HomeMy WebLinkAbout#14 - Comp Plan, Zoning Text and Zoning Map Amendment for Closed LandfillPUBLIC HEARING ITEM 4b – ACTION ITEM
STAFF REPORT
DATE: 12/19/2017 REGULAR AGENDA ITEM# 14
TO: City Council FROM: Emily Becker, Planning Director
ITEM: Creation of new Landfill Land Use Category within the Comprehensive Plan Re-guiding Land Management Area of Washington County Landfill to Landfill Land Use Category
REVIEWED BY: Ben Prchal, City Planner
SUMMARY AND ACTION REQUESTED:
The Minnesota Legislature, in 1994, adopted a Landfill Cleanup Act (LCA) (M.S. 115B.39-115B.45) which created the Closed Landfill Program (CLP), designating the Minnesota Pollution Control Agency (MPCA) responsible for clean and long term care of 112 closed, municipal, solid waste landfills throughout the state, making it responsible for managing risk to public health and environment associated with landfills. M.S. 115B.412, Subd. 9 requires the MPCA to develop a Land Use Plan for each landfill and that local government
units (LGUs) make their land use plans consistent with the MPCA’s plan for the site. The Washington County Landfill within the City of Lake Elmo is subject to the statute that requires the MPCA develop a land use plan with which the governing body’s land use plan must be consistent. There are four actions being requested. The Council is being asked to review the following:
1) Comprehensive Plan Amendment creating a new Closed Landfill Restricted Land Use Category.
2) Comprehensive Plan Amendment re-guiding the property designated by the MPCA as the Closed Landfill Restricted area. 3) Zoning Text Amendment creating a new zoning district corresponding to the new Closed Landfill Restricted Land Use Category of the Comprehensive Plan. 4) Zoning Map Amendment rezoning the area designated by the MPCA as the Closed Landfill
Restricted area.
GENERAL INFORMATION
Property: PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003, 15-292-12-20-0001
Property Owners: 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003: City of Lake Elmo
15-292-12-10-20-001: State of Minnesota – Pollution Control Agency
Location: Washington County Landfill Park
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Request: 1) Comprehensive Plan Amendment creating a new Closed Landfill ManagementLand Use Category.
2) Comprehensive Plan Amendment re-guiding the property designated by the
MPCA as the Closed Landfill Management area.
3) Zoning Text Amendment creating a new zoning district corresponding to the newClosed Landfill Management Land Use Category of the Comprehensive Plan.
4) Zoning Map Amendment rezoning the area designated by the MPCA as theClosed Landfill Management area.
Existing Land 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003: Public and QuasiUse and Zoning Public Open Space (PF).
15-292-12-10-20-001: Agricultural (A).
Comprehensive Public/Park Plan:
History: See attached timeline.
Applicable M.S. 115B.39-115B.45Regulations: DNR Conversions of Use – Guidelines and Requirements
REQUEST DETAILS:
Background. In 1994, the Minnesota Legislature adopted a Landfill Cleanup Act (LCA) (M.S. 115B.39-115B.45) which created the Closed Landfill Program (CLP), designating the Minnesota Pollution Control Agency (MPCA) responsible for clean and long term care of 112 closed, municipal, solid waste landfills throughout the state. In 2013, Minnesota Pollution Control Agency (MPCA) drafted a Closed Landfill Use Plan that identified future land uses that are acceptable to the MPCA for the site. This Closed Landfill Use Plan is attached for review and summarized below.
•Areas of Concern. There are the following areas of concern on the subject parcels:
o Groundwater Areas of Concern. The presence of activities that require use of
groundwater may be impacted or precluded by contamination from the landfill or may
cause groundwater flow direction to change thereby impacting the user or others nearby.
o Methane Gas Areas of Concern. Methane gas is an odorless gas produced when
municipal solid waste decomposes, and can be explosive in confined spaces such as
basements when mixed with air. Presence of certain activities, such as construction of
enclosed structures, may be impacted or precluded by subsurface migration of methane
gas.
•Current Restrictions to Subject Parcels. The MPCA used proceeds from the sale of State generalobligation bonds for capital costs of environmental response actions that MPCA undertook at theLandfill, and as a result the property became “State Bond Financed Property,” as that term isdefined by Minn. Stat. § 16A.695. In order to assure that the requirements of Minn. Stat. §16A.695 and the Order are carried out with respect to all State Bond Financed Property, the
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MMB Commissioner requires that a Declaration be recorded on the property records indicating
that any sale of the property may be subject to the MMB Commissioner’s approval. Such Declaration, pertaining to LCA parcel B, was signed by the Minnesota Pollution Control Agency (MPCA) and filed with the Office of the County Recorder, Washington County, on February 8,
2011 as document no. 3830248. These documents were recorded in April of 2015 on parcels A, C, and D (as shown as Appendix E in the attached Closed Landfill Use Plan (CLUP) Report). Declarations of Restrictions and Covenants already restrict the following:
• MPCA’s Land Use Plan for the Landfill. The MPCA has found the following uses acceptable
on the entire landfill management area or portions thereof are as follows: o Closed Landfill Management o Civic o Parks and Open Space
o Solar Energy Farm
Appendices H through J of the CLUP Report show where these uses would be allowed.
Reason for Comprehensive Plan and Zoning Map Amendment. While the restrictive covenants
restrict the property in regards to well installation and the construction of buildings, the MPCA also requires a Land Use Plan to be developed that identifies uses that commensurate with the MPCA’s obligations to take care of the landfill and manage risks the landfill poses to the public, as well as to protect the remedial infrastructure the state has invested, including equipment, landfill cover, etc. Public access or recreation is not allowed on its landfills. Designating the entire Land Management Area as Parks and Open Space would give the impression that all of the site was accessible to the public as park, which is exactly what cannot be allowed.
Further, Minn. Stat. § 115B.412, Subd. 9 requires all local land-use plans be consistent with the MPCA’s land-use plan for the landfill management area. The MPCA’s future obligations for the landfill management area conflict with the current local land-use plan; specifically the City’s Public and Quasi-Public Open Space and Agriculture zoning ordinances for this property. The MPCA believes that most of
the uses within the current zoning for the landfill management area are not compatible with the MPCA’s future responsibilities for the site as well as the risks associated with the Landfill.
COMPREHENSIVE PLAN AMENDMENT – CREATING CLOSED LANDFILL MANAGEMENT AREA LAND USE CATEGORY
Need for Comprehensive Plan Amendment. Because the Comprehensive Plan does not currently
have a Closed Landfill Restricted Land Use Category, an amendment to include such a land use category will be required in order to re-guide the area.
Proposed Amendment. Staff proposes that the Closed Landfill Restricted Land Use Category be added to Chapter III – Land Use Plan. The proposed amendment is attached for reference and would
include the following amendments:
Parcel Constructing, excavating, placing any structure, material, personal property, equipment without prior written approval from MPCA Commissioner
Installing drinking water wells on parcel without prior written
approval of MPCA and MDH Commissioners
A X – entire parcel X – entire parcel
B X – entire parcel X – entire parcel
C X – area 125 feet S of N prop. line X – entire parcel D X – west 200 ft X – entire parcel
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• The addition of a Closed Landfill Restricted category to Existing Land Use Definitions.
• Amendment of the Existing and Planned Land Use Table, adding acreage to the Closed Landfill Restricted category and removing the same amount of acreage from the Public/Park land use category.
• Updating the Planned Land Use Map to re-guide landfill management area to Closed Landfill
Restricted (see attached updated Planned Land Use).
COMPREHENSIVE PLAN AMENDMENT – REGUIDING CLOSED LANDFILL MANAGEMENT AREA
Lot Line Adjustment. In order to re-guide only portions that are restricted due to the above-
mentioned areas of concern, the City has had a survey done which will adjust the lot lines of three city-owned parcels. This survey is attached. The City will only be re-guiding Parcel A as shown in this attached survey and PID# 15.029.21.22.0001 (3855 Jamaca Ave, owned by the State of MN – Pollution Control Agency) to Closed Landfill Restricted.
