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VI.7. Adopt Resolution 14-057, Approving Ordinance 14-1077. Rezoning the Former Landfill from I-1 Industrial to Closed Landfill Restricted District for First ReadingOctober 1, 2014 I N WAIX11 liklum 2W nfftx��� Council Report 14-106 Proposed Action Staff reconuriends the following motion: Move to adopt L L Resolution 14-57, a u _L)rovin.&, Ordinance 14-1077, rezoning the former landfill from 1-1 Industrial to Closed Landfill Restricted District for first readiner. At the Zoning and Planning meeting, Mr. McNeil moved and Mr. Tait seconded a motion to adopt Resolution RZ14-10, recommending approval of Ordinance 14-1077, rezoning the former landfill from 1-1 Industrial to Closed Landfill Restricted District. The motion was approved unanimously. Overview The 1'orrner 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 on the lot. In some cases a landfill itself encompasses only a portion of the area and other passives uses are allowed by the MPCA. Primal -y Issues to Consider 0 What is the Comprehensive Plan designation, and what is the zoning of the subject site? What does the Closed Landfill Restricted zoning allow? Should the site be rezoned from 1-1, Industrial, to Closed Landfill Restricted District? 0 What was the discussion at the Zoning and Planning ii-ieeting? Sti �))qr�tinv D�octnn�ents Analysis of Issues Resolution 14-57 Ordinance 14-1077 Closed landfill use plan Nancy Anderson, AICP City Planner Financial Impact: $ N/A —Budgeted: Y/N — Source: Related Documents (CIP, ERP, etc.): Notes: CR14-106 Page 2 Primary Issues to Consider. What is the Comprehensive Plan designation, and what is the zoning of the subject site? The Comprehensive Plan has designated the site as Industrial. The site is zoned 1-1, Industrial. The Comprehensive Plan designation and zoning will be changed. 0 What does the Closed Landfill Restricted District zoning allow? The Closed Landfill Restricted District will allow small buildings for the gas extraction systems, monitoring wells, walking paths, solar collection systems and bulk collection. Should the site be rezoned from 1-1, Industrial, to Closed Landfill Restricted District? The Minnesota Pollution Control Agency (MPGA) requires that cities with landfills amend their zoning ordinances to this zoning. The zoning assures that only approved uses by the MPCA will be constructed on former landfills. 0 What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed rezoning. No one appeared at the public hearing regarding this item. Alternatives. 1. Approve the rezoning. By approving the rezoning, the landfill will be rezoned to Closed Landfill Restricted. 2. Deny the rezoning. By denying the rezoning, the landfill will not be rezoned. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that ffirther information is needed, the item should be continued. CITY OF HOPKINS ff E j kj I u —m -i Li—CS Ly., T RESOLUTION NO. 2014-057 WHEREAS, an application for Zoning Ainendment ZN14-6 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: I . That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on August 26, 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, 4. The legal description of the 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 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 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: 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 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 lie point of beginning. 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 Zoning Amendment ZN 14- 6 is hereby approved based on the following Findings of Fact: 1. That the rezoning is required by the Minnesota Pollution Control Agency, 2. That the zoning and Comprehensive Plan will be consistent. Adopted by the City Council of the City of Hopkins this 7"' day of October 2014. 0 ATTEST: Amy Domeier, City Clerk Eugene J. Maxwell, Mayor CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2014-1077 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515-570 be, is the same and is hereby amended by adding the following underlined language, which reads as follows: Section 544 — Zoning: Closed Landfill Restricted District — CLR 544.01. Purpose. The Closed Landfill Restricted (CI.R) District is intended to apply to former landfills that are qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPGA). The purpose of the district is to limit uses of land within the closed landfill, both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place and, at the same time, are protective of human health and safety. This district shall only apply to the closed landfill's Land Management Area, the limits of which are defined by the MPGA. This