HomeMy Public PortalAbout620 Ordinance Regarding Regulations of the Closed Landfill-Restricted Zoning District and the Sanitary Landfill Zoning DistrictCITY OF MEDINA
ORDINANCE NO.620
AN ORDINANCE REGARDING REGULATIONS OF THE
CLOSED LANDFILL -RESTRICTED ZONING DISTRICT AND THE SANITARY
LANDFILL ZONING DISTRICT; AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 827.09 et. Seq. of the code of ordinances of the city of Medina is amended
by deleting the existing strielEen language in its entirety.
Section Q27no Saul+....,rt,e c.,.,itaf.> r , ndfiii (S 1 Dist iet ;
sanitary landfills. Since this type of land use is so unique to the ecological setting of Medina and
called for. Within any district zoned SL in Medina, an extensive set of performance standards must
landfill shall be established or operated without a Conditional Use Permit. Said Conditional Use
Permit shall be valid for a one year period, after which a permit renewal shall be required. The City
Council may also require a performance bond, cash escrow, or letter of credit from the landowner or
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persons requesting the permit:
Subd. 1. Name and address of person requesting the permit.
Subd. 3. The following maps of the entire site and to include all areas within five hundred
(500) feet of the site. All maps shall be drawn at a scale of one (1) inch to one hundred (100)
feet unless otherwise stated below:
(a) Map A
Existing conditions to include:
Contour lines at five (5) foot intervals.
Existing vegetation.
Ordinance No. 620 1
November 8, 2017
Existing drainage and permanent water areas.
Existing structures.
Existing wells.
Existing roadways and easements.
(b) Map B
Proposed operations to include:
Structures to be erected.
Location of earthwork and fill operation to be mined showing depth of
pr-epeseel-ex-eavatiew.-
Location of refuse disposal deposits showing maximum height of deposits.
Location of machinery to be used in the mining operation.
Location of storage of mined materials, showing height of storage deposits.
Location of vehicle parking.
Location of storage of explosives.
Erosion and sediment control structures.
Location of proposed roadways and easements.
Type and capacity of equipment to be used.
(c) Map C
End use plan to include:
Final grade of proposed site showing elevations and contour lines at five
(5) foot intervals.
Location and species of vegetation to be replanted.
Location and nature of any structures to be erected in relation to the end use
Subd. 4. A soil erosion and sediment control plan.
Subd. 5. A plan for dust and noise control.
Subd. 6. A full and adequate description of all phases of the proposed operation to include an
Subd. 7. A plan for fire nuisance and vermin control.
Subd. 8. Any other information requested by the Planning Commission or City Council
Subd. 9. Estimated daily or weekly volume of garbage and other waste.
Ordinance No. 620 2
November 8, 2017
Subd. 10. A plan or the submittal of assurances to the City from private or public sources
Subd. 11. A plan or submittal of assurances to the City from private or public sources
tenure on those routes providing primary landfill site access.
(1000) feet of the operation shall be notified of the annual conditional permit renewal request.
whom a permit is issued by the City for the operation of a sanitary landfill. These regulations shall
govern the operation of all City approved sanitary landfills and any failure to observe these
Subd. 1. All garbage and other refuse accepted by the landfill permit holder shall be
or ground pressure of at least five (5) pounds per square inch. Such equipment shall have
enforcement officer. Sufficient auxiliary equipment shall be maintained on the site or
the depth does not exceed a maximum depth of two (2') feet prior to its -compaction.
Subd. 3. The areas shall be continually policed to prevent fire and the blowing of papers; shall
be neat and sanitary at all times, and shall be covered at the end of each day's operation, as
blowing papers and unsightly conditions. The size of the active face on which refuse is
been . .,+t., ,top siteE shalt be kept +
percent (50%) earth and other inert materials, such as ashes, cinders or gravel. A minimum
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kept on all inactive faces of the landfill at all times. The active faces of the landfills should
be covered at the end of each day's operation, or as otherwise directed by the Administrator.
graded and seeded in such a manner as to prevent erosion.