ZONING TEXT AMENDMENT – CREATING CLOSED LANDFILL MANAGEMENT ZONING DISTRICT
Creation of Zoning District. Because there is not a zoning district to reflect the Closed Landfill Restricted Land Use category, a separate zoning district will need to be created. Attached is a draft ordinance which creates this zoning district.
Allowed Uses. Allowed uses within the proposed zoning district correspond to those as outlined in the CLUP report and include:
• Closed Landfill Management
• Solar Energy Farms (conditional use)
Definition of Closed Landfill Management. The definition of Closed Landfill Management (a proposed permitted use in the CLR district) is proposed to be added to Article II: Definitions.
Standards for Solar Energy Farms. The standard for a Solar Energy Farm is that location and plans be approved by the MPCA and City. The City is currently in the process of amending its solar energy systems standards but is waiting on input from the Building Official and Fire Chief. Because the standards for these systems are currently undergoing amendments, Staff recommends that the
Council focus solely on the use and setbacks required for solar energy systems. The Commission may wish to recommend that the proposed amendments to the Comprehensive Plan and Zoning Ordinance not be adopted until the City has updated its solar energy systems standards. The draft ordinance and current standards for solar energy systems require that solar energy systems adhere to
the setback standards for the zoning district in which they are located. Additionally, a Conditional Use Permit would allow further regulations of screening, etc.
Proposed Setback Requirements. The proposed setback requirements for solar farms within this zoning district are consistent with those of the required setbacks of the previous zoning district in which the Closed Landfill Restricted area were located. A required buffer of 150 feet from residential
zones was added in order to protect adjacent residential areas from any glare or potential nuisance caused.
Screening Requirements? The Commission may wish to add screening requirements to proposed solar farms. Alternatively, this may be done with any conditional use permit application so that screening is required where appropriate.
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ZONING MAP AMENDMENT – REZONING CLOSED LANDFILL MANAGEMENT AREA
Consistency with the Comprehensive Plan. If the Commission wishes to recommend updating the
Comprehensive Plan, re-guiding Parcel A as shown in this attached survey and PID# 15.029.21.22.0001, the proposed Zoning Map Amendment would be consistent with the Comprehensive Plan.
Planning Commission Review. The Planning Commission held a public hearing and considered the proposed Comprehensive Plan Amendments, Zoning Text Amendment, and Zoning Map
Amendment at its October 23, 2017 meeting. A number of inquiries regarding the requests were received looking for clarification regarding the requests prior to the public hearing, but ultimately no concern was expressed. Shaun Ruotsinoja of the MPCA, who helped draft the Closed Landfill Use Plan in 2013, spoke during the public hearing to answer questions. The Planning Commission had
expressed desire that the proposed requests be sent to the Parks Commission for review before being considered by Council and ultimately recommended approval of the proposed requests with a vote of 7-0.
Parks Commission Review. The Parks Commission considered the proposed requests at its
November 20, 2017 meeting. Staff explained to the Parks Commission that the proposed land use and zoning changes would only affect the fenced in areas of the affected parcels and would have no impact on those areas outside of the fence. The Parks Commission unanimously recommended approval of the re-guiding and rezoning of the area within the fence as delineated in the attached survey to Closed Landfill Restricted in order to adhere to State Statute requirements as long as it had
no impact on Sunfish Lake Park.
NEXT STEPS
Parkland Conversion. There are four parcels that make up the Washington County Landfill site located in the City of Lake Elmo. In 1978, these properties received a Land and Water Conversion Fund (LAWCON) grant, which is a federal grant used for the development of outdoor recreation facilities. The Department of Natural Resources (DNR) is responsible for tracking compliance of the
conditions to which this grant was given. In 1990, the DNR determined the Landfill Park was
unavailable for public outdoor recreation use because of landfill remediation systems, specifically spray irrigation system. The City then began with the required conversion process to convert the land to non-recreational uses to find other land to replace it, but the City has yet to complete this process. The City will need to complete this conversion process, and this may be done with future parkland
dedicated with development or through a different process (purchasing parkland, designating donated parkland, etc.). The dedicated land must be equal in value to the land that is no longer usable for recreation purposes.
The next step in this conversion process will be to have a federal appraisal completed for Parcel A which will no longer be available for public recreation use. If the expected value is under $25,000, a
waiver valuation can be submitted, but the appraiser preparing the waiver must have sufficient understanding of the local real estate market to be qualified. Staff has received a quote of $3,000 to perform the appraisal provided the expected value is under $25,000.
Additional Cost for Survey. E.G. Rud and Sons, the surveyor of the three parcels, had originally
quoted $4,640 for completion of the survey. This amount was approved by Council in March of
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2017. The amount of time that this survey took, however, was longer than anticipated, and E.G. Ruds and Sons has communicated that the amount of time it took to complete the survey has amounted to $8,075.30 but would be willing to meet in the middle between the approved amount and amount it
actually took at $6,350. The City has already paid the additional amount and is recommending that Council approve the additional cost of $1,710 to complete the survey.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the proposed Comprehensive Plan Amendment, adding a Closed Landfill Restricted Land Use Category and re-guiding portions of
PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the survey dated August 18, 2017 from Public/Park to Closed Landfill Restricted and all of PID# 15-292-12-10-20-001 from Rural Area Development to Closed Landfill Restricted.
“Move to recommend approval of an amendment to the City’s Comprehensive Plan’s Land Use
Plan, adding a Closed Landfill Restricted Land Use Category as proposed by Staff and re-guiding portions of PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the survey dated August 18, 2017 from Public/Park to Closed Landfill Restricted and all of PID# 15-292-12-10-20-001 from Rural Area Development to Closed Landfill Restricted..”
Staff and the Planning Commission recommend approval of the proposed Zoning Text Amendment, adding a Closed Landfill Restricted zoning district to the City’s Zoning Code, as proposed by Staff.
“Move to recommend approval of a Zoning Text Amendment to the City’s Code, adding a definition to Section 154.012 of Closed Landfill Management and adding Article XIX: Closed
Landfill Restricted as proposed by Staff.”
Staff and the Planning Commission recommend approval of the proposed Zoning Map Amendment
rezoning portions of PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the survey dated August 18, 2017 from Public and Quasi Public Open Spaces to Closed Landfill Restricted and all of PID# 15-292-12-10-20-001 from Agricultural to Closed Landfill Restricted.
“Move to recommend approval of the proposed Zoning Map Amendment rezoning portions of PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the survey dated August 18, 2017 from Public/Park to Closed Landfill Restricted and all of PID# 15-292-12-10-20-001 from Agricultural to Closed Landfill Restricted.”
Finally, Staff recommends that the City Council move to approve to additional payment of $1,710 to
E.G. Rud and Sons for additional costs incurred for preparing the survey.
“Move to approve payment of additional cost of $1,710 for completion of the survey for a lot line adjustment for PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003.”
ATTACHMENTS:
•Timeline
•CLUP Report
•Survey showing lot line adjustments of the parcels
•Proposed Comprehensive Plan Amendment
•Ord. 08-193 Creation of the Closed Landfill Restricted Zoning District
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•Resolution 2017-143 approving a Comprehensive Plan Amendment to re-guide portions ofPID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the surveydated August 18, 2017 from Public/Park to Closed Landfill Restricted and all of PID# 15-292-12-10-20-001 from Rural Area Development to Closed Landfill Restricted.
•Ord 08-194 approving a Zoning Text Amendment to re-zone portions of PID#s 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 as shown in the survey dated August 18,2017 from Public and Quasi Public Open Spaces to Closed Landfill Restricted and all ofPID# 15-292-12-10-20-001 from Agricultural to Closed Landfill Restricted.
•Request by E.G. Rud and Sons for additional payment for completion of survey for PID#s10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003
•Invoice showing time spent by E.G. Rud and Sons for completion of above-mentioned survey
Washington County Landfill Timeline
Year Event Details
1969 Landfill permitted. 1975 Landfill closed. 1978 & 1979 Land and Water Conversion Fund (LAWCON) grant agreements signed by City and State. LAWCON is a federal grant that is used for the development of outdoor recreation facilities. The Department of Natural Resources (DNR) is responsible for tracking compliance.
