HomeMy WebLinkAboutItem 06.k
Date: Item No.
CEDAR HILLS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution issuing a
negative declaration of need and adopt the findings of fact for the Cedar Hills Environmental
Assessment Worksheet (EAW).
Approval of this motion will result in the City notifying the State Environmental Quality Board
(EQB) and the review agencies that the City has approved the EAW and has provided a negative
declaration on the need for an Environmental Impact Statement.
Overview
Westwood, on behalf of GreenKey Real Estate Group, is proposing the Cedar Hills development,
which includes 155 detached townhomes, 82 twinhomes, and 136 single family homes on
approximately 160 acres located east of Cedar Avenue (CSAH 23) and south of 200th Street (CR
64). The proposed uses are consistent with the 2040 Land Use plan.
The City Council authorized distribution of the EAW on November 4, 2019 and the comment
period ended on December 11, 2019. Comments were received from 10 agencies and a response to
those comments is attached.
Primary Issues to Consider
Were there any significant environmental issues identified as a result of the Cedar Hills EAW? No
significant issues were identified that could not be addressed in the development plans for the site.
Supporting Information
• Resolution issuing a negative declaration of need.
• Findings of Fact (Record of Decision)
• Response to comments on the Cedar Hills EAW.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Associate Planner
January 6, 2020
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ______
A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR AN
ENVIRONMENTAL IMPACT STATEMENT FOR THE CEDAR HILLS RESIDENTIAL PROJECT
WHEREAS, the City of Lakeville is the Responsible Government Unit (RGU) for the
Environmental Assessment Worksheet (EAW) for the Cedar Hills project pursuant to
Minnesota Rules 4410; and
WHEREAS, the EAW was distributed to the agencies and public for the required 30-day
comment period on November 11, 2019; and
WHEREAS, the 30-day comment period ended on December 11, 2019; and
WHEREAS, the preparation of the 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 Cedar Hills development is expected to comply with all of 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.
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.
ADOPTED by the Lakeville City Council this this 6th day of January, 2020.
CITY OF LAKEVILLE
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__________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
RECORD OF DECISION
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000
CEDAR HILLS RESIDENTIAL DEVELOPMENT
EAW
For:
CITY OF LAKEVILLE
December 20, 2019
Prepared by:
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000
TABLE OF CONTENTS
I. ADMINISTRATIVE BACKGROUND ............................................................................. 1
II. FINDINGS OF FACT AND CONCLUSIONS ................................................................. 1
A. PROJECT DESCRIPTION .............................................................................................. 1
B. PROJECT HISTORY ........................................................................................................ 1
C. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS. ............................................................................................. 2
D. CONCLUSIONS ............................................................................................................... 5
III. AGENCY COMMENTS AND CITY OF LAKEVILLE RESPONSES ....................... 5
APPENDIX A – Comment Letters and Responses
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000 PAGE 1
I. ADMINISTRATIVE BACKGROUND
Pursuant to Minnesota Rule 4410.4300, the City of Lakeville has prepared an Environmental
Assessment Worksheet (EAW) for the proposed Cedar Hills Residential Development (Project).
This Record of Decision addresses the State of Minnesota environmental review requirements as
established in Minnesota Rule 4410.1700. The City of Lakeville is the project proposer and the
Responsible Governmental Unit (RGU).
The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for
review and comments to the required EAW distribution list. A Notice of Availability for the initial
EAW was published in the EQB Monitor on November 11, 2019. A public notice was published
on the City of Lakeville Website and in the Sun ThisWeek newspaper on November 8, 2019.
The public comment period ended December 11, 2019. Comments were received from the
Vermillion River Watershed Joint Powers Organization (VRWJPO), Minnesota Pollution Control
Agency (MPCA), Metropolitan Council, Minnesota Department of Natural Resources (DNR),
Farmington Area Public Schools, City of Farmington, Minnesota Department of Administration
– State Historic Preservation Office (SHPO), US Army Corps of Engineers (USACE), Minnesota
Department of Transportation (MnDOT),and Dakota County. All comments were considered in
determining the potential for significant environmental impacts. Summaries of the comments
received and the City of Lakeville responses to those comments are provided in Appendix A.
II. FINDINGS OF FACT AND CONCLUSIONS
As to the need for an Environmental Impact Statement (EIS) on this project and based on the
record in this matter, including the EAW and comments received, the City of Lakeville makes the
following Findings of Fact and Conclusions:
A. PROJECT DESCRIPTION
Green Key Real Estate Group is proposing residential development on 160 acres of land in
the southeastern portion of Lakeville. The project includes 82 twin homes, 155 villa homes,
and 136 single-family homes. Approximately 44 acres of open space are also planned,
including parks, buffers, woodlands, and stormwater basins.
