Agenda - Parks and Recreation Commission - 04/09/2015

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Commissioner's approval. Several Declarations, pertaining to the LMA property, will be signed by the MPCA and filed with the Anoka County Recorder 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 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. 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; • Solar Energy Farm; and • Open Space Appendices F through H 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. § 115B.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 plans. The MPCA believes that most of the uses within the current zoning for the LMA are not compatible with the MPCA's future responsibilities for the site as well as the risks associated with the Landfill. As a result, the MPCA recommends that the City adopt a new zoning district and ordinance for the LMA. The MPCA recommends the City adopt a zoning district called Closed Landfill Restricted (CLR) with an ordinance similar in form to the one included in Appendix I. The new zoning, however, should reflect the land uses identified above — Closed Landfill Management, Solar Energy Farm and Open Space as shown in Appendices F through H. The City may want to consider Closed Landfill Management as a permitted use over the entire LMA and Open Space as permitted uses in specific locations as shown in Appendix H. Solar Energy Farm could be considered a conditional use (conditioned upon location and plans approved by the MPCA and the City) where shown in Appendix G. 5