Loading...
HomeMy WebLinkAboutResolution 3901 J' _ • � �11�' ` . � O O �e. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ���kE H�g'�G . NO. e3 � O � � . S � RECORD OF DECISION ON TI�E � � SPRIAiG �iILL GOI,F CLiJB PROJECT � ENVIRONNI�NTA�ASSESSMENT WORKSHEET W�iEEREAS,the Environmental Assessment Worksheet("EAW")for the Spring Hill Golf Club Project ("Project") has been reviewed by the City Council of the City of Orono, Minnesota("City")to determine whether an Environmental Impact Statement("EIS") is required for the Project; and . W�IEItEAS, the City Council has reviewed the record in this matter,including the EAW, comments from governmental agencies and members of the public, responses to these comments, and reports of ineetings between its staff and governmental agencies. Based on this . • review the City Council makes the following fmdings of fact and conclusions. FINDINGS OF�ACT 1. Tlie EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules Parts 4410.0200 to 4410.6500 (1993) as follows: a. The Proposer of the Project is Spring Hill Golf Club,a Minnesota Corporation (the "Proposer"). � � b. The project involves the creation and operation of an 18-hole private golf course. � c. The Project falls within the mandatory EAW category of Minn. Rules Part 4410.4300, subp.28 because the Project involves the permanent conversion of 80 or more acres of agricultural,forest or naturally vegetated land to a more � intensive, developed land use. d. The Responsible Government Unit("RGU") is the local governmental unit, the City of Orono. Minn. Rules Part 4410.4300, subp.l4 (1993). The City Council of the City of Medina, in which a small portion of the Project is • Page 1 of 8 � � °� � o o . �b - CITY of ORONO � ti . '� RESOLUTION OF THE CITY COUNCIL ���kESH04�'G � . NO. e� � 0 1 �"� . � located,by resolution confirmed such a designation. � e. An EAW was prepared by the City with assistance from the Proposer,who � submitted completed data portions of the EAW to the RGU.�Minn.Rules Part 4410.1400 (1993). f. The EAW was prepared using the form approved by the Minnesota Environmental Quality Board ("MEQB") for EAWs. Minn. Rules Part 4410.1300 (1993). . g. The City issued the EAW on March 9, 1997, and provided a copy to the _ MEQB on March 9, 1997. � h. On March 9, 1997,the City submitted one copy of the EAW to all agencies • . � listed on the official MEQB mailing list. . i. On March 6, 1997 the City provided a press release to the Lakeshore Weekly News, the Laker and Pioneer, and the Sun Newspapers, which contained a notice of the availability of the EAW for public review.The press release also included the name and location of the Project, a brief description of the Proj ect,the locations at which copies of the EAW were available for review, ' � the date the comment period would expire, and the procedures for commenting. j. Notice of availability of the EAW and a suminary of the EAW were published in the EQB Monitor on March 12, 1997. k. The 30-day comment period on the EAW began on March 10, 1997 and ended at 4:30 p.m. on Apri19, 1997. Minn. Rules Part 4410.21, subp. 3 (1993). 1. During the 30-day comment period written comments were submitted as �. � described on Attachment A: � � � m. After the close of the 30-day comment period written comments were received � as described on Attachment B. • Page 2 of 8 • . � °� � � o . o � � - � C ITY of ORONO b` M� �y . �� �G'� RESOLUTION OF�T�E�I�Y COUNCIL � � �kESH�4 . NO. _- � n. Responses to the comments were prepared by the City with assistance from � the Proposer as attached on Attachment C. 2. � Substantive comments received during and after the comment period have been � responded to by the City and the Proposer. " 3. The present�zoning of the property upon which the Project is proposed in each of the cities of Orono and Medina permits the construction and operation of a golf course with a Conditional Use Pernut("CUP"). 