5.5. PCSR 03-09-2010 - Laserfiche WebLink

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Facilities must be located within the Solid waste Facilities ®verla Zonin District. .~~~ u~ Staff recommends approval of the Ordinance as drafted. Since it's adoption in 19~G, the pity's Solid waste Facility ~SwF~ Ordinance, now incorporated in Chapters 34 and 5~ of the Ells liver City Code, has included a definition of Solid Taste Facilities which defines Solid waste Facilities as "all property, real or personal .. ,needed or useful for the processing or disposal of solid waste ....". This defini~on of Solid waste Facilities has always been ~n-terpreted to include ail components necessary for the operation of a Solid waste Facility, including required buffer areas and buffer zones. beginning with approval of the original Ct~P for the Landfill in ~ 9~~, through all of the renewals and arnendm.ents in the ~2 years since then, it has been understood that the ~~~~foot buffer zone has been required to be located on Landfill property within the Solid waste Facilities Overlay Zoning District, rI`he existing ~~a~foot buffer zone an the east, west, anti south sides of the Landfill has always been located on Landfill proper within the Solid waste Facilities Overlay Zoning District. N~:~rsthstanding t%e language of the City Code requiring that all property needed or useful for the processing ar disposal of solid waste be located within the Solid waste Facilities Overlay Zoning District, and its ~~-year history of corn.plying with this requirement, ilk Diver 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. Tl~e Cit~r Council considered this position in the course of approving a renewed and amended conditional use permit and license for the Landfill on February 1G, ZQ1Q, and found that the ~~~w foot buffer zone required by state law is an integral part of the Solid waste Facility which is a landfill and therefore, that re uired buffer areas and buffer zones are required by the current City Code to q ,b~e ioca~:ed within the Solid Taste Facilities Overlay Zoning District. Zn light of the landfills's riety 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