97-021 ORDORDINANCE 97- 21
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
RIC (SINGLE FAMILY RESIDENTIAL) TO
BP (BUSINESS PARK)
CASE NO. ZC 97-3
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.
findings:
The rezoning is being approved based on the following
THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF LI {LIGHT INDUSTRIAL).
THE REZONING WOULD RESULT IN LESS TRAFFIC GENERATED ON MISSISSIPPI ROAD
THAN WOULD BE GENERATED UNDER THE EXISTING RESIDENTIAL ZONING.
TIMES AND CONDITIONS HAVE CHANGED TO WARRANT AN EXTENSION OF BUSINESS
PARK DEVELOPMENT OPPORTUNITIES IN THIS AREA. THE REZONING IS NEEDED TO
BALANCE THE NEEDS OF THE COMMUNITY, PROVIDE ADEQUATE SPACE FOR
INDUSTRIAL LAND USES AND TO PRESERVE FUTURE INDUSTRIAL DEVELOPMENT
OPPORTUNITIES
THE PROPERTY IS LOCATED WITHIN THE URBAN SERVICE AREA AND IS WITHIN CLOSE
PROXIMITY TO EXISTING SERVICES.
THE ECONOMIC D~ JELOPM.NT STRATEGIC PLAN HAS IDENTIFIED THIS AREA AS
SUITABLE FOR THE TYPE OF DEVELOPMENT ALLOWED UNDER BP ZONING.
o
THE PROPOSED BP ZONED PROPERTY CAN BE ACCESSED FROM HIGHWAY 10, WHICH
CAN MEET THE TRANSPORTATION NEEDS OF BUSINESS ?ARK DEVELOPMENT.
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 20th day of October, 1997 by the City Council of
the City of Elk River.
ATTEST:
S~ndra A. Thackeray, City Clerk ~/~'
/l~e-nry ~. D~itsman, Mayor
\\elkriver\sys\shrdoc\document\ordinanc\zc97-3.doc
EXHIBIT A
Legal description for the rezoning of the following property in the Western
Area Phase III from RiC (Single Family Residential) to BP (Business Park).
That part of the Southwest Quarter of the Southeast Quarter and the
Southeast Quarter of the Southwest Quarter of Section 31, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Southeast corner of said Southwest Quarter of the
Southeast Quarter; thence North, along the East line of said
Southwest Quarter of the Southeast Quarter, to a point distant
1,320.00 feet South of the intersection of said East line with the
Southerly right-of-way line of U.S. Highway No. 10, as measured along
said East line; thence West, at right angles to said East line, along a
line to be hereinafter referred to as "Line A", a distance of 310.00 feet
to the point of beginning; thence Southwesterly to the intersection of a
line drawn parallel with and distant 1,160.00 feet West of said East
line, with a line drawn parallel with and distant 175.00 feet North of
the South line of said Southwest Quarter of the Southeast Quarter;
thence South, parallel with said East line, a distance of 175.00 feet to
said South line; thence West, along South line of the Southwest
Quarter of the Southeast Quarter and along the South line of said
Southeast Quarter of the Southwest Quarter, to the Southwest corner
of said Southeast Quarter of Southwest Quarter; thence North, along
the West line of said Southeast Quarter of the Southwest Quarter, to
its intersection with the Westerly extension of said above referenced
"Line A", thence East, along said above referenced "Line A' to the
point of beginning.
\\elkriverhsys\shrdochadrnin\clerkXlegalwes.doc
1~7 I1~' 187 44' I~R 14'
Mfidavit of Publication
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
~~,
being duly sworn, 0 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 Siar 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 ne,wspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. 0 f
(B) The printed ~-
.. (~A~ 0(1-.,)...1
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ( ~uc-
cessiveweeks; it was first published on Wednesday, the /'-1-
day of ~ ' 19 ~ ,and was thereafter
printed d published on every Wednesday to and includmg
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 oftype used in the composition and publication of the
notice.