4. During the EAW process and in the public meetings in Orono and Medina involving the CUP and related issues, concerns were raised with respect to approximately 43 acres of a maple/basswood forest on the northerly portion of the Project site containing many characteristics of the "Big Woods" forest which predominated in . this area prior to.settlement. With respect to such forest area: . � a. The forest consists mostly of second growth trees of an age and diversity resulting in many of the characteristsics found in the "Big Woods". b. This forest has been designated Medina 26 in the DNR County Biological � Survey and has been ranked"BC".The nearby Wolsfeld Woods Scientific and Natural Area (ranked "AB") and Wood Rill Scientific and Natural Area (ranked"B")are deemed to be of greater ecological significance and contain some areas of primary forest. c. The creation of a'green bclt' of approximately 200 acres located between the two above noted Scientific and Naiural Areas is deemed to be complimentary to the existing,public areas of the former "Big Woods". d. There are minimal legal protections for"Big Woods" ecotypes as compared to those for wetlands.None of the regulatory agencies with authority over the � � . Project have specific regulations related to retention or management of � forested areas. e. Residential development of the forested areas, as presently permitted under • Page 3 of 8 . � °� . � o o � . b. - C ITY of OROND � ti 'ti RESOLUTION OF THE CITY COUNCIL ���kESH�4��'G . NO. � � O 1 ..� � applicable zoning codes,would result in the loss of the"Big Woods"character because of the fragmentation of the tree canopy by driveways, houses and � � - other residential uses. � � � f. The Proposer has taken various steps to mitigate adverse effects on the . forested areas including: i. The design of the golf course has been altered through numerous iterations to provide for less intensive use of the land in the forested areas than in the non-forested areas. . ii. Relocation and replanting of trees will ameliorate some of the effects of placing the golf course in forested areas. . . iii. The course has been planned in such a way as to reduce the potential � � � for"islands" of forested areas and has attempted to.link forested areas . together as well as to retain forested areas in conjunction with adjacent � properties. g. The Proposer has responded to the concerns of the Department of Natural Resources and the request of the the Council for additional analysis and documentation of the specific anticipated impacts on Medina 26, and has provided or will be providing such documentation,including documentation of the changes and impacts to the Big Woods and how those impacts have been minimized;an assessment of habitat changes by coverrype for the entire site, identifying impacts to wildlife, and identifying mitigation available to address those impacts; development of a Tree Protection Plan; development � of a detailed Erosion Control Plan. h. It is the conclusion of the Council that while the golf course will have certain environmental effects related to the forested areas,those effects have � � � beeri substantially documented. There have been and will continue to be � efforts made to mitigate the impacts,both voluntarily and to be required as � � conditions withixi the City's conditional use permit. The impacts are not considered by the Council to be significant environmental effects, and no • Page 4 of 8 � � o,�,. � . � o 0 �b. - CITY of ORON� � � ti � . � �'� RESOLUTION OF THE CITY COUNCIL � ��kESH04��' . . NO. � � Q �. � � additional information would be gathered if an Environmental Impact Statement was ordered. 5. Wetland impacts have been addressed and include substantial mitigation resulting in a net ga.in in wetland acreage. Other permitting organizations, including the Minnehaha Creek Watershed District,will review wetland impacts. 6. Permitting during the Project will result in further review of the wetlands areas, including, for example, the required DNR Waters Permit and the DNR Water Appropriations Permit. . 7. Other potential environmental impacts which do occur, such as storm water runoff and traffic are mitigated by the Project design and subject to control through County permits and regulations as well as City ordinances. � . 8. The golf course will preserve the open space character of the area and will maintain � natural rural vistas which is consistent with the guide plans of the cities for the Proj ect area. Further, the Proposer will work with the City in incorporating a public trail system on the perimeter of the Property. 