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5.2. & 5.3. SR 08-17-2009
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5.2. & 5.3. SR 08-17-2009
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8/27/2009 3:26:08 PM
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8/14/2009 11:52:21 AM
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C. The Application of ERL to amend the Land Use Map Element of the City of Elk River <br />2004 Comprehensive Plan to redesignate the 109-acre Southern Development Area from <br />the Land Use category "Mining" to the Land Use category "Landfill" is hereby denied. <br />DECISION ON REZONING <br />The City Council of the City of Elk River further makes the following Decision with <br />respect to the Application of ERL for rezoning of the 109-acre Southern Development Area from <br />A-1 (ME), agricultural conservation (mineral excavation), to A-1 (SWF), agricultural <br />conservation (solid waste facility): <br />A. All of the Findings of Fact and Recitals set forth in this Resolution are hereby adopted <br />and incorporated within the City Council's decision on this matter <br />B. The record in this matter shall include all materials submitted to the City and presented <br />to the Planning Commission and City Council, including those materials presented in the <br />staff reports, by the City staff and by the City's consultants, and all materials and <br />testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all <br />testimony received from the public as of the date of this resolution. <br />C. Based on all of the above, and on the additional fact that the Application to reguide the <br />SDA from "Mining" to "Landfill" has been denied, so that rezoning the SDA from A-1 <br />(ME) to A-1 (SWF) would result in an inconsistency between the Land Use Map <br />Element of the City's 2004 Comprehensive Plan and the City of Elk River's Zoning <br />Map, the Application to rezone the SDA from A-1 (ME) to A-1 (SWF) is denied. <br />11 <br />
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