ORD 10-02 - 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 City's Comprehensive Guide Plan because designating those areas as buffer zones impairs or prevents their development for uses consistent with a Comprehensive Plan. 10. The City has not allowed other types of setback requirements to be satiufied by acquiring interests in adjoining property that is located in a different zoning district, so as to allow development up to the zoning and property lines. Not allowing such an approach results in a more consistent application of planning and zoning principles throughout the City. 11. Since it's adoption in 1986, the SwF Ordinance, now incorporated in Chapters 30 and 58 of the Elk River City Code, has included a definition of Solid Waste Facilities which defines Solid waste Facilities as "all property, real or personal ... needed or useful for the processing or disposal of solid waste 12. This definition of Solid waste Facilities has always been interpreted to include all components necessary for the operation of a Solid waste Facility, including required buffer areas and buffer zones, except facilities or equipment which must, by necessity, be located off -site, such as wells required to monitor a Facility's off-site 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 always has, Included 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 property needed or useful for the processing or disposal of solid waste be located within the Solid waste Facilities overlay Zoning District, and its 22 -year history of complying with this requirement, Elk River Landfill, in a letter to City Staff dated January 28, 2010, and in subsequent pleadings and arguments made to the Sherburne County District Court, is taking the position that the City's SwF Ordinance is ambiguous and that required buffer 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 components of a Solid Waste Facility be located within the Solid waste Facilities Overlay zoning District, including buffer areas and buffer zones, by adopting appropriate amendments to Chapters 30 and 58 of the Ells River City Code. 2