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08-26-2014 (2) AUGUST SEPTEMBER MEMBERS S M T W T F S S M T W T F S ✓�NEIL 1�HUNKE 1 2 1 2 3 4 5 6 �I�FISHER �/TAIT 3 4 5 6 7 8 9 7 8 9 10 11 12 13 � LLARD fFIRTH ��` 10 11 12 13 14 15 16 14 15 16 17 18 19 20 '�KERSSEN �ANDERSON 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 AGENDA ZONING & PLANNING COMMISSION Tuesday, August 26, 2014 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ITEM: Approve and sign minutes of the July 29, 2014, regular meeting. COMMISSION ACTION: / / / / CASE NO. CUP14-1 AMEND CONDITIONAL USE PERMIT FOR DAY CARE FACILITY AT 8353 EXCELSIOR BOULEVARD � Public Public hearing to consider amending the conditional use permit foi• the Hearing daycare at 8353 Excelsior COMMISSION ACTION: / / / / CASE NO. ZN14-5 COMPREHENSIVE PLAN AMENDMENT - LANDFILL Public Public hearing to consider Comprehensive Plan amendment for the foimer Hearing landfill COMMISSION ACTION: continue / / / / CASE NO. ZN14-6 ZONING AMENDMENTS - LANDFILL REZONE Public Public heaxing to consider rezoning the former landfill Hearing � COMMISSION ACTION: continue / / / / ADJOURNMENT �"r �� /�, , � . ^ ZONiNG AND PLANNING COMMISSION MINUTES July 29, 2014 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, July 29, 2014, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Scott Kerssen, Matt McNeil, Mike Tait, Andrew Fisher, Jennifer Allard and Charles Firth. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kerssen called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Ms. Allard moved and Mr. Fisher seconded the motion to approve the minutes of the June 24, 2014, regular meeting. The motion was approved unanimously. ITEM: COMPREHENSIVE PLAN AMENDMENT - PROJECT FOR PRIDE IN LIVING (PPL) .-• Ms. Anderson reviewed the reasons for the Comprehensive Plan aamendment. The public hearing was opened at 6:48 p.m. Don Nelson appeared at the public hearing; Mr. Nelson was concerned about the amount of apartment buildings being constructed. Doug Holmes from Oxford Street also spoke, opposing the proposed development. Mr. Firth moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:51 p.m. Mr. Firth moved and Mr. McNeil seconded a motion to adopt Resolution RZ14-2, recommending approval of a Comprehensive Plan Amendment from Low Density Residential to Mixed Use at 1202-1304 Oxford Street. The motion was approved unanimously. ITEM: REZONING- 1202-1304 OXFORD STREET PROJECT FOR PRIDE IN LIVING Ms. Anderson reviewed the reasons for the rezoning from R-2 to Mixed Use. The public hearing was opened at 6:52 p.m. No one appeared at the public hearing. Mr. Fisher moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:53 p.m. Mr. McNeil moved and Ms. Allard seconded a motion to adopt Resolution RZ14-3, � recommending approval of a rezoning of property at 1202-1304 Oxford Street from R-2 to Mixed Use. The motion was approved unanimously. MINUTES OF THE ZONING AND PLANNING MEETING, July 29, 2014 Page 2 ITEM: REZONING PUD — 1202-1304 OXFORD STREET PROJECT FOR PRIDE IN � LIVING Ms. Anderson reviewed the overlay with the Commission. The public hearing was opened at 6:54 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:55 p.m. Mr. Fischer moved and Mr. Hunke seconded a motion to adopt Resolution RZ14-6, recommending approval of Ordinance 14-1076, placing an overly zoning of Planned Unit Development (PUD) for Oxford Village Apartments. The motion was approved unanimously. ITEM: PREMININARY/FINAL PLAT— PROJECT FOR PRIDE IN LNING Ms. Anderson stated that the six lots would be combined into one to allow for the construction of the proposed apartment building. The public hearing was opened at 6:56 p.m. No one appeared at the public hearing. Mr. Tait moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:57 p.m. Mr. McNeil moved and Mr. Firth seconded a motion to adopt Resolution RZ14-4, recommending approval of a preliminary/final plat to combine 1202-1304 Oxford Street into one lot. The motion was approved unanimously. � ITEM: SITE PLAN APPROVAL— PROJECT FOR PRIDE IN LIVING Ms. Anderson reviewed the development with the five actions required that night. Chris Wilson and Matt Soucek from Project for Pride in Living and Michelle Baltus-Pribyl, their architect, appeared before the Commission. Ms. Baltus-Pribyl reviewed the site plan with the Commission. Mr. Kerssen noted that this proposal had been before the Commission last month for a concept review. The Commission discussed the income requirements for the residents, bike parking, and rents. The public hearing was opened at 6:58 p.m. No one appeared at the public hearing. Mr. McNeil moved and Mr. Tait seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:59 p.m. Mr. Firth moved and Mr. Hunke seconded a motion to adopt Resolution RZ14-5, recommending approval of a site plan to construct a 51-unit apartment building at 1202- 1304 Oxford Street. The motion was approved unanimously. ITEM: VARIANCE—PARHING SPACE SIZE ALICE SMITH ELEMENTARY Ms. Anderson reviewed the proposed parking lot and the reasons for the variance. The Commission was concerned about the removal of the sidewalk and that it might not be � MINUTES OF THE ZONING AND PLANNING MEETING, July 29, 2014 Page 3 ^ constructed in 2015. No one appeared on this item. Mr. McNeil moved and Mr. Firth seconded a motion to adopt Resolution RZ14-7, recommending approval of a parking space size variance for a 9' x 18' parking space on the former Minnetonka Mills Road on the south side of Alice Smith Elementary School. The motion was approved unanimously. ITEM CONCEPT FOR A NEW BUILDING AT 1609 MAINSTREET Ms. Anderson reviewed the concept for the new building at 1609 Mainstreet. Tim Witten, representing the property owner, appeared before the Commission. Mr. Witten reviewed the site plan with the Commission. The Commission looked favorably on the proposed building. ADJOURN Ms. Allard moved and Mr. Firth seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:20 p.m. MEMBERS � ATTEST: Scott Kerssen, Chair � �� \ �� ► 1 . ^ August 19, 2014 Planning Report CUP14-1 AMEND CONDITIONAL USE PERMIT—DAY CARE Proqosed Action Staff recommends the following motion: Move to adopt Resolution RZ14-8 recommendin� a�proval to amend the conditional use permit to operate a day care at 8353 Excelsior Boulevard. Overview Last year United Child Care Center was granted a conditional use permit to operate a day care at 8353 Excelsior Boulevard. This is the southeast corner of Excelsior Boulevard and Blake Road. The property is zoned B-1, Limited Business. The Zoning Ordinance requires a conditional use permit for the operation of a day care. One of the stipulation in the conditional use permit is the hours of operation. Since the daycare opened, the hours of operation have not meet their clients' needs. The applicant is requesting that the hours of operation be removed from the conditional use permit There � have been no complaints regarding the operation since it opened. Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What is the condition in the conditional use pennit regarding hours of operation? Supporting Documents • Analysis of Issues • Resolution RZ13-24 • Resolution RZ14-8 � � ,� ,�, Nancy S Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): � Notes: CUP 14-1 Page 2 Primarv Issues to Consider ._ • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned B-L Limited Business. The Comprehensive Plan has designated the site as Coinmercial. The proposed use complies with both documents. • What is the condition in the conditional use permit regarding hours of operation? The condition is the following: That the hours of the day care will be no more than 6 a.m. to 9 p.m. Monday through Friday and 6 a.m. to 6 p.m. Saturday and Sunday. The applicant would like this condition removed because the hours to not meet their clients' needs. Alternatives 1. Recommend approval to amend the conditional use permit to operate a day care. By recommending approval to ainend the conditional use permit, the City Council will consider a recoinmendation of approval. 2. Recommend denial to amend the conditional use pennit. By recommending denial to amend the conditional use permit, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. � 3. Continue for further infornlation. If the Planning Commission indicates that further information is needed, the item should be continued. � CITY OF HOPKINS "� HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RZ14-8 RESOLUTION MAHING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR A DAY CARE AT 8353 EXCELSIOR BLVD WHEREAS, an application for Conditional Use Permit CUP14-1 has been made by United Child Care Center; WHEREAS, the procedural history of the application is as follows: ]. That an application for a conditional use permit was made by United Child Care Center on July 25, 2014 to amend their conditional use permit. 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on August 26, 2014: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: � All That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Described as follows: commencing at a point in the center line of Excelsior Boulevard 30.01 feet west measured along the center line from the point of intersection of said centerline with the east line of Lot 77 extended; thence south along a line parallel with and distant 30 feet west of the east line of said Lot 77 a distance of 127 feet thence west along a line parallel with the south line of said Lot 77 a distance of 100 feet to the point of beginning of the tract to the described; thence north along a line parallel with the east line of said Lot 77 to the north line of said Lot 77; thence westerly along the north line of Lot 77 to the northwest corner thereof; thence south along the west line of said Lot to a point 80 feet north of the southwest corner of said lot; thence east parallel with the south line of said Lot 133 feet; thence east parallel with said west line of said lot to the intersection with a line drawn from the actual point of beginning parallel with the south of said Lot; Thence east in a straight line to the actual point of beginning except road NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP14-1 is hereby recommended for approval based on the following Findings of Fact: �. 1. That the proposed day care meets the requirements far a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Pern�it CUP14-1 is hereby recommended for approval subject to the following conditions: � l. That the conditions from the original approval apply except for#4. Adopted this 26th day of August 2014 ATTEST: Scott Kerssen, Chair � �� ,— CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 13-24 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING OF A CONDITIONAL USE PERMIT FOR A DAY CARE AT 8353 EXCELSIOR BLVD WHEREAS, an application for Conditional Use Permit CUP13-1 has been made by United Child Care Center; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by United Child Care Center on April 1, 2013. 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on April 30, 2013: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: � All That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Described as follows: commencing at a point in the center line of Excelsior Boulevard 30.01 feet west measured along the center line from the point of intersection of said centerline with the east line of Lot 77 extended; thence south along a line parallel with and distant 30 feet west of the east line of said Lot 77 a distance of 127 feet thence west along a line parallel with the south line of said Lot 77 a distance of 100 feet to the point of beginning of the tract to the described; thence north along a line parallel with the east line of said Lot 77 to the north line of said Lot 77; thence westerly along the north line of Lot 77 to the northwest corner thereof; thence south along the west line of said Lot to a point 80 feet north of the southwest corner of said lot; thence east parallel with the south line of said Lot 133 feet; thence east parallel with said west line of said lot to the intersection with a line drawn from the actual point of beginning parallel with the south of said Lot; Thence east in a straight line to the actual point of beginning except road NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP13-1 is hereby approved based on the following Findings of Fact: � 1. That the proposed day care meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP13-1 is hereby approved subject to the following conditions: � 1. That the applicant is ganted a state license. 2. That the site is reconfigured to a one-way as diagamed in the SRF traffic study. 3. That a solid six-foot fence is constructed on the east side of the site on the south and east sides. 4. That the hours of the day care will be no more than 6 a.m. to 9 p.m. Monday through Friday and 6 a.m. to 6 p.m. Saturday and Sunday. 5. That there will be no parking from the day care use on the residentially zoned R- 1-C district abutting the day care site. 6. That the applicant shall not be allowed to provide day care service for more than 55 children on site at any given time. 7. Refuse containers shall be located on the west side of the building. Refuse pickup shall be scheduled between the hours of 10 a.m. and 3 p.m. at least two times per week. Adopted this 7th day of May 2013. � ATTEST: Eugene J. Maxwell, Mayor Kristine A. Luedke, City Clerk � � August 19, 2014 � Planning Report ZN14-5 COMPREHENSNE PLAN AMENDMENT—FORMER LANDFILL Proposed Action Move to adopt Resolution RZ14-9 recommendin�ap�roval of a Comprehensive Plan amendment from Open Space to Closed Landfill Restricted District. Overview The fonner 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 notlung can be constructed on 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. �. Primary 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 • Analysis of Issues • Comprehensive Plan � Resolution RZ14-9 ;� � �,t'11�'� �� ' � �1'1 Nancy . Anderson, AICP City P anner Financial Impact: $ N/A Budgeted: Y/N Source: � Related Documents (CIP, ERP, etc.): Notes: ZN 14-5 Page 2 Primarv Issues to Consider. � • 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. • What is the difference between the Open Space and Closed Landfill? The Closed Landfill designation will allow only veiy limited uses on the landfill. The Open Space designation could imply that there could be a park or some other recreation use, which the MPCA will not allow. Alternatives. 1. Recommend approval of the Comprehensive Plan amendment. By recommending approval, the City Council will consider a recommendation of approval. 