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HomeMy WebLinkAboutResolution 4578 �. :d . . ��_ � O� � O O ��b - CITY of ORONO � � �� �'� RESOLUTION OF THE CITY COUNCIL ��SHp4�' NO. � � `� � A RESOLUTION DETERMINING THAT THE DEVELOPMENT PROPOSAL BY BRENSHELL HOMES HAS NO POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS, AND DENYING THE CITIZEN PETITION FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAV� - FILE#2596 WHEREAS, the City of Orono ("City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Minnesota Environmental Quality Board (EQB) has officially notified the City of a petition by a group of citizens represented by Shirley Bull requesting the completion of an Environmental Assessment Worksheet for the proposed development ("the Development")by Brenshell Homes(the"proposer"),City of Orono planning and zoning application � File#2�96; and WHEREAS, under EQB Rules 4410.0500, the City has been designated as the appropriate Responsible Governmental Unit (RGU)to determine whether an EAW is required. FINDINGS OF FACT ' 1. The City Council finds that the Development does not meet or exceed any of the thresholds of EQB Rules Part 4410.4300, Subparts 2 through 37, and does not meet or exceed an�- of � the thresholds of EQB Rules Part 4410.4400, Subparts 2 through 24. Therefore,neither an Environmental Assessment Worksheet nor an Environmental Impact Statement are � mandatory for the Development under EQB Rules. 2. The City Council finds that the Development falls within Part 4410.4600 Subpart 2(B)in that � all governmental decisions have not been made,and falls within Part 4410.4600 Subpart 1? . because,while the 5-unit development does not exceed the threshold of 20 dwelling units for a fourth class city, the Development is within a Shoreland area as defined in EQB Rules 4410.0200. Therefore,the City Council further finds that the Development is not specificall}° exempt from EQB Rules 4410.0200 to 4410.6500. � Page 1 of 8 � � � � �i=� /� �11�' � � � �b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�4�' NO. � � � � �. 3. EQB Rules 4410.1100 Subpart 6 provide that the RGU shall order the preparation of an EAW if the evidence presented b�T the petitioners,proposers and other persons or otherwise kno�vn to the RGU demonstrates that, because of the nature or location of the proposed project,the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the proj ect may have the potential for significant environmental effects. 4. The City Council has reviewed the evidence presented by the petitioners,proposers and other persons as well as other information of record pertaining to the Development. 5. The Citizen Petition presents a series of statements regarding the Development that can be categorized into four specific Concerns to be addressed and considered in determination of whether there is a potential for si�ificant environmental effects. 6. In regards to Concern 1 -Petition Statement:"The proposed subdivision will adverselv effect � the erosion of the steep sloped Erin&Kilkennv soils on Sa�a Hill..."; and"...the possibilitv of increased pollution to Forest Lake Bav bv nmoff directiv dumped into said bav from two ravines located on said propem- (see attached documents bv Barr En�ineerin� and residentsl..." The City Council finds as follo�-s: The City has long been aware of concerns regarding erosion and�vater quality related to development in Saga Hill,expressed by residents during this and prior applications for de�•elopment of this 7-acre parcel. The issues of erosion and v��ater quality are separate but deepl�-intertwined.The third related issue is stormwater runoff impacts, and a113 topics have been addressed at length during the subdivision process. The portions of the parcel which �vill be disturbed by development activity are located primarily on slopes of 0-12%, uphill from steeper slopes leading down to Forest Lake Bay ' of Lake Minnetonka. Runoff from •the site either is in�the form of sheet flows over the relatively uniform slopes just abo�-e Wildhurst Trail, or in the form of channelized flows in two ravines, the smaller("south ra�°ine") located at the southeasterly corner of the site,the larger("north ravine") heading northeastward from the northwesterly corner of the parcel. Both ravines are wooded with mature hardwoods. Soils on a majority of the site per the Hennepin County Soil Survey are of the Kilkenny . series,bein�primarily Kilkenny loam.The Soil Survey classifies these soils�vithin"Building ! . Page 2 of 8 , r � �� /� �11�' � ! � � ��b. - CITY of URONO � � ti �� G'� RESOLUTION OF THE CITY COUNCIL . �9kES�I04�' NO. ' �'� �' � • � . Site Group 7". The soils in Group 7 have "moderate limitations for residential and � commercial development tiyith pzrblic setiver systems where slopes are less than 12%. In areas where slopes are more than 12%, these