5.4. SR 05-17-2010 - Laserfiche WebLink

Home Browse Search

Memorandum TO: City Council City of Ellc River FROM: Peter Beck City Attorney RE: Proposed Ordinance Amending Chapters 30 and 58 of the City Code Regarding Buffer Areas DATE: March 12, 2010 This memorandum supplements the staff report and addresses some of the issues which the Landfill raised during the Planning Commission hearing on the above agenda item and in a letter to the Planning Commission dated March 9, 2010. I have also asked the City's litigation counsel, John Baker, to prepare a memorandum to the City Council addressing some of the Landfill's representations regarding the litigation proceedings. Timing of the Proposed Ordinance Amendment The Planning Commission inquired as to the timing of the proposed ordinance amendments. As I explained to the Planning Commission, the first time City staff heard the argument that the 200-foot state mandated buffer area for the Landfill should not be required to be on Landfill property or within the Solid Waste Facilities Overlay District was in a letter to City staff dated January 28, 2010. Although the concept of excavating or mining in the buffer area pending expansion of the Landfill had been raised in 2002, no argument was made that I was aware of that the Landfill had the right to place solid waste in the buffer area without rezoning additional land. Following receipt of the January 28, 2010 letter, staff reviewed the City's zoning and Solid Waste Facility ordinances and concluded that the existing ordinances require all components of the Landfill, including the state mandated 200-foot buffer area, to be located within the Landfill property and within the Solid Waste Facility District. This is how the ordinance has been interpreted since it was adopted and the first conditional use permit for the Landfill was approved some 22 years ago. However, staff concluded that it could not hurt to even more specifically so state in the zoning and Solid Waste Facility ordinances, and began preparation of appropriate ordinance amendments. There was not time to get the proposed amendments on the Planning Commission's and City Council's February agendas, so they wexe targeted for the Commission and Council's March agendas. While the ordinance amendments were being prepared, the Landfill filed an application to expand the Landfill into the 200-foot buffer area. Staff proceeded to finalize the ordinance amendments and prepare a staff report, which was released with the Planning Commission agenda packet on March 2, 2010. In light of the Landfill's application to