district shall ai)t)lv whether the landfill is in public (MPGA, County, City, Township), Indian tribal, or private ownershilL. For purposes of this ordinance, the Land Management Area for the Hopkins landfill, a qualified facility under the MPCA's Closed Landfill Program, is described as: Parcel I (Property Id 25-117-22-32-0067): Outlot B. WESTBROOK PATIO HOMES, Hennepin County, Minnesota Parcel 2 (Property ID 25117-22-32-00702 That part of the South Half of Section 25, Township 117 Range 22, described as follows: Cornmencim, at the vint of the intersection of the North line of said South Half of said Section 25 with the Southeasterly right-of-way; thence SouthwesteLly_alon-, 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 , distance of 200 feet', thence northwesterly in a straight line to the point o beginning Parcel 3 (Property ID 25-117-22-32-0091: That part of the Sorlth Half of Section 25. �I'owl7shih 117, Rank 22, as described as follows: Commencin, at the point of intersection of the north line of said South Half with the Southeasterly right-of-wav line of the Chicato, Milwaukee, St. Paul & Pacific Railroad-, thence Southwesterly along said Southeasterly right-of-way line a .distance of. 200 feet to the point of be�innimy of the land to be describe: 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 r�ht-of-Nvav Railroad line to the VA/est line of said Section 25, thence North alorv, said Section line to its intersection with the said SoutheasterIv r4dit-of-wav line o said Railroad; thence Northeasterly along, said Southeasterly right-of-way Railroad line to the point of beginning. Together with a nonexclusive easement for road DUrposesover, 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 wav line of the Chim-yo, 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 1-lalf of Section 25, Township 117, Range 22, as described as follows: Commencim-, 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 aloiwy said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be describe, 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 o said Railroad, thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. ALSO EXCEPT': Commencim,, at the point of the intersection of the North line of said South I lalf of said Section 25 with the Southeaster r4a),ht-of-wav line of the Chicago.., Milwaukee, St. Paul and Pacific Railroad ri,(,,ht-of-Nvay, thence SOLItlj�� 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 aLjjghLqngles a distance of 200 feet, thence ^ Northwesterly in a straight line to the )oint of ALSO EXCEPT: That part of the East 195 feet of the Northwest QUarter of the Southwest Quarte Principal withinof Section 25. Township 117 North, Range 22 West of the Fifth 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 Norwest Quarter of the Southwest Quartei of said Section 25. 544.02. Pemiitted Uses. The following uses are permitted l. Closed landfill 544.03. Accessory Uses. Accessory Lises allowed in this district continue equipment or small buildings used in concert with gas extraction systems, other response action systems, monitoring wells or any other equipment designed to protect, monitor or otherwise ensure the inteuitv of the landfill monitoring or improverrient systems. Fences and �-lates shall ap I)[ Under these provisions. 544.04. Conditional Uses. Conditional uses shall be Iiinited to uses that do noLd Lamage Commissionerthe intef-,ritv of the Land Mana�,eiiient Area and that hazards associated with the landfill. the MPCA and the City of Hopkins. Stich a noved use shall not disturb or threaten to disturb, the inte�-Yrity of the landfill cover. liners, anv other components of am, containment system. the function of any monitoring system that exists u )on the described property. or other areas of the Land Management Area that the Commissioner of the MPCA deems necessary for future response actions. SUbd. 3. The following conditional uses are permitted within the CIA District: 1. Solar collection system 2. 3. Bulk Drop—offomrations 544.05. Prohibited Uses and Structures. 1. All other uses and structures not specifically allowed as conditional uses, or that cannot be considered as accessory uses. shall be prohibited in the CLR District. F. Any amendment to this ordinance must be approved by the Commissioner of the MIICA and the City of HODkins. