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09-30-2014 SEPTEMBER OCTOBER MEMBERS S M T W T F S S M T W T F S �;M�CNEIL �'"HUNKE ^ 1 2 3 4 5 6 1 2 3 4 FISHER �TAIT 7 8 9 10 11 12 13 5 6 7 8 9 10 11 � LLARD �i`FIRTH L• 14 15 16 17 18 19 20 12 13 14 15 16 17 18 '� KERSSEN ,�ANDERSON 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 AGENDA ZONING & PLANNING COMMISSION Tuesday, September 30, 2014 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the August 26, 2014, regular meeting. .-, COMMISSION ACTION: f={�� ,:�. .r � / / / / CASE NO. CUP14-2 CONDITIONAL USE PERMIT FOR DRIVE-THROUGH Public Public hearing to consider a drive-through at 1728 Mainstreet Hearing COMMISSION ACTION: ,,��j ;, ; G, .: : ; / / / / CASE NO. SPR14-2 SITE PLAN APPROVAL AT 1728 MAINSTREET Public Public hearing to consider remodeling the building at 1728 Mainstreet � Hearing COMMISSION ACTION: � _ �� ,,,�r; , ; / / / / . � '� r� � x � AGENDA ZONING & PLANNING COMMISSION PAGE 2 � CASE NO. ZN14-7 ZONING AMENDMENT - LIQUOR STORES Public Public hearing to consider an amendment to the size of liquor stores Hearing COMMISSION ACTION: / / / / CASE NO. ZN14-5 COMPREHENSIVE PLAN AMENDMENT - LANDFILL Public Public hearing to consider Comprehensive Plan amendment for the former Hearing landfill COMMISSION ACTION: / / / / CASE NO. ZN14-6 ZONING AMENDMENTS LANDFILL REZONE Public Public hearing to consider rezoning the former landfill Hearing COMMISSION ACTION: / / / / ADJOURNMENT � ` �dW�hs it��rt�-��.., .—. ZONING AND PLANNING COMMISSION MINUTES August 26, 2014 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, August 26, 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, and Charles Firth. Jennifer Allard was absent 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 Mr. McNeil moved and Mr. Firth seconded the motion to approve the minutes of the July 29, 2014, regular meeting. The motion was approved unanimously. ITEM: AMEND CONDITIONAL USE PERMIT FOR DAY CARE FACILITY AT 8353 � EXCELSIOR BOULEVARD Ms. Anderson reviewed the request for removing the hours of operation. Ms. Anderson stated that there have been no complaints from the neighborhood since the day care opened. Osman Ifrah, the applicant, appeared before the Commission. Mr. Ifrah explained that many of their clients work retail, and they need longer hours in the evening to serve them. Many work until 10:00 p.m. Mr. Ifrah stated they do not now nor ever intend on being open 24 hours. The Commission discussed why this business had hours of operation when no other day care has hours of operation, nor any other businesses. The Commission noted that this business was close to a neighborhood, but it was also discussed that churches have day care and churches are in neighborhoods. Mr. Tait said he had not heard from those in opposition in the neighborhood what the objection was to eliminating the hours of operation. The public hearing was opened at 6:40 p.m. Judy Worrell of 148 Interlachen spoke and presented a letter from several residents. Fred Berg of 1311 Preston Lane also appeared. Mr. McNeil moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:56 p.m. Mr. McNeil moved and Mr. Firth seconded a motion to adopt Resolution RZ14-8, recommending approval of an amendment to remove the hours of operation and review the hours in s� months for the conditional use permit for the day care at 8353 Excelsior '1 Boulevard. The vote was 3-3. Mr. McNeil, Mr. Kerssen, and Mr. Tait voting aye. Mr. Fisher, Mr. Firth, and Mr. Hunke voting nay. t'�� 14�i�li�■ ■�fi��^ f MINUTES OF THE ZONING AND PLANNING MEETING, August 26, 2014 Page 2 ITEM: COMPREHENSIVE PLAN AMENDMENT—FORMER LANDFILL �. Ms. Anderson reviewed the reasons for the Comprehensive Plan amendment for the former landfill. Mr. Firth moved and Mr. Hunke seconded a motion to continue this item to the September meeting. The motion was approved unanimously. ITEM: REZONING LANDFILL Ms. Anderson reviewed the rezoning with the Commission. Ms. Anderson asked that this item be continued to the September meeting. Mr. Fisher moved and Mr. McNeil seconded a motion to continue this item to the September meeting. The motion was approved unanimously. ADJOURN Mr. McNeil moved and Mr. Firth seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:15 p.m. MEMBERS � ATTEST: Scott Kerssen, Chair � � September 23, 2014 � Planning Report CUP14-2 CONDITIONAL USE PERMIT-DRIVE-THROUGH Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ14-1 l. recoirunendinQ approval of a conditional use permit for a drive-throuQh at 1728 Mainstreet. Overview Marco's Pizza is proposing to operate a delivery and pick-up pizza restaurant at the fonner Kentucky Fried Chicken at 1728 Mainstreet. The applicant is proposing to improve the exterior of the building as well as the landscaping. The proposed restaurant will be a delivery and pick-up restaurant; there will be no ordering of pizza through the drive- through, only pick-up. A customer will be able to order and pick up pizzas in the interior of the building also. � Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What are the conditions for a drive-tluough? Supporting Documents • Analysis of Issues • Resolution RZ14-11 1 � � � ;, , ,�l �l'1 Nancy� . Anderson, AICP City Pl nner �-. Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: i� �� /� � � . , CUP 14-2 ^ Page 2 Primary 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-3, General Business. The Comprehensive Plan has designated the site as Commercial. The proposed use complies with both documents. • What are the conditions for a drive-through? 1. The site is designed and constructed to handle parking and traffic flow according to a plan submitted to and approved by the city; 2. The site drainage is designed and constructed according to a plan submitted to and approved by the City; 3. That screening be provided along the property lines to control headlight beams when abutting an R residential district; 4. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in an R residential district; 5. That an on-site vehicular storage lane of sufficient capacity to accommodate 15 minutes of service be provided for each service station; 6. That provision be made to pick-up the adjacent neighborhood daily relative to ^ material initiated at the site; 7. That the front yard and side yard shall be landscaped, with the front yard not less than 20 feet and side yard not less than ten feet. The building is constructed and has been used as a drive through in the past. In this case there will be no ordering of food and just a pick-up window. The proposed site will meet all of the requirements except for number 7, and in this case the building is constructed and grandfathered with the setbacks. Alternatives 1. Recommend approval of the conditional use permit to operate a drive-through restaurant. By recommending approval of the conditional use permit, the City Council will consider a recommendation of approval. 