6.6. SR 03-15-2010 - Laserfiche WebLink

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9. Allowing areas zoned and designated in the City's Comprehensive Plan for uses other than Solid waste Facilities to be used to satisfy the Buffer Zone requirement for a Solid waste Facility would be inconsistent with the Cit 's . y Comprehensive Guide Plan because designating those areas as buffer zones prevents their development for uses consistent with a Comprehensive Plan, 10. The City has not allowed other types of setback requirements to be satisfied by acquiring interests in adjoining property that is located in a different zonin g district, so as to a11ow development up to the zoning and propert lines. Not allowin Y g such an approach results in a more consistent application of plannin and zonin g g pr~nc~ples throughout the City, 11, Since it's adoption in 1956, the SwF Ordinance, now incorporated in Chapters 30 and 55 of the Elk River City Code, has included a definition of Solid Waste Facilities which defines Solid waste Facilities as "all property, real or ersonal , , , . p needed or useful for the processing or disposal of sold waste . , , ," 12, This definition of Solid Waste Facilities has always been inter retell to p include all components necessary for the operation of a Solid waste Facilit includin ys ~ required buffer areas and buffer zones, except facilities ar equipment which must b ~y necessity, be located off site, such as wells required to monitor a Facilit 's off site y impact on groundwater. 13. Therefore, the City Council finds that the definition of Solid Waste Facility in Chapters 30 and 58 of the Elk River City Code does, and alwa s has, included , Y required buffer areas and buffer zones and that, therefore, required buffer areas and buffer zones are required by the current City Code to be located within the Solid Waste Facilities Overlay Zoning District, 14, Notwithstanding the language of the City Code requiring that all ro ert p p y needed or useful for the processing or disposal of solid waste be located within the Solid waste Facilities Overlay Zoning District, and its 2Z-yeaz° history of com 1 in with this pY g requirement, Elk River Landfill, in a letter to City Staff dated January 2 S, 2010 and in subsequent pleadings and arguments made to the Sherburne Count District Court is . Y , taking the position that the City's SwF Ordinance is ambiguous and that re uired buffer q areas or buffer zones are not required to be located within the Solid Waste Facilities Overlay Zoning District. 15, In light of this new position by the Landfill, the City Council finds it appropriate to reaffirm the intent of the SWF Ordinance that all com onents of a Solid Wat '' p s e Facility be located w~thxn the Solid Waste Facilities Overlay Zonin District g including buffer areas and buffer zones, by adopting appropriate amendments to Cha tern 30 and 55of h p t e Elk River City Code, 2