ORD 02-014 ORDINANCE 02 - 14
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
FROM Rla (SINGLE FAMILY RESIDENTIAL) AND I1 (LIGHT INDUSTRIAL)
TO PUD (PLANNED UNIT DEVELOPMENT)
CASE NO. ZC 01-03
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. Approval of the zoning request will not have adverse impacts on adjacent
uses.
2. The zoning request is consistent with the land use designation of the
Comprehensive Plan.
3. The property is within the urban service area and will be serviced by
municipal sewer and water.
4. The property is adjacent to Twin Lakes Road and the MNDoT park and
ride facility that will meet the transportation needs of the commercial and
residential uses.
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 November, 2002, by the City Council of the City
of Elk River.
ATTEST:
Stephanie A. I~inzing, Mayor
Sandra A. Peine, City Clerk
S:\ADMIN\Ordinanees\2002 Ordinances\02'014 ORD.doc
Exhibit A
•
The Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter and Northeast Quarter of the Northeast Quarter of Section
11, Township 32 Range 26, Sherburne County, Minnesota. which lies Northeasterly of the Burlington Northern Railroad.
Except:
Beginning at the Northwest corner of said North Half of the Northeast Quarter, thence East along the North line of said North Half of the Northeast Quarter, a
distance of 295.00 feet; thence South deflecting 90 degrees right, a distance of 380.00 feet, thence West deflecting 90 degrees right. o distance of 478.19
feet; thence Northwest deflecting 50 degrees 19 minutes 37 seconds right, a distance of 485.49 feet to the North line of said North Half of the Northwest
Quarter, thence East deflecting 128 degrees 56 minutes 21 seconds right along said North line, a distance of 493.17 feet to the point of beginning, according to
the U.S. government Survey thereof, Sherburne County, Minnesota.
And also except:
A strip of land 36,576 meters (120.00 feet) in width over that port of the North Half of the Northeast Quarter of Section 11, Township 32, Range 26, Sherburne
County, Minnesota, the centerline of which is described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of Section 2. Township 32, Range 26, Sherburne County, Minnesota:
thence North 89 degrees 38 minutes 23 seconds West, on assumed bearing along the North line of said Northeast Quarter of the Southwest Quarter, a distance
of 387.067 meters (1,269.90 feet) to the octuol point of beginning of said centerline to be hereafter described, thence Southeasterly, a distance of 279.506 •
meters (917.01 feet), along a nontongential curve concave to the Northeast having a radius of 250.000 meters (820.21 feet), a central angle of 64 degrees 03
minutes 29 seconds and a chord bearing of South 46 degrees 37 minutes 48 seconds East: thence South 65 degrees 55 minutes 26 seconds East, tangent to
said lost described curve, a distance of 145.549 meters (477.52 feet), thence Southeasterly and Southerly, a distance of 127.720 meters (419.03 feet) along a
tangential curve concave to the Southwest having a radius of 140.00 meters (459.32) feet) and a central angle of 52 degrees 16 minutes minutes 12 seconds,
thence South 13 degrees 39 minutes 13 seconds East tangent to sold lost described curve, a distance of.47.376 meters (155.43 feet) ; thence Southerly, a
distance of 221.648 meters (727.19 feet), along a tangential curve concave to the West, having a radius of 850.00 meters (2788.71) and a central angle of 14
degrees 56 minutes 26 seconds, thence South 01 degree 17 minutes 1J seconds West, tangent to said lost described curve, a distance of 167.012 meters
(547.94 feet); thence Southerly and Southeasterly a distance of 176.160 meters (577.95 feet), along a tangential curve concave to the Northeast, having a
radius of 140.000 meters (459.32 feet) and a central angle of 72 degrees 05 minutes 40 seconds; thence South 70degrees 48 minutes 27 seconds East,
tangent to said lost described curve, a distance of 9.474 meters (31.08 feet); thence Southeasterly, southerly and Southwesterly, a distance of 297.859 meters
(977.23 feet); along a tangential curve concave to the West, having a radius of 140.000 meters (459.32 feet) and a central angle of 121 degrees 54 minutes
02 seconds; thence South 51 degrees 05 minutes 35 seconds West, tangent to sold lost described curve, a distance of 95.602 meters (323.50 feet) to the
intersection with the Northeasterly right of way line of the Burlington Northern Railroad and there terminating.