1990 DNR determines Landfill Park unavailable for public outdoor
recreation use because of landfill remediation systems, specifically spray irrigation system.
DNR informs City of this determination and recommends the City begin with the required
conversion process to convert the land to non-recreational uses and to find other land to replace it.
1993 City Council accepts this determination. City informs DNR the City will begin appraising new land to replace the Landfill Park.
1994 MN Legislature adopts the Landfill Cleanup Act (LCA) (M.S. 115B.39-115B.45) which created the Closed Landfill Program (CLP), designating the Minnesota Pollution Control Agency (MPCA) responsible for clean and long term care of 112 closed, municipal, solid waste landfills throughout the state.
• Mission: Manage risk to public health and environment associated with landfills.
• Strategy: M.S. 115B.412, Subd. 9 requires the MPCA to develop a Land Use Plan for each landfill and that local government units (LGUs) make their land use plans consistent with the MPCA’s plan for the site.
• Issue: Current City of Lake Elmo local land use plan conflicts with MPCA’s land use plan.
1995 MPCA takes over responsibility of the Landfill. An agreement is made with MPCA, Washington County, Ramsey County, and the City entered in to a Landfill Cleanup Agreement (LCA). 1995 DNR informs City the required conversion process is not complete. Informs the City no further funds will be received until the process is completed.
2010 DNR again requests the City to complete the conversion process.
2011 City informs the MPCA of the issue for the first time and meeting is held between City Administrator, Engineer, Attorney, Special Projects Assistant and a Parks Board Member, representative from DNR and representative from MPCA.
• City claimed the property would remain designated public outdoor recreation use except for the fact that the MPCA has determined a portion of it to be unsuitable for public recreation/use.
• MPCA argues that the DNR’s determination that the land was unsuitable for public outdoor recreation, as well as City’s acceptance of this and its early willingness to begin the conversion, had nothing to do with MPCA’s determination and that this determination was made before the Landfill Cleanup Act was enacted. 2013 MPCA drafts a Closed Landfill Use Plan that identifies future land uses that are acceptable to MPCA for the site, or parts of the site.
In addition to closed landfill management, certain areas may be suitable for certain civic uses related to city maintenance, parks or open space, or use as a solar energy farm.
Today The City has yet to adopt the MPCA land use plan nor has it had the land recently appraised or replaced with other suitable public outdoor recreation use to meet DNR requirements.
Next Action Steps for City of Lake Elmo: Washington County Landfill
PID#s: 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003, 15-292-12-20-0001
City creates revised map showing property boundary that will be maintained for public outdoor recreation use and the portion that is no longer suitable for public outdoor recreation use.
City verifies with the MPCA that these boundaries properly reflect the area that is no longer suitable for public outdoor recreation use.
City gives the revised map to the DNR for review.
City replats parcels, creating one parcel that delineates land no longer suitable for public outdoor recreation use.
City amends Comprehensive Plan by creating a new land use category and re-guiding the property no longer suitable for public outdoor recreation use and rezones properties with a newly created zoning district consistent with MPCA's land-use plan for the site, as is required by State Statute.
City contacts certified or professional appraisal firm to determine if property value is expected to be $25,000 or less.
If appraisal firm determines property to be $25,000 or less, a property vlauation can be submitted to the DNR.
If the property is determined to be more than $25,000, City must have an appraisal completed to federal "yellow book" standards.
Exact costs of these are unknown, but the appraisal could be around $5,000.
City replaces land for public outdoor recreation use elsewhere in the city. The value of this land must be equal to the value of the landfill area parcel that has been deemed no longer suitable for public outdoor recreation use.
This land must be property not currently owned by the City or identified for recreational use. It can be future parkland dedication land and would be owned and operated by the City as parkland.
Until the City proceeds with the replacement of the landfill area land deemed unsuitable for public outdoor recreation use, the DNR cannot provide additional grants.
Additionally, the State could be held responsible by the National Park Service to satisfy the contract requirements. The efforts to have the City comply with their contract between the City and State are unknown.
CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
SEPTEMBER 17, 2013
TABLE OF CONTENTS
PAGE NO.
INTRODUCTION ............................................................................................................................................. 1
SITE LOCATION AND DESCRIPTION ............................................................................................................... 2
GROUNDWATER AND METHANE GAS AREAS OF CONCERN ........................................................................ 2
CURRENT ZONING/LAND USE PLAN FOR THE LMA ...................................................................................... 4
DECLARATIONS OF RESTRICTIONS AND COVENANTS ................................................................................... 4
STATE BOND FINANCED PROPERTY .............................................................................................................. 5
MPCA’S LAND USE PLAN FOR THE LMA ........................................................................................................ 6
DISCUSSION / CONCLUSIONS ........................................................................................................................ 6
DISCLAIMER................................................................................................................................................... 7
APPENDICES
APPENDIX A: MINN. STAT. §§ 115B.412, SUBD. 4 AND 9
APPENDIX B: SITE LOCATION MAP – WASHINGTON COUNTY LANDFILL
APPENDIX C: LAND MANAGEMENT AREA – WASHINGTON COUNTY LANDFILL
APPENDIX D: LEGAL DESCRIPTION OF WASHINGTON COUNTY LANDFILL LAND MANAGEMENT AREA (LCA
PARCELS)
APPENDIX E: LCA PARCELS – WASHINGTON COUNTY LANDFILL
APPENDIX F: GWAOC – WASHINGTON COUNTY LANDFILL
APPENDIX G: MGAOC – WASHINGTON COUNTY LANDFILL
APPENDIX H: CLOSED LANDFILL MANAGEMENT USE – WASHINGTON COUNTY LANDFILL
APPENDIX I: CIVIC AND PARKS & OPEN SPACE USE – WASHINGTON COUNTY LANDFILL
APPENDIX J: SOLAR ENERGY FARM USE – WASHINGTON COUNTY LANDFILL
APPENDIX K: CLOSED LANDFILL RESTRICTED ZONING ORDINANCE TEMPLATE
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CLOSED LANDFILL USE PLAN
WASHINGTON COUNTY LANDFILL
INTRODUCTION
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. These statutes are provided in Appendix A.
The MPCA considers these statutory requirements, when put together, as a Closed Landfill Use
Plan (CLUP). The purpose, then, for preparing a CLUP for each landfill is to:
protect the integrity of the landfill’s remediation and monitoring systems;
protect human health and public safety at each landfill; and
accommodate local government needs and desires for land use at the qualified facility with
consideration for health and safety requirements.
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.
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SITE LOCATION AND DESCRIPTION
The Washington County Landfill (Landfill) is located in the city limits of Lake Elmo (City), Washington
County, Minnesota (Appendix B). A landfill’s Land Management Area (LMA) includes the property
described in the Landfill Cleanup Agreement between the MPCA and the landfill owner/operator, and
may include adjacent property that contains waste, adjacent buffer property (land acquired for the
purpose of restricting use by the public due to landfill gas or groundwater concerns), and adjacent
property where response action equipment is located. At a minimum, the LMA will be comprised of the
property in the Landfill Cleanup Agreement. In addition, the LMA is the property that is subject to
Minnesota Statutes 115B.412, Subd. 9 of the LCA that requires the MPCA to develop a Land Use Plan for
the landfill and with which the LGU’s land use plan must be consistent. The LMA for the Landfill consists
of approximately 129 acres as shown in Appendix C and legally described in Appendix D. The waste
footprint is about 24 acres.
The Landfill was permitted in 1969 and closed in 1975. The MPCA took over responsibility of the Landfill
in 1995 when the MPCA, Washington County, Ramsey County, and the City entered into a Landfill
Cleanup Agreement (LCA) and the MPCA issued the Notice of Compliance. The LMA is divided into four
parcels (A, B, C, and D) in the LCA for purposes of describing certain and required remedial response
actions (Appendix E shows the location of the LCA parcels). These parcels, in terms of their shape and
legal description, are not necessarily the same as the parcels identified by Washington County’s
property records (i.e. tax parcels). Currently, LCA parcels A, C, and D are owned by the City and parcel B
is owned by the State of Minnesota, MPCA.
