~~ '
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
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 O~~ 04-ICo
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I~-
cessive weeks; itwas first published on Wednesday, the 0'2./0-
day of OCX{-f,)~ , 19~, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
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.
~:6~'d~~
Subscribed and sworn to before me on this
o J;y{~~ , 1fJt'f .
f1/). /1cA~'~
a(o~
day of
(U:!:J
Notary Publ
CINDY
ANO:<A coJ~~SOTA
OMMISS10N EXPIRES 6-1Cl-99
RATE INF
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ /L)J. ~()
$ ll<!>'. <1>D
$ 11<3.'60
J).ance WA!lSU by!Qrdin"nC8 90-
40 estabUs . . ~1anned Unit
'DeveloplJ!.ent), . tion because the
City did not have a B~ (Busb1~s Park)
zoning text in place. ' ,
Sectio ,OrdiJ!,ance lIhall
t ' . UfQrce from and
tion.
19th day of
Cou.ilcilof
, ,eJl .~~n, Mayor
ATl'EST; ',' . ..... ' ., .
~dra K.'f)~:ro:16f~ty Clerk