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RES 11-56RESOLUTION NO. 11- 56 • City Council City of Elk Rrver A Resolution Approving the Application of Elk River Landfill, Inc. for a Comprehensive Plan Amendment to Allow Expansion 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, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land located immediately south of the existing Landfill (Tiller Property); and WHEREAS, ERL and Tiller submitted a land use application in 2009 (2009 Application) to the City requesting an amendment to the City's 2004 Comprehensive Plan to amend the Land • ive Plan to char e the land use desi ation of the 109-acre Use Map Element of the Comprehens g gn Tiller Property from "Mining" to "Landfill," an amendment to the City of Elk River Zoning Map to rezone the 109-acre Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility) and a Conditional Use Permit and Solid Waste Facilities License to allow expansion of the Landfill onto the 109- acre Tiller Property; and WHEREAS, the 2009 Application was considered by the Elk River Planning Commission and the Elk River City Council and denied by the City Council on September 21, 2009; and WHEREAS, WMI and Tiller subsequently applied, on June 27, 2011 (2011 Application), for a smaller expansion of the Landfill, requesting: • 1. An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Ma Elem • p ent of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone 33 acres of the Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility); and 3. A Conditional Use Permit (CUP) to allow expansion of the existing Landfill onto 31.8 acres of the Tiller Property; and 4. A License to allow operation of the Landfill on the 31.8-acre expansion area; and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the 2011 Application was referred to the 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 A lication• and • pP , WHEREAS, the Planning Commission held a public hearing on the 2011 Application on September 13, 2011, at which time ERL, WMI, Tiller and their consultants were provided as much time as they desired to present the 2011 Application and all information and data they desired in support of the 2011 Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the September 13, 2011 public hearing; and WHEREAS, on September 13, 201 1, the Elk River Planning Commission adopted a resolution recommending to the Elk River City Council that the 2011 Application for a comprehensive plan amendment for the 31.8 acre expansion be approved; and • -2- WHEREAS, the Elk River City Council, on September 19, 2011, held a public hearing on • mmission's recommendation• and the 2011 Application and considered the Plamm~g Co , WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the September 19, 2011 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on September 19, 2011 were accepted into the record; and WHEREAS, during the September 19, 2011 public hearing, the City Council discussed the merits of the 2011 Application, closed the public hearing on the Application and reached the decision incorporated in this resolution. NOW, THEREFORE, the City Council of the City of Elk River makes the following • f Fact and Decision with res ect to the A lication of ERL WMI and Tiller for a Fmdmgs o p pp , comprehensive plan amendment to allow a 31.8-acre expansion of the Landfill:. FINDINGS OF FACT 1. The Landfill was first approved to operate on 40 acres of land in 1971 and first permitted by the Minnesota Pollution Control Agency in 1972. 2. The Landfill~was granted its first approvals and permits by the City of Elk River pursuant to the City's Solid Waste Facilities Ordinance in 1988. 3. In 1997, the City granted approval for the Landfill to expand the area approved for Mixed Solid Waste (MSW) disposal from its original 40 acres to the current 93-acre footprint. -3- 4. In 1988, the Landfill received approval from Livonia Township to expand the t a total ermitted • area approved for construction and demolition debns disposal (C & D) o p footprint of 75 acres. 5. The Mixed Solid Waste and Construction and Demolition Debris operations at the Landfill currently cover 168 acres.. 6. The 2011 Application proposes an increase in the MSW disposal area within the Landfill of 27.2 acres, which is significantly less than the proposal denied by the City Council in 2009. 7. The 2011 Application provides that the Landfill will close no later than December 31, 2030. 8. The City of Elk River has been proactively planning for its future and regulating solid waste facilities since the 1980s. The City adopted its Solid Waste Facilities Ordinance in 1986 and the Landfill was rezoned to the Solid Waste Facilities Overla Zonin District in • Y g 1988. 9. The City adopted its first growth management plan in 1988 and its first comprehensive plan in 1995. The City's current comprehensive plan (the Comprehensive Plan) was adopted on August 16, 2004. 10. The 2004 Comprehensive Plan consists of 13 elements, including the Land Use Eiernent. The Land Use Plan incorporated in the Land Use Element of the Comprehensive Plan designates the current Landfill as "Landfill" and the Tiller Property as "Mining." The designation of the Tiller Property as Mining has not been changed since adoption of the Comprehensive Plan in 2004. -4- 11, Changing the designation of a portion of the Tiller Property from Mining to ti n of an amendment to the Landfill on the Land Use Map requires the approval and adop o Comprehensive Plan by the City Council, as provided by Minnesota Statutes. 