5.4. SR 05-17-2010 - Laserfiche WebLink

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City of ~) c °~ ~° r ~' 11.i~~r To Iterrr plumber ~~'Iannin -Commission 5.5. /4genda Section Meeting Date Prepared by Planning Items March 9, 2010 Jeremy Barnhart, Planning Manager Item Description Reviewed by .f~~lopti-on of an Ordinance Amending Chapters 30 and 58 of the Peter Beck, Ci Attorn City Code to Reaffirm that Buffer Areas for Solid Waste Reviewed by Facilities must be located within the Solid Waste Facilities Overla Zonin District. Action.Retluested Staff recommends approval of the Ordinance as drafted. Background/Discussion Since it's adoption in 1986, the City's Solid Waste Facility (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 "ali property, real or personal ...needed or useful for the processing or disposal of solid waste ....". 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. Beginning with approval of the original CLIP for the Landfill in 1988, through all of the renewals and amendments in the 22 pears since then, it has been understood that the 200-foot buffer zone has been required to be located on Landfill property within the Solid Waste Facilities Overlap Zoning District. The existing 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 Facilities Overlay Zoning District. 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 is now 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. The City Council considered this position in the course of approving a renewed and amended conditional use permit and license for the Landfill on February 16, 2010, and found that the 200- foot buffer zone required by state law is an integral part of the Solid Waste Facility which is a landfill and therefore, that required buffer areas and buffer zones are required by the current City Code to ,be lacatedwithin the Solid Waste Facilities Overlay Zoning District. In light of the landfills's new position regarding buffer areas, City staff feels it would be appropriate for the Planning Commission and City Council to address the intent of the Solid Waste Facilities