Agenda - Council - 01/27/2015 - Laserfiche WebLink

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The risk to public health and safety is also mitigated by implementing land -use controls that minimize public exposure to landfill hazards and protect the state's response action equipment. In other words, future use of land at and around closed landfills needs to be planned carefully and responsibly. Minnesota Statutes 115B.412, Subd. 9 of the LCA requires the MPCA to develop a Land Use Plan for each of these landfills and for local government units (LGUs) to make their local land use plans consistent with the MPCA's plan for the site. Minnesota Statutes 115B.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. 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. Generally speaking, the land use plan is appropriate for a majority of the area currently owned by the MPCA. There are, however, areas that are inconsistent with the City's current land use plan. In order for the two plans to be consistent, the City must either amend its Comprehensive Plan and/or Zoning Code/Map or request/comment that the MPCA amend the draft Closed Landfill Land Use Plan. 1. Business Park - Sunwood Drive (undeveloped; south of waste footprint, north of Sunwood Drive) 2. Medium Density Residential - Sunfish Lake Boulevard (undeveloped; east of waste footprint, west of Sunfish Lake Boulevard) 3. Rural Developing (Residential) - Garnet Street (previously removed; west of waste footprint, east of Garnet Street) Business Park - Sunwood Drive The City has been exploring the potential for a portion of this area to develop as a business park. The area is well served by existing infrastructure. This area is otherwise developable area, with the exception of restrictions as outlined below. This area has been the focus of discussion with the City's various advisory boards (Environmental Policy Board, Economic Development Authority, Planning Commission). This is the key policy issue Staff is seeking direction on with this case. • This area is located within the Groundwater Area of Concern • This area is not located within the Methane Gas Area of Concern • Portions of this area were purchased through the sale of State issued bonds • The MPCA desires to retain soil rights for this area for potential remediation needs for this and other closed landfills • The MPCA desires to provide perpetual protection over a significant stand of native Oak Savanna tree canopy coverage. Medium Density Residential - Sunfish Lake Boulevard As part of the 2020 Comprehensive Plan, the City guided this area for future Medium Density Residential development. This area is not served by municipal water and sewer, but said utilities are in the vicinity. Additional public infrastructure would be needed to serve the site. This area has some significant grade changes with wetlands present. This area is otherwise developable, with the exceptions as noted below. That being said, Staff does not necessarily object to the land use proposed by the MPCA in this location. Staff has verified that from a comprehensive planning perspective, there would be no negative effects in coordination with the Metropolitan Council stemming from the Comprehensive Plan Amendment (from the perspective of participation in the voluntary Livable Communities Program).