96-024 ORDORDINANCE 96 - 24
CITY OF E1. K RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM RIC (SINGLE FAMILY RESIDENTIAL) TO PUD
(PLANNED UNIT DEVELOPMENT)
CASE NO. ZC 96-1.4
The City Council of'!:he City of Elk River does hereby ordain as
follows:
Section 1.. The duly adopted Zmzing Map of the City of Eik Fiver is
hereby amended to rezone the property described as:
See Attached E,,d~.ibit A
Section 2. The rezoning is being approved based on the following
findings:
The density of the townhouse project is consistent with the current
land use designation of MR (Medium Density Residential).
The project is served by collector streets on two sides and the existing
roadway system can support the traffic that will be generated from the
proposed project.
The rezoning is a logical transition of land use between the highway
commercial imm. e~ately to the east, multi-family to the south and
singJ, e fami].y residentia], to the west and. north.
The existing J:nfrastructure is sized accordingly to serve the proposed
project.
The proposed project meets the intent of a planned unit development
through creative desig~ and presexx, ation of natural resources.
/zc96-14
Section 3. The rezoning is approved based on the development plans
for a 60 unit senior townhouse project as prepared by J.C. Johnson
Consultants, Inc. and plans dated September 10, 1996, and conditionally
approved by the Elk River City Council.
Section 4. That this Ordinance shall take effect and be in full force
from and after the date of its pubhcation.
Passed and adopted this__~[~ day of~i /~/ .1996, by the City
Council of the City of Elk River.
ATTEST:
' San~h-a A. Thackeray, City Clerk /
/zc96-14
EXHIBIT A
All that part of the Southwest Quarter and of the South half of the
Northwest Quarter of Section 27, Township 33, Range 26, Sherburne
County, Minnesota, described as follows:
Beginning at the intersection of the westerly right-of-way line of
Minnesota Trunk Highway No. 201, and the North line of the South
'1758.92 feet of said Southwest Quarter~ thence South 89 degrees 21
minutes 04 seconds West assumed bearing along the North line of the
South 1758.92 feet for a distance of 639.66 feetl thence North 0
degrees 49 minutes 32 seconds West for a distance of a distance of
937.18 feet~ thence North 77 degrees 24 minutes 16 seconds East a
distance of 165.81 feet~ thence North 89 degrees 25 minutes 13
seconds East to said westerly right-of-way linel thence
southwesterly along said westerly right-of-way line to the point of
beginning.
Except the following described property:
That part of the Southeast Quarter o~ the Northwest Quarter of
Section 27, Township 33, Range 26, Sherburne County, Minnesota
described as follows:
Beginning at the intersection of the East and West Quarter line
with the westerly right-of-way line of Minnesota Trunk Highway
Number 201~ thence West along said East. and West Quarter line, a
distance of 424.20 feet~ thence North at right angles to said
quarter line, a distance of 190.20 feet~ thence East parallel with
said quarter line a distance of 502.72 feet to said westerly right-
of-way line~ thence southerly along said westerly right-of-way
line, a distance of 205.77 feet to the point of beginning.
Also except the following described property:
That part of the Northeast Quarter of the Southwest Quarter of
Section 27, Township 33, Range 26, Sherburne County, Minnesota
described as follows:
Beginning at the intersection of the East and West Quarter line,
with the westerly right-of-way line of Minnesota Trunk Highway No.
201~ thence West along said East and West Quarter line, a distance
of 424.20 feet~ thence South at right angles to said quarter line,
a distance of 424.20 feet~ thence East parallel with said quarter
line a distance of 316.04 feet to said westerly right-of-way line~
thence northerly along said westerly right-of-way line, a distance
of 283.45 feet to the point of beginning.
