HomeMy WebLinkAboutResolution No. 537-08 is
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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 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
Highland Preserve within the City of Rochester meets the criterion established for preparation of
an EAW; and,
WHEREAS, an EAW was prepared for the Highland Preserve 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 October 22, 2008, and during such period three
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 November 17,
2008, 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 Highland Preserve
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. 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 /rural lands 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 prime
agricultural and wildlife areas outside of the urban service area.
The project is part of a phased plan and that the timing of the development is
uncertain and it is anticipated to occur more than three years in the future. A new
Environmental Assessment Worksheet will be completed for future phases beyond
the proposed 235 acres.
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. The project is not expected to add to the turbidity or fecal coliform impairments in
either the South Fork of the Zumbro River or Kings Run (the unnamed tributary
with the turbidity impairment). 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. As
discussed in the EAW, several storm water management ponds and drainage
swales will provide water quality treatment for this development.
In urban areas, the source of fecal coliform bacteria is pet and wildlife waste. The
City of Rochester Code of Ordinances requires pet owners to pick up after their
pets. The storm water management ponds will reduce fecal coliform contributions,
if present, to downstream receiving waters.
BE IT FURTHER RESOLVED that based on the findings above, the Common Council
has determined that the development known as Highland Preserve 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 -7 4,h DA OF , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: J P'Ua Yl
DEPU:Y CI CLER
APPROVED THIS DAY OF M beL , 2008.
MAYOR OF SAID CITY
(Seal of the City of
• Rochester, Minnesota)
Zone05\Eaw-eis.need.highland preserve
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