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2014-1077 Amending Zoning Ordinance No. 515-570CITY 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 (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 (MPCA). 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 MPCA. This district shall apply whether the landfill is in public (MPGA, County, City, Township), Indian tribal, or private ownership. 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 1 (Property Id 25-117-22-32-0067): Outlot B, WESTBROOKE PATIO HOMES, Hennepin County, Minnesota Parcel l (Property ID 25117-22-32-0070 That part of the South Half of Section 25, Township 117 Range 22, described as follows: Commencingat t 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: Commencingat 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 be ig nnin,. 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: Commencingat t 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 rightgles 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 ri hg tray line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of be ig nnin . ALSO EXCEPT: Commencingat 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. 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 and parallel with the north line of the Northwest Quarter of the Southwest Quarter of said Section 25. 544.02. Permitted Uses. The following uses are permitted 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 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 monitoringoprovement 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 integrity of the Land Management Area and that continue to protect any person from hazards associated with the landfill. Subd 2. Any application for a conditional use must be approved by the Commissioner of the MPCA and the City of Hopkins. Such approved 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 upon 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, or that cannot be considered as accessory uses, shall be prohibited in the CLR nistrict_ F. Any amendment to this ordinance must be approved by the Commissioner of the MPCA and the Cit.. o�pkins. First Reading: October 7, 2014 Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: 6, �&W' l Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: �/ wl 11 City Attorney S nature Date October 21, 2014 October 30, 2014 October 30, 2014 Eugen J. M xwell, Mayor