Mfidavit of Publication
The Cit ;~r~bYQl'dain. ~foll
Secti(l~ ~~'CiWot':lilIkRiver
$1ll.epdedt~ I
Ml thatpartoftlWS(JtheSpY-thhalfof the Northwest
Quarter of Se(;tip/i27, 'fo'u.!~hip~6,..$herbume. County, Minnesota,
cks~ribed as followlj., ... ',<.. ..';. ... i;,)' ........... . . .'. . Y,
lJei;{i.nning at the inte~e~ti9r-,of.the:W.f!.I,~t~rly)Fight-of-liJa:y line of MinnesQt4
'l}unk Hig"-way. Np. 2.01,/f"flt'w.',.k.lineof the South 1758.92 feet of said
Southwest Quarten; theTl:~'Sou~k. llJtJegneefj 21 minutBs 04 seconds West
assumed beaFing alo~ theNprt . "o[.thJ. south 1768.92 feet for a distance of
639.66 feet; thence NorthOdegnt., ininq,tes82secondsWest fora distance of
a distance of 987. 18 feet; thenceJ:l{ort 77 degnees24 minutes 16second$ East a
distance of 166.81 feet; thence N()1Jh,$~degnees 26 minutes 13 seconds East to
said westerly Fight,of-liJay.line;..~t1(pncesouthwesterly along said westerly
Fight-of-way line to the point .of begiriiliing.
Except the following de$cFibed p"'pp~rty:
That Part of the Southeast. Quartllr of the Northwest Quarter of Section 27,
7bwnship 33, Range 26, SherbumeQouf!J:Y, Mfr-nesota.de6cribed as follows:
Beginning at the intersection of the!TEC1.litlfnd .Wes~ Quarter line. liJith'the west-
erly'right-of-liJay line of Minnesota{I,'r/i.fl-.k .l!ighway Number ~OI;thence West
along said East and West Quarter lirr-e'C1.dt6tance 'of424.20 feet; thence North at
right angles to said quartBr line,.a.distg,nce of 190.20feet; thence East parallel
with said quarter line a di6ta",ce oflj{)2. 7~ feet to said westerly Fight-of.way line;
thence southerly along said weljterl:yFight:of-way line, a distance of 206.77 feet
to the point of beginning. '..,)
Also except the following descnlJed pnopert:y:
That part of the Northeast Quarter of the Southwest Quarter of Section 27,
. 7bwnship 33, Range 26, Shet'bumeCoun'ty,'Minnesota'describedas follows:
Beginning at the intersection of the East'imd West Quarter line, with the west-
erly right-of-way line of Minne6ota7runk Highway No. 201; thence West along
said East and West Quarter line, a distance of 424.20 feet; thence South at right
angles to said quarter line, a distance of 424.20 feet; thence East parallel with
said quarter line a distance of 316.04 feet to said westerly Fight-of-way line;
thence northerly along said westerly right-of-way line, a distance of 288.46 feet
to the point of beginning.
Section 2. The rezoning is being approved based on the following findings:
1. The density of the townhouse project is consistent with the current land use
designation ofMR (Medium Density Residential).
2. The project is served by collector streets on two sides and the existing road-
way system can support the traffic that will be generated from the proposed pro-
ject.
3. The rezoning is a logical transition of land use between the highway com-
mercial immediately to the east, multi-family to the south and single family res-
idential to the west and north.
4. The existing infrastructure is sized accordingly to serve the proposed pro-
ject.
5. The proposed project meets the intent of a planned unit development
through creative design and preservation ation of natural resources.
Section 3. The rezoning is approved based on the development plans for a 60
unit senior townhouse project as prepared by J.C. Johnson Consultants, Inc.
and plans dated September 10, 1996, and conditionally approved by the Elk
River City Council. .
Section 4. That this Ordinance shall take effect and be in full force from and
after the date of its publication. .
Passed and adopted this 7th day of October, 1996, by the City Council of the
City of Elk River.
ATTEST.
Sandra A. Thackeray
City Clerk
Henry A. Duitsman
Mayor
COTTAGES OF ELK RIVER
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~.(M.pk~ .
being duly sworn, on oath says that e/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as 'l'he 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 6P-~AV::JU q fo ~;) <f
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ( (o4J1c-
cessive ~~e s; it was first published on ~9nesday, the '-.
day of r-.eA) , 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.
a bed e fg h ij k 1 m n 0 p q r s t u v w x y z
BY: CO'Y\. ~~
\ . -
TITLE: 0 g A;Gli-V
~~
Su~_scri?ed and sworn to before ~e on this
{uYl )-V1/1;J}f!\.) ,19 q fp .
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day of
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Notary Public \..
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(1)
RATE INFORMATION
Lowest classified rate paid by
commercial users for comparable
space
Maximum rate allowed by law for
the above matter
Rate actually charged for the
above matter
(2)
$ d'b~ .CO
$ a~I.'-:'
$ d. ~JUp I
(3)