5.3. SR 06-21-2010 - Laserfiche WebLink

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Case bile: CU l(~-08 ERI. CUP Page 2 Cih' of P11: Rig=er West Agriculture/Open Space Rural Residential Al Introduction A~~li~tion~{or 709-acre Ea~an.rion In 2009, Elk River Landfill requested a Land Use Amendment, Zone Change, Conditional Use Permit and Solid Waste Faciitl= License to expand the existing Landfill onto 109 acres of property located immediately south of the Landfill, extending from the southern boundary of the Landfill to 221st Street (the "Southern Development Area"). Following a lengthy public participation process, the City Council adopted a resolution on September 21, 2009, making Findings of Fact and denying the requested Land Use Amendment and Zone Change. A copy of the Staff Report on the Request and the Resolution of Denial are attached for the Planning Commission's reference. On October 19, 2010 the City Council adopted a resolution making Findings of Fact and denying the Landfill's request fox a Conditional Use Permit and Solid Waste Facilities License to e~-pand into the Southern Development Area. A copy of the Staff Report on that request and the Resolution of Denial are also attached for the Planning Commission's reference. CoJaditional Use Permit and Solid T~Iaste Facility L,a'cesa,re - - Following denial of the requested Land Use Amendment and Zone Change, Elk Ri`=er Landfill sued the CitS= in Sherburne County District Court. The Landfill filed a second lawsuit follow=ing denial of the Conditional Use Permit and Solid Waste Facilities License. Sherburne CountST District Judge Robert Varco issued an order in the first lawsuit on Ap~l 2, 2010. Judge Varco has yet to issue an order or decision in the second lawsuit challenging the denial of the Conditional Use Permit and Solid Waste Facilities License to expand into the Southern Development Area. ~t~liration fo~•AmendedlKesae~ed Cosaditional Use Permit and Solid i~a.rte Facility License Because the Landfill's then existing CUP and SWFL e~~pired on February 17, 2010, the Landfill applied on December 28, 2009 for an amendment to the CUP and SWFL which would allow operation of the Landfill to continue beyond February 17, 2010. This application was approved by the Cit3= Council on February 16, 2010. Copies of the staff report, the City Council Resolution and the existing CUP and SWFL, as amended on February 16, 2010 are attached for the Planning Commission's reference. ~~lication to Re~osae to SWrF and ke guide to `2 and~ill" In the course of the litigation, it came to the attention of CitS= staff that due to confusing and possibly conflicting legal descriptions fox the Landfill property, it appeared possible that not all of the Landfill's existing property was zoned into the City's Solid Waste Facilities (SWF) Overlay Zoning District. Therefore, the CitSr initiated a zoning of the entire Landfill property with a new, simplified legal description into the SWF District. On April 19, 2010, the CitS~ Council adopted an S:\Communit}• De~relopment\Planning Main\Case riles\CUP\CU 10-08 Waste Management\Staff report to PC-CU 10-OS.doc