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HomeMy WebLinkAbout26-090 Approving a Negative EAW Declaration 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26-090 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT AS A RESULT OF THE MARLOW RIDGE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) Motion By: Braid Second By: Lake WHEREAS, Pulte Homes of Minnesota LLC, on behalf of the property owners Vierling Family Limited Partnership, have made application for an amendment to the 2040 City of Prior Lake Future Land Use Map; amendment to the official zoning map; easement vacation; preliminary planned unit development (PUD) plan for a development to be known as Marlow Ridge (the “Proposed Project”), and preliminary plat for Marlow Ridge Second Addition; and WHEREAS, the project requires preparation of a mandatory Environmental Assessment Worksheet (EAW) pursuant to Minnesota Rules 4410.4300 Subpart 19; and WHEREAS, the EAW was approved for distribution and was published in the Environmental Quality Board Monitor on May 12, 2026, with a 30-day comment period ending June 11, 2026; and WHEREAS, the City Council is required to base its decision on the need for an Environmental Impact Statement (EIS) and the proposed scope of an EIS 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; B. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; C. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and D. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs; and WHEREAS, the EAW prepared by SHC, LLC is incorporated herein; and WHEREAS, comments regarding the EAW were received during the 30-day comment period ending June 11, 2026. Responses to those comments are incorporated herein. All comments were adequately addressed, and no further information is needed; and 2 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 regulatory authority; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental effects; and 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 PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Based on the EAW, the Response to Comments and the Findings of Fact, the City of Prior Lake concludes the following: a. All requirements for environmental review of the Proposed Project have been met. b. The EAW and the development processes related to the Proposed Project have generated information which is adequate to determine whether the Proposed Project has the potential for significant environmental effects. c. Areas where potential environmental effects have been identified, the City of Prior Lake has included proper mitigative responses to be included within the final design of the Proposed Project. Mitigation will be required to be provided where impacts are expected to result from project construction, operation, or maintenance. Mitigative measures will be required to be incorporated into the Proposed Project design and have been or will be coordinated with local, state and federal agencies during the applicable permit process. d. Based on the criteria in Minnesota Rules part 4410.1700, the Proposed Project does not have the potential for significant environmental effects. e. An Environmental Impact Statement is not required for the proposed Marlow Ridge Development in Prior Lake, Minnesota. 3. The attached Findings of Fact and Conclusions are incorporated herein as Exhibit A as if fully set forth. Passed and adopted by the Prior Lake City Council this 23rd day of June 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager