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98-007 ORDORDINANCE 98-_~ CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM RIC (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) CASE NO. ZC 98-4 (Area #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 LAND USE PLAN AND REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN AND ECONOMIC DEVELOPMENT STRATEGIC PLAN TO EXPAND THE INDUSTRIAL TAX BASE IN THE CITY. WITH THE REALIGNMENT OF COUNTY ROAD NO. 13, CONDITIONS HAVE CHANGED TO WARRANT A CHANGE IN THE LAND USE AND ZONING DESIGNATIONS. THE SUBJECT PROPERTY IS PLANNED TO HAVE ADEQUATE ACCESS INCLUDING A SIGNALIZED INTERSECTION TO ACCOMMODATE THE EXPECTED TRAFFIC TO SERVE THE FUTURE INDUSTRTIAL SITES. THE AREA IS INCLUDED WITHIN THE URBAN SERVICE DISTRICT WHICH IS A MAJOR CRITERIA FOR IDENTIFYING AVAIILABLE INDUSTRIAL OPPORTUNITIES. THE AREA TO BE REZONED IS BORDERED ON THREE SIDES BY ROADWAYS WHICH WILL PROVIDE BOTH A MEASURABLE DISTANCE AND OPPORTUNIITY FOR BUFFERING FROM ADJACENT LAND USES. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its pubhcation. Passed and adopted this 18thday of of the City of Elk River. ATTF~T: ~ Sandra A. Thackeray, City Clerk' Hay ,1998 by the City Council //H;~//y A. D'uit-s'man, Mayor s:\document\ordinanc\zc98-4.do¢ EXHIBIT A AREA 3 That part of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89 degrees 51 minutes 13 seconds East, an assumed bearing along the South line of said Southwest Quarter, a distance of 1155.25 feet; thence North 32 degrees 51 minutes 28 seconds East, a distance of 326.12 feet to the centerline of County Road No. 12 and the actual point of beginning of said parcel to be hereinafter described; thence continuing North 32 degrees 51 minutes 28 seconds East, .a. distance of 146.31 feet; thence Northeasterly, Northerly and Northwesterly, a distance of 661.23 feet, along a tangential curve concave to the West, having a radius of 600.00 feet and a central angle of 63 degrees 08 minutes 35 seconds; thence North 30 degrees 17 minutes 07 seconds West, tangent to said last described curve, a distance of 713.73 feet; thence Northwesterly, a distance of 347.69 feet, along a tangential curve concave to the Northeast, having a radius of 1000.00 feet and central angle of 19 degrees 55 minutes 16 seconds; thence North 10 degrees 21 minutes 51 seconds West, tangent to said last described curve, a distance of 811.95 feet; thence Northerly, a distance of 224.11 feet, along a tangential curve concave to the East, having a radius of 600.00 feet and a central angle of 21 degrees 24 minutes 05 seconds; thence North 78 degrees 44 minutes 08 seconds West, not tangent to the last described curve, a distance of 89.90 feet; thence Westerly and Southwesterly, a distance of 247.11 feet, along a tangential curve concave to the South, having a radius of 300.00 feet and a central angle of 47 degrees 11 minutes 43 seconds, to the intersection with the centerline of C.S.A.H. No. 13; thence Southwesterly along said centerline of C.S.A.H. No. 13 to the intersection with the West line of said Southwest Quarter; thence South along said West line of the Southwest Quarter to the intersection with said centerline of County Road No. 12; thence Southeasterly along said centerline of County Road No. 12 to the point of beginning. EXHIBIT A 176TH 175~h~ 17~'rH LOCATION CASE: ZC 98-4 (Area #3) Mfidavit of Publication 1.2 and -cel'to be 'd par )f ,sal d' thence con Icnbe, minutes - ~egrees51 _ f 146. a distBIlce ~ - , '--"+"rly, -- Nort )1"\;ne-- dis~ce- ierly, a t' al cu.rv ~ a tangen 1 -.1~Ufl D having a ,rau> ,st, tral- angle of a cen ' .1_' t oes 35-s~nUl>' - s 1'7, J]lln~tes ee t to sald. .n~en of '713, distance di esterly, a s >ng atangen Nort ~feet STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ~J " '-"--O.k;e-\\'\ \-\0. r r- \ .~ 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 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted O(cU f\C\ flee ClS --.....1 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ suc- cessive weeks; it was first published on Wednesday, the \ C) \..h. . CJ Q day of :) \..l \ U!... , 19 --.ll..l., and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy ofthe 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: a bed e fg h ij k 1 m n 0 p q r s t u v w x y z 4h~~ Q,--f' '1"\ r(' G\. \ r'f\ ~ n (I...~_ \f \ D-\.'\:" day of ~ ltyI. Notary Publi 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 $ d04.0D $ )loO .3\ $) ~ 0 \ 3 \