soils generally have severe limitations for commercial and residential developnient because of the high cost of installing z�tilities and grading streets and building sites. P�•oper design of buildings, site planning, and minimal gf•adingredzcce erosion and sedimentation. Where slopes are more than 18% these soils ar�e better szcited to uses that enhance the natzrral beaarty of the area than to most other uses". The proposed development has been designed with these limitations in mind.It is also noted that the property does not meet the slope criteria for being considered as a bluff area under the Shoreland regulations, and is not subject to bluff impact zone limitations. The following aspects of the Development are intended to minimize or eliminate erosion and stormwater runoff water quality concerns: a. A majority of the slopes in excess of 18% on Lots 2 and 3 will not be disturbed by . grading and will have ,existing vegetation retained. These sloped areas� will be protected from excess runoff by a swale which will direct runoff to the proposed retention pond on Lot 1 abo�-e the southeasterly ravine.Easements and covenants will be put in place to ensure the s�vale will be retained and maintained on a permanent basis. b. The proposed retention pond on Lot 1 will result in a decrease of the runoff flow rates within the southeast ravine.Due to the steep gradient of the existing ravine,the watershed area tributary to this ravine has been reduced significantly and redirected to the northerly stormwater pond, thereby decreasing the runoff rates and volumes reaching the southeast ravine to a level lower than pre-development conditions. The pond in Lot 1 will also ser��e as a water quality pond, meeting NURP standards for sediment and nutrient remo��als prior to discharge to the ravine. Also, because the ' � ' southeast ravine has steep bank slopes, the protected area where no'grading is allowed will encompass the entire ravine area within Lot 2. c. In order to eliminate disturbance of the steeper slopes on Lots 2 and 3, installation of sanitary sewer alon�the common lot line as well as��ithin V4%ildhurst Trail will be via directional borin� methods to avoid open cuts which would potentially affect slope stability. • . . Page 3 of 8 '� y ��� /� �� . • � � ��e. - C ITY of ORONU � � �� G'� . RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � '�' `� � � d. A majority of the runoff from the site (and from the roads to be constructed within the Garden Lane corridor and within the site)will be directed to a stormwater pond above the northerly ravine. This pond will serve both water quantiry and quality functions, and will result in flow rates in this ravine that are no greater than the pre- development condition. Reasons for directing a majority of the flo�t-s to this ravine include that it has a flatter gradient with less erosion potential, and adding flows to this ravine will have minimal impact to properties downstream as compared to the potential impact if all flows were directed to the southeasterly ravine per the existing natural drainage areas. Further, this ravine discharges to a wetlarid hydraulically separated from Lake Minnetonka by a driveway and culvert,hence further treatment of runoff will naturally occur within this wetland. e. Both stormwater ponds are designed to meet National Urban Runoff Program (NURP) standards for water quality. NURP ponds are designed to result in an average reduction ofphosphorus of 60%. Additionally,covenants«ill be established • requiring the property owners within the plat to use phosphorus-free fertilizers for lawn maintenance. The water discharged from these ponds is not likely to be a significant source of added pollution to Forest Lake Bay. f. Road and utility construction and site grading ��;ill be occurring primarily in areas � where existing slopes are relatively level. The site plan has been re�-ised a number of times to incorporate changes suggested by the City staff and by the area residents, resulting in decreased road lengths,minimization of disturbance of sensitive slopes, and retention of existing vegetation within the ravine areas and on mo�t of the slopes � exceeding 12%. Virtually all previous development in the Saga Hill area was completed priar to the adoption � of development requirements for managing stormwater runoff. As a result. there has been a need to retrofit stormwater management facilities into the neighborhood.