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city k <br />.~. <br />~ver <br />13065 Orono Parkway <br />Ellc River, MN 55330 <br />March 2, ? 010 <br />Ms. Deb Walters <br />~'~aste Management Inc. <br />22460 Higliwap 169 NW <br />Elk River, NIN 55330 <br />Re: Ordinance Amendment Regarding Buffer Area Requirement <br />Dear Deb: <br />For over two decades both the active area of the landfill and the buffer area requiied by state <br />law and in the Landfill's Conditional Use Permit have been located within the boundaties of <br />the City='s Solid Waste Facilities Overlap Zoning District. It has always been the City's view <br />that both the active area and the required buffer area are parts of the Solid Waste Facility <br />within the meaning of the City Code, and that all parts of a Solid Waste Facilit-1= must be <br />located within the Solid Waste Facilities Overlap Zoning Distt7ct. <br />Nottivithstanding the language of the Cit3= Code requiting that all property= needed or useful <br />for the processing or disposal of Solid Waste be located within the Solid Waste Facilities <br />Overlap Zoning District, and its 22 pear history of complying with this requirement, Elk <br />River Landfill has taken the position, in a January 28, 2010 letter to Cit~T staff and in <br />subsequent pleadvngs in Sherburne County= District Court, that the City='s Solid Waste <br />Facilities Ordinance is ambiguous and required buffea: areas or buffer zones are not required <br />to be located within the Solid C~=paste Facilities Overlap Zoning District. The City= Council <br />considered this position iri the course of approving a renewed and amended conditional use <br />permit and license for the Landfill on February= 16, 2010, and found that the 200 foot buffer <br />zone required by State law is an integral part of the Solid Waste Facility v=hick is a Landfill <br />and that, therefore, required buffer areas and buffer zones are required bj- the cw:rent Cite <br />Code to be located within the Solid ~X~aste Facilities Overlap Zoning District. <br />In light of the Landfill's new position regarding buffer areas, City staff feels it u=ould be <br />appropriate for the Planning Commission and City Council to address the intent of the Solid <br />Waste Facilities Ordinance br considering amendments to Chapters 30 and 58 of the Elk <br />River Citt- Code. Therefore, City staff has prepared the enclosed ordu~.ance amendments for <br />Phone: 763.635.1000 <br />Fax: 763.635.1090 <br />wwvr.ci. elk-river,mn.us <br />