9. The Council has compared the impacts that may reasonably be expected to occur from the project with the following criteria: a. Type, extent and reversibility of environmental effects. i. A total of 21 wetlands comprising an area of approxim.ately 23.6 acres are located within the property, of which 1.41 acres are proposed to be filled. However, 3.12 acres of new wetland will be created from � uplands. The Council finds that the mitigation actions proposed by the Proposer will more than offset the loss of the 1.41 acres. � ii. A porEion of the land is currently in a forested or naturally vegetated � state, a portion is currently developed for institutional-type use and a portion is formerly agricultural but not used agriculturally for many years. The property is planned by both cities for uses other than • Page 5 of 8 � �� � . � O O . ��b. - C ITY of ORONO a � . �� G'� � RESOLUTION OF THE CITY COUNCI� � ��kESH04�' . NO. 3 � O �. ��� , _. � undeveloped open space, and the Council finds that this land use conversion does not have a potential for significant environmental � effects: � . � � iii. The Project will generate minor amounts of additional traffic. The transportation analysis indicates that the existing roadway system can readily accomodate the expected traffic volumes,and the Council finds that additional traffic does not have the potential for significant . environmental effect. iv. Golf course•use of agricultural chemicals has a potential to impact surface and groundwater. However, extensive water quality modeling performed to satisfy EAW requirements, including a nutrient budget analysis for Long Lake,indicates that the proposed NURP ponds and . • . related site design elements provide a system which is predicted to � result in an overall reduction in the pollutant loadings to Long Lake as compared to runoff associated with the current land use. The Proposer has indicated and the City will likely require a commitment � to sound environmental management of the golf course, including implementation of such practices as turf management,integrated pest management, use of Best Management Practices including use and management of grass swales,and recycling of runoff via a pond-based irrigation system. The Council finds that the presence and use of agricultural chemicals does not have a potential for significant environmental effects. b. Cumulative potential effects of related or anticipated future projects. i. The City of Orono anticipates future rural residential growth throughout the surrounding area The cumulative environmental effects • of the Project combined with other nearby developments, will be �typical of urbanization: increased land use, higher traffic volumes, � increased water use, etc. c. Extent to which environmental effects are subject to mitigation by ongoing • Page 6 of 8 � °� � o 0 �b. - C ITY of ORONO � � . �� G'� RESOLUTION OF THE CITY COUNCIL . �`�k'EsKO4� . No. � � 0 1 � public regulatory authority. . i. � The Council finds that impacts to wetlands,and the mitigation of those impacts,are subject to review and pernut by the U.S. Army Corps of Engineers,the Minnesota Department of Natural Resources, and the Minnehaha Creek Watershed District. ii. The Council fmds that should the golf course cause degradation of � surface or groundwater,the Minnesota.Pollution Control Agency,the Miimesota Department of Natural Resources, the Minnesota Department of Health,the Minnehaha Creek Watershed District and the City have the authority to order corrective action and or remediation of the problem. . iii. � The City will continue to.have the ability to mitigate any impacts . • . � through its Conditional Use Permit authority. � d. Extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the Proposer, i. The Council finds that the Project does not limit the options for further mitigation of impacts available to other regulatory agencies. CONCLUSIONS AND DETERIVIYNATIONS NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota that based upon the foregoing Findings of Fact which incorporate the EAW, the � comments to the EAW and the subsequent responses, public testimony and�the other materials � submitted to the public record,the Council as the Responsible Government Unit makes the following � determinations: � • Page 7 of 8 � . � O� • O O ��b. - � C ITY of ORONO � � � , � G'ti RESOLUTION OF THE CITY COUNCIL � �9kESI3�4��' . NO. �� � � � � 1. The proposed Project taken in its entirety as a 200-acre site and considering various mitigating factors,both voluntary and those required by the City and other agencies, � does not have the potential for significant environmental effects. � � . 2. . The rec�uirements of the Minnesota Environmental Policy Act have been met by the Environmental Assessment Worksheet and responses to public comments prepared � for this Project. 3. � An Environmental Impact Statement(EIS)will not be required for the Spring Hill Golf Club Project defined in the Environmental Assessment Worksheet. Adopted by the Orono City Council on this 21 st day of May, 1997. � ' . � � Gabrie abbour,Mayo A e t: YrI � � Dorothy M. lin, City Clerk • Page 8 of 8