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HomeMy WebLinkAbout14-074(Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 14-74 A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the City of Lakeville prepared an Environmental Assessment Worksheet (EAW) for the proposed Berres Ridge residential development project pursuant to Minnesota Rules 4410; and WHEREAS, the City authorized the distribution of the EAW for the required 30 -day comment period; and WHEREAS, the 30 -day comment period has ended on August 6,2014; and WHEREAS, the preparation of the Berres Ridge EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Berres Ridge development is expected to comply with all the City of Lakeville and review agency standards; and WHEREAS, based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. CITY OF LAKEVILLE ExhibitA In the matter of the Decision on the Need for FINDINGS OF FACT AND an Environmental Impact CONCLUSIONS Statement (EIS) for Berres Heights in Lakeville, MN The Berres Heights project is a residential development of 372 single family lots of which 262 lots are RS- 3 zoning and 110 lots south of 2001h Street are proposed to be RS -4 zoning on a total site area of 151.92 acres adjacent to CSAH 50 east of Highview Avenue. Pursuant to Minnesota Rules 4410.4300, subp. 19, an Environmental Assessment Worksheet (EAW) was been prepared 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 written comments received, the City of Lakeville makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. PROJECT DESCRIPTION A. Project The proposed project involves grading and construction on 151 acres to construct 372 single family homes. The project is anticipated to remove 8 acres of wooded area and convert 134 acres of agricultural area to developed area. Approximately 45 acres of impervious surface area and 6 acres of storm water ponding will be developed. B. Project Site The project site is located south of 2001h Street, north of CSAH 50, and east of Highview Avenue. The site currently contains approximately 10 acres of woodland, 134 acres of cropland, 4.7 acres of lawn, and 3 acres of impervious surface. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota Rules 4410.4300 subp. 19- Residential Development. B. This EAW dated May 2014 was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties for the July 7, 2014 EQB Monitor. August 26, 2014 G: (Kris JensonlBerres RidgeIEAWTOF 082614.doc Page I of 5 C. A public notice containing information about the availability of the EAW for public review was published in the local paper on June 20, 2014. D. The EAW was noticed in the July 7, 2014 EQB Monitor. The public comment period ended August 6, 2014. Comments were received from Dakota County, MDH, Met Council, DNR, and PCA. The comment letters and responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota Rules 4410.1700, subp.1 states "an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects, the City of Lakeville must consider the four factors set out in Minnesota Rules 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 must consider is "type, extent and reversibility of environmental effects", Minnesota Rules 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Water Consumption: Water will be supplied by the City's water system. Additional watermain construction, in conformance with the City's Comprehensive Plan, will need to be completed with this development. b. Wastewater Generation: Normal domestic sewage will be generated by this project. The sewage loading will be 0.0882 MGD for ultimate development. Wastewater will be treated at the Empire Sewage Treatment Plant. The Plant has the capacity to accept this waste. c. Storm Water: The project is anticipated to generate additional storm water runoff due to development of this site. Storm water will be required to be treated to meet City and VRWJPO standards. Storm water ponds will not be allowed within the buffers of the drainageways on the site. August 26, 2014 G: (Kris Jenson Werres RidgeIEAWIFOF 082614.doc Page 2 of 5 Constructing a storm water management system in conformance with these rules will mitigate storm water impacts. Development will also be required to meet NPDES standards. It is also noted that the project is within 1 mile of impaired waters - Middle Creek and South Creek. Storm water management will also need to take these water bodies into account and meet NPDES requirements. d. Wildlife: Information indicates that the Blandings turtle may be located within 1 mile of the project area. The project will incorporate surmountable curbs and native vegetation plantings in open areas. e. Traffic: The development will generate additional traffic in the area. The mitigation measures outlined in the EAW will mitigate the impacts of this additional traffic. Additional coordination with the County will continue to address road improvements on county roads. 2. The extent and reversibility of environmental impacts are consistent with those of limited (light) industrial development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects", Minnesota Rules 4410.1700 subp.7.13. The City's findings with respect to this factor are set forth below. Currently there is no known planned development immediately adjacent to the site. However, the area is likely to develop based on zoning and increased interest in the development market. If additional development is proposed in the area, additional environmental review may be needed for those other projects. 2. Traffic is anticipated to increase in the area. Improvements to CSAH 50/202nd Street as well as 200th Street will be needed C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY August 26, 2014 G: (Kris Jenson lBerres Ridge EAWTOF_082614.doc Page 3 of 5 1. The following permits or approvals will be required for the project: Lakeville Comprehensive Plan Amendment Lakeville Rezoning Lakeville Preliminary Plat Lakeville Final Plat Lakeville Building Permit Lakeville Grading permit MPCA NPDES permit MPCA Sanitary sewer extension Met Council Comprehensive Plan Amendment Met Council Sanitary sewer extension MDH Watermain extension MDH Well sealing permit Dakota County Access permit Dakota County Plat commission VRWJPO Plan approval 2. The City finds that the potential environmental impacts of the project are subject to mitigation by ongoing regulatory authorities such that 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, INCLUDING OTHER EIS's. 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 August 26, 2014 G: (Kris Jenson Werres RidgeTAWTOF_082614.doc Page 4 of 5 proposer, including other EIS's" Minnesota Rules 4700.1700, subp. 7.1). The City's findings with respect to this factor are set forth below: The proposed project is subject to the following plans prepared by the City: • City of Lakeville Comprehensive Plan • City of Lakeville Water Plan • City of Lakeville Sanitary Sewer Plan • City of Lakeville Water Resource Management Plan • City of Lakeville Transportation Plan • South Creek Management Plan • Vermillion River Watershed JPO Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. CONCLUSIONS The preparation of the Berres Heights EAW and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects. The EAW has identified areas where the potential for environmental effects exist, but appropriate measures have or will be incorporated into the project plans and/or permits to mitigate these effects. The project is anticipated to comply with all City of Lakeville standards and review agency standards. Based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. August 26, 2014 G-Wris Jenson lBerres Ridge EAWIFOF 082614.doc Page 5 of S NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville hereby determines that an Environmental Impact Statement (EIS) is not required; and BE IT FURTHER RESOLVED, that the Findings of Fact (Exhibit A) are hereby adopted. DATED this 2"d day of September, 2014. Charlene Friedges, Od CITY OF LAKEVILLE Matf Little, hKayor