2. Reco�nmend denial of the Comprehensive Plan amendment. By recoinmending denial, the City Council will consider a recominendation of denial. If t11e zoning is changed and the Comprehensive Plan amendment is not approved, the zoning and Comprehensive Plan will not be consistent. � 3. Continue for further infonnation. If the Planning Commission indicates that further information is needed, the item should be continued. � '� CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RZ14-9 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT FOR THE FORMER LANDFILL WHEREAS, an application for Zoning Amendment ZN 14-5 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. 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:a11 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 1 (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 53l.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 point of beginning. ALSO EXCEPT: That part of the East ]95 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 ineasured at right an�les 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 ZN14-5 is hereby recommended for approval based on the following Findings of Fact: �\ 1. That the amendment to the Comprehensive Plan will make the zoning and the land use plan consistent. BE IT FURTHER RESOLVED that application far Comprehensive Plan Amendment ZN14-5 is hereby recommended for approval based on the following conditions: 1. That the Metropolitan Counci] approves the proposed amendment. Adopted this 30th day of September 2014. 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":.}_[ 9S S} a,e�-csac_� f k� —\ — � ,,il�f I I t�i `(Rd !�� °.;0:t _: �I[ �ecioqiOU`tt� ��.�u,� 1 . . ��` ^,.[_£ i)p_� osl]P>szj� °,:I)f�4 I,1_}9f �03n�[I' � \�` l _�t __ 1I l ��ce,��;.a�rt.ng � �� yi , ,��= ':5: f LZ"16 ��aanao�� .- '-_ - � �_. ._��5 £S'bbl �roco�ts�y.U�ecu�cfotE{ : . .. :.;¢�`� _f t')l ��'u�u�r�y.4u�u��nnuP'jC . �~ ',}:'1� }}�95q �cuva�e,ay.b�eRa�j.vo1 �"�nd "D5 ��ll P'a7 j �ir�a:ll Qn� � t��,�-.-...a�...<.-�.-�.-«....�...«...e��..+�. .«..M..,.��...e,...�:.��...,i..�.....-..�...r...d+�...�..�..�.�....��..��..�.�....,..«....m,.�.�..�,�........>,... 3 ! �--. August 19, 2014 � Planning Report ZN14-6 REZONING—FORMER LANDFILL Proposed Action Staff recommends the follo«-ina motion: Move to adopt Resolution RZ14-10. reconunendin� ��roval of Ordinance 14-1077, rezoninQ the fonner landfill from I-1 Industrial to Closed Landfill Restricted District. Overview The fonner landfill 'ui south Hopkins is owned by the City, but controlled by the Miruiesota Pollution Control Agency (MPCA). The MPCA has contacted the City and is requiring that the City change the Coinprehensive 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 fornler 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. � PrimarV Issues to Consider • What is the Comprehensive Plan designation, and what is the zoning of the subj ect site? • What does the Closed Landfill Restricted zoning allow? • Should the site be rezoned from I-1, Industrial, to Closed Landfill Restricted District? Sunportin�Documents • Analysis of Issues • Resolution RZ14-10 • Ordinance 14-1077 • Closed landfill use plan ►� Nancy . Anderson, AICP City Pl er � Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ZN14-6 Page 2 Primarv Issues to Consider. � • What is the Comprehensive Plan designation, and what is the zoning of the subject site? The Coinprehensive Plan has designated the site as Industrial. The site is zoned I-1, IndustriaL The Comprehensive Plan designation and zoning will be changed. • What does the Closed Landfill Restricted District zoning allow? The Closed Landfill Restricted District ��vill allow small buildin�s for the gas extraction systeins, monitoring wells, walking paths, solar collection systems and bulk collection. • Should the site be rezoned from I-1, Industrial, to Closed Landfill Restricted District? The Minnesota Pollution Control Agency (MPCA) 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 fonner landfills. Alternatives. 1. Recommend approval of the rezoning. By recommending approval of the rezoning, the City Council will consider a recominendation of approval. `-- 2. Recominend denial of the rezoning. By recommending denial of the rezoning, the City Council will consider a recommendation of deniaL If the Planiung Conunission considers this alternative, findings ��vill have to be identified that support this alternative. 3. Continue for further information. If the Planning Cominission indicates that further infonnation is needed, the item should be continued. � � CITY OF HOPHINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RZ14-10 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF AN ORDINANCE REZONING THE FORMER LANDFILL FROM I-1, INDUSTRIAL, TO CLOSED LANDFILL RESTRICTED DISTRICT WHEREAS, an application for Zoning Amendment ZN14-6 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning ainendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Cominission published notice, held a puUlic hearing on the application and reviewed such application on August 26, and Se�tember 30, 2014:a11 persons �resent 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: Parce] 1 (Property Id 25-117-22-32-0067): Outlot B, WESTBROOK PATIO HOMES, Hennepin County, Minnesota Parcel2 (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 1�Tortheasterly at right angles a distance of 200 feet; thence northwesterly in a straight line to the point of beginning Parcel3 (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 t]Ze Chicago, Milwaukee, St. � Paul & Pacific Railroad; thence Southwesterly along said Southeasterly rigl�t-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 puiposes, 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 fllat 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 �art 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: Cominencing 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 witli the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-��ay; 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 I�Tortheasterly at right angles a distance of 200 feet; thence North��vesterly in a straight line to the point of beginning. ALSO EXCEPT: That part of the East 195 feet of the Northwest Quarter of the South��est 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 ineasured 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 ZN14- 6 is hereby recommended for approval 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 this 30th day of September 2014. Scott Kerssen, Chair �� CITY OF HOPHINS 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—Zonin�: Closed Landfill Restricted District—CLR 544.01. Purpose. The Closed Landfill Restricted (CLR) District is intended to applv to former landfills that are qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency(MPCA). The p�ose 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 huinan activity where response action svstems 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 bX the MPCA. This district shall a��ly whether the landfill is in public (MPCA, Count� City, Township), Indian tribal, or private ownership, For purposes of this ordinance, the Land Mana�ement Area for the Hopkins landfill, a � qualified facility under the MPCA's Closed Landfill Pro�ram, is described as: Parcel 1 (Property Id 25-117-22-32-0067� Outlot B, WESTBROOK PATIO HOMES, Hennepin County, Minnesota Parcel 2 (Property ID 