Loading...
HomeMy WebLinkAbout05-0416200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) RI~BOLUTION RESOLUTION OF THE PRIOR LAKE CITY COUNCILMAKING A NEGATIVE DECLARATION ON THE NEED FOR FURTHER ENVIRONMENTAL REVIEW AS A RESULT OF THE JEFFERS POND ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) MOTION BY: PETERSEN SECOND BY: ZIESKA WHEREAS: The applicants, Wensmann Realty, Inc. and Paul Oberg, executor of the Jeffers Estate, have made application for consideration of a Preliminary Plat related to the Jeffers Pond development; and WHEREAS: The project requires preparation of a mandatory EAW pursuant to Minnesota Rules 4410.4300 Subpart 19; and WHEREAS: WHEREAS: The EAW was approved for distribution and was Published in the Environmental Quality Board Monitor on November 8, 2004. The 30 day comment period ended December 8, 2004; and The City Council is required to base its decision on the need for an Environmental Impact Statement (ELS) and the proposed scope of an ElS on the information gathered during the EAW process and on the comments received on the EAW. Pursuant to Minnesota Rules 4410.1700, in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: a. Type, extent and reversibility of environmental effects. Cumulative potential effects of related or anticipated future projects. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. 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 EISs previously prepared on similar projects; and WHEREAS: WHEREAS: The EAW prepared by Liesch Associates, Inc. is incorporated herein; and Comments regarding the EAW were received during the 30-day comment period ending December 8, 2004. Responses to those comments dated January 3, 2005 are incorporated herein. All comments were adequately addressed and no further information is needed; and WHEREAS: None of the potential environmental effects identified in the EAW are deemed to be significant or to materially adversely affect the environment, particularly in light of the mitigative measures proposed or integrated into the project and the extent to which they are subject to regulatbry authority; and WHEREAS: Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts; and rAresoluti\planres\05-04 jeffers pond eaw neg finding.doc www. cityo fpriorlake, com Page 1 Phone 952.447.4230 / Fax 952.447.4245 WHEREAS This documents all matters set forth above and incorporated herein, together with all matters in the same, shall constitute the Record of Decision. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: A. The above recitals are incorporated herein as if fully set forth. B. Based on the foregoing information and applicable ordinances, the proposed Jeffers Pond development does not have potential for significant environmental effects and that preparation of an ElS is not to be required based on a review of the submitted EAW and evidence received. C. The preparation of an Environmental Assessment Worksheet (EAW) and the comments received on the EAW has generated information adequate to determine whether the proposed development to be known as Jeffers Pond has the potential for significant environmental effects. D. An Environmental Impact Statement is not required for the Jeffers Pond development. E. The attached Findings of Fact and conclusions are incorporated herein as Exhibit A as if fully set forth. Passed and adopted this 3rd day of January, 2005. {Seal} YES NO Haugen X Hau~len LeMair X LeMair Petersen X Petersen Zieska X Zieska Vacant -- Vacant -- Frank Boyles, Qty MA'~ager¢ r:~resoluti\planres'\05-04 jeffers pond eaw neg finding.doc Page 2 16200 Eagle Creek Avenue S.E. EXHIBIT A Prior Lake, MN 55372-1714 FINDINGS OF FACT AND CONCLUSIONS IN THE MATTER. OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE PROPOSED JEFFERS POND DEVELOPMENT Wensmann Realty, Inc. and Paul Oberg, Executor of the Jeffers Estate, are proposing to develop 336 acres of land located at the southwest quadrant of the intersection of CSAH 42 and CSAH 21. The proposal calls for a mixed-use development consisting of retail space and offices, single family homes, residential condominiums, townhomes, senior apartments, an elementary school site, a fire station site, transit station site, and parks and trail on a total of 336 acres. Pursuant to Minn. R. 4410.4300, subp. 19, the City of Prior Lake has prepared an Environmental Assessment Worksheet (EAW) 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 EAW 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 Jeffers Pond Development consists of 336 acres of undeveloped land located in the southwest quadrant of Highway 21 and County Road 42 in Prior Lake, Minnesota. The proposed development includes 693 housing units consisting of a wide variety of home ownership options including senior apartment rental units, townhomes, condominiums, twinhomes, and single-family