title
SETTLEMENT AGREEMENT AND CONSENT ORDER CONCERNING THE LAND APPLICATION OF BIOSOLIDS AT WHISTLING PINES RANCH (B)
recommendation
The City Commission 1) hear a presentation from staff; 2) approve the withdrawal of the application for Special Exception; 3) approve the Settlement Agreement and Consent Order; and 4) authorize the Mayor to execute and the Clerk of the Commission to attest the Settlement Agreement and Consent Order.
explanation
STAFF REPORT
Brief Explanation
At the City Commission Meeting on December 16, 2010, GRU staff updated the Commission on the status of its application to the County for a Special Exception to continue the land application of biosolids at Whistling Pines Ranch near Archer. As briefly presented (and as described in the background section below), the County and City staff are in disagreement as to the applicability of the County Code to the biosolids application, with City staff being of the opinion that the biosolids application is a vested, legal non-conforming use and County staff being of the opinion that the use now requires a special exception with conditions that are, in GRU's analysis, onerously restrictive to operations. The conditions would make the continued use of the site for biosolids application cost prohibitive. As presented at the December 16, 2010 City Commission Meeting, in order to allow City and County staff to consider alternative solutions, the County Commission, at its meeting on December 14, 2010, deferred the hearing on the Special Exception until February 22, 2011.
After much analysis and discussion, City and County staff recommend that their respective Commissions approve a Settlement Agreement and Consent Order in order to avoid the expense, delay and uncertainty of imminent code enforcement proceedings and litigation between the two governments.
The Settlement Agreement and Consent Order will allow for voluntary amortization of the City's use. Under the terms and con...
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