VI.6. Adopt Resolution 14-056, Approve a Comprehensive Plan Amendment from Open Space to Closed Landfill Restricted DistrictOctober 1, 2014 A:a Council Report 14-105
COMPREHENSIVE PLAN AMENDMENT – FORMER LANDFILL
Proposed Action
Stall.' recommends the following motion: Move to adopt Resolution 14--56, approving a
Comprehensive Plan amendment frorn Open Space to Closed Landfill Restricted District.
At the Zoning and Planning meeting, Mr. Tait moved and Mr. McNeil seconded the motion
to adopt Resolution RZ14-9, recommending approval of a Comprehensive Plan amendment
from Open Space to Closed Landfill Restricted District. The motion was approved
unanimously.
Overview
The former landfill in south Hopkins is owned by the City, but controlled by the Minnesota
Pollution Control Agency (MPCA). The MPCA has contacted the City and is requiring that
the City change the Comprehensive Plan and zoning to Closed Landfill Restricted District.
This zoning is to assure that only uses approved by the MPCA can be constructed on the
former landfill. In this case, because the landfill encompasses the entire lot, almost nothing
can be constructed oil the lot. In some cases a landfill itself encompasses only a portion of
the area and other passive uses would be allowed by the MPCA,
Pi-inim-1, Issues to Consider
• How has the Comprehensive Plan designated the Subject site?
• What is the difference between the Open Space and Closed Landfill designation?
Supporting Documents
0 Analysis of Issues
0 Cornprehensi',7ePlan
0 Resolution 14-56
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I _
Nancy ) Anderson, AICP
City Planner
Financial Impact: $ N/A —Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR14-105
Page 2
Primary Issues to Consider
0 How has the Comprehensive Plan designated the subject site?
The Comprehensive Plan has designated the site as Open Space. There is a requirement that
the Comprehensive Plan and zoning be consistent. With the proposed zoning change, the
zoning and the Comprehensive Plan designation will be consistent.
0 What is the difference between the Open Space and Closed Landfill?
,The Closed Landfill designation will allow only very limited uses on the landfill. The Open
Space designation could imply that there could be a park or some other recreation use, which
the MI)CA will not allow.
0 What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendment and why we are required to amend the
Comprehensive Plan. Pat Butler appeared at the public hearing. Ms. Anderson stated that
the amending of the Comprehensive Plan will not change the use of the landfill.
Alternatives
1. Approve the Comprehensive Plan amendment. By approving the Comprehensive Plan
amendment, the Comprehensive Plan will be amended.
2. Deny the Comprehensive Plan amendment, By denying the comprehensive plan
amendment the Comprehensive Plan will not be amended. If the zoning is changed
and the Comprehensive Plan amendment is not approved, the zoning and
Comprehensive Plan will not be consistent.
3. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
RESOLUTION NO. 2014-056
MOURN is MMO W1 r*1 0 1,001110,111101VERNINKIF
WHEREAS, an application for Zoning Amendment ZN14-5 has been initiated by the
City of Hopkins;
WHEREAS, the procedural history of the application is as follows:
I That an application for a Comprehensive Plan amendment was initiated by
the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
and published notice, held a public hearing on the application and
reviewed such application on August 26, 2014, and September 30, 2014:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered; and
4. A legal description of the subject property is as follows:
Parcel I (Property ID 25-117-22-32-0067):
Outlot B, WESTBROOK PATIO HOMES, Hennepin County,
Minnesota
Parcel 2 (Property ID 25117-22-32-0070):
That part of the South Half of Section 25, Township 117, Range
22, described as follows:
Commencing at the point of the intersection of the North line of
said South Half of said Section 25 with the Southeasterly right-of-
way; thence Southwesterly along said Railroad right-of-way line a
distance of 200 feet; thence at right angles Southeasterly a distance
of 150 feet; thence Northeasterly at right angles a distance of 200
feet; thence northwesterly in a straight line to the point of
beginning
Parcel 3 (Property ID 25-117-22-32-0091:
That part of the South Half of Section 25, Township 117, Range
22, as describe(] as follows:
Commencing at the point of intersection of the north line of said
South Half with the Southeasterly right-of-way line of the Chicago,
Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly
along said Southeasterly right-ol-way line a distance of 200 feet to
the point of beginning of the land to be described: Thence
Southeasterly at right angles to said right-of-way line a distance of
150 feet; thence Southwesterly parallel to and 150 feet
Southeasterly of said Southeasterly right-of-way Railroad line to
the West line of said Section 25; thence North along said Section
line to its intersection with the said Southeasterly right-of-way line
of said Railroad; thence Northeasterly along said Southeasterly
right-of-way Railroad line to the point of beginning.
Together with a nonexclusive easement for road purposes, over,
across and upon the following described premises:
That part of the South Half of Section 25, Township 117, Range
22, described as follows: The southeasterly 66 feet of the
Northwesterly 216 feet of that part of the South Half of said
Section 25 lying Southeasterly and parallel with the Southeasterly
right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific
Railroad.
Parcel 4 (Property ID 25-117-22-32-0092):
That part of the Northwest Quarter of the Southwest Quarter of
Section 25, Township 117, Range 22 lying south of the Chicago,
Milwaukee, St. Paul and Pacific Railway and EXCEPT the North
33 feet of the East 531.74 feet thereof.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range
22, as described as follows:
Commencing at the point of intersection of the north line of said
South Half with the Southeasterly right-of-way line of the Chicago,
Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly
along said Southeasterly right-of-way line a distance of 200 feet to
the point of beginning of the land to be described; Thence
Southeasterly at right angles to said right-of-way line a distance of
150 feet; thence Southwesterly parallel to and 150 feet
southeasterly of said Southeasterly right-of-way Railroad line to
the West line of said Section 25; thence North also said Section
line to its intersection with the said Southeasterly right-of-way line
of said Railroad; thence Northeasterly along said Southeasterly
right-of-way Railroad line to the point of beginning.
ALSO EXCEPT:
Cornniencing at the point of the intersection of the North line of
said South Half of said Section 25 with the Southeasterly right-of-
way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad
right-of-way; thence Southwesterly along said Railroad right-of-
way, thence Southwesterly along said Railroad right-of-way line a
distance of 200 feet; thence at right angles Southeasterly a distance
of 150 feet; thence Northeasterly at right angles a distance of 200
feet; thence Northwesterly in a straight line to the point of
beginning.
ALSO EXCEPT:
That part of the East 195 feet of the Northwest Quarter of the
Southwest Quarter of Section 25, Township 117, North, Range 22
West of the Fifth Principal Meridian, which lies south of a line
33.00 feet south of measured at right angles to and parallel with the
north line of the Northwest Quarter of the Southwest Quarter of
said Section 25.
NOW, THEREFORE, BE IT RESOLVED that the application for Comprehensive
Plan Amendment ZN 14-5 is hereby approved based on the following Findings of Fact:
I That the amendment to the Comprehensive Plan will make the zoning
and the land use plan consistent.
BE IT FURTHER RESOLVED that application for Comprehensive Plan Amendment
ZN14-5 is hereby approved based on the following conditions:
1. That the Metropolitan Council approves the proposed amendment.
Adopted by the City Council of the City of Hopkins this 7"' day of October 2014
ME
ATTEST:
Amy Domeier, City Clerk
Eugene J. Maxwell, Mayor
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Figure 4.2 - Land Use Plan
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Figure 4.2 - Land Use Plan
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