7.1. 7.2. 7.3. 7.4. SR 09-19-2011

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WHEREAS, after all parties desiring to present testimony and offer evidence for or against the Application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application and continued its discussion of the Application; and WHEREAS, the Elk River City Council on September 19, 2011, adopted a resolution (Land Use Resolution) approving an amendment to the Land Use Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and WHEREAS, the Land Use Resolution sets forth in detail the City council's findings of fact to support approval of the proposed amendment to the Comprehensive Plan, and sets forth the conditions for the City Council's approval of the proposed amendment. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI and Tiller for a rezoning of 33 acres to allow a 31.8-acre expansion of the Landfill: FINDINGS OF FACT The City Council adopts by reference each and every one of the Findings of Fact and Conditions set forth in the Land Use Resolution. 2. The City Council adopts by reference and incorporates into this Resolution approving a rezoning the conditions of approval set forth in part C of the Decision Section of the Land Use Resolution. 3. The City Council finds that rezoning 33 acres of the Tiller Property from A-1 (ME) to A-1 (SWF) meets the standards and requirements set forth in the Elk River Code of Ordinances for approval of a rezoning to the Solid Waste Facilities (SWF) zoning district, provided that the conditions set forth in the Land Use Resolution are complied with.