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REQUEST FOR ACTION <br />To Item Number <br />Ma or & Ci Council 6.1. & 6.2. <br />Agenda Section Meeting Date Prepared by <br />Community Development July 6, 2009 Rebecca Haug, <br /> Environmental Admin <br />Item Description Reviewed by <br />6.1. Request by Elk River Landfill, Inc. for Land Use Lori Johnson, City <br />Amendment to change the Land Use of Certain Administrator <br />Property from Mining to Landfill, Public Hearing - Peter Beck, City Attorney <br />Case No. LU 09-01 <br />6.2. Request by Elk River Landfill, Inc. for Rezoning to <br />change the zoning from Al (ME) Agricultural <br />Conservation (Mineral Excavation) to AI (SWF), <br />Agricultural Conservation (Solid Waste Facility), Public <br />Hearin -Case No. ZC 09-01 <br />Item to be discussed at a future meeting <br />Request by Elk River Landfill, Inc. for Conditional Use <br />Permit and License to expand the existing landfill into <br />109 acres of property located immediately south of the <br />existing landfill, Public Hearing -Case No. CU 09-12 <br />Action Requested <br />Hold Public hearings for items noted above. Action on the request is scheduled for July 20; action <br />must be taken by July 28 unless an extension is requested by the applicant. <br />Introduction <br />The Planning Commission reviewed this request at their June 9 and June 23, 2009 meetings. At the <br />June 9 meeting, the applicant and staff presented on the request and then the public hearing was <br />held. Those who spoke at the public hearing were in favor of the request. Please see the attached <br />minutes. The Planning Commission tabled the item to address questions raised by the applicant in <br />regards to the staff report and questions raised by staff and the Planning Commission on the <br />information presented by the applicant. <br />At the June 23 meeting the applicant and staff presented additional information. The Planning <br />Commission discussed the information presented and ultimately, a recommendation was made to <br />deny the request. The motion passed 4-2. The reasons for the denial hinged upon the future loss of <br />revenue if the land use is changed from "mining" to "landfill". If the area is land filled, it will always <br />be a landfill where as if the area is mined out, it can be development. <br />Discussion <br />Please refer to the previously distributed staff reports for a comprehensive review of this project <br />including memos and reports from the city staff, city attorney, and city consultants, as well as from <br />the applicant. <br />