HomeMy WebLinkAboutResolution No. 076-03 O �03
• 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
construction of new commercial or industrial uses which will be in excess of 300,000 square feet
(Minnesota Rules 4410.4300, subp. 14) or 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
Maine Street Development within the City of Rochester meets the criterion established for
preparation of an EAW; and,
WHEREAS, an EAW was prepared for the Kingsbury Hills 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 February 5, 2003, 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 February 19,
2003, 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 Cornmon Council makes the .following FINDINGS with regard to the
environmental impact of the proposed development to be known as Kingsbury Hills
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 and buffers, maximum noise and
lighting, as well as floor area ratio. Wetlands on-site require further investigation
and are subject to existing regulations, which will regulate any proposed impacts
is to the Wetlands.
• 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
i 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.
1 Water quality of surface waters from runoff or waste waters from the site should
not be significantly degraded because of this project. 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 Maine Street 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_4 ,�,� 2003.
i
/ SIDENT OF TAID COMMON COUNCIL
ATTEST: G�
CITY CLERK
APPROVED THIS 7� DAY OF , 2003.
MAYOR OF SAID CITY
•(Seal of the City of
Rochester, Minnesota)
Zone2000\Eaw-eis.need.maine street
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