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ORD 10-02Ordinance No. 10 -02 CITY OF ELK RIVER An Ordinance of the City of Elk Jiver amending Chapters 30 and 58 of the Ells Jiver, Minnesota, City Code to Reaffirm that Required Buffer Areas and Buffer Zones for Solid waste Facilities Must be Located within the Solid waste Facilities overlay Zoning District. FINDINGS of FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid waste Facilities ordinance (SWF ordinance) was initially adopted in 1986. 2. Since adoption of the SwF ordinance in 1986, Solid waste Facilities, including sanitary landfills, have been required to be located within the City's Solid Waste Facilities overlay Zoning District, 3. The Elk River Landfill (Landfill) was rezoned to the Solid waste Facilities overlay zoning District in 1986, and a conditional use permit (CUP) for the Landfill was initially approved in 1988. 4. Since 1988, the CUP for the Landfill has been renewed and amended 10 times. 5. Paragraph 3 of the CUP requires that a Duffer zone be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the North side. within this Buffer Zone, no waste disposal may occur. 6. Minnesota Rules, Part 703 5.2 815, subp. 5(c), also provides that any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Landfill, through all of the renewals and amendments, it has been understood that the 200 -foot Buffer Zone provided for in the CUP has been required to be located on Landfill property, as required by Minnesota Rules, and within the Solid waste Facilities overlay zoning District. 8. The 200-foot Buffer zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facilities Overlay zoning District. This Buffer zone is used exclusively for Landfill purposes, such as screening, service roads and other infrastructure. It is not available for development for any other use. 9. Allowing areas zoned and designated in the City's Comprehensive Plan for uses other than Solid Waste Facilities to be used to satisfy the Buffer .Zone requirement for a Solid waste Facility would be inconsistent with the City's Comprehensive Guide Plan because designating those areas as buffer zones impairs or prevents their development for uses consistent with a Comprehensive Plan. 10. The City has not allowed other types of setback requirements to be satiufied by acquiring interests in adjoining property that is located in a different zoning district, so as to allow development up to the zoning and property lines. Not allowing such an approach results in a more consistent application of planning and zoning principles throughout the City. 11. Since it's adoption in 1986, the SwF Ordinance, now incorporated in Chapters 30 and 58 of the Elk 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 12. This definition of Solid waste Facilities has always been interpreted to include all components necessary for the operation of a Solid waste Facility, including required buffer areas and buffer zones, except facilities or equipment which must, by necessity, be located off -site, such as wells required to monitor a Facility's off-site impact on groundwater. 13. Therefore, the City Council finds that the definition of Solid waste Facility in Chapters 30 and 58 of the Elk River City Code does, and always has, Included required buffer areas and buffer zones and that, therefore, required buffer areas and buffer zones are required by the current City Code to be located within the Solid Waste Facilities overlay Zoning District. 14. Notwithstanding the language of the City Code requiring that all property needed or useful for the processing or disposal of solid waste be located within the Solid waste Facilities overlay Zoning District, and its 22 -year history of complying with this requirement, Elk River Landfill, in a letter to City Staff dated January 28, 2010, and in subsequent pleadings and arguments made to the Sherburne County District Court, is 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. 15. In light of this new position by the Landfill, the City Council finds it appropriate to reaffirm the intent of the SwF Ordinance that all components of a Solid Waste 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 Ells River City Code. 2 ORDINANCE THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Sections 30-1 and 58-91 of the Ell{ River City Code shall be amended by revising the first sentence in the definition of "Solid waste Facility" to read as follows: Solid waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or may 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 30 -1834 of the Elk River City Code, entitled SwF "Solid Waste Facility Overlay District," shall be amended by adding new subsection (e) thereto, which shall read as follows: (e) Solid waste Facilities restricted to SwF — Solid waste Facilities Overlay District. No Solid waste 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, with the exception of facilities necessary for monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SwF — Solid waste Facilities Overlay Zoning District. Section 3. That Section 58 -100 (b) of the Elk River City Code, entitled "Location of Solid waste Facilities," shall be amended to read as follows: (b) Location of Solid waste Facilities. No Solid waste 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, with the exception of facilities necessary for monitoring the offsite impacts of the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SwF -- Solid waste Facilities Overlay Zoning District. Section 4. That Section 58 -171 of the Elk River City Code, entitled "Prohibited Areas," shall be amended by adding new subsection (8) thereto, which shall read as follows: (8) 200 feet from the nearest property which is not located within the SwF - Solid Waste Facilities overlay Zoning District. 3 Section 5. That this Ordinance shall tale effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River on March 15, Zolo. GP :2734899 0 CITY of ELK RIVER By: Ste ani e Ill inzing Its: Mayor By: Tina Allard Its: City Clerl- 11 Ordinance No. 10.02 CITY OF =X RNER An Ordinance of the City of Elk River amending Chapters AO. and 58 of the Elk River, nesota,:City Code to Reaf- .n that Required Buffer .fleas and Buffer Zones for Solid Waste Facilities Must be Located Within the Solid Waste Facilities Overlay Zoning Dis- trict. 1. 1 FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid Waste Facilities Ordinance (SWF Ordinance) was initially adopted in 1986. 