GROUNDWATER AND METHANE GAS AREAS OF CONCERN
Groundwater Area of Concern
The Groundwater Area of Concern (GWAOC) is defined as the area of land surrounding a landfill where
the presence of activities that require the use of groundwater may be impacted or precluded by
contamination from the landfill, or may cause the groundwater flow direction to change thereby
impacting the user or others nearby. The GWAOC is used to inform the public about the current and
potential risks to users of groundwater contaminated by the landfill. In most circumstances this area is
not equidistant around the site. The GWAOC is shown in Appendix F.
The surficial aquifer beneath the Landfill consists of glacial sand and gravel. Depth to the water table at
the site is approximately 50 feet below the ground surface. The surficial aquifer is contaminated with
perfluorochemicals (PFCs) and volatile organic compounds (VOCs) including tetrachloroethene,
trichloroethene, and vinyl chloride. The plume of VOCs extends south to the railroad track that is north
of Highway 5.
The groundwater area of concern around the Landfill is the Special Well Construction Area (SWCA)
established by the Minnesota Department of Health (MDH). The area is defined by the environmental
monitoring system that includes 40 monitoring wells and 253 residential wells. This area was expanded
by MDH on March 8, 2007 in response to PFC contamination and is approximately 5.3 million square
meters. The SWCA includes the plume of mounded groundwater from the Landfill that travels to the
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south and southeast and the co-mingled plume to the southwest that includes a plume from the
Oakdale Disposal Site through Raleigh Creek and a former plume from the Landfill that discharged to
Raleigh Creek from a Tri-Lakes outlet in the early 1990s. The contaminant plume from the Oakdale
Disposal Site is identified by PFOS (a type of PFC) that has impacted areas south and west of Raleigh
Creek, Eagle Point Lake, the area between Eagle Point Lake and Lake Elmo that is in the Lake Elmo Park
Reserve and residential developments that are south of this area to I-94. The bedrock aquifer of the
Prairie du Chien and St. Peter Formation are impacted with PFCs to a depth of 200 feet below the
ground surface.
Methane Gas Area of Concern
The Methane Gas Area of Concern (MGAOC) is defined as the area of land surrounding a landfill waste
footprint where the presence of certain activities, such as construction of enclosed structures, may be
impacted or precluded by subsurface migration of methane gas. Methane gas is an odorless gas
produced when municipal solid waste decomposes, and can be explosive in confined spaces such as
basements when mixed in air. The MGAOC is used to inform the public about the risks to current and
future land owners regarding certain uses they may want to consider. The MGAOC is shown in Appendix
G.
Soils in the vicinity of the Landfill are generally very well drained sands and gravel with some silty sand.
The Landfill waste footprint is about 24 acres and contains approximately 2,000,000 cubic yards of
waste. The closest enclosed structure off the LMA is approximately 350 feet west of the waste footprint.
The Landfill has been reconstructed by building a triple lined system to segregate contaminants present
in the waste from direct contact with the environment. A geosynthetic cover has been installed and
welded to the top of the liner to seal landfill gas and leachate in the waste mass. An active gas
extraction system and a leachate collection system have been installed to manage gas and leachate.
The active gas extraction system has 20 vertical gas extraction wells connected to an enclosed
blower/flare unit. There are two gas monitoring probe nests currently located on the west side of
Jamaca Avenue west of the Landfill. Monitoring of these gas probes has shown non-detectable
concentrations of methane before and during the Landfill reconstruction. Additional gas probes are
anticipated to be installed during the latter half of 2013 to gather additional methane data.
Based on the waste being sealed within the liner/cover system, but also recognizing the permeable soils
in the area, the large mass of waste present in the Landfill, and the potential for gas to migrate under
seasonal low permeable (frozen) conditions, the MGAOC extends 200 feet beyond the waste footprint.
The MGAOC is within the LMA property boundary except for a small area on adjacent property
southeast of the Landfill.
It is important to note that these Areas of Concern can change over time. Therefore, updated
information will be provided to the County when the existing information becomes obsolete or
misleading.
4
CURRENT ZONING/LAND USE PLAN FOR THE LMA
LCA parcels A, C, and D are zoned Public and Quasi-Public Open Space (PF) while LCA parcel B is zoned
Agricultural (A).
Permitted uses in the Public and Quasi-Public Open Space (PF) district include uses allowed in the zoning
code that are in existence within the City at the effective date of the zoning code. Conditional uses in
the PF district include: cemeteries, places of worship, government facilities, libraries and museums,
public and private schools, and historic sites and interpretative centers. Interim uses in the PF district
include: keeping of horses in conjunction with churches.
Permitted uses in the Agricultural (A) district include: agriculture, farm, poultry facilities, farm buildings,
farm drainage and irrigation systems, forestry, one farm dwelling per 40 acres not already containing a
farm or non-farm dwelling, wayside stands, and joint ownership of property or by association or rental
for the purpose of providing private gardens and forest plots. Conditional uses in the A district include:
greenhouses, kennels, stables, commercial recreation, agricultural service establishments, open space
development projects, and non-agricultural low-impact uses. Interim uses in the A district include:
agricultural sales businesses, and agricultural entertainment businesses.
DECLARATIONS OF RESTRICTIONS AND COVENANTS
Three Declarations of Restrictions and Covenants were signed by the City and one by both Washington
and Ramsey Counties that restrict certain uses on the four LCA parcels. Each Declaration was recorded
with the Office of the County Recorder, Washington County, on December 14, 1995. The Declarations
run with the land and are described below.
Document No. 866616; prohibits the City from the following on LCA Parcel A:
constructing, excavating, or placing any structure, material, personal property, equipment, or
any other items on the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866617; prohibits Washington and Ramsey Counties from the following on LCA Parcel B:
constructing, excavating, or placing any structure, material, personal property, or equipment on
the parcel without the written approval of the Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH.
Document No. 866618; prohibits the City from the following on LCA Parcel C:
5
constructing or placing any structure on the portion of the parcel that lies south of a line that is
125 feet south of the north boundary of the parcel without the written approval of the
Commissioner of the MPCA; and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
Document No. 866619; prohibits the City from the following on LCA Parcel D:
constructing or placing any structure on the portion of the parcel that lies approximately within
the west 200 feet of the parcel without the written approval of the Commissioner of the MPCA;
and
installing any drinking water wells on the parcel without the prior written approval of the
Commissioner of the MPCA and the MDH (any approved well installation must follow Minn.
Rules 4725.4450).
STATE BOND FINANCED PROPERTY
The MPCA used proceeds from the sale of State general obligation bonds for capital costs of
environmental response actions that MPCA undertook at the Landfill. As a result of this expenditure of
State bond proceeds, the publicly owned property where the environmental response actions were
taken became “State Bond Financed Property” as that term is defined by Minn. Stat. § 16A.695. As the
owner this State Bond Financed Property, the City and the MPCA are subject to the requirements of
Minn. Stat. § 16A.695 and any orders or rules adopted by the Commissioner of Minnesota Management
and Budget (MMB) under that statute.
Minn. Stat. § 16A.695 and the MMB Commissioner’s Fourth Amended Order Relating to the Use and
Sale of State Bond Financed Property (the Order) impose certain requirements on any sale, mortgage, or
other disposition of State Bond Financed Property, or any lease or contract for the use or management
of the property entered into by the City or the MPCA Commissioner. The statutory requirements
include, but are not limited to, obtaining the approval of the Commissioner of MMB before the City or
the MPCA Commissioner enters into any such transaction (sale, lease, etc.) with respect to the property.
In order to assure that the requirements of Minn. Stat. § 16A.695 and the Order are carried out with
respect to all State Bond Financed Property, the MMB Commissioner requires that a Declaration be
recorded on the property records indicating that any sale of the property may be subject to the MMB
Commissioner’s approval. Such Declaration, pertaining to LCA parcel B, was signed by the MPCA and
filed with the Office of the County Recorder, Washington County, on February 8, 2011 as document no.