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must be at least two feet (2') apart.
Ordinance No. 620 3
November 8, 2017
Subd. 7. All garbage and refuse material existing on the site at the time the permit is issued
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covered with cover material at least one foot (1') in depth if below the desired finished
operation shall be completed within fifteen (15) werking days after the issuance of a special
Subd. 8. The permittce or operator shall erect such temporary or permanent fences or take
ether- r•r,e.,, ,r•vJ e, .u.rallay ,. r+e r r-,.,b ly-eentr-el b.1�,,,.;,,... F«.,per- . «.1 ,.4her
be11
matefi l fFerb, t e la„afill
fe +erg,„er afy ste. age , 'th 1 1 f e ,1 1 t f + + ,t b. +br
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Y' d
t shall be available at all times on the site or the
operator shall furnish the Inspector with proof of a fire fighting agreement between the
operator and the local fire district.
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Subd. 13. The permit holder shall provide an access road, approved by the Administrator that
is passable in all types of weather conditions to the dumping site.
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iltwi , b . per-:e s .,f bre.,.,,. fai a „fall, �r.a .,,br .,er, he . being f lie ,,,.r,7 , .., ,7
,.aJvu
_.e--rea ec-ause-ef-sai-weather-eenditiew eteffnit-lielkler-shhnll-alse -tale
preeaut;e.,� + et;r,,tnate a ,1„ + ' ,1 +b
tra vVa..K.i Val„ �V v1u,u,it.1.�V VAVVUJ ulAJl 111 u1�VYtiCC1ZZVrr
Subd,1-5seets-nnel-rede itc shall be controlled and exterminated as directed by
the Inspector.
Ordinance No. 620 4
November 8, 2017
followed in the development, operation and restoration of a sanitary landfill use.
this Section, no permit shall be issued and no rezoning applications shall be approved for the
construction or operation of sanitary landfills or the expansion or modification of such facilities if
the amount of land comprising the proposed, expanded or modified landfill when added to land
zened-fer-stieh-uses and
Subd. 2. All land either currently or previously zoned sanitary landfill (SL) including all
ott 16 >,,,ffs *>,o, ro , ,. , o .,+o.„ t r ,as ,,a , tt,o, t ,.,a in SL zones but not
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actually used for the placement of refuse.
Section 827.20. Fces. Pursuant to Minn. Stat., Section 115A.921, the permit holder shall pay
quarterly to the city a fee of fifteen (15) cents per cubic yard or equivalent weight of solid waste
accepted and disposed of on the landfill site. The revenue derived from the fee shall be placed in
adverse affects of the sanitary landfill. Waste residue from energy and resource recovery facilities
otherwise separating and preparing solid waste for reuse shall be exempt from one half of the fee if
there is at least an 85 percent volume reduction in the solid waste processed. Before any fee is
said period the zoning on the sanitary landfill site shall revert to its previous zoning classification or
such other zoning classifications as may be determined by the City Council in the manner provided
in this Code for rezoning of land. The applicant shall agree to the limitations provided in this
section 827.21 by contract duly executed by authorized representatives of the applicant in a form
satisfactory to the City Council.
Section 827.23. Severability. Paragraphs, sentences, clauses and phrases of Sections 827.09
through 827.23 inclusive are severable, and if an<, a-et�e, se tenee „ phe eetion of
shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections.
Ordinance No. 620 5
November 8, 2017
SECTION II. New Section 827.09 of the code of ordinances of the city of Medina is hereby added
to replace the deleted language as follows:
CLOSED LANDFILL -RESTRICTED (CLR) ZONING DISTRICT
Section 827.09. Closed Landfill Restricted
Subd. 1. 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.
