HomeMy WebLinkAboutResolution No. 278-07 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
Hadley Creek Development within the City of Rochester meets the criterion established for
preparation of an EAW; and,
WHEREAS, an EAW was prepared for the Hadley Creek 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 6, 2007, and during such period five
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 June 18,
2007, 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 Hadley Creek 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 ordinance and plans. 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.
2. Water quality of surface waters — Hadley Valley Creek in this case — should not
be significantly degraded due to stormwater runoff from the site project. Erosion
. and water quality of runoff will be controlled by the installation of stormwater
detention ponds and sediment traps. Grading is limited to the valley and
• footslopes, and will not be required on the steep wooded hillside. The Rochester
Zoning Ordinance and Land Development Manual provides for an ongoing
regulatory authority of the City over erosion control practices. State rules
administered by the Minnesota Pollution Control Agency also require that pre
and post construction runoff and pollutants be controlled within the development.
Construction of proposed stormwater facilities and reconstruction of the Hadley
Creek floodplain with MNDNR approval will improve the stability of the bank of
Hadley Valley Creek.
3. The potential for groundwater contamination is controllable by the use of a
stormwater collection system which employs multiple stormwater basins as
compared to the existing unrestricted overland flow from the cropland and golf
center. Spills on the ground surface during construction are covered by state rules
while spills post-construction will have the potential to be intercepted in the
stormwater detention areas before they leave the project/property area. The
applicant will comply with all state requirements that apply to the closed tank leak
site at the golf course office/maintenance building.
4. 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 uses. The more efficient use of land for residential and
commercial purposes where increased densities can be realized because of
sewer and water availability is expected to help conserve truly prime agricultural
and wildlife areas outside of the urban service area.
5. The regional flood will be contained within the property as conceived by the
grading plan. Olmsted County currently is involved in a detailed floodplain study
under a grant from the Federal Emergency Management Agency and involving the
Minnesota Department of Natural Resources. A hydraulic and hydrologic analysis
by the County's consultant will identify the 500 and 100 year floodplains and
required building elevations. Impacts exceeding those permitted by FEMA must
be identified and property owners notified. No known impacts have been identified
by the detailed study as of the date of this EAW. In addition, public waters and
wetlands modifications will be reviewed and permitted by the Minnesota
Department of Natural Resources, the Army Corps of Engineers and the City of
Rochester.
6. Other substantive matters identified include well sealing, traffic patterns and
volumes, and archaeological sites. These matters will be addressed through the
development permitting processes by the State, CitX and County. Olmsted County
will start construction of improvements to the 55 Street/48th Street corridor in
• 2009 that will improve traffic safety and level of service at the intersection with TH
63. The development area has been continuously disturbed through farming for
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over a century, grading for a golf learning center and stream maintenance near
Hadley Valley Road N.E. In addition, the State Historic Preservation Officer has
indicated that there were no known historic or archaeological resources on the
development site.
BE IT FURTHER RESOLVED that based on the findings above, the Common Council
has determined that the development known as Hadley Creek 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.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF G;61 , 2007.
/v�/7'
PRESIDENT OF SAID COMMON COUNCIL
*ATTEST:
CITY CLERK
APPROVED THIS fi* DAY OF C Z�� , 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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