HomeMy WebLinkAbout2005-051 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 05-51
SOLUTION ORDERING PREPARATION OF AN
ALTERNATIVE URBAN AREAWIDE REVIEW
OF THE NORTHEAST I -35E CORRIDOR AREA
WHEREAS, the northeast portion of the City of Lino includes identified growth areas,
existitigaural land uses, existing commercial uses, the Rice Creek Chain of Lakes
Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation
condors; and
WHEREAS, development of the area likely will require environmental review for
numerous development projects in accordance with the Minnesota Environmental Review
Pram; and,
WHEREAS, the Minnesota Environmental Review Program rules provide for an
Alternative Urban Areawide Review (AUAR); and,
WHEREAS, the City of Lino Lakes is the Responsible Governmental Unit (RGU); and,
WHEREAS, the AUAR process gives the City the opportunity to assess the impact of
potential development on the area's natural resources prior to receiving and considering
:individual development proposals for approval; and
WHEREAS, an Advisory Panel consisting of property owners within the study area and
representatives from the Planning & Zoning Board, Environmental Board, and Economic
eyelopment Advisory Committee, have reviewed background studies and development
scenario alternatives and the City Council has received input from this group; and
WHEREAS, a group of representatives of numerous local, state, and federal agencies
have' reviewed background studies and development scenario alternatives; and
WHEREAS, the AUAR study area includes approximately 4600 acres and is depicted on
the attached "AUAR Boundary Map" (Exhibit A); and
WHEREAS, the anticipated nature and intensity of development to be analyzed is
represented by three development scenarios:
1. A scenario consistent with the comprehensive plan adopted in 2002 (Exhibit B)
2. A scenario representing known development plans and a commercial /industrial
emphasis (Exhibit C)
3. A scenario representing a residential emphasis (Exhibit D)
NOW, THEREFORE, BE IT RESOLVED that, an AUAR shall be prepared pursuant to
• Minnesota Rules 4410.3610 Subp.3, to meet all applicable requirements set forth in
Minnesota Statutes Chapter 116D and Minnesota Rules Chapter 4410.
Passed by the Lino Lakes City Council this % / - • day of
ATTEST:
Ann Bla%f,�City Clerk
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2005.
Resolution 05 -51, page 2
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AGENDA ITEM 6 A
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: April 11, 2005
TOPIC: Resolution 05 -51: Authorizing Preparation of
Alternative Urban Areawide Review (AUAR)
VOTE REQUIRED: 3/5
BACKGROUND
In October 2004, the City Council approved a contract for professional services for
determining a preferred development scenario and preparing an Alternative Urban
Areawide Review (AUAR). The study area includes 4600 acres of the eastern portion of
Lino Lakes. The process has included extensive research and an advisory panel of study
area stakeholders. This advisory panel met eight times to learn about and discuss
background information and to assist in the creation of development scenarios. The
process also included five meetings with a group of local, state, and federal agencies for
input on the background research. As the process evolved, three development scenarios
emerged, no single one of which is preferred over the others.
Resolution 05 -51 authorizes the preparation of the draft AUAR document. The
development scenarios will be analyzed for potential environmental impacts. A
mitigation plan will be created to address the environmental impacts.
Once it is prepared, the draft AUAR will be brought to the Environmental Board and the
advisory panel for discussion and revisions. It then will be brought to the City Council
for discussion and revisions. The City Council will authorize the distribution of the draft
for public comment. This will begin a 30 -day public comment period.
Information Requested at March 29th Special Work Session
The City Council discussed project at a special work session on March 29 devoted
exclusively to the AUAR. Council members requested additional information or
clarifications, as discussed below.
Greenways Map of Comprehensive Plan: The comprehensive plan includes a
map of conceptual greenways (Exhibit 1). Greenways are corridors of protected open
space managed for conservation and recreational purposes. The greenways on the map
are conceptual and are to be further defined through environmental inventory and
development review process. The City has conducted several environmental inventories
in recent years. The parks and open space plan, adopted in 2004, lays out natural
environment protection, conservation, and enhancement areas. These areas include the
conceptual greenways and add even more areas for conservation attention. Background
Resolution 05 -51
Authorizing AUAR Preparation
page 2
research for the AUAR went into further detail and produced a conservation development
framework (Exhibit 2) that is yet more extensive than the parks and open space map. The
mitigation plan for the AUAR will include greenway protection measures.
