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Case File: CU 10-08 ERL CUP Page 2 City of Elk River West Agriculture/Open Space Rural Residential Al Introduction AbzSlication for 109-acre Exbansion In 2009, Elk River Landfill requested a Land Use Amendment, Zone Change, 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 Planning Commission's reference. On October 19, 2010 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 Planning Commission's reference. Conditional Use Permit and Solid i~aste Facility License 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. ~1~1i~ cation forAmended/Keneaved Conditional Use Permit and Solid i~aste Facili License Because the Landfill's then existing CUP and SWFL expired on February 17, 2010, the Landfill applied on December 28, 2009 for an amendment to the CUP and SWFL which would allow operation of the Landfill to continue beyond February 17, 2010. This application was approved by the City Council on February 16, 2010. Copies of the staff report, the City Council Resolution and the existing CUP and SWFL, as amended on February 16, 2010 are attached for the Planning Commission's reference. ~t~lication to Begone to SI-VF and Be guide to `2and~ill" In the course of the litigation, it came to the attention of City staff that due to confusing and possibly conflicting legal descriptions for the Landfill property, it appeared possible that not all of the Landfill's existing property was zoned into the City's Solid Waste Facilities (SWF') Overlay Zoning District. Therefore, the City initiated a zoning of the entire Landfill property with a new, simplified legal description into the SWF District. On April 19, 2010, the City Council adopted an S:\Communiry Development\Planning Main\Case Files\CUP\CU 10-08 Waste Management\Staff report to PC-CU 10-O8.doc