2. Recommend denial of the conditional use permit. By recommending denial of 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 information. If the Planning Commission indicates that further � information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota — RESOLUTION NO: RZ14-11 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH RESTAURANT AT 1728 MAINSTREET WHEREAS, an application for Conditional Use Permit CUP 14-2 has been made by Hoogland Foods; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Hoogland Foods on September 2, 2014. 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on September 30, 2014: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: Lots 1 and 2, Block 2 Boulevard Manor Addition �" NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP 14-2 is hereby recommended for approval based on the following Findings of Fact: 1. That the Planning Commission reviewed the conditional use permit; 2. That the proposed drives-through meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP14-2 is hereby recommended for approval subject to the following conditions: 1. That the site plan is approved for the remodeling of the former Kentucky Fried Chicken building at 1728 Mainstreet. Adopted this 30th day of September 2014. ATTEST: � Scott Kerssen, Chair � Se tember 23 2014 � PlanninQ Re ort SPR14-2 P � b P SITE PLAN REVIEW—MARCO'S PIZZA 1728 MAINSTREET Proposed Action Staff reconunends the following motion: Adopt Resolution RZ14-13, recoinmendin� approval of a site plan to remodel the building at 1728 Mainstreet. Overview The site plan review ordinance requires site plan approval for the reinodeling of a facade of 50 percent or more if the facade abuts a public right-of-way. The applicant, Marco's Pizza, is proposed to remodel the former Kentucky Fried Chicken building at 1728 Mainstreet. The improvements will include new shrubbery on the front and west sides, removal of the shed in the in the back for three additional parking spaces, repair and striping the parking area, new duinpster enclosure, removal of the metal roof and replacement with Dryvit, repainting existing EIFS and addition of stone to the exterior. � Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What are the specifics of the redevelopment? • What is the applicant's time line? Sunnortin�Documents • Analysis of issues • Resolution RZ14-13 • Site plans , � -,, �} � � Nancy � Anderson, AICP City Pl` er Financial Impact: $ N/A Budgeted: Y/N Source: ^ Related Documents (CIP, ERP, etc.): Notes: SPR14-2 Page 2 Primary Issues to Consider � • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is B-3, General Business. The Comprehensive Plan has designated this site as Commercial. The existing uses comply with the zoning and Comprehensive Plan. • What are the specifics of the redevelopment? Exterior The existing facade is brick with a mansard roof. The brick will be removed along with the mansard roof. The new facade will be stone on the bottom, the existing EIFS will be painted a neutral color and the new roof area will be a Dryvit Lymestone Finish with a neutral color. Parking/Access The parking area will not be changed except where the shed will be removed and three new parking spaces will be added. The parking area will also be re-stripped. Access to the drive through and the parking area will be from 18`h Avenue, and the exit is from Mainstreet. Landscaping The existing landscaping will be removed on the front and west sides of the building. New � landscaping will be added on these sides. The new landscaping will be hydrangea, sedum, phlox and hosta. Sidewalk The sidewalk on 18`h Avenue and Mainstreet will not be altered and will remain. Signage The site plan shows a sign on the front of the building. Any signage will have to obtain a sign permit and meet the requirements of the sign ordinance and overlay district. Setbacks The setback of the building will not be changed. Surrounding Uses The site is surrounded by residential to the south and commercial on the east, north and west. • What is the applicant's time line? � SPR14-2 � Page 3 The applicant is planning to start construction as soon as possible. Alternatives 1. Recommend approval of the site plan to remodel the building at 1728 Mainstreet. By recommending approval of the site plan, the City Council will consider a recommendation of approval. 2. Recommend denial of the site plan to remodel the building at 1728 Mainstreet. By recommending denial of the site plan, the City Council will consider a recommendation of denial. If the Plaiu�ing Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. ---� �� CITY OF HOPKINS Hennepin County, Minnesota �' RESOLUTION NO: RZ14-13 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A SITE PLAN TO REMODEL THE FORMER KENTUCKY FRIED CHICKEN AT 1728 MAINSTREET WHEREAS, an application for Site Plan Review SPR14-2 has been made by Hoogland Foods; WHEREAS, the procedural history of the application is as follows: 1. That an application for Site Plan approval was made by Hoogland Foods on September 2, 2014; 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 September 30, 2014: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and, 4. A legal description of the subject property is as follows: � Lots 1 and 2, Block 2 Boulevard Manor Addition NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan Review SPR14-2 is hereby recommended for approval based on the following Findings of Fact: 1. That the Planning Commission reviewed the proposed remodeling. 2. That the proposed use meets the requirements for site plan approval. 3. That the proposed use is in compliance with the Comprehensive Plan. 4. That the proposed use is in compliance with the zoning. 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X 0 w v m 0 0 z m r— m 4H WN m 0 0 K m rn X 0 0 m r— m ;4oe. as s Jill H "m WYE nDu 1728 Main Street 5 9 i ti Z; Hopkins, MIN 55343 Retail Design Consultants, LLC 8.n.14— 5104 m 0 z m .1r, 0 Z .......... 9.4 ,m FIR I - nz)c Retail Design Consultants, LLC Lr m 0 z m .1r, 0 Z .......... 9.4 ,m FIR I - nz)c Retail Design Consultants, LLC ISO Cl) m 0 Z rn x Cl) --q z G) C) 0 M. G-RAhr . AidElk WM ........... ....... . . .. . ........ .-.- 4 1728 Main Street I I A W 0c ZO Hopkins, MN 55943 Retail Design Consultants, LLC, ^ September 23, 2014 � Plaruling Report ZN14-7 ZONING ORDINANCE AMENDMENT—LIQUOR STORE SIZE Pronosed Action Staff recommends the following motion: Move to continue to the October meetin�. Overview Earlier this year the Commission reviewed an ordinance amendment regarding limiting the size of liquor stores to 5000 square feet. The Commission recommended approval and forwarded the ordinance to the City CounciL The City Council approved the first reading. Between the first and second reading the attached letter was received from MGM. After receiving the letter from MGM, the City Council at their September 2 meeting referred the issue back to the Cormnission for review. The only liquor store in the City over 5000 square feet is MGM. --� Primarv Issues to Consider • What are the options for the Commission? Supporting Documents • Analysis of Issues � Ordinance 14-1070 • Ordinance 14-xxx • Letter from MGM �,� � ! E , �c� `� '1 ` �l Nancy S Anderson, AICP City Pl�er Financial Impact: $ N/A Budgeted: Y/N Source: -� Related Documents (CIP, ERP, etc.): Notes: ZN 14-7 Page 2 � Primary Issues to Consider • What are the options for the Commission? B-2 B-3 535.01 Subd. 3. 