HomeMy Public PortalAbout2010-056 Resolution Regarding the Negative Declaration for Need for Environmental Impact StatemntMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2010-56
RESOLUTION REGARDING THE NEGATIVE DECLARATION
FOR THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE ENCLAVE RESIDENTIAL DEVELOPMENT
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Minnesota Rules Chapter 4410 contains the requirements for the Minnesota
Environmental Quality Board ("EQB") Environmental Review Program; and
WHEREAS, the City prepared an Environmental Assessment Worksheet (EAW), for a
proposed residential subdivision located on 109 acres in Medina consisting of 140 single-family
homes, 42 attached townhomes and an association owned Community Park with a pool and pool
house, commonly referred to the Enclave (the "Project'), in accordance with the Environmental
Review Program of the EQB; and
WHEREAS, on June 15, 2010, the City, as the Responsible Governmental Unit ("RGU")
for preparation of the Enclave EAW approved the EAW for distribution to the EQB distribution
list and interested parties; and
WHEREAS, the EAW was published in the June 28, 2010 edition of the EQB Monitor,
which started the required 30-day public comment period that commenced on June 28, 2010 and
ended on July 28, 2010; and
WHEREAS, the RGU received five comments letters that are incorporated as Exhibit A,
attached hereto, and the City has determined that the comments received do not support the need
for an EIS on the proposed project; and
WHEREAS, responses were prepared for comment letters received and these responses
are provided in Exhibit B, attached hereto; and
WHEREAS, pursuant to Minnesota Rules, Section 4410.1700, the RGU shall base its
decision regarding the need for an Environmental Impact Statement ("EIS") on the information
gathered during the EAW process, the comments received on the EAW, and the criteria
established by the EQB to determined whether a project has the potential for significant
environmental effects as provided in the Findings of Fact; and
WHEREAS, after considering the EAW, the comments on the EAW, and the responses
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to comments, the City Council has determined that the Enclave does not have potential for
significant environmental effects that cannot be addressed in the Project design and permit
development processes and that preparation of an EIS for the project is not required, based on the
following Findings of Fact:
(1) Findings related to: the type, extent, and reversibility of environmental effects:
The EAW and Response to Comments summarizes the type and extent of impacts to the
natural environment. The proposed Project includes measures to mitigate impacts to the
environment as described in the EAW and response comments. Design features such as
erosion control measures, storm water management systems, sanitary sewer systems, and
water systems are planned to minimize impacts on water quality. Improvements will also be
made to water and sewer utility services to support new development. The development will
be using low water, low maintenance specialized turf throughout the development. This turf
grass will be installed by the developer and be required of all homes and maintained common
spaces. Ideally, the irrigation system as described in the EAW is not needed by the
development, but is currently being considered as a backup plan. Installation of the irrigation
system will be driven by need at a later date and is not planned at this time.
With the irrigation restrictions in place for this development project, a reduction in water
usage rates per person is expected. The irrigation well design and installations will be
closely coordinated with the City of Medina to ensure an adequate municipal water supply.
Aquifer performance tests on future irrigation and city municipal wells will be required as
part of the design and installation processes. Seasonal variation and long-term regional
aquifer decline will be considered in the design and performance of the new wells. Full and
proper well development will be achieved during well installation to reduce drawdown and
increase well performance. The City of Medina will have the authority to restrict or prohibit
the use of the irrigation wells should they threaten the municipal water supply.
Any potential effects that are reasonably likely to occur from this Project would not be
irreversible. The expected effects as a result of the ongoing operation of the residential
development are minimal. There is no reason to believe that the ongoing operations of the
Project will cause a significant negative environmental effect. The potential impacts of
ongoing operations that are reasonably expected to occur have been considered during the
environmental review process and design features to mitigate these impacts have been
developed.
(2) Findings related to: the Cumulative potential effects of related or anticipated future
projects:
Cumulative impacts of this project include the reconstruction of Hunter Drive within the
same general alignment and width. Improvements will also be made to water and sewer
utility services to support new development. A relatively small area will be added to the
MUSA boundary, however, the City recently completed a Comprehensive Plan that
addresses the cumulative impacts of development on a city wide basis. The addition of
MUSA land was reviewed and determined not to cause impacts beyond what was planned in
Resolution No. 2010-56 2
August 17, 2010
the Comprehensive plan. An equal amount of the extended MUSA area (6.5 acres) is being
reguided to Public thus there is no additional net acreage of development that will occur
beyond what was planned for in the Comprehensive Plan and utility planning. There are no
other future known projects that may interact with this proposed project to cause cumulative
impacts. As the adjoining undeveloped parcels develop there will be connections to the trunk
utilities and the proposed public streets. This development will install the utilities and
provide connection points for the existing neighborhoods and the undeveloped parcels.
In summary, taking into account past, present, and reasonably foreseeable projects, this
project may have a potential positive cumulative impact on the environment for the limited
reasons stated above. It is noted that agency comments did not disclose any cumulative
effects of any related, past, present or future projects. It is not anticipated that the project has
the potential for adverse cumulative impacts.
(3) Findings related to: the extent to which the environmental effects are subject to
mitigation by ongoing public regulatory authority:
The proposed The EAW and Response to Comments identified areas where potential Project
environmental effects exist and appropriate mitigation measures have been or will be
incorporated into Project design and required permits. The City is the government agency
with primary regulatory authority over the Project, although other government approvals and
permits identified in the EAW must also be obtained. The City will condition approval of the
Preliminary Plat, and Rezoning, on the mitigation measures identified through the EAW
process and response to comments, establishing an escrow account for the compliance with
all applicable City ordinances, and compliance, MnDNR, Met Council, MPCA and all other
applicable permit and regulatory requirements to minimize environmental effects. The
Project Development Agreement will incorporate these conditions as well.
(4) Findings related to: 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:
The following documents were reviewed as part of the environmental review for the
proposed The Enclave project. This list is not exhaustive.
■ City of Medina Comprehensive/Critical Area Plan and Zoning Ordinance
■ City of Medina Stormwater Management Plan
• Metropolitan Council 2030 Regional Development Framework
■ Enclave PUD, Preliminary Plan, and Rezoning Application
■ Minnesota Department of Natural Resources correspondence
• Minnesota State Historic Preservation Office correspondence
• Phase 1 and Phase II Environmental Site Assessment
• Report of Geotechnical Exploration and Review
Based on the review of other studies and this EAW, along with comments from the reviewing
agencies and members of the public, the City of Medina finds that there are no elements of
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the Project that pose the potential for significant environmental effects that cannot be
addressed in the Project design and permit development processes, or by local plans. Based
on the environmental review, the City of Medina finds that the environmental effects of the
proposed Project that are reasonably expected to occur can be anticipated and controlled.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, that the environmental review requirements of Minnesota
Statutes and the Minnesota Environmental Quality Board Environmental Review Program have
been met by the Environmental Assessment Worksheet prepared for this Project. The potential
for environmental effects is not considered significant, and, therefore, an Environmental Impact
Statement is not needed.
Dated: August 17, 2010.
T.M. Crosby, Jr., Mayor
ATTEST:
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Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Johnson
and upon vote being taken thereon, the following voted in favor thereof:
Crosby, Weir, Johnson, Siitari, Smith
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2010-56 4
August 17, 2010