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99-008 ORDORDINANCE 99- 8 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM I1 (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. Z ~ 98-12 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. THE REZONING IS CONSISTENT WITH THE LI (LIGHT INDUSTRIAL) LAND USE IN THE COMPREHENSIVE PLAN . 2. TIMES AND CONDITIONS ARE SIMILAR TO THE ADJACENT REZONING FROM I1 TO PUD, AND THE APPLICANTS BUSINESS HAS GROWN. THE PROPOSE REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITH IN THE URBAN SERVICE DISTRICT 4. THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 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 16th day of Council of the City of Elk River. Sandra A. Peine, City Clerk February , 1999 by the City Step~anie A. Kiinzin~,JMayor \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\oa98-_.doc Exhibit A That part of the North Half of the Northeast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota which lies Southwesterly of the Burhngton Northern Railroad and which hes Northwesterly of a hne drawn parallel with and distant 18.048 meters (59.21 feet) Northwesterly of the following described line: Beginning at the Southwest corner of the Northeast Quarter of the Northeast Quarter of said section 11; thence South 89 degrees 59 minutes 53 seconds East, on an assumed bearing along the South hne of said Northeast Quarter of the Northwest Quarter, a distance of 73.704 meters (241.81 feet); thence Easterly, a distance of 39.866 meters (130.79 feet) along a tangential curve concave to the North having a radius of 198.567 meters (651.47feet) and a central angle of 11 degrees 30 minutes 11 seconds; thence North 78 degrees 29 minutes 56 seconds East, tangent to the last described curve, a distance of 10.000 meters (32.81 feet); thence Easterly, a distance of 39.866 meters (130.79 feet), along a tangential curve concave to the South having a radius of 198.608 meters (645.04 feet); thence Easterly and Northerly, a distance of 84.945 meters (278.69 feet) along a tangential curve concave to the Northwest having a radius of 125.000 meters (410.10 feet) and a central angle of 38 degrees,56 minutes 09 seconds; thence North 51 degrees 03 minutes 58 seconds East; tangent to the last described curve, to the Southwesterly right-of-way line of said Burlington Northern Railroad and there terminating. \\elkriver\sys\shrdoc\planning\stevewen\pcmrno\zc98-12.doc Affidavit of Publication approv ings: ,,' "',', '1,. TherezoDlng . is' cOnSis ' the Ll (Light Inchistria:l) Ian!! ,use ih ; the comprehensive plan. . ': ' ',' .' " :2; Times a.p.d conditions are similar to the adjacent l'ezoi:).ing. from L1 to PUD, and the applicants b\!.sinetis h~s grown. , 3. The proposed rezoning is consis- tent with the proposed expansion ,of the urban service area and the concept of providing industrial land within the, urban service district. 4. The proposed zoning district is c?m~atible with the ./ildjacent zoning glstncts. . ,':' ',' ,',' ." Seqtion a. That this Ordinance shall take effe(:t ~d bEl" in. full force. frOIP ,a.nd after the date of its publication. ' Passed aJ;ld adopted th,is 16th day of Fepruary, 1999, by the City Council of the City \If Elk River. ' , " , . Stephanie A. Klinzing, Mayor A'fI'EST: . ' Sandra A. Peine, City Clerk (F24) STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) S\\XQD~ ~n\~ 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 ofthe 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 331A02, 331A07, and other applicable laws, as amended. , (B)Theprinted ()r d \ rJOJ"\ce Cf1- <6 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ sfu- cessiveweeks; it was first published on Wednesday, the Q L/ . day of fe b'('\...lCl\''{ . 19~, and was thereafter printed and published on every Wednesday to and including Wednesd'ay, 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 be de fghij k 1 mnop q rst u v w xy z ~:(~~~~ Subscribed and sworn to before me on this <9. \..0 '-t:h day of \=e \-K-\ 10"'1 .19~.~ RATE INFO (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 $ IdO.QCJ $ C]Y,30 $ 9Y,30