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Case File: CU 11-12 Page 2 ERL CUP City of Elk River Property") and located immediately to the south of the existing landfill property for a total of 27.2 acres of additional fill area. An additiona113.5 acres of the Tiller Property will be required for the 200 foot buffer area; therefore, 31.8 acres of the Tiller Property will be permitted for Landfill operations. 33 acres of Tiller Property would be reguided from Mining to Landfill and rezoned from AI (ME) to Al (ME) (SWF). This property is currently being mined. The Conditional Use Permit and License will allow 31.8 of these acres to be used for landfill operations. As in past landfill operations, the deposit of waste would follow the completion of gravel mining in a particular cell location moving north to south. The proposal consists of a maximum 27.2 additional acres of lined cells that would be used for the disposal of mixed solid waste (MSW), including 8.9 acres on existing landfill property and 18.3 acres on Tiller Property. This acreage would allow for approximately 4,962,000 cubic yards of additional MSW capacity. Although future waste volumes are difficult to predict with certainty, the Landfill estimates that this expansion would extend the life of the facility to approximately 18 years; however, the Landfill has also agreed that in no event would the life of the facility extend beyond December 31, 2030. Background On March 30, 2009 the Landfill applied for a comprehensive plan amendment, rezoning, Conditional Use Permit and License from the City to allow a 109 acre expansion of the landfill. The Land Use and Zone Change were denied on 9/21 /09 by the City Council and the Conditional Use Permit and License were denied on 10/19/09. Elk River Landfill filed four lawsuits against the City after the applications were denied. The City of Elk River and Elk River Landfill engaged in mediation in April and May 2011 and the outcome of the mediation is an Agreement that the parties approved in June 2011. A copy of that agreement is attached as Exhibit 6. Comprehensive Plan & Rezoning The existing Landfill is currently zoned Al (Agricultural Conservation), ME (Mineral Excavation) and Solid Waste Facility (SWF). The application includes a proposal to rezone and reguide an additional 33 acres to the south of the existing landfill on the Tiller Property from Al (ME) to Al (ME) (SWF). The proposed change does not create a spot zoning instance and is consistent with the adjacent land use on the Tiller Property. Expansion of the Landfill will extend the period of time that the City, its residents and its businesses will benefit from the host fees and other positive economic impacts which ongoing operations at the Landfill generate. The negative impacts associated with an operating Landfill can be mitigated through appropriate regulations and conditions. The long term negative economic impacts identified in the KHGi reports are reduced by the reduction in size of the Landfill expansion. The Landfill could, if expanded and operated appropriately, generate some commercial and industrial development on the remainder of the Tiller Property and in the area generally and some positive economic impacts for the City. Expansion of the Landfill could generate some additional permanent open space in the City for future public benefit. The Planning Commission should consider the N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-12 ER Landfill\Staff report to PC-CU11.doc