67. Liquors X� X�4,� This will limit the size of liquor stores to 5000 square feet or less. This was the language that the Commission recommended previously. If MGM moved, they would have to reduce the size of their store to 5000 square feet or less. Another option for the Commission would be to recommend approval of the following language: Suggested language would be the following: 535.01 Subd. 3. 67. Liquors* *Provided that any liquor store existing at the time of the adoption of this Ordinance may relocate within the zoning districts, provided it remains the same gross square --� footage or less. This would allow MGM Liquor to move to another location in Hopkins and remain the same size. A third option would be to recommend nothing and keep the ordinance as is. Alternatives. 1. Recommend approval of the proposed amendments to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendments to the zoning ordinance. By recommending denial of the amendments to the zoning ordinance, 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 information. If the Planning Commission indicates that further information is needed, the item should be continued. � CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2014-1070 �- THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 535 be, and the same and is hereby amended by adding the following underlined language, which reads as follows: B-2 B-3 535.01 Subd. 3. 67. Liquors X� X� First Reading: July 15, 2014 Second Reading: xxxx 0, 2014 Date of Publication: xxxx 0, 2014 Date Ordinance Takes Effect: xxxx 0, 2014 Eugene J. Maxwell, Mayor `� ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date � CITY OF HOPKINS ^ Hennepin County, Minnesota ORDINANCE NO. 2014-xxxx THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 535 be, and the same and is hereby amended by adding the following underlined language, which reads as follows: 535.01 Subd. 3. 67. Liquors* *Provided that anv liquor store existin� at the time of the adoption of this Ordinance may relocate within the zonin� districts provided it remains the same or�ss square footage or less First Reading: xxxx 0, 2014 Second Reading: xxxx 0, 2014 Date of Publication: xxxx 0, 2014 � Date Ordinance Takes Effect: xxxx 0, 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date �� ♦ ♦ � �' CORPORATION � F.T.L. Corporation d.b.a. M6M Wine & Spirits 495 17th Ave N Hopkins, Mn 55343 July 21, 2014 Mayor and City Council 1010 First Street South Hopkins, MN 55343 Dear Honorable Mayor and City Council, � This letter is in reference to Ordinance 2014-1070 effecting off-sale liquor stores. The premise of the ordinance is to control the number and size of operations selling alcoholic beverages in the community of Hopkins. While the ordinance appears to have "grandfather" clauses that would prevent damage to existing operators, it seems that a significant factor is not clear. The effect of this ordinance, particularly upon our operation could be devastating and in all likelihood destroy any value the business currently enjoys. Due to the proposed inability to relocate the operation within the City of Hopkins and maintain its relative size,the only option would be to remain at the current location. This basically tells any landlord that they have a captive business and can therefore charge rent to the extent the business is able to pay regardless of market values. Being held captive by a property owner not only limits the business but would ultimately destroy its profitability. Conversely, moving the store due to an unreasonable landlord, and yet not being allowed to maintain the current methods of operation, again, will effectively damage the value of the business. � 1580-1 Woodlane Drive Woodbury� MN 55125 (65� 730-0377 (651) 730-0595 FAX "' While we have enjoyed our current location since 1982 (32 years) and do not have any intent to relocate, the long term ramifications of this ordinance could ultimately be devastating. The end result of the devaluing of our business in this manner is, essentially, taking away our ability to conduct business as usual. I do not believe this is the intent of the council however this letter is effectively asking for clarification. A provision that allows all existing licenses including new ownership to operate at "or below" the current size of the package store would be something that could make a difference. I mention new ownership since if a store is ultimately sold the new owner must enjoy the value that the operation has developed in order to give it any value at all. It would seem that true grandfathering including the right to relocate, sell and thereby maintain the value of the business currently in existence is not an unreasonable request. Limiting the number of licenses and limiting the size to existing operations would seem to be an effective method for controlling the sales and availability in our Hopkins community. I understand that an initial hearing has occurred and respectfully request clarification regarding these matters prior to the next reading so that we may be --� prepared with any necessary actions or attendance. Thank you, Jack Lanners President ilanners@skvpoint.com � 1580-1 woodlane Drive Woodbury� hl�l 55125 (65� 730-0377 (651) 730-0595 FAX � September 23, 2014 � Plaiuling Report ZN14-5 COMPREHENSIVE PLAN AMENDMENT—FORMER LANDFILL Proposed Action Staff recominends the following motion: Move to adopt Resolution RZ14-9, recoinmending auproval of a Comprehensive Plan amendment from Open Space to Closed Landfill Restricted District. Overview The former landfill in south Hopkins is owned by the City, but controlled by the Minnesota Pollution Control Agency (MPCA). The MPCA has contacted the City and is requiring that the City change the Comprehensive Plan and zoning to Closed Landfill Restricted District. This zoning is to assure that only uses approved by the MPCA can be constructed on the fonner 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 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? Supportin�Documents • Aualysis of Issues • Comprehensive Plan • Resolution RZ14-9 ;, � • � I� 'li,t�' � �u�� k;r ` �Y� Nancy S. Anderson, AICP City Pl er ^ Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: �� /� i� ZN 14-5 ^ Page 2 Primary 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 very limited uses on the landfill. The Open Space designation could imply that there could be a park or some other recreation use, which the 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. Recommend denial of the Comprehensive Plan amendment. By recommending -^ denial, the City Council will consider a recommendation of denial. If the zoning is changed and the Comprehensive Plan amendment is not approved, the zoning and Comprehensive Plan will not be consistent. 3. Continue for further information. 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' - -"'1r:. . - - - �---� - .- � 'a�7�1) _t-�- Peo.[rc� i . i--C�- ... . � �oC �,�f6 r Str'OS g<<z i,— • _ ---•- _ : _ - "�iGI S nl'}[- xmaJll°`J ' _ :';b:'I 9:�Sb a�e -�cn j .J �� .. >�09'f I!'}o �Rd ` �; _ .oQ.��' :f��ll �nog�Dqnci.