Agenda - Council - 02/12/2002 - Laserfiche WebLink

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I I I I I I I I I I I I, I I I ! 1 I I already determined that a mandatory EAW was not required since the minimum thresholds that the State of Minnesota requires for environmental review were not exceeded. State regulations require the City Council to determine whether or not an EAW should be required once a valid petition has been submitted to the EQB. Due to the fact the original plan was withdrawn, the City Council has not made any determination on the EAW. Since the plat has been resubmitted, the Council needs to make a determination prior to the consideration of the preliminary plat on whether or not an EAW should be required. A resolution to adopt findings of facts and making a determination on the need for an EAW is attached as part of this case. After the lune City Council meeting, the City had Pro Source Technologies, Inc. review the development proposal to determine if an EAW was needed and to respond to the citizen petition. Their review indicated that the development of the property will not have a significant environmental effect and does not warrant the preparation of an EAW. Pro Source's review looked at the same issues as an EAW would require. Pro Source did identify the development property as potential habitat for the Blanding's Turtle, although none have ever been spotted on the property. Pro Source recommended that the City and the Developer institute mitigation measures such as require surmountable curbs and no disturbance (i.e. no cutting' Of grass) of nesting areas. Pro Source also mentioned that they are able to conduct a biological survey of the site to determine the existence of Blanding's Turtles. As a condkion of the preliminary plat approval, the Planning Commission is recommending that the Cky conduct a biological survey of the development site to determine the existence of any Blanding's Turtles. Staff has contacted Pro Source about beginning the biological survey. Pro Source indicated that they survey could not start until the spring/early summer due to the weather. Staff will be ready to discuss other options that the City may want to consider in regards to the biological surveY. Recommendation: The Planning Commission recommended recommend approval of the preliminary plat subject to the City Staff.Review Letter, the rezoning of the parcel to R-l, R-3U, and Multiple Residential, a satisfactory tree preservation plan, and completion of a biological survey to determine the existence of Blanding's Turtles on the property. As noted earlier, an acceptable, tree preservation plan has been agreed upon between the developer and City Staff. . ~ . ~i~ofiCo;~i~ilo~::::ut~on~ado~i~~n~'~'~ng~ct and~mak~o~n on)() the need to complete and Environmental Assessment Worksheet CEAW) in relation to The Ponds subdivision. ,,/,)q I . Motion to approve the preliminary plat subject to the City Staff Review Letter dated December 28, 2001, the rezoning of the parcel to R-I, R-3U, and Multiple Residential, and completion of a biological survey to determine the existence ofBlanding's Turtles on the property. -141-