3830248. However, two other Declarations, pertaining to LCA parcels A, C, and D, were sent to the City
for signature but have not yet been signed or recorded against the corresponding property.
6
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;
Civic;
Parks and Open Space; and
Solar Energy Farm.
Appendices H through J 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. Civic is the use
associated with the City’s need for building infrastructure related to city maintenance, fire service,
public safety, etc.
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
plan; specifically the City’s Public and Quasi-Public Open Space and Agriculture zoning ordinances for
this property. 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 K.
The new zoning, however, should reflect the land uses identified above – Closed Landfill Management,
Civic, Parks and Open Space, Solar Energy Farm – and as shown in Appendices H through J. The City may
want to consider Closed Landfill Management, Civic, and Parks and Open Space uses as permitted uses
7
for portions of the LMA while Solar Energy Farm be considered a conditional use (conditioned upon
location and plans approved by the MPCA and the City).
Regardless of future land use on the LMA, provisions within the Declarations of Restrictions and
Covenants prohibit the construction and placement of structures and other materials as well as the
installation of drinking water wells on certain portions of the LMA without prior written approval of the
MPCA and/or MDH.
Affected Property off the LMA
Minn. Stat. § 115B.412, Subd. 4(b) requires local units of government to incorporate information about
the landfill and associated groundwater contamination and landfill gas migration into any land-use plans
and to notify persons applying for a permit to develop affected property of the existence of this
information and, on request, to provide them with the information.
Certain land-use controls pertinent to groundwater use and well construction within the GWAOC
currently exist to protect public health and safety. First, Minn. Rules Chapter 4725.4450 requires that a
water supply well cannot be constructed within 600 feet of the Landfill. Second, MDH has established a
Special Well Construction Area south and east of the Landfill that prohibits the installation of wells in
this area unless approved by MDH to be constructed in certain aquifers and following certain
construction methods.
A majority of the MGAOC is contained within the LMA except for a small portion that is on adjacent
property southeast of the Landfill. However, the City’s existing zoning ordinance for the adjacent
property, upon which the off-LMA MGAOC is present, prohibits structures from being built within 200
feet of the property line. Therefore, based on the monitoring data collected by the MPCA, no specific
land-use controls are being recommended for properties outside the LMA.
DISCLAIMER
The MPCA makes no representations or warranties to the user of the accuracy, currency, suitability, or
reliability of the data presented in this report. Any recommendations made by the MPCA in this report
are based solely on the data it has, or its contractors have, collected, and only from data collected at
specific locations and times. Other sources of contamination or methane, unknown to the MPCA, could
exist off the Landfill property. The MPCA recommends that any person interested in developing
property near the Landfill first consult with an environmental consulting or engineering firm, and/or an
environmental attorney, regarding the possible risks associated with the Landfill.
APPENDIX A
Minnesota Statutes 115B.412
Subd. 4. Affected real property; notice.
(a) The commissioner shall provide to affected local government units, to be available as
public information, and shall make available to others, on request, a description of the real
property described in the original and any revised permits for a qualified facility, along with a
description of activities that will be or have been taken on the property under sections 115B.39
to 115B.43 and a reasonably accurate description of the types, locations, and potential
movement of hazardous substances, pollutants and contaminants, or decomposition gases
related to the facility. The commissioner shall provide and make this information available at the
time the facility is placed on the priority list under section 115B.40, subdivision 2; shall revise,
provide, and make the information available when response actions, other than long-term
maintenance actions, have been completed; and shall revise the information over time if
significant changes occur that make the information obsolete or misleading.
(b) A local government unit that receives information from the commissioner under
paragraph (a) shall incorporate that information in any land use plan that includes the affected
property and shall notify any person who applies for a permit related to development of the
affected property of the existence of the information and, on request, provide a copy of the
information.
Subd. 9. Land management plans.
The commissioner shall develop a land use plan for each qualified facility. All local land use
plans must be consistent with a land use plan developed under this subdivision. Plans developed
under this subdivision must include provisions to prevent any use that disturbs the integrity of
the final cover, liners, any other components of any containment system, or the function of any
monitoring systems unless the commissioner finds that the disturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
(2) is necessary to reduce a threat to human health or the environment.
Before completing any plan under this subdivision, the commissioner shall consult with the
commissioner of management and budget regarding any restrictions that the commissioner of
management and budget deems necessary on the disposition of property resulting from the use
of bond proceeds to pay for response actions on the property, and shall incorporate the
restrictions in the plan.
APPENDIX D
Legal Description of the Washington County Landfill Land Management Area (LCA Parcels)
Parcel A:
All that part of the South 40 acres of Government Lot 5, Section 10, and the Southeast Quarter of the
Southwest Quarter of Section 10, and the North 30 acres of the North One-Half of the Northwest
Quarter of Section 15, all in Township 29 North, Range 21 West, Washington County, Minnesota,
described as follows:
Beginning at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes, 30 seconds
West, bearings are based on the Washington County Coordinate System NAD83, along the west line of
said Section 15, a distance of 501.27 feet to the south line of said North 30 acres of the North One-Half
of the Northwest Quarter of Section 15, thence North 89 degrees, 51 minutes, 00 seconds East, along
said south line, a distance of 1808.59 feet, thence North 00 degrees, 02 minutes, 32 seconds West and
parallel with the east line of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north
line of said Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet, thence North 00 degrees, 53 minutes, 21 seconds West and parallel with the
west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the south line of said Section 10, a distance of 200.00 feet, thence North 00
degrees, 53 minutes, 21 seconds West and parallel with the west line of said Section 10, a distance of
656.24 feet, to a point on the north line of said Southeast Quarter of the Southwest Quarter of Section
10, thence South 89 degrees, 45 minutes, 24 seconds West, along said north line, a distance of 193.17
feet to the northwest corner of said Southeast Quarter of the Southwest Quarter, thence North 00
degrees, 42 minutes, 39 seconds West, along the east line of said Government Lot 5, a distance of 29.52
feet to the northeast corner of said South 40 acres of Government Lot 5, thence South 89 degrees, 51
minutes, 00 seconds West, along the north line of said South 40 of Government Lot 5, a distance of
706.92 feet, thence South 00 degrees, 53 minutes, 21 seconds East and parallel with the west line of
said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54 minutes, 08 seconds West, a
distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds West and parallel with the
north line of said South 40 acres of Government Lot 5, a distance 0f 500.00 feet to the west line of said
Section 10, thence South 00 degrees, 53 minutes, 21 seconds East along the west line of said Section 10,
a distance of 1055.45 feet to the point of beginning, containing 65.9 acres, more or less.
Parcel B:
The Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15, Township 29, Range
21, except the following described parcels: EXCEPTION 1: The North 501.5 feet of the NW ¼ of the NW
¼ of Section 15, Township 29 North, Range 21 West, being the northerly 15 acres thereof. EXCEPTION 2:
The North 220.0 feet of the South 396.00 feet of the West 330.00 feet of the NW ¼ of the NW ¼ of
Section 15, Township 29 North, Range 21 West, containing 1.33 acres, more or less. All subject to a road
easement for Jamaca Avenue over the West 33.00 feet thereof. EXCEPTION 3: The South 176.00 feet of
the west 330.00 feet of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section 15
(15), Township Twenty-nine (29) North, Range Twenty-one (21) West, containing 1.33 acres, more or
less.
Parcel C:
All that part of the South 40 acres of Government Lot 5, Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the southwest corner of said Section 10, thence North 00 degrees, 53 minutes, 21
seconds West along the west line of said Section 10, a distance of 1055.45 feet to the point of beginning,
thence continuing North 00 degrees, 53 minutes, 21 seconds West along the west line of said Section 10,
a distance of 280.00 feet to the northwest corner of said South 40 acres of Government Lot 5, thence
North 89 degrees, 51 minutes, 00 seconds East along the north line of said South 40 acres of
Government Lot 5, a distance of 600.00 feet, thence South 00 degrees, 53 minutes, 21 seconds East and
parallel with the west line of said Section 10, a distance of 200.00 feet, thence South 50 degrees, 54
minutes, 08 seconds West, a distance of 127.25 feet, thence South 89 degrees, 51 minutes, 00 seconds
West and parallel with the north line of said South 40 acres of Government Lot 5, a distance of 500.00
feet to the point of beginning, containing 3.8 acres, more or less.