25117-22-32-0070Z That part of the South Half of Section 25, Township 117 Range 22, described as follows: Commencin ag t the pint of the intersection of the North line of said South Half of said Section 25 with the Southeasterlv right-of-wa_y; thence Southwesterlv along said Railroad ri�ht-of-way line a distance of 200 feet; thence at ri hg t an�les Southeasterly a distance of 150 feet; thence Northeasterly at right an les a distance of 200 feet; thence northwesterly in a straight line to the point of be i�nning Parcel3 (Property ID 25-117-22-32-0091: � � That part of the South Half of Section 25, Township 117, Range 22, as described as follows: Commencin a�point of intersection of the north line of said South Half with the Southeasterl�ght-of-wav line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterl�along said Southeasterlv ri t-of-way line a distance of 200 feet to the point of beginnin� of the land to be describe: Thence Southeasterl�ght angles to said right-of-wav line a distance of 150 feet; thence Southwesterl�parallel to and 150 feet Southeasterly of said Southeasterly ri�ht-of-wav Railroad line to the West line of said Section 25; thence North along said Section line to its intersection with the said Southeasterly ri�ht-of-way line of said Railroad: thence Northeasterly alon� said Southeasterly ri�ht-of-way Railroad line to the point of be 'i�u1in�. To�ether 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 Southeasterl�and parallel with the Southeasterl�ght-of-wa�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 1 i�n�Lsouth 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, Ran�e 22, as described as follows: Commencing at the point of intersection of the north line of said South Half with the Southeasterl��ht-of-way line of the Chica�o, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly along said Southeasterlv ri t-of-wav line a distance of 200 feet to the point of beginning of the land to be describe; Thence Southeasterly at ri�ht an�les to said right-of-way line a distance of 150 feet; thence Southwesterl�parallel to and 150 feet southeasterly of said Southeasterly ri�ht-of-wa�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 alon.� said Southeasterl�� ri�ht-of-way _--, Railroad line to the�oint of be�inning_ ALSO EXCEPT: Commencin� at the point of the intersection of the North line of said South Half � of said Section 25 with the Southeaster right-of-way line of the Chicago Milwaukee, St. Paul and Pacific Railroad ri�ht-of-way� thence Southwesterly alon� said Railroad ri t-of-way thence Southwesterlv alon� said Railroad ri�ht- of-wav line a distance of 200 feet; thence at ri hg t an�les Southeasterlv a distance of 150 feet; thence Northeasterly at right an�les a distance of 200 feet• thence Northwesterlv in a straight line to the point of be�inning_ ALSO EXCEPT: That part of the East 195 feet of the Northwest Quarter of the Southwest Ouarter 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 ineasured at ri ht an les to and parallel with the north line of the Norwest Quarter of the Southwest Ouarter of said Section 25. 544.02. Permitted Uses. The followin�uses are permitted within the CLR District: 1. Closed landfill 544.03. Accessory Uses. Accessorv uses allowed in this district include outdoor equipment or small buildin�s used in concert with �as extraction systems other response ` action svstems, monitoring wells or any other equipment desi li e�d to protect monitor or otherwise ensure the inte rity of the landfill monitoring or improvement systems. Fences and �ates shall apply under these provisions. 544.04. Conditional Uses. Conditional uses shall be limited to uses that do not dama�e the inte�rity of the Land Mana�ement Area and that continue to protect anv person from hazards associated with the landfill. Subd 2. Anv a�plication for a conditional use must be approved bv the Commissioner of the MPCA and the Citv of Hopkins. Such approved use shall not disturb or threaten to disturb, the inte�,ritv of the landfill cover, liners, any other components of any contairunent system, the function of anv monitoring system that exists upon the described �roperty, or other areas of the Land Mana�ement 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 svstem 2. Walking�aths 3. Bulk Drop--off operations � �_ 544.05. Prohibited Uses and Structures. 1. All other uses and structures not specificallv allowed as conditional uses, or that cannot be considered as accessorv 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 Cit o�pkins. 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 �� DRAFT CLOSED LANDFILL USE PLAN HOPKINS LANDFILL ,-. AUGUST 12, 2014 Minnesota Poliution � � �� Control Agency � y�, � � TABLE OF CONTENTS PAGE N0. �'" INTRODUCTION.............................................................................................................................................1 SITELOCATION AND DESCRIPTION...............................................................................................................2 GROUNDWATER AND METHANE GAS AREAS OF CONCERN ........................................................................2 CURRENT ZONING/LAND USE PLAN FOR THE LMA......................................................................................3 DECLARATIONS OF RESTRICTIONS AND COVENANTS...................................................................................4 STATEBOND FINANCED PROPERTY..............................................................................................................4 MPCA'S LAND USE PIAN FOR THE LMA........................................................................................................4 DISCUSSION/CONCLUSIONS........................................................................................................................S DISCLAIMER...................................................................................................................................................6 APPENDICES � APPENDIX A: MINN. STAT. §§ 1156.412,SUBD.4 AND 9 APPENDIX B: SITE LOCATION MAP-HOPKINS LANDFILL APPENDIX C: LAND MANAGEMENTAREA-HOPKINS LANDFILL APPENDIX D: LEGAL DESCRIPTION OF HOPKINS LANDFILL LAND MANAGEMENT AREA APPENDIX E: GWAOC-HOPKINS LANDFILL APPENDIX F: MGAOC-HOPKINS LANDFILL APPENDIX G: CLOSED LANDFILL MANAGEMENT USE-HOPKINS LANDFILL APPENDIX H: ALTERNATIVE ENERGY USE-HOPKINS LANDFILL APPENDIX I: PUBLIC TRAIL USE-HOPKINS LANDFILL APPENDIX J: BULK DROP-OFF OPERATIONS USE-HOPKINS LANDFILL APPENDIX K: CLOSED LANDFILL RESTRICTED ZONING ORDINANCE TEMPLATE � '1 CLOSED LANDFILL USE PLAN HOPKINS LANDFILL INTRODUCTION In 1994,the Minnesota Legislature adopted the Landfill Cieanup Act (LCA) (Minn. Stat. 115B.39- 115B.45)which created the Closed Landfill Program (CLP). Under the CLP,the Minnesota Pollution Control Agency(MPCA) is responsible for the cleanup and long term care of 112 ciosed, 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 some landfills. These problems can pose a threat to the health and safety of those living or occupying land nearby. In addition,chemicals leaching from landfills can degrade groundwater and surface water resources surrounding them. The MPCA addresses the risk to public health and the environment at the closed 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 to public health and safety is also mitigated by implementing land-use controls that minimize public exposure to landfill hazards and protect the state's response action equipment. In other words, future use of land at and around closed landfills needs to be planned carefully and responsibly. � Minnesota Statutes 115B.