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 im airs or p 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 dis ri ~ g t ct, so as to allow development up to the zoning and property lines. Not allowing 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 198, the SwF Ordinance, now incorporated in Chapters 30 and 58 of the Elk River City Cade, has included a definition of Solid waste Facilities which defines Solid waste Facilities as "all property, real ar ersonal .. . p needed or useful for the processing or disposal of solid waste , , . ," 12. This definition of Solid waste Facilities has always been inter rated to P include all components necessary for the operation of a Solid waste Facilit includin y~ g required buffer areas and buffer zones, except facilities or 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 art p P Y needed ar useful for the processing or disposal of solid waste be located within the Solid waste Facilities Dverlay Zoning District, and its 22-year history of com 1 in with this , pY g requirement, Elk River Landfill, in a letter to City Staff dated January 28, 201 ~, and in subsequent pleadings and arguments made to the Sherburne Caunt District Court is ., Y taking the posxt~on that the City's SwF Ordinance is ambiguous and that re wired buffer , q areas or buffer zones are nat required to be located within the Solid Waste Facilities Dverlay 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 components of a Solid Waste Facility be lacated within the Solid waste Facilities Overly Zonin District Y g including buffer areas and buffer zones, by adopting appropriate amendments to Cha tens , p 30 and 5$ of the Elk River City Code, 2