5.1. PCSR 04-13-2010~/
Elk REQUEST FOR ACTION
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River
To Item Number
Pl Commission 5.1.
Agenda Section Meeting Date Prepared by
Plannin Items ril 13, 2010 Rebecca Ha , Envirorlmental Admin
Item Description Reviewed by
Request by the City of Elk River to zone certain property Lori Johnson, Ci Administrator
Mineral Excavation (ME) overlay and Solid Waste Facility Reviewed by
(SWF) overlay- Public Hearing, Case No. ZC 10-05 Peter Beck, Ci Attome
Action Requested
Staff supports a Planning Commission recommendation to zone the subject property as presented.
Background/Discussion
The City's Zoning Ordinance was amended in 1986 to create the Solid Waste Facilities OverlayZoning
District. Two years after adoption of the SWF Overlay District, Elk River Landfill applied for rezoning
to the Solid Waste Facility OverlayDistrict and approval of a CLIP for a Solid Waste Facility. The CLIP
for the Landfill has been renewed and/or amended numerous times since the original approvals in 1988.
The legal descriptions for the area zoned to the SWF Overlay District were provided bythe Landfill.
The legal descriptions covered several parcels and almost two pages of text. The City's assumption at
the time these descriptions were provided, and over the course of time since then, has been that the
legal descriptions provided bythe Landfill for the zoning, as well as legal descriptions provided in
connection with the CUP renewals and amendments over the years, covered the entire Landfill property.
We assumed the Landfill also made that assumption, and did not intentionally seek approval of
Conditional Use Permit amendments and renewals for areas outside the SWF OverlayDistrict.
Recently, in connection with litigation commenced by the Landfill against the City as a result of the
denial of the Landfill's application to expand onto the Tiller property, the Landfill is taking the position
that their entire property is not within the SWF OverlayDistrict. The Landfill has submitted maps
attempting to show that the Landfill Overlay District runs along a section line and does not extend west
to the right of wayfor the Citytrail. If this were true, the Landfill has deposited solid waste outside the
SWF Overlay District, which is illegal under the City's Zoning and SWF Ordinances.
Staff has reviewed the legal descriptions provided at the time of the zoning to the SWF OverlayDistrict
and determined that most, if not all, of the area in question does fall within the legal descriptions and is
within the SWF OverlayDistrict -notwithstanding the location of the zoning district line on some
versions of the City's zoning maps over the years. Nevertheless, in order to eliminate the possibility of a
gap, staff is recommending that the entire Landfill property is zoned SWF OverlayDistrict. Staff has
prepared a new legal description for the property to be zoned which is a simple, straight forward legal
S:\CommunityDeveloptneiu\Plaruiing Main\Case Files\ZC\ZC 10-05 Elk River Landfill\ZC to PC 413.doc
description that clearly covers the entire Landfill property. This property is located south of the City's
northern boundary, north of the Tiller property and between the City trail and Highway 169.
Financial Impact
None
Attachments
Comprehensive Plan Land Use Map
Area to be zoned
Analysis
Adoption of an Ordinance zoning the entire Landfill property into the SWF and Mineral Excavation
Overlay Districts will eliminate the possibility of any gaps in the zoning districts; will eliminate potential
for illegal deposits of solid waste outside of the SWF Overlay District, and will ensure that the zoning of
the Landfill property is consistent with the Comprehensive Plan designation of the property as
"Landfill". For these reasons, staff recommends that the Planning Commission recommend to the City
Council that an Ordinance be adopted zoning the property described on the attached legal description
Solid Waste Facility and Mineral Excavation Overlay District.
The alternative is to adopt the Landfill's position regarding the location of the SWF Overlay District and
to commence a zoning and enforcement action against the Landfill for deposition solid waste outside of
the SWF Overlay District.
Recommendation
Staff recommends zoning the property as presented.
Action Motion by Second by Vote
Follow Up
S:\CommuniryDevelopmern\Planning Main\Case Files\ZC\ZC 10-05 E1kRiverLandfill\ZCto PC 413.doc
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