HomeMy WebLinkAboutCity Council Resolution 1986-095CITY OF PLYMOMH
Pursuant to due call and notice thereof, a special meeting of the City Council of
the City of Plymouth, Minnesota, was held on the 15th day of February . 1986.
The following members were present: Mayor Schnei er, ouncilmembers Crain,–TTsk, —
Zitur and Vasiliou
The following members were absent: none
Councilmember Crain introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86-95
DECLARING FINDING OF NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON
THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED DECEMBER 4, 1985 FOR
IVY PARK TWO PROPOSED BY IVY PARK DEVELOPMENT CORPORATION (84057)
WHEREAS, pursuant to Minnesota Environmental Ouality Board (EOB) Rule No. 6 MCAR S
3.025-C4, the Environmental Review Process, the City of Plymouth as the responsible
governmental unit, submitted an EAW for the development on December 7, 1985; and,
WHEREAS, the 30 -day review comment period expired on January 15, 1986, and all com-
ments and recommendations received from reviewing agencies and other interested
parties have been considered; and,
WHEREAS, the review of the EAW has included the type, extent, and reversibility of
environmental effects; and,
WHEREAS, the review of the EAW has considered the cumulative potential effects of re-
lated or anticipated future projects; and,
WHEREAS, the review of the EAW has included the extent to which the environmental
effects are subject to mitigation by ongoing regulatory authority; and,
WHEREAS, the review of the EAW has considered the extent to which environmental
effects can be anticipated and controlled as a result of other environmental studies
and information provided by public agencies or the project proposer;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and htreby does make a Negative Declaration on the Need for
an Environmental Impact Statement (EIS) for the proposed development known as Ivy
Park Two for Ivy Park Development Corporatioo based upon the finding that the propos-
ed development does not present a potential for significant environmental effects
subject to the following including those mitigative measures to be incorporated into
the proposed Residential Planned Unit Development:
1. Declaration and Finding account for the existing laws, codes, regulations, and
policies which are administered and enforced by ongoing authorities including
the City and other agencies and which are outlined in the February 7, 1986 staff
memorandum.
2. The Ordinary Hioh Water Mark determined by the Department of Natural Resources
(DNR) shall he represented and defined on the proposed development plans.
PLEASE SEE PAGE TWO
Page two
Resolution No. 86- 95
3. A 40 -ft. protective easement from the property line shall be provided for those
lots which abut Department of Natural Resources (DNR) Protected Wetlands, Army
Corps of Engineers Protected Lands, and ponding areas for City Storm Water
Drainage. The easements shall restrict any development including clear cutting
of vegetation except for diseased and dying trees; and the easement line
established to protect this area from encroachment particularly during site
development shall be delineated by a rope line.
4. No grading shall occur beyond 120 ft. past right-of-way dedicated for public
roads for those lots which abut DNR Protected Wetlands, Army Corps of Engineers
Protected Lands, ponding areas for City Storm Water Drainage and Outlot A,
consistent with Army Corps of Engineers recommendations. This grading shall not
encroach upon the 40 ft. protective easement specified in Condition No. 3.
5. A protective easement shall be deeded for all land below the Ordinary High Water
level restricting any development of this area and use of this property for any
reason other than wildlife habitat and storm water drainage purposes subject to
possible compensatory measures authorized by the Department of Natural Resources
or other authority.
6. Outlot A on the proposed RPUD Preliminary Plan/Plat shall remain in its natural
state, with the possible provision for compensatory design measures authorized
by the Dep,,rtment of Natural Resources or other authority.
7. The developer will verify whether there are endangered plant species as outlined
in the January 14, 1986 letter from the DNR at the end of the winter season and
prior to issuance of permits. If such species are identified, appropriate
mitigative and protection measures shall be reviewed by the DNR and approved
measures shall be implemented as part of the development.
8. The same open water characteristics of the crescent-shaped pond shall be
retained.
9. Any request for a temporary haul road from east to west shall be submitted with
the preliminary plat including all mitigating and repair measures to be
performed and the timing of when the road shall be put in place and removed.
10. The developer shall not clear cut or mass grade the southerly 15 ft. of all
proposed lots from Valley Forge Lane to the east boundary of the plat.
The notion for adoption of the foregoing Resolution was duly seconded by
Councilmember Sisk , and upon vote being taken thereon, the
o lowinq voted in favor thereof: Mavor Schneider. Councilmembers Crain and
Ine roiiowing voter against or abstaii
Whereupon the Resolution was declared