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~,• <br />~1 ~~~~~ . ~~~ , <br />,~~{~~~, <br />~ ~ ~ ~ rye ~~~ ~ <br />~'~~~~~i~ ~ ~~~ aC~,~~~~ <br />i7 S <br />n ~ ~~ ~~ <br />Ordinance No, 10- ~ ~ <br />CITY DF ELK RIVER <br />A.n rdinance of the City of ~I fiver amending Chapters 3o and 5~ o the <br />Ei diver, Minnesota, City Code to eaffirm that B.euired Buffer Areas and <br />Buffer Zones for ~oii waste FaciXities Must be located within the solid waste <br />aciiities overlay Zoning xstrict. <br />FINDINGS OF FACT <br />The City Council of the City of Elk River makes the following Findings of Fact: <br />1, The City of Elk River Solid waste Facilities Ordinance SwF Grdinance} <br />was initially adopted in 1956, <br />2, Since adoption of the SwF Grdinance in 1986, Solid waste Facilities, <br />including sanitary landfills, have been required to be located within the City's Solid <br />waste Facilities overlay Zoning District, <br />3, The Elk River Landfill Landfill} was rezoned to the Solid waste <br />Facilities Overlay Zoning District in 1986, and a conditional use permit SCUP} for the <br />Landfill was initially approved in 1985, <br />4, Since 1958, the CUP far the Landfill has been renewed and amended 10 <br />times, <br />5, Paragraph 3 of the CUP requires that a Buffer Zone be established within <br />the perimeter of the Landfill Property around the waste disposal areas of not less than 200 <br />feet, except on the North side, within this Buffer Zone, no waste disposal may occur, <br />6. Minnesota Rules, Part 7035,2815, subp, Sic}, also provides that any new <br />fill area at a land disposal facility must be located at least 200 feet from the nearest <br />property line, unless otherwise approved by the MPCA, <br />7, Beginning with approval of the original CUP for the Landfill, through all <br />of the renewals and amendments, it has been understood that the 200~foot Buffer Zone <br />provided for in the CUP has been required to be located on Landfill property, as required <br />by Minnesota Rules, and within the Solid waste Facilities Overlay Zoning District. <br />S, The 200~foot Buffer Zone on the east, west, and south sides of the <br />Landfill has always been located on Landfill property within the Solid waste Facilities <br />overlay Zoning District. This Buffer Zone is used exclusively for Landfill purposes, <br />such as screening, service roads and other infrastructure, It is not available for <br />development far any other use, <br />