Subd. 2. Applicability. For purposes of this ordinance, the Land Management Area for the
Woodlake Landfill, a qualified facility under the MPCA's Closed Landfill Program,
encompasses the whole Woodlake Landfill and is legally described as:
That part of the South Half of the Southeast Quarter of the Northwest Quarter of Section
8, Township 118 North, Range 23 West of the St Principal Meridian described as
beginning at the southeast corner of said South Half of the Southeast Quarter of the
Northwest Quarter; thence northerly, along the east line of said South Half of the
Southeast Quarter of the Northwest Quarter, to a point distant 100.00 feet southerly from
the northeast corner of said South Half of the Southeast Quarter of the Northwest
Quarter; thence northwesterly to a point on the north line of said South Half of the
Southeast Quarter of the Northwest Quarter distant 96.00 feet westerly from said
northeast corner; thence westerly, along said north line, to the northwest corner of said
South Half of the Southeast Quarter of the Northwest Quarter; thence southerly along the
west line of said South Half of the Southeast Quarter of the Northwest Quarter, to the
southwest corner of the South Half of the Southeast Quarter of the Northwest Quarter;
thence easterly, along the south line of said South Half of the Southeast Quarter of the
Northwest Quarter, to the place of beginning which lies westerly of the center line on
Tomahawk Trail; and
The North 1/2 of the West 1/ of the Northwest'/ of Section 8, Township 118, Range 23,
subject to mineral reservations of record; and
The South 1/2 of the West 1/2 of the Northwest 1/ of Section 8, Township 118, Range 23
subject to mineral reservations of record; and
That part of the West 1/ of the Northeast % of Section 8, Township 118 North, Range 23
West of the St Principal Meridian, described as follows: Beginning at the Northwest
corner of said West 1/2; thence South along the West line of said West 1/2 distant 1830 feet
to the center line of the Township road; thence bearing North 33 degrees 35 minutes East
Ordinance No. 620 6
November 8, 2017
from said West line 1000 feet along said center line; thence deflecting to the right 14
degrees 20 minutes along said center line 1036.4 feet to the East line of said West %;
thence North along said East line 290 feet to the North line of said West 1/2; thence West
along said North line 1330 feet to the point of beginning. ALSO, the Southeast'/ of the
Southeast'/ of the Southwest'/ of Section S, Township 118, Range 23.; and
The Northeast'/ of the Northwest'/; and the Northwest 'A of the Southeast 'A of the
Northwest'/a; and the South '/ of the Northeast 'A of the Southeast 1/ of the Northwest'/,
except road; and the North'/a of the Northeast 'A of the Southeast'/ of the Northwest'/a;
all in Section 8, Township 118, Range 23, Hennepin County, Minnesota; and
ALSO the West 60 feet of Government Lot 1 (Southwest'/), Section 8, Township 118,
Range 23, lying North of Hamel, Hennepin County, Minnesota.
Containing 194.1837 acres, more or less.
Subd. 3. Permitted Uses. The following use is permitted within the CLR District: Closed
Landfill management.
Subd. 4. 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.
Subd. 5. Conditional Uses.
(a) The following conditional use is permitted within the CLR District: Solar
Equipment, subject to the regulations described in Subd. 2 of City Code Section
828.09.
(b) The Conditional uses noted herein shall only be permitted if they do not damage
the integrity of the Land Management Area and that continue to protect any
person from hazards associated with the landfill.
(c) Any application for a conditional use must be approved by the Commissioner of
the MPCA and the City of Medina. 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.
Subd. 6. Prohibited Uses and Structures. All other uses and structures not specifically
allowed as permitted uses, conditional uses, or that cannot be considered as accessory
uses, shall be prohibited in the CLR District.
Subd. 7. General Regulations. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code:
(a) Minimum Yard Requirements
Ordinance No. 620 7
November 8, 2017
(i) Minimum Front Yard Setback: 75 feet
(ii) Minimum Rear Yard Setback: 75 feet
(iii) Minimum Side Yard Setback: 75 feet
(b) Building Design
(i) Maximum Building Height: Building height shall not exceed 35 feet. In the
case that a structure is not equipped with a compliant fire sprinkler system,
the maximum building height shall be 30 feet.
