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r ~n~~~c~ ~a ~ <br />M' ~ <br />I ~ ~ <br />N N <br />ELM ~ <br />FINDINGS OF FACT <br />The City Council of the City of Ells River mares the following Findings of Fact: <br />1. The City of Ells River Solid waste Facilities Ordinance SwF Ordinance} was <br />initially adopted in 1986. <br />2. Since adoption of the SwF Ordinance in 198, Solid waste Facilities, <br />including sanitary landfills, have been required to be located witlai~.a the Cit~l's Solid waste <br />Facilities Overlay Zoning District, <br />3. The I~ll~ River Landfill. Landfill} was rezoned to the Solid waste Facilities <br />Overlay Zoning District in 198G, and a conditional use permit SCUP} for the Landfill was <br />initialler approved in 19 8 $, <br />times. <br />4. Since 1958, the CUP for t11e Landfill has been renewed and amended 10 <br />5. Begha.nh~.g with approval of the original CUP for the Landf.~.l., through all of <br />the renewals and amendments, it has been understood that the 2o0~foot buffer zone <br />provided for in the CUP has been required to be located on Landfill property within the <br />Solid waste Facilities Overlay Zoning District. <br />6. The Zoo-foot buffer zone on the east, west, and south sides of the Landfill <br />has always been located on Landfill property within the Solid Taste Facilities overlay <br />Zoning District. <br />7. Since its adoption in 1980, the S~1F Ordinance, now incorporated in <br />Chapters 3o and 58 of tl~e Ells River City Code, has included a definition of Solid waste <br />Facilities which defines Solid waste Facilities as "all property, real or personal .. ,needed or <br />useful for the processing or disposal of solid waste , .. ," <br />8. This definition of Solid Taste Facilities has always been interpreted to <br />include all components necessar~r for the operation of a Solid Taste Facility, including <br />required buffer areas and buffer zones. <br />1 <br />