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Ln Date October 7, 2014 October 21, 2014 October 30, 2014 October 30, 2014 Eugene J. Maxwell, Mayor R4 -D City of Hopkins Zoning Map ZONING DISTRICTS R -1-A S114GLE A14D TWO FAMILY HIGH DENSITY I R -1-B SINGLE FAMILY HIGH DENSITY R -1-C SINGLE FAMILY MEDIUM DENSITY R -1-D SINGLE FAMILY LOW DENSITY R -I -E SINGLE FAMILY LOW DE14SITY R-2 LOW DENSITY MULTIPLE FAMILY R -3 MEDIUM DENSITY MULTIPLE FAMILY R-4 MEDIUM HIGH DENSITY MULTIPLE FAMILY R-5 HIGH DENSITY MULTIPLE FAMILY R-6 MEDIUM DENSITY MULTIPLE FAMILY B-1 LIMITED BUS141ESS B-2 CENTRAL BUSINESS B-3 GENERAL BUSINESS B-4 NEIGHBORHOOD BUSINESS 1-1 INDUSTRIAL 1-2 GENERAL INDUSTRIAL BUSINESS PARK INSTITUTIONAL MIXED USE 850 1,700 3,400 5,100 6,600 ml[� —7777mommommmummmam Feet ji� Minnesota Pollution Control Agenc F "I'll -I TABLE OF CONTENTS PAGE NO. INTRODUCTION....................... ..................................................................................................................... 1 SITE LOCATION AND DESCRIPTION ..................................... ............................................................. ........... 2 GROUNDWATER AND METHANE GAS AREAS OFCONCERN ........................................................................ Z CURRENT ZONING/LAND USE PLAN FOR THE LK4A............................................................................. ........ 3 DECLARATIONS OFRESTRICTIONS AND COVENANTS ................................. ................................................. 4 STATE BOND FINANCED PROPERTY .............................................................................................................. 4 k4P[A'SLAND USE PLAN FOR THE LIVIA........................................... ............................................................ 4 DISCUSSION/CONCLUSIONS ................................................................................................. ...................... S DISCLAIMER............................................... ...... -.................................................................. ....................... G APPENDIX A: MINN. STAT. §6I158.4l2,SU@D.4AND 9 APPENDIX B: SITE LOCATION MAP -HOPK|N5LANDFILL APPENDIX C: LAND MANAGEMENT AREA -HOPK|NSLANDFILL APPENDIX D: LEGAL DESCRIPTION OFHOPK|NSLANDFILL LAND MANAGEMENT AREA APPENDIX E: GVVAOC-HDPK|NSLANDRLL APPENDIX F: K4GAO[-HOPK|N5LANDFILL APPENDIX G:CLOSED LANDFILL MANAGEMENT USE -H0PK|NSLANDFILL APPENDIX H: ALTERNATIVE ENERGY USE -HOPK|NSLANDFILL APPENDIX 1: PUBLIC TRAIL USE -HOPK|N5LANDFILL APPENDIX J: BULK DROP-OFF OPERATIONS USE -HOPK|NSLANDFILL APPENDIX K: CLOSED LANDFILL RESTRICTED ZONING ORDINANCE TEMPLATE HDPNNSiANDF|LL INTRODUCTION |n1994 the Minnesota Legislature adopted the Landfill Cleanup Act (L[A)(yWinn.Stat. 11SB.39- 11SB.4S)which created the Closed Landfill ProQom([LP). Under the CLP, the Minnesota Pollution Control Agency (MPCA) is responsible for the cleanup and long term care of 112 closed, municipal, solid waste landfills throughout the State. The mission of the CLP is to manage the risk to public health and the environment that is associated with these landfills. Landfill gas migration and groundwater contamination can be serious issues at sorne landfills. These problems can pose a threat to the health and safety of those living or occupying land nearby. |naddition, chemicals leaching from landfills can degrade groundwater and surface water resources surrounding them, The K4P[Aaddresses the risk tmpublic health and the environment atthe dosed landfills by undertaking cleanup actions, operating and maintaining remediation systems (engineered covers, gas -collection and groundwater -treatment systems) and by monitoring groundwater, surface water, and landfill gas. The risk topublic health and safety isalso mitigated bvimplementing land -use controls that minimize public exposure to landfill hazards and protect the state's response action equipment. |nother words, future use of land at and around closed landfills needs to be planned carefully and responsibly. Minnesota Statutes 11513.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each of these landfills and for local government units (LGUs) to make their local land use plans consistent with the K4PCA'splan for the site. Minnesota Statutes 125B.412,6ubd.4requires the K4PCAtoprovide LGUs certain information about the landfill and to incorporate this information in to their local land use planning. These statutes are provided in Appendix A. The MPCA considers these statutory requirements, when put together, as a Closed Landfill Use P|an(CLUP). The purpose, then, for preparing aCLUPfor each landfill isto: 0 protect the integrity of the landfill's remediation and monitoring systerns; m protect humanhealth and public safety ateach landfill; and � accommodate local government needs and desires for land use at the qualified facility with consideration for health and safety requirements. To meet the requirements of subdivision 9 of the statute, LGUs that have land -use authority must make their land -use plans for the landfill consistent with the MPCA's plan for future use of, and obligations for, the facility. One way to accomplish this is for LGUs to make certain that their land -use designations and/or zoning ordinances are compatible with the MPCA's future responsibilities and uses for the Land Management Area. To meet the requirements of subdivision 4 of the statute, LGUs must consider the information about the landfill's contamination and methane gas migration in its land -use planning and also make this information available tmthose that want todevelop the affected property. Also, bGUs may wish to adopt certain land -use controls in order to better protect public health and safety. 