HomeMy WebLinkAboutResolution No. 190-04 r y
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RESOLUTION
WHEREAS, the laws of the State of Minnesota require that an environmental assessment
worksheet (EAW) be prepared whenever a proposed development project exceeds a mandatory
EAW category for a mixed residential and industrial-commercial project (Minnesota Rules
4410.4300, subps. 32); and,
WHEREAS, a certain development which is planned and under construction, known as
Willow Creek Commons Development within the City of Rochester, meets the criterion
established for preparation of an EAW; and,
WHEREAS, an EAW was prepared for the Willow Creek Commons 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 March 31, 2004, and during such period four
written comments were received; and,
• WHEREAS, the Common Council is required by law to make a finding on the adequacy
of the EAW and to determine whether an environmental impact statement should be prepared.
.WHEREAS, the Common Council met at a regularly scheduled meeting on April 19,
2004, 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 Willow Creek Commons
Development:
1. 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, floodplain management 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. The floodplain on the
property requires further investigation and is subject to existing regulations and
is appropriate permits will need to be obtained for any proposed impacts.
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2. The anticipated cumulative loss of agricultural lands 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 uses. The more efficient use of land for development-purposes where
increased densities can be realized because of sewer and water availability is,
expected to help conserve truly prime agricultural areas.
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 grater quality
of runoff will be controlled by -the installation of temporary and/or permanent
stormwater detention ponds. Regional storm water ponds are planned in the
immediate areas. The Rochester Zoning Ordinance and Land Development
Manual provides 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, which is capable of accepting the
estimated amounts of wastewater generated by this project.
4. Dust and noise which will be generated because of the construction of this
• project will be no more than typical for other residential or, commercial
development. The City of Rochester has a noise ordinance, which will protect
area residents from unreasonable noise from 10:00 p.m. to 7:00 a.m. Methods
for controlling dust will need to be implemented by the developer. Detailed
grading and drainage .plans will need to be approved by the City prior to
construction and will need to incorporate erosion control measures.
5. This property is within the City of Rochester 25-year Urban Service Area
according to the Olmsted County Land Use Plan. Cumulative effects of
development within the Urban Service Area will include the loss of prime
farmland and wildlife habitat. The loss of terrestrial habitat and prime farmland
caused by this development should actually help the efforts to retain more
significant habitats and farmlands in less developed areas of the County by
removing residential pressures and concentrating them in planned areas where
the density of development creates a more efficient use of land.
BE IT FURTHER RESOLVED that based on the findings above, the Common Council
has determined that the development known as Willow Creek Commons Development does not
have the potential for significant environmental effects and that preparation of an environmental
impact statement is not mandated in this instance.
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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.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS / DAY OF *,*-e , 2004.
F8tSIDENT OF SAID COMMON COUNCIL
ATTEST: 7
CITY CLERK
APPROVED THIS 297H DAY OF /,491& 12004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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