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98-029 ORD ORDINANCE 98 - 29 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (COMMUNITY COMMERCIAL) CASE NO. ZC 98-10 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 The rezoning is being approved based on the following Section 2. findings: 1. The rezoning is consistent with the Comprehensive Land Use Plan designation of CC (Community Commercial). 2. Times and conditions have changed to warrant the development of this property as neighborhood commercial. 3. The property is adjacent to a minor arterial ~vhich can meet the transportation needs of businesses allowed under the C4 zoning district. 4. The proposed C4 zoning district is compatible with the adjacent zoning districts. 5. The property is within the urban service area and is within close proximity to existing services. 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 ~ day of ~.~.nll~e~v_, 19_9_~ by the City Council of the City of Elk River. Sandra A. Peine, City Clerk Duitsman, Mayor e:\shrdoc\document\ordinancXzc98-10.doc Exhibit A That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 33, Range 26, Sherburne County, Minnesota lying Northerly of the Northerly line of the right of way of County State Aid Highway #1 and lying Easterly of the Easterly line of the right of way of the Burlington Northern, Inc. Railroad. Contain 5.69 acres, more less. Subject to that part thereof taken for Township Roads. Mfidavit of Publication ORDINANCE 98-29 CI'J.'Y OF.~ RIVER ,AN ORDINANCE~~lNq< THE CITY OF ElXRIVER", ". ZONING MAP TQ~ZQ~'.' , CERTAIN'.PROPERnFROM. RIC.{SINGLE FAMlLY . RESIDENTIAL)}I'OC4 (COl\mll1NITY COMMERCIAL) <J1\BE NO. ZC !8-10 'I'he,CitJ"Council of ~e" Giiy~f :EIlt RiVEll"does.hereby ordain.as.f'onows: " Sec~Qn,l. 'The dUly adopted Zoning Map of the.City of Elk Riv~r,is hereby amended to rezone !If'.;ptopertY described,..as: ,.'i';'.'" That part of the Non" . '~/!!a;#eiof the Southwest Quarter ection28" 7bwnship33, Range 26, Sherbu~ County, Minnesota, lying;Northerly of the Northerly, line of the right of way of County State Aid Highway, #1 and lying .Easterly of the E$S.~rl" liTl,e ,; of the nght. of way'.' of ..pte"lJUzrlif1.gt!Jn ' Northern, Inc. RailroaiJ,..Conttdri5:69 acres, more less. SUbject,;tC!th.ti;t"'1'f!rj theT"eQftaken for 7bwnship Rbcid8. .... Section 2. The rezoning is being !lpproved 1basedo11'. the fonowing .tiQd- lOgs: 1. Therezoning'is consistent with the Comprehensiv;e LaneL U$~~ designation of ;CC (Community Commercial). .. 2. Times and '... condi~ons ha,ve c~~ to warrallt the, ~evelopDleIlt of this property as.neighborhood com;,. mercial. 3"The property is adjacent' to a minor arterial wmch can meet; the transportation needs .Qf~Usinesses allowed under the ,C4 zoning district. < 4. The, proposed C4zomngdistrict~. compatible with the.adjacent 'zoning districts. 5. The property is withiritheurban service area and is within e1oseprox" imity to existing services. Section 3. That tms Ordhiance sb,all take effect and be in full. force from and after the date of its publica- tion. Passed and adopted tliis21st day of DeceDlber, 1998, by the City Council of the City of Elk River. HenryA DUitsDlaIl Mayor ATTEST: Sandra A. Peine City Clerk (Ja13) STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) being duly swo , 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 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. r\ to.. .-.1. " ~ q 'Y _ "\ q (B)Theprinted ~~fTVC' J..; '.a. .r:l J. which is attached was cut from the columns of said newspaper, and was printed and published once each week, for t suc- cessive weeks; it was first published on Wednesday, the 1311:) day of ft Gl rn 1 A rh.-I/ ~ ' 19~, and was thereafter printed nd published on ery 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 I m n 0 p q r s t u v w x y z ~jf~~~rt, Subscribed and sworn to before, on this J cJl, day of ~,19q . _ _ 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 $ <(3 LJ . 00 $ lole 10\ $ lolo.Ol