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"t °f REQUEST FOR ACTION <br />~,lk. <br />River <br />~'o Item Number <br />Ma or and Ci Council 5.3 . <br />Agenda Section Meeting Date Prepared by <br />Community Development October 19, 2009 Rebecca Haug, Environmental <br /> Administrator <br />Item Description Reviewed by <br />Request by Elk River Landfill, Inc. for Conditional Use Lori Johnson, City Administrator <br />Permit and License to Expand the Existing Landfill into 109 Reviewed by <br />Acres of Property Located Immediately South of the Existing Peter Beck, City Attorney <br />Landfill, Case No. CU 09-12 -Public Heari <br />Action Requested <br />Staff and the Planning Commission are recommending to the City Council that the requests for a <br />conditional use permit and license to expand the landfill into the southern development area (SDA) be <br />denied. <br />BackgroundlDiscussion <br />The Elk River Landfill submitted an application for a land use amendment, rezoning, conditional use <br />permit (CUP) and license to allow for an expansion to the south of their existing site. The land use <br />amendment and rezoning requests were acted upon independently of the CUP and License. The request <br />before you is the CUP and License. On September 21, 2009, the request for a land use amendment and <br />rezoning were denied. Because the landfill expansion is a conditional use only in the Solid Waste Facility <br />Overlay Zoning District, and the proposed expansion area has not been rezoned to that district, staff and <br />the Planning Commission are recommending to the City Council that the requests for a conditional use <br />permit and license to expand the landfill into the southern development area (SDA) be denied. <br />Attachments <br />^ Resolution <br />Action Motion by Second by Vote <br />Follow Up <br />S:\Council\Rebecca\ERL CUP 10 19 09.doc <br />