1 SITE LOCATION AND DESCRIPTION The Hopkins Landfill (Landfill) is located in the city limits of Hopkins (City), Hennepin County,Minnesota (Appendix B). A landfill's Land Management Area (LIVIA) includes the property described in the Landfill Cleanup Agreement between the MPCA and the landfill owner/operator, and may include adjacent property that contains waste, adjacent buffer property (land acquired for the purpose of restricting use by the public due to landfill gas or groundwater concerns), and adjacent property where response action equipment islocated. Ateminimum, the LK4Awill becomprised ofthe property inthe Landfill Cleanup Agreement. In addition, the LK8A is the property that is Subject to Minnesota Statutes 11513.412, Subd. 9 of the LCA that requires the MPCA to develop a Land Use Plan for the landfill and with which the LGU's land use plan must beconsistent. The Lk8Afor the Landfill consists ofapproximately 34 acres as shown inAppendix Cand legally described inAppendix D. The waste footprint isabout 18acres. The Landfill was permitted in1971and closed in198O. The MPLAand the City entered into aLandfill Cleanup Agreement (L[A)in19B5. Then, in1996,the MP[Atook over responsibility ofthe Landfill when it issued the City a Notice of Compliance. The LIMA property is owned by the City. GROUNDWATER AND METHANE GAS AREAS OF CONCERN Groundwater Area of Concern The Groundwater Area of Concern (GWAOC) is defined as the area of land surrounding a landfill where the presence of activities that require the use of groundwater may be impacted or precluded by contamination from the landfill, or may cause the groundwater flow direction to change thereby impacting the user orothers nearby. The GVVAOCisused toinform the public about the current and potential risks tousers ofgroundwater oontaminatedbythe landfill. |nmost circumstances this area is not equidistant around the site. The GVVAO[isshown inAppendix E. The GWAOC around the Landfill encompasses an area of 130 acres and is defined by the environmental monitoring system. There are 26monitoring wells atthe site. Land use around the Landfill iyamix of residential and industrial within the City. Groundwater iscontaminotedhzthe east and northeast with discharge ofthe p|umetoNine-mile Creek. The contaminants ofconcern that exceed drinking water standards are arsenic, benzene, and vinyl chloride. Groundwater beneath the facility is not used as a potable source as the surrounding residents utilize a municipal water system. The aquifer atthe site isinacomplex sequence ofglacial outxashand till consisting ofsand, gravel, silt and clay. Depth towater ranges from Q1u38feet below the ground surface. The area of concern includes the creek to the east and encompasses the monitoring system10 the north, east, and south. The west edge ofthe groundwater area ofconcern extends beyond the west boundary of the Landfill property into a wetland area. Methane Gas Area of Concern The Methane Gas Area of Concern (MGAOC) is defined as the area of land surrounding a landfill waste footprint where the presence of certain activities, such as construction of enclosed structures, may be M impacted orprecluded bysubsurface migration ofmethane gas. Methane gas isanodorless gas produced when municipal solid waste decomposes, and can be explosive in confined spaces such as basements when mixed in air. The K4GAO[isused toinform the public about the risks tocurrent and future land owners regarding certain uses they may want to consider. The K4GAOCis shown in Appendix F. Soils in the vicinity of the Landfill are generally well drained tills in the upland areas or poorly drained or wet in the low areas. The Landfill's waste footprint was consolidated in 2013 from approximately 30 acres to 18 acres. Prior tothe waste consolidation, numerous townhomes and an apartment complex were located less than 6Ofeet fromthe Landfill property boundary. Now that the Landfill waste has been consolidated, no buildings are closer than 200 feet from the edge of the waste. The Landfill reconstruction also included installation of a low permeable