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RESOLUTION NO. 09- 51 <br />A Resolution Denying the Application of Elk River Landfill, Inc. for a <br />Comprehensive Ptan Amendment and Rezoning to Allow Expansion of the Ellc <br />River Landfill <br />WHEREAS, Ella River Landfill, Inc. (ERL), a wholly-owned subsidiaLy of Waste <br />Management, Inc. (WMI), 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 />i <br />~ _ ~-- - <br />'4 Use clap Element of the Comprehensive Plan to Inge the and use designation of the 109- <br />acre SD ~ horn "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 Consei-~Tation (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 CitST of Ella River Planning Commission for the purpose <br />of holding a public hearing and making a recotninendation to the Ella River CitjT Council on the <br />Application; and <br />WHEREAS, the Planning Commission held a public hearing on the Application on June 9, <br />2009, at which time ERL, WMI, Tiller and their consultants were provided as much time as dzey <br />S:\Resolutions\Resolution_Denyin~Application_For_Comp_plan=Amend_aud_Rezoning 2.DOC <br />