5.1. PCSR 05-11-2010 - Laserfiche WebLink

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Ordinance No. 10- 05 CITY OF ELK RIVER An Ordinance of the City of Elk River zoning certain property into the Solid Waste Facilities Overlay Zoning District and the Mineral Excavation Overlay Zoning District. FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid Waste Facilities Ordinance (SWF Ordinance) was initially adopted in 1986. 2. The Elk River Landfill (Landfill) was subsequently zoned into the Solid Waste Facilities Overlay Zoning District and a conditional use permit (CUP) for the Landfill was initially approved in 1988. times. 3. Since 1988, the CUP for the Landfill has been renewed and amended 10 4. The legal descriptions of the area to be zoned into the SWF Overlay District and the area to be covered by the CUP for the Landfill were provided by the Landfill. The legal descriptions covered several parcels and almost two pages of text. The City has always assumed that the descriptions provided by the Landfill covered the entire Landfill property. 5. In connection with the recent litigation regarding the Landfill's application to expand onto the Tiller property, the Landfill is taking the position that their entire property is not within the SWF Overlay District. If this were true, the Landfill has deposited solid waste outside the SWF Overlay District, which is illegal under the City's Zoning and SWF Ordinances. 6. In order to eliminate the possibility of a gap in the SWF zoning of the Landfill property, to implement the intent that the entire Landfill property be zoned SWF Overlay District, and to bring the Landfill into compliance with the City Zoning and SWF Ordinances, the City has determined to zone the entire Landfill property into the SWF Overlay District and the ME Overlay District 1