HomeMy WebLinkAboutResolution No. 215-05 # Y _ k t �_•�: • } r t t r 4 S �i s r
RESOLUTION
WHEREAS, the laws of the State of Minnesota allow citizens to file a petition with the
Environmental Quality Board (EQB) by which citizens can bring to the government's attention
those projects that may have the potential for significant environmental effects; and,
WHEREAS, the EQB has notified the Planning Department that a petition has been filed
regarding the Scenic Oaks Lakeview Development. The EQB has determined that the
Responsible Government Unit (RGU) is the Rochester Common Council; and,
WHEREAS, the Common Council has up to 30 working days to make a decision on the
need for an Environmental Assessment Worksheet and,
WHEREAS, the Common Council is required by law to consider all known evidence,
compare that evidence to the "there may be potential for significant environmental effects"
standard, and document the findings and decision in writing; and,
WHEREAS, the Common Council met at a regularly scheduled meeting on May 2, 2005,
and considered the petition, the reports of its staff and the comments made during the meeting.
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 petition
filed on the proposed development to be known as Scenic Oaks Lakeview:
1. A recently.completed EAW for an adjacent development known as Scenic Oaks
included the same general area of the City, including comments relevant to the
property proposed for the Scenic Oaks Lakeview development and the reservoir
site. With the exception of MnDOT, who had concerns about access to Highway
63 at 48th Street S.W., that has since been resolved by the construction of an
interchange at that location, none of the agencies commenting on the Scenic Oaks
General Development Plan identified environmental concerns. The Department of
Natural Resources' comment covered the area within one mile of Scenic Oaks,
including the reservoir site and the Scenic Oaks Lakeview site, and identified no
concerns.
2. The reservoir site includes important habitat for nesting and migratory birds.
Management of the reservoir site should be carried out in such a way as to
maintain multiple use of the site and preserve its habitat qualities. While the
Scenic Oaks Lakeview development is part of the overall urban development of
the area that affects use of the reservoir property has habitat, it is no different from
• abutting urban properties in that respect. Much of the mitigation of the impacts of
further urban development should take place on the reservoir property itself.
3. The use of the Scenic Oaks Lakeview site for urban development, and the style
and density of proposed development is consistent with the comprehensive plan.
The amount of disturbance is small and the mitigation previously committed should
adequately address the development's immediate impact.
4. The development review processes have the potential, working with the developer,
to increase the,area of undisturbed habitat at the reservoir property by strategies
that would meet the goals of human access to scenery while minimizing
disturbance of the wildlife. These approaches are facilitated by the fact that the
area adjacent to the reservoir is proposed for townhouse style development, which
means that the land use will already be under common management.
BE IT FURTHER RESOLVED that based on the findings above, the RGU has
determined that the development known as Scenic Oaks Lakeview does not warrant the
preparation of an environmental assessment worksheet.
BE IT FURTHER RESOLVED that the Common Council has directed the relevant City
departments to work with the developer to refine mitigation measures on the property by
realigning the trail system so that it minimally impacts nesting habitat, by minimizing other
impacts on the habitat and by designing the access road in such a way so as to protect the use
of the drainageway as a wildlife corridor.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS I&qh D OF —1Y?0 12005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: 0-&[O-U KI)aw
DtpL. CITY LER
APPROVED THIS )1+h DAY OF / , 2005.
MAYOR'OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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