6.1. SR 04-19-2010 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Ma or & Ci Council 5.1. Agenda Section Meeting Date Prepared by Communi Develo ment A ri119, 2010 Rebecca Hau ,Environmental Admin Item Description Reviewed by Request by the City of Elk River to Zone Certain Property Lori ohnson, Ci Administrator Mineral Excavation (ME) Overlay and Solid Waste Facility Reviewed by (SWF) overlay -Public Hearing, Case No. ZC 10-05 Peter Beck, Ci Attorne Action Requested Staff and the Planning Commission support a recommendation to zone the subject property as presented. Background/Discussion The City's Zoning Ordinance was amended in 1986 to create the Solid Waste Facilities Overlay Zoning District. Two years after adoption of the SWF Overlay District, Elk River Landfill applied for rezoning to the Solid Waste Facility Overlay District and approval of a CUP for a Solid Waste Facility. The CUP for the Landfill has been renewed and/or amended numerous times since the original approvals in 1988. The legal descriptions for the area zoned to the SWF Overlay District were provided by the Landfill. The legal descriptions covered several parcels and almost two pages of text. The City's assumption at the time these descriptions were provided, and over the course of time since then, has been that the legal descriptions provided by the Landfill for the zoning, as well as legal descriptions provided in connection with the CUP renewals and amendments over the years, covered the entire Landfill property. We assume the Landfill also made that assumption, and did not intentionally seek approval of Conditional Use Permit amendments and renewals for areas outside the SWF Overlay District. Recently, in connection with litigation commenced by the Landfill against the City as a result of the denial of the Landfill's application to expand onto the Tiller property, the Landfill is taking the position that their entire property is not within the SWF Overlay District. The Landfill has submitted maps attempting to show that the SWF Overlay District runs along a section line and does not extend west to the right of way for the City trail. If this were true, the Landfill has deposited solid waste outside the SWF Overlay District, which is illegal under the City's Zoning and SWF Ordinances. Staff has reviewed the legal descriptions provided at the time of the zoning to the SWF Overlay District and determined that most, if not all, of the area in question does fall within the legal descriptions and is within the SWF Overlay District -notwithstanding the location of the zoning district line on some versions of the City's zoning maps over the years. Nevertheless, in order to eliminate the possibility of a gap, staff is recommending that the entire Landfill property be zoned SWF Overlay District. Staff has prepared a new description for the property to be zoned which is a simple, straight forward description that clearly covers the entire Landfill property (the property located south of the City's northern boundary, north of the Tiller property and between the Ciry trail and Highway 169). This description is S:\Public Bodies\Council\Lori\2010\ZC to CC 419.doc