Parcel D:
All that part of the Southeast Quarter of the Southwest Quarter of Section 10, and the North 30
acres of the North One-Half of the Northwest Quarter of Section 15, all in Township 29 North,
Range 21 West, Washington County, Minnesota, described as follows:
Commencing at the northwest corner of said Section 15, thence South 00 degrees, 18 minutes,
30 seconds West, bearings are based on the Washington County Coordinate System NAD83,
along the west line of said Section 15, a distance of 501.27 feet to the south line of said North 30
acres of the North One-Half of the Northwest Quarter of Section 15, thence North 89 degrees, 51
minutes, 00 seconds East, along said south line, a distance of 1808.59 feet to the point of
beginning, thence North 00 degrees, 02 minutes, 32 seconds West and parallel with the east line
of said Northwest Quarter of Section 15, a distance of 501.26 feet to the north line of said
Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along said north line a
distance of 105.52 feet, thence North 00 degrees, 53 minutes 21 seconds West and parallel with
the west line of said Section 10, a distance of 650.00 feet, thence South 89 degrees, 51 minutes,
00 seconds West and parallel with the south line of said Section 10, a distance of 200.00 feet,
thence North 00 degrees, 53 minutes, 21 seconds West and parallel with the west line of said
Section 10, a distance of 656.24 feet, to a point on the north line of said Southeast Quarter of
the Southwest Quarter of Section 10, thence North 89 degrees, 45 minutes, 24 seconds East
along said north line, a distance of 1113.64 feet to the northeast corner of said Southeast
Quarter of the Southwest Quarter, thence South 00 degrees, 31 minutes, 57 seconds East, along
the east line of said Southeast Quarter of the Southwest Quarter a distance of 1307.98 feet to
the southeast corner of said Southeast Quarter of the Southwest Quarter, thence South 00
degrees, 02 minutes, 32 seconds East, along the east line of said Northwest Quarter of Section
15 a distance of 501.26 feet to the south line of said North 30 acres of the North One-Half of the
Northwest Quarter of Section 15, thence South 89 degrees, 51 minutes, 00 seconds West, along
said south line, a distance of 800.00 feet to the point of beginning, containing 39.5 acres, more
or less.
APPENDIX K
District CLR – Closed Landfill Restricted
A. Purpose
The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are
qualified to be under the Closed Landfill Program of the Minnesota Pollution Control Agency
(MPCA). The purpose of the district is to limit uses of land within the closed landfill, both
actively filled and related lands, to minimal uses in order to protect the land from human
activity where response action systems are in place and, at the same time, are protective of
human health and safety. This district shall only apply to the closed landfill’s Land Management
Area, the limits of which are defined by the MPCA. This district shall apply whether the landfill is
in public (MPCA, County, City, Township), Indian tribal, or private ownership.
For purposes of this ordinance, the Land Management Area for the _________ Landfill, a
qualified facility under the MPCA’s Closed Landfill Program, is described as:
B. Permitted Uses
The following uses are permitted within the CLR District: ___________.
C. Accessory Uses
Accessory uses allowed in this district include outdoor equipment or small buildings used in
concert with gas extraction systems, other response action systems, monitoring wells or any
other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill
monitoring or improvement systems. Fences and gates shall apply under these provisions.
D. Conditional Uses
Conditional uses shall be limited to uses that do not damage the integrity of the Land
Management Area and that continue to protect any person from hazards associated with the
landfill.
Any application for a conditional use must be approved by the Commissioner of the MPCA and
the ___(LGU)____. Such approved use shall not disturb or threaten to disturb, the integrity of
the landfill cover, liners, any other components of any containment system, the function of any
monitoring system that exists upon the described property, or other areas of the Land
Management Area that the Commissioner of the MPCA deems necessary for future response
actions.
The following conditional uses are permitted within the CLR District:
E. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses, or that cannot be
considered as accessory uses, shall be prohibited in the CLR District.
F. General Regulations
Requirements for __(parking, signs, area, height)__ and other regulations are set forth in
_______________.
G. Any amendment to this ordinance must be approved by the Commissioner of the
MPCA and the ___(LGU)___.
Lake Elmo Comprehensive Plan Chapter III – Land Use Plan
PUBLIC/PARK – This category defines lands that include publicly owned facilities, places of worship,
public parks, and privately owned recreational facilities. The scale and types of uses allowable on
public/park lands are controlled by the city’s conditional use permit process. No new areas of
public/park space are currently designated by the new land use plan, but it is recognized that such areas
will be created during the development process, and the land use map will need to be updated
accordingly. [Corresponding Zoning District(s): P, OSP]
CLOSED LANDFILL RESTRICTED – This category is intended to apply to former landfills that are qualified
to be under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPCA). The purpose
of this category is to limit uses of land within the closed landfill, both actively filled and related lands, to
minimal uses in order to protect the land from human activity where response action systems are in place
and, at the same time, are protective of human health and safety. [Corresponding Zoning District: CLR]
ROAD R.O.W.s – This category encompasses all areas dedicated specifically for use as road right-of-way.
It should be noted that not all roads in Lake Elmo are on platted right-of-way, but are rather
accommodated by easements over other land use categories. Accordingly, there is more land dedicated
to use by roads than is depicted on the existing/planned land use table. New development will be
required to dedicate right-of-way to accommodate the proposed road network.
OPEN WATER – This category includes all land area in Lake Elmo covered by open water lakes and ponds
as identified in the DNR Public Waters Inventory. No new areas of open water are by the official land
use plan.
The distribution of planned land uses on the official Future Land Use Map is shown on Map 3-3 and is
summarized in Table 3-B:
Mixed Uses
Within the Old Village and in areas south of 10th Street, specific areas are targeted for potential mixed-
use development; however, this designation means different things in both districts.
Mixed Uses within the Old Village
The mixed use designation on property within the Old Village indicates development must adhere to
the specific zoning requirements established for mixed use development within the City Code. This
type of development will typically see residential, commercial, office, and/or similar uses combined
in complimentary ways within the same building.
Mixed Uses south of 10th Street
The mixed use designation on property south of 10th Street is intended to spur development by
providing maximum flexibility on future land uses, thereby allowing a development proposal to cater
to existing market conditions. In the areas designated as possible mixed-use on the Future Land
Use Map (Map 3-3), the City’s planning process has identified that either the base land use or the
adjacent land use designation would be appropriate for the site. These mixed-use areas may be
zoned in accordance with the base land use category, or the adjacent land use category provided
that:
• Any such zoning will only be allowed if it is contiguous to property in an adjacent land use
category; and
• The Urban Low Density Residential land use category will not allowed as an alternative land
use within mixed-use areas.
III – 10
Alternatively, a combination of the uses allowed within the base land use category and future land uses adjacent to a
mixed use area may be allowed through a planned unit development process.
1 Residential uses within the “Business Park” and “Commercial” land use designations can only occur in areas specifically designated for mixed use on the planned land use map 2 It is recognized that both park and road ROW areas will expand as new development occurs, but such acreage is accounted for in the respective development land use types as such land areas must contribute towards required development densities. 3 The staging plan for future development is fluid and will allow development to occur as market conditions dictate. Because of this, specific timing for development of any specific land use category is not possible. For the purposes of this table, the anticipated acreage changes are incrementally broken down into four periods of time showing a consistent rate of change between now and 2030. 4 The acreage of the greenbelt corridor areas, which are portions of the Village Open Space Overlay, that are adjacent to urban zoning districts were calculated to account for the remaining acreage in the Village. The other portions of the Village Open Space Overlay are accounted for through the base land use guidance (i.e. Rural Area Development or Rural Single Family).
