Agenda - Planning Commission - 03/01/2012

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Regular Planning Commission 6.2. Meeting Date: 03/01/2012 By: Tim Gladhill, Community Development Title: Review Closed Landfill Program's Land Use Plan Information Background: Staff recently met with Minnesota Pollution Control Agency (MPCA) staff regarding Minnesota Statute requirements for land use planning for the closed landfill south of Alpine Drive. MPCA Staff states that the City must update its Comprehensive Plan and Official Controls (Zoning Ordinance and Official Zoning Map) to be compliant with the Closed Landfill Land Use Plan. Notification: For discussion purposes only. Notification is not required at this time. Observations: The MPCA has defined the area to be re- guided as Closed Landfill as the 'Land Management Area' indicated on the attached exhibits. These boundaries would serve as the boundaries for the Closed Landfill District in the Comprehensive Plan and Zoning Ordinance. This zoning ordinance would provide for limited restricted uses including the operation of the Closed Landfill and lawful, non - conforming rights afforded to pre- existing structures and uses. The purpose of the restricted use and zoning district is to identify the closed landfill and avoid conflicting land uses. Staff has had discussions with MPCA Staff in regards to utilization of a portion of the Subject Property (outside the waste footprint, groundwater area of concern, and methane gas area of concern) for public uses. Staff will present certain challenges each of these areas present and some potential future uses. A majority of the Subject Property is guided as Public /Quasi- Public. The MPCA states the City must create a new land use designation and zoning district entitled Closed Landfill- Restricted Use. A model ordinance is attached for your review. City Staff suggested an alternative method, using an overlay district to provide restricted use on the Subject Property. According to the MPCA Staff, their legal counsel has provided a legal opinion that an overlay district is not sufficient, and that a separate zoning district must be created. While Staff does not object to the concept of the Closed Landfill restriction, Staff would like to explore the boundaries of the Land Management Area in more detail. Staff does not object to the restrictions on parcels identified as the waste footprint, groundwater area of concern, or methane gas area of concern. Staff would like to discuss future potential uses once remediation activities are completed (many years into the future). MPCA Staff appears to be open to these discussions on portions of the Subject Property, while not supportive of other areas due to remediation needs. Staff has been in contact with the Metropolitan Council for further clarification on Comprehensive Plan Amendment needs to implement the CLP Land Use Plan. Metropolitan Council Staff is discussing the process, and should have an update prior to the Planning Commission Meeting. Funding Source: Review of the Closed Landfill Land Use Plan is being handled as part of regular Staff duties. Staff Recommendation: