5.5. PCSR 03-09-2010Facilities 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
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,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
Case bile oA 1d-Q1
Page 2
Buffer ordina~.ce
~x~inan~e .b~ considering amendments to Chapters ~~ and 5~ of the Elk Fti.ver City Code.
Therefore, City staff has prepared the attached ordinance amendment for consideration by the
Planning Comn~.ission and recommends that the Planning Commission recommend to the City
Cecil that .the. ~.m.endment be adopted.
~, _ _ ~
® Draft Qrdinance
Letter to I~eh Ialters advising the Landfill that the ~'lanning Commission and City Council mill
consider this amendment,
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FINDINGS OF FACT
The City Council of the City of Ells River mares the following Findings of Fact:
1. The City of Ells River Solid waste Facilities Ordinance SwF Ordinance} was
initially adopted in 1986.
2. Since adoption of the SwF Ordinance in 198, Solid waste Facilities,
including sanitary landfills, have been required to be located witlai~.a the Cit~l's Solid waste
Facilities Overlay Zoning District,
3. The I~ll~ River Landfill. Landfill} was rezoned to the Solid waste Facilities
Overlay Zoning District in 198G, and a conditional use permit SCUP} for the Landfill was
initialler approved in 19 8 $,
times.
4. Since 1958, the CUP for t11e Landfill has been renewed and amended 10
5. Begha.nh~.g with approval of the original CUP for the Landf.~.l., through all of
the renewals and amendments, it has been understood that the 2o0~foot buffer zone
provided for in the CUP has been required to be located on Landfill property within the
Solid waste Facilities Overlay Zoning District.
6. The Zoo-foot buffer zone on the east, west, and south sides of the Landfill
has always been located on Landfill property within the Solid Taste Facilities overlay
Zoning District.
7. Since its adoption in 1980, the S~1F Ordinance, now incorporated in
Chapters 3o and 58 of tl~e Ells River City Code, has included a definition of Solid waste
Facilities which defines Solid waste Facilities as "all property, real or personal .. ,needed or
useful for the processing or disposal of solid waste , .. ,"
8. This definition of Solid Taste Facilities has always been interpreted to
include all components necessar~r for the operation of a Solid Taste Facility, including
required buffer areas and buffer zones.
1
9. Therefore, the City Council finds that the defin.itian of Solid Taste Facilit~~ in
Cl~.apters 30 and 5S of the Ells River City Code does, and always has, included required
buffer areas and buffer zones and that, tl~.erefore, required buffet areas and buffer zones are
required by the current City Code to be located within. the Solid Taste Facilities Q~rerlay
Zoning District.
10. Notwithstanding die language of the City Code requiring that all propert~r
needed or useful for the processing or disposal of solid waste be located within the Solid
waste Facilities Overla~r Zoning District, and its 22-year l~istor~r of complying wit11 this
.requirement, Ells River Landfill is now taking the position that the City's SWF ordinance is
ambiguous and that required buffer areas or buffer zones are not req~.ured to be located
within the Solid Waste Facilities overlay Zoning Dist~.•ict.
1 ~ , In light of this new position by the Landfill, the City Council finds it
appropriate to reaff:~~~. the intent of the 5~1F ordinance that all components of a Solid
Taste Facility be located within the Solid waste Facilities overlay Zoning District, including
buffer areas and buffer zones, by adopting appropriate amendments to Chapters 30 and 58
of the Elk Rivet City Code.
ORDINANCE
THEREFaRE, the City Council of t11e City of Ells River does hereby ordain as
follows:
Section 1. That Sections 30T1 and 5891 of the Ells River City Code shall be amended by
revising the first sentence in the definition of "Solid Waste Facility" to ~•ead as follows:
Solid Taste Facility means all property, zeal or personal, including negative and
positive easements, water and ah• rights, all storm water management facilities,
and all buffer areas or buffer zones, which are or nay be required, needed or
useful for the processing or disposal of waste and for which processing or
disposal of waste a license is required under the provisions of this Code.
Section 2. That Section 301 S34 of the Ells River City Code, entitled SWF "Solid Taste
Facility overlay District," shall be amended by adding new subsection ~e} thereto, which
sl~.all read as follows:
~e} Solid Waste Facilities restricted to SwF -Solid Taste Facilities C}verlay
District. No Solid Taste Facility, including any portion of a Solid waste
Facility, any easements, water or air rights, all storm water management facilities
and all buffer areas or buffer zones required, needed or useful for the
establishment and/or• operation of the Solid waste Facility, shall be located or
operated in the City except in those areas of the City located within the SwF --
Solid Taste Facilities Overlay Zoning District.
Section 3. That Section 500-100 fib} of d1e Ells River City Code, entitled "Location of Solid
Waste Facilities," shall be amended to read as follows:
2
~b~ Location of Solid waste Facilities. No Solid Taste Facilit~T, iia.cludi~.~g any
portion of a Solid Taste Facility, any easements, water or ah• rights, all storm
water management facilities and all buffer areas or buffer zones required, needed
or useful for the establish~.nent and/or operation of the Solid waste Facility,
shall be located or operated in the City except in those areas of the City located
within the SwF -Solid waste Facilities overlay Zanitlg District,
Section 4. That Section 58-171 of the Ells River City Code, entitled "Prohibited Areas," shall
be amended by adding new subsection ~S~ thereto, which shall ~.•ead as follows:
~8} 20o feet from the nearest propert~~ which is not located within the SwF -Solid
waste Facilities overlay Zoning District.
