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IV.6. Second Reading for Ordinance 2014-1077 - LandfillTo: City Council: From: Nancy Anderson Date: October 16, 2014 Subject: Second Reading for Ordinance 2014-1077 Attached is Ordinance 2014-1077 for second reading. This ordinance will rezone the former Hopkins Landfill from open space to Closed Landfill Restricted and regulate the uses allowed. The City Council's action is to approve Ordinance 2014-1077 for second reading and order the summary published. Attachment CITY OF HOP NS Hennepin County, Minnesota 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. . .... PpMose. The Closed Landfill Restricted (CLR) District is intended t2_Appl to fonner landfills that are qualified to be under the Closed Landfill Proamof the Minnesota Pollution Control AgencMPCA). 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 rotect the land from human activity where respons.- action systems are in place and, at the same time, are protective of human health and safety. This districtshallonly ay to the closed landfill's Land Management Area, the limits of which are defined b 1 the MPCA. This district shall apply whether the landfill is in pliblic (MPCA, County, City, Township), Indian tribal, or private ownersh jp. For VpMores of this ordinance, the Land Managment. Area for the Hopkins landfill, a qualified facility under the MPCA's Closed Landfill Pro gam, is described as: Parcel 1 (Property Id 25-117-22-32-0067): Outlot B, WESTBROOKE PATIO HOMES, Hennepin Count y, 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 Southwesterl along said Railroad right-of-way line a distance of 200 feet; thence at rigbt angles Southeasterly a distance of 150 feet; thence Northeasterly at right qn_les . g distance of 200 feet; thence northwesterly in a straight line to the point o beginnin Parcel 3 (Property ID 25-117-22-32-0091! That part of the South Half of Section 25 Township 11.7 Range 22 as described as follows: Commencing at the point of intersection of the north line of said South Halt' with the Southeasterly ight-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 SoutheasterIv 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 Northeasterlv aloe said Southeasterly ri t-of-wa Railroad line to the point of beginning. Together with a nonexclusive easement for road ppMoses, over, across and Won the following, described premises: That part of the South 1-falf of Section 25 Township 1.17 an e 22 described as follows: The southeasterly 66 feet of the Northwesterly. 21_6 „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 C"hica o Milwaukee St. Paul & Pacific Railroad. Parcel 4 (Property ll3 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 poiRt of intersection of the north line of said South Half with the Southeasterly right-of-wayrigbt-of-way line of the Chicago, Milwaukee St. Paul ,& Pacific Railroad- thence Southwesterly along said Southeasterly nght-of-MLay line a distance of 2:00 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 arallel to and 150 feet southeasterly of said Southeasterly right-of-wav Railroad line to the West line of said Section 25 • thence North also said Section lime to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly riht-of-wa Railroad line to the point ofbeginning. ALSO EXCEPT: Commencing at the point of the intersection of the North line of said South Half of said Section 25 with the Southeaster) v rif-,ht-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way; thence Sopth��erly along said Railroad ri ht-of.-wa line a distance of 20)(9 feet thcnee at ri ht an les Southeasterly a distance of 150 feet•, thence NortheasteLly--at riZht angles a distance of 200 feet- , thence Northwesterly ina straight line to, the -pDint .....o begigning. ALSO EXCEPT: That part of the East 195 feet of the Northwest Quarter of the Southwest_Quarter of Section 25, Township --,I17 North Range 22 West of the Fifth Principal Meridian, which lies south of a line 33.00 feet south of measure I at riwit an les to and parallel with the north line of the Northwest Quarter of the Southwest -Quarte of said Section 25. 544.02. Permitted Uses, The.following uses are pennitted within the CLR District: 1. Closed landfill 544.03. Accessory Uses. Accessory uses allowed in this district include outdoor equipment or small buildings used in concert with as extraction systerns, other resnonse action systems, monitorinz wells or any other euipment desIgned_jQ_proteqt, monitor or otherwise ensure the intety of the landfill monitoring or improvement systems. Fences and gates shall apply under these provisions, 544.04. Conditional Uses. Conditional uses shall be limited to uses that do not damage the irate ty of the Land Management Area and that continue to protect any person from hazards associated with the landfill. Subd 2. Any gpplication for a conditional use must be pproved by the Commissioner of the MPGA and the City of Hopkins. Such ..Vproved use shall not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment system, the function of any monitoring system that exists. gpon 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 CLR District: 1. Solar collection system 2. Walking paths 3. Bulk Drop --off operations 544.05. Prohibited Uses and Structures. 1. All other uses and structures not .,specifically allowed as conditional uses, o 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 MPCA and the City of Hopkins. First Reading: October 7, 2014 Second Reading: October 21, 2014 Date of Publication: October 30, 2014 Date Ordinance Takes Effect: October 30, 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED, AS TO FORM AND LEGALITY: City Attorney Signature Date CITY OF HOPKINS Hennepin County, Minnesota SUMMARY OF O ' I2014-10 The following is a summary of the major provisions of the new ordinance: This ordinance rezones for former landfill in south Hopkins from I-11, Industrial to Closed Landfill Restricted. The Ordinance also defines the uses pennittcd in the Closed Landfill. Restricted district. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Library. First Reading: October 7, 2014 Second Reading: October 21, 2014 Late of Publication: October 30, 2014 Date Ordinance Takes Effect:' October 30, 2014