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HomeMy WebLinkAbout11-051CITY OF LAKEVILLE RESOLUTION NO. 11 -51 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the preparation of the Airlake 70 Industrial Park 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 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 Airlake 70 Industrial Park project is expected to comply with all the City of Lakeville and review agency standards; and WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, attached hereto as exhibit "A" and incorporated herein, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the City of Lakeville has determined that an Environmental Impact Statement is not required. DATED this 16 day of May, 2011. Mark Bellows, Mayor ATTEST: Charlene Friedges, City C rk C.-Documents and Settingslcfriedgeslocal Settingsl Temporary Internet FilesIOLKWResohltion Neg Dec 5 16 11 (5).doc STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 11 -51 is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of May, 2011, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) C.-Documents and Settingslcfriedgeslocal Settings7emporary Internet FtlesIOLK601Resokaion Neg Dec 51611.doc EXHIBIT A CITY OF LAKEVILLE In the matter of the Decision on the Need for an Environmental Impact FINDINGS OF FACT AND Statement (EIS) for the CONCLUSIONS Airlake 70 Industrial Park in Lakeville, MN The City of Lakeville has prepared an EAW for an industrial /warehouse development on a 66 acre agricultural parcel in the southeast corner of the City of Lakeville. Development in this area has the potential to provide up to 916,000 square feet of industrial /warehouse space. Pursuant to Minnesota R. 4410.4300, subp. 14, an Environmental Assessment Worksheet (EAW) has 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 I. PROJECT DESCRIPTION A. Project The proposed project involves grading up to 66 acres to construct streets, utilities, buildings, and storm water management features. Construction of the extension of 215th Street to serve the development is also proposed. B. Project Site The project is located east of the intersection of Cedar Avenue (CSAH 23) and 215th Street (CSAH 70). The site currently is agricultural land and has been in agricultural production since 1937. The site contains approximately 1.2 acres of regulated wetland, 1.5 acres of exempt wetland, 2.0 acres of wooded /gravel pit ponds, and 61.4 acres of cropland. H. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300 subp. 14. B. This EAW dated February 22, 2011 was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on March 14, 2011. May 11, 2011 C. and Settings lcfriedges local Settings l Temporary Internet FilesDLK60TOF- Page 1 of 6 EXHIBIT A C. A public notice containing information about the availability of the EAW for public review was published in Thisweek - Farmington - Lakeville on March 24,2011. D. The EAW was noticed in the March 21, 2011 EQB Monitor. The public comment period ended April 20, 2011. Comments were received from the Metropolitan Council, Dakota County, Department of Natural Resources, Pollution Control Agency, US Corps of Engineers, and Metropolitan Airports Commission. Copies of these letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota R. 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 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 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. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Water Consumption: This development is anticipated to use approximately 39,423 GPD of water upon full development. The City has sufficient water system supply to accommodate this development. b. Wastewater Generation: This development is anticipated to generate approximately 39,423 GPD of wastewater upon full development. All wastewater generated from this site will be conveyed via the City's sanitary sewer system to the MCES Empire Treatment Plan. This system has the capacity to treat this wastewater. May 11, 2011 C. and Settingslcfriedgeslocal Settings l Temporary Internet Files DLK60WOF- Page 2 of 6 EXHIBIT A c. Storm Water: The project is anticipated to generate additional storm water runoff. This runoff will be treated within a series of on -site facilities. The design of the on -site storm water management system is required to meet the City's requirements in the Water Resource Management Plan, the City's South Creek Management Plan, and MPCA's requirements per the NPDES permit. d. Wetlands: Approximately 1.5 acres of wetland impacts are proposed with the construction of this project. Wetland permitting will address wetland impact avoidance, minimization, and mitigation. e. Traffic: The development will generate additional traffic in the area. Based on the traffic study, additional improvements are proposed to provide mitigation for traffic impacts. 2. The extent and reversibility of environmental impacts are consistent with those of light industrial and warehouse uses. 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 R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. The area surrounding the Airlake 70 Industrial Park includes agricultural uses and industrial uses. The project area and the nearby surroundings are designated as Industrial in the City's Comprehensive Land Use Plan and is zoned I -2, General Industrial District. The City has anticipated and planned for industrial and warehouse development to occur in the area and the surrounding area. The City's Comprehensive Planning process has taken potential infrastructure impacts into account and provided plans to accommodate this type of development. Future projects are anticipated near the project area as part of the City's general planning efforts, but no specific projects have been proposed at this time. May 11, 2011 C. and Settings lcfriedges local Settings l Temporary Internet FilesDLK601FOF- Page 3 of 6 EXHIBIT A C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project, if needed: Unit o Tvne of&vlication I Status Government Federal Aviation Obstruction Evaluation / Notice of pending Administration (FAA) Proposed Construction or Alteration Application 7460 -1 Army Corps of Section 404 Permit - Wetland Permit Pending - Engineers Application Federal Emergency Management Letter of Map Revision (LOMR) Pending n,.,,__..rVCAR Al Application Minnesota Department Watermain Extension Permit Pending of Health (MDH) Application National Pollutant Discharge Pending Minnesota Pollution Elimination System (NPDES) Application Control Agency Permit (s (MPCA) Pending Sanitary Sewer Extension Permit Application Minnesota Department of Natural Resources Dewatering Permit Pending Application (DNRI Plat Approval Pending Application Dakota County Access Permit Pending Application Work In Right -Of -Way Pending Application Metropolitan Council Pending Environmental Sanitary Sewer Extension Review Application Services Mid - American Pipeline Encroachment Agreement Pending May 11, 2011 C. and Settings lcfriedges local Settings l Temporary Internet FilesDLKMF0E- Page 4 of 6 EXHIBIT A 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 proposer, including other EIS's" Minnesota R. 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 Comprehensive Water Supply Plan May 11, 2011 C. and Settings lcfriedgeslocal Settings I Temporary Internet FilesDLK60TOF- Page 5 of 6 Application Vermillion River Joint Project Review Pending Powers Organization Application 70 Environmental Assessment Under review Worksheet Sketch Plan Review Under review Preliminary and Final Plat Pending Application Development Agreement Pending Application Construction Permits Pending Application City of Lakeville Building Permits Pending Application Stormwater Management Plan Pending Application Conditional Use - Shoreland District Pending Application Wetland Conservation Act Approval Pending Application 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 proposer, including other EIS's" Minnesota R. 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 Comprehensive Water Supply Plan May 11, 2011 C. and Settings lcfriedgeslocal Settings I Temporary Internet FilesDLK60TOF- Page 5 of 6 EXHIBIT A • City of Lakeville Comprehensive Sanitary Sewer Plan • City of Lakeville Water Resource Management Plan • City of Lakeville Transportation Plan • City of Lakeville Wetland Management Plan • South Creek Management Plan • Vermillion River Joint Powers Organization Standards 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 Airlake 70 Industrial Park EAW and comments received on the EAW have generated information adequate to determine whether the proposed facility 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 plan 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 R. 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. May 11, 2011 C. and Settings lcfriedgeslocal Settings l Temporary Internet FilesIOLK60TOF- Page 6 of 6