5.1. PCSR 05-11-2010aty or
Elk.
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Plannin Items Ma 11, 2010 Rebecca Hau ,Environmental Admin
Item Description Reviewed by
Request by the City of Elk River to amend the Land Use Map Lori ohnson, Ci Administrator
element of the Comprehensive Plan to designate certain Reviewed by
property as "Landfill" -Public Hearing, Case No. LU 10-0 Peter Beck, Ci Attorne
Action Requested
Staff supports a Planning Commission recommendation to amend the Land Use Map element of the
City's Comprehensive Plan to designate the land use of the property described on the attached Notice of
Public Hearing as "Landfill" -Case No. LU 10-01.
Background/Discussion
The City of Elk River's current Comprehensive Plan was adopted on August 16, 2004. The Land Use
Plan element of the Comprehensive Plan designates most of the property owned by Elk River Landfill
as "Landfill." However, in the southeast corner of the Landfill property there is a small area that is not
included in the Landfill designation. This request is to correct the map and to include the entire Landfill
property in the area designated in the current Comprehensive Plan as "Landfill".
On April 19, 2010 the City Council adopted an ordinance zoning the entire Landfill property into the
Solid Waste Facility (SWF) Overlay Zoning District and the Mineral Excavation (NIE) Overlay District.
A copy of that ordinance is attached for the Planning Commission's review. In connection with the
zoning into the SWF and ME Overlay Districts, it came to the attention of staff that the Land Use Map
element of the Comprehensive Plan does not include the entire Landfill property in the "Landfill"
designation. In order to correct the Land Use Map and to ensure that the property designated as
"Landfill" on the Comprehensive Plan is identical to the property zoned SWF, staff is recommending
that the Planning Commission recommend that the City Council adopt a resolution designating the
property described on the attached Notice of Hearing as "Landfill".
Financial Impact -None
Attachments
• Current Comprehensive Plan Land Use Map
• Area to be Designated as Landfill
• Notice of Hearing
• Ordinance No. 10-
• Proposed Resolution
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Analysis
In order to ensure that the Landfill property designated as "Landfill" on the Land Use Map element of
the City's Comprehensive Plan is identical to the Landfill property zoned SWF and ME Overlay, staff
recommends that the Planning Commission recommend that the City Council adopt a resolution
amending the Land Use Map to designate the property described in the attached Notice of Hearing as
"Landfill" on the Land Use Map.
Recommendation
Staff recommends amending the Land Use Map element of the Comprehensive Plan to designate the
described property as "Landfill". A proposed form of Resolution is attached.
Action Motion by Second by Vote
Follow Up
C:\Users\dhuebner\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLK87E4\LU to PC 5-11 (5).doc
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CITY OF ELK RIVER
NOTICE OF PUBLIC HEARING
The Elk River Planning Commission will conduct a public hearing on Tuesday, May 11, 2010 at 6:30 p.m.
at Elk River City Hall, 13065 Orono Parkway, to consider a request by the City of Elk River to amend the
Land Use Map element of the City's Comprehensive Plan to designate the land use as Landfill, the future
land use of the property identified below which is currently owned by Waste Management and operated as
Elk River Landfill, Case No. LU 10-01.
The Elk River City Council will also conduct a public hearing concerning this matter Monday, May 17,
2010 at 6:30 p.m. at Elk River City Hall, 13065 Orono Parkway.
The property is described as:
That part of the NW 1/a of Section 3, Township 33, Range 261ying west of U.S. Highway 169; and
That part of the SW 1/a of Section 3, Township 33, Range 261ying west of U S. Highway 169 and north of
a line 525 feet south of and parallel to the north line of said SW'/a; and
That part of the NE i/ of Section 4, Township 33, Range 26 lying east of the Great Northern Railway;
and
That part of the SE 1/a of Section 4, Township 33, Range 261ying east of the Great Northern Railway and
north of a line 525 feet south of and parallel to the north line of said SE 1/a, Sherburne County,
Minnesota.
The described property includes the following Parcel Identification Numbers: 75-103-2100, 75-103-2105,
75-104-1102 and 75-103-2400.
As part of the review process for requests of this nature, we attempt to notify all property owners at least
350 feet in distance from the subject property. The tax records from the Sherburne County Auditor's
Office indicated that you own property within ox near the 350-foot requirement.
All interested persons are invited to attend the public hearing to express their questions and/or
comments. Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Tina Allard, City Clerk, at 635-1000 by May 7, 2010.
If you would like information regarding the above-described public hearing notice, please call Elk River
City Hall at 635-1000.
