5.1. PCSR 06-08-2010 - Laserfiche WebLink

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Case File: CCJ 10-08 ERL CCII' Page 4 Catyof E1kRiver Matt Ledvina, the City's Environmental Consultant, has reviewed the application materials and concluded that from an overall engineering standpoint the design of the proposed Cell 18 and the 200 foot expansion into the buffer area are feasible. However, he has identified several issues regarding the proposed expansion. Below are issues identified by City staff and consultants that should be addressed in the deliberation of this application: (1) Engineering and Construction Details. The application materials lack a number of details, including engineering and construction details related to the leachate management system, a detailed storm water management plan, design details for the Landfill gas system, and others. If the City Council were to approve the requested amendment to the Conditional Use Permit, additional detail in several of these areas would be required as outlined in Mr. Ledvina's report, which is attached as an exhibit. (2) 200 Foot Buffer Zone. The State regulations governing the Landfill (Minn. Rules Part 7035.2815, subd. 5(C)), the Elk River City Code of Ordinances (Sections 58-100(6) and 58-171(8)), and the Landfill's existing Conditional Use Permit (Section 3), all require that a 200-foot buffer zone be located on landfill property around the perimeter of the waste deposit area. The State regulation provides that "Any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the commissioner based on existing filling procedures, existing site structures, the facility design, compliance boundaries, and existing land restrictions." Minn. R. 7035.2815, subp. 5(C). The Landfill submitted no evidence with its application that it has acquired any right from the adjoining landowner to the south that would change the property line so as to put the state-mandated buffer zone on their property. Gn May 14, 2010, the City received an email from Michael Caron of Tiller Corporation conveying a letter dated May 14, 2010, from Steven Sauer of Capital Land Group, LLC, and owner of the property, stating "agreements and arrangements are in place that will allow Elk River Landfill, Inc. to acquire the necessary property from us for their expansion requests." However, the State regulation requires that the fill area be at least 200 feet from the nearest property line. We do not know whether the "agreements and arrangements" referenced by Mr. Sauer move the property line 200 feet from the proposed fill area and bring the proposed expansion into compliance with the State regulation. If the City Council were to approve an amendment to the Landfill's Conditional Use Permit and Solid Waste Facilities License to allow the deposit of solid waste in the existing 200-foot buffer zone, the approval would have to be contingent on the Landfill satisfying the requirements of the State regulation. Compliance with the State regulation is necessary so that it is clear that the 200-foot buffer zone is not developable and cannot be developed in the future bythe adjoining landowner. In addition to the State regulation, City Code mandates that the 200-foot buffer zone be located in the SWF Zoning District. Sections 58-100(6) and 58-171(8). If the City Council were to approve an amendment to the Conditional Use Permit and Solid Waste Facilities License to allow the deposit of solid waste in the existing buffer zone, that approval would have to be subject to an amendment to the City Code allowing buffer zones to be located outside of the Solid Waste Facilities Zoning District. (3) Buffer Area. In addition to the legal issues raised by the proposal to deposit Solid Waste in the existing buffer zone and move the buffer zone to the adjoining property, relocation of the existing 200-foot buffer zone would result in removal of the existing established buffer on the Z:\Coma~unityDevelopment\Planniag Main\Case Files\CUP\CU 10.08 Waste Manageme~\Staff report to OGCxJ 10-08 - peterdoc