12. The Comprehensive Plan states that it should not be amended capriciously and that the following questions should be considered when changes to the Comprehensive Plan are proposed: • Is the project consistent with the Land Use Plan? • Does the project move Elk River towards its vision for the future? Is the project consistent with the policies contained the Comprehensive Plan? 13. Policies set forth in the Comprehensive Plan which are relevant to the Application include: • Provide a balanced land use pattern which supports a sustainable mix of jobs and • housing. • Guide the scale of development to be consistent with the surrounding land uses and general character. • Guide commercial land use to areas that can utilize anappropriately-designed transportation system without infringing upon residential neighborhoods. • Allow commercial areas to develop when they can be designed to be compatible with surrounding land uses. • Include adequate buffering of commercial and industrial developments and adjacent to non-compatible land uses. • Require adequate transition of buffers between differing, non-compatible land uses, making use of natural land characteristics, whenever possible. • Require development of proposals to consider the impacts on transportation and natural systems beyond the boundaries of the individual projects. -5- 14. Throughout the Comprehensive Plan there is an emphasis on attracting this e f develo ment • commercial/mdustrial development. This is important to the City as typ o p builds a community's tax base and creates more job opportunities. 15. Another fundamental element mentioned throughout the Comprehensive Plan is the need to establish and maintain a positive community image by maintaining the edges. and buffers that define and protect adjacent land uses. 16. Preservation of open spaces is also an important policy and goal of the Comprehensive Plan. 17. The Comprehensive Plan provides that the gravel mining area of the City, which is located along both sides of North Highway 169 and includes the Tiller Property, be guided for future development of commercial and industrial uses. This area of the City is envisioned by the City Council as the future economic engine of the City. The goal is to have this area develop with commercial and industrial uses as the avel is mined out. The tax base enerated b • ~' g Y commercial and industrial development in this area is intended to support the financial viability of residential development throughout the City by making it possible to maintain municipal services without increasing taxes. Although this is very long range planning, and there are not yet timetables for extending public utilities into this area to serve those future uses, this is the vision of the Comprehensive Plan and the City Council for this area of the City. The Tiller Property is also located adjacent to the future Highway 169/221 st Avenue Interchange, which has great potential for future commercial/industrial development. 18. The 2004 Comprehensive Plan was. prepared with the assistance of the planning firm of Hoisington Koegler Group, Inc. (HKGi}. In anticipation of the proposed expansion of the Landfill the City retained HKGi to take a closer look at the potential impacts of an expansion -6- of the Landfill on the gravel mining area of the City.. HKGi's report, the North Highway 169 ed a number of otential im acts related to Land Use Study, dated November 10, 2008, identifi p p an expansion of the Landfill and suggested land use, transportation and aesthetic strategies for addressing these impacts. 19. Following receipt of the 2009 Application to expand the Landfill, the City retained HKGi to take a closer look at the immediate area which would be potentially impacted by a Landfill expansion and ~to analyze the potential financial and fiscal impacts on the City of an expansion of the Landfill. HKGi's report on these issues is dated June 2, 2009, was subsequently updated on June 15, 2009, and was updated again on September 8, 2009. (The HKGi November 10, 2008, June 6,2009, June 15, 2009 and September 8, 2009 reports are hereafter collectively referred to as the "HKGi reports.") 20. The HKGi reports projected potential significant impacts of the proposed 2009 Landfill ex ansion on economic develo ment in this area ofthe Ci and on future tax revenues P P tY generated from the Tiller Property and the surrounding area. 21. It was the conclusion of the City Council that the proposed 2009 expansion of the Landfill would inevitably have a long term negative impact on economic development within and tax revenue generated by at least a portion of the North Highway 169 area of the City, in particular the Tiller Property and the area immediately surrounding the Tiller Property, and that the expansion of the Landfill proposed in 2009 was not consistent with the City's policies and goals as reflected in the City's Comprehensive Plan and the work of its Economic Development Authority, Housing and Redevelopment Authority, Planning Commission and City Council. 22. The City Council further found that the 2009 proposed expansion of the Landfill would prevent future development of the Tiller Property, which would have .been almost -7- completely filled with Mixed Solid Waste, and could discourage the type of high quality commercial/industrial development which the City is seeking for the important area of the City immediately surrounding the Tiller Property, including the critical area around the future interchange at Highway 169 and 221st Avenue. 