Said strip of land is to extend by its full width from the North line of said North half of the Northeast Quarter to said Northeasterly right of way line of the
Burlington Northern Railroad, which lies within the North half of the Northeast Quarter of Section 11, Township 32, Range 26, excepting there from the Railroad
of way
TTNG from this entire parcel that approximately 8.6t acre portion acquired by the Minnesota Deportment of Transportation.
•
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S:\ADMIN\Ordinances\2002 Ordinances\02-014 ORD.doc
Affidavit of Publication
0 ORDINANCE 02-14 STATE OF MINNESOTA )
CITY OF ELK RIVER )ss.
AN ORDINANCE AMENDING', COUNTY OF SHERBURNE)
THE CITY OF LK RIVER ZQN-
ING MAP TO'REZONE CERTAIN
PROPERTIES FROM Rla (STN- t .
Q
GLE FAMILY RESIDENTIAL) FQ P IQ e 1 e , Vt GLW A ,
AND I1 (LIGHT INDUSTRIAL)
TO PUD (PLANNED. UNIT being duly sworn, on oath says that he/she is the publisher
DEVELOPMENT) -
CASE No.ZC 01-03 or authorized agent and employee of the publisher of the
The City Council of the City of newspaper known as the Elk River Star News, and has full
Elk River does hereby ordain as
follows: knowledge of the facts which are stated below:
Section 1. The duly adopted
Zoning Map of the City of Elk A) The newspaper has complied with all the
River is hereby amended to rezone
the property described as: requirements constituting qualification as a qualified
The Northeast Quarter of the newspaper, as provided by Minnesota Statute 331A.02,
Northwest Quarter and the
Northwest Quarter of the 331A.07, and other applicable laws, as amended.
Northeast Quarter and Northeast � � n� _
Quarter of the Northeast Quarter B) The printed ll ANfAi��n,c' 0)-_ J
of Section 11,Township 32,Range
26, Sherburne County,Minnesota,
which lies Northeasterly of the which is attached was cut from the columns of said
Burlington Northern Railroad.
Except newspaper, and was printed and published once each
Beginning at the Northwest cor-
ner of said North Half of the week, for I successive weeks; it was first published
Northeast Quarter, thence East
along the North line of said North on Wednesday, the �( 1-4-3 day of C— ,
Half of the Northeast Quarter, a 20 0 2-- , and was thereafter printed and published every
distance of 295.00 feet; thence
III South deflecting 90 degrees right,a Wednesday to and including Wednesday, the
distance of 380.00 feet;thence West
deflecting 90 degrees right, a dis- day of , 20 ; and printed below
Lance of 478.19 feet; thence
Northwest deflecting 50 degrees 19 is a copy of the lower case alphabet from A to Z, both
_mittates 27.,M y ,r M a dis- inclusive, which is hereby bein the size
tance of 485.49 feeet to.the North y as g
line'of said North Half of the and kind of type used in the composition and publication
Northwest Quarter, thence'East
deflecting 128 degrees 56 minutes of the notice.
21 seconds right along said North
line,a distance of 493.17 feet to the
point of beginning,according to the
abcdefghijklmnopqrstuvwxyz
U.S. government Survey thereof
Sherburne County, Minnesota:
fjutvitkok \LI_
And also except:�
A strip of land 36.576 meters BY
(120.00 feet)' 'n width over that /
part of the North Half of the TITLE: I V .t J l� 1\.)EGA e
Northeast Quarter of Section 11, 1-1 -•)
Township 32,Range 26,Sherburne
County, Minnesota, the centerline Subscribed and sworn to before me on this i day of
of which is described as'follows:
commencing at the Northeast cor- Dec , 20 0 2 ,. r,, •
ner of the Northeast Quarter of the '• CIND IA. SCHIMINSKI
Southwest Quarter of Section 2; NOT'•��:U LIC-MINNESOTA
Township 32,Range 25,Sherburne !� `V' ,l,.„i! •••s•••, _ -• 31,2005
County, Minnesota; thence North
39 degrees 38 minutes 23 seconds Notary Pubh4 • •
West, on assumed bearing along
the North line of said Northeast
Quarter of the Southwest 37.67 meters` RATE INFORMATION
a distance of 387.67 meters
(1,269.90 gnni f o f sto aid the actual potote (1) Lowest classified rate paid by
beginning of said centerline to be
hereafter described, thence
Southeasterly, a distance ,of commercial users for comparable space $ .