synthetic cover system. An active gas extraction system with 20 vertical gas extraction wells connected to an enclosed blower/flare unit was also installed. All gas monitoring probes located around the Landfill perimeter have had methane concentrations below detection lirnits since waste consolidation completion, indicating that there likely isnogas migrating off the property, Based onthe highly permeable soils inthe area, the large quantity of waste present, the potential for an extended shutdown of the gas extraction system due to unforeseen circumstances, and recognizing the potential for gas to migrate under seasonal low permeable (frozen) conditions, the MGACC extends 200 feet beyond the waste footprint. TheK4GAO[, however, extends off the LIVIA and on to adjacent property to the west and northwest. |tbimportant tonote that these Areas ofConcern can change over time. Therefore, updated information will be provided to the City when the existing information becomes obsolete or misleading. The UNAproperty iszoned Industrial (|-1). Permitted uses within the Industrial (|-1)District include: adult-oriented business, food and edible products, apparel and textile products, apparel from leather or plastic, wood products, furniture, paper products, electric appliances, printing -publishing, chemical and allied products, commercial kennel, rubber and plastic, stone and glass products, offices, primary metal products, metal fabricating, petroleum storage, b|acksmi1hin8, boat manufacturing and repair, auto reduction yard, building contractors yard, cold storage, laundry, lumber yard -millworks, rental, restaurant, trade school, research lab, building materials yard, vehicle painting and repair, government buildings and structures, public utility buildings, cosmetic and pharmaceuticals, and mini storage. Conditional uses include: bus terminal, transmission tower, vehicle washing facility, commercial laundry, laundry and carpet cleaning, nurseries, landscape and garden supply sales, occasional sales, open sales lot and open storage, service or self-service stations, and retail or service uses subordinate to the principal use provided. DECLARATIONS OF RESTRICTIONS AND COVENANTS A Declaration of Restrictions and Covenants, signed by the City and the MPCA, and was filed with the Office ofCounty Recorder, Hennepin County, Minnesota onApril ZB,1986asdocumentno. 6565525. The Declaration, which runs with the land, prohibits: • constructing any structure on the LIVIA without the written approval of the Commissioner of the MPCA;and m installing any drinking water wells on the LIVIA without the prior written approval of the Commissioners of both the MPCA and the Minnesota Department of Health (MDH). STATE BOND FINANCED PROPERTY The MPCA used proceeds frorn the sale of State general obligation bonds for capital costs of environmental response actions that K8P[Aundertook atthe Landfill. Asaresult ufthis expendituneuf State bond proceeds, the publicly owned property where the environmental response actions were taken became "State Bond Financed Property" as that term is defined by Minn. Stat. § 16A.695. As the owner this State Bond Financed Property, the City and the MPCA are subject to the requirements of Minn. Stat. § 16A.695 and any orders or rules adopted by the Commissioner of Minnesota Management and Budget (K4K4B)under that statute, Minn. Stat. § 16A.695 and the MM13 Commissioner's Fourth Amended Order Relating to the Use and Sale of State Bond Financed Property (the Order) impose certain requirements on any sale, mortgage, or other disposition ufState Bond Financed Property, orany lease orcontract for the use ormanagement ofthe property entered into bythe City orthe K4P[ACommissioner. The statutory requirements include, but are not limited to, obtaining the approval of the Commissioner of MMB before the City or the MPCA Commissioner enters into any such transaction (sale, lease, etc.) with respect to the property. In order to assure that the requirements of Minn. Stat. § 16A.695 and the Order are carried out with respect to all State Bond Financed Property, the MMB Commissioner requires that a Declaration be recorded on the property records indicating that any sale of the property may be subject to the MM13 Commissioner's approval. Three such Declarations, pertaining tothe LIVIAproperty, were signed bythe City and the MPCA and filed with the Off ice of County Recorder, Hennepin County, Minnesota — two on September G,2O11asdocument nos. A96Q94S6and A96D94S7;and one onOctober 21,ZO1Bas document no. A1O02O547. MPCA'S LAND USE PLAN FOR THE LIVIA Thek4P[A's first and foremost responsibility regarding the Landfill istomanage the risk topublic health and safety. It does this by