23. The City Council also recognized that there are some positive economic impacts related to the Landfill, including the fees which the City collects from the Landfill and the business which ERL does with local residents and businesses, and that ERL and WMI have been excellent corporate citizens and have made every effort to mitigate the impacts of the Landfill on the City. 24. The City Council fmds that the 2011 Application addresses the concerns which caused the 2009 Application to be denied, because: a. The 2011 Application commits to an expansion of no more than 3 I.8 acres and r vide t t E er p o s ha RL and WMI will forever waive their right to pursue any forth Landfill expansion in the City. This is significant because it preserves over 60 acres of land at the future interchange of Highway 169 and 221st Avenue for future development. This will preserve the opportunity to generate tax base from this area and address the negative economic impacts which caused the 2009 Application to be denied. b. The 2011 Application commits to a closure date for the Landfill of no later than December 31, 2030. This is significant because it sets an absolute deadline for when negative impacts on the City related. to operation of the Landfill will end. c. The 2011 Application provides for an Expansion Fee which will assist in offsetting the negative economic and other impacts of the Landfill on the City. • -8- d. The 2011 Application provides for execution by ERL, WMI and/or Tiller • ere will be no further ex ansion of the of a restrictive covenant which will ensure that th p Landfill. e. The 2011 Application provides appropriate screening of the Landfill, including a landscaped berm along 221st Avenue which will help replace the screening effect of the existing vegetation which will be removed for expansion of the Landfill. f. The 2011 Application provides for ERL to .allow public access along the railroad trail north of the City limits. g. Approval of the 2011 Application will resolve pending litigation with ERL, WMI and Tiller. 25. The City Council finds that the commitments by ERL identified in Paragraph 24 immediately above, which address the impacts which caused the 2009 Application to be denied, • throu h a ro osed A Bement for Issuance of an Amended are incorporated m and enforced g p p gr Conditional Use Permit (CUP), to be approved concurrently with approval of the comprehensive plan amendment and rezoning for the 2011 expansion; and that execution of the CUP by ERL is necessary to sustain the findings set forth in this Resolution for approval of the 2011 Application. 26. It is the City Council's conclusion, from all of the evidence submitted and the testimony taken, that: (1) The 2011 Application addresses the impacts and concerns which caused the 2009 Application to be denied, provided that the CUP is executed and becomes effective; (2) The 2011 Application meets the standards and requirements of state law and the City Code of Ordinances for amendment of the City's Comprehensive Plan, provided that the CUP is executed and becomes effective; and • -9- (3) Amendment of the Land Use Map Element of the City's Comprehensive Plan to expand the area of the City designated for Landfill into 33 acres of the Tiller Property is consistent with the policies and goals of the City's Comprehensive Plan and is in the best interest of the City, its residents and its taxpayers, provided that the CUP is executed and becomes effective. DECISION THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the Application to amend the Comprehensive Plan of the City of Elk River to redesignate 33 acres of the Tiller Property from Mining to Landfill: A. All of the reports and materials prepared by City Staff and City Consultants, as well as the Findings of Fact and Recitals set forth in 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 ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. C. The Application of ERL to amend the Land Use Map Element of the City of Elk River 2004 Comprehensive Plan to redesignate the 33-acre area identified on Exhibit A attached to this Resolution from the Land Use category "Mining" to the Land Use category "Landfill" is hereby granted, on condition that: (1) ERL provides City with written documentation of ownership of the real property described on Exhibit A attached hereto; • • • -10- • (2) ERL executes the Agreement for Issuance of Amended Conditional Use Permit approved by action of the City Council on this date; (3) The Agreement for Issuance of Amended Conditional Use Permit becomes effective by it's terms; (4) ERL executes a stipulation for dismissal of the case filed in Sherburne County District Court, now known as ERL I; the Appellants have withdrawn their appeals to the Minnesota Court of Appeals in the matters known as ERL I, II and IV; and all parties to the ERL I, II and IV litigation have executed mutual releases of all claims arising from that litigation; and (5) ERL executes a covenant in a form acceptable to city providing that no portion ofthe Tiller Property beyond the 27.2-acre fill area approved in the CUP may ever be used for the deposit of Solid Waste. D. The approval granted in this Resolution shall not become effective unless and until the conditions of approval set forth in C. above are fully complied with THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011. • r Tina Allard, City Clerk GP:3041145 v3 J J. D etz, -11- EXHIBIT A • That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. GP:3041145 v3 • • -12-