2. Since adoption of the SWF Ordinancein'1986, Solid Waste Facilities, including sanitary landfills, have been required to be located within the .City's Solid Waste Facilities Overlay Zoning D,i0xiet, _. _.. ,., 3. The Elk River Tandfill (Landfill) was rezoned to the Solid Waste Facilities Overlay Zoning District in 1986, and a conditional use permit (CUP) for the Landfill was initially approved in 1988. 4. Since 1988, the CUP for the Landfill has been renewed and amended 10 times. 5. Paragraph 3 of the CUP requires that a Buffer Zone be established within the perim- _&ter of the Landfill Property ,und the waste disposal .as of not less than 200 feet, except on the North side. Within this Buffer Zone, no waste disposal may occur. 6. Minnesota Rules, Part 7035.2815, subp. 5(c), also pro- vides that any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Land- fill, through all of the. renewals and amendments, it has been understood that the 200 -foot Buffer Zone provided for in the CUP has, been required to be located on Landfill property, as required by Minnesota Rules, and within the Solid Waste Facilities Overlay Zoning Dis- trict. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaperhas complied with all ofthe requirementsconstituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Ordinance No. 10 -02, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 27th day of March, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 27th day of March, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwxyz �f l�"� �' 1`Z,i' ✓�� Office Manager _ F - -i Subscribed and sworn to before me on SHELLY RAE WESTOVER x NOTARY PUBLIC this 27th day of March, 2010: MINNESOTA "' "" MY Commission Expires Jan. 31, 2015 Notary Public RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,123,866 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) 8. The 200 -foot Buffer Zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid Waste Facili- tiil Overtuy Zoni* Vistrict. s3wti�•iNitr'9.,aa�l� �pwru psurss, Istd oRhW:, 1r Uis wot available for development any other use. �. Allowing areas zoned and designated in the City's Com- prehensive Plan for uses other than Solid Waste Facilities to be used to satisfy the Buffer Zone requirement for a Solid Waste Facility would be incon- sistent with the Citys Compre- hensive Guide Plan because designating those areas as buffer zones impairs or pre- vents their development for uses consistent with a,Compre- hensive Plan. 10. The City has not allowed -*her types of setback require - nts to be satisfied by .quiring interests in adjoin - 'joperty that is located in a iliffereat zoning district, so as to allow development up to the zoning and property lines. Not allowing such an approach results in a more consistent application of planning and zoning principles throughout the City. 11. Since it's adoption in 1986, the SWF Ordinance, now incorporated in Chapters 30 and 58 of the Elk 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 ... . 12. This definition of Solid Waste Facilities has always been interpreted to include all components necessary for the operation of a Solid Waste Facility, including required buffer areas and buffer zones, except facilities or equipment which must, by necessity, be located off -site, such as wells required to monitor a Facility's off -.site impact on groundwater. 13. Therefore, the City C- -•acil finds that the i ition of Solid Waste F u -. -Aty in Chapters 30 and 58 of the Elk River City Code does, and always has, included required buffer areas and buffer zones and that, therefore, required buffer areas and buffer zones are required by the current City Code to be located within the Solid Waste Facilities Overlay Zoning District. 14. Notwithstanding the language of the City Code requiring that all property needed or useful for the processing or disposal of solid waste be located within the Solid Waste Facilities Overlay Zoning District, and its 22 -year history of complying with this requirement, Elk River Landfill, in a letter to City Staff dated January 28, 2010, and in subsequent pleadings and arguments made to the Sherburne County District Court, is 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. 15. In light of this new position by the Landfill, the City Council finds it appropriate to reaffirm the intent of the SWF Ordinance that all components of a Solid Waste Facility be located within the Solid Waste Facilities Overlay Zoning District, including buffer areas and buffer zones, by adopting a )priate amendments to era 30 and 58 of the Elk River City Code. . ORDINANCE THEREFORE, the City Council of the City of Elk River does hereby ordain as follows: Section 1. That Sections 30 -1 and 58 -91 of the Elk River City Code shall be amended by revising the first sentence in the definition of "Solid Waste Facility" to read as follows: Solid Waste Facility means all property, real or personal, including negative and positive easements, water and air rights, all storm water management facilities, and all buffer areas or buffer zones, which are or may 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 30 -1834 of the Elk River City Code, entitled SWF "Solid Waste Facility Overlay District," shall be amended by adding new subsection (e) thereto, which shall read as follows: (e) Solid Waste Facilities tricted to SWF - Solid Waste .ilities Overlay District. No oolid Waste 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, with the exception of ° cilities necessary for aitoring the offsite impacts . the facility on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 3. That Section 58 -100 (b) of the Elk River City Code, entitled "Location of Solid Waste Facilities," shall be amended to read as follows: (b) Location of Solid Waste Facilities. No Solid Waste Facility, including any portion of a Solid Waste Facility, any easements, water or air rights, all storm water maAaglument facilities and all kd er ssi , . ear buffer sasses regnivid, nos, " or useful for the estsbliabsmot aa&er, a�peratioa of the Solid Waste FFacility, with t -Ise exception of facilities necessary for monitoring the offsite impacts of the facility .on ground and surface water, shall be located or operated in the City except in those areas of the City located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 4. That Section 58 -171 of the Elk River City Code, r "fled "Prohibited Areas," be amended by adding now subsection (8),thersto, which shalt read as follows: (8) 200 feet from the nearest property which is not located within the SWF - Solid Waste Facilities Overlay Zoning District. Section 5. That this Ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River on March 15, 2010. CITY OF ELK RIVER By: Stephanie Minzing By: Tina Allard Mayor City Clerk (Mr27)