5.1. PCSR 04-13-2010 - Laserfiche WebLink

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~/ Elk REQUEST FOR ACTION ..,.. River To Item Number Pl Commission 5.1. Agenda Section Meeting Date Prepared by Plannin Items ril 13, 2010 Rebecca Ha , Envirorlmental Admin Item Description Reviewed by Request by the City of Elk River to zone certain property Lori Johnson, Ci Administrator Mineral Excavation (ME) overlay and Solid Waste Facility Reviewed by (SWF) overlay- Public Hearing, Case No. ZC 10-05 Peter Beck, Ci Attome Action Requested Staff supports a Planning Commission 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 OverlayZoning District. Two years after adoption of the SWF Overlay District, Elk River Landfill applied for rezoning to the Solid Waste Facility OverlayDistrict and approval of a CLIP for a Solid Waste Facility. The CLIP 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 bythe 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 bythe 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 assumed the Landfill also made that assumption, and did not intentionally seek approval of Conditional Use Permit amendments and renewals for areas outside the SWF OverlayDistrict. 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 OverlayDistrict. The Landfill has submitted maps attempting to show that the Landfill Overlay District runs along a section line and does not extend west to the right of wayfor the Citytrail. 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 OverlayDistrict and determined that most, if not all, of the area in question does fall within the legal descriptions and is within the SWF OverlayDistrict -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 is zoned SWF OverlayDistrict. Staff has prepared a new legal description for the property to be zoned which is a simple, straight forward legal S:\CommunityDeveloptneiu\Plaruiing Main\Case Files\ZC\ZC 10-05 Elk River Landfill\ZC to PC 413.doc