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 MPCA's plan for the site. Minnesota Statutes 1158.412, Subd.4 requires the MPCA to provide 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 Plan (CLUP). The purpose,then, for preparing a CLUP for each landfill is to: • protect the integrity of the landfill's remediation and monitoring systems; • protect human health and public safety at each 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 to those that want to develop the affected property. Also, LGUs 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 (LMA) 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 is located. At a minimum,the LMA will be comprised of the property in the Landfill Cleanup Agreement. In addition,the LMA is the property that is subject to Minnesota Statutes 1156.412, 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 be consistent. The LMA for the Landfill consists of approximately 34 acres as shown in Appendix C and legally described in Appendix D. The waste footprint is about 18 acres. The Landfill was permitted in 1971 and closed in 1980. The MPCA and the City entered into a Landfill Cleanup Agreement(LCA) in 1995. Then, in 1996,the MPCA took over responsibility of the Landfill when it issued the City a Notice of Compliance. The LMA 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 or others nearby. The GWAOC is used to inform the public about the current and � potential risks to users of groundwater contaminated by the landfill. In most circumstances this area is not equidistant around the site. The GWAOC is shown in Appendix E. The GWAOC around the Landfill encompasses an area of 130 acres and is defined by the environmental monitoring system. There are 26 monitoring wells at the site. Land use around the Landfill is a mix of residential and industrial within the City. Groundwater is contaminated to the east and northeast with discharge of the plume to Nine-mile Creek. The contaminants of concern 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 at the site is in a complex sequence of glacial outwash and till consisting of sand,gravel,sift and clay. Depth to water ranges from 8 to 38 feet below the ground surface. The area of concern includes the creek to the east and encompasses the monitoring system to the north, east,and south. The west edge of the groundwater area of concern 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 �.., 2 � impacted or preciuded by subsurface migration of inethane gas. Methane gas is an odorless gas produced when municipal solid waste decomposes, and can be explosive in confined spaces such as basements when mixed in air. The MGAOC is used to inform the public about the risks to current and future land owners regarding certain uses they may want to consider. The MGAOC is 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 to the waste consolidation, numerous townhomes and an apartment complex were located less than 60 feet from the 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 Landfili reconstruction also included installation of a low permeable synthetic cover system. An active gas extraction system with 20 vertical gas extraction welis connected to an enclosed blower/flare unit was also installed. All gas monitoring probes I�cated around the Landfill perimeter have had methane concentrations below detection limits since waste consolidation completion, indicating that there likely is no gas migrating off the property. Based on the highly permeable soils in the 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 MGAOC extends 200 feet beyond the waste footprint. The MGAOC, however, extends off the LMA and on to adjacent property to the west and northwest. �"` It is important to note that these Areas of Concern can change over time. Therefore, updated information will be provided to the City when the existing information becomes obsolete or misleading. CURRENT ZONING/LAND USE PLAN FOR THE LMA The LMA property is zoned Industrial (I-1). Permitted uses within the Industrial(I-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, blacksmithing, 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. n� 3 DECLARATIONS OF RESTRICTIONS AND COVENANTS � A Declaration of Restrictions and Covenants, signed by the City and the MPCA, and was filed with the Office of County Recorder, Hennepin County, Minnesota on April 29, 1996 as document no. 6566525. The Declaration,which runs with the land, prohibits: • construding any structure on the LMA without the written approval of the Commissioner of the MPCA; and • installing any drinking water wells on the LMA 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 from the sale of State general obligation bonds for capital costs of environmental response actions that MPCA undertook at the Landfill. As a result of this expenditure of 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(MMB) underthat statute. Minn. Stat. § 16A.695 and the MMB 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 of State Bond Financed Property, or any lease or contract for the use or management '�-� of the property entered into by the City or the MPCA Commissioner. 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 MMB Commissioner's approval. Three such Declarations, pertaining to the LMA property,were signed by the City and the MPCA and filed with the Office of County Recorder, Hennepin County, Minnesota—two on September 6, 2011 as document nos.A9689456 and A9689457;and one on October 21, 2013 as document no. A10020547. MPCA'S LAND USE PLAN FOR THE LMA The MPCA's first and foremost responsibility regarding the Landfill is to manage the risk to public health and safety. It does this by taking response actions, maintaining the Landfill, and working with local governments to assure land use is commensurate with landfill conditions and MPCA's obligations on the LMA, as well as the conditions on the affected land off the LMA. Therefore, land uses associated with the MPCA's obligation to protect public health and safety take precedence over other possible land u ses. �.