�[�m� � • l - � _. , � I_': pp"_6 '=1]Paz?Y\ ! � . ___ - - 09.'9 �)_'}9[ �+a.t�cq i t�. , �t -- i�i �„•.i�.;�,o..�a � - i �.s� t r�r6 �.��.�,, : _ �._��s £s'ti[ �nisa��r�.y-Ucs�aU�w!x �� _. .. �� .. � �---"'� i� ...;1'�'� ;��1 �rucc�Pt��.i-4�<iu�I��nur�j` 'I - i� -":.};�� tt 9tin �rtair�C�.a��.u�.:rc��].u„1 � _ . . — ,��d .�� .n P�.-t � � ___ �..��;ii eR� , -- f - _- ` l ' — � CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ14-9 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A COMPREHENSNE 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: all persons present were given an opportunity to be heard; � 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: Parcel 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 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. Parcel4 (Property ID 25-117-22-32-0092): That part of the Northwest Quarter of the Southwest Quarter of Section � 25, Township 117, Range 22 lying south of the Chicago, Milwaukee, St. Paul and Pacific Railway and EXCEPT the North 33 feet of the East 531.74 feet thereof. ALSO EXCEPT: That part of the South Half of Section 25, Township 117, Range 22, as described as follows: Commencing at the point of intersection of the north line of said South Half with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described; Thence Southeasterly at right angles to said right-of- way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet southeasterly of said Southeasterly right-of-way Railroad line to the West line of said Section 25; thence North also said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. � � ALSO EXCEPT: Commencing at the point of the intersection of the North line of said South Half of said Section 25 with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way; thence Southwesterly along said Railroad right-of-way, thence Southwesterly along said Railroad right-of-way line a distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line to the 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 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 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 Council approves the proposed amendment. Adopted this 30th day of September 2014 Scott Kerssen, chair � � i� �� September 23, 2014 Planning Report ZN14-6 REZONING— FORMER LANDFILL Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ14-10, recommendin� approval of Ordinance 14-1077, rezoning the former landfill from I-1 Industrial to Closed Landfill Restricted District. Overview The former landfill in south Hopkins is owned by the City, but controlled by the Minnesota Pollution Control Agency (MPCA). The MPCA has contacted the City and is requiring that the City change the Comprehensive Plan and zoning to Closed Landfill Restricted District. This zoning is to assure that only uses approved by the MPCA can be constructed on the former landfill. In this case, because the landfill encompasses the entire lot, almost nothing can be constructed 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. --� Primary Issues to Consider • What is the Comprehensive Plan designation, and what is the zoning of the subject site? • What does the Closed Landfill Restricted zoning allow? • Should the site be rezoned from I-1, Industrial, to Closed Landfill Restricted District? Supportin�Documents • Analysis of Issues • Resolution RZ14-10 • Ordinance 14-1077 • Closed landfill use plan } v '� �" �� ;l i.i ;u� t��.� Nancy :Anderson, AICP City Pl nner � Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ZN 14-6 Page 2 � Primary Issues to Consider. • What is the Comprehensive Plan designation, and what is the zoning of the subject site? The Comprehensive Plan has designated the site as Industrial. The site is zoned 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 will allow small buildings for the gas extraction systems, monitoring wells, walking paths, solar collection systems and bulk collection. • Should the site be rezoned from 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 former landfills. � Alternatives. 1. Recommend approval of the rezoning. By recommending approval of the rezoning, the City Council will consider a recommendation of approval. 2. Recommend denial of the rezoning. By recommending denial of the rezoning, 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 far further information. If the Planning Commission indicates that further information is needed, the item should be continued. �� CITY OF HOPKINS 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 amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on August 26, and September 30, 2014: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. 4. The legal description of the property is as follows: Parcel 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. Parcel4 (Property ID 25-117-22-32-0092): ^ That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117, Range 22 lying south of the Chicago, Milwaukee, St. Paul and Pacific Railway and EXCEPT the North 33 feet of the East 531.74 feet thereof. ALSO EXCEPT: That part of the South Half of Section 25, Township 117, Range 22, as described as follows: Commencing at the point of intersection of the north line of said South Half with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described; Thence Southeasterly at right angles to said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet southeasterly of said Southeasterly right-of-way Railroad line to the West line of said Section 25; thence North also said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. � ALSO EXCEPT: Commencing at the point of the intersection of the North line of said South Half of said Section 25 with the Southeasterly right-of-way line of the �"' Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way; thence Southwesterly along said Railroad right-of-way, thence Southwesterly along said Railroad right-of-way line a distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line to the 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 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 Hopkins Zoning Map -- .�.- _ ---� -.: . . n.ia . - -- ---- ..C_... . 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R_... __ _ � Fi �o �� . ._� ( �� ,��p-�.��.._,��el:�i�-S�' "i� Il��titlt�._ �� T .:� ... - � �J I _ r ��i � � ^ � - . ��.��'__ . �_ . �.-J �.. �x ... . �� `�� / - - G �^` � , � . � �r+smunoNA� ��_, � -,-� - ..__. �---..� ' � yr� -- r � ^��1--L '� . � � - � �.. I�3;a �-- ` � I a a- �a K�: - -r'-. -_ , . � i , _, t �_ �� ; � �r ; . � ��h-�r� �. . T_ ��- .��.�' �a�%" � ` I-2 � .� � ��, _ 1, 1 `�r �F ^� I i 1_ -_ . - ..._. . . ' ; ._� � _ �. - � � + �--rt--�- � - --- —-_ _ __ � . , — - - --- - - ` - --`�� —_,.� '�' � �' ZONING DISTRICTS � � j i2 :��:=�� /=,� i� � �'�.----_-_ _; � ��R-1-A SINGLE AND TWO FAMILY HIGH DENSITY t . ._ _ i _� .._ �' � �� '�R-b8 SINGLE FAMILY HIGH DENSITY I -._..- :'��-�.^ _ `' �"� -- -+-�E ��.R-YC SINGLE FAMILY MEDIUM DENSITY _- '�--_ b ' __._ ' - ��_ - /� E �_ � =.��- _ R-bD SINGLE FAMILY LOW DENSITY ~ R-1-E SINGLE FAMILY LOW DENSITY f �� ,_� - ��L,�� _ - % '��, ��, rr—T� -- R-2 LOW DENSITY MULTIPLE FAMILY .. 'y�"'ta6�'^ r'� �. _ '-�-, , --- '��,-�--r. I .