01-0792R

RESOLUTION GRANTING A SPECIAL USE PERMIT TO WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR A SOLID WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY ON PROPERTY LOCATED AT 4587 RIDGEVIEW ROAD.

BY COUNCILOR STENBERG:

        WHEREAS, Western Lake Superior Sanitary District has submitted to the city council a request for a special use permit for a solid waste transfer station and materials recovery facility on city of Duluth property described as the easterly 800 feet of the SW Quarter, Section 31, T51N, R14W, and located at 4587 Ridgeview Road; and said permit application was duly referred to the city planning commission for a study, report, and public hearing; and the city planning commission has subsequently reported its unanimous approval to the city council; and

        WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

        NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Western Lake Superior Sanitary District to operate a solid waste transfer station and materials recovery facility at 4587 Ridgeview Road, on the following conditions:
        (a)     That the facility be developed, operated, and maintained in general compliance with the plans submitted by Barr Engineering, entitled Rice Lake Transfer Station and Materials Recovery Facility, Project No. 23/69-614-CAA, dated 06/05/01, identified as Public Document No. ________; and
        (b)     That the facility maintain perpetual compliance with Minnesota pollution control agency permits.



STATEMENT OF PURPOSE:  This resolution grants a special use permit to Western Lake Superior Sanitary District (WLSSD) for a solid waste transfer station and materials recovery facility on a portion of city of Duluth property located at 4587 Ridgeview Road. This site is presently a portion of the Rice Lake Landfill. WLSSD intends to close the Rice lake Landfill by December 31, 2001, to enter the closed landfill program and transfer liability from WLSSD and the city to the state. WLSSD proposes to construct and operate this waste transfer station at the Rice Lake Landfill site to serve local self-haul customers as a service to the community after the landfill closes.

The planning commission unanimously approved this resolution at its October 2, 2001, meeting. In making this recommendation, the commission considered the following conclusions and findings:

Conclusions:
        (a)     Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this property has been the site of a landfill operation for several decades. Public ownership of all surrounding properties controls future land uses.
        (b)     Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No, the transfer facility has minimal impact compared with the historical uses of the property. Public ownership of all surrounding properties controls future land uses.
        (c)     Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? Compliance with Minnesota pollution control agency operational requirements will protect the specific site and surrounding lands.
        (d)     What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? There are none beyond MPCA requirements.

Findings:
        The planning commission requires that compliance with the ordinance governing the application, Section 50-32, show the following facts, features, or events:
        (a)     Applications shall be referred by the city clerk to the planning commission for study and report. The application was filed on September 14, 2001.
        (b)     A public hearing was held before the planning commission on October 24, 2001.
        (c)     Notice of the public hearing was published on October 5, 12, and 19, 2001, and mailed to all property owners within 350 feet of the subject site on October 12, 2001.
        (d)     Due to state regulatory controls, a performance bond was not recommended.

Date Filed: September 11, 2001
Action Deadline: January 8, 2002