III – 11
As part of this amendment, Map 3-3 would be updated to guide the Tartan Park Golf Course area and the Emerson property
as “Golf Course Community”
Because we are adding a Land Use Category, the Existing and Planned Land Use Table must be updated accordingly.
Table 3-B Existing and Planned Land Use Table
Land Use
Residential Density (units/acre)
Existing Land Use ()
Planned Land Use (acres)
Planned Land Use Changes (anticipated acreages in 5 year increments)3
Change (acres) Min Max City wide
(Village)1
2012 to 2015 2015 to 2020 2020 to 2025 2025 to 2030 R E S I D E N T I A L
Rural Area Development n/a 0.1 7094.24 5249.9 6640.66 6157.06 5703.53 5249.9 ‐1844.32
Residential Estates 0.1 0.4 771.26 793.71 776.87 782.49 788.10 793.71 22.45
Rural Single Family 0.66 2.0 1665.92 1666.41 1666.04 1666.16 1666.28 1666.41 0.49
Urban Low
Density 2.5 4 0.00 496.39 124.10 248.20 372.29 496.39 496.39
Urban Medium Density 4.5 7 176.08 390.49 229.68 283.29 336.89 390.49 214.41
Urban High Density 7.5 15 0.00 157.67 39.42 78.84 118.25 157.67 157.67
Village Urban Low Density 1.5 2.49 0.00 244.11 61.03 122.06 183.09 244.11 244.11
Village Urban Medium Density
2.5 4.99 0.00 119.11 29.78 59.56 89.33 119.11 119.11
Golf Course 1.5 2.49 0.00 424.39 0 424.39 424.39 424.39 424.39 Community
C O M M E R C I A L 2 Business Park 7.5 15 120.65 329.69 172.91 225.17 277.43 329.69 209.04
Commercial 4.5 7 99.86 208.33 126.98 154.10 181.22 208.33 108.47
Limited Business – – 111.41 66.16 100.09 88.78 77.47 66.16 ‐45.25
Village Mixed Use 5.0 10.0 0.00 164.40 41.10 82.20 123.30 164.40 164.40
P U B L I C / S E M I P U B L I C / O P E N S P A C E 3 Public/Park – – 3298.94 2877.4 3309.04 2857.19 2867.25 2877.4 -421.54 Closed Landfill Restricted
_ _ 67.53 67.53 67.53 67.53 67.53 67.53
Greenbelt
Corridor4 – – 0.00 82.67 20.66 41.34 62.01 82.67 82.67
Road ROWs – – 890.93 890.93 890.93 890.93 890.93 890.93 0.0
U N D E V E L O P E D
Open Water – – 1355.29 1355.29 1355.29 1355.29 1355.29 1355.29 0.0
TOTALS: – – 15,584.58 15,584.58 15,584.5 15,584.5 15,584.5 15,584.5
0.0
“Golf Course Community” added to the leg
1
CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-193 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING ADDING A CLOSED LANDFILL RESTRICTED ZONING DISTRICT.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article II: Definitions, Section 154.012 (B) (10) by adding the following: Closed Landfill Management. The use associated with the responsibility and obligation of the
Minnesota Pollution Control Agency (MPCA) to take necessary response actions on the property as
provided in Minnesota Statutes § 115B.412, Subd. 115B.39-43.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; by adding the following: ARTICLE XIX: CLOSED LANDFILL RESTRICTED
§ 154.801 CLOSED LANDFILL RESTRICTED
A. Purpose. The ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes § 115B.412, Subd. 9. The purpose of the CLR zoning district is to protect
the integrity of the landfill’s remediation and monitoring systems; protect human healthy and
public safety at each landfill; and accommodate local government needs and desires for land
use at the qualified facility with consideration for health and safety requirements.
§ 154.802 PERMITTED, CONDITIONAL, AND INTERIM USES.
Table 18-1 lists all permitted, conditional, and interim uses allowed in the Closed Landfill Restricted
zoning district. “P” indicates a permitted use, “C” a conditional use, and “I” an interim use. Uses not
so indicated shall be considered prohibited. Cross-references listed in the table under “Standards”
indicate the location within this Ordinance of specific development standards that apply to the listed
use.
CLR Standard
Closed Landfill Management P 154.012 (B) (10)
Solar Farms C 154.802, 154.803 (A), 154.915
§ 154.802 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
2
CLR
Structure setback requirements (feet)
Front yard 50
Side yard 50
Rear yard 25
Residential zones 150
§ 154.803 SITE DESIGN AND DEVELOPMENT STANDARDS.
A. Solar Farms. Proposed locations and plans for Solar Farms must be approved by both the
City and Minnesota Pollution Control Agency (MPCA). Required buffer width may be
waived through conditional use permit approval
SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-193 was adopted on this ______ day of ___ 2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2017.
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-143
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE
LAND USE DESIGNATION FOR A PORTION OF PID#S 10.029.21.33.001, 10.029.21.34.001,
AND 15.292.12.10.003 AS SHOWN ON THE SURVEY DATED AUGUST 18, 2017 FROM PUBLIC/PARK TO CLOSED LANDFILL RESTRICTED AND ALL OF PID# 15.292.12.10.20.0001 FROM RURAL AREA DEVELOPMENT TO CLOSED LANDFILL
RESTRICTED AND AUTHORIZES STAFF TO SUBMIT A COMPREHENSIVE PLAN
AMENDMENT FOR SAME TO THE METROPOLITAN COUNCIL
WHEREAS, the City of Lake Elmo (the “City”) has established a Comprehensive Plan that
provides a compilation of background data, policy statements, standards, and maps, which help to
guide the future physical, social, and economic development of the City; and
WHEREAS, The City of Lake Elmo, 3800 Laverne Avenue North, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City to amend the Comprehensive Plan, a
copy of which is on file in the City Planning Department; and
WHEREAS, the request to amend the Comprehensive Plan was submitted by the Applicant along with requests for a Zoning Text Amendment to create a new Closed Landfill Restricted Zoning District and Zoning Map Amendment to rezone a portion of PID#S 10.029.21.33.001,
10.029.21.34.001, and 15.292.12.10.003 from Public and Quasi-Public Open Space to Closed
Landfill Restricted and all of PID# 15.292.12.10.20.0001 from Rural Area Development to Closed Landfill Restricted; and
WHEREAS, the Planning Commission held a public hearing on October 23, 2017 to review
the requests; and
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City Council on the Applicant’s requests; and
WHEREAS, the City Council reviewed the Planning Commission regarding the Applicant’s
requests at its meeting on December 19, 2017; and
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment and believes that it is consistent with the spirit and intent of the Comprehensive Plan and beneficial for
public safety.
NOW THEREFORE BE IT RESOLVED based upon the testimony elicited and information received, the City Council makes the following findings:
FINDINGS
City Council Resolution 2017-143
City Council Resolution 2017-143
1.That the Applicant has submitted a request to amend the Comprehensive Plan in
accordance with the procedures as established by the Lake Elmo Planning Department
and Lake Elmo Planning Commission; and
2.That the request is to amend the Comprehensive Land Use Plan:
a.On page III-11, updating Table 3-B to reflect proposed increased acreage of Closed
Landfill Restricted and decreased acreage of Public/Park.
b.Updating Map 3-3 – the planned land use map to re-guide the land use of portions
of PID#s 10.029.21.33.001, 10.029.21.34.001, and 15.292.12.10.003 as shown on
the survey dated August 18, 2017 from Public and Quasi-Public Open Space to
Closed Landfill Restricted and all of PID# 15.292.12.10.20.0001 from Rural Area
Development to Closed Landfill Restricted.
