6.6. SR 03-15-2010 - Laserfiche WebLink

Home Browse Search

Facili~es must be located within the Solid waste Facilities ~verla Zonin District. Staff recommends approval of the ordinance as drafted. cr~u~ iscuss~® Since it's adop~.on in ~95~, the pity's Solid waste Facility SwF} ordinance, now incorporated in Chapters 30 and 5~ of the Elk River City Code, has included a definition of Solid waste Facilities which defines Solid waste Facilities as "ail property, real or personal ...needed or useful for the processing ar disposal of solid waste ....". 'This defini~on of Solid waste Facilities has always been .interpreted to include all components necessary for the operation of a Solid waste Facility, including required buffer areas and buffer zones. Beginning with approval of the original C~TP for the Landfill in X985, through all of the renewals and amendments in the ZZ years since then, it has been understood that the ZOa-foot buffer zone has been required to be located on Landfill property within the Solid waste Facilities overlay caning District. The existing Z~Q~foot buffer zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facili~.es overlay ~on~ng District. N~tw1thstan.ding the language of the City Code requiring that ail property needed or useful far the processing or disposal of solid waste be located within the Solid waste Facilities overlay honing District, and its ZZ~year history of complying with this requirement, ilk River Landfill is now taking the posi~on that the City's SwF ordinance is ambiguous and that required buffer areas or buffer zones are not required to be located within the Solid waste Facilities overlay caning District. 'The City Council considered this position in the course of approving a renewed and amended conditional use permit and license for the Landfill on February ~G, 2~~~, and found that the Z44~ foot buffer zone required by state law is an integral part of the Solid waste Facility which is a landfill and therefore, that required buffer areas and buffer zones are required by the current City Cade to b~e ~~cated within the ~So~lid waste Facili~.es overlay honing District. ~n light of the landf~lls's new position regarding buffer areas, City staff feels it would be appropriate for the Planning Commission and City Council to address the intent of the Solid waste Facilities