Agenda - Environmental Policy Board - 01/05/2015

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Commissioner's approval. Saveral Declarations, pertaining to the LMA property, will be signed by the M PCAand filed with the Anoka County R-,corder in the near future. 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 doesthis 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, aswell astheconditionson 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. The M PCA has identified land usesfor 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 LMAoccupied by landfill waste, and local land -use desires. The land uses on either the entire LMA or portions thereof that are acceptable to the M PCA are: • Closed Landfill Management; • Solar Energy Farm; and • Open Space Appendices Fthrough H show where these useswould be allowed within the LMA Closed Landfill Management is the use associated with the MPCA's responsibility and obligation to take necessary response actionson the property as provided in Minn. Stat. §§ 1156.39 -43. N W• • •• • • Land Uses on the LMA Minn. Stat. § 1156.412, SUbd. 9 requiresall 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 plans. The M PCA believesthat most of the useswithin 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. Asa result, the M PCArecommendsthat the City adopt anew zoning district and ordinance for the LMA. The MPCArecommendsthe City adopt awning district called Closed Landfill Fbstricted (CLR with an ordinance similar inform to the one included in Appendix I. The new zoning, however, should reflect the land uses identified above — Dosed Landfill Management, Solar Energy Farm and Open Space as shown in Appendices Fthrough H. The City may want to consider Dosed Landfill Management as a permitted use over the entire LMA and Open Space as permitted uses in sped fic locations as shown in Appendix H. SDlar Energy Farm could be considered a conditional use (conditioned upon location and plans approved by the M PCA and t he aty) where shown in Appendix G.