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8. The 200 -foot Buffer Zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid Waste Facili- tiil Overtuy Zoni* Vistrict. s3wti�•iNitr'9.,aa�l� �pwru psurss, Istd oRhW:, 1r Uis wot available for development any other use. �. Allowing areas zoned and designated in the City's Com- prehensive Plan for uses other than Solid Waste Facilities to be used to satisfy the Buffer Zone requirement for a Solid Waste Facility would be incon- sistent with the Citys Compre- hensive Guide Plan because designating those areas as buffer zones impairs or pre- vents their development for uses consistent with a,Compre- hensive Plan. 10. The City has not allowed -*her types of setback require - nts to be satisfied by .quiring interests in adjoin - 'joperty that is located in a iliffereat 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 C- -•acil finds that the i ition of Solid Waste F u -. -Aty 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 a )priate amendments to era 30 and 58 of the Elk River City Code. . ORDINANCE THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Sections 30 -1 and 58 -91 of the Elk River City Code shall be amended by revising the first sentence in the definition of "Solid Waste Facility" to read as follows: Solid Waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or may be required, needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this Code. Section 2. That Section 30 -1834 of the Elk River City Code, entitled SWF "Solid Waste Facility Overlay District," shall be amended by adding new subsection (e) thereto, which shall read as follows: (e) Solid Waste Facilities tricted to SWF - Solid Waste .ilities Overlay District. No oolid Waste Facility, including any portion of a Solid Waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for. the establishment and /or operation of the Solid Waste Facility, with the exception of ° cilities necessary for aitoring the offsite impacts . the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 3. That Section 58 -100 (b) of the Elk River City Code, entitled "Location of Solid Waste Facilities," shall be amended to read as follows: (b) Location of Solid Waste Facilities. No Solid Waste Facility, including any portion of a Solid Waste Facility, any easements, water or air rights, all storm water maAaglument facilities and all kd er ssi , . ear buffer sasses regnivid, nos, " or useful for the estsbliabsmot aa&er, a�peratioa of the Solid Waste FFacility, with t -Ise exception of facilities necessary for monitoring the offsite impacts of the facility .on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 4. That Section 58 -171 of the Elk River City Code, r "fled "Prohibited Areas," be amended by adding now subsection (8),thersto, which shalt read as follows: (8) 200 feet from the nearest property which is not located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 5. That this Ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River on March 15, 2010. CITY OF ELK RIVER By: Stephanie Minzing By: Tina Allard Mayor City Clerk (Mr27)