RES 09-056RESOLUTION N0.09- 56
City Council
City of Elk River
.A esoiution den in the ,A lication of Ei diver Landfili Inc, for a Bondiionai Use
Permit are License to Allow Ex ansion of the ~I diver Landfill
WHEREAS, Elk River Landfill, Izac, ~ERL}, a wholly-awned 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 1 ~9~acre pa~•cel of land identified as the Southern Development
Area USDA} located immediately south of the existing Landfill; and
WHEREAS, ERL and Tiller have submitted a land use application Application} to the
City requesting;
1. An amendment to the City's 2004 Comprehensive Plan to amend the Land
Use Map Element of the Comprehensive Plan to change the land use designation of the
1 a9-acre SDA from "Mining" to "Landfill"; and
2. An amendment to the City of Elk River Zoning Map to rezone the 109p
acre SDA from A- I MME}, Agricultural Conservatian Mineral Excavation}, to Ad 1 ~SWF},
Agricultural Conservation Solid Waste Facility}; and
3, A Conditional Use Permit SCUP} to allow expansion of the existing
Landfill into the SDA; and
4, A License to allow the operation of the Landfill in the SDA; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
Code, the requests far an Amendment to the Land Use Map Element of the Comprehensive Plan
and for a Rezoning were referred to the City of Elk River Planning Commission for a public
hearing and recommendation to the City Council; and
WHEREAS, the City Council considered the requests for a Comprehensive Plan
Amendment and rezoning at meetings held on duly 6, August 17, September 14 and September
21, 2009; and
WHEREAS, at its regularly scheduled meeting on September 21, 2009, the City Council
adopted City Council Resolution No, 0951, which denies the ~•equests for an Amendment to the
Land Use Map Element of the Comprelensive Plan and for a Rezoning; and
WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City
Code, the requests by ERL and Tiller for a CUP and License were 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 requests; and
WHEREAS, the Planning Commission held a public hearing on the requests on
October 13, 2009, at which time ERL, wMI, Tiller and their consultants were provided as much
time as they desired to present the requests and all information and data they desired in support
of the Application; and
WHEREAS, the Planning Commission tool{ testimony from all members of the public
who desired to speak at the Octobex• 13, 2009 public hearing; and
WHEREAS, the Planning Con~missian closed its public hearing on the requests on
October 13, 2009 and adopted a resolution recommending to the Ell{ River City Council that the
requests for a Conditional Use Permit and License for expansion of the Landfill into the S]~A be
denied; and
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WHEREAS, the Elk River City Council, on October 19 2009, held a public hearing on
the requests and considered the Planning Commission's recommendation; and
WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the
October 19, 2009 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 October 19, 2009 were accepted into the
record; and
WHEREAS, during the October 19, 2009 public hearing, the City Council discussed the
merits of the requests and tools into consideration its prior action on September 21, 2009; and
WHEREAS, after all parties desiring to present testimony and offer evidence for or
against the requests for a CUP and License had had the opportunity to do so, the Elk River City
Council closed the public hearing on the requests, continued its discussion of the requests, and
reached the decision incorporated in this resolution; and
WHEREAS, ERL has agreed in writing to an extension of the City's time deadline for
acting on the requests for a CUP and License under Minnesota Statutes, Section 15,99 to
November 20, 2009,
NOW, THEREFORE, the City Council of the City of Elk River makes the following
Findings of Fact and Decision with respect to the requests of ERL, 'WMI, and Tiller for a
Conditional Use Permit and License to allow expansion and operation of the Landfill in the
SDA;
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FINDINGS CF FACT
~ . The City Council adopts by reference each and every o~ae of the Findin s of Fact
g
numbered 1 through 34, set forth in City Council Resolution No, 09-5 1,
~. In addition, the City Council finds:
~a} That the Landfill is a Solid waste Facility, as that term is defined in the
Ells River City Code of Grdinances,
fib} That Solid waste Facilities are only allowed, as a conditional use, within
the City's Solid waste Facilities Overlay Zoning District.
~c} That the SDA is not within the City's Solid waste Facilities overlay
Zoning District;
~d} That a license to operate a Solid waste Facility can only be issued to a
facility which is located within the Solid waste Facility Gverlay District
and which has received a conditional use permit to operate;
fie} That the Landfill has a valid, existing conditional use permit and license to
operate a Solid waste Facility on the existing Landfill property,
~~ That denial of a CUP and License to expand the Landfill onto the SDA
does not affect the existing conditional use permit and license for the
Landfill, which remain in force and effect and which cannot be and are not
amended in any way or manner by these proceedings regarding the
Application to expand into the SDA,
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DECISION ~N CaNDITICNAL USE PERMIT
THEREFORE, the City Council of the City of Ells River males the following Decision
with respect to the request for a Conditional Use Permit to expand the Landfill into the SDA;
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 City Council Resolution No.
09p51 and this Resolution, a~•e 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 tlae 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. Based on all of tlae above, and in particular on the fact that the SDA is not within
the City's Solid 'haste Facilities overlay Zoning District, which is required for
the approval of a CUP for a Solid haste Facility, the request of ERL for a
Conditional Use Permit to expand the Landfill into the 1 o9~acre Southern
Development Area is hereby denied,
DECISION DN LICENSE
The City Council of the City of Elk River further makes the following Decision With
respect to the request of ERL for License to operate a Solid haste Facility in the 1 o9~acre
Southern Development Area;
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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 City Council Resolution No,
09-5 l and 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,
VL~IVII, Tiller and their consultants, and all testimony received from the public as
of the date of this resolution.
C, Based on all of the above, and in particular on the fact that the SDA does not have
the necessary land use approvals for operation of a Solid Waste Facility, the
request fo~• a license to operate a Solid Waste Facility in the SDA is denied,
THIS RES4LUTIUN PASSED ,AND ADOPTED this 19th day of Uctober, 2009.
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Tina Allard, City C~lerl~
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