5.2. SR 10-10-1994
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**CONSENT ITEM 5.2.**
MEMORANDUM
River
TO:
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
OCTOBER 5, 1994 -S !<
SUBJECT: SUMMARY OF ORDINANCE 94-12
(REZONING OF THE MINERAL
EXCAVATION OVERLAY DISTRICT)
FROM:
DATE:
The City Council acted on the rezoning of the Mineral Excavation Overlay
District at their September 19, 1994, meeting. Rezoning is done as an
Ordinance Amendment and Ordinance Amendments must be published in
the local paper. The legal descriptions for the properties included in the
Mineral Excavation Overlay District were quite lengthy. To save money,
staff is proposing to publish a summary of that ordinance.
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Included with this packet is a summary of Ordinance 94-12, that rezones
certain properties into the Mineral Excavation Overlay District. Also,
attached to this memo is a Resolution approving that summary. A 4/5th vote
is required to approve this resolution.
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cc-sumSRlcouncil
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 94-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK
RIVER APPROVING THE OFFICIAL SUMMARY OF ORDINANCE
NO. 94-12, AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY TO ME
(MINERAL EXCAVATION OVERLAY)
.
The City Council of the City of Elk River, by four-fifths (4/5) vote of its
members, hereby fmds that the Official Summary of Ordinance No. 94-12, an
Ordinance Amending the City of Elk River Zoning Map to rezone certain
property to ME (Mineral Excavation Overlay), will clearly inform the public
of the intent and affect of Ordinance No. 94-12; and therefore directs that the
Official Summary attached to this Resolution be published in lieu of
publication of the complete ordinance.
Passed and adopted by the City Council of the City of Elk River this 10th
day of October, 1994.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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OFFICIAL SUMMARY OF ORDINANCE NO. 94-12
CITY OF ELK RIVER
City of Elk River Ordinance No. 94-12 rezoned approximately 2,000 acres
of the City into the Mineral Excavation (ME) Overlay Zoning District. The
full test of Ordinance No. 94-12 itself is set forth below.
Because the legal description of the land rezoned, attached as Exhibit A to
Ordinance No. 94-12, is many pages long, the City Council has determined to
publish a summary version of Exhibit A to Ordinance No. 94-12. This
summary of Exhibit A includes a list of the sections in which land was
rezoned.
Copies of Ordinance No. 94-12, including Exhibit A, the complete legal
description of all land rezoned, are available for inspection during regular
. office hours at City Hall.
ORDINANCE 94 -12
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY TO ME
(MINERAL EXCAVATION OVERLAY)
CASE NO. ZC 94-09
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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Section 2. That this rezoning request is based on the following findings:
1. The rezoning is consistent with the long range planning put forth in
the Environmental Impact Statement on mineral excavation. It is
also consistent , Section 910 (18) "Mineral Excavation Overlay
Zoning District", and Section 900.44 "Amendment Procedures" of
the City of Elk River Zoning Ordinance.
2. The rezoning would help conserve property values by putting
surrounding property owners on notice of the intent of the
property owners within the mining district, to extract gravel. Also,
through the Conditional Use Permit process, other safeguards to
protect property values can be instituted.
3. The rezoning is consistent with the use the properties in question
are being devoted to at this time.
Section 3. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
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Passed and adopted this 19th day of September, 1994, by the City Council of
the City of Elk River.
OFFICIAL SUMMARY OF EXHIBIT A TO
ORDINANCE NO. 94-12
Sections in which land is rezoned to Mineral Excavation (ME) Overlay
Zoning District:
Section 2, Township 33, Range 26, Sherburne County
Section 3, Township 33, Range 26, Sherburne County
Section 4, Township 33, Range 26, Sherburne County
Section 9, Township 33, Range 26, Sherburne County
Section 10, Township 33, Range 26, Sherburne County
Section 11, Township 33, Range 26, Sherburne County
Section 15, Township 33, Range 26, Sherburne County
Section 16, Township 33, Range 26, Sherburne County
Section 21, Township 33, Range 26, Sherburne County
Section 22, Township 33, Range 26, Sherburne County
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