• 275.506 meters(917.01 feet),along (2) Maximum rate allowed by law for
a nontangential curve concave to 4'� D
the Northeast having a radius of the above matter $ o� I
250.00 meters (82021'feet), a cen-
tral angle of 64 degrees 03 minutes (3) Rate actually charged for the
29 seconds and a chord bearing of
South 46 above matter $ i
degrees 37 minutes 48
seconds East; thence South 65
deRrees 55 minutes 26 seconds
S
East,tangent to said last described >* .', AY
curve,a distance of 145:549 meters ,L,orth lime of
(47752 feet), thence Southeasterly said No Northeast
and Southerly, a distance of Quarter to said Northeasterly
127.720 meters(419.03 feet)along right-of-way line of the Burlington
a tangential curve concave to the Northern Railroad, which -,lies
Southwest having a radius of within the North half of the
140.00 meters (453.32 feet) and a Northeast Quarter of Section 11,'
central angle of 52 degrees 16 min- Township 32,Range 26, excepting
utes 12'seconds thence South 13 therefrom the Railroad right-t f
degrees 39 minutes 13 seconds East way.
tangent to said last described EXCEPTING from this entire
curve,,a distance of.47376 meters parcel'that approximately 8.$*
(155.43 feet); thence Southerly, 'a acre portion acquired by the
distance of 221.648 meters(72719 Minnesota Department of
feet),along a tangential curve con- Transportation.
cave ta the West,having a radius of Section 2;The rezoning is being
850.00`meters(2,788.71 feet)and a approved based on the fallowing
central angle of 14 degrees 36 min- findings:
utes 26 seconds, thence South 01 1.Approval of the zoning request
degree 17 minutes 13 seconds West, will not have adverse impacts on
tangent to said last described adjacent uses.
curve,a distance of 167 012 meters 2: The zoning request is songs-
(54794 feet);thence Southerly and
tent with e`land use.; 'designation,
Southeasterly a distance of 176.160 of the Comprehensive 'lan.
meters (577 95 feet), along a tan- ` 3. The property is with}n the
gential curve concave to 'the urban service area and Will be
Northeast, having a radius of serviced by municipal sewer and
140.00 meters (459.32 feet) and a mater.
central angle of 72 degrees 05 min- 4. The property is adjacent to 411
utes 40 seconds; thence South 70 fwin Lakes Road and the MnDOT
degrees 48 minutes 27 seconds park and ride facility that will
East,tangent to said last described meet the transpoi!tation needs of
curve, a distance of 9.474 meters the commercial and residential
(31,08 feet); thence Southeasterly, uses.
Southerly and Southwesterly, a Section 3. That this Ordinanee,
distance of 297559 meters(97723 chili take effect and be in full force
feet);along a tangential curve con- from and after the date of its pub
cave to the West,having a radius of lication.
140.00 meters(459.32 feet) and a Passed and adopted this 18th
central angle of 121 degrees 54 day of November,2002,by.the City
minutes 02 seconds; thence South Council of the City of Elk River.
51 degrees 05 minutes 35 seconds hanie A.Klinzing,Mayor
West,tangent to said last,described A
curve, a distance of 98.802 meters ''.Paine
(u3233 5 a t_ to the intersection t Clerk (D4)
right-of-
wilt Not . 4- ur
'irAlliheenii m there lington
III