5.3. SR 06-21-2010 - Laserfiche WebLink

Home Browse Search

Case File: CU 10-09 Page 2 Tiller CUP Ciryof E1kRiver within the buffer zone shall be provided for during the construction, operation, and be included in the end use plan to be submitted for approval by December 31, 2011 bythe City. On February 22, 2010, Elk River Landfill, Inc. and Tiller Corporation filed separate applications to amend their existing CUP's to allow expansion of mining and landfilling activities within the 200 foot buffer zone on the southern boundary of the Landfill property. The Planning Commission considered the Landfill's request to expand into the buffer zone on May 11, 2010, and the City Council subsequently denied this request on May 17, 2010. Copies of the staff reports to the Planning Commission and City Council, and the City Council Resolution denying the Landfill's request are attached. Tiller's request was held for consideration after the Council's decision on the Landfill's request, because a decision on the Landfill's request is relevant to consideration of Tiller's request. Tiller's request before the City Council at this time is to amend Condition No. 3(20) of its 1996 CUP to allow removal of trees and mining within the buffer area that is within 200 feet of the Landfill's south property line. Analysis Tiller's application to remove the trees and mine the Landfill's 200 foot buffer zone was submitted with the Landfill's application to expand in the buffer zone. The Landfill's application was denied by the City Council on May 17, 2010. This means that Condition No. 3 in the Landfill's CUP, which requires that the preservation of trees within the buffer zone shall be provided for in the construction, operation and end use plan for the Landfill, remains in effect. Therefore, Tiller could not remove the trees and mine the buffer zone without violating the Landfill's CUP. In addition, removal of the existing, mostly native, buffer area on the southern edge of the Landfill, including the removal of several hundred mature native trees in the buffer area, would have a significant impact on the visibility of landfill operations from 221st Avenue and surrounding residential areas. Mining the buffer zone would also greatly alter the final contour plan for the landfill as currently approved. The existing 200 foot buffer was put in place to provide adequate screening and distance between landfill activities and the propertyto the south to help protect land values and limit impacts to future uses of those areas. Landfill Letters: Counsel for the Landfill has submitted two letters directlyto the City Council addressing the application to amend Tiller's conditional use permit. These letters include numerous inaccurate and/or misleading statements which staff feels the need to address, as follows: June 11, 20101etter: • First paragraph, third and fourth sentences, which read: "Setting aside ERL's landfill expansion requests, ERL needs to immediately expand a new cell within the existing landfill property but outside of the buffer area. To do so, Tiller needs, consistent with the parties' standard practice since 1996, to first mine the buffer area as soon as possible." N:\Departments\Comm„nityDevelopment\Plannuig\Case Files\CUP\CU 10-09 Tiller Corp\Staff report to CGCU 10-09.doc