Jeremy Barnhart, Planning Manager
Ordinance No. 10- 05
CITY OF ELK RIVER
An Ordinance of the City of Elk River zoning certain property into the Solid
Waste Facilities Overlay Zoning District and the Mineral Excavation Overlay
Zoning District.
FINDINGS OF FACT
The City Council of the City of Elk River makes the following Findings of Fact:
1. The City of Elk River Solid Waste Facilities Ordinance (SWF Ordinance)
was initially adopted in 1986.
2. The Elk River Landfill (Landfill) was subsequently zoned into the Solid
Waste Facilities Overlay Zoning District and a conditional use permit (CUP) for the
Landfill was initially approved in 1988.
times.
3. Since 1988, the CUP for the Landfill has been renewed and amended 10
4. The legal descriptions of the area to be zoned into the SWF Overlay
District and the area to be covered by the CUP for the Landfill were provided by the
Landfill. The legal descriptions covered several parcels and almost two pages of text.
The City has always assumed that the descriptions provided by the Landfill covered the
entire Landfill property.
5. In connection with the recent litigation regarding 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 Overlay District. 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.
6. In order to eliminate the possibility of a gap in the SWF zoning of the
Landfill property, to implement the intent that the entire Landfill property be zoned SWF
Overlay District, and to bring the Landfill into compliance with the City Zoning and
SWF Ordinances, the City has determined to zone the entire Landfill property into the
SWF Overlay District and the ME Overlay District
1
ORDINANCE
THEREFORE, the City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That the property described as follows shall be zoned into the Solid Waste
Facilities Overlay Zoning District and the Mineral Excavation Overlay Zoning District:
That part of the NW '/a of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169; and
That part of the SW '/4 of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169 and north of a line 525 feet south of and parallel to the north line of
said S W I/a; and
That part of the NE '/a of Section 4, Township 33, Range 26 lying east of the
Great Northern Railway; and
That part of the SE '/4 of Section 4, Township 33, Range 26 lying east of the Great
Northern Railway and north of a line 525 feet south of and parallel to the north
line of said SE 1/4, Sherburne County, Minnesota.
Section 2. That this Ordinance shall take effect upon publication as provided by law.
2010.
Passed and adopted by the City Council of the City of Elk River on April 19,
CITY OF ELK RIVER
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1
By: ~ _. ~~~u , f~'°°-
Steph nie Klinzing
Its: Mayor
Tina Allard
Its: City Clerk
GP:2764608 vl
2
Resolution No. 10-
CITY OF ELK RIVER
A Resolution of the City Council of the City of Elk River Amending the Land
Use Map Element of the City of Elk River 2004 Comprehensive Plan to designate
certain property within the City as "Landfill."
FINDINGS OF FACT
The City Council of the City of Elk River makes the following Findings of Fact:
1. The City of Elk River 2004 Comprehensive Plan was adopted on August
16, 2004. The Land Use Map element of the Comprehensive Plan includes the land use
designation of "Landfill." Most, but not all, of the existing Elk River Landfill is
designated on the Land Use Map as "Landfill."
2. On April 19, 2010, the City Council adopted Ordinance No. 10- ,
which zones the entire Elk River Landfill into the Solid Waste Facilities (SWF) Overlay
Zoning District and the Mineral Excavation (ME) Overlay Zoning District.
3. In order to ensure that the area designated as "Landfill" on the Land Use
Map is identical to the area zoned SWF and ME in Ordinance No. 10- it is
necessary to amend the Land Use Map element of the August 16, 2004 Comprehensive
Plan to designate the area described below as "Landfill."
RESOLVED
THEREFORE, the City Council of the City of Elk River hereby resolves as
follows:
That the Land Use Map Element of the 2004 City of Elk River Comprehensive Plan shall
be amended to designate the property described as follows as "Landfill":
That part of the NW '/a of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169; and
That part of the SW '/a of Section 3, Township 33, Range 26 lying west of U.S.
Highway 169 and north of a line S2S feet south of and parallel to the north line of
said SW ''/a; and
That part of the NE `/a of Section 4, Township 33, Range 26 lying east of the
Great Northern Railway; and
That part of the SE'/a of Section 4, Township 33, Range 26 lying east of the Great
Northern Railway and north of a line S2S feet south of and parallel to the north
line of said SE '/a, Sherburne County, Minnesota.
Passed and adopted by the City Council of the City of Elk River on May 17, 2010.
CITY OF ELK RIVER
By:
Stephanie Klinzing
Its: Mayor
By:
Tina Allard
Its: City Clerk
GP:2764608 v2
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