�,,., 4 ^ The MPCA has identified land uses for the LMA. It has done so by considering the methane gas and groundwater areas of concern,the types and locations of response actions and associated equipment, the amount of the LMA occupied by landfill waste, and local land-use desires. The land uses on either the entire LMA or portions thereof that are acceptable to the MPCA are: • Closed Landfill Management; • Alternative Energy; • Public Trails; and • Bulk Drop-off Operations. Appendices G through J show where these uses would be allowed within the LMA. Closed Landfill Management 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 on the LMA Minn. Stat. § 1156.412,Subd. 9 requires all local land-use plans be consistent with the MPCA's land-use ,—. plan for the LMA. The MPCA's future obligations for the LMA conflict with the current local land-use plan; specifically the City's Industrial (I-1) zoning ordinance for this property. The MPCA believes that most of the uses within the current zoning for the LMA are not compatible with the MPCA's future responsibilities for the site as well as the risks associated with the Landfill. As a result,the MPCA recommends that the City adopt a new zoning district and ordinance for the LMA. The MPCA recommends the City adopt a zoning district called Closed Landfill Restricted (CLR)with an ordinance similar in form to the one included in Appendix 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 LMA(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 LMA, 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 LMA without prior written approval of the MPCA and/or MDH. Affected Propertv off the LMA '� Minn. Stat. § 115B.412, Subd. 4(b) requires local units of government to incorporate information about the landfill and associated groundwater contamination and landfill gas migration into any land-use plans 5 and to notify persons applying for a permit to develop affected property of the existence of this information and,on request,to provide them with the information. � Certain land-use controls pertinent to groundwater use and well construction within the GWAOC currently exist to protect public health and safety. First, Minn. Rules Chapter 4725.4450 requires that a water supply well cannot be constructed within 300 feet of the Landfill. Second, MDH has estabfished 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 LMA and on to adjacent property to the west and northwest. The MPCA recommends that LGUs adopt setbacks, or some other land-use controls, in these areas that will preclude structures from being built within the MGAOC. However,where the MGAOC extends off the LMA to the northwest,this area is occupied by existing railroad track and right-of-way. Where the MGAOC extends off the LMA to the west, not only is it occupied by wetland which would prevent enclosed structures from being constructed, but this land is not within the jurisdiction of the City. Rather, it is within the jurisdiction of the City of Minnetonka. Therefore, no specific land-use controls are being recommended to the City for properties outside the LMA. DISCLAIMER The MPCA makes no representations or warranties to the user of the accuracy, currency,suitability, or reliability of the data presented in this report. Any recommendations made by the MPCA in this report are based solely on the data it has, or its contractors have,collected, and only from data collected at specific locations and times. Other sources of contamination o�methane, unknown to the MPCA, could �'�' exist off the Landfill property. The MPCA recommends that any person interested in developing property near the Landfill first consult with an environmental consulting or engineering firm, and/or an environmental attorney, regarding the possible risks associated with the Landfill. � 6 �' APPENDIX A Minnesota Statutes 1156.412 Subd. 4. Affected real property; notice. (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 in the 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 1156.39 to 1156.43 and a reasonably accurate description of the types, locations, and potential movement of hazardous substances, pollutants and contaminants, or decomposition gases related to the facility. The commissioner shall provide and make this information available at the time the facility is placed on the priority list under section 1156.40, 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. (b) A local government unit that receives information from the commissioner under 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. Subd. 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 to human health or the environment; or (2) is necessary to reduce a threat to human health or the 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. �� a .. r:� ,, t t• ,�, � � ' i. � "��' `..- f t '�".jt ` � [' � r �: j � � '� ' �� i. �! _.�- .t Minnesota Poliution `^, �� , , , .. . � • � � � ir •* � � r ..• .r '.. � Control Agency _ y i ,.��"'�.�..��4°y�,� ''�.'� *� :� �. � - � � -.� .' 4 ,�.�' '�♦ = . t •� v!" 1 '� :. � !( Sit�('ont acts � �rv a � �. s "�• � ,� .. .� ''e �r •y"N :~ ' land 1lanager. Sha�rn Kuotsinuja � J ; ' - - '' � ' r . , - - >> r– ; ,s �t � �' - �"•�; , t��, . _'c.•� -- " �.. � Eng�neer: Peter I�iflam� '" ' � ` v. 'r: t - "' -..r �• �r . . � - ^ . - _ . ^�/ H}•drogeologist: Joe.Julik I `'1y� .`'. _ ' " �. y _ � ,�: 4I F�+ i�' .� - . � .:�i� �, � •��J ��'��7! `_��.. yY .:� j r� f-� . ._.. ^� ' ;4�� '"a - .�' ��...�� .- I:✓ " . 2c �• .14�. �� r -' V. \a � . ��_ �:._ 'f .:. 1.f ' �� J �,y A' �� . ; I .� ._ ..+ ''�/ �'.t� �• , h. +,rr •� �; '�t � _ ; if. -� �w. . . '� , . .�. �1 L f } Q' r �i rf .!' i {� _ /��!.��,.��t �.� ��#.• _ . 1 1 ^�� ` '1;•� � S' �.� +_ ~I � �� 61�` /�� r;7�(?' �r s� -. (_ � - .i � '� •�.ryC T S!I r f .� a� . .. � 3� -;.�i,. , i go r,A. -� � .�� " Y;� �5�• , � `t � "-�,�"�}�.. .; ,a": r►� F�"�� `# .r«i� s;� .�� !% �� " i '_ t '��;� ''� � .'r" �F�, � ,��i h� _� �X�. r �� ++ � ;r 169 " �,'r� ---- 'I�. c' -�� i-'f- �� .� •� --� �Y.,�.,. " �`� ��A ,��s '� -a+�. -� , _ � f�, ~, , ` Site Features � �x . Y * _ � t� M , l. .: �iJ ''. j' .� ��y � � Y � ��.. �� ' � ��;� ' Waste Footprint , � � ; '" � �� '� � ��:4!' ! � �, '' ,'°"�'�r � I „? _ : ; � � � : ;� � .� . ` � r Land Management area � •,ti ,�, � � ' ��`� ��. ' 4 . ` . � ': L)esigrrntes the properry thut � •� � � Y ' i �i,y',.•. `. � .�. �� }�..' ��-' f � r�r:., L I —� is uncler the responsibiNty I t �, J � '�• �i: -. ;• . , 'i :� and control of tlie MPCA. �� s r` �4� �� 'i i� �,�, ' '� �, �� . ---- --� , `�� Y M+_.'/ J ��'` 4 '�rjl� �j:� `�J^ .?1 <-Tr�1�" (� � �.' '•,' t � . . . ,� �.: �� J �' . ', � ..�r�.. � Li Ja�' .�..� �� _ . " ., .-� � r .... . . . �r t '� /� ' � i 11 � ��`~ ''• j � �� . . �� ir. � 'y��' .� � �� • � �/ i� �I r� n�� ,�� t��. /. 1 � . ' .'� �� _dJ.. � �. l � {�� r''}_ �!' �',' '�A. ,�� . �� _ �^r 1 i ...� - 1 Y`'� �� V� 11 � • �� ..t..' � J . .. - I ` : . ` _ ."T-"" 1 �li f � _. .,.h• ,� --o.��t�' !A ' �br'^""a� ' �" . r.} `� � '4 ' •. ' � -.,`'3�4��l 2�� 62 �J � ' �;� �` , x ��' �' �-�w •�''-�j ; ' ; '` _ �lr � .� t � � 1� �. ��'J4.�' '�� •' :.Itit+�+ 212 j.y :1 ' Z ' �'� �r n j �t. DISCL.aI>1t;F�.Th�y-.�•P ot�;n-.r�ca:��n.akes nn r.�prec:.r,;ar�cnc or,..arr,vn'i�.. ...a u.or i.-�tc Q�eated.l'l%"0I!bc`...�..�� Rmr,;��roia .•. � ciie accuract'.un-renc-�•.suitab�;ih-or reiiab�ht��of sLis data tor arv purpcne. Ti�is map depu-ts a - i.n;to : ?teters � irasonab;e appru��mation o(impacts fiom the iandfi;!or.iv anc�n:akes no i�iferenr.�abuu2 ' impatts from othzr potenhal sow�ces 1:�Sd;3J FPP( , �..,;c� ,.�,�,, ..-;o C � � � ----� � �., , .r . . . . . - . . � _ ._ : , , _ . . _ - , �� . ;�.n...it-- . � � � a...,. . .� ��"� `.�` / .. � ,, ��jt 4�',�;� ' . Minnesota Pollutian �� , t /'r:. . �1 -� 1' F .�::-~ `r F f� �''�' ' Control Agency _ � � � f �. . � r,� .-----, -��- � �.�. ,�I.��.+�. _z�..�..ri •.,,,�' / - --— � - Site Contacts ,s ,.y � , i• �;,,%�' \�, ' a��.� r.;-�—�r------�- -� � � �� .! ��. �-�' . � � r .��) Iand;Vlanager: Shax•n Ruots�noja �� .YI��I/f;-� r� } Engineer: Peter Tiffam� �. . �t �.�� y ,� -+�'► . � . ��„'I H��drogeologisL• .Joe Julil. / � Y..��'� ! �•. :'� � � y" ` • � .�,-� � ` + ,/��+�I� � � . / .�K� . . f7'� L . �w � �./ ' .. ��`'�I�yYJ � w � � .. • . . _• � f +I�:��.• .�r� . � y ' � ��' ' �I� ''"'ys. � _ ► �� i �� - �= � :��Y r fi7� ;I�� • �I — � - � � �. ,��lr �-_�� , � �"" � � Site Features �� I � � � �6 I`I rl� w� � Waste Footprint � � ' �; 'ti,'� �A ' v �� ,� � �:� Land ManagementArea .