HomeMy WebLinkAboutResolution No. 306-11 •
RESOLUTION
WHEREAS, the laws of the State of Minnesota require that an environmental assessment
worksheet (EAW) be prepared whenever a proposed development project results in the
permanent conversion of 80 or more acres of agricultural land to a more intensive use
(Minnesota Rules 4410.4300, subp. 36); and,
WHEREAS, a certain development which is planned and under construction, known as
Northwest Commercial Center Development within the City of Rochester meets the criterion
established for preparation of an EAW; and,
WHEREAS, an EAW was prepared for the Northwest Commercial Center Development
and reviewed by the staff of the Planning and Zoning Department of Olmsted County, and the
draft document was circulated for comments to the required State and Federal agencies, as
provided by law: and,
WHEREAS, notice of availability of the EAW was published in the EQB MONITOR and
the thirty day period comment period expired on June 1, 2011, and during such period two
written comments were received; and,
WHEREAS, the Common Council is required by law to make a finding on the adequacy
Sof the EAW and to determine whether an environmental impact statement should be prepared.
WHEREAS, the Common Council met at a regularly scheduled meeting on June 20,
2011, and considered the EAW, the reports of its staff, and the comments received from the
parties as noted above.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester, that the Common Council makes the following FINDINGS with regard to the
environmental impact of the proposed development to be known as Northwest Commercial
Center Development:
1. There have been no major environmental effects identified by the applicant, City of
Rochester, or referral agencies that is of a type or that has a degree of impact that
is not covered by existing state rules or city ordinances and plans. The anticipated
environmental effects of this project are found to be similar to those experienced
with other development in the City of Rochester. There are a number of policies
and plans adopted by the City of Rochester that require detailed local review of
traffic, storm water management and water quality, wetland, and other issues
when a development is proposed. In addition, the Rochester Zoning Ordinance.
and Land Development Manual includes regulations for minimum open space,
• setbacks and buffers, maximum noise and lighting, as well as floor area ratio.
2. The location of the project is within the Rochester Urban Service Area under the
Olmsted County General Land Use Plan and the Rochester Urban Service Area
Land use Plan, thereby focusing urban development to specifically identified parts
of the county based on adopted city and county policies. The anticipated
cumulative loss of agricultural lands and wildlife habitat within the urban service
area of the City of Rochester (where sewer and water service is available) to urban
land uses is an anticipated effect of the orderly growth of the City. Land use
policies direct development to growth centers such as Rochester to reduce the
pressure on agricultural lands in the outlying area to be converted to residential
and commercial purposes where increased densities can be realized because of
sewer and water availability is expected to help conserve prime agricultural and
wildlife areas outside of the urban service area.
3. Water quality of surface waters from runoff or waste waters from the site should
not be significantly degraded because of this project. Erosion and water quality
of runoff will be controlled by the installation of temporary and/or permanent
stormwater detention ponds. The Rochester Zoning Ordinance and Land
Development Manual provide for an ongoing regulatory authority of the City over
erosion control practices. Wastewater from this project will be treated at the City
of Rochester Wastewater Treatment Plant.
4. An MPCA construction storm water permit will need to be obtained prior to
construction. The permit-required Storm Water Pollution Prevention Plan prepared
by the developer must be implemented by the construction contractor to prevent
off-site sediment loss. Once a grading plan is approved, staff from the City of
Rochester Public Works Department conducts on-site inspections to insure that
erosion and sediment control Best Management Practices are in place and
functioning. The design for the development must also meet the post-construction
standards set forth by the MPCA construction storm water permit and the City of
Rochester's storm water management plans.
BE IT FURTHER RESOLVED that based on the findings above, the Common Council
has determined that the development known as Northwest Commercial Center Development
does not have the potential for significant environmental effects and that preparation of an
environmental impact statement is not mandated in this instance.
BE IT FURTHER RESOLVED that nothing in this determination that the EAW is
adequate should be interpreted in any way to suggest that the City approves of the proposed
development.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ;ZDA - c-Z-11wt , 2011.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: �G�6
CI CLERK
APPROVED THIS 21 DAY OF C%6 , 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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