HomeMy WebLinkAboutResolution No. 304-17 - ScenicOaksWestDevelopement.EIS.R2017-001EAW
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. 36A); and,
WHEREAS, a certain development which is planned and under construction, known as
Scenic Oaks West Development within the City of Rochester meets the criterion established for
preparation of an EAW; and,
WHEREAS, an EAW was prepared for the Scenic Oaks West 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 18, 2017, 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 July 5, 2017,
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 Northwest Commercial Center Development:
1. The anticipated environmental effects of this project are found to be the
same as those experienced with any residential development in the City
of Rochester. This site has no unique environmentally sensitive features
which warrant more detailed investigations. Any impacts to wetlands will
be minimal, and credits have been purchased for the replacement of
impacted wetlands. The western foxsnake, which is a state species of
greatest conservation need, has been identified within the area
surrounding the site. The EAW identifies the use of wildlife-friendly
erosion control mesh as a method mitigate impacts on threatened wildlife.
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 residential uses. The more efficient use of land for
residential purposes where increased densities can be realized because
of sewer and water availability is expected to help conserve truly prime
agricultural areas.
3. Water quality of surface waters from the 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
stormwater detention ponds and sediment traps. 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.
The potential for groundwater contamination is found to be reduced by the
use of a stormwater collection system which employs detention basins as
compared to the existing unrestricted overland flow in the property’s
present state. Spills on the ground surface will have the potential to be
intercepted in the stormwater detention areas before they leave the
property.
4. Dust and noise, which will be generated because of the construction of
this project, will be no more than typical for any residential development.
The City of Rochester has a noise ordinance, which will protect nearby
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.
BE IT FURTHER RESOLVED that based on the findings above, the Common Council has
determined that the development known as Scenic Oaks West 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.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\Eaw-eis.need.ScenicOaks
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