B. PROJECT HISTORY
• The project was subject to a mandatory EAW per Minnesota Rule 4410.4300 Subpart
19.D – Residential Development.
• The EAW was distributed to the EQB and to the EQB mailing list the week of
November 4, 2019.
• A public notice containing information about the availability of the EAW for public
review was published in the Sun ThisWeek newspaper on November 8, 2019.
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000 PAGE 2
• Hard copies of the EAW were provided for public review at City of Lakeville City Hall
and the Environmental Conservation Library. An electronic copy of the EAW was
available on the City’s website.
• A notice was published for the EAW in the November 11, 2019 EQB Monitor. The
public comment period ended December 11, 2019. Comments were received from
VRWJPO, MPCA, Metropolitan Council, DNR, Farmington Area Public Schools, City
of Farmington, SHPO, USACE, MnDOT, and Dakota County. Copies of these
comment letters are hereby incorporated for reference and included in Appendix A.
C. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS.
Minnesota Rule 4410.1700, subp. 1, states “An EIS [Environmental Impact Statement] shall
be ordered for projects that have the potential for significant environmental effects.” In
deciding whether a project has the potential for significant environmental effects, the City
of Lakeville must consider the four factors set out in Minnesota Rule 4410.1700, subp. 7.
With respect to each of these factors, the City of Lakeville finds the following:
1. MINNESOTA RULE 4410.1700, SUBP. 7.A – TYPE, EXTENT, AND REVERSIBILITY
OF ENVIRONMENTAL EFFECTS
a. The type of environmental impacts and mitigation efforts anticipated as part of this
project include:
Soil Disturbance: The project will involve soil disturbance. A National Pollutant
Discharge Elimination System (NPDES) permit will be required and erosion
control best management practices (BMPs) such as silt fence, inlet protection, and
a stabilized construction entrance will be in place during construction to reduce
sedimentation and prevent erosion from the site. The project will also be required
to meet City and VRWJPO standards.
Water Quality and Quantity: The project will result in an increase in impervious
surface. Stormwater quality, quantity, and rate control treatment will be required
per City, VRWJPO, and NPDES standards. The comments on the EAW also
indicated that groundwater may be near the surface and that this may result in
difficulties with volume control. This will be reviewed during the permitting
process.
Comments received on the EAW also indicate that South Creek (07040001-527) is
impaired for aquatic recreation and aquatic life downstream of the project area. The
project will be required to meet stormwater management requirements that pertain
to this impaired water. Additionally, a VRWJPO water quality corridor begins
across the property line and municipal boundary in Farmington to the east.
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000 PAGE 3
Intercommunity flow requirements will also need to be reviewed as part of
permitting. Stormwater management will need to consider rate control design.
Wastewater: Wastewater will be treated at the Empire Treatment Facility. The
project anticipates generating a maximum of 37.3 million gallons per year. Flow
rates and further wastewater design will be reviewed during the permitting process.
The treatment plant has capacity to accommodate this project.
Municipal Water: Water will be supplied to the project via the City’s municipal
water supply system. Water facilities will be extended for the site from a future 8 to
12-inch trunk water line located along Cedar Avenue, extending east along 202nd
Street West through the project area. The City’s water system is adequate to supply
the project.
Wetlands: Approximately one acre of wetland will be impacted with the project.
Wetland impacts related to fill or hydrologic alteration will continue to be reviewed
through the permitting process. Unavoidable impacts will be required to be
mitigated pursuant to state and federal rules.
Fish and Wildlife: Drainage areas to the south along South Creek are designated
trout streams. A VRWJPO water quality corridor begins across the property line
and municipal boundary in Farmington. Stormwater management may need to
consider the trout stream designation.
Noise: During construction, noise levels will temporarily increase. Construction
equipment will not be operated between the hours of 10:00pm and 7:00am. Planned
berming and landscaping within and adjacent to project boundaries will help to
minimize and mitigate the effect of anticipated negligible noise following
construction.
Transportation: The project is anticipated to increase traffic in the area. The traffic
study and EAW outline mitigation measures to address traffic. Additionally, the
Cities of Lakeville and Farmington are coordinating related to traffic mitigation
across the cities’ boundaries.
