5.4. SR 05-17-2010 - Laserfiche WebLink

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• An aerial photo showing Final Cover Grades, dated October 2001. ® A colored version of Final Cover Grades, dated October, 2001. ® A Cross Section showing the proposed grade changes, dated October, 2001. • A landscape plan, dated November 1S, 2001. Review of Issues Specific to the Request A Shoreland District -For over a year, the Ellc River Landfill has struggled to gain approval of an expansion to their demolition debris disposal area in Livonia Township, which still has not been approved. One of the issues that surfaced with this request is that Sherburne County zoning requires landfill's to be located in industxial zones, Apparently, industrial uses are not allowed within the Shoreland District of a Natural Environment Lake under Minnesota Rule 6120.3200. Rice Lake, ad}acent to the west of the Landfill, is a Natural Environment Lake. The Shoreland District for a Natural Environment Lake is 1,000 feet from the ordinary high water mark, therefore, industrial uses are not allowed within 1,000 feet of Rice Lake. The property included in the Landfill's request in front of the City of Elk River also falls within the Shoreland District far Rice Lake. As defined by the city's Shoreland Management Ordinance (adopted from the state's Model Shoreland Ordinance) an industrial use is: "The use of land or building for the production,manufacture, zeaarehousin~ storage, ortransferofgoods, prodauxs, comnzoditie,~ orother wholesale items. " Landfilling does not necessarily fit this definition. Unlike Sherburne County, the City of Elk River does not require that landfills be located in industrial zones. The Legislature of Minnesota has delegated responsibilitytathc local governments of the state to regulate the subdivision, use and development of the shoreland of public waters (M.S. 462). The city previously zoned the Landfill's property to Solid Waste Facility Overlay Zoning District, in which landfills axe a condition use. Section 904.06 (2) (B) of the city's Shoreland Management Ordinance states: "All Permitted, Conditional andProhibited Usesasspecified by theapplicableunderlying Zoning District shall apply". ~~ The Sh1 `oreland Management Ordinance does not so much dictate what land uses go where, but rather how land uses affect the public water. The publication A 1istrict states; "Zoning controls regulate the location of underlying land uses. The shoreland standardsfocusprimarilyon themannerof useC.~ dimensionalstandards)toreduce thepotentially harmful effects on thepublicwdterofozc~r~raaceelingandpaorlyplanneddevelopmentofshoreland areas, to maintain property values, and to preserve the natural characteristics oftheshorelandand adjacent water areas ". Landfills are an interim use, similar to mining activities, which are allowec~~in the Shoreland District of a Natural Environmental Lalce. If done appropriately, in the long term the Landfill will be a grassy slope with no negative affect on Rice Lake. In addition to the normal seven standards for reviewing a conditional use permit found