3.1. & 3.2. PCSR 06-23-2009 - Laserfiche WebLink

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COMPREHENSIVE PLAN COMPREHENSIVE PLAN AMENDMENT The Applicant's Land Use Application sets forth their opinion that the proposed expansion does not require a land use change, relying in part on the fact that copies of the city's land use map which have been distributed to the public over the past few years have labeled the Tiller-owned Southern Development Area (SDA) as "Elk River Landfill". However, the Land Use Map in the city's 2004 Comprehensive Plan (figure 5-4), clearly designates the existing landfill as "Landfill" and the proposed SDA as "Mining". Changing the designation of the SDA from Mining to Landfill on the Land Use Map requires an amendment to the Comprehensive Plan. Such an amendment must follow the statutory process, including the affirmative vote of four members of the city council. No such amendment has been approved. Therefore, the land use designation of the SDA in the city's comprehensive plan remains "Mining". The fact that copies of the Land Use Map provided to the public incorrectly labeled the SDA as "Elk River Landfill" is of no effect. The Land Use Map cannot be amended through such a clerical error, but only through the statutory process required for a comprehensive plan amendment. Furthermore, the Draft EIS for the landfill expansion, upon which the applicant relies so heavily; clearly states that, "As part of this landfill expansion project, a request to expand the landfill designation to include the project site will be required." There is no question that the Comprehensive Plan must be amended through the process required by statute for expansion of the landfill to proceed. COMPREHENSIVE PLAN CONSISTENCY The merits of the proposed comprehensive plan amendment are a separate issue from the need for a comprehensive plan amendment. One of the issues for the Planning Commission and City Council to consider in weighing the merits of the proposed comprehensive plan amendment is the consistency of the proposed amendment (amending the Land Use Map to change the designation of the 109 acre SDA area from Mining to Landfill) with the balance of the Comprehensive Plan. The applicant has discussed at length in its application materials and presentations to the planning commission its arguments as to why the proposed expansion of the landfill is consistent with the city's Comprehensive Plan. The city staff has set forth its analysis of these arguments, the factors for the Planning Commission and the City Council to consider, and staff s concerns regarding consistency of the proposed expansion with the Comprehensive Plan. The Planning Commission should weigh all of this information carefully when considering whether to recommend that an amendment to the Comprehensive Plan to amend the Land Use Map be approved.