The extent and reversibility of environmental impacts for the proposed project are
consistent with those of a typical residential project. Impacts will be minimized to the
extent practical, with regulatory approvals and/or mitigation required for those impacts
which cannot be avoided.
2. MINNESOTA RULE 4410.1700, SUBP. 7.B – CUMULATIVE POTENTIAL EFFECTS
OF RELATED OR ANTICIPATED FUTURE PROJECTS
The City is not aware of any other specific foreseeable future projects that would result in
cumulative effects from this project. The City’s Comprehensive Plan has anticipated future
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000 PAGE 4
land uses adjacent to the area and these areas may develop, but there are no specific
foreseeable future projects.
3. MINNESOTA RULE 4410.1700, SUBP. 7.C – THE EXTENT TO WHICH
ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING
PUBLIC REGULATORY AUTHORITY
a) The following permits or approvals will be required for the project:
Unit of Government Type of Application Status
City of Lakeville Concept Plan Approval In process
City of Lakeville Rezoning Application In process
City of Lakeville Preliminary Plat Application In process
City of Lakeville Final Plat Approval To be applied for
City of Lakeville EAW Process Completed
City of Lakeville Grading Permit To be applied for
City of Lakeville Building Permit To be applied for
City of Lakeville Electrical Permit To be applied for
City of Lakeville Electrical Utility Affidavit To be applied for
City of Lakeville Plumbing Permit To be applied for
City of Lakeville Mechanical Permit To be applied for
City of Lakeville Wetland Delineation Confirmation Update in process
City of Lakeville Wetland Conservation Act Permit To be applied for
City of Lakeville
Stormwater Management Review
and Vermillion River Watershed
Joint Powers Organization
Coordination
To be applied for
Dakota County Right-of-Way Permit To be applied for
Dakota County Access Permit To be applied for
Dakota County Obstruction Permit To be applied for (if needed)
Dakota County Utility Permit To be applied for (if needed)
Metropolitan Council Sanitary Sewer Connection Permit To be applied for
MN Dept of Health Water Main Extension Approval To be applied for
MN DNR Division of
Waters Appropriation/Dewatering Permit To be applied for (if needed)
MN Pollution Control
Agency Sanitary Sewer Extension Approval To be applied for
MN Pollution Control
Agency NPDES/SDS General Permit
Covered under general permit;
submit NOI prior to
construction. May required a
30-day review by MPCA.
MN Pollution Control
Agency
Section 401 Water Quality
Certification
Anticipated to be covered
under the US COE permit
CEDAR HILLS EAW RECORD OF DECISION
CITY OF LAKEVILLE, MN
WSB PROJECT NO. 014659-000 PAGE 5
b) The City of Lakeville finds that the potential impacts identified as part of the project
can be addressed through the regulatory agencies as part of the permitting process.
4. MINNESOTA RULE 4410.1700, SUBP. 7.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.
The City finds:
1. The proposed project includes various measures to reduce impacts to the
environment and existing natural resources.
2. The project is subject to local, regional, state, and federal requirements.
3. The project proposer will be required to secure all necessary permits and will adhere
to all requirements of the permits.
4. Considering the results of environmental review and permitting processes for
similar projects, the City of Lakeville finds that the environmental effects of the
project can be adequately anticipated, controlled, and mitigated.
D. CONCLUSIONS
The Cedar Hills EAW and comments received have generated information adequate to
determine that the proposed project does not have the potential for significant
environmental effects.
The EAW has identified areas where the potential for environmental effects exist, but
appropriate mitigation measures can be incorporated into the project plans and the
required approvals and permits to mitigate these effects will be obtained. The project will
comply with all local, county, and federal review agency requirements.
Based on the criteria established in Minnesota Rule 4410.1700, and the Findings of Fact
and Conclusions, the project does not have the potential for significant environmental
effects to trigger the need for an Environmental Impact Statement (EIS). Therefore, an EIS
is not required for the Cedar Hills project.
III. AGENCY COMMENTS AND CITY OF LAKEVILLE RESPONSES
A 30-day comment period for the EAW ended on December 11, 2019. Comments were received
from the VRWJPO, MPCA, Metropolitan Council, DNR, Farmington Area Public Schools, City of
Farmington, SHPO, USACE, MnDOT, and Dakota County. Responses are provided in Appendix
A.
U. S. Army Corps of
Engineers Section 404 Clean Water Act Permit To be applied for
1
Comments Response
1. As the project proposer moves forward with more
detailed development plans, it is anticipated that
grading and dewatering will be further reviewed. It is
the City’s understanding that the developer is aiming
to minimize import and export as well as the need for
dewatering. If dewatering is determined to be
necessary, the developer will be required to obtain
the necessary permits.
