5.2. PCSR 05-11-2010 - Laserfiche WebLink

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Case File: CU 10-08 ERL CUP Page 8 City of Elk River located at least 200 feet from the nearest property line. No evidence of a conveyance of property by the adjoining landowner has been submitted with the Application, so the City has not way to confirm that this regulation will be complied with. Relocating the buffer zone outside of the SWF Overlay District also is a violation of the City Code sections set forth above, as is the location of landfill infrastructure, including groundwater monitoring wells, gas probes, storm water management facilities and service roads, outside of the SWF District. Approval of an amendment to the CUP and SWFL to allow the deposit of solid waste in the existing buffer zone would have to be subject to an amendment to the City Code allowing buffer zones and other infrastructure to be located outside of the SWF District. Finally, removal of the existing, mostly native, buffer area on the southern edge of the Landfill, including the removal of several hundred mature native trees in the buffer area, would have a significant impact on the visibility of landfill operations from 221st Street and surrounding residential areas and, therefore, raises significant concerns regarding compliance of the proposed amendment within the Standards for Issuance of a Conditional Use Permit. Specifically, the Planning Commission and City Council should consider whether removal of the existing trees and buffer area, expansion of the Landfill's capacity, and extension of the period of time the Landfill will be operation: 1.) Will detrimentally affect the use and enjoyment of other property in the immediate vicinity because Landfill activities will be considerably more visible than at present and will extend for a considerably longer period of time; 2.) Is not consistent with the City' 2004 Comprehensive Plan, for the reasons set forth by the City Council in its action on the proposed 109-acre expansion; 3.) Will not impede the normal and orderly development and improvement of surrounding vacant property, as discussed in the record and found by the City Council in its action on the 109-acre expansion; 4.) Has the potential to create traffic congestion and interference on adjacent streets, in particular 221St Avenue; 5.) Will generate noise, odors and dust that is detrimental to surrounding properties; 6.) Will result in the destruction and loss of the existing native trees and natural topographic conditions which screen and buffer landfill activities from 221St Avenue and surrounding residential areas; and 7.) Does not comply with the other requirements of the City Code, including the provisions of the Zoning Ordinance and Solid Waste Faculties Ordinance set forth above. S:\Community Development\Planning Main\Case Files\CUP\CU 10-08 Waste Management\Staff report to PC-CU 10-08.doc