Mailing List for Comments: The state rules governing environmental review
requires that the Environmental Quality Board maintain a mailing list. Environmental
documents must be sent to the agencies on the list for comments. The rules require that
an AUAR be sent to agencies on the EAW list (Exhibit 3).
Prohibition On City Approvals of New Projects: Once the AUAR is ordered,
the City can not give final approvals to any project that would require an environmental
review until the AUAR process is completed. This is governed by state rules (Exhibit 4).
Copy of Presentation At Special Work Session: Prints of the slide
presentation from the special work session on March 29 comprise Exhibit 5.
Description and Comparison of Development Scenarios: Our consultants
described the development scenarios at the work session, but it is important to understand
them. The maps in Exhibit 6 break down the development scenarios into subareas to help
compare the three scenarios.
John Shardlow of DSU, our primary consultant on the project, is present at the meeting to
answer additional questions.
Exhibits
Resolution 05 -51 includes Exhibits A, B, C and D. These are the study boundary map
and the three development scenarios (which were in the packet for the special work
session.) Note that these exhibits are different from Exhibits 1 -6, referred to above.
OPTIONS
1. Approve Resolution 05 -51 authorizing the preparation of the AUAR.
2. Return to staff with direction.
RECOMMENDATION
Option 1
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EXHIBIT 1: PROPOSED LAND USE WITH GREENWAYS map from
comprehensive plan
EXHIBIT 2: Conservation Design Framework map
EXHIBIT 3: EAW Distribution List (agency mailing list)
EXHIBIT 4: Minnesota Rules excerpts, 4410.3600 and 4410.3100
EXHIBIT 5: Slide presentation from March 29 special work session
EXHIBIT 6: Development scenario comparisons
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EXHIBIT 1
LAND USE PLAN
PROPOSED LAND USE WITH GREENWAYS
Legend
Low Density, Unsewered Residential
Low Density, Sewered Residential
Medium Density Residential
High Density Residential
Commercial
Mixed Use
05
Industrial
Public/Semi- Public
rr,� Manuactured Home Park
/f Performance Land Use Area
Rural Land Use
En Private Airfield
2
'Greenway Corridors are conceptual end will be further defined through the
Environmental Inventory and Development Review Processs.
Miles
Ell Growth Staging 1 Growth Area 1998 -2010
2 Growth Area 2010 -2020
Gm= MUSA
Greenways
Lakes
0
This map is for planning purposes only
August 20, 2002
COMPREHENSIVE PLAN UPDATE
77
LINO LAKES
DEVELOPMENT FRAMEWORK
EXHIBIT 2
: ,�..._
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Conservation Design Framework
City of Lino Lakes. Minn=esota
135E Cnrridcr AUAP Sivdy
Minnesota Environmental Quality Board
Environmental Review Program
EAW Distribution List
March 2005
EXHIBIT 3
Note: Approximately 25 copies are needed for distribution. For further information about this list,
contact the EQB at 651- 296 -8253 (metro) or 1- 800 - 657 -3794 (nonmetro).
State Agencies
Department of Agriculture (1 copy)
Becky Balk
90 W. Plato Blvd.
St. Paul, MN 55107
Department of Commerce (1 copy)
Marya White
85 Seventh Place East
Suite 500
St. Paul, MN 55101
Environmental Quality Board (1 copy)
