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ORD 04-014 ORDINANCE 04].4 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED CASE NO. ZC 04- 08 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The dilly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE CITY'S COMPREHENSIVE PLAN ANTICIPATED MINERAL EXCAVATION AS AN INTERIM USE WITH THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT. 2. THE SUBJECT PROPERTY ABUTS EXISTING MINERAL EXCAVATION OPERATIONS. 3. MINERAL EXCAVATION, AS PROPOSED, WILL NOT INTERFERE WITH OR UNDULY IMPACT SURROUNDING LAND USES OR OTHER NATURAL RESOURCES. 4. THE REQUEST IS CONSISTENT WITH THE ULTIMATE END USE OF THE PROPERTY IDENTIFIED ON THE CITY'S LAND USE MAP, SINCE THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT LEAVES THE UNDERLYING ZONING AND LAND USE OF THE SUBJECT PROPERTY UNCHANGED. 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 September, 2004, by the City Council of the City of Elk River. ~ ATTEST: Jo Exhibit A South Half of the Northeast Quarter of the Northeast Quarter (S Vz of NE 'I. of NE 'I.), Section 10 and Northwest Quarter of the Northwest Quarter (NW 1/4 ofNW 'I.), Section 11, all ill Township 33, Range 26, Sherburne County, J'..finnesota. . . . Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNlY OF SHERBURNE) ORDINANCE 04.14 CITY OF ELK RIVER AN ORDINANCE' AMENDING THE CITYOF ELK RIVER ZON- ING MAP TO REZONE CERTAIN PROPERTIES AS DESCRlBEb CASE NO. ZC 04- 08 The City Council of the, City of Elk 'FUverdoes hereby ordain as follows: ~ti{)ri ,1. The duly <adoRted Zoning Map of, the Gity of Elk FUver is hereby amentied to rezone the properties described as: South, Half' of the Northeast Quarter of the Northeast Quarter (S 1/2ofNE1/4 orNE 1/4), SectiOn 10, and Northwest Quarter of the Northwest Quarter(NW 1/4 of NW 1/4), Sectio.nU, aU in Township 33,'Range 26, Sherburne, County, Minnesota, Section 2. The rezoning is being approved, based on the -following findings: LTHECITY'S COMPREHEN- SIvE PLAN ANTICIPATED MIN- ERAL EXCAVATION AS AN INTERIM USE WITH THE MIN- ERAL EXCAVATION OvERLAY ZONING DISTRICT. 2. THE' SUBJECT PROPERTY ABUTS EXISTING MINERAL EXCAVATION OPERATIONS. . 3. MINERAL EXCAVATION, AS PROPOSED, WILL NOt INTER- FERE WITH' OR UNDULY IMPACT SURROUNDING LAND USES .OROTHERNATURAL RESOURCES. 4. THE REQUEST ISCONSIS- TENT WITH THE, ULTIMATE END USE OF THE PROPERTY IDENTIFIEb ON THE CITY'S LAND, USE MAP, SINCE THE MINERAL EXCAVATION OvE:R,- LAY, ZONING DISTRICT LEAVES THEVNDERLTING ZONING AND LAND. . USE OF THE SUBJECT PROPERTY UNCHANGED. Section 3. That this Ordinance shall take effect and be in full force from and after the date of'its pub- lication. . Passed. and adopted.. this. ' 20th day of September, 2004, by the City Council of the City of Elk Rive~ . Stephanie A..Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk (Sp29) --F' -1'2. (tl ~ ~ V1 .~,v r i S being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper 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) The printed __OJ: diD_Q..n LL__________ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for i successive weeks; it was first published on Wednesday, the ..29 fh day of $<' p'~ ber; 20 OG\ ' and was thereafter printed and published every Wednesday to and including Wednesday, the day of ,20_; 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: a b c d e fghij k 1 mno p qr stu vwxy z ~~' ~ ,r m(,l~(~l::r Subscribed and sworn to before me on this c~lt" day of . :'Sep~ YYi r~r , 20 (1) Lowest classified rate paid by commercial users for comparable space $ (2) Maximum rate allowed by law for the above matter $ OJ q - 00 (3) Rate actually charged for the above matter $ qqoo