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ORD 25-11Stiikethroughs to be removed Underlines to be added Elk *=:: River Ordinance 25-1 1 An Ordinance Amending Chapter, 30, Division 9, Other Nonoverlay Districts, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Chapter 30, Division 9, Subdivision III. Approved Planned Unit Development Districts of the City of Elk River Code of Ordinances shall be amended to add the following Section: Section 30-1605. — Tall Pines PUD (a) Legal Description. The following described propert}� located within the Cirkf of Elk River. Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development: Lots 1 — 15, Block 1, Lots 1 — 13, Block 2. and Outlots A — B. TALL PINES P.U.D. SECOND ADDITION, Sherburne County, Minnesota. AND Lots 1-14, Block 1, and Oudot A, EVERGREEN TOWNHOMES, Sherburne Count) - Minnesota. (b) PUD Development Standards. The propem- shall be subject to the following standards. (1) Uses a. Permitted Uses 1. Residential, single family. 2. Model homes in compliance with section 30-800; 3. Public parks, playgrounds and open space; 4. State licensed residential facilities or a housing with services establishment rej jstered under chapter 144D serving six or fewer persons, a licensed day care facilit3- serving 12 or fewer persons, and a group family dad care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single famib, residential use of propern for the purposes of zoning, except that a residential facility whose priman purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation Last Updated January 2023 10■EIEI I1 ATURd to be removed Underlines to be added of criminal statutes relating to sex offenses shall not be considered apermitted use. b. Accessory Uses a. Residential occupations. b. Sims (as permitted in section 30-851 et serf.]. (2) Lot Size a. The PUD permits lot sizes as follows: Lot TyPe Minimum Minimum Minimum Lot Width Dwelling; Width Lot De nth Residential Lot 403 — 0" 30' - 0" 90' - 0" (3) Setbacks 1. Primary- Structures Front Setback ght-of-wa+,-`, 30' - 0" Front Setback rivate street 20'-0" Side Setback 5' - 0" Rear Setback 10' - 0" (4) Additional Development Standards: a. Unit Construction and Design Standards 1. Facades shall consist of at least two materials (brick, siding, stone, shakes, or other materials anoroved by the ,city) 2. No more than three adjacent homes will have the same roof/facade style. 3. Fa ade materials or colors will not repeat between adjacent homes. SigWficant variation m materials and/or colors is encouraged. 4. Each townhome must have a minimum of five shrubs along the front foundation. b. Common Areas Common areas shall be under the ownership and control of the proher€y owners' association, which shall be resiionsible for the maintenance, and repair of the common areas. c. The area identification siWi (monument sigo) 1. The area identification sjWi (monument sign) must be located on a buildable lot, not an outlot. 2. The si,_n shall meet setback and height standards described in the ordinance. 3. A box drawn around the lettering on the sign shall not exceed 16 square feet. d. Residential structures patios and other im )ervious surfaces are permitted to encroach into the 20-foot stormwater pond buffer setback. 1. The 25-foot stormwater pond buffer must remain in compliance with cirn• ordinances P1■EIEI IT Last Updated January 2023��� to be removed Underlines to be added (5) An)- standard not specifically described within this section shall remain consistent with similar zoning districts within the Ci - of Elk River Code of Ordinances. (c) Development Plans. The PUD shall be developed in accordance with the following 121ans, as amended from time to time. on file at city hall. Plan A - Preliminary' Plat of Tall Pines Second Addition as approved by the Elk River Cit, Council on Lune 1, 2020, and subject to all conditions of approval. Plan B - Street and Utility Construction Plans preliared by Bogart Pederson and Associates and dated I ulv 22, 2020. Plan C - Stormwater pond construction plans prepared bN Bogart Pederson and Associates and reviewed by the Cit;- Council on tune 16, 2025. SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 16th day of June, 2025. ATTEST: � 1-4 Tina Allard, City Clerk Last Updated January 2023 Ijl�r.. hn J. I].ietz yor r orEar� �r ATURE AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE I do solemly swear that the notice, as per the proof, was published in the edition of the Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated. below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/21/2025 and the last insertion being on 06/21/2025. