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94-8146r8 CITY OF RICHFIELD RESOLUTION NO. 8146 - - A RESOLUTION DENYING A PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET, RELATING TO THE PROPOSED "SHOPS AT LYNDALE"/CSM CORPORATION PROJECT WHEREAS, CSM Corporation has proposed a development project to occur within the City of Richfield, encompassing all of the land bounded by Emerson Avenue to the West, 77th Street West to the North, Lyndale Avenue to the East, and the frontage road (Market Drive) to the South. The proposed project excludes an existing Conoco gasoline station, rendering the total site area 16.54 acres; WHEREAS, on or about April 18, 1994, Terry Feldman and other individuals filed a petition with the Environmental Quality Board ("EQB") requesting the preparation of an Environmental Assessment Worksheet ("EAW") and an Environmental Impact Statement ("EIS"). WHEREAS, the petition asserted that an EAW was mandatory pursuant to Minn. Rules § 4410.4300, subp. 14(B), and, in the alternative, asserted an EAW' was necessary based on alleged increases in traffic, reduced air quality, the need for an Indirect Source Permit ("ISP") evaluation, an increase in stormwater runoff, effects on wetlands and areas of mature vegetation, and, finally, for possible economic impacts due to alleged job loss or displacement; WHEREAS, on Apri125, 1994, the EQB referred the petition to the City of Richfield, and designated the City as the Responsible Governmental Unit ("RGU") for responding to the petition; WHEREAS, the Richfield City Council has reviewed and analyzed the issues raised by the petitioners, and has carefully examined the studies, records, and documents previously compiled by the City involving the area in which the proposed project will be located; WHEREAS, the City of Richfield has had several occasions over the past five years in which to carefully examine all of the various potential impacts raised by petitioners in their EAW petition, on projects and proposed projects in and around the location of the proposed project identified in the EAW petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, AS FOLLOWS: The City Council of the City of Richfield makes the following findings of fact: Resolution No. 8146 REQUEST FOR A MANDATORY EAW 1. The proposed project involves the construction of a new commercial facility, totaling approximately 231,000 square feet of gross floor space. The project does not and will not meet the 300,000 square foot threshold for a mandatory EAW - - -pursuant to Minn. Rules §4410.4300, subp. 14(B). 2. On April 1, 1994, Gregg Downing of the Environmental Quality Board sent a letter to Gary Tushie, President of Tushie-Montgomery & Associates, Inc., architect for the proposed project, advising that the proposed project does not meet the threshold of 300,000 square feet of gross floor space, and advising that an EAW is not required. REQUEST FOR A DISCRETIONARY EAW A. ~ Traffic 1. The proposed project involves the creation of approximately 998 new parking spaces, and the elimination of 589 old parking spaces, for a net increase of 409 parking spaces. Petitioners' challenge of 1,155 parking spaces is inaccurate, and their reference to "Richfield ordinances" is ill-defined. The total number of parking spaces is less than the threshold number of 2,000 spaces established by Minn. Rules §4410.4300, subp. 15 (mandatory EAW requirements), and. less than the threshold for an Indirect Source Permit set forth in Minn. Rules § 7001.1280, subp. 4. 2. The current construction of a four-lane arterial street, along 77th Street between I-35W and 24th Avenue, which implements medians, turn lanes, noise walls, and looped residential streets to separate residential areas from commercial traffic, also involved considerable studying, debate and planning of both existing and expected traffic in the area surrounding and including the proposed project. 3. This widening of 77th Street into afour-lane arterial roadway specifically involved extensive planning and design for future commercial development in the area, including, but not limited to, the sort of development project at issue in the petition for an EAW. 4. As designed and now under construction to be completed before the proposed project, 77th Street has significant design capacity to accommodate any increases in traffic which may result from the proposed project. While certain minor changes may occur at various intersections with cross-streets and intersecting roadways, such as stop lights or additional turn lanes, these types of changes were -2- Resolution No. 8146 specifically contemplated when 77th Street was widened, as necessary future measures to account for major developments and redevelopments in the area. 5. The minor changes and additions to streets and roadways intersecting with 77th Street, as set forth in Exhibit 4 to the EAW Petition, involve considerations of - - 'time delay and traffic flow issues. These changes and/or additions will, at most, have only a minor impact on the convenience of motor vehicle operators and passengers using the roadways per day. B. Air Quality 1. As part of the widening of 77th Street, and its conversion into afour-lane arterial roadway, considerable study and analysis was done on air quality conformity with state and federal air regulations. Most of these studies and analyses were completed in mid to late 1992. 2. The study and analysis of the 77th Street project included not only the street in its widened condition upon completion, but also air quality forecasts as far into the future as year 2010. These forecasts took into account the expected developments, redevelopments and traffic levels that would occur in the area over time. 3. Primarily, the studies focused on the increased emissions of carbon monoxide into the air (CO), a pollutant which results primarily from motor vehicles. These studies involved a microscale study of CO concentrations in the vicinity of the proposed project, and a qualitative analysis of the impact of widening 77th Street on regional emissions of CO. 4. The results of the studies and analyses show that there will be no violations of air quality standards at either the state or federal level, both at the time the studies were released, and projected to the year 2005 with increasing traffic. C. Need For An Indirect Source Permit 1. An Indirect Source Permit ("ISP") has not been sought with respect to the proposed project, because the number of parking spaces proposed make the project exempt from such permit requirement. 