taking response actions, maintaining the Landfill, and working with local governments to assure land use is corn niensu rate with landfill conditions and MPCA's obligations on the LK8A,aswell asthe conditions onthe affected land off the LK4A. Therefore, land uses associated with the MPCA's obligation to protect public health and safety take precedence over other possible land uses. 4 The K4P[Ahas identified land uses for1heUNA. |thas clone sobyoonsidehngthemethanegasand groundwater areas of concern, the types and locations of response actions and associated equipment, the arnount of the LIVIA occupied by landfill waste, and local land -use desires. The land uses oneither the entire LIVIA or portions thereof that are acceptable to the MPCA are: 0 Closed Landfill Management; * Alternative Energy; m PubUcTr i|s;and * Bulk Drop-off Operations, Appendices G through J show where these uses would be allowed within the LIVIA. Closed Landfill Managernent is the use associated with the MPCA's responsibility and obligation to take necessary response actions on the property as provided in Minn. Stat. §§ 115B.39-43. DISCUSSION /CONCLUSIONS Land Uses ori the LIVIA Minn. Stat. §11SB.412,Subd.9requires all local land -use plans beconsistent with the K4P[A'sland-use plan for the LK4A. The MPCA's future obligations for the LIVIA conflict with the current local land -use plan; specifically the City's Industrial (1-1) zoning ordinance for this property. The k4PCAbelieves that most of the uses within the current zoning for the LIVIA are not compatible with the MPCA's future responsibilities for the site aswell asthe risks associated with the Landfill. Asaresult, the PWPO\ recommends that the City adopt a new zoning district and ordinance for the LIVIA. TheK4PCA recommends the City adopt a zoning district called Closed Landfill Restricted (CLR) with an ordinance similar inform tothe one included inAppendix K. The new zoning, however, should reflect the land uses identified above — Closed Landfill Management, Alternative Energy, Public Trails, and Bulk Drop-off Operations — and as shown in Appendices G through J. The City may want to consider the Closed Landfill Management, Public Trails, and Bulk Drop-off Operations uses as permitted uses for portions of the LIVIA (as shown on the appendices) while the Alternative Energy use be considered a conditional use (conditioned upon location and plans approved by the MPCA and the City). Regardless of future land use on the LIVIA, provisions within the Declarations of Restrictions and Covenants prohibit the construction and placement of structures as well as the installation of drinking water wells on the LIVIA without prior written approval of the MPCA arid/or MDH. Affected PrODertv off the LIVIA Minn. Stat. § 115B.412, Subd. 4(b) requires local units of government to incorporate information about the landfill and associated groundwater contarnination and landfill gas migration into any land -use plans W and to notify persons applying for a pernlit to develop affected property of the existence of this information and, on request, to provide 1hemwith the information. Certain land -use controls pertinent to groundwater use and well constructIon within the GWACC currently exist to protect public health and safety. First, Minn. Rules Chapter 4725.4450 requires that a water supply well cannot beconstructed within 3UOfeet ofthe Landfill. Second, K8DHhas established a Special Well Construction Area around the Landfill that prohibits the installation of wells in this area unless approved by MDH to be constructed in certain aquifers and following certain construction methods. A portion of the MGAOC extends off the LIVIA and oil to adjacent property to the westand northwest. The MPCA recornmends that LGUs adopt setbacks, or some other land -use controls, in these areas that will preclude structures frombeing built within the K4GAO[ However, where the K4GAO[extends off the LIVIA to the northwest, this area is occupied by existing railroad track and right-of-way. Where the MGAO[extends off the LMA totile west, not only isitoccupied bywetland which would prevent enclosed structures from being constructed, but this land is not within the jurisdiction of the City. Rather, i1iswithin the jurisdiction ofthe City ofMinnetonka. Therefore, nospecific land -use controls are being recommended tothe City for properties outside the LK4A. 0 The MPCA makes no representations or warranties to the user of the accuracy, currency, suitability, or reliability ofthe data presented inthis report. Any reoomtile ndadonsmade bythe k4PO\inthis report are based solely oil the data ithas, orits contractors have, collected, and only from data collected ot specific locations and