BY:
TITLE:
iRi;lm~uvwXY'
~
~
I t.L3 -- day of
RATE INFORMATION
(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
$~
$ 113,{(a
$ It 3. u~
Mfidavit of Publication
ORDINANCE 97.21
cm OF Ef ,I' RIVER:. 4' .
. CE AMENDIN .
;MAPOFTOEl~K RlVEIl. G
, . . REZONE,:. ;
PROPER1Y HIe:".' .....
. ;Y RESmENTrA.L
IGHT INDUS'lRIAL) )
. E NO. ZC 97-3 .
City Council otthe City Qtm
r"d?es hereby orclain 8S fol.
;i,~;>;-t;-;-;;\> :/-i\", 'f:Y':;Jf:1f""}'"'j:,._.:L..' _:::
. 1. ~e dy.IYIl~op~ ~,9ri' . .
Mllp,of . I.tyof~lk River ishe~b;
dame~dbe,edd, . ;re,~p.e ,the property
eecn IlS: ,
heLegal P~cription for the rezoning of
t folloWIng propertyirl the Wf!Btern
Arell. Phase HI from RIO (Single
FllDUly Residential) to 11 (Li'ght
Industrial), ': .
That part oftheJlouthwest Quarter
of the", Southeast ,. Quartel'. ' and' the '
, SQouthe~f Qua~r of the 'Southwest
uarter.of Section 31i7bwnskip 33,
.Rfl:n,ge. ." 26" ~herburne' 'County,
Mmnellotg~ f1es(:nbt!d .as follows: '.
COm,menClng at the SoutheaSt cohze;. ,
. Quarter of the
. t." ort"',
, line, ()f. hw~s't
, 9~a hfl SoUtheast Quarter, to a
~cnrt . t' 1,32.0.0() feet Bou,th of the
mtersection ?f scud East line with the
S~ut -ohwa'lJ line ofU. S '
H~gh' ~, .' ,
'd " p8. measureclalong
,sa~ thence -West ;,. , . ,Lt
a 'I'" .... ngr<
'. ast, me, along a line to
refer"!Jd to as ''Line A," a
0;00 feet to the point of
nee Southwesterly to the
9 line dmwn parallel
nce 1,160.00 feet West 'of,
with a li . ' n par-
distant 6.00 feet
. outh line of: said
Q,uarter pf the. Southeast
nee South, parallel. with '
line, ~ distance of 176.qo feet
uth lm.e} the~ We8~,' along
of the SouthWfJl!t Quarter ()f :
t Q'farter and along the '
of ~cud ,SoutheaSt Quarter
uthwest. Quarter, to the
COmer of said Southeast-
uthwest Quarter; thence
the West line of (!aid I
the Southwest
. ,t~1
.. !!r ~
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~~~ ,
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 ne.wspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth~r applicable
laws, as amended. I
(B)Theprinted ()^..(~ Q'1-a\
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for l ~c-
cessivewee s;itwasfirstpublishedon Wednesday, the 3 -
day of ,19.-9..1, 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.
BY:
TITLE:
. b,d.Cohijklm ~u vW'Y'
m~o~
wl{~
~
3- day of
RATE INFORMATION
(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{(LOD
Il ~ ,,~
It3,l<.t'
Qkerll;, Oit:yc:il~~' ".,' ,.., i
. (nJt) . , . . ,'. . ' I
Mfidavit of Publication
STATE OF MINNESOTA
. ORDINANCE 97-21
Cl'l'Y QF Rl,l{ R
~AME
OF
MAP.'
PROPER1YRIC . .'
FAMILy RESIDEN"JirAL)
. (LIGHTINUl1S11UAL)
.... CASENO.Z(l97_a.
