HomeMy WebLinkAbout99-140
RESOLUTION 99-140
DETERMINING A NEGATIVE DECLARATION ON THE NEED
FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT (EIS)
FOR THE DEERFIELD PROJECT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
Schenck
SECOND BY:
Wuellner
D.R. Horton, Inc. has proposed to construct a residential development west of the
Ponds Athletic Complex and southwest of CSAH 21 on 165 acres of land; and
this development proposes to construct 78 unattached units and 462 attached
units; and
pursuant to Minn. R. 4410.4300, subp. 19D, the City of Prior Lake has prepared
an Environmental Assessment Worksheet (EAW) for this proposed project; and
the Deerfield development is expected to comply with all the City of Prior Lake
standards and review agency standards; and
based on the criteria established in Minnesota R. 4410.1700, the project does not
have the potential for significant environmental effects; and
based on the Findings of Fact and Conclusions, the project does not have the
potential for significant environmental impacts.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, as follows:
1. The preparation of an Environmental Assessment Worksheet (EAW) and the comments received
on the EAW have generated information adequate to determine whether the proposed
development to be known as Deerfield has the potential for significant environmental effects.
2. An Environmental Impact Statement is not required for the Deerfield development.
3. The attached Findings of Fact and Conclusions are incorporated herein as Exhibit A as if fully set
forth.
Passed and adopted this 20th day of December, 1999.
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AN EQUAL OPPORTUNITY EMPLOYER
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
{Seal}
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EXHIBIT A
FINDINGS OF FACT AND CONCLUSIONS
IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL
IMP ACT STATEMENT (EIS) FOR THE PROPOSED DEERFIELD DEVELOPMENT
RESIDENTIAL DEVELOPMENT
D.R. Horton, Inc. has proposed to construct a residential development west ofthe Ponds Athletic
Complex and south west of CSAH 21 on 165 acres of land. This development proposes to
construct 78 unattached units and 462 attached units. Pursuant to Minn. R. 4410.4300, subp.
19D, the City of Prior Lake has prepared an Environmental Assessment Worksheet (EA W) for
this proposed project. As to the need for an Environmental Impact Statement (EIS) on the
project and based on the record in this matter, including the EA W and comments received, the
City of Prior Lake makes the following Findings of Fact and Conclusions:
Findings of Fact
I. PROJECT DESCRIPTION
A. Project
The Deerfield Residential Development project proposes the construction of78
unattached units and 462 attached units on 165 acres. This site is also anticipated
to contain approximately 32 acres of wetland, and 12 acres of wooded area.
B. Project Site
The proposed project is within a 165 acre area west of The Ponds Athletic
Complex southwest ofCSAH 21 in Prior Lake, MN. The project is located within
the NW 1/4 Section 12, T114N, R24W. Portions of this site have been cropped in
the past and currently contain 32 acres of wetland, 15.4 acres of wooded area, and
34.1 acres of grassland.
II. PROJECT HISTORY
A. This project was subject to the mandatory preparation of an EA Wunder
Minnesota R. 4410.4300, subp. 19D.
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AN EQUAL OPPORTUNITY EMPLOYER
B. An EA W was prepared on the proposed project and distributed to the
Environmental Quality Board (EQB) mailing list and other interested parties on
October 21, 1999.
C. A press release containing the notice of availability of the EA W for public review
was published in the Prior Lake American on Saturday, October 23, 1999.
D. The EA W was noticed in the November 1, 1999, EQB Monitor. The public
comment period ended on December 1, 1999. Comment letters were received on
or before the deadline from the Minnesota Historical Society, the Department of
Natural Resources, Scott County Soil and Water Conservation Service, City of
Savage, Professional Engineering Consultants, David and Nancy Pinke, Edward
Widner, and Thomas Stanley. Letters from Scott County and the Minnesota
Pollution Control Agency were received after the comment deadline. Copies of
the letters are hereby incorporated by reference. Responses to the comments are
also incorporated by reference.
III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS
Minnesota R.441 0.1700, subp. 1 states that "an EIS shall be ordered for projects that have
the potential for significant environmental effects." In deciding whether the project has
the potential for significant environmental effects, the City of Prior Lake must consider
the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these
factors, the City finds as follows:
A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS
The first factor that the City of Prior Lake must consider is "type, extent and
reversibility of environmental effects," Minnesota R.441O.1700, subp. 7.A. The
City's findings with respect to each ofthese issues are set forth below.
1. The type of environmental impacts anticipated as part of this project
includes:
a. Increased municipal water use
Increased water use will be accommodated by the expansion of the
watermain trunk system.
b. Increased wastewater discharge
The additional 63 mgy of normal domestic sewage will be treated
at the Metropolitan Council Environmental Services Blue Lake
Treatment Plant. This plant has the capacity to accommodated the
additional discharge.
