RES 11-57RESOLUTION NO. 11-_~L
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City Counc
City of Elk River
A Resolution Approving the Application of Elk River Landfill, Inc. for a Rezoning 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 (the Tiller Property); and
WHEREAS, ERL and Tiller have submitted, on June 27, 2011, a land use application
(Application) to the City requesting:
1. An amendment to the City's 2004 Comprehensive Plan to amend the Land
• lement of the Com rehensive Plan to Chan e the land use desi ation of 33
Use Map E p g ~
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 a 31.8-acre expansion of the
existing Landfill onto the Tiller Property; and
4. A Solid Waste Facilities License to allow the operation of a Landfill
within the 31.8-acre expansion area; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
Code, the Application for an Amendment to the Land Use Map Element of the Comprehensive
Plan, for a Rezoning and for a Conditional Use Permit were referred to the City of Elk River
Planning Commission for a public hearing and recommendation to the City Council; and
WHEREAS, the Planning Commission held a public hearing on the Application on
September 13, 2011, at which time ERL, WMI, Tiller and their consultants were Application 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 September 13, 2011 public hearing; and
WHEREAS, the Planning Commission closed its public hearing on the Application on
September 13, 2011 and adopted resolutions recommending to the Elk River City Council that
the requests for a Comprehensive Plan Amendment, Rezoning and Conditional Use Permit for a
31.8-acre expansion of the Landfill be approved; and
WHEREAS the Elk River Ci 2011 u lic hearin on •
ty Council, on September 19, , held a p b g
the Application and considered the Planning Commission's recommendation; and
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 Application; and
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WHEREAS, after all parties desiring to present testimony and offer evidence for or
he ortunit to do so the Elk River Ci Council closed the
against the Application had had t opp y ty
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
'n of 33 acres to allow a 31.8-acre ex ansion of the Landfill:
rezom g p
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.
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DECISION
T h i until f the Ci of Elk River makes the followin Decision
HEREFORE, t e C ty Co o ty g
with respect to the request to rezone 33 acres of the Tiller Property from A-1(ME} to A-1(SWF):
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 the Land Use .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.
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C. Based on all of the above, the Application to rezone the 33-acre area identified on
Exhibit A to this Resolution from A-1(ME) to A-1(SWF) in order to expand the
Landfill onto 31.8 acres of the Tiller Property is hereby approved, subject to the.
condition that approval of the proposed Comprehensive Plan amendment becomes
effective as provided in the Land Use Resolution. The rezoning approved in this
Resolution shall not be effective unless and until the Land Use Plan amendment is
effective.
THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011.
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Jo J. Die ,May
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Tina Allard, City Clerk
GP:3041148 v2
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EXHIBIT A
That art of the Southwest uarter of Section 3 Townshi 33 Ran e 26 Sherburne Count MN •
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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:3041148 v2
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