homes. In addition to the residential component, the project also includes approximately 24 acres of developable commercial area. The proposed development will also provide several public use facilities, including a future elementary school, fire station, and a transit station. g. Project Site The proposed Jeffers Pond project is situated within 336 acres of land located in the southwest quadrant of County Highway 42 and County Highway 21 in the City of Prior Lake (referred to as "Jeffers Pond site" or "Site"). The Site is currently undeveloped with the exception of a farmstead located near the northwestern comer of the Site. Currently the Site includes agricultural land, r:\resoluti\planres\res 05-04 exhibit a. doc www.Pc~olfpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 HI. mature woodland areas and wetlands. Adjacent land use includes existing residential development to the south of the Site as well as east of the southern two-thirds of the Site. West of the Site is the Wilds Golf and Country Club and to the north, across County Road 42,.is agricultural land, portions of which are currently under development by a church. PROJECT HISTORY mo This project was subject to the mandatory preparation of an EAW under Minnesota Rules. 4410.4300, subp. 19. B, An EAW was prepared on the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on November 8, 2004. C. A press Yelease containing the notice of availability of the EAW for public review was sent to the Prior Lake American on November 6, 2004. Do The EAW was noticed in the November 8, 2004, EQB Monitor. The public comment period ended on December 8, 2004. Comment letters were received on or before the deadline from the Metropolitan Council, the Department of the Army- Corps of Engineers St. Paul District and the Minnesota Department of Natural Resources. Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. 1 states that "an ElS 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.4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. The type of environmental impacts anticipated as part of this project includes: ao Increased municipal water use Increased water use will be accommodated by the expansion of the existing watermain trunk system. r:\resoluti\planres\res 05-04 exhibit a.doc Page 2 bo Increased wastewater discharge All of the wastewater will be typical sanitary sewage from residential and commercial uses. The additional wastewater will be treated at the Metropolitan Council Environmental Services Blue Lake Treatment Plant. This plant has the capacity to accommodate the additional discharge. Increased noise due to traffic within the area Noise will be that typical of residential communities and as associated with a school and fire station. Thus, noise associated with the completed project will be similar to surrounding residential (existing or future) areas. NoiSe mitigation is provided by site layout and tree plantings. The primary potential noise impact would occur with traffic at major intersections during peak traffic hours on CSAH 21 and 42. Noise impacts would be least on the western side of the wooded ridge. Minnesota Statue 116.07 Subd. 2a. states that municipal and county roads (except in Minneapolis and St. Paul) are exempt from the noise standards, and therefore the City and County roads associated with the Project are exempt. Increased traffic resulting from the Project as well as other adjacent development in the City will increase noise. The overall proposed Project layout situates the retail and commercial development nearest to the major roadway intersection (CSAH 42 and CSAH 21) and additionally situates institutional development (elementary school and fire station) along CSAH 21. Residential units are generally situated at greater distance from the major roads. The results of the noise analysis indicate that, considering the worst-case scenario, some proposed residences in close proximity portions of CSAH 21 are predicted to be above State standards. Incorporation of berms and other landscaping as mitigative measures are anticipated to reduce the noise levels to below State standards. do Wetland impacts from filling The total wetland fill proposed for the project is 1.07 acres combined from 17 individual areas. Compensatory wetland mitigation of 1.08 acres of new wetland and 1.07 acres of public value credits is proposed on site. Additional wetland mitigation is required to account for the required 2:1 replacement ratio. For the Project the replacement ratio is met by utilizing a portion of the Public Value Credit created by the storm water ponds and associated wetland buffer areas. Wetland filling will be mitigated r:\resoluti\planres\res 05-04 exhibit a. doc Page 3 through on-site wetland mitigation and use of existing banked credits. Increased stormwater runoff rate and volume. Stormwater management