��n eYample is the � � storm pond constructed just west of the south end of Tonkaview Lane; another example is the sediment and rate control berm required of the recently constructed home at 4685 • Tonkaview. Additionally, the draft Orono Surface Water Management Plan indicates the need for new water quality ponds to protect the quality of Forest Lake. The ponds proposed �ti�ith this development will reduce the magnitude and property impacts of those future ponds by trapping pollutants and retaining runoff higher in the watershed. • . . Page 4 of 8 ! I � 7 ��� /� O� � , � O O ��b � CITY of ORONO �� � ti �� G'� RESOLUTION OF THE CITY COUNCIL ��S�p�� NO. �� � � � The stormwater facilities for this development become an integral element of the City's stormwater management system, and must be properly constructed and maintained in working condition. The City will, per its standard practice, require financial security from the developer in the form of a letter of credit to ensure the installation of roads, sewers, stormwater facilities, and required landscaping and erosion controls is carried out per the approved plans. Easements and development covenants will be required to ensure the permanent maintenance of stormwater management and erosion control facilities by,the properiy owners in this development. These documents will give the City authority to maintain the ponds,culverts,berms and related stormwater and erosion control facilities and assess the costs of same back to the property owners if the property owners do not maintain them. This project and the design plans have been determined to meet and in some respects exceed . Minnehaha Creek Watershed District (MCWD) stormwater management requirements. • Finally,the Development is subj ect to the MPCA"B est Management Practices for Protecting Water Quality in Urban Areas", a comprehensive set of standard practices for managing stormwater impacts and soil erosion both during and after site development. 7. In regards to Concern 2. Petition Statement"...the fillin�in of a wet land..." The City Council finds as follows:The petitioners claim a wetland exists within Lot 1.The evidence provided by the petitioners and evidence provided by the developer has been reviewed by City staff and consultants, staff and consultants of the Minnehaha Creek Watershed District, the developers consultants, and by a Technical Evaluation Panel appointed to resolve the conflicting wetland determinations filed by various parties. The Panel, consisting of representatives of the Hennepin Conservation District,Board of Water and Soil Resources and MCWD, investigated.the site on 10-16-2000 and concluded that . . there are no wetlands present on the site,as documented in a memo from Jim Hafner of the MCWD to Paul Weinberger, City Planner dated October 19, 2000. The Council finds that Y there will be no filling of a wetland as part of this project. 8. In regards to Concern 3.Petition Statement:"...the irreversible damage of a section of a`Bi� `Voods' the lastremainin�B�i�Woods on Sa�aHill withhistorical si�nificance(see attached documents bv IMA Consulting,L � • The City Council finds as follows:The petitioners have presented no specific evidence that the site contains a Big Woods remnant. In fact, aerial photographs from ca. 1955 clearly Page 5 of 8 �� . ��� �� 0� � O O ��e. - CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL � ��9.ttE Hp4�'G NO. _ b � � `� � S • � indicate that the majority of the site,�approximately 6 of the 7 acres,was in open cultivated " fields or orchard plots,and only the areas abutting the ravines were wooded at that time.The identifying characteristics of Big Woods include old growth mature hardwoods with long, straight trunks and a high dense canopy that limits light reaching the forest floor, resulting in minimal understory growth. The only portions of the site where such conditions are conceivably present is within the two ravine areas.Both ravine areas will be protected from development by easements and covenants precluding their destruction.In fact,the northerly ravine will be platted as an outlot and a conservation easement granted to the City prohibiting any land alteration and vegetation removal. The developer is also required to provide the City with a site plan identifying all mature trees on the site,and identifying which trees will be retained, and then must mark those trees and protect them dur-ing site development. The only evidence provided by the petitioners that this area has historical significance is a study completed in 1997 by IMA Consulting for the Saga Hill Preservation Society. The study concludes that this area, and in fact the entire area encompassed by the Saga Hill � Nature Area,has a"relatively high potential for the presence of archaeological sites"and that "the presence of flat ground in association with deep erosional ravines, particularly in association with wetlands in the area as well as Lake Minnetonka,suggests that the area may have been a seasonal locus of prehistoric Native American activity, possibly back to the Paleoindian period". However,these findings could be made of virtually all land near Lake Minnetonka comprising hundreds of acres in southern Orono,and of many lands surrounding . other lakes in Orono.No specific evidence such as artifacts,burial sites or mounds,etc. has been introduced related to this site. No evidence of pioneer homestead sites on the parcel in question has been presented,and there are no historic buildings on the site.While the Saga Hill area may have social significance in relation to the activities of its pioneer occupants a century ago, no evidence has been presented to suggest that any significant historical sites will be affected by this development. 