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94-108 RES e CITY OF ELK RIVER RESOLUTION NO. 94 - 108 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) CITY OF ELK RIVER CASE NO. LUA 94-7 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on September 27, 1994, and recommended approval regarding the Comprehensive Plan amendment request for the property legally described as: e See attached Exhibit A and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from MR (Medium Density Residential) to HB (Highway Business) based on the following: 1. EXTENDING THE COMMERCIAL LAND USE ALONG HIGHWAY 169 FURTHER SOUTH TO INCLUDE THE REMAINING UPLAND AREA IS A LOGICAL EXTENSION. 2. THE LAND USE PLAN AMENDMENT WILL NOT HAVE A DETRIMENTAL AFFECT ON SURROUNDING PROPERTIES. e 3. CONDITIONS HAVE CHANGED WITH RESPECT TO SEWER AND WATER EXTENSIONS, COMMERCIAL DEVELOPMENT e ACTIVITY, AND THE PLATTING OF PROPERTY AROUND THIS AREA TO WARRANT A CHANGE IN THE LAND USE. 4. THE LAND USE PLAN AMENDMENT WILL BE CONSISTENT WITH THE CURRENT ZONING DESIGNATION OF C3 (Highway Commercial). PASSED by the City Council of the City of Elk River this 17th day of October ,1994. /tr ,1 ~' ;' . / of" It ' ,/,,~ A Duitsman, Mayor ATTEST: t- Sandra A. Thackeray, City Clerk -- e s:document:resol:lua94-7 e e e EXHIBIT A That part of Outlot A of the duly recorded plat of CHERRYHILL BLUFFS, Sherburne County, Minnesota; and that part of the West Half of the Southwest Quarter of Section 27, Township 33, Range 26, said Sherburne County; described as follows: Beginning at the Southwest corner of Lot 3, Block 1, said CHERRYHILL BLUFFS; thence North 88 degrees 14 minutes 17 seconds East along the South line of said Lot 3, Block 1, for a distance of 65.00 feet; thence South 1 degree 45 minutes 43 seconds East for a distance of 241.48 feet; thence South 87 degrees 18 minutes 28 seconds West for a distance of 330.92 teet; thence South 39 degrees 56 minutes 28 seconds West for a distance of 157.33 feet, more or less, to intersect a li~e bearing North 2 degrees 41 minutes 32 seconds West from a point on the South line of said Outlot A, CHERRYHILL BLUFFS, a distance of 116.17 feet east of the Southwest corner of said Outlot A, as measured along said South line; thence South 2 degrees 41 minutes 32 seconds East for a distance of 198.28 feet, more or less, to said point on said South line of Outlot A; thence continue South 2 degrees 41 minutes 32 seconds East for a distance of 150. 00 feet; thence South 87 degrees 1,8 minutes 28 seconds West for a distance of 348.24 feet, more or less, to intersect the Easterly line of the right-of-way of U.S. Highway No. 169; thence northerly along said Easterly line of the Highway right-of-way for a distance of 155.70 feet, more or less, to intersect the South line of the duly recorded plat of OAK PARC PLAZA, said Sherburne County, also being the westerly extension of said South line of Outlot A, CHERRYHILL BLUFFS; thence North 87 degrees 18 minutes 28 seconds East along said South line of OAK PARC PLAZA for a distance of 273.83 feet to said Southwest corner of Outlot A; thence North 6 degrees 42 minutes 28 seconds East along part of the Westerly line of said Outlot A for a distance of 177.00 feet; thence North 15 degrees 47 minutes 28 seconds East along part of said Westerly line of Outlot A for a distance of 90.00 feet; thence North 39 degrees 56 minutes 28 seconds East along the Northwesterly line of said Outlot A for a distance of 189.00 feet; thence North 87 degrees 18 minutes 28 seconds East along part of the North line of said Outlot A for a distance of 304.57 feet; thence North 1 degree 45 minutes 43 seconds West along a part of the West line of said Outlot A for a distance of 157.52 feet to the Point Of Beginning. Containing 3.03 acres, more or less. Subject to easements of record, if any. SC 08: /OPPlz2rv.Rzn File #6294.20-08 9/08/94