Environmental Review Program
300 Centennial Office Building
658 Cedar St.
St. Paul, MN 55155
Department of Health (1 copy)
Environmental Health Division
Policy, Planning & Analysis Unit
121 E. Seventh Place, Suite 230
St. Paul, MN 55101
Historical Society (1 copy)
State Historic Preservation Office
345 Kellogg Blvd. W., Level A
St. Paul, MN 55102
Department of Natural Resources (3 copies)
Thomas W. Balcom
Environmental Review Unit
500 Lafayette Road
St. Paul, MN 55155 -4010
Pollution Control Agency (3 copies)
Beth Lockwood, Supervisor
Env Review Unit/Majors/Rem Division
520 Lafayette Rd.
St. Paul, MN 55155
Department of Transportation (3 copies)
Gerald Larson
Mn/DOT Environmental Services
395 John Ireland Blvd, MS620,
St. Paul, MN 55155
Board of Water and Soil Resources (1 copy)
Jim Haertel
520 Lafayette Rd.
St. Paul, MN 55155
Libraries
Legislative Reference Library (I copy)
Carol Blackburn
645 State Office Building
100 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
Technology and Science (2 copies)
Minneapolis Public Library
250 Marquette Avenue
Minneapolis, MN 55401
Federal
U.S. Army Corp of Engineers (1 copies)
Tamara Cameron
Regulatory Functions Branch
Army Corps of Engineers Center
190 Fifth St. E.
St. Paul, MN 55101 -1638
U.S. Environmental Protection Agency (1 copy)
Kenneth Westlake
Environmental Planning And Evaluation Unit
77 W. Jackson Blvd., Mailstop B -19J
Chicago, IL 60604 -3590
U.S. Fish and Wildlife Service (1 copy)
Twin Cities Field Office E.S.
4101 E. 80th St.
Bloomington, MN 55425 -1665
Regional
Metropolitan Council (NOTE: 5 copies IF the project is
in the seven county metro area)
Review Coordinator
Planning and Technical Assistance Unit
230 E. Fifth St.
St. Paul, MN 55101 -1626
Other
National Park Service (1 copy)
Stewardship Team Manager
111 East Kellogg Blvd., Suite 105
St. Paul, MN 55101 -1288
(If project is located within, or could have a direct impact
upon, the Mississippi River Critical Area/Mississippi National
River and Recreation Area. This is the 72 -mile stretch of river
from the mouth of the Crow River at Dayton/Ramsey to the
Goodhue County border.)
Also distribute copies to:
• Project proposer
• Local unit of government corresponding to project jurisdiction, such as the county planning and
zoning office, township, watershed district, soil and water conservation districts, water
management organizations
• Regional Development Commission, where applicable (see attached lists and map)
• Regional Development Library for the region in which the project site falls (see attached lists and
maps)
• Representatives of petitioners if the review was initiated by a citizens petition
• Any other person who has submitted a written request for notification
Press Release
A press release must be provided to at least one newspaper of general circulation in the project area
within five working days of EAW distribution. The release must include the name, location and a
brief description of the project; location(s) where the EAW can be reviewed; the comment period
deadline (call the EQB if unknown); and to whom comments should be submitted.
State Agencies
Draft Environmental Impact Statement Distribution List
Board of Water and Soil Resources (1 copy)
Jim Haertel
520 Lafayette Rd.
St. Paul, MN 55155
Department of Agriculture (1 copy)
Becky Balk
90 W. Plato Blvd.
St. Paul, MN 55107
Department of Commerce (1 copy)
Marya White
85 Seventh Place E.
Suite 500
St. Paul, MN 55101
Environmental Quality Board (1 copy)
Environmental Review Program
300 Centennial Building
658 Cedar Street
St. Paul, MN 55155
Department of' Health (1 copy)
Environmental Health Division
Policy, Planning & Analysis Unit
121 E. Seventh Place, Suite 230
St. Paul, MN 55101
Department of Natural Resources (3 copies)
Thomas W. Balcom
Office of Planning
500 Lafayette Road, Box 10
St. Paul, MN 55155
Pollution Control Agency (3 copies)
Beth Lockwood, Supervisors
Environmental Review Unit
520 Lafayette Road
St. Paul, MN 55155
Department of Transportation (3 copies)
Gerald Larson
Mn/DOT Environmental Services
395 John Ireland Blvd., MS620
St. Paul, MN 55155
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Libraries
Legislative Reference Library (1 copy)
Carol Blackburn
645 State Office Building
100 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
Technology and Science (2 copies)
Minneapolis Public Library
250 Marquette Avenue
Minneapolis, MN 55401
Federal
U.S. Army Corp of Engineers (1 copies)
