7.1.
CC Regular Session
- Meeting Date:
- 01/27/2015
- By:
- Tim Gladhill, Community Development
Information
Title:
Review Draft Closed Landfill Land Use Plan; Case of Minnesota Pollution Control Agency (MPCA)
Purpose/Background:
The purpose of this case is to review a draft of the Closed Landfill Land Use Plan prepared by the Minnesota Pollution Control Agency and to provide comment and timelines for implementation. The discussion is at the request of the MPCA
The City is not approving this Plan at this point, but providing comment on the draft to be incorporated in the next Comprehensive Plan Update. Based on previous discussions and advisory board recommendations, Staff is seeking policy direction on one (1) smaller area of the site that are currently guided for future development in the Comprehensive Plan.
The Closed Landfill Program is established within Minnesota Statute 115B. This Statute requires that the MPCA develop a land use plan for the closed landfill and for the City to make their land use plans consistent with the Closed Landfill Land Use Plan. The Statute gives the MPCA broad land use authority over this area.
The purpose of the Land Use Plan is to:
The City is not approving this Plan at this point, but providing comment on the draft to be incorporated in the next Comprehensive Plan Update. Based on previous discussions and advisory board recommendations, Staff is seeking policy direction on one (1) smaller area of the site that are currently guided for future development in the Comprehensive Plan.
The Closed Landfill Program is established within Minnesota Statute 115B. This Statute requires that the MPCA develop a land use plan for the closed landfill and for the City to make their land use plans consistent with the Closed Landfill Land Use Plan. The Statute gives the MPCA broad land use authority over this area.
The purpose of the Land Use Plan is to:
- Protect the integrity of the landfill's remediation and monitoring systems
- Protect human health and public safety at each landfill
- Accommodate local government needs and desires for land use at the qualified facility with consideration for health and safety requirements
Notification:
Notification is not required at this stage.
Observations/Alternatives:
From the Introduction Section of the Closed Landfill Land Use Plan:
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.
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.
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).
Rural Developing - Garnet Street
The MPCA has previously purchased several single family homes along the western border of the waste footprint. As this area is located within the Methane Gas Area of Concern and the previous homes have now been removed, Staff recommends that this area be guided 'Closed Landfill'.
Future Land Use Considerations
Use of State Issued Bonds for Financing. The site was purchased using State bonds. The existing bonds restrict the use of the site for 'public' use, further defined within the bond issuance documents.
Retention of Soil Rights. The MPCA desires to retain this portion of the site for remediation purposes, most notable the retention of soil rights if needed to protect the waste footprint.
Groundwater Area of Concern. Much of the site is also located within an area defined by the MPCA as a Groundwater Area of Concern. While there are no immediate risks to public health, the existence of the closed landfill warrants continued groundwater monitoring. If any of the portions outside of the waste footprint were to be developed, it is anticipated that the site would be serviced by the municipal water supply rather than a private well. It is further noted that there are other areas in the vicinity that have developed while being located in the Ground Water Area of Concern.
Before adopting the proposed land use plan, Staff requests policy direction on the future use of the area south of the landfill footprint. As previously noted, the Statute gives the MPCA broad discretion in developing a land use plan for the site. If the City desires to modify the proposed land use plan, said modification would require approval of the MPCA or the City would need to seek special legislation.
In 1994, the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (Minn. Stat. 115B.39 - 115B.45) which created the Closed Landfill Program (CLP). Under the CLP, the Minnesota Pollution Control Agency (MPCA) is responsible for the cleanup and long term 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 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.
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 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.
- Business Park - Sunwood Drive (undeveloped; south of waste footprint, north of Sunwood Drive)
- Medium Density Residential - Sunfish Lake Boulevard (undeveloped; east of waste footprint, west of Sunfish Lake Boulevard)
- 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).
- A majority, but not all of 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 may desire to retain soil rights to this area for potential future remediation needs for this and other closed landfill sites
Rural Developing - Garnet Street
The MPCA has previously purchased several single family homes along the western border of the waste footprint. As this area is located within the Methane Gas Area of Concern and the previous homes have now been removed, Staff recommends that this area be guided 'Closed Landfill'.
Future Land Use Considerations
Use of State Issued Bonds for Financing. The site was purchased using State bonds. The existing bonds restrict the use of the site for 'public' use, further defined within the bond issuance documents.
