HomeMy WebLinkAbout2003-044 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 03-44
RESOLUTION MAKING A NEGATIVE DECLARATION
ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE PROPOSED EAGLE BROOK CHURCH
WHEREAS, the Eagle Brook Church is considering constructing a new church on a site
within the City of Lino Lakes, and;
WHEREAS, the City received a petition requesting the preparation of an Environmental
Assessment Worksheet (EAW) for the project, under Minnesota Rules 4410.1100, and;
WHEREAS, Eagle Brook Church agreed to prepare a voluntary EAW, and;
WHEREAS, the Lino Lakes City Council makes the following specific findings of fact:
1. The City of Lino Lakes is the responsible governmental unit for the EAW.
2. An EAW was prepared and the City Council approved its distribution with Resolution
02 -142. The EAW was distributed according to the requirements of MN Rules 4410.
3. The public comment period ended November 27, 2002.
4. The City has reviewed comments on the EAW and has prepared responses to these
comments, which are included in a response document.
5. The extent to which environmental effects are subject t� mitigation by ongoing public
regulatory authority indicates that this project does not have the potential for
significant environmental effects.
6. In considering the type, extent, and reversibility of environmental effects, there will
be no significant environmental effects from the project.
7. The project involves no related developments, connected actions, or phased actions as
defined by MN Rules 4410.
8. The City Council must make either a negative declaration or a positive declaration on
the need for an Environmental Impact Statement (EIS).
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a
negative declaration regarding the need for an EIS, meaning that an EIS is not needed for
the Eagle Brook Church project as currently proposed.
BE IT FURTHER RESOLVED that if the City determines that a substantial change has
been made in the proposed project that may affect the potential for significant adverse
environmental effects, a new EAW will be required as stated in MN Rules 4410.1000,
Subpart 5.
Adopted by the Lino Lakes City Council this 2gtday of ,4p , 2003.
Al °1'EST:
•
J. B 'rgeson, Mayor
AGENDA ITEM 7 B
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: April 28, 2003
TOPIC: PUBLIC HEARING
Resolution 03 -44: Negative Declaration On The
Need For An Environmental Impact Statement
Eagle Brook Church
VOTE REQUIRED: 3/5
BACKGROUND
An Environmental Assessment Worksheet (EAW) prepared for the Eagle Brook Church
has undergone public review. The City received comments and staff distributed a draft
response document on March 19. The next step is for the City Council to make a
declaration on the need for an Environmental Impact Statement (EIS). For reasons
discussed in the response document and summarized in this report, staff is recommending
a negative declaration: a decision that an EIS is not justified.
The responses in the response document should be revised or corrected as necessary
before distribution. Several corrections are listed in Attachment A. Additional revisions
may be warranted after the public hearing. The decision resolution and the final response
document will be sent to all agencies on the EAW distribution list and to everyone who
sent in comments on the EAW.
The City Council discussed the resolution at the work session on April 9 and decided to
hold a public hearing. Resolution 03 -44 was pulled from the April 14 agenda to allow for
the public hearing on April 28.
ANALYSIS
The main issues raised by the EAW or in comments on the EAW relate to the following:
heron rookery wetlands
traffic and roadways wastewater
stormwater management visual issues
Minnesota Rule 4410.1700, Subpart 7 lists the criteria to be considered to determine if a
project has the potential for significant environmental effects —that is, if an EIS is
warranted.
Eagle Brook Church
April 14, 2003
page 2
4410.1700 DECISION ON NEED FOR EIS.
Subpart 1. Standard for decision on need for EIS. An EIS shall be ordered for projects
that have the potential for significant environmental effects.
Subp. 7. Criteria. In deciding whether a project has the potential for significant
environmental effects, the following factors shall be considered:
A. type, extent, and reversibility of environmental effects;
B. cumulative potential effects of related or anticipated future projects;
C. the extent to which the environmental effects are subject to mitigation by ongoing
public regulatory authority; and
D. the extent to which environmental effects can be anticipated and controlled as a
result of other available environmental studies undertaken by public agencies or
the project proposer, including other EISs.
Heron Rookery: The heron rookery on the island in Peltier Lake is a wonderful and
important natural resource. While unusual activity is believed to affect the rookery by
disturbing the birds, it is impossible to say specifically what has caused the abandonment
of nests in recent years.
The church building site itself is over 2500 feet from the rookery island. The property on
which the church is proposed borders the lake, but the western portion of the property
will be left largely undisturbed. The closest construction work would be about 2000 feet
from the island. This would include a new stormwater pond, grading, and the onsite
septic system. The heavily wooded area along the lake and the wetland within the woods
will not be disturbed.
