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Ordinance No. 10- 05 <br />CITY of ELK RIVER <br />An Ordinance of the City of Ells River zoning certain property into the Solid <br />Waste Facilities Overlay Zoning District and the Mineral Excavation overlay <br />Zoning District. <br />The City Council of the City of Elk River makes the following Findings of Fact: <br />1. The City of Elk River Solid waste Facilities ordinance (SWF ordinance) <br />was initially adapted in 1986. <br />Z. The Elk River Landfill (Landfill) was subsequently zoned into the Solid <br />Waste Facilities overlay Zoning District and a conditional use permit (CUP) for the <br />Landfill was initially approved in 1988. <br />3. Since 1988, the CUP for the Landfill has been renewed and amended 10 <br />times. <br />4. The legal descriptions of the area to be zoned into the SwF overlay <br />District and the area to be covered by the CUP for the Landfill were provided by the <br />Landfill. The legal descriptions covered several parcels and almost two pages of text. <br />The City has always assumed that the descriptions provided by the Landfill covered the <br />entire Landfill property. <br />5. In connection with the recent litigation regarding the Landfill's application <br />to expand onto the Tiller property, the Landfill is taking the position that their entire <br />property is not within the SwF overlay District. If this were true, the Landfill has <br />deposited solid waste outside the SwF overlay District, which is illegal under the City's <br />Zoning and SwF ordinances. <br />6. In order to eliminate the possibility of a gap in the SwF zoning of the <br />Landfill property, to implement the intent that the entire Landfill property be zoned SWF <br />Overlay District, and to bring the Landfill into compliance with the City zoning and <br />SWF ordinances, the City has determined to zone the entire Landfill property into the <br />SwF overlay District and the ME overlay District <br />