�i 'i I�__� �R-3 MEDIUM DENSITY MULTIPLE FAMILY �_� ��w„�� ---- B�� R-4 MEDIUM HIGH DENSITY MULTIPLE FAMILY � ��'E�c----__ . �-. ' '� =R-5 HIGH DENSITY MULTIPLE FAMILY — ��e3-� ��'�-� R-6 MEDIUM DENSITY MULTIPLE FAMILY -'rr'�.�--- ------�-�1-,�. - � - � Y.: i ,y'.]�,.�� R.2 '=r'~�C--j .B-�LIMITED BUSNIESS ,�-.-�_��'�____ ____ _ __ �B-2 CENTRAL BUSINESS � �, � -B3 GENERAL BUSINESS _ �,_!__ _ , -B-4 NEIGHBORHOOD BUSMESS � _J I-1 INDUSTRIAL I-2 GENERAL INDUSTRIAL �BUSINESS PARK � INSTITUTIONAL �� MIXED USE 0 850 1,700 3,400 5,100 6,800 Feet 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—Zoning: 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 A�ency (MPCA). The purpose of the district is to limit uses of land within the closed landfill, both activelv filled and related lands, to minimal uses in order to protect the land from human activitv 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 Mana�ement Area, the limits of which are defined by the MPCA. This district shall applv whether the landfill is in public (MPCA Count� City, Township), Indian tribal, or private ownershi� For purposes of this ordinance, the Land Management Area for the Hopkins landfill a qualified facility under the MPCA's Closed Landfill Pro�a-am is described as: �-' Parcel 1 (Property Id 25-117-22-32-0067� Outlot B, WESTBROOK PATIO HOMES, Hennepin Countv Minnesota Parcel2 (Property ID 25117-22-32-0070� That part of the South Half of Section 25. Township 117 Range 22 described as follows: Commencin a�pint of the intersection of the North line of said South Half of said Section 25 with the Southeasterly ri t-of-wav• thence Southwesterlv along said Railroad ri t-of-way line a distance of 200 feet; thence at ri�lit angles Southeasterlv a distance of 150 feet; thence Northeasterlv at ri t an lg es a distance of 200 feet; thence northwesterly in a straight line to the point of be�inning 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: Commencin� at the point of intersection of the north line of said South Half with the Southeasterly ri t-of-wav line of the Chicago Milwaukee St. Paul & Pacific Railroad; thence Southwesterlv alon� said Southeasterlv right-of-wav line a distance of 200 feet to the noint of beginning of the land to be describe• Thence Southeasterlv at ri t angles to said right-of-wav line a distance of 150 feet• thence Southwesterl�parallel to and 150 feet Southeasterlv 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 Southeasterl� t-of-way line of said Railroad; thence Northeasterlv alon� said Southeasterlv ri t-of-way Railroad line to the point of be�inning_ 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 southeasterlv 66 feet of the Northwesterly 216 feet of that part of the South Half of said Section 25 lying Southeasterlv and parallel with the Southeasterlv ri t-of-wav line of the Chicago Milwaukee St. Paul & Pacific Railroad. .-. Parcel4 (Property ID 25-117-22-32-0092� That nart of the Northwest Quarter of the Southwest Ouarter of Section 25 Township 117, Range 22 lving south of the Chicago Milwaukee St Paul and Pacific Railwav 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: Commencin ag t the point of intersection of the north line of said South Half with the Southeasterlv ri t-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence Southwesterlv along said Southeasterly ri�ht-of-wav line a distance of 200 feet to the point of be i'�nning of the land to be describe• Thence Southeasterlv at ri t an�les to said ri t-of-way line a distance of 150 feet• thence Southwesterlv parallel to and 150 feet southeasterlv of said Southeasterlv ri�ht-of-wav Railroad line to the West line of said Section 25; thence North also said Section line to its intersection with the said Southeasterlv ri t-of-wav line of said Railroad; thence Northeasterlv along said Southeasterl� t-of-way Railroad line to the point of beginnin� � ALSO EXCEPT: Commencing at the point of the intersection of the North line of said South Half of said Section 25 with the Southeaster ri�ht-of-wav line of the Chicago �`" Milwaukee, St. Paul and Pacific Railroad ri�ht-of-wav; thence Southwesterly alon� said Railroad ri t-of-wav, thence Southwesterl�g said Railroad right- of-way line a distance of 200 feet; thence at ri�ht angles Southeasterlv a distance of 150 feet; thence Northeasterlv at ri t an les a distance of 200 feet; thence Northwesterly in a straight line to the point of be ig'nnin� 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 ineasured at ri t an lg es to and parallel with the north line of the Norwest 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. Accessorv 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 i�i e�d to protect, monitor or �v otherwise ensure the inte�v of the landfill monitoring or improvement systems. Fences and gates shall a�ply under these provisions. 544.04. Conditional Uses. Conditional uses shall be limited to uses that do not dama�e the integ�rity of the Land Mana�ement Area and that continue to protect anv person from hazards associated with the landfill. Subd 2. Any application 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�v of the landfill cover, liners, any other components of anv containment svstem, the function of anv monitorin�vstem that exists upon the described propertv, 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 svstem 2. Walkin�paths 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. Anv amendment to this ordinance must be approved bv the Commissioner of the MPCA and the Citv of Hopkins. First Reading: October 7, 2014 Second Reading: October 21, 2014 Date of Publication: October 30, 2014 Date Ordinance Takes Effect: October 30, 2014 --. Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date � DRAFT � CLOSED LANDFILL USE PLAN HOPKINS LANDFILL � AUGUST 12, 2014 Minnesota Poilution :�"_"�{�� Contraf A enc s. J Y ,.-- � � TABLE OF CONTENTS PAGE NO. INTRODUCTION............................................................................................................................................. 1 SITE LOCATION 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 PLAN FOR THE LMA........................................................................................................4 DISCUSSION/CONCLUSIONS........................................................................................................................5 DISCLAIMER...................................................................................................................................................6 .