'ty Council of the City 9fJlllk
!er d<<?~8 hereby ordain a,i fol-
:: <J:;?::_"~__.::::,-':'< ':::-. '/t:,'::'(:-'.:c:r'.:,.";:,', <;
St#fon.;1; ~e d~iy ~dop~ Zon'
.Mapofth~O.ty o/Elk Rive~ ishe!"~'
lUIle~de~ to ,re:?;qnethe property
descnbed as: .
he. ~al D~cription for the rezoning of
t 'OlloWlng property in the Western
Are~ Phase, III from, Rle (Single
Fanuly ResIdential) to 11 (Li'ght
Industrial). .: .
That pari of the' ~outhw68t Quarler
t the.. Southeast. Quarler and the.
outhe~~ Quarlen of the Southwest
Quarter- of Section 31, 1bwnskip 33,
Jl~nge . 26" Sherburne Count
Mmne8otgi~s~ribed .as follor.us:... y,
COm,menCl.ng at the Southeast co'rner .
#' s uthWt!~ . Quarter of the
. ( out Quart~' orth,
along t ast lm~ 0 'd 'Southwest
Qu.a~~ ofth, Southeast Quarler, to a
l!m". clCS~nt 1,3fO.OO feet South "fthe
mtersectio!,/- ?f sald East line. with the
S~ut ht-ohWa'lJ line of U.S'
H~gh ,or . .
. 0, ps me~ured 'along
:md . the,,:ceWest, atfright .
be ~d East 'hne, along a line to .
dist r referred to as ''Line A, " a
. 310.00 feet tq the poi!'tt of
'!elP .hence Southwetiterly to the.
m~ of a line drawn parallel
:~ tan~ 1,160.00 feet West ~f
, w~t~ a line cjmr.un par-
aile .and d~stant 175.00 feet
. No the South line of said
~o QU(Jrler pf the Southeast
Qu. nce South, parallel with
sa~d~~t line, ~ diftance of 175.00 feet
to sa~d. South lme,' th!!nce West, -'along
South Une of the Southr.u68~ Quarler of .
. the s~ t Q'f4rler 'and along the .
. Soutli of sa~d Southeas'Q . rl
0' h . .... U(J er
S . ut r.uest.. Quarter, 'to th!!
out comerol said SoutheQ!Jt.
Quq uthwest ([u(Jrler,' thence
Nori the West line of 'aaid .
. of .the Southwest
rsectio
)ss.
COUNTY OF SHERBURNE)
'i~~v ~ ,
being duly sworn, on oath says that helshe 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 ne,wspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth~r applicable
laws, as amended. ,
(B)Theprinted Q^.l~ q (-Ol'
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for l ~c-
cessivewee s;itwasfirstpublishedon Wednesday, the :1 -
day of ,19-9.1, 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.
BY:
TITLE:
fpJ~~~UVWXy,
~o~ w1(~
vzP
3- day of
RATE INFORMATION
(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 $
IY(Loo
Il ?, ,,~
Il~,{(,&
whi~ can ~eet;. . transpo$tio~
needs ~fbusln~ss p~k, development..
Seet.on 3, That t~s Ordinance
shall take effect and be in full force
:~: and ~fthe date ofjta public~~
Passed and adop~ 'this 20th da
O~ber, 1997, by theOity CoWicK of
. the City of Elk River.' . 0
. Henry A.Plrltsman
J\'l"l'EST:. ." . . .. . . MarQr !
.' S~dra A. Thackeray, City 01
. . ,'.' . '. . {n'.l\ .
Mfidavit of Publication
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
. amen ed to
described as:
Legal descrip .
t~ following
Area. Phase
Family Residential)
Park). '.'
