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HomeMy WebLinkAboutCity Council Resolution 1998-749CITY OF PLYMOUTH RESOLUTION 98-749 DENYING A CITIZENS PETITION REQUESTING PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE 23 -ACRE SITE LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD AND OWNED BY THE ASSOCIATION FREE LUTHERAN CONGREGATIONS (AFLC) (98204) WHEREAS, The Association Free Lutheran Congregations owns a 23 -acre parcel in the City of Plymouth and, in response to City requirements, has prepared a PUD Plan showing expansion of the existing AFLC Bible School use on the site; and WHEREAS, the Minnesota Environmental Quality Board (EQB) received a citizens petition for an EAW for the Bible School expansion project; and WHEREAS, the citizens petition for the EAW included five concerns including water runoff, ambient noise, safety, lighting, and aesthetics; and WHEREAS, the Minnesota Environmental Review Program Rules provide for the mandatory preparation of an EAW for those projects that meet or exceed the thresholds contained in the Section 4410.4300 of the Rules; and WHEREAS, the Minnesota Environmental Review Program Rules provide for the discretionary preparation of an EAW for those projects where the City Council, acting as the Responsible Governmental Unit, (RGU) finds that because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does determine than an Environmental Assessment Worksheet (EAW) shall not be required for the proposed AFLC Bible School expansion project, based on the following findings: a) An EAW is not "mandatory" for the proposed Bible School project; it is discretionary. This is because the project would not change or diminish the course, current, or cross-section of one Resolution 98-749 (98204) Page 2 acre or more of any protected wetland. No wetland alteration is proposed, nor would there be a change in the water level of any wetland. b) The petition fails to demonstrate that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. c) The proposed project does not have the potential for significant environmental effects. d) The project proposer has either adequately addressed all environmental concerns indicated in the petition for the EAW, or the City will address them through code requirements and conditions of project approval, therefore, the project would not result in significant environmental effects. e) The storm -water runoff concern outlined in the citizen petition has been adequately addressed. The Department of Natural Resources (DNR) has reviewed the drainage plan and has no objection to the proposed impervious surface coverage, which is requested for site planning reasons. The proposer has demonstrated that the plan would substantially improve the quality of the stormwater runoff over existing conditions. The treatment system would be designed to handle contaminants such as the oil and fluids referenced in the citizens petition. f) The ambient noise concern outlined in the citizen petition has been adequately addressed because the Bible School site is required to meet the City's noise ordinance, which implements State standards which the City may not exceed. g) The safety concern outlined in the citizen petition is not an environmental issue as defined by the riles. Issues concerning traffic and traffic safety have been addressed in the City's review of the development plans. h) The lighting concern outlined in the citizen petition has been adequately addressed because the Bible School site is required to meet the lighting standards of the Zoning Ordinance. If they fail to do so, the City will take the appropriate enforcement action to ensure compliance with the lighting standards. If they meet the lighting standards, there would be no significant lighting impact on the environment. i) The aesthetic concern outlined in the citizen petition is not an environmental issue as defined by the riles because the Bible School site is not a natural area. ADOPTED by the City Council on December 16, 1998.