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: zt,4� ,-� Designated Agent Subscribed and sworn to or affirmed before me on 06/21/2025 Notary Public n Qariene Mane MacPherson n Notary Public Minnesota miss �an inn [xpires Jan. 31, 2029 y Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1477333 CITY OF ELK RIVER ORDINANCE 25-11 >' • AN ORDINANCE AMENDING CHAPTER, 30, DIVISION 9, OTHER NONOVERLAY DISTRICTS, OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as fol- lows: SECTION 1. That Chapter 30, Division 9, Subdivision III. Approved Planned Unit Development Districts of the City of Elk River Code of Ordinances shall be amended to add the following Section: Section 30-1605. - Tall Pines PUD (a) Legal Description. The following described property located with- in the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development Lots 1 -15, Block 1, Lots 1 -13, Block 2, and Outlots A- B, TALL PINES P.U.D. SECOND ADDITION, Sherburne County, Minnesota. AND Lots 1-14, Block 1, and OutiotA, EVERGREEN TOWNHOMES, Sherburne County, Minnesota. (b) PUD Development Standards. The property shall be subject to the following standards. (1) Uses a. Permitted Uses 1. Residential, single family. 2. Model homes in compliance with section 30-800; 3. Public parks, playgrounds and open space; 4. State licensed residential facilities or a housing with services es- tablishment registered under chapter 144D serving six or fewer per- sons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be consid- ered a permitted single family residential use of property for the purpos- es of zoning, except that a residential facility whose primary purpose Is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be con- sidered a permitted use. b. Accessory Uses a. Residential occupations. b. Signs (as permitted in section 30-851 at seq.). (2) Lot Size A. The PUD permits lot sizes as follows: Mmi. I M� iNntun Lot Dwelling Lot I.ot T, Width Wulth Depth Residential Lot 40' — D" 30'- 0" W - b" (3) Setbacks 1. Primary Structures Front S-[back ot-of-. va 30' - 0" Front Setback -vote stc 21Y- Side Setback 1 5' - 0" Rear Setback . 101- 0" (4) Additional Development Standards: a. Unit Construction and Design Standards T. Facades shall consist of at least two materials (brick, siding, stone, shakes, or other materials approved by the city) 2. No more than three adjacent homes will have the same roof/fa- cade style. 3. Fagade materials or colors will not repeat between adjacent homes. Significant variation in materials and/or colors is encouraged. 4. Each townhome must have a minimum of five shrubs along the front foundation. ►2, Common Areas Common areas shall be under the ownership and control of the property owners' association, which shall be responsible for the main- tenance, and repair of the common areas. c. The area identification sign (monument sign) 1. The area identification sign (monument sign) must be located on a buildable lot, not an outlot. 2. The sign shall meet setback and height standards described in the ordinance. 3. A box drawn around the lettering on the sign shall not exceed 16 square feet. d. Residential structures, patios, and other impervious surfaces are permitted to encroach into the 20-foot stormwater pond buffer setback. 1. The 25-foot stormwater pond buffer must remain in compliance with city ordinances (5) Any standard not specifically described within this section shall remain consistent with similar zoning districts within the City of Elk River Code of Ordinances. (c) Development Plans. The PUD shall be developed in accordance with the following plans, as amended from time to time, on file at city hall. Plan A - Preliminary Plat of Tall Pines Second Addition as approved by the Elk River City Council on June 1, 2020, and subject to all condi- tions of approval. Plan B - Street and Utility Conduction Plans prepared by Bogart Pederson and Associates and dated July 22, 2020. Plan C - Stormwater pond construction plans prepared by Bogart Pederson and Associates and reviewed by the City Council on June 16,2025. SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 161 day of June, 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News June 21, 2025 1477333