2. See response to #1.
3. Comment noted.
4. Comment noted.
5. The comment regarding the downstream trout
stream and the water quality corridor are noted and
included in the Findings of Fact. The developer will
be required to meet VRWJPO standards for
stormwater management and these downstream
resources will be included in the review once
engineering plans are submitted for review and
permitting.
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4
3
2
1
2
Comments Response
6. This comment is noted and corrected in the Findings
of Fact document. The information used in the EAW
appeared to be accurate based on the desktop
information obtained from both the PCA and
VRWJPO at the time the EAW was prepared.
7. The project proposer will further evaluate volume
control options including stormwater reuse and
filtration basins to supplement the required
stormwater management on the site. The proposer
will work with the local governing agency to amend
the plan as necessary. The design can be further
reviewed in the permitting stage and this comment is
noted in the Findings of Fact.
8. See response to #7.
9. Comment noted and included in the Findings of Fact
to be reviewed during permitting.
10. Comment noted.
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7
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00
3
Comments Response
11. See previous responses.
12. The project will need to comply with the WCA
and this will be reviewed via the City as the Local
Government Unit (LGU) and the Technical
Evaluation Panel (TEP).
13. See response to #12.
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1. Comment noted and included in the Findings of
Fact.
2. The average daily flow and peak flows, as well as
design flows per development type are outlined
below.
The estimates for projected sewer flows were
calculated in two different ways to provide a range.
Sewer flows were conservatively estimated using the
SAC number of 274 times the number of units. Flows
were also calculated using estimated numbers of
occupants per dwelling unit by 100 gallons per day (an
accepted water use estimate per occupant). The
numbers returned were within approximately 2,600
gallons per day, adding confidence that the sewer flows
are manageable for the infrastructure and systems
currently in place and proposed.
A map is attached showing the interceptor sewers and
the wastewater treatment plant location.
The appropriate sections of the 2018 city of Lakeville
Sanitary Sewer Collection System Comprehensive Plan
are included with these responses. Wastewater from
the project will flow to the south through M649.
Existing flow through M649 is 2.171 MGD, with a future
flow projection of 3.895 MGD. Wastewater will also
flow to the north into Farmington to the Flagstaff
interceptor (District 4-1). Average flows in District 4-1
are listed at 0.069 MGD, with a total average design
capacity flow of 0.276 MGD.
3. Comment noted. Information used in the EAW was
the information available website information. This
will be noted in the Findings of Fact.
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3
1
5
Comments Response
4. Comment noted. The developer will be required to
meet all applicable permit requirements.
5. See response to #4.
6. See response to #4.
7. Comment noted.
8. Comment noted. 5
4
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7
8
6
Comments Response
1. City staff will work with Met Council to adjust TAZ
allocations as needed.
2. Comment noted.
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2
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Comments Response
3. Comment noted. This permit is listed in Item
8 of the EAW.
4. Comment noted. Additional review of the
stormwater plan will occur when development
plans are submitted for permitting.
5. Comment noted.
6. Comment noted.
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4
5
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Comments Response
9
Comments Response
1. Comment noted.
2. Comment noted and added to the Findings of
Fact.
3. Comment noted and this will be reviewed
when development plans are submitted for
review and permitting. The developer will be
required to meet required regulations.
4. Comment noted.
5. See response to #3.
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2
3
4
5
10
Comments Response
11
Comments Response
1. Comment noted and will be shared with the
developer and reviewed as part of the
development review process. The City will
work with the Developer and the City of
Farmington to design the site to allow for the
proposed roadway connection on the High
School Property.
2. Comment noted.
3. The City will work with the Developer to allow
for the construction and extension of 202nd
Street to the east plat boundary by 2021. The
construction of 202nd Street will be completed
through a development agreement between
the Developer/City of Lakeville. Timing of the
improvements will be dependent on the
Developer proceeding with plat approvals
(market driven); however, it is the City’s intent
to require the extension of 202nd Street to the
City of Farmington with the second phase of
development (as currently proposed by the
Developer).
4. The City agrees. See Comment 3. We will
continue to coordinate with the Developer to
ensure the appropriate design.
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3
2
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Comments Response
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Comments Response
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Comments Response
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Comments Response
1. Comments noted.
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Comments Response
1. Comments noted.
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Comments Response
1. Comments noted.
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Comments Response
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Comments Response
1. Comment noted.
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20
Comments Response
1. Comment noted.
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