times. Other sources ofcontamination ormethane, unknown totile K4P[A,could exist off the Landfill property. The MP[Avecommendsthat any person interested indeveloping property near the Landfill first consult with an environmental consulting or engineering firm, and/or all environmental attorney, regarding the possible risks associated with the Landfill. no Minnesota Statutes 115B.412 (a) The commissioner shall provide to affected local government units, to be available as public information, and shall make available to others, on request, a description of the real property described inthe original and any revised permits for a qualified facility, along with a description of activities that will be or have been taken on the property under sections 115B.39 to 115B.43 and a reasonably accurate description of the types, locations, and potential movement ofhazardous substances, pollutants and contaminants, ordecomposition gases related tothe facility. The commissioner shall provide and make this information available at the time the facility is placed on the priority list under section 115Q.40, subdivision 2; shall revise, provide, and make the information available when response actions, other than long-term maintenance actions, have been completed; and shall revise the information over time if significant changes occur that make the information obsolete or misleading. (h)Alocal government unit that receives information from the commisdonerunder paragraph (a) shall incorporate that information in any land use plan that includes the affected property and shall notify any person who applies for a permit related to development of the affected property of the existence of the information and, on request, provide a copy of the information. Iubd.9.Land management plans. The commissioner shall develop a land use plan for each qualified facility. All local land use plans must be consistent with a land use plan developed under this subdivision. Plans developed under this subdivision must include provisions to prevent any use that disturbs the integrity of the final cover, liners, any other components of any containment system, or the function of any monitoring systems unless the commissioner finds that the disturbance: (1) is necessary to the proposed use of the property, and will not increase the potential hazard tohuman health orthe environment; or (2)isnecessary toreduce athreat Lohuman health orthe environment. Before completing any plan under this subdivision, the commissioner shall consult with the commissioner of management and budget regarding any restrictions that the commissioner of management and budget deems necessary on the disposition of property resulting from the use of bond proceeds to pay for response actions on the property, and shall incorporate the restrictions in the plan. 0— o 0 CL L CF cu 41 0 —1 —0 ZI ra to tJG 0 0) bn f ca 0— o L CF cu 41' ZI ra 0— o 0 z < CL ro 0 cz cL tA —0 41 u 0 .P4 0 z < cz cL .P4 0 z APPENDIX Legal Description ofthe Hopkins Landfill Land Management Area Parcel 1 (Propertv ID 25-117-22-32-0067): Outlot B, WESTBROOKE PATIO HOMES, Hennepin County, Minnesota. Parcel 2 (Property ID 25-117-22-32-0070): 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 line of the Chicago, Milwaukee, St. Paul and Pacific 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. Parcel 3 (Property ID 25-117-22-32-0091): 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 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-OQKh That part ofthe Northwest Quarter ofthe Southwest Quarter ofSection 25,Township 1D\Range Jl lying south of the Chicago, Milwaukee, St. Paul and Pacific Railway and EXCEPT the North 33 feet of the East G31.74feet 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+wayline adistance of2DOfeet tothe 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. ALSO EXCEPT: That part of the South Half of Section 25, Township 117, Range 22, described as follows: Commencing atthe point ofthe intersection oftheNorth|ineofsa<dSouthHaKofsaidSection 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 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 0 1. That part of the East 195.78 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 cJsaid Section 25. I /fir r /r i,,/, ,r�,Ga., !ii roG/� 0 r(r,�/, v/ r rri rF/r;,fr?/G �i rs;,rGi. �r r,�n /�i' / ,G��;: �,'-F�✓ ri(F� 11,y, ,r ( ✓i%, /,, i' ,ri t/J '� ;,l r p'11 � rJ�r jfi��' �i ,� I' "' l f," l,, � f!; ii%/ fFil� %/rvi��an,', 6���r �..�/r✓i&P//Gf ov�If �, li. �� "J�ri. ,rr .''-1,�D D�%���i f ,�"A(rt o,%. ,rlA %" (I ��l f��//l �/�f!'' elf, �r� r0 '"'Y!, Jr" � 1��,��If )Y Minnesota Pollution !i!, � Control Agency Site Contacts Land Manager: Shanrn Ituotainojtt Patgineur: PeterTiffany Hyiirogeologist: doo,hilik Site Features Watite Footprint Groundwater Plume Approximofe mate a,f the F .Subterrrrr ew) 4ar7fr9r1nnoted tpoundwatei phone. Laud Management Area Oe5ignofes then property drat —� is under the responsibility cud control rrf that AVICA. Groundwater Area of Colic An orea where the gioundwalor may be offectetd by landfill confaminotlorl. DISCLAIM GIt: The State ormwo.,ota mak- uo rupi esentat Ions or warranties tothe usaras to Granted 5/21/14 by Shawn Ruolsinoja the accuracy, curr©Dry, solt.bllity or reliabillly of tM., data f,,, -,,,,y purposo. This map dopicte a 9a Wo ,onable ap prnsirnaliou of miI,-is 0nm the landflit only and makes no inference about h7otors ° impacts from other pot—tial .sources. 1.6,564 feet rr ago ,IGD Ggo Minnesota Pollution Control Agency Site Contacts Land Manager: Shawn Ruotsinoja 1-'nginoer: I'mor Tiffiliv Hydrogeologist: JooJulik Site Fetittires Waste rooLprint Land ManigemellL Area J)esiynwethe propei ly that is mow the re and colitij)l of the MKA. Medialle Area ofConcern Arum simounding the landfill that n i u Y be b t ip I I ci v d by subsurface mil m6on of mohnne gus. %%i� I c, i t I 'Y" DISCLAIMER: Th. Sl ale. ofMll.CI11.t,1 makes 110 1-0,jeseol,tiolls nr wan antics to the useras to Gr-t.d It/ 1112,U1.1 Uy th. ---Y' "no,"IC)" "Ill.bility ,I- I di,,bility ofthis 6mrn for any 'rm,, m all depicts . Meters Aa afj 1p. ICU rl "'I th" l.mldllll only and makes Ila Illf'r—C.0 about ilop-ts from I -L-1111 I'Ial�'— 1:3,620 '1"' 3S. 515 u. It —i"V r,;"rtrV3tadltw "ith, Ott. b, ",e P."P". Y -t 11. I&� 1140 Minnesota Pollution Can(rol Agency Site Contacts managev 91awn Muotsinoja I ngineer. Peter Whiny flydtogeololOV ;oe Jullk Site Features Closed Landfill Management Use L —J Land Managowient Area Waste Footprint Minnesota Pollution Control Agency 14'm, Site Conac tts Land Managec b1lawn HuowrlDla Envineec Velf"I fiffany JuNk NSCIAIMER TtW, Mato of PA1'IOPMAZ —Us n7 TPrOW4UU— - —211U�.t to oO -Or at to mcim 24. Site Features Alternative Energy Usti L —J Land Managernent Area waste Footprint kap t— A- . PA" , rsz U.11 VIN014 Minneima e111ollullon Control Agncy Site Contacts Land Manapef 9wom Ruotsirmla IMany LOCLAMILK "I. SW I of POI-111AA "I lop, ou,"U I$ .,— -- I— I. I �. 'J., ,,m PAp41 Pnr A— PAI'll ti-. —a -W, -,—,"Y, "a" w ry r- r,3 a }ol vq P'll pl— VqM7 77 7,717 ............ Minnewta Pollution Cmbol Agency Site Contacts Land Malugr[ ShAw" rid "otmoola Engineer Peter liffan flydrogeolugm hm julit, RWk DwyaO CWemUuns Use Land NUnagemem Sea Wasto, Footprim VM V—d,u tn, ry VM V—d,u tn, District CLR — Closed Landfill Restricted A. Purpose The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency (K4PCA). The purpose of the district is to limit uses of land within the closed landfill, both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place and, at the sarne time, are protective of human health and safety. This district shall only apply tothe closed landfill's Land Management Area, the |imbsofwhich are defined bvthe K4PCA. This district shall apply whether the landfill is inpublic (K4PCA,County, City, Tovvnship),Indian tribal, orprivate ownership. For put -poses of this ordinance, the Land Management Area for the Landfill, a qualified facility under the MPCA's Closed Landfill Program, is described as: B. Permitted Uses The following uses are permitted within the CLR District: C. Accessory Uses Accessory uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems, other response action systems, monitoring wells or any other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill monitoring orimprovement systems. Fences and gates shall apply under these provisions. D. Conditional Uses Conditional uses shall be limited to uses that do not clarnage the integrity of the Land Management Area and that continue to protect any person from hazards associated with tile Any application for a conditional use must be approved by the Commissioner of the MPCA and the Such approved use shall not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment systern, the function of any monitoring systern that exists upon the described property, or other areas of the Land Management Area that the Commissioner of the MPCA deems necessary for future response actions. The following conditional uses are permitted within the CLR District: Prohibited Uses and Structures All other uses and structures not specifically allowed as conclitional uses, or that cannot be considered asaccessory uses, shall be prohibited inthe CLR District. F. General Regulations Requirements for (parking, signs, area, height) and other regulations are set forth in G. Any amendment tothis ordinance must heapproved bythe Commissioner ofthe K4P[Aand the __|LGl})__.