5.2. PCSR 05-11-2010 - Laserfiche WebLink

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Case File: CU 10-08 Page 4 ERL CUP Ciry of Elk River 100(b) and 58-171(8)), and the Landfill's existing Conditional Use Permit (Section 3), all require that a 200-foot buffer zone be located on landfill property around the peruneter of the waste deposit area. The state regulation provides that "Any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the commissioner based on existing filling procedures, existing site structures, the facility design, compliance boundaries, and existing land restrictions." Minn. R. 7035.2815, subp. 5(c). The Landfill has submitted no evidence with its application that it has acquired any right from the adjoining landowner to the south that would change the property line so as to put the state-mandated buffer zone on their property. If the City Council were to approve an amendment to the Landfill's Conditional Use Permit and Solid Waste Facilities License to allow the deposit of solid waste in the existing 200-foot buffer zone, the approval would have to be contingent on the Landfill satisfying the requirements of the state regulation. Compliance with the state regulation is necessary so that it is clear that the 200-foot buffer zone is not developable and cannot be developed in the future by the adjoining landowner. City Code mandates that the 200-foot buffer zone be located in the SWF Zoning District. Sections 58-100(b) and 58-171(8). If the City Council were to approve an amendment to the Conditional Use Permit and Solid Waste Facilities License to allow the deposit of solid waste in the existing buffer zone, that approval would have to be subject to an amendment to the City Code allowing buffer zones to be located outside of the Solid Waste Facilities Zoning District. (3) Buffer Area. In addition to the legal issues raised by the proposal to deposit solid waste in the existing zone and moving the buffer zone and moving the buffer zone to the adjoining property, relocation of the existing 200-foot buffer zone would result in removal of the existing established buffer on the southern edge of the Landfill. The existing buffer consists of a mostly native, undisturbed area with an elevated topographic terrain. The existing terrain, which is covered by several hundred native, mature trees, acts as a visual screen of the Landfill. If solid waste were to be deposited in this area, all of the existing trees would be removed and the existing elevated terrain reduced and excavated to accommodate the deposit of solid waste. Removal of the existing trees and buffer would have a substantial impact on the visibility of the Landfill, making landfill operations clearly visible from 221st Avenue and, potentially, the residential areas to the west, for an extended period of time while the 13.7-acrae existing buffer area is filled with solid waste and a new buffer is established to the south, on the adjoining property. (4) Offsite Infrastructure. Expanding the area allowed for the deposit of solid waste to the southern property line of the Landfill will, according to the plan submitted by the Landfill with their Application for this expansion, result in significant portions of the Landfill's infrastructure moving off of the Landfill's property and out of the Solid Waste Facilities Overlay Zoning District. Infrastructure which would be moved off-site includes groundwater monitoring wells, landfill gas monitoring probes, and, potentially, storm water management facilities, and a service road around the southern boundary of the Landfill. Although it is true the Landfill has installed several groundwater monitoring wells outside of its boundaries and the Solid Waste Facilities Zoning District in the past, these facilities have been installed for the purpose of investigating the nature and extent of contaminant migration associated with the unlined portions of the Landfill. Lined expansions of the S:\Communiry Development\Planning Main\Case Files\CUP\CU 10-08 Waste Management\Staff report to PC-CU 10-08.doc