-•. APPENDICES APPENDIX A: MINN. STAT. §§ 115B.412,SUBD.4 AND 9 APPENDIX B: SITE LOCATION MAP-HOPKINS LANDFILL APPENDIX C: LAND MANAGEMENT AREA-HOPKINS LANDFILL APPENDIX D: LEGAL DESCRIPTION OF HOPKINS LANDFILL LAND MANAGEMENTAREA 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 �� CLOSED LANDFILL USE PLAN HOPKINS LANDFILL � INTRODUCTION In 1994,the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (Minn.Stat. 115B.39- 1156.45)which created the Closed Landfill Program (CLP). Under the CLP,the Minnesota Pollution Control Agency(MPCA) is responsible forthe cleanup and longterm care of 112 closed, municipal, solid waste landfills throughout the State. The mission of the CLP is to manage the risk to public health and the environment that is associated with these landfills. Landfill gas migration and groundwater contamination can be serious issues at 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 1156.412,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 1156.412,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 impaded 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 ofthe 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,silt 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 precluded 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 Landfill reconstruction also included installation of a low permeable synthetic cover system. An active gas extraction system with 20 vertical gas extraction wells connected to an enclosed blower/flare unit was also installed. All gas monitoring probes located around the Landfili 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. � 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 environmentai 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) under that 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 orthe 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 uses. 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; • PublicTrails; 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 Restrided (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. § 1158.412,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 �1 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 weil cannot be constructed within 300 feet of the Landfill. Second, MDH has established a Special Well Construction Area around the Landfill that prohibits the installation of wells in this area unless approved by MDH to be constructed in certain aquifers and following certain construction methods. A portion of the MGAOC extends off the 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,col►ected, and only from data collected at specific locations and times. Other sources of contamination or 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. � � �. � � � _ . � _* �: � � o ;'� � .,' -;* � ; ;� ` � ;. •� �' �1, � �. Minnesota Pollution `,� , ,�e s ' ,ti., ,; , $. �� , ,� � . f � ; � ,.F , .- ,. Control Agency •S .r f�'+ Y��'1.�` � /� y �i ^ .r, j f •t'!L ' �t � � �, • '� �• _�, r�. ' S SitP C011t�C15 4' J, � t � , .{ ; ' ,�„C , � +} �...i ,� � '-�' }� ,. �� Land dtanager: Sha�cn Ruotsinoja c�. � — .� s �- ; t ` , i � .. „ -'" � y` -�+' � z � '• ' � Engineer: Peter Tiffam� �� !. `:� y�' .y :._ _�. � * � ; �� ' � •^ � ' '' '` .��f t� '� �� Ht�drogeologist: Joe Julik ' '� ' �., , .�' � , ��z. r , i 'F` � - i x aA�'" ...I -E• v ` „ i ''�. y .� _.y � �� YNr.. ��,.:' '{ � 1, i... . '. � �F� 1�I :V, f� � t R 4•r �_..�� .� '�"y,',r � lr se}. ¢ I l. '• ti 1 .��r► � : _' `T �' ..1"� }� '`. . ..+r •��• .�t�• t G;r .f �n �+ � ��r, �f.�R� ` • .. ' 4 . 'r � / .�, ,+' � ,- •�� ,�. "�r'•�. M1�, F� 1'��j� � .w � � ��..s j �. �. .'A . _ ,�, �t �5 � �� . ,. / ..� ' J � , � �l ±�i� � _ �� .i �y Yr �- . � � � 'I y� t: 6, 1r► � ,r�',••r�`2 . : �ti �"'`i r � .,�'�,, .y .i �0,�� ', -,1..t�� — � y• aF u 4•� ;, I �`t�°'�i.-' '` �3 =?t .c I .< � � � �� ^��,�', .' � �� '.�}} � �f { �! ` � �:r � �-; �y�� , t 1 �' � . ,� r� �I�_ � � _� �. ' ."'Y�!. ��'.; M�; ��` [ .,? i. +;�f� �y r j �� '-'�.�� 169 ":?7', .t ._:—.____ �� :,: -. ;. ;; _, '�",� - ' ,..;,; w � Site Features .y /' 1',�T ,' .l t'3,� ?i� ,� -w� -,i • ''e . • �r� r � >T x F '��' ` _ * �' � Waste Footprint - ^+ ,c. �� t'.' '�;�i �T• _' � .� ` � r ; . _ / . � 1 � _ � - � � : i �:. � ;., �, ,, _ � �.; _.; � � :r: > -,� . . ` t •c � � �� Land Management Area , q�, y � ;w• , {, .� `"` t "� ��. , �� '�...` •,..0 ! Des�qnntes the property�hat � � �j '='�-.. ' r'r .�y..;� ' —� is under fhe respvnsibility �tc .`E�` ' ,�: �:� „4�: � :�!� , ��,: % : . �• , ,,, y.�;� and con[rol of the MPC/1. ti � �� ,,,�,� 7�_`�� -�. �� , ,� � ., �;�„#f — --- �' ...:.,s• y�� ti' � �. ' ♦ t , ryt� t,�,, t .rh, � � � r r ti ��]Q��,-{y � y�y '��.. �i .� 1,-:r. ?•r, u t` r, i i� .lj/��!�.s, .. �i� �.� � �y '�~y„C� 7 i !'` ��. ,� � r � C� . i .. , i : '.'�' � ' '` . . :..I`. �.. ��-l� �..A� _ F. � � � ;•. ,.[ 1' NL� •• ,..r� . . � ,. . � ''•f 1 J:l•�.� f ""` � .�. - "� }'� 4 ��,�.�-q..� � . _ �► �i:= r� i - , % f .. .�'� {..' etd �- 4 � �. r. '� � ,� �- �.l�'.�. i. ' } � :F. ..� '� �.�1�i �4 4ti .;..;1. . l" �,�,,.�^�' ~r ' :...� � ♦i � ,. �r ,r ,, °t^�y '� ; i:� V �{ P 1 \ � S,� 1'`�{'�— t� � �! i I . ,` : := �4., .�� 1 _.,j t�. • -C•a, so-� rRi*+ rt`;�y t'� � �i„ � � 'Y'�t C�. f' ��-"� � i M� '•. .'' 't,, � �� ;t�+ '��}'... �,62 �� .� � ` ' . . �. �n{.2 ' ��1` ` - .�t� � Mc , �. . � i .:.\ � C .. . r .. ... � � ! L �.� ' .T�'+J �� r 1 ' _. � '�� :� ' � ^} j'- �`�. ', ti - a-�- �`'� (- a z�z ,�.+ a. :K ,�� h '1 � 1:, - W� ..i r �_�•w.i. _ ' . � ... � , . ,. . M- 1 DISCLAIMER:The State ofMmnesota makes no re resentations oru�arranties rothe i�seras to � . '+` f.! 4 : � p Created 4/1 7/..0 L�by Shawn Ruotsinuja the accuracv,curcrncy,suitabilih'w'reliabilih•of this data for anv purpose. This map depicts a o �;60 -2o i.o8o . r�easonable approximation ofimpacts from the landFill only and makes no inference about Mete�s ? _ . . impacts from other potential sources. 1:�8,637 Feet o i`�o 2�� ,�� ".:�� . ;� , � � �;��t '� ��r�,r f'�;� "' Minnesota Pollution . - ._ `� � f , i j 's � . �_^�< <� �`�r� Control Agency �t , r y •�' �. j��_ .��, / .5/,\; z► /�-.L�� w�_�-i�� _;/ � - �,� — ` � Site Co�ttacts ), I , � •`a � _, - �,,—,-�-=- � �,��~�'f '� � � .s/ • r �I Land�4anager: Sha�vu Ruotsinoja .A�� /� -�/� �. �t�?!-�_'�_ � ��//�,a� ' � ��'�+!, c�, .� Engineer: Peter Tiffan�� r�'" I r ,,�.";i " _ ��' , �+ "I ! I�cdrogeologist: Joe Julik .I� :/� 1^!�� +,�r��', ly " . . ..`�- ?w , ' � ol. . �, � � T..c�' aser+T 1 N ` / . ��.Y*1 . . , � ;�Il � �'�:3,r i/� ' - . ,�: ��V.�..:..' -- -' � �� .. .,� .I,� �`► .�-. � � ., r. ► � . . . �� - - . � ., �� '�l�► _ � • �� •1 r.i*��' � . , . . �,- ... ; ,.o.�..�'. � , 'I r.��s"' _ � � r � ;KR , I. •. . . . . •I. i �� -�� . .r-��F/' —._.� _..__'__—_.— ___ � � � ��' � w� Site Features � �� I� �� ' '� .� . � I� �� : � Waste Footprint � IS w�� ,1+ � �I . � � Land ManagementArea .�• �• �I� _ — Desiynates the�rvperty[hat �I�� t 1 ; , I —� is uncler theresponsibility � I �I�� :��1 � � � .•.j and conirol of ihe MVCA. 4',� �:�. � �� iJ _..__.,_._.-----� _� ._ � �r � ';� �, ,�, :r.,R ;. ` � � �r � . , . , ;. I ��• � � I � -� � ; ; , .j' I '. •��1�� >� wt� I �� . . , s•;,� i , ��.�1�,,►..�� _ - ._,,,�,,�, �� 1 �, — ,—`'- ; - � z ;�� ` �� ' i� , �� r r,- �,• N � ��- _. _ � - ;:� � .�� _ �� . � ;,. . .N �. v. _, � "� ` � . D]SCLAIMER:Tho State ofM.nnesota makes no representations or�rarranties to the useras ro Created�}/ll/ZO1-1 by Shat��ii Ruotsinoja . ;v�� - the arcw'acv,ctn-rency,suitabilih•m'reliaUility of this data foram�p��rpose. This map depicts a o go 6o go , ieasunable approximation ofimpacts from the landfill onl��and euakes no inference about Meters i�npacts from oNter potential sources. 