RES 11-56 - Laserfiche WebLink

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d. The 2011 Application provides for execution by ERL, WMI and/or Tiller • ere will be no further ex ansion of the of a restrictive covenant which will ensure that th p Landfill. e. The 2011 Application provides appropriate screening of the Landfill, including a landscaped berm along 221st Avenue which will help replace the screening effect of the existing vegetation which will be removed for expansion of the Landfill. f. The 2011 Application provides for ERL to .allow public access along the railroad trail north of the City limits. g. Approval of the 2011 Application will resolve pending litigation with ERL, WMI and Tiller. 25. The City Council finds that the commitments by ERL identified in Paragraph 24 immediately above, which address the impacts which caused the 2009 Application to be denied, • throu h a ro osed A Bement for Issuance of an Amended are incorporated m and enforced g p p gr Conditional Use Permit (CUP), to be approved concurrently with approval of the comprehensive plan amendment and rezoning for the 2011 expansion; and that execution of the CUP by ERL is necessary to sustain the findings set forth in this Resolution for approval of the 2011 Application. 26. It is the City Council's conclusion, from all of the evidence submitted and the testimony taken, that: (1) The 2011 Application addresses the impacts and concerns which caused the 2009 Application to be denied, provided that the CUP is executed and becomes effective; (2) The 2011 Application meets the standards and requirements of state law and the City Code of Ordinances for amendment of the City's Comprehensive Plan, provided that the CUP is executed and becomes effective; and • -9-