The church has expressed interest in participating in a cooperative effort to continue
providing nesting forage on the church property. The Minnesota Dept. of Natural
Resources stated in its letter that "Based on the DNR's perspective, this project does not
require preparation of an Environmental Impact Statement (EIS)."
The DNR is the agency with the greatest expertise on the herons and the rookery. Since
the DNR does not believe the project warrants an EIS, there's no reason to require an EIS
based on potential impacts on the rookery.
Traffic and Roadways: The traffic generated by the proposed church would be
greatest on Sundays, with other large events occurring irregularly. The peak generation
would be 2240 trips (1120 in, 1120 out). During the week, traffic would be much less. If
the site were to develop with single family residential homes, a quick, conservative
estimate of traffic generated would be 1300 trips per weekday. The total traffic
generation would be higher with residential development.
This is not to discount residents' concern over additional traffic. However, additional
traffic will occur with or without the church. In fact, the existing transportation
infrastructure is inadequate to handle the development planned by the communities of
Lino Lakes, Hugo, and Columbus Twp., not to mention possible development in
Eagle Brook Church
April 14, 2003
page 3
Centerville. Recent discussion of a professional sports stadium and related development
in the immediate vicinity represents an extreme case of major infrastructure
reconstruction. Clearly, the road capacity issue cannot be resolved by Eagle Brook
Church.
One of the purposes of an EAW is to identify possible mitigation measures. At a
minimum, the City of Lino Lakes, Anoka County, and the Minnesota Dept. of
Transportation all must cooperate to address the problem. This also should include
Columbus Twp., Hugo, Centerville, and Washington County because they will affect and
be affected by the transportation infrastructure in the immediate vicinity of the proposed
project. All of these jurisdictions are discussing how to address the roadway issues that
are known to all of them and highlighted by this EAW.
The proposed church project does not create this problem of inadequate infrastructure.
The church project is simply the first one to confront the problem. The next development
project will face the exact same traffic issues, but on a day -to -day basis during the week.
Such impacts likely would be greater than the traffic generated by the proposed church.
The church has proposed the temporary mitigative measure of traffic control personnel at
the affected locations: Main St. and 20th Ave., the freeway ramps, and the entrance to the
site. As part of redesigning the site plans, the City and Anoka County will work with the
project proposer to examine access options such as access roads rather than just
driveways onto 20th Ave.
The solution lies in a cooperative study of the land use in the area and the transportation
infrastructure needed to support it. The problem can be corrected through cooperative
infrastructure improvements by the numerous regulatory authorities involved in planning
the infrastructure.
Stormwater Management: Water quality questions are best addressed through the
design of stormwater facilities. In the case of the proposed church, the design
incorporates numerous elements known as best management practices, or BMPs. These
include rain gardens, overland runoff, and swales, as well as native plantings around
wetlands and on a large area (40+ acres) of the site intended for prairie grasses. The
existing woodlands along the lake will remain undisturbed.
The original plan was to leave the existing "ditch" underground. The EAW analysis
resulted in a probable redesign to bring the ditch to the surface —to "daylight" it and
realign it to improve the ability to maintain flow through the site. This likely will be an
improvement over the existing situation, and would be done according to the
requirements of the Rice Creek Watershed District.
The Watershed states that is has no significant concerns about stormwater management.
The grading plan and stormwater management design are subject to review by the
Eagle Brook Church
April 14, 2003
page 4
Watershed and the City. Thus, the public regulatory agencies with jurisdiction over
stormwater management, including the ditch, will address possible impact questions.
Wetlands: The several existing wetlands on the site would experience no permanent
impacts. The Rice Creek Watershed District, the regulatory agency with jurisdiction over
wetlands, states that is has no significant concerns about wetland impacts. The grading
plan and stormwater management design will indicate possible wetland impacts. These
are subject to review by the Watershed and the City. Thus, the public regulatory agency
with jurisdiction over the wetlands will address possible impact questions.
Visual: Several comment letters included concerns about the visual impact of
lighting and of a tall church spire. The City restricts lighting with provisions in the new
zoning ordinance. Lighting must use 90 degree cutoff fixtures (e.g., shoebox type). All
applications must include a photometric plan showing the lighting brightness across the
property. Lighting can be no greater than 0.4 foot candles at a property line shared with a
residential property. The limit is 1.0 foot candles at a road centerline.