1:�,865 Feet o 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 (Propertv ID 25-117-22-32-0070): That part of the South Half of Sedion 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 of the Chicago, Milwaukee,St. Paul & Pacific Railroad;thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described:Thence Southeasterly at right angles to said right-of-way line a distance of 150 feet;thence Southwesterly parallel to and 150 feet Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said Section 25;thence North along said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad; thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of beginning. Together with a nonexclusive easement for road purposes,over, across and upon the following described premises: That part of the South Half of Section 25,Township 117, Range 22, described as follows: The southeasterly 66 feet of the Northwesterly 216 feet of that part of the South Half of said Section 25 lying Southeasterly and parallel with the Southeasterly right-of-way line of the Chicago, Milwaukee,St. Paul & Pacific Railroad. Parcel 4(Property ID 25-117-22-32-0092): That part of the Northwest Quarter of the Southwest Quarter of Section 25,Township 117, Range 22 lying south of the Chicago, Milwaukee,St. Paul and Pacific Railway and EXCEPT the North 33 feet of the ^ East 531.74 feet thereof. ALSO EXCEPT: That part of the South Half of Section 25,Township 117, Range 22, as described as follows: � Commencing at the point of intersection of the north line of said South Half with the Southeasterly right-of-way line of the Chicago, Milwaukee,St. Paul & Pacific Railroad;thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of beginning of the land to be described:Thence Southeasterly at right angles to said right-of-way line a distance of 150 feet;thence Southwesterly parallel to and 150 feet Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said Section 25;thence North 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 Southeasterfy 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. � ' � � �.w�, �y � . t . * .. �' !. � 1, y .,�,+ ,," , � /. . �'� `.� " �` o��+�'+•►��'' "` -� ^' �� '��;� - � '^ ,+t�� ,* � Minnesota Pollution . , __ �~''3'fr� ••, �' ► � � �� •""'. `' '� ' ry ��t } - .�H �� ...., � , Control Agency t„� � �° ��'-• _ �r , � . �,.j � � " � �/'� �;.r . ''""* .,,_.��!''� - . •-�Ir`Z�"i- r-,��-,�► r. "�;��/ a* . y�� a, r � � I �f� �.'� 's��''� , Site Co�itacts ��,- i� ( _ , . r `� .A�A��Nn.�� :( ,' ' ' �' '�.� � '- /'� .!'''�� Land A�anager: Sha�cn Ruotsinoja � ��`. ,�= _ .� ; �"�", rr�.� �/' � . � �` r � � Engineer: PeterTiffan}� r-----, � y �\'�'* + 4 � ' i � �.�,_;.. l II�•drogeologist: Joe Julik �� , ��.A� :� � � �:"a i1�' �. ..� � ,� . ►� � 4 ' �+ '��r .� � � � '• -��'��: •�t.�wMN� . s�45 '�•`�;�"�`�'�'�i�i•��•��.��?,±�� :r�l��?� r y , ��• ' �� •�� • �1�I �-- � .r•� f � E, �.�f� (� � �� . � : ; ,,.�- ;� �—", � ,.;,�,� I = � i�. . Site F eatures � ;� �'a «_ +' � '��t r-� � "�! .�,,., , �'��f` . . ... � .,.�e � *;.`� . '�-� . '. �::�, Waste Eootprint �-M� .y . . �� : ,� /�.t �.^ .��: . � `.�� •r'�` ' -r'-�- 1 � ^••—_ � t;,;�._ / . *-. �. / '�` ,'e f� � � Groundwater Plume y�'�� « � - � . '.� , �j' �/'//,t «�-.,. ��;.��r . �r,- . , Approximare nreo of[he �+�y ~� �� ` '� — ,; ' �,j" %j�/ /��,.�� ' '�'� , �,�,� �� _ ,��.t subtenuneancontarnrnated *�+ . �"'� '� I % .'f, � �-.�' �/rj �.;�'• �ti �.. � �. yrounvwater plume. `' • + " '�;�•r�'f % ////,��/ �%� � �' 4r'�� "�. �-r • - / � • �; , ��. - Land ManagementArea � �� +� :. ,':� % �///� .� �, � /�,��,� • �,� � � _ � w � ,,// � /.�� i:!�-��. ��„�,�"� . .; Designotes thr pruperty t1�uf s� +r+ r, y'•1I, ,`// �j�J ;,/ ,�' /,!�/�j�/' ��/ �� ' ,.j�`� .� � � is under the responsibrbty � • / // �.{ //`�� f/ ,� �'.`. i andcontroloftheMPCA. � + ��,,!"' , � � /� ' � �ir` ,,� .f,�li•'�,�/'"�� y I / �, �� n•.+� '- �� - 5 r �� / /.� / ,�i; .`� �'+ �; t ;+.+�` � �� GroundwaterArea of Concern \, .P• .. .r:. r � / //� •'/�/�f;/� � ,�. .. . .�1 r.r— 'ti. _, ;� . 1� ..,� '.�I / �/�'/ / � �!'• „ ' � An orea whe�e the ��' ,% �� j // '.�/��'' �/ � f* - .. r • . • , � �I � //�/' /./ ��,J-j��.,�_ �y"`•'+�. .,* ' - `r� � yroundwater rnay be n/fected f► . R;�I ��, �,� , G ��j / /. 1�///� �//`/�'�� - � .� �`. yallt._- _} . . . . .��,!/�/��:�%j�!/.�r:!I/".'i�;(�_� �_:st . � `�"" '. +t• �if�'ii� by landfill contaminatiun. ,� � '•i'%�� " �'7�* �-�// ,l,/��%/�/f��/•�/f "/fi/�f�e� t' , . � _ y�� . . �S�il. . N�.�'y �� I� ` ��////� ��ff�li�fi i�%��%,��,�'�' � - 1� �+r� � � '41 .�' '� I�/' �''-f/,ri-��_/�,��:�sr�'`�r/s ��,� �'+rf"�j �R. _ .� ,;�� . . _ . . ' , . . y '.�" � .. � 'jl�i?��:.�'�'y�._��' � - . � - ' ' __ ... , ".� . .. � ��• ��S.Q � .+ _ � ' ,y�Fr�. � � '��j,� � + M�` ,: � �_ � J � .�� `� � ;. �+,► �'' �'" ` r �r+�� ,,,'�� . r �� . �� ;� �. ��►.1-;`S,�z .R! �� . . I s3 f- . [ E'; \ �. �� . � �� 4 � � �=� ' � � I . b� A w '� � .�.•�1 '. � • • �^� � �If. ,,��`�[' ' y . , •�!!.!�.v t °��1�j,�� «. � �`' '�,S� ir- ,. �'�;� .��rL I'�y r, '� `'�!-`, `-- —� -i � tf..' �. . �t. " Y'". •1► , �l� )• ��Y�r . �L'��'`F.�"!� -tiyr, � . f � � �� .♦ :'�* '/- . !�� ! _.�; ..'^7. �, . � � M . . �N� t l i-. � !�.K � . . �•�r ��^'3 1: �' i �;'.;r �s �� / ?• � �.� .;:.., �+�+�4�. ~ '—:�# � �- � . �� DISCLAIMER:The State ofMinnesota makes no representatians or�rarranties W tlie usoras to G�eated 5/'1/14 bv Sha�vn Ruoisinoja � � - � �• -' � the accuracy,cm-i�eneq,suitabilih•or reliabillty of this data forany purpose. This map depicts a � � i8� :� .. i rt i i� � ��easonable approsimation ofimpacts from the landfill only and makes no inference about Merers 9 • I impacts from other potential sources. �;6,5�.� Feet o ro .Go 6 � I 1 9 ' � } i � ..Y... ; � �, _ � .�`� :i Minnesota Pollution '�.'' � ��) , +► ,'`' `�. � �: .r, .� . �� Control Agency . i,a,.�.� � _tr �.� � I -� � � � � �� _ �-. • � cc. �. � s�'• ��" p � ■� Site Contacts �►�r-� �r„-�:v _. _ �� r��-'�"'�, � ��s � �� wl^��, S J � �,.,..�r— .� �' j � L,and \iana er. Sha�cn Ruotsino a � �; �� 1 " �+ " ��!S �~� y' f%'� .t � � � :f � "�t`i f . . `f� �� -' Engineer: Peter Tiffam• y . '.. � � _r��, ► /i} � � '"='� t '_��'`` � � H}•drogeologist: Joe Ji�ik N �.�Iti MT I _"''!-�//'.\�. :; �/'I.a'1i�.r.il.s�'�� -_ �..r.�F�.�J�'�� -n � ` ` `# -�- ' ` ' �� •�' � �r �. ,� � �� ' . , �-.�'; �'� � �,�^=^�, 'j� � / + ��.•."�, I �r.— . �t" � / • ,.»; _ _ ._- - –_ ______._.. __ ___ � -� � ! ' ��I"_ -,;;. .. _,,,," • ' Site N'eatures �� l �: .��N � '� _ ►e � �+M�;,+ _ - � t —' Waste Footprint I �1�- , al�.�:, � I 'I, i��+ . .�,�� -� :;�, - Land Management Area • • .;._ .r ; • I �I �. y� , Uesignates tRe property ihnt r I `I r-•!!� ' � ��~ � —� is undpr the responsi6ility �' y-p,:� � ��'� s f �i�'�� . �� ond control nf the MPCA. •:,,,�-„o�,, .. � ,,� �' �� _ '� Y ; =� - a � ' , � �� _" � , � �� MethaneArea ofConcern � � •� � �I �I � t �� Area wrroundinq the tandfill ' ' � a � �, that may be impucted by � � �` � ,�r � - ��-�' •� , subsurfacc migrairon of - - r. 1 +ir`�i �� , � ,I l � � KM �J"�-, mefiiunegas. .� � ��,�� '� '_��;: -----------. —. ,,1` ` . .� �� _.*`' ��'+�' �"�;- . ! �, , � . . '. �� I . I r t.i ��.r i c � <• `�� — '— � - — - — — — �T-!��I��..� .. � �. I_ ._ �_ �. r� � �� '4.n,� ��M� ....' , f •t�: .f. " .��3r,�r� . 1 � )r . . • , � ' H .� �.�. � � . .. � � ` . � . . . � r „ . , ,. V. ! r,� � . . ' f'h� • +t , �_ -r, ?r�t � ,,,� wi (� � �� r,� � :� � R�t`i � ;~ �C r��i' : ___ . .i . � .l � - �� ' .J►� � ( _s. . 