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G~..~'~1.~...:~- ~, to °~ e ~ <br />~. <br />~~ <br />RESOLUTION NO. 09- <br />A Resolution Denying the Application of Ellc River Landfill, Ine. for a <br />Comprehensive Plan Amendment and Rezoning to Allow Expansion of the Ellc <br />River Landfill <br />WHEREAS, Ella River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste <br />Management, Inc. (WIv1I), is the owner and operator of the Elk River Landfill (Landfill); and <br />WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is <br />the owner of an approximately 109-acre parcel of land identified as the Southern Development Area <br />(SDA) located immediately south of the existing Landfill; and <br />WHEREAS, ERL and Tiller have submitted a land use application (Application) to the City <br />requesting: <br />1. An amendment to the City's 2004 Comprehensive Plan to amend the Land <br />Use Map Element of the Comprehensive Plan to change the land use designation of the 109- <br />acre SDA from "Mining" to "Landfill"; and <br />2. An amendment to the City of Elk River Zoning Map to rezone the 109-acre <br />SDA from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), <br />Agricultural Conservation (Solid Waste Facility); and <br />WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City <br />Code, the Application was referred to the City of Ella River Planning Commission for the purpose <br />of holding a public hearing and making a recointnendation to the Ella River City Council on the <br />Application; and <br />WHEREAS, the Planning Coizunission held a public hearing on the Application on June 9, <br />2009, at which tune ERL, WMI, Tiller and their consultants were provided as much tune as they <br />S:\Resoludons\Resoluts~on_Den}~ing~Application for_Comp_Plnn_Arnend_and_Rezoning 2.DOC <br />