��'• I" �� ' y — Deslynates the property[hat �� 1 ` y � J is under fhe responsibiNiy � '�I��: ,II t s� �� — nnd control o/the MPCA. ��' .� � � , _� ---_ __ __�_____.-- - �,�4 R.I � \ .� ��.{ � � � I ' r+s� , 1 '` . .. x '� �' � ,..�—� f= , I. .I � � } ' .? ! \" 1 }. 1. `` ��1�',�t aa"�" ".�a - �„�',',��•�.�....1�1,�11► �'� `�I . , -- - _ . �. � . � 1 . i�._. �..�� -- — -- —. �,�+ . � � M` � , � , � „�''�1'.K.T""' � � r- r"t'T 1� �' ,^-�' •�" �:ti.1► � � �z t � t; !.. , "1� � '' A! ; ��' , . ,, �._-�. .. .t �' 1�� . "M �.� �, � DiSCL.AIMER:The Sta[e ofMinnesota makes no representatiorts ortvarranties to the useras to Created 4%17j 2Q 14 by Sha��n Ruotsinoja _� �� the accuracy,cunenct;suitabuih•or rehabilih•of this data for any pw-pose. This map depicYs a o ;0 6o go , - ieasonable approximat:on of impacts from the landfill only and makes no inference about A'leters impac[s from other poten�ial sources. 1:�.865 Feet Q I�o s6o ;>,qo � APPENDIX D Legal Description of the 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 (Propertv 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 ofthe 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 (Propertv 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 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 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. � ALSO EXCEPT: 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 of said Section 25. �� --'�`•�. � " ,. . �� , . �� I ; p �,. . « , • N' .�l. 1� '�ty� �,� * 'i � r„�""��,... � rt r� � � � + �,�,;., '. � Minnesota Pollution �` _ :��',% • - � '�F.r ., �.� ::: ......-• ��, , . Control Agency '� „r . •r +Y'" ��.''�� e�"'�'�"f� ... . r�_ ._� ./�f� ..:.r �� rI` ..,j ��y, � � "— r ; '� �`,�/� � "�� sa"'r . Site Contacls ,r►�'�� i,��' j I t�. r, �, 'X`,, � ^ ♦ � i ► `r�► ,�}'R �' 7 +�'- � � .' �, / .� ! Land\Ianager: Sha�cn Ruotsinoja , � ' �� ri .�.�:t , 1�" � .� � r i � �� ' •r: - •� " w�,. ' /' �tr��+ �:>,,� � J. r f� . EnRineer: Peter Tiffan} A� � � �'_-� ► � / ,{ F . �� '�rr � �,�t r""� , t : — ....� . ��"""'—� Ii�•drogeologist: Joa J�ilik r,'��' \ �- � *? � r t�, �✓ ' *•'��. ' • � .� f �e" *'�` >� � (—� . � • � � �,��V w..:r.,r � . . � ''�� . ^ s �„►* r r r ► , •,t►* �i ��''� �,�- �j !�"-��"� x b. �s f-• -� �� ' I�•�� ''.I y� r� 'I 7��_ � � �� j� j 'f . (� �'� ' � i � �'^� . .r�_ � �� , t-r�� /F� �' lJite Features ' r � RI� ��d'.�) Y� �.'r � • � � : � �� .J ��'' � ri: , • ` �.:� �� :�- Waste Footprint �, . . � • , ,.ie�: : , �� .� "•-�. '� '� -. — ' !--`' .; ;� ••�.—_ • ' �'�'�+r�- ��» , j�y y ' �' , ,r � ! Groundwater Plume r .o a � � �, . ..A .,... • - ':r M�e -'��rr e� yR�v �,^ ' � Approximvt�nrec�o(the �.�� MR ' '� — rf;'"- ^.� �' ��•�� w ,t� � ,�'�„ �� - subterranenn cuntaminntet! r .r,k,. �. / � '� � �'l� �-.. �' � �,.A��•%•/ ��` � �'• . rw�ye� �� 9roundwuter plume. �� ,� � � � � ;� � �� . /,� . , . �r � ,��,��, ,� Y �� '� �., Land Management Area ////� � ./;l�,��r A. � •r"' .. Des�ynotes fhe property thaf '� �� / � �,,�� /�,� �'.�,j �,,.- Y- I J .�. .'. +� �. � �� - � , j `. is under the responsibiliry r'` '�/ �'~ ,�' ��,�" '' f a` �? �� 1!��' .I � ' � � ' !_, J,' �� ` � � a� �""'� and control a the MPLA. f �� .,� � i � �� . "F �`j ��_��` ' . _ Groundwater Area of Concern � �. , ,� G ��/�� r+ t.... ,•.� r!� ,..,�-� s� � , '�,� - � m , 1� ., r _ Ar�nren where the . A , � : . � / ��'� ��f��.� .�s�':-,,, � , �i, r ��t,-.•� ' w��l qroundwnler may be a//ected � � +� • �� by lanclfill iontnrnination. . . �.. � "I� i^��'�'J .a.-, .st r �' .. 'f �. .;�� , .,=� t 1k �j � .; '�� ,� • � . ' , �� :+�jl.� � � l,. "j�1�'� � ^ ,> �_ �k.. ,,y� t:`� .n .� '�IM�.��,��/� ��-�,,L �a` * �, ' �..`'�. , \ . , '..x. - - - � � _ �✓ � _ , . i:.'�,\ � • 1:�1�'�,:�' �!.'7� 'i —'.:: • �..,,,�� •�!� - • � •�� + .�'� . ,..•� '1�� } '� � �� '�,� , !.�'; ` • � ''�' � . «�' �j ^ �,3�� '� i .� T. . �, b I t '1 T��q�l ,,�;�} � _ � ` . ``s � h :�' ` v � �-� �•• � � � ' ^� J:� �"t. '^�, . � A � . e" �. . .i . � t�'I'',_ =�.1 � � �� 1f� .• f'��_� d�� • � - ,�, �fr n '� . �� ` �� ` -.' , •'.J. .'•`�[ , • r :A� y •� ..'i�1 �-�'^71�rF:� •. _-.__ E•� . . � . f � �! � �r�l` . I: .,�9�r� '�u• '1, "'.� r r ��-N'— - - �+�. ...� _,'� !� . �..r � '� -s.a DI�CI.iI�1GR�.T1��:�tate ufhL�u:eso:.�n:akes r.o reprrsent.�nors or:c.+rranties t�.�:;ie user as ro Cre.+red 5:��:i,Id b��S:tatict;Runi,�nn;.� �� . . the aicw�acp,cunrncy'.suitaoiiitv or e-eiiabilih•ol this data(ot any ptn�pose. Tiiis map depicts a iG� _ro ' . . ' q;, i�easonaUle apprmimation of imparts from the�ardtll!onh'and makes nu inference about MP;°rs �� • mipar,sfromu:herpotentiaisowces. 1ti.5G� Feet �G� �Y" ` \ \ � ��".�Ag�3,:�s nrupae.�i',�ne�;3i�e.��T'�""'�"s�•� _ � - �� ,. , .. , •;. . ;-- .. _ . ,.. . . . , , _ ;: . , _ 'r_.,.- . ..- .. _ . �,,, . K.4 . , ;. � • � � .►.. r ,�..�-- �� :;+ Minnesota Pollution � t �� , - -+ l � ti Y_� , � • � �. - f'•- Control Agenty �..� '`, � , . ' al . �i. �• . �--� •� , � � � �� •� �y,� � t r+�', � - .4�'.,,,) ,y � �.�� ; . � � ` ,,,' � r_. �� ""sII�'�-',�. � � r �-*rra SiteContacts �� • � r . ��iy � � Land Maiia er: Sha�cn Ruutsino a �� r � . �I'S, � �w� �+ f • rr �.� �.�' J g .� � + � �`e•; �/ . ! � �t � � ,� � � �t ' 1 � �, � :. �t , f � ' Engineer: Peter Tiffnn�• � _. �_- •, i�..: a• �^ �: r. �/'g� '�' � '"'�=-� �! �� .� -.4 H��drogeologist: JoeJulik , *j " � � '�-�.R a_�. 1.i�,��J.a.Ja� �� « b" �, ,,�i� r .:% ,� �'j � �'' '� ��'�'� � �� i �`� � � �,_r j�' # -�!�'i' i ,�� r . ,� . � � • � . � / Y 1 . �r ...____'_ _ �'__—�....._'_' .` _ '"_'_._ � -ti� . �� N �.�'�I�.-��.. .- . ,l P� � Site �+eatures � R� �� ; - i ��--' . � � Waste Footprint � �. ��' ' y .,� . , � �• �. !� ,� �;� Land ManagementArea ��r �,,'� � . �� - — Designptes the property ihnt � �� . . } ,. __, r _ f � � �:I, jl F— �,� �l �, � --� is under the responsibility �t.� I y,`�� J/ �� l ond cvntrol of the MPCA. _'�'-d'` ; � � �i . _;:� '' ' �' �' � . I � _ y ��. .''��1«�i.� Methane Area of Concern •. � �� Area surroundrng[he fondfrU . . � � (�� ' thot moy be rmpar.ted by � �. -� I- �I" '�► �� subsurface miyration ot .', `.�. . t l � �' �. "r� methane gas. -�•`� ,,. '�JA _ . ` ►�>��, '�, 3 . -- ------------, .�I I _ , � '�- � .,. I I --r a � - �� r rL� 'r`.�— --' — — � . .�— .i�l � ' ri � . 1' . �. S�� ;�' � • �S �'[7'►K`[t-^ . • � 1 �� -V' .\ � ��` � � . �� ,�, _ 11 i � ♦ ! x�� , � .� / . �s. � _� ,r � �� . .;,, 1 �� f- r ..� ;I , j �' .. `� _ ��' ,' Fr- , a •� �;��;.�:w�;� :. - -- - � ��- � ; � l�.�� ' ,� � ti « „ � . K ti 1 l.' . r � � �',� ' �) � �x'� �'9 F, �`..`' '" ..�' ! , r. ��"'� s -� • DISCiAIMER:The State of hlinnesota makes no rrpresentations or�varranties tothe useras to Created�lj 17/2014 bv Sha�vn Ruotsinoia � � � � � the accuracy,currenct•,sultabiUty or reliability of th�s data for any pm•pose. This roap depicts a o ao 8o izo reasonabin apprmimaHon ofimpacts from the landfill oniy and makes no inference about Meters [mpacts 5�um nther potential sow•ces. 1:3,820 Feet o 1j3 35o �5 . _ — ., r �,�' _ �1 ''�'�'��" Minnesota Pollution _ �.��.� �, - � ,'��' ,r• . ' �r e+ri�� 1�.�i�. TJ..�� _ Cvntml Agency �r i 2► �'/ '\- :�►�l •`;X...:e.. .—..r.- .� �.% "�� ,•r' " _.:�� f` ' .. . ' � � 'c ..aa•-'/� r' � ��"'��. �,;•4' "- � � 1r� M �_�� y' t� , 3� �� - `-'��. � ��w r/�- .��I j Site Contacts r�' v y •� •� G ',If�?�" � R I � _ l��'� � ;d'� �• .