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Ordinance No. 10-02 <br />CITY OF ELK RIVER <br />An Ordinance of the City of Elk River amending Chapters 30 and 58 of the <br />EIk River, Minnesota, City Code to Reaffirm that Required Buffer Areas and <br />Buffer Zones for Solid Waste Facilities Must be Located Within the Solid Waste <br />Facilities Overlay Zoning District. <br />FINDINGS OF FACT <br />The City Council of the City of Elk River makes the following Findings of Fact: <br />1. The City of Ellc River Solid Waste Facilities Ordinance (SWF Ordinance) <br />was initially adopted in 1986. <br />2. Since adoption of the SWF Ordinance in 1986, Solid Waste Facilities, <br />including sanitary landfills, have been required to be located within the City's Solid <br />Waste Facilities Overlay Zoning District. <br />3. The Elk River Landfill (Landfill) was rezoned to the Solid Waste <br />Facilities Overlay Zoning District in 1986, and a conditional use permit (CUP) for the <br />Landfill was initially approved in 1988. <br />times. <br />4. Since 1988, the CUP for the Landfill has been renewed and amended 10 <br />5. Paragraph 3 of the CUP requires that a Buffer Zone be established within <br />the perimeter of the Landfill Property around the waste disposal areas of not less than 200 <br />feet, except on the North side. Within this Buffer Zone, no waste disposal may occur. <br />6. Minnesota Rules, Part 7035.2815, subp. 5(c), also provides that any new <br />fill area at a land disposal facility must be located at least 200 feet from the nearest <br />property line, unless otherwise approved by the MPCA. <br />7. Beginning with approval of the original CUP for the Landfill, through all <br />of the renewals and amendments, it has been understood that the 200-foot Buffer Zone <br />provided for in the CUP has been required to be located on Landfill property, as required <br />by Minnesota Rules, and within the Solid Waste Facilities Overlay Zoning District. <br />8. The 200-foot Buffer Zone on the east, west, and south sides of the <br />Landfill has always been located on Landfill property within the Solid Waste Facilities <br />Overlay Zoning District. This Buffer Zone is used exclusively for Landfill purposes, <br />such as screening, service roads and other infrastructure.. It is not available for <br />development for any other use. <br />1 <br />