RES 10-30RESOLUTION NO. 10- 30
Cit Council
Y
City of Elk River
A Resolution Deriving the Application of Tiller Corporation to Amend its Existing
Conditional Use Permit to Allow the Removal of Trees and Minin within the Existing 200
Foot Buffer Zone on the South Side of the Elk River Landfill
WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste
Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and
WHEREAS, Tiller Corporation (Tiller) has an existing Conditional Use Permit, approved
in May 1996 (1996 CUP), authorizing gravel mining operations on the Landfill property; and
WHEREAS, Tiller has submitted a land use application (Application) to the City
requesting an amendment to the 1996 CUP to allow the removal of trees and mining within the
existing 200-foot buffer zone on the southern boundary of the Landfill property; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
Code, the Application was referred fo` he City of Elk River Planning Commission for the
purpose of holding a public hearing and making a recommendation to the Elk River City Council
on the Application; and
WHEREAS, the Planning Commission held a public hearing on the Application on
June 8, 2010, at which time Tiller and its consultants were provided as much time as they desired
to present the Application and all information and data they desired in support of the
Application; and
WHEREAS, the Planning Commission took testimony from all members of the public
who desired to speak at the June 8, 2010 public hearing; and
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WHEREAS, the Planning Commission closed its public hearing on the Application on
June 8, 2010 and made a recommendation to h
t e Elk River City Council that the Application be
denied; and
WHEREAS, the Elk River City Council, on June 21, 2010, held a public hearing on the
Application and considered the Planning Commission's recommendation; and
WHEREAS, Tiller and all members of the public desiring to speak at the June 21, 2010
public hearing before the City Council were provided the opportunity to do so; and
WHEREAS, all written materials submitted by Tiller, and all other members of the public
prior to and at the public hearing on June 21, 2010, were accepted into the record; and
WHEREAS, during the June 21, 2010 public hearing, the City Council received
testimony from all parties desiring to present testimony and offer evidence for or against the
Application, closed the public hearing on the Application, continued its discussion of the
Application, and reached the decision incorporated in this resolution.
NOW, THEREFORE, the City Council of the City of Elk River makes the following
Findings of Fact and Decision with respect to the Application:
FINDINGS OF FACT
Tiller holds an existing Conditional Use Permit, dated May 30, 1996 (the 1996
CUP), which authorizes mineral excavation from the Elk River Landfill Property.
2. Section 3(20) of the 1996 CUP reads as follows:
(20) Screening and Buffering - No mining operations shall be
conducted within two hundred (200) feet of the property boundary.
Further, within this two hundred (200) foot buffer area trees shall
be left for screening. In open areas where trees do not exist,
screening shall be accomplished by the construction of a minimum
six (6) foot high berm planted with evergreens.
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3. Tiller's excavation activities on the Landfill property are conducted in connection
with ERL's landfillin activities. E '
g RL s landfilhng activrties are conducted pursuant to a
conditional use permit most recently amended and approved by the Elk River City Council on
February 16, 2010.
4. Section 3 of ERL'S February 16, 2010 CUP provides as follows:
3.) Buffer Zone/Screening. A Buffer Zone shall be established
within the perimeter of the Landfill Property around the waste
disposal areas of not less than 200 feet, except on the north side.
Within this Buffer Zone, no waste disposal may occur. The
Landfill shall develop an inventory of significant trees within the
buffer zone. The preservation of trees within the buffer zone shall
be provided for during the construction, operation, and be included
in the end use plan to be submitted for approval by December 31,
2011 by the City.
5. In March 2009, ERL applied for a Comprehensive Plan amendment, rezoning,
Conditional Use Permit, and Solid Waste Facilities License to expand the Landfill on to Tiller's
109-acre property located between 221St Avenue and the Landfill (the "March 2009
Application"). This application was considered by the Planning Commission and City Council at
a number of meetings, which extended from June 2009 until October 2009. The March 2009
Application for a Comprehensive Plan amendment and rezoning was denied by the City Council
on September 21, 2009. The March 2009 Application for a Conditional Use Permit and Solid
Waste Facilities License was denied by the City Council on October 19, 2009. The information
submitted to the City Council prior to its September 21 and October 19, 2009 decisions regarding
the March 2009 Application, including the staff reports presented to the City Council, along with
the resolutions adopted by the City Council denying the March 2009 Application, are hereby
incorporated in the City Council's consideration and decision with respect to the current
Application.
