03-08-2004 Council Packet - Laserfiche WebLink

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2 3 Maxwell Bay Esutes EAW Need Determination March 8,2004 Page 2 of 5 3-2-04 letter from the petitioner stating their withdrawal of the EAW petition 1-24-04 letter (revised) from the applicants confirming their withdrawal of the 6 lot proposal Background The City received an EAW (Environmental Assessment Worksheet) Petition for project #03-2964. The project consisted of a 6 lot subdivision of the prope*ly located at 3250 Fox Street with a private roadway. The proposal included septic locations and met all requirements of the 2-acre zoning district. The project received preliminary approval at the November 17,2003 Planning Commission meeting contingent on engineering approval. Since that time the neighbor ’s have hired representation and have submitted a petition to the Environmental Quality Board (EQB) requesting that an Environmental Assessment Worksheet (EAW) be conducted. The purpose of an EAW is to determine if there is the potential for significant environmental impacts and how to address those impacts. A brief report of potential environmental issues was conducted by the petitioner and included with the petition. The City will respond briefiy to these issues later in this report. Having gotten resistance from the neighborhood, the applicants have since decided to withdraw their request to subdivide the property into 6 lots and are now proposing 3 lakeshore lots and no roadway. With withdrav .il of the 6 lot proposal, the petitioners have submitted to the City a letter withdrawing their request for an EAW, Because of this the City has the option to not respond to the EAW request since it has been formally withdrawn, however, the petition remains active for one year during which the City could be asked to act on it. Therefore, staff has concluded that the City should respond to the petition so that it can be formally closed. The EQB has advised the City that this would be the best course of action due to the fact that the property will not remain vacant for the year that the petition is active, and this course of action allows the applicants to pursue the 3 lot proposal. Determining the Need for an EAW Step 1: Determine whether the project falls into a Mandatory or Exempt EAW category under EQB rules. Step 2:If EAW is mandatory, EAW is required; or If exempt from EAW. EAW is prohibited; or If neither mandatory nor exempt, the City has the option of requiring an EAW under the following guidelines: A) If evidence provided by petitioners, proposers and others demonstrates to the Council that the project may have the potential for significant environmental effects, then Council shall require an EAW. B) If evidence provided by petitioners, proposers and others fails to demonstrate to the Council that the project may have the potential for significant enviroiunental • ffects, then Council shall deny the petition. Step 3:A Resolution incorporating Findings of Fact regarding the Council ’s decision should be adopted, and this will be forwarded to the petitioner and the EQB within 5 days of the decision. J