(ii) Exterior Building Materials
(1) Primary exterior building materials shall consist of the following
materials: brick, natural stone, stucco, Exterior Insulation and Finish
System or similar product, fiber cement lap siding, copper, glass,
decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. Decorative concrete shall be color
impregnated in earth tones (rather than painted) and shall be patterned to
create a high quality terrazzo, brick, stucco, or travertine appearance.
(2) A maximum of 20 percent of the vertical building exterior may be metal
or vinyl if used as accent materials which are integrated into the overall
building design.
(3) Exterior materials shall not include galvanized/unfinished steel or
galvalum/unfinished aluminum.
(c) Outdoor Lighting. The preservation of natural darkness is a high priority within the
rural area of the City. Lighting shall be limited to the amount necessary for public
safety. Unless otherwise specified herein, outdoor lighting shall abide by the
requirements specified in the Outdoor Lighting Ordinance, Section 829. Lighting
shall abide by the following requirements:
(i) Lighting levels at property lines and 25 feet inside of the property lines shall be
limited to 0.0 foot-candle.
(ii) The City shall require active measures to be implemented to limit the intensity
of lighting and also the amount of time which extensive lighting, such as
parking lot lighting, is utilized. These measures may include, but are not
limited to: shorter light poles, separately controlled lighting zones, lighting
controls based on occupancy instead of timers, and lighting curfews.
(iii) Parking and walkway lighting fixtures shall utilize full cut-off luminaries
with no more than 10 percent of light output above the horizontal plane
through the light source.
(iv) Landscape and architectural lighting shall be aimed directly at the area of
focus. Spill light shall be minimized through the use of narrow distribution
luminaries and control devices such as louvers, refractors, barn doors, and
glare shields.
Subd. 8. Methane Gas Area of Concern and Groundwater Area of Concern.
(a) Minn. Stat. § 115B.412, Subd. 4(b) requires the City to incorporate information related to the
Woodlake Landfill into its land use plan and to incorporate information related to
associated groundwater contamination and landfill gas migration. The MPCA has
identified a Methane Gas Area of Concern and a Groundwater Area of Concern
within the Woodlake Landfill Closed Land Use Plan, which is incorporated herein, as
Ordinance No. 620 8
November 8, 2017
may be amended by the MPCA from time to time. These areas extend off of the Land
Management Area and onto nearby lands.
(i) The MPCA has determined that, within the Groundwater Area of Concern, the
presence of activities that require the use of groundwater may be impacted by
contamination from the landfill, or may cause the groundwater flow direction to
change thereby impacting the user or others nearby.
(ii) The MPCA has determined that, within the Methane Gas Area of Concern, the
presence of certain activities, such as construction of enclosed structures, may be
impacted by subsurface migration of methane gas.
(b) Notification and Provision of Information.
(i) The Zoning Administrator shall notify persons applying for a permit to develop
property within the Methane Gas Area of Concern or the Groundwater Area of
Concern that information is available related to the Woodlake Landfill and
associated groundwater contamination and landfill gas migration.
(ii) The Zoning Administrator shall provide copies of such information upon request.
Subd. 9. Amendments. Any amendment to this ordinance must be approved by the
Commissioner of the MPCA and the City of Medina.
SECTION IIII. Sections 827.13 through 827.23 of the code of ordinances of the City of Medina
are hereby reserved for potential future use as follows:
Section 827.13 — 827.23. RESERVED
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 8t day of November, 2017.
Bob Mitchell, Mayor
Attest;
/!I i
Jodi M. Gallup, City Clerk/
Published in the Crow River News on the 16th day of November, 2017.
Ordinance No. 620 9
November 8, 2017
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