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c. Increased noise due to traffic within the area
Based on traffic and noise modeling, the additional traffic will not
have a significant impact on the area and the noise levels will be
within the MPCA standards
d, Wetland impacts from filling
Wetland filling will be mitigated through on-site wetland
mitigation. Further, wetland impacts will be evaluated through the
permitting process.
e. Increased pollutants in stormwater runoff
Treatment ponds designed to NURP guidelines have been included
in the plans for this development to mitigate the effects of
pollutants in the stormwater runoff.
f. Increased stormwater runoff rate and volume.
This project has been designed to limit discharge rates to pre-
project levels. As with any type of development, the project does
increase the volumes of stormwater runoff. The stormwater
analysis for the project has shown this project will not create a
significant bounce in the water bodies. The net effect on Credit
River is insignificant if even detectable. Scott County is in the
process of preparing a Comprehensive Stormwater Management
Plan which will include this watershed. The stormwater analysis
for this project will be incorporated into the that plan, along with
the potential effects of any future development proposals.
Further, these impacts will be minimized and mitigated through the local,
state, and federal permitting and plan approval processes.
2. In general, the extent of environmental impacts are consistent with those
of residential development.
B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The second factor that the City of Prior Lake must consider is "the cumulative
potential effects of related or anticipated future projects", Minnesota R.441O.1700.
supb. 7.B. The City's findings with respect to this factor are set forth below.
1. The construction of the Deerfield Residential Development will be in
phases over the next 4 years based on the local demand for housing. The
use of Best Management Practices and the NPDES General Stormwater
Permit will be implemented and maintained throughout all phases of these
projects to ensure the effects of erosion and sedimentation are mitigated.
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It is anticipated that the adjacent parcels will develop in the future,
although no plans have currently been developed. While this development
alone has minimal impacts, the cumulative impact of regional
development has potentially significant impacts on stormwater volume,
quality, and rate. Scott County is in the process of preparing a
Comprehensive Stormwater Management Plan which will include this
watershed. The stormwater analysis for this project will be incorporated
into the that plan, along with the potential effects of any future
development proposals. Once the plan is complete, most likely by the end
of2000, the City will incorporate the plan recommendations into future
development proposals.
C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO
MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY
1. The following permits or approvals will be required for the project:
Unit of Government
Federal:
US Corps of Engineers
Permit or Approval Required
Wetland Impact
State:
DNR
DNR
MPCA
MPCA
MPCA
MN Dept. of Health
Dewatering permit
Impact to DNR WatersfWetlands
NPDES Permit; General Storm Water Permit
Sanitary Sewer Permit
401 Certification
Water Extension System
Local:
City of Prior Lake
City of Prior Lake
LGU - Prior Lake
Scott County
City of Savage
Grading and platting plan approval
Building Permit
Wetland Impact for Wetland Conservation Act
Stormwater Management Plan approval
Stormwater Management Plan review
2. The City finds that the potential environmental effects ofthis project are
subject to mitigation by ongoing regulatory authorities; therefore, an EIS
need not be prepared.
D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE
ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER
ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR
THE PROJECT PROPOSER, OR OF EIS 's PREVIOUSLY PREPARED ON
SIMILAR PROJECTS.
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The fourth factor that the City must consider is "the extent to which
environmental effects can be anticipated and controlled as a result of other
environmental studies undertaken by public agencies or the project proposer, or of
EIS's previously prepared on similar projects," Minnesota R.4700.1700, subp.
7.D. The City's findings with respect to this factor are set forth below:
The environmental impacts ofthe proposed project have been addressed in the
following plans:
1. City of Prior Lake Comprehensive Plan
2. City of Prior Lake Comprehensive Local Surface Water Management Plan
3. Traffic Impact Study for the Deerfield Development
4. Deerfield Stormwater Analysis (August, 1999 completed by BDM
Consulting Engineers)
The City finds the environmental effects of the project can be anticipated and
controlled as a result of the environmental review, planning, and permitting
processes. This process has determined a regional stormwater management plan
outlining allowable discharge rates in the area is needed prior to additional
development beyond this proj ect. Scott County is in the process of preparing a
Comprehensive Stormwater Management Plan which will include this watershed.
The stormwater analysis for this project will be incorporated into the that plan,
along with the potential effects of any future development proposals.
CONCLUSIONS
1. The preparation of the EA Wand comments received on the EA W have generated
information adequate to determine whether the proposed development has the potential for
significant environmental effects.
2. The EA W has identified areas where the potential for significant environmental effects exist.
Appropriate mitigative measures have been incorporated into the project plan with respect to
utilities, wetlands, traffic, noise and stormwater runoff. The Deerfield development is
expected to comply with all City of Prior Lake standards and review agency standards.
3. Based on the criteria established in Minnesota R.441 0.1700, the potential impacts of this
project can be addressed through the regular permitting process. The preparation of a
regional stormwater management plan outlining allowable discharge rates in the area is
needed prior to additional development beyond this project. Scott County is in the process of
preparing a Comprehensive Stormwater Management Plan which will include this watershed.
The stormwater analysis for this project will be incorporated into the that plan, along with the
potential effects of any future development proposals.
4. An Environmental Impact Statement is not required,
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