The other visual issue raised is the proposed 80 ft. spire. As can be -seen in the building
elevation attached to the response document, the "spire" is a decorative element rising 20
ft. above the pier, which is the tallest part of the actual building (60 ft.). The spire is not a
belfry or tower like many churches have. Though the final design is unfinished, the spire
may be a cross or simply a lighted element.
As with any site and building plan, the specific architectural elements would be examined
as part of the review. It is typical for applicants to work out these details in cooperation
with the City prior to final approval. Because a church requires a conditional use permit,
there would be a public hearing with final approval by the city council.
The new zoning ordinance revisions include a change relative to the issue. Previously,
the ordinance granted a blanket exemption from height requirements for church spires.
The new ordinance exempts church spires up to 60 feet. The possibility of exceeding this
remains in the ordinance, through the granting of a conditional use permit.
Therefore, the regulatory authority of the City will be used to address the visual impact
questions.
SUMMARY
The EAW analyses and the public comments do not raise the potential for significant
environmental effects. Possible impacts are not extensive or irreversible, and they can be
addressed through ongoing public regulatory authority of various jurisdictions including
the City of Lino Lakes, the Rice Creek Watershed District, Anoka County, the Minnesota
Dept. of Transportation, and others. Therefore, an EIS is not warranted.
Eagle Brook Church
April 14, 2003
page 5
OPTIONS
1. Approve Resolution 03-44 making a negative declaration on the need for an EIS.
2. Return to staff with direction.
RECOMMENDATION
Open public hearing, take comment, close hearing.
If no new substantive information is offered, staff recommends Option 1: approve
Resolution 03-44
Eagle Brook Church
April 14, 2003
page 6
ATTACHMENT A
Corrections to the Draft Response Document
Recommended corrections to the draft response document are listed below.
Page 14: The response to a comment on Item 7, regarding the spire height, should be
corrected to include the revised zoning requirements. The response should be corrected
to read as follows:
City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance
states that the building height limits established in each zoning district shall not apply
to specified uses, including farm structures, church spires up to 60 ft., belfries up to
60 ft., cupolas up to 60 ft., and other listed uses.
(third paragraph) Section 3, Subdivision 4.C.2. of the ordinance states that building
heights exceeding zoning district maximums may be allowed with a conditional use
permit. If the City allows this for the church building (other than a spire), it would be
incorporated into the conditional use permit that is required for a church.
Page 26: The response to a comment on Item 7, regarding the spire height, should be
corrected to include the revised zoning requirements. The response should be corrected
to read as follows:
City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance
states that the building height limits established in each zoning district shall not apply
to specified uses, including farm structures, church spires up to 60 ft., belfries up to
60 ft., cupolas up to 60 ft., and other listed uses. Other building elements that exceed
the height limits may be allowed by the City via conditional use permit, which would
be incorporated into the conditional use permit needed for a church.
Page 28: The response to a comment on Item 13, which was mistakenly omitted, should
read as follows:
City Response: Water usage estimates typically are similar to wastewater
estimates. Water use and wastewater assumptions in the EAW are taken from the
preliminary design report. Flow estimates in the report are based on the average daily
and peak flows at the current facility. The weekend church service averages 1400
attendees. The average wastewater flow was about 1400 gallons per day, based on
metered flows obtained from White Bear Township. This works out to an average of
a gallon per day per attendee. The new church, with the possible expansion, would
have 2800 seats, which would generate about 2800 gpd. An estimate of peak
attendance used a 150% multiplier. This resulted in 4200 gpd peak flow: 2800 x
Eagle Brook Church
April 14, 2003
page 7
150% = 4200. (This is explained in the attached information on the proposed onsite
septic system.)
If a church connects to a public sewer system, it is charged one SAC (sewer access
charge) unit for every 275 seats. On this project, this would calculate out to 10 SAC
units: 2800/275 = 10.18. Each SAC unit represents 274 gpd of wastewater flow, so
10 SAC units represents 2740 gallons per day. This is comparable to the 2800 gpd
preliminary design estimate.
Page 44: The response to a comment on Item 7 includes three paragraphs. The second
paragraph should be amended to read as follows:
City Response: Section 3, Subdivision 4.C.1. of the Lino Lakes zoning ordinance
states that the building height limits established in each zoning district shall not apply
to specified uses, including farm structures, church spires up to 60 ft., belfries up to
60 ft., cupolas up to 60 ft., and other listed uses.
Page 52: The second sentence of the response to a comment on Item 25b should be
corrected as follows:
City Response: The question in Item 25.b. is whether there are prime or unique
farmlands or agricultural preserve land on or near the site. The answer, as stated in
the EAW, is that one soil classification on the site is considered prime farmland. The
site is ...