1 R .�,. ._ . ..� � `pb4e �� 'S�.^!!'�'.v _� �1 �� = 'I J:.• — t Y.�—'s i . . . � _ � D6SCfAID1ER:The Stata of�ti�vtesota makes no representat�ons or�•;arranties to thP user as to Creaied-4/17;�014 bV Sha«�n Ruotsinoia ... � �� _ the accuracy,curnency.suitabilit}'or reliaUilih�of thir data for any purpose. Thi�map d�picts a u qo 8o icu ��easonaUle approximation ofimpacts fi�om the landfill only and makes no inference about Mete�s , im acts fi�um other otencial sources. Feet P P 1:3.820 u �� 35� r5 . � \ \ ► � � __ . . � . � . , : _ _� , _ .x,,,t,,�:..:�, � . � r � � .. �+�i::.-� ` �� ` . Minnesota Pnilution .�—�...• ,,. �•/�'- • .. 3++►,�,,/�.1� Z.�.I�.aa...�� Contral Agency �� ..A'��f �� :•_..�'f— — '"!��r��,:�=r—.� �� ,t ( � �- • � : ..�• -� �,� � ��.~�.�'�� `� _ � �-: ,�. "'. ,;.�t`'. �{ ,. r . .`�� Site Contacts -�„� .,� � ,� • f� ; .ca".r � � � / 1 �, ' ''`4�f f,. � /� � � ' • j� �� 'r' . .�,�'' ,��. � ,^�_ � fw":: 'Tj"!�� l.and Mahager Shawn Ruotsmo)a � �'~ . �- ` t ..��' �� ' �Y.�. ,�,,ua„r'.' .i�.:- ,r� �,,��I -- Eng�neer. Vetfr TcHany. V �� y'/ ,e.�, .�. �� ;:,��° � '� � 7 ►lydrogeolog�st. be luliw . � - r• r. , . . .�*.,t4r��.�,. •:i». , �« 1.. .. � ��'��. � `� �..I•� a'��,• ..g,;.� � . r��z ,Ar� . � 1,5.�� + ♦ r � , , y. �... '•' ' � t�'':.af �f t ,� �., rr . , �,d" ..�� + .a. .�*� -, . ,��••»-_- '.: � � . .l'. � I' . �,;��"` '=�'' �,��.�,f�: , .�. '` �!',�'a �,�� •. I �� '�` r , . � r . .. ' � �' � r -�'� ;. �,.. ,��`� 7,f" � I .* � �"�� ,,�.� - �,� � � �� , r� � � � � . � ' - � �j� �f � �� . . 1 {�d � ' � F.�.y�'�I� � . .. ��.lY��ar 1(r' ,C�.Al�I3_��"F• � ! � � +�i� �� N .I�� ' � .V -��' e} ' .X . � . � ' . �. . '' T� �'"., "y e.� �) .a +Ll Jc' . . �� ' � t .� I V '�� ;��`�,� ~�,��p �:z , , � .�� :+� F �` , ; Site Featwre� M` �f . �. ,G. �y�.�'x� . . � .. wM •� � ,�'�� . : ,�_�� / i� �� ' 4:+' • y �� '.•!' � • �7'"�, � • �� .��+ ' '� `• ;, � . Cbstd l.andfill �= f�_ 'I : �. Management Use � �� • �- - L J land Managernent Area �' _ r 1. �I� WasUE footpr�Rt �y� �tir� � � �r � � �� r � �"�' I' � � � • w�_ , . ,�, . ` . . �It i . � • _ ��1 ..?'� I� ,I � '"` f' "1NR+� `" ��t . . - .. . . . � � I � . . �� _ - ',.r-- . �/ S ��I `+ ' � ��/"�I.L�.� -.�.��_ " ,�'.l1r�If_��I► y �� . ,; ;__— = _ _ _ _ _ _ _ _.r,�-�..�� .' + � , , � t tt�*'^ ' : , . . . . ,- ;�:r i , ' ,�,.�.' r., ..45L:.�I�AFn ��rr 5:a!e•�t M:�rtSSUa na�...,a�G�rsa'rrt�:�ans a•wv�ra!r[�s tr.t�r�szr.r�.c� �::rr� �. �•:� MaC authe-Anrt�Mwr: �`ract�ral.:ur'o�cy.wrn�tr�c-rot�tr�rcrrrttnaCstabranypurx�ce. i1�`.,G4 °�t o Nn al..i �n Qatr ;J1�':d24 . ' �� " - � . � , �� x � � ' � � � Minnesota Pollution -�-�----- '-s'"� !/�`=��,• :,� � �'.� 1_�+�.ii. z:..a,.�.� � �� r — ' _ � - Cvntrc�)Agency '� � '� . ..:� :'_\ s� }� �� `�'��1 ��Y -.. t ,,r ��i f� '/'� '�,��l � ��` ►�•F �� K �S� , '�� ,� ��►* �` �j h �� _�.r��, �� . � Site Contacts ,, � �i- �:�. �� ... �. :�,� �� . .� �� , � ",y.4.� �_ ,� �, � � �, . "' �. �; �' Lantl Manager 5hawn R�ncsuio�a u �,f,- •��„�,. '� .� V ��.I • E�gme�er Pet,�r tiHany. �,�,+ �r'"'�,. � 7y "��» �/ �� p �,.��, � ,`'� �I# HyG/CQ£UIU�;�a[. .t��15�IIk i M:1 �r f' `'1� p,. �. o�-�. .. _ ' ' `'�'S,,� .. " ' � � � • �w +� uO� .�.. .�•.�� . .-1 L� ... � .. 1�, 'iY . - � _, �.. - �..� r ,�'� • � ..� ,, �� .•� � ,,-;� . ��,� � �� .:`�� , �' . ,�. .3, ,� _ +�, . �._ �. :b+.M. '�� . . 1 • ,�' P� �. �, '? � — _ � ,I�e•� �� e� � � - .,,�*,1 . ��; fi�.� .. �°�-.� • r , j � � { J '+� ; �'�~ " I� � , .#14�� ,� ,�� , ; ,�<4 ti� ��_� "I ,: .�:. (. � ��.�, .* �. � -� ,. j.� ��. , �� :( �'" � ` � , . x , ,it�� a; �i� �,.R1 �` v�, ..;..,r ;i }� i �r�� i � r• I� �-:�� , . a� il�'a,� .. � . . 1^. � . gv,� . . �'.;...��{ ' Site Fe�tures ,t�r. i � 1 I ✓ � (t `1( _�� .. �'� �il • Altrrnattve Energy Use ,;�•J I� . � I� ,�j�j = ' L J �nd Management Area 1�I� , �y , �� Wastt Footprutt . I�, I4� I*. . . , � /"' • . � • �'� . ._ � _. . . . �• � ( I�, ;.: �' ; � -- , , � � - . _ � �h� �I . �� ,� �,� � � �,I�t. rs . . �� . - � �. � �a+_� .=�,�� -_ — — +�►.'w� a''4�►`Ot,.��..�i�i�� '� . , � � � w �, �• t�a��* r f - - i _r,t' s:r'f% ' � � � � � a �� o".� � �� .� . �i , :454.AlME F The Sata ot M��n�scta mat�rs-a�rProsertta�w^:e-warrM rs ta t�e,�scr as r.a� M.ncrc � - '-�• "+'' tA7C a�.Rho- Anne Marr: !`re acc�ra�:��.u�c-ticy�wcta�+ev e�crtt 3plrcr M tn s 6�ta b•ary purposr 15.564 �Mt {, p�, i5tr 2tr. Clab i:7/:tl14 1 C � � . ► i . '_'_ . __-__� ► _� � ,_ � � ' � � � '�� Minnesota P�ollution ;--l��, / ,:�'�� ,,. r�� .!��.�.��.?�..1� .. Control Agency t ,ti� � �.4�1 s� �r '�l. .'`.�'h . - — i M:� •.�' � l' If'` rY�• ��!3i f.,. � � � v /�� t �� . `� � '`�� `� '' �:; �'*`� �� ' Site Contacts f y.��- r. ��-� '}. •E � �-�'�� • [�} " `�� ,�'*�I ' Wnd Manager Shawn Ruotsm��a � /' � �� . � �,r " •�~'�' "_ � �. ` I Eng�neer Pete� T�Hany � / -�� '�•'•" ;,,��. ' ; � �r�� r r, . ' � Hydrogtolog+st: we luhk ..� r.�r, '�,�.. '*.s - � .`F . • :�� Y` . . � � � I r• �, ;. f. �. r .� .� .�. •�js_� _ti�� . ��, � ,�� i y`�- �� I • � I- , � �r � ,.A�. � � �`� ,�_�. I, !� , I • . .'1 v I� .. ��`-��/ f � • ,, Site Features I� ,� 1� � . �� ,; .' �. . �. �;, ,� Publ�c Tra�l Us�e .:f �� ', �;., r —� . � , � � � L J land Ma�agemcnt Arca . . ti: ,,� _ , � Wast�footpr�nt '��' ♦�4'+ � �-� ��Ir �'" �► � 4'r`+ • , . . . �;� ' ; . � �'i' �� . ' I ,� '�� . t'. . . -� . _ I- . ��. . ' . �. . r.I /� ��,r I:#:t1� i. _ �d�+ _ -- 1/i►l�+�,�f/f��I�i:,.!�!I/�I�i��//�``� ' �� » '!'+��1`_'�. ,��t�r�..�-� -...- � T, ��r��r �� _ :� � Ir. � � .� , � t=,� '` • .x .� � :.[SG?.+.IE F T1-f it�co at►.tt�ntsuta�na�r,^,��vF+�:e�U�.cr.;o•wa-rart[cs ta t�r�ser u�a Wt•rf„ r� ,r. �� f. Ir{sc a�Itlxr• An�r M1�.�: !tYa;acwrarrcurrenty.wasoFcva-rclsbtttvo'ti+:Ga�k,r�r,rP�rn� :�.;T� reet �. .r �tn a�n oazr S;I�.n:e � w � iY :_ 1. T � J ti `. � ; w , f .� � � r � �► ; '�� . � . �� --� . � - c � i� _ � wS a � •r��=� �rscv��•�.-� -:—� '�-' �5 . � �t , ;; �� ? ��. `1' �'�► I � : �I� � � �.. •; .�.- � � ' ',� �r � �� . . z � 4:f�: �( . �� s � ` J�� `� \ , l � y 4 � � � ��I . . � �� 1 ... N � �� < � r � � �� • . �� . � � 'I , 1 `rs'. � � + �:' � , , a � :��: ��. � 3 0 �� ! '�t.r l� • .� � g q . � �\, � � I � 1 '< ��,��, � � � ;' U k � � i ��''f' • � �. :, ` ° :; 'jl .+�.,. T ` _ p r \��;� �; �� ,�� - I �+�r `., �� / . .�_4..,,.� ' _ � , ��t �d1� . . � I � f1' I �� ..i( � �► : t ,.�� i � � � -` � ' �N ` ,'� , � ,��_ s _�` s� -�-.__ � _ rar.= ^ �� .�- "N ! =�a �' - -1 �� I :r . I , '� _ �► � � � �� '�� _ �., , .� { ; .�A �. � , ', + � ,I� '� � ` I_.�?.� � � I '� � -:� -�� -�_ .;;r, Y. _._—` . • . r ,. �1 s,.�V �^ ' �. , ; ► � �� :i� � �_ . . .� ,- r� S r � � � , . �--� �/f � o u? � � � � b 3 3 f"' . • ., .. C r � r' 00 � � � � � O 7 4 (� � � � a . N a � � re 3 � ^ ^ � m O � 7- � ' ... . g � � � � ��'y a�'s `� > > � $ � , , �" __ � � � � � C ` � � c"� � � � Q > . ` `. . � � r � � � n � 7 � L> > t -- � � „ �, '� � C � � � � �. 4 .. . ^ APPENDIX K District CLR—Closed Landfill Restricted A. Purpose The Closed Landfill Restricted (CLR) District is intended to apply to former landfilis 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 (LGU1 . 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 (parking, signs, 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) �� L/