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6. On February 22, 2010, ERL submitted an application to amend its February 16,
2010 CUP to allow an a roximatel 13-acr
pp y e expansion of the Landfill by developing the
existing 200-foot buffer zone on the southern boundary of the Landfill for the deposit of solid
waste.
7. ERL's February 22, 2010 application to amend its February 16, 2010 CUP was
considered by the Planning Commission on May 11, 2010 and by the City Council on May 17,
2010. On May 17, 2010, the City Council adopted a resolution denying the request to deposit
solid waste in the buffer zone on the southern boundary of the Landfill. The information
submitted to the City Council prior to its May 17, 2010 decision to deny ERL's CUP
amendment, including the staff reports presented to the City Council, along with the City
Council's May 17, 2010 resolution of denial, are hereby incorporated in the City Council's
consideration and decision with respect to Tiller's current application to amend its 1996 CUP.
• 8. Denial of ERL's application to amend its CUP to allow the de osit of solid waste
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in the 200-foot buffer zone along its southern boundary means that ERL's CUP continues to
require that the preservation of trees within the buffer zone be provided for during the
construction and operation of the Landfill, and be included in the end use plan for the Landfill.
9. On February 22, 2010, Tiller submitted the current Application to amend its 1996
CUP. Tiller's current Application seeks approval to remove trees and mine within the 200-foot
buffer zone along the southern boundary of the Landfill. This is the same area in which ERL's
February 16, 2010 CUP requires that the trees be preserved during the construction and operation
of the Landfill, and be included in the end use plan for the Landfill.
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10. Section 30-654 of the Elk River City Code sets forth seven standards for the
• issuance of a Conditional Use Permit and rovides that a Conditional Use Permit can be ordered
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only if the proposed use meets the seven standards.
11. The City Council finds that Tiller's proposal to remove the trees and mine the
200-foot buffer zone on the southern boundary of the Landfill does not meet the standards set
forth in § 30-654 of the City Code for the issuance of a conditional use permit, because:
A. Removal of the existing mature, native trees and mining of the Landfill's 200-foot
buffer zone would be inconsistent with and constitute a violation of the February 16,
2010 CUP for the Landfill, which requires that the preservation of trees within the
buffer zone shall be provided for during the construction, operation and end use of
the Landfill.
B. Mining the existing 200-foot buffer zone will detrimentally affect the use and
enjoyment of other property in the immediate vicinity, because existing topography
and vegetation in the buffer zone will be removed, making landfill operations visible
from 221St Avenue and surrounding properties to the south and west.
• C. Mining the existing 200-foot buffer zone will result in the destruction, loss or
damage of natural features which are of major importance because the existing
native, mature trees and natural topographic conditions which screen and buffer
landfill activities from 221St Avenue and surrounding residential areas to the south
and west will be removed. This existing screening is of major importance in that it
screens Landfill operations from surrounding properties and will screen the Landfill
permanently once operations cease.
D. Mining the existing buffer zone does not fully comply with the other requirements of
City Code because it would be inconsistent with and a violation of the requirements
of the existing February 16, 2010 CUP for the Landfill.
DECISION
THEREFORE, the City Council of the City of Elk River makes the following Decision
with respect to Tiller's Application to amend its 1996 CUP to allow the removal of trees and
mining within the existing 200-foot buffer zone along the southern boundary of the Landfill:
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A. All of the reports and materials prepared by City Staff and City Consultants, as well
as the Fin in
d gs of Fact and Recitals set forth m this Resolution, are hereby adopted
and incorporated within the City Council's Decision on this matter.
B. The record in this matter shall include all materials submitted to the City and
presented to the Planning Commission and City Council, including those materials
presented in the staff reports, by the City staff and by the City's consultants, and all
materials and testimony submitted by or on behalf of Tiller and its consultants, and
all testimony received from the public, as of the date of this Resolution.
C. Based upon the Findings of Fact set forth above, the Application of Tiller to amend
its existing 1996 Conditional Use Permit to allow the removal of trees and mining
within the existing 200-foot buffer zone on the southern boundary of the Landfill is
hereby denied.
THIS RESOLUTION PASSED AND ADOPTED this 21st da of June, 2010.
Y
_,~~ vN I~~ i i
Steph ie Klinzing,' r
Tina Allard, City Clerk
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