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HomeMy WebLinkAboutResolution No. 411-05 11/ -Do Vr-.... -�.--,— ..w..r:.....w..,.....e.....a.+........u...s........u� . S�.rnv.=.l.uio.l..n.�vn..ts ' ..a..u.+ xiac.... 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 Mills Fleet Farm within the City of Rochester meets the criterion established for preparation of an EAW; and, WHEREAS, an EAW was prepared for the Mills Fleet Farm 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 May 25, 2005, 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 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 August 15, 2005, 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 Hart Farm South 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 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, buffers, maximum noise and lighting as well as floor area ratio. is 2. 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 stormwater detention ponds. Regional storm water ponds are planned in the immediate area. 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. 3. 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 for development. When increased densities can be realized because of sewer and water availability, it is expected to help conserve truly prime agricultural areas. Detailed grading and drainage plans will need to be approved by the City prior to construction and will need to meet engineering standards and incorporate erosion control measures. 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 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 Mills Fleet Farm Development does not have the potential for significant environmental effects and that preparation of an environmental impact statement is not mandated in this instance. • 2 . 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 I D OF t6 , 2005. ?RESIDENT OF SAID COMMON COUNCIL ATTEST: CXPLI18 CI ER APPROVED THIS 1 DAY OF , 2005. MAYOR OF SAID CITY • (Seal of the City of Rochester, Minnesota) ZoneMEaw-eis.need.fleet farm • 3