9. In regards to Concern 4. Petition Statement:"There is a hazardous intersection proposed for vehicular access to and from said development addin�to alread�dan�erous intersections." The City Council finds as follo�vs: The City Engineer has reviewed the proposed intersection of Garden Lane and Tonkaview Lane. The intersection location is a very appropriate location from a safety standpoint because it is on the ouside of a horizontal curve, allowing more than adequate sight lines and sight distance for vehicles entering Tonkaview Lane. Impacts of the vertical�curvature of Tonkaview Lane are minimal,being � . . . Page 6 of 8 .� , .. ��-� �� 0� • O O ��b - CITY of ORONU � � �� G'� RESOLUTION OF THE CITY COUNCIL ��sK�4��' No. � � `� � . relatively flat west of the intersection,and being a relatively uniform downhill slope east of the intersection. An existing driveway in the Garden Lane right-of-way servinQ the adjacent residence to the east will likely have to be relocated onto Garden Lane upon construction of tlle new road; this will be addressed as part of the final road design plans: The final road design for Garden Lane will also incorporate a right-angle approach onto Tonkariew to avoid blind spots for exiting vehicles.The maj ority of drainage from Garden Lane�i-ill be directed northward to the north stormwater pond via storm sewers,hence drainage to Tonkaview from Garden Lane will be minimized. The City Council finds that the proposed intersection will not create a hazardous situation,and does not have the potential for significa.nt environmental effects. . 10. In addition to reviewing the concerns noted in the Citizen Petition, the Cit�- Council has re��iewed the concerns expressed in three recent letters from Saga Hill area residents or their representatives.Those letters reiterate some of the concerns noted above.T�t-o of the letters specifically address pond maintenance, and request some assurance that the ponds will be • correctly constructed and maintained. The City Engineer will as a matter of course inspect the construction progress of the Development on a regular basis to ensure that all construction including construction of stormwater facilities meets all required standards. � Additionally,the permanent covenants established for the Development will arant the City the right of entry and authority to monitor, maintain and reconstruct if necessary the stormwater ponds should the residents fail to do so, and to assess the costs°of same back to the residents. Other issues noted in the recent letters include the general state of the e�isting area stormwater facilities, such as the lack of curb and gutter where it may be needed in the Wildhurst and Forest Lake Landing areas. Any additional impacts to these areas as a result of the proposed Development are expected to be minimal if any due to the stormwater � management facilities that will be constructed as part of the Development. 1 l. The City Coiincil finds that the concerns raised in the Citizen Petition and in additional correspondence by residents have been sufficiently addressed during the subdi�-ision review process, and that the subdivision has been revised a number of times in response to issues brought up by the City and by the area residents. The City Council further finds that the conditions of preliminary plat approval and conditions to be imposed on the Development result in a project that will have no potential for significant environmental effects. � . . Page 7 of 8 .,1 � Y • /�--� � O� • O O ��b. - CITY of ORON� � � �� G'� RESOLUTION OF THE CITY COUNCIL � ��kEsH.�4� � NO. •},� � � � . � • 12. The City Council finds that the evidence presented by the petitioners,by area residents,by the proposers,by City staff and by other persons as documented herein,fails to demonstrate that the Development may have a potential for significant environmental effects. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that the Citizen Petition to the EQB by Shirley Bull, et al, is hereby denied, and notification of such denial shall be forwarded to EQB staff,to the proposer, and to the petitioners' representative within 5 days per EQB Rules 4410.1100 Subpart 8. Adopted by the City Council of Orono, Minnesota this 11"'day of December, 2000. ATTEST: � . � � . . �� � � Linda S. Vee, City Clerk Gabrie Jabbour,Mayor • . . Page 8 of 8