6.6. SR 03-15-2010 - Laserfiche WebLink

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Ordinance No.1 Od CITY GF ELK RISER An rdinance of the City of ilk River amending Chapters 3o and 55 of the Elk fiver, innesota, City Code to Reaffirm that equired Buffer Areas and Buffer Zones for Solid waste Facilities Dust be Located within the solid waste Facilitics overlay Zoning district, FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid waste Facilities Ordinance ~S~VF Ordinance} was initially adopted in 19$6, 2. Since adoption of the S~VF Ordinance in 1956, Solid waste Facilities, including sanitary landfills, have been required to be located within the Cit 's Solid .,. y waste Facilities Overlay Zoning District. 3. The Elk River Landfill ~Landtill} was rezoned to the Solid waste Facilities Overlay Zoning District in 1956, and a conditional use permit SCUP for the ... ) Landfill was ~nit~ally approved in 1988, 4. Since 1958, the CUP for the Landfill has been renewed and amended 10 times, 5, Paragraph 3 of the CUP requires that a Buffer Zane be established within the perimeter of the Landf 11 Property around the waste disposal areas of not less than 200 feet, except on the North side, within this Buffer Zone, no waste disposal may occur, 6. Minnesota Rules, Part 7035.2515, subp. Sic}, also provides that any new fill area at a Iand disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Landfill, through all of the renewals and amendments, it has been understood that the 200-foot Buffer Zone provided for in the CUP has been required to be located on Landfill property, as re wired q by Minnesota Rules, and w~th~n the Solid Vdaste Facilities overlay Zoning District. 5. The 200-foot Buffer Zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facilities Overlay Zoning District. This Buffer Zone is used exclusively for Landfill ur oses p p such as screening, service roads and other infrastructure. It is not available for development for any other use.