Tamara Cameron
Regulatory Functions Branch
Army Corps of Engineers Center
190 Fifth St. E.
St. Paul, MN 55101 -1638
Regional
Metropolitan Council (Send 5 copies IF the
project is in the seven county metro area)
Review Coordinator
Planning and Technical Assistance Unit
Metropolitan Council
230 E. Fifth St.
St. Paul, MN 55101
(See next page for one more organization to mail
EIS.)
•
Subp. 4. Variance. Construction may begin on a project if the proposer applies for and
is granted a variance from subparts 1 and 2. A variance for certain governmental
approvals to be granted prior to completion of the environmental review process may
also be requested. A variance may be requested at any time after the commencement of
the 30 -day review period following the filing of an EAW. The proposer shall submit an
application for a variance to the EQB together with:
A. a detailed explanation of the construction proposed to be undertaken or the
governmental approvals to be granted;
B. the anticipated environmental effects of undertaking the proposed construction or
granting the governmental approvals;
C. the reversibility of the anticipated environmental effects;
D. the reasons necessitating the variance; and
E. a statement describing how approval would affect subsequent approvals needed
for the project and how approval would affect the purpose of environmental review.
Subp. 5. Variance applications. The EQB chair shall publish a notice of the
variance application in the EQB Monitor within 15 days after receipt of the application.
The EQB chair shall issue a press release to at least one newspaper of general
circulation in the area where the project is proposed. The notice and press release shall
summarize the reasons given for the variance application and specify that comments on
whether a variance should be granted must be submitted to the EQB within 20 days after
the date of publication in the EQB Monitor.
Subp. 6. Granting variance. At its first meeting more than ten days after the
comment period expires, the EQB shall grant or deny the variance. A variance shall be
granted if:
A. the RGU consents to a variance;
B. on the basis of the variance application and the comments, construction is
necessary in order to avoid excessive and unusual economic hardship, or avoid a serious
threat to public health or safety. Unusual economic hardship is hardship caused by
unique conditions and circumstances which are peculiar to the project and are not
characteristic of other similar projects or general economic conditions of the area or
state. It does not include hardship caused by the proposer's own action, or inaction, if
the hardship was reasonably foreseeable;
C. on the basis of the variance application and the comments, the construction for
which the variance is sought will not have a serious adverse effect on the environment;
and
D. on the basis of the variance application and the comments, the construction for
which the variance is sought is separable from the remainder of the project and would
not have the effect of eliminating from consideration any feasible and prudent
alternatives or mitigation measures likely to be presented in an EIS.
Subp. 7. Written notice. The EQB shall set forth in writing its reasons for granting
or denying each request for a variance.
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EXHIBIT - •
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City Council Passes
Resolution Ordering
AUAR - April 11
- Defines geographic
boundaries
- Defines development
scenarios
Final AUAR and
Final Mitigation Plan
Adoption of FAUAR
and Mitigation Plan
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EXHIBIT 6
'35E-
Scenario One: City of Lino Lake Comprehensive Plan
City of Lino Lakes, Minnesota
F35E Corridor AUAR Study
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nd Uses in Sub Area 1
Ira! Land Use
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SCENARIO 1: City of Lino Lakes Comprehensive Plan
SCENARIO 2: Know Plans & Commercial & Industrial Emphasis
SCENARIO 3: Residential Emphasis
tie
April 1, 2005
014000/4468 Lino Lakes AUAR/Images/Sub area maps/Subareas.cdr
•
lit :4'z„M...SCsri
Land Uses in Sub Area 2
Scenario 1
Scenario 2
Scenario 3
Rural Land Use
872
57
51
LOUR
14
LDSR
Low - Medium Density Residential
387
501
MDR
Medium -High Density Residential
32
130
HDR
30
Commercial
200
112
Industrial
198
50
Church
Regional Park /Peltier Lake and Rice Creek
Other Water and Open Space
11
10
10
Right -of -Way
12
12
TOTAL
896
896
896
•
Sub Area 2
Land Use Plan Scenario:
City of Lino Lakes, MinnesotE
I -35E Corridor AUAR Stud ■
SCENARIO 1: City of Lino Lakes Comprehensive Plan
,i)11
..