3.That the proposed amendments are consistent with the overall goals and objectives of
the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings, the Lake Elmo City Council hereby approves the Applicant’s request to amend the Comprehensive Plan as
follows:
c.On page III-11, updating Table 3-B to reflect proposed increased acreage of Closed
Landfill Restricted and decreased acreage of Public/Park.
d.Updating Map 3-3 – the planned land use map to re-guide the land use of portions
of PID#s 10.029.21.33.001, 10.029.21.34.001, and 15.292.12.10.003 as shown on
the survey dated August 18, 2017 from Public and Quasi-Public Open Space to
Closed Landfill Restricted and all of PID# 15.292.12.10.20.0001 from Rural Area
Development to Closed Landfill Restricted.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby authorizes and directs staff to submit a Comprehensive Plan amendment consistent
herewith to the Metropolitan Council for review and approval.
Passed and duly adopted this 19th day of December 2017, by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________ Julie Johnson, City Clerk
CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-194 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that the following shall be added to I. Zoning Map Changes of the Table of Special Ordinances of the Municipal Code: Section 1: Zoning Map Amendment. The following property (portions of PID#S 10.029.21.33.001, 10.029.21.34.001, and 15.292.12.10.003 as shown on the survey dated August 18, 2017) is hereby rezoned from Public and Quasi-Public Open Space to Closed Landfill Restricted:
All that part of the South Fort y (40) acres of Government Lot Five ( 5) , Sect ion
Ten (10), and the Southeast Quarter of the Southwest Quarter (SE1/4 of SWl / 4) , of
Sec t ion Ten (10): The North Thirty (30) acres of the North One- Hal f of the North west Quarter (N1/2
of NW1/4) of Sect ion (15), all in Town ship Twenty- nine (29) North of Range
Twenty- one (21) West. Washington County, Minnesota described as follows:
Beginning on the southwest corner of said Section 10 ; thence on an assumed bearing of North 00 degrees 53 minutes 21 seconds West along the west line of said Government Lo t 5, a distance of 10 5 2. 31 feet; thence North 89 degrees 51 minutes 00 seconds East a distance of 38 8. 00 feet; thence South 02 degrees 33 minutes 06 seconds East a distance of 41.15 feet; thence South 52 degrees 54 minutes 34 seconds East a distance of 6 5. 60 feet;t hence South 00 degrees 31 minutes 20 seconds East a distance of 140 . 35 feet; thence South 33 degrees 55 minutes 33 seconds East a distance of 10 4. 10 feet; thence South 83 degrees 00 minutes 19 seconds East a distance of 211.40 fee t; t hence North 89 degrees 02 minutes 22 seconds East a distance of 246.40 feet; t hence South 52 degrees 55 minutes 47 seconds East a distance of 8 7 . 86 feet; t hence North 88 degrees 59 minutes 02 seconds East a distance of 296 65 feet; t hence South 46 degrees 54 minutes 35 seconds East a distance of 14 9.90 feet; t hence South 23 degrees 40 minutes 1 2 seconds East a distance of 117.00 feet; thence South 13 degrees 25 minutes 51 seconds East a distance of 30 9. 95 feet; thence South 17 degrees 22 minutes 20 seconds East a distance of 13 2. 47 feet; thence South 41 degrees 02 minutes 16 seconds East a distance of 74. 73 feet; thence South 7 4 degrees 53 minutes 05 seconds East a distance of 166.14 feet; thence South 2 4 degrees 30 minutes 02 seconds East a distance of 8 2. 40 feet;t hence South 19 degrees 20 minutes 10 seconds West a distance of 290. 90 feet; t hence South 53 degrees 35 minutes 08 seconds West a distance of 91.68 feet; t hence South 77 degrees 36 minutes 42 seconds West a distance of 133.6 2 feet; thence South 8 7 degrees 42 minutes 51 seconds West a distance of 272.90 feet t a the south line of said North 30 Acres; t hence South 89 degrees 51 minutes 00 seconds West along said south line of \he North 30 Acres a distance of 130 4. 28 feet to the west line of the Northwest Quarter of said Sect ion 15: t hence Nor th 00 degrees 18 minutes 30 seconds East along \he west line of said Section 15, a distance of 501.52 feet to \he point of beginning.
Subject to all easements of record
Section 2: Zoning Map Amendment. The following property (PID# 15.292.12.10.20.0001) is hereby rezoned from Agricultural to Closed Landfill Restricted:
NW 1/4 OF NW 1/4 EXC N 30 ACRES & EXC S 176FT OF W 330 FT EXC 15.029.21.22.0005 EXC BEING N 220FT OF S 396 FT OF W 330FT OF NW1/4-NW1/4 OF SEC 15 SUBJ TO RD EASE FOR JAMACA AVE OVER W 33FT THEREOF & N 50FT OF S 446FT OF W 436.33FT & ALSO N 220FT OF S 396FT OF E 106.33FT OF W 436.33FT OF NW1/4-NW1/4 OF SEC 15 EXC 15.029.21.22.0002 & 15.029.21.22.0003 SECTION 15 TOWNSHIP 029 RANGE 021
Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo.
Section 4: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-194 was adopted on this 19th day of December 2017, by a vote of ___ Ayes and ___ Nays.
_____________________________ Mike Pearson, Mayor ATTEST:
___________________________ Julie Johnson, City Clerk
From:Jason Rud
To:Emily Becker
Subject:RE: Completed Survey: Washington County Landfill
Date:Thursday, September 21, 2017 9:20:06 AM
Attachments:doc20170921093449.pdf
Good morning Emily,
I have not received an update, since we sent over this survey in August. Was this approved? Has the
split been finalized?
As promised earlier, I am sending over a breakdown of the time incurred to complete the survey
work. I fully acknowledge this a great departure from our original estimate of $4,640, and I do not
anticipate we would invoice our full amount. I am hoping though that we could possibly meet in the
middle, at a price of $6,350.00.
If this is acceptable, I will prepare a final invoice.
Please feel free to inquire with any questions you may have.
We appreciate your business.
Jason Rud
E.G. Rud and Sons
651-361-8200
From: Jason Rud
Sent: Friday, August 18, 2017 10:01 AM
To: 'Emily Becker' <EBecker@lakeelmo.org>
Subject: Completed Survey: Washington County Landfill
Good morning Emily,
Attached is the completed survey for your land fill parcel in a PDF format.
We are providing the following:
Existing parcel boundary and legal description per latest deed of record.
Existing contours per Lidar data, supplemented by existing improvements (buildings,
bituminous, fence line, gravel) located by our field crew.
Proposed parcel division line based upon last week’s field work. The existing fence is
generally 1-3 feet westerly and southwesterly of our division line as noted.
Proposed legal descriptions, areas, and dimensions for Parcels A and B.
These are larger format drawings, so I will also mail paper copies today.
Thank you very much for your trust in our service. Please inquire with any other questions or needs
you may have.
Jason Rud
E.G. Rud and Sons
651-361-8200
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Tuesday, August 15, 2017 1:52 PM
To: Jason Rud <jrud@egrud.com>
Subject: RE: Update
Ok thank you.
Emily BeckerCity PlannerCity of Lake Elmo
651-747-3912
ebecker@lakeelmo.org
From: Jason Rud [mailto:jrud@egrud.com]
Sent: Tuesday, August 15, 2017 1:30 PM
To: Emily Becker <EBecker@lakeelmo.org>
Subject: Update
Emily,
Just letting you know that we completed the field work last week to stake the new division line.
We have imported this information and drafted your proposed legal descriptions.
I anticipate your survey will be completed and disturbed this week.
Thank you,
JASON E. RUD, P.L.S. #41578PRESIDENT
www.egrud.com
MAIN: (651) 361-8200FAX: (651) 361-8701DIRECT: (651) 361-8225
ADDRESS:
6776 Lake Drive NE, Suite 110Lino Lakes, MN 55014
The electric data is transmitted for your convenience and is the sole property of E. G. Rud & Sons, Inc. By
accepting, the recipient agrees to indemnify, hold harmless, and defend E. G. Rud & Sons, Inc., from andagainst any and all damages, liabilities, claims, losses and expenses (including attorney's fees) arisingfrom the use of this data. This electronic data is subject to change and updates are the responsibility ofthe recipient. E. G. Rud & Sons, Inc., is not responsible for updating the data or for compatibility withrecipient's hardware and / or software. Please check this file for virus contamination prior to use.