for the completed Project proposes 12 storm water retention ponds (National Urban RunoffProgram or NURP ponds) 12 infiltration basins and eight combination ponds to control the rate of runoff. These runoff controls require review and approval of the City and Watershed. Considerations used to locate and design the capacity of these erosion and sedimentation control measures includes catchment area, runoff rates and infiltration rates from different surfaces, under varying storm event scenarios. g. A primary element of the proposed Project is the adequate control and treatment of surface water runoff, both with regard to on-Site wetland quality and the Prior Lake outlet channel that runs through the property within the Watershed easement. The City and the Watershed have requirements to restrict post-development storm water rates and these requirements were taken into consideration in preparation of the Storm Water Management Plan. The Storm Water Management Plan notes that reStricting flows through the numerous wetlands on the Jeffers Pond site is important to minimizing erosion of the downstream channel, and also allows the Watershed to maintain lake levels in Prior Lake by allowing the targeted discharge rates to be achieved. To this extent some improvements are proposed to existing culverts along the drainage and flowage easement. . In general, the extents of the environmental impacts are consistent with those of a residential and commercial development. 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.4410.1700. supb. 7.B. The City's findings with respect to this factor are set forth below. The construction of the Jeffers Pond Development will be in phases over the next 5 years based on the local demand for these uses. The use of Best Management Practices and the NPDES General Stormwater Permit will be implemented and maintained throughout all construction phases of these projects to ensure the effects of erosion and sedimentation are mitigated. The property directly to the west is part of The Wilds Residential r:\resoluti\planres\res 05-04 exhibit a. doc Page 4' C. Do Development and is substantially complete. The property to the south is also substantially developed with residential 'units. . The EAW has also determined the potential traffic generated as a result of this development will impact the turning movements on CSAH 21 at the Fountain Hills intersection and on CSAH 42 at the new McKenna Road intersection. In order to mitigate this impact, the developer will 'be required to contribute in the cost of the construction of turn signals at the CSAH 21 and Fountain Hills intersection. 'When Scott County determines the signal is needed, these funds will be utilized for that construction. The nature and the amount of the contribution will be determined as part of the final plat and development contract approval process. o In general, the City finds the cumulative impacts of this development can be mitigated by the above conditions. 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 Army Corps of Engineers Permit or Approval Required Wetland Mitigation Permit State: MPCA MPCA/MCES MN Dept. of Health NPDES Permit; General Storm Water Permit Sanitary Sewer Permit Water Extension System Local: City of Prior Lake City of Prior Lake LGU - Prior Lake Scott County Prior Lake-Spring Lake Watershed District Grading and platting plan approval Building Permit/Sign Permits Wetland Impact for Wetland Conservation Act Access/R-O-W Stormwater Management Plan . The City finds that the potential environmental effects of this project are subject to mitigation by ongoing regulatory authorities; therefore, an EIS need not be prepared. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR rSresoluti\planresxres 05-04 exhibit a. doc Page 5 THE PROJECT PROPOSER, OR OF E1S's PREVIOUSLY PREPARED ON SIMILAR PROJECTS. 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 E1S'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 of the proposed project have been addressed in the following plans: . 2. 3. 4. City of Prior Lake Comprehensive Plan City of Prior Lake COmprehensive Local Surface Water Management Plan Traffic Impact Study for the Jeffers Pond DeveloPment Jeffers Pond S,ormwater Management Plan 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. .~ .... CONCLUSIONS 1. The preparation of the EAW and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects. · . 2. The EAW 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 Jeffers Pond development is expected to comply with all City of Prior Lake standards and review agency standards. o Based on the criteria established in Minnesota R.4410.1700, the potential impacts of this project can be addressed through the regular Permitting process. 4. An Environmental Impact Statement is not required. r:~resoluti\planres~res 05-04 exhibit a.doc Page 6