That partOftlw So e8t. uarter.'
of tlw'~outlwa8,t ,quarter andtlw
Soutlwast ,QuartfJr oft.lw, 'Southwe8t
Quarl(Jr of Section- 31, TqI.PnBhip: 33,
. R,!n~'! . 26, 0 ~lwrburne County,
MmnfJ80tr,t.;cW8cnbed Q,fIloUows:' ,)
Com.mencing at tM Soutiu!ast corner
of 8ald,' Southwe8t Quarter of tlw
SoutlwQ8t Quarter/, tlwn.ce 'North
alon~ tlw Ea8t. line of 8aid Southwe8t
Quarter of t.lw Soutlwast Quarter to a
l!oint dis!tflnt 1,,32,0.QO fe,et South ~ftlw
mtersectlon of 8ald Ea8t line wi.tk tlw
So.utlwrly right-ofway line of U.S.
Hl~hUlay NOr 10, as measured...along
8ald East line; tlwnce . We8t, 'at right
an'dRQ,fIt lifl;e, along a li,u;to
b~ er"refemd tq. as '$i ' .'
dl8tance 0 310.00 feet to the
be' .
~~.
being duly sworn, 0 oath says that he/she is the publisher or
authorized agent and employee ofthe 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 ne~spaper, as provided
by Minnesota Statute 331A.02, 331A,07, and other applicable
laws, as amended. 0 '
(B) The printed ~-
'. (J.A~ q'1-~1
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ( ~uc-
cessive weeks; it was first published on Wednesday, the 1'-/-
day of ~, , 19 ~ ,and was thereafter
printed d published on every Wednesday to and mcludmg
Wednesday,the_dayof ,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.
the
'llel
t of
ar-'
Uh feet
~,ort id
South arter, of t1w Soutlwast
Quarter: t.lwnce South, parallel with
8aid East. If;,;e,'a distance of 175.00 feet
to 8aid South " hence West, along
South liM Qf thwe8t Quarler of
tlw Sq.u!1w~t , rand alpng tlw
South llne of Boutlwast Quarter.
of ,tlw Southwe8t .Quarter,tb tlw
Sout!twest ..comer of 8aid Southeast
Quarter .of Southwest Quarter: tlwnoe
Nort ng ,tlw West'Une of, said'
Sout Quarter of t~ Sputhwe"st
Quarter, 0 its inter8ection' with tlw '
WfJ8terl t.en8io1l; of 8aid above refer-
e .~ Rastlal("'I,f!.~aid
'Lme .A" to tlwpoint . '
BY:
TITLE:
tE;lm~UVWXY'
~
~
I (f3 - day of
Subscribed and sworn to before ~7 on this
~,19~, ..
pfbergjfl;
'Sd
approved "
ings: .
1. The r
the Coznp
~esignatill
~':'-'2.dl':\~f_'., --g'4-~r _<__:-_1~~_
", trafficgener, d o,ississippi ;R~d
t~: w~uId, be ,eDer~ted und~r the
eXlstmg reSidential. zoning. , . 0, I
a.. Thi;les. and ~con~mons 0 Ilave .
c~ged to w&rraJ,lt (lD extension, of I
~us~ess park dev~lo ment opportuni~ i
ties m thjs area, 0 ezonh:1g is need-
e~ to bal~ce the ,ds of the conunu- :
D1~Y, provufe adequate space for indufI- . :
, 0 ~all(lDd uses (lDd topr~!lerve future .
o l~t.~al l(Jp~ent QPpo~iP.tie8,'
.. Orb(lD P
. .cl~e P
RATE INFORMATION
(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
$-.Jt.{ 4.00
$ 1I3.l<O
$ It 3. /J~
i
.Cf>.ll, ..
elopqieni '
c i entified, this area ·
Ie " o~ t~type gf development .
under Bpzonirig.o. . , ,0' ,,' l
. e proposed BP zoning property .
e 0 accessed from Highway 10,
, ' h C(lD meet the tr(lDsportation
'''net;dsofl:i ,0 0'" "n..
1I'"..S~qt.P.Jb' t..
shall ,t8l[e
fr~~ ~d. ' ..
tion. "
, Passed
, OCt<lher,
'the City ,
,,;