+!�`• � ( Land Man� er S►�awn R�:iGsino d • ��. � �`'_�" - ��a� ` `� ,( ._ Eng+neer Peter hHanY . � �,�. � '�" .� •q�, i� -, � � l f�,"��: �� .�. _ �' � .r�� . . Hvdrogeoia�sc �oe�uh► •.I��j r r� Yv y � ,- .�� }�r �" -/ ,�.,� ��, y . ;.. � y�. , {.�� :. � r � . ��.;. _.......• �3:. � � . � ,rr � ;.r•� � �.. '. .� �'.: ��;� � /� � �, +/'S— IK . �.��•f.. �� ' . .;,,��_,� -> _ ,�,,. •/ 'Y . I�- �� , �� "�,� �� .�+�R ` � � � _ � � V► �I� � . �` _ A' .�� . � . � * " `` `� '� r.�'� f i: �, r `� :�:�.r.,,��r`�'� • �� „� _' .•'�� . ' z " . ,- �ii� _ � , , Site Features . � ��r � -� � �. � �:� :�; � �� *�`� �� Cbsed Landfiti � �M��, 'c'"� ,I ; Manageme�t Use �' ��e �: �• —�t; L� land ManagementArea �: '��, � �I�1 - Wute Faotpn�t �I�;; ;ti� j� � �� ;� . .� ��; � � . .:- ,II� * I _- . � �I ;� - •(, f� r 1I , . •`� �� ;��i.�J-►_ _. ...,,1 - — ,/►. :!j"/�d�/!�'r�.�-��I� �' � �_,..- ._...� - - -__ - - -�J � � � -1� ��'L^�'� _ . . • � � � �' i '�e t . � � � � c .}i '�si' � 1 • yd, � . . .� P.ISQA%AIkF fhe,c�ce o!Miti�t sxa naus-•�-cafr:ortU!brts rr vss^rantr.Co t�c ::c��.[c Kr.er. �� Msz��srr.- A:xxr Ma��: - !h/i{WrlC�CUK!'1Cy,WRi'�i CY 6':OY.ib11TV b�tn:G7m Ue u+►Pu�Deiso. S.I.i60 r'r� „ +s.-� ,�.-, �ar. C+aoe ;i Ji�_i]e � ( ( • i 1 � / � __.^ . • � - �, �y r, � � - . �J�:;� Minnesota Pollution _ .�.��■. � ,Y�'r; . ;. r+�,/_� +�.��i�. Z.�.L..J� _ Corrtral Ayenc� . ,� 'F•/� �/. � �\� . jf =��yr,''•��.� i ww � , � . �+�, � �r �f _ � �` K'q•. h \e� ,+. •„s . �s s. �K'� �r . �� • '��' ��!:4. �... � _ 1��I . �� f,� �� :;�;�:�� r. '�,.�� _ � �� ` •�I Site Contacts � . � �� ^�,�':,�� : �',��"�'.p � , , �. �. �� t�nd Managcr. 5Aawn Ruouaioja • �':..• „- `�'��:, w"t"�• � '- 6, Peier h�tan ��,-'r �.,��. �+�1.�'q�. .'4. .•� � .I En neer• Y � 4 i� •/' '�� ,�3 �� 'I� Hydrogeofo�+st_ be Juliw 1.,r, - ,.� - * a V y - • _ �1� ._ ._�� 1 v �1. �•� � ._�� - � � R — T �� # . .. .M�� . ` �. ` ,� r�. �-' ; x •� � �1 ,c�.,v+'h ' �l.».._.y �. ' _�� , ��s•�R'� ; .. 1�� ' ,++.� y ,I� ,I �� , ,.. � ��9r. �� ;�.� J'' � �.� �,y } ,�.� � _1 I� 'A�, ��"'�`�. �,,+,. ,4' .) � e v fs • ', .�,� :`�'"�'�,.t�x'� � � ,�. k,;�, '�I�'~ � `�'� �� .' .. ( �� .�- �,. ,�. . � ��. . ..��. ��r-- ' % �• � I. _ � • �. '�� Site Features k �T�, � � (', �I . (i �1) _ • AltlrnitWE EnEfgy Us! ,��` !� �' �`; L J land NRinagernent Area - � . �� - � jl � WasLe Footpr�nt ��; ;�� ;� , , , �� r � -��. � � �' :� . . ,. �r�!�� . I.. ' I � �,.:..� �' �I -' �r . . � - � ti r �!. ��r �� I_ . . �, �. �r � u � t r- • ��''�_��t��w .. _ �� w.�.�� a�l��t�.l�.�w�., �� ' . ,, �_.-..— �`_ . — — — — �, �: � — � J° . ;... `�f•.;,� ' � . ,, �� k.�.� n � , _ �� .r R. ' �• � � � . �(SCArMER.Tt+�5iXe of N.hnsscta}naWi rsn�presonbt+orr:a�wrr�rarrt�K t0�e uur x to �,�.� f �-. . :r� �A�p auSfae�� Amre Macrs �rexara�ceurre�-ytsuRsar�evor»r�trittyatehsaarsforsmrP��o� i�.�w FOM o xn �sc� :ua �s» sFtr�u . . � . .' Y'.il.�Fl�` ' . .. � ' ` r • � � � Minnesota Pollution � � . , ,.�.��. �'� `�„ " .,, arf. !Lz�■�-Z�.�,_.�A I� "- Contro)Agency � �� I �A'�l �� .l •��`r'� i��•�+ � �I f�,� . r� � f� ,,7 ; �.... �- � ' (- �`� � � ' _� �/ � � 1''.'}." _� � � ��r� i3 - `� , �, � . , ' Site Contacts .�� *�� r r r. .� �' �•* -�r^ � ,� I land t.�ar�ager �nawn R��[smo�a � r �� x - �� Y'`'!.r� ...-'" - _ �:.�.��. Engmeer Peter t,Ha�y .I�► ' '� - ' `".>� � �p` ; � '�,); • r �, Hvdrece�IuR�st Joe 1u11k � �.= , , r ��. . . '- _ �,- �I'.' m• �,�r � y'�!'. � �� I' � � " �~R- ,�iT � � � �! � ' � � � � �r � I y' /• �w �...�_i� •'II, � �. M� _ A. ' _� � r�_�/ • �► ,; - �*• ,� � Site Features 1� �p ;� �' •.' �� :� . y�;; ,� . Public Trail Use ' �'�.�i . �v . �,; r —, r ,I�. , , ' ' � L J land Managtment Area ' I� ��k;+ Waste Faotpnnt ��' ''`� �1 �- �. � --_ ir � � ; -" �- � � "I' � tt �• ; ji� ^� .. •' . -. . . -. . :R . . . � r� �' � , «� f., ;�%��/,i i�,.�_ ---r/�...._ �/�/�,/iir._��i'i ��,�^r ' �_-�.,�--- . _ ��►i. /ii .. � _ �_.. -- - }�y�r� . � �,��J,'{I_�i�� r / . . 4 .. . � . . . � • , � �t.?'� .R . �... t� ,.� � . . v...��, r i; -• `x: . �t,i:_G:ME�. r�eSr�eoatM��netca^�a.e:•��ca�r:crttatbrvso�waTarrtt:rcr-.r�:c•�:•� NtiPa�lr_,- Ann�Mrx�: :Y 3LCJR{�Cuf'i`"KV.f4K]Dlry P"�Rk.i�{ICr O�Sh.i Nti b!ifly PUfpOSf- 1.Z.�T7 .MI r ryr� .Yr. 2Y� L}ib '��7/1'�3:6 � � � � � ► � � . . - , ,, � � � . , ,.:�._, � -" ` Y �� ' . -� Minnesota Pollution •-�•�• _, •;-' �- .+r 'i t�.VL. 2wi.._Ji� ` Gontrol Rgency • ,�, � _ . _ �,- -- - ' �. ,� �� ' /��i 1..:i" '".y r i�v�• �'�� 1 �,- � � ��- �, r..�";~�",`.� ,'" ° '��, �. �� -��, . � -f .�I f Site Contacts �. ��►,-,;.r ' .: � . .,_ �. .�* � t .� r rr � E '�'�� '� + � � ,M (_ land M,nager Sh.awn Ruutsino�a '• .��.' . � ' . ,--�1•� �,/ " ;y. �- �. .,�?.e _ y Enpneer_ Peter t�ffany - .. � ,�' . �,.. :� , .,_ _ .�.. � �r� .�� r . � . �� b ,�;� Hydrogeaoe+st. loe�vuk � , � . . . �,+ . � , '•' . d''i ►� ��" .r• ~ N ��(' 'I� II, �I � �� /.',� ��i �` 7 �!t� s I �j � r � ( . - . ._�; �7 ,r,4.�► _, � �� .,�� 11. . I • ..• � �,�r � I �._-�, ; � S�e Features � �� 4. ~ �� ' '� - ' Be�lk Urop-off �d �� . � Ope►stwns Use ' �,�� . N�, '�` I;`"`" ` -' ; �J t.and[1�anagement Area �� ,If;� Waste�oa[pnn�t �� _� • �I"• s� �,.�. �� i � � � ..A .; ,, ,� �-; �� w I , _,. . '.• I� �i �, ��Rr �. . . �� } � s :��►a/►�. _� �.,� _�d�"-�. ^ �r A�"r�.- �:"-- � . — — ..�- — — ��.rx,r= . f. _ ,, � . . -$ � . } � ' � � -. . , s.x k ' f . ,�.!', i - :�. �� :f. JISCSr�MkP. 'r��,:a.o��tMwn�:c+a�a.r:�o�eR:�sarKsvonscr•wo�ra�rtastot�fevsr•as.e �� ,� �scae:e-.-.� wnncM^��: !np aca:ilraqb c..^rxv.wrtao,ix o-:c+at+trcr o!tt+s Wta t+r sMi Pu�pos+. 12.57' '�'t c� �x, :4•� a-�', �ra •.•r;�,�?ie APPENDIX K 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 (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(MPCA, County,City,Township), Indian tribal, or private ownership. For purposes 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 or improvement systems. Fences and gates shall apply under these provisions. D. 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. Any application for a conditional use must be approved by the Commissioner of the MPCA and the (LGU) . 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. The following conditional uses are permitted within the CLR District: E. Prohibited Uses and Structures 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. L� �--- F. General Regulations Requirements for (parking, si�ns, area, hei�ht) and other regulations are set forth in G. Any amendment to this ordinance must be approved by the Commissioner of the MPCA and the (LGU) �� 1 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 (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 (MPCA, County, City, Township), Indian tribal, or private ownership. For purposes 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 or improvement systems. Fences and gates shall apply under these provisions. D. 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. Any application for a conditional use must be approved by the Commissioner of the MPCA and the (LGU) . 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. The following conditional uses are permitted within the CLR District: � E. Prohibited Uses and Structures 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. General Regulations Requirements for (parkin�, si�ns, area, hei�ht) and other regulations are set forth in G. Any amendment to this ordinance must be approved by the Commissioner of the MPCA and the (LGU) � �