5.3. SR 06-21-2010 - Laserfiche WebLink

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REQUEST FOR ACTION To Ma r & Ci Council Item Number J, c}, Agenda Section Meeting Date Prepared by Planning May 17, 2010 Rebecca Haug, Environmental Admin Item Description Reviewed by Request by Elk River Landfill to amend Conditional Use Permit Lori Johnson, City and Solid Waste Facility License to allow an approximately 13- Administrator acre expansion of the existing Landfill by developing the existing Peter Beck, City Attorney 200-foot buffer zone on the south side of the Landfill for the de osit of Munici al Solid Waste ~ - CU 10-08 Action Requested Planning Commission recommends denial to the City Council to amend the existing Conditional Use Permit (CUP) and Solid Waste Facility License (SWFL) for the Landfill to allow an approximately 13-acre expansion of the Landfill by developing the existing 200-foot buffer zone on the south side of the Landfill for the deposit of Solid Waste. Introduction lication~or 109-acre Ea~ansion In 2009, Elk River Landfill requested a Land Use Amendment, Zone C~iange, Conditional Use Permit and Solid Waste Facility 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 City Council's reference. On October 19, 2009 the City Council adopted a resolution making Findings of Fact and denying the Landfill's request for a Conditional Use Permit and Solid Waste Facilities License to expand into the Southern Development Area. A copy of the Staff Report on that request and the Resolution of Denial are also attached for the City Council's reference. Following denial of the requested Land Use Amendment and Zone Change, Elk River Landfill sued the City in Sherburne County District Court. The Landfill filed a second lawsuit following denial of the Conditional Use Permit and Solid Waste Facilities License. Sherburne County District Judge Robert Varco issued an order in the first lawsuit on April 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.