Retention of Soil Rights. The MPCA desires to retain this portion of the site for remediation purposes, most notable the retention of soil rights if needed to protect the waste footprint.
Groundwater Area of Concern. Much of the site is also located within an area defined by the MPCA as a Groundwater Area of Concern. While there are no immediate risks to public health, the existence of the closed landfill warrants continued groundwater monitoring. If any of the portions outside of the waste footprint were to be developed, it is anticipated that the site would be serviced by the municipal water supply rather than a private well. It is further noted that there are other areas in the vicinity that have developed while being located in the Ground Water Area of Concern.
Before adopting the proposed land use plan, Staff requests policy direction on the future use of the area south of the landfill footprint. As previously noted, the Statute gives the MPCA broad discretion in developing a land use plan for the site. If the City desires to modify the proposed land use plan, said modification would require approval of the MPCA or the City would need to seek special legislation.
Funding Source:
This case is being handled as part of normal Staff duties.
Recommendation:
This case has been reviewed by the Environmental Policy Board, Economic Development Authority, and Planning Commission.
Environmental Policy Board
Review by the Environmental Policy Board focused on the Open Space designation intended to protect an existing, native stand of oak savannah trees as well as implications of private development within the groundwater area of concern. The Environmental Policy Board recommended that the City Council approve the Open Space designation as presented. Additionally, aside from the deed restrictions noted above, the Environmental Policy Board recommended that private development within the Groundwater Area of Concern not be precluded, provided that future said development be serviced by the municipal water supply.
Economic Development Authority
The Economic Development authority also discussed the Plan. Although no formal motion was provided, consensus of the Economic Development Authority to make the request that the portion of Parcel J located on the north side of Sunwood Drive be allowed by be guided as Business Park in the Comprehensive Plan and located within the E-1 Employment District. The Economic Development Authority understands that this request was previously made by Staff; however, wanted the request to come again from the City Council and its advisory boards.
Planning Commission
Consensus of the Planning Commission mirrored that of the Economic Development Authority.
Consistency with Plan
Please note that the recommendation regarding allowing Parcel J to be guided as Business Park conflicts with the desires of the MPCA for various reasons. A representative from the MPCA will be in attendance to provide an overview of their needs for the parcel and restrictions that exist on the parcel.
Environmental Policy Board
Review by the Environmental Policy Board focused on the Open Space designation intended to protect an existing, native stand of oak savannah trees as well as implications of private development within the groundwater area of concern. The Environmental Policy Board recommended that the City Council approve the Open Space designation as presented. Additionally, aside from the deed restrictions noted above, the Environmental Policy Board recommended that private development within the Groundwater Area of Concern not be precluded, provided that future said development be serviced by the municipal water supply.
Economic Development Authority
The Economic Development authority also discussed the Plan. Although no formal motion was provided, consensus of the Economic Development Authority to make the request that the portion of Parcel J located on the north side of Sunwood Drive be allowed by be guided as Business Park in the Comprehensive Plan and located within the E-1 Employment District. The Economic Development Authority understands that this request was previously made by Staff; however, wanted the request to come again from the City Council and its advisory boards.
Planning Commission
Consensus of the Planning Commission mirrored that of the Economic Development Authority.
Consistency with Plan
Please note that the recommendation regarding allowing Parcel J to be guided as Business Park conflicts with the desires of the MPCA for various reasons. A representative from the MPCA will be in attendance to provide an overview of their needs for the parcel and restrictions that exist on the parcel.
Action:
No official action is being requested at this time. Staff requests consensus that it is the preference of the City to adopt the Closed Landfill Land Use Plan as part of the next regular Comprehensive Plan Update (overall), versus a separate Comprehensive Plan Amendment.
Additionally, Staff requests consensus to confirm the recommendations of the EPB, EDA, and Planning Commission regarding the area currently located in the E-1 Employment District.
Additionally, Staff requests consensus to confirm the recommendations of the EPB, EDA, and Planning Commission regarding the area currently located in the E-1 Employment District.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Tim Gladhill | 01/22/2015 05:31 AM |
| Kurt Ulrich | Kurt Ulrich | 01/22/2015 10:01 AM |
- Form Started By:
- Tim Gladhill
- Started On:
- 01/09/2015 11:13 AM
- Final Approval Date:
- 01/22/2015