6.6. SR 03-15-2010 - Laserfiche WebLink

Home Browse Search

e~oranum Ta: City Council City of Ell{ River FROM: Peter Beck City Attorney RE: Proposed ordinance Amending Chapters 30 and 58 of the Cit Code y Regarding Buffer Areas DATE: March 12, 2010 This memorandum supplements the staff report and addresses some of the issues which the Landfill raised during the Planning Commission hearing on the above a enda item g and ~n a letter to the Planning Commzss~on dated March 9, 2010, I have also asked the City's litigation counsel, John Baler, to prepare a memorandum to the Cit Council y addressing Borne of the Landfill's representations regarding the liti anon roceedin s, g p g Tiering of the Prvpose~ ordinance Amendment The Planning Commission inquired as to the timing of the ro osed ordinance . p p , amendments, As I explained to the Planning Commission, the first time Cxt staff heard the ar y gum.ent that the 2~0-foot state mandated buffer area for the Landfill should not be required to be on Landfill property or within the Solid waste Facilities ~veria District Y was ~n a letter to City staff dated January 28, 2010, Although the conce t of excavatin .. p g or mining ~n the buffer area pending expansion of the Landfill had been raised in 2002 no argument was made that ~ was aware of that the Landfill had the right to place solid waste in the buffer area without rezoning additional land. Followin recei t of the g p January 28, 2010 letter, staff reviewed the City's zoning and Solid waste Facilit Y ordinances and concluded that the existing ordinances require all com anents of the p Landfill, including the state mandated 200-foot buffer area, to be located within the Landfill property and within the Solid waste Facility District, This is how the ordinance has been interpreted since it was ado ted and the first ., p conditional use permit for tlae Landfill was approved some 22 years a o, However staff g concluded that it could not hurt to even more specifically so state i1a the zonin and Solid .. g waste Facility ordinances, and began preparation of appropriate ordinance amendments, There was not time to get the proposed amendments an the Planning Commission's and City Council's February agendas, so they were targeted for the Commission and Council's March agendas. while the ordinance amendments were being prepared, the Landfill filed an a lication pp to expand the Landfill into the 200mfoot buffer area. Staff proceeded to finalize the ordinance amendments and prepare a staff report, which was released with the Plannin g Commission agenda packet on March 2, 2010, In Tight of the Landfill's a lication to pP