tr
April 1,2005
0:14000/4468 Lino Lakes AUARrImages/Sub area maps/Subareas.cdr
•
SCENARIO 2: Know Plans & Commercial & Industrial Emphasis
Land Uses in Sub Area 3
Scenario 1
Scenario 2
Scenario 3
Rural Land Use
LOUR
37
37
37
LDSR
214
45
45
Low-Medium Density Residential
93
93
MDR
Medium-High Density Residential
HDR
76
76
Commercial
Industrial
Church
91
91
91
Regional Park/Peltier Lake and Rice Creek
Other Water and Open Space
Right-of-Way
TOTAL
343
343
343
•
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Sub Area
Land Use Plan Scenario
City of Lino Lakes, MinnesotE
I-35E Corridor AUAR Stud!
SCENARIO 1: City of Lino Lakes Comprehensive Plan
April 1, 2005
0J4000/4468 Lino Lakes AUAR/Images /Sub area maps /Subareas.cdr
•
SCENARIO 2: Know Plans & Commercial & Industrial Emphasis
Land Uses in Sub Area 4
Rural Land Use
LDUR
LDSR
Low - Medium Density Residential
Scenario 1
Scenario 2
112
Scenario 3
330
MDR
Medium -High Density Residential
HDR
Commercial
Industrial
87
26
57
771
133
122
439
172
36
65
204
Church
Regional Park/Peltier Lake and Rice Creek
Other Water and Open Space
Right -of -Way
100
35
98
35
TOTAL
•
940
940
940
SCENARIO 3: Residential Emphasis
M
Sub Area I
Land Use Plan Scenario;
City of Lino Lakes, Minnesota
I-35E Corridor AUAR Stud'
SCENARIO 1: City of Lino Lakes Comprehensive Plan
SCENARIO 2: Know Plans & Commercial & Industrial Emphasis
SCENARIO 3: Residential Emphasis
April 1, 2005
0J4000/4468 Lino Lakes ALIAR/Images /Sub area mapslSubareas.cdr
•
Land Uses in Sub Area 5
Scenario 1
Scenario 2
Scenario 3
Rural Land Use
LDUR
LDSR
Low - Medium Density Residential
MDR
Medium -High Density Residential
HEIR
Commercial
14
14
14
218
206
206
Industrial
301
301
301
Church
Regional Park/Peltier Lake and Rice Creek
Other Water and Open Space
Right -of -Way
TOTAL
21
21
21
4
16
16
558
558
558
m
Sub Area f
Land Use Plan Scenario:
City of Lino Lakes, Minnesota
I -35E Corridor AUAR Stud ■
SCENARIO 1: City of Lino Lakes Comprehensive Plan
April 1, 2005
0:14000/4468 Lino Lakes AUAR/ImageslSub area maps/Subareas.cdr
•
SCENARIO 2: Know Plans & Commercial & Industrial Emphasis
SCENARIO 3: Residential Emphasis
Land Uses in Sub Area 6
Scenario 1
Scenario 2
Scenario 3
Rural Land Use
LDUR
24
LDSR
Low - Medium Density Residential
48
48
MDR
101
Medium -High Density Residential
77
77
UDR
Commercial
Industrial
Church
Regional Park /Peltier Lake and Rice Creek
Other Water and Open Space
Right -of -Way
2
2
2
TOTAL
128
128
128
®IINIUN in I® I Mill NI14
SubAreaf
Land Use Plan Scenario
City of Lino Lakes, MinnesotE
I -35E Corridor AUAR Stud'