Section 5. That this Ordinance shall tale effect upon publication as provided bylaw.
Passed and adopted by the Cit~l Council of the Cit~l of Ells River on March 1 ~, 210.
C~T'Y CAF ELF AVER.
By'
Stephanie r~linzing
Zts; Mayor
~y:
Tina Allard
Its: Cit~T Clerl~
Gl':2734899 ~~~
3
3 d
Elk~~
River
~30G~ Orono Parkwa},
EIkR~vor, MN X5330
~~arch 2, ?D10
~~s, Deb ~laltexs
~,rraste ll~anagement inc~
224G0 I~~gl~wa~r ~ G9 Nw
Elk. Ri~rex, NxN 5 5 3 3 0
Re. C~tdinance Amendrn.ent Regarding Buffer Area Requirement
Dear Deb,
Fox o~Tex two decades both the active area of die landfill and dae buffer axea required b~~ state
law and i~r~ the Land's Conditional Use Permit have been located wid~in the boundaries of
th.e Cit~r's Solid Taste Facilities ~verla~r Zoning District, It has aiwa~rs been. the Cit~r's ~T~eu~
that both the acti~re axea and the required buffex axea axe pans of the Solid ~,r~aste Facilit~T
~~rithin dae ~neani~.g of the Cit~r Code, and that all pans of a Solid Taste Facilit~T must be
located within dae Saud haste Facilities ~~rerla~r Zoning District,
Notv~ridastanding die language of die Cit~T Code xequiri~a.g that all propext~t needed ox useful
for the processing ox disposal of Solid haste be located Within. die Solid ~ilaste Facilities
~~rerla~f Zoning Dist~~ict, and its 22 gear lustor~~ of ca~rapl~ring with dais requi~e~nent, Elk
Ri~ret Landfill has tal~en d~.e position., ~. a ~anuax~T 2S, 2010 letter to Cllr staff and ~.
subsequent pleadings ~ Sherburne Counter D~str~ct Court, that the Cit~r's Solid Taste
Facilities Qxdinan.ce is ambiguous and requited buffex areas ox buffex zones axe not required
to be located u~ith~a die Solid ~r~aste Facilities ~~rerla~~ Zani~~g District. The Cit~r Council
considered this position in. the course of appr~o~r~.ag a renewed and amended conditional use
per~~it and license fox the Landfill on. Febx~uar~r ~G, 20i0, and found d-~.at die 200 foot buffex
zone required b~T State law is an integral part of doe Solid ~ilaste Facilit~r wl~.ch is a Landfill
and that, therefore, required buffex areas and buffex zones axe requited bar die current Clt~r
Code to be located ~~rithin die Solid ~~aste Facilities ~~rerla~r Zoning District,
In light of the Landfill's near positi.an regarding buffex areas, Ci~T staff feels it would be
appxQpriate fog the Planning Coxn.mission and Cit~r Council to address the intent of die Solid
~~~aste Facilities ordinance b~- considering amendments to Chapters 30 and 58 of doe Elk
Ri~rer City- Code, Therefore, City- staff leas prepared the enclosed orditaance a~xaendments fat
~'hane; 7G3,G~~,~O~~
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www.ci,elk-river,mn,us
I)cb l~~al tors
~1•jlll'C~l ~? ~(~1(a
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co~~s~de~a~ion U~, ~l.~c ~'~annita.g Co~rllni.ss~o~1 at d.~e~ ~a~eetit~g o~~ I1~aich 9, ?off o a~~c~. b~° ~~e
C~t~~ Counc~.I at its n~ee:~ing on I~~ai~ch 16, Zoe (~.
C~t~~ staff is ~aot c~ea~, ~io~.n ~~e recent a~~~icattons ~o~ CUP af~~c~tadn~e~~ts su~~n~tted bar the
Landf".d~ and T.dl.e~ Co~~otation, whct~:~.e~ the La~~c~f~ll ~.tc~-~ds to o~ has olata.~~.ed e~~.~.e~
additio~aal piope~t~, o~ easement ~igllts fion~: Tdle~, ~ ~o~ve~Te~, ~~r~ aye ~~~-o~~id~~.g ~rou. ~v~th
ad~ra~~ced nonce of the ~~a~o5ed o~da~.~ance a~a~endi.~.~.ents so that ~Tou can cons~de~ the
~~ass~b~lit~r of adop~on of these a~nend~nents ~. dete~n~.~.ing ~whetl~.e~ and when to acq~.~e
and, additional p~ope~t~r inte~:ests from T~1].e~,
Please contact ine if ~~ou ha~re a~.~~ quest~.o~a.s.
~re~`~r tlul~r ~rou~s,
Rebecca Haug
~n.~r~o~~ne~atal Admi~.s~:ato~
~l'.?7~7~~82 c1