2. Minn. Rules § 7001.1280, .subp. 4(A), (B) exempt a new parking facility from the ISP requirements where the parking capacity will be less than 1,000 cars or where the modification will result in an increase of less than 500 cars. -3- Resolution No. 8146 3. The proposed project site currently has surface parking to accommodate 589 motor vehicles. 4. The modification of parking spaces under the proposed project will increase the number of parking spaces by 409 net spaces. 5. Even if an ISP were required, this would not be indicia that the project may have the potential to cause significant environmental impacts. D. Stormwater Runoff 1. The proposed site, in its present condition, is a developed site with considerable impervious surfaces. The proposed project may result in minimal increases in volume of stormwater runoff due to the possibility of additional impervious surfaces. 2. Any additional stormwater resulting from the proposed project will, however, flow through a new storm sewer line with sufficient capacities to handle the additional water and runoff. 3. The stormwater runoff from the proposed project will not flow to Nine Mile Creek in Bloomington as it would under the present drainage plan. The Ciry of Richfield recently received approval from the Board of Water and Soil Resources to remove a 100 acre drainage area from the Nine Mile Creek Watershed District and transfer it to a Richfield-Bloomington Water Management Organization ("WMO"). 4. The stormwater from the proposed project will be pretreated to remove suspended solids and other floating. particulates. A storm sewer line has been designed and partially constructed that will take the water and runoff from the proposed project to Wood Lake. 5. A treatment basin will be installed in the southwest comer of Wood Lake, and it will be the first recipient of the stormwater before it enters Wood Lake. Additionally, an outlet will be constructed to carry the water from Wood Lake and ultimately to the Mississippi River. 6. The Minnesota Department of Natural Resources has reviewed the water treatment plan, approved the plan, and issued a permit authorizing implementation of the plan. 7. The Wood Lake storm sewer system, as amended, has been reviewed and approved by the Minnesota Department of Natural Resources, the Nine Mile -4- Resolution No. 8146 Creek Watershed District, the City of Bloomington, the Board of Water and Soil Resources, and the City of Richfield. All necessary and required governmental approvals and permits for the overall system have been obtained; minor adjustments and necessary permit amendments will be obtained in due course. E. Wettai~ds and Mature Vegetation 1. .The proposed project necessitates a relocation of the Emerson Avenue Congregational Church and a new site has already been chosen. Although a final site design plan for the relocation of the Emerson Avenue Congregational Church has not been selected and approved, the wetland on the riew site will not be filled under any proposal. 2. The City of Richfield will employ the best management practices to limit and mitigate drainage to the wetland. Additionally, an outlet pipe may be used in the wetland to eliminate a possible increase in the elevation of the pond. 3. The wetland will not be impaired, polluted, or destroyed by the proposed project, or by any connected or phased projects relating thereto, such that there is the potential for significant environmental impacts. 4. The City of Richfield will, to the extent possible, minimize the number of trees that may be lost on the new church site. A limited number of trees, however, may be lost due to the relocation of the church. These are the only mature vegetation which may be affected by the relocation of the church. 5. The trees which may be lost are Oak trees. They are not rare, unique, endangered, nor do they have any historical significance. . 6. The loss of trees may be mitigated by replanting new trees to compensate for those lost. 7. The loss of trees, if any, will have no significant consequential effect on any other natural resources in the area. F. Economic Employment and Sociolo~2ica1 Impacts 1. Under Minn. Rules §4410.1100, subp. 6, an EAW must be prepared if there may be the potential for significant environmental effects. 2. Minn. Rules §4410.1000, subp. 1 describes an EAW as a worksheet designed to "rapidly assess the environmental effects which may be associated with a proposed project." -5- Resolution No. 8146 3. Under Minn. Rules §4410.1700, subp. 1, an EIS must be prepared if there is a potential for significant environmental effects. 4. The economic, employment and sociological issues raised by the petitioners in the petition for an EAW, do not relate to environmental concerns and do not have the - - -potential for significant environmental effects. INCORPORATION OF PRIOR STUDIES A. The proposed project site has been the subject of, or included in~, several previous studies and analyses that have extensively examined traffic and environmental issues. The following studies are incorporated into this Resolution as further foundation for the findings herein: 1. Final Environmental Assessment and Section 4(f) Evaluation for 77th Street Between I-35W and 24th Avenue, July 10, 1992. 2. I-35W Draft Environmental Impact Statement, Minnesota Department of Transportation, March, 1992. . 3. Draft Environmental Impact Statement for I-494 from I-393 to Minnesota River, Minnesota Department of Transportation, April, 1992. 4. Cultural Resources Investigation, BRW, January, 1992. 5. Phase II Archeological Testing at the Cloverleaf Site, Richfield, Minnesota, BRW, April, 1992. 6. 77th Street Reconstruction Project, Indirect Source Permit Application, BRW, December, 1992. 7. 77th Street Reconstruction Project, Noise Variance Request, BRW, December, 1992. 8. Richfield ILN Redevelopment Traffic Update, Ciry of Richfield, BRW, June, 1989. 9. ILN Redevelopment Study, City of Richfield, November, 1985. -6- Resolution No. 8146 CONCLUSIONS A. The City Council for the City of Richfield finds that the issues raised by Terry Feldman and the other petitioners, in their written petition for an EAW/EIS, fail to demonstrate that the proposed project may have the potential for significant environmental impacts, as required by Minn. Rules §4410.1100, subp. 6, or that the project has the potential for significant environmental impacts, as required by Minn. Rules §4410.1700, subp. 1. B. The petition for a mandatory EAW, a discretionary EAW, or in the alternative, an EIS, is hereby DENIED. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of May, 1994. 1 Martin J. Kirsc ayor ATTEST: Thomas P. Ferber, City Clerk -7-