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HomeMy WebLinkAbout4.A. Consideration of a Commercial Exterior Improvement Program Loan for Valley Sports, 102 West 1st Avenue, Shakopee General Business Lj./� �1 SHAKOPEE TO: Economic Development Authority FROM: Samantha DiMaggio,Economic Development Coordinator DATE: 10/01/2013 SUBJECT: Consideration of a Commercial Exterior improvement Program Loan for Valley Sports, 102 West l st Avenue, Shakopee. Background Valley Sports, 102 West 1 st Avenue, Shakopee, has requested assistance in the form of a deferred loan from the City's Commercial Exterior Improvement Program(previously the Fagade Improvement Program).If the application is approved,the following work will be done to the exterior of the building: •Paint •Block Repair •Powerwashing of the building •Awning Replacement The total estimated costs are$6,675. The program covers 50%of the total costs,therefore Valley Sports would be eligible for$3,337.50 in the form of a deferred/forgiveable loan. The Commercial Exterior Improvement Committee(EDAC member,Historic Preservation Advisory Committee member and City Staff)met on Tuesday, September 10th and recommended that this loan be approved. Action Sought If the EDA concurs, it should by motion approve a Commercial Exterior Improvement Loan in the amount of$3,337.50 and authorize the appropriate officials to enter into Repayment Agreement with Valley Sports. Attachments: Pictures Valley Sports Application LA � M V UL Q L 4J � V^ 4--, ® U- t x l x Y' t \+ 4 t1`Y�x C� v "��1 .T. " 1114 as pok - � z "1 } ,:1st• i. „ � J ^��,#•��. TY 1..w.j. � �.. r 4 . t` � � ¥ a t r 5� A 1 ti ■ 4 l €. �� r S t �'§�. ", Alt 1 31W U, S All ............................. Y i Ik}j��jt Y' •i 1. T" " ��# �•"�• :+tit '-a y, 4 ti a � . OWN dj �7 '4 inq { VIC 3 } kr Re 1 ' ��' I t i i r jjr rJjjrr) r r �( / ow . �w was r W `� ,^=�a.rare tartar • f t „ ae�•zrrre�.errar '� r _��� .�, Yom.-- -� 1 CITY OF SHAKOPEE Fagade Improvement Program Application for Deferred Loan I. Applicant Information ll Name of Applicant D f ,V jO �U Date of Birth 025 Applicant's primary agent Date of Birth Name of Co-Applicant/Property Owner Date of Birth Tax ID# (if applicable)� c303 I Address b a 4A-) Street City State Zip Telephone# " q37- U7� a(�a 3 3�© Home Work II. Property Information Address of Building to be Rehabbed © ��� S� J �j [{, bP Property Identification Number(PIN) 7 L-OCr Contact Person f►U 6 SAOSCA) Work Phone Number .sa-- q-k,�;- c3 3V0 Cell Phone Number (0(a_- U7 X S E-mail address 0ALL F_ 1 5 0;), -k/kct, COm Age of Building 117 Number of Stories 0 Date of Last Exterior Renovation (if applicable) ] Estimated Market Value t Current Annual Property Taxes 3 -vo , LV Gross area of building sq. ft. (exclude non-habitable space such as attics, basements, etc.) C:\Users\kholtz\Downloads\facade loan application_final_08302012.doc 2 Gross area of non-residential space 3 a co (include commercial, office, etc.) Existing building use(s): R JF — Proposed building use(s): R f/� I I-- III. Ownership Information Ownership Interest in property to be improved: El Contract for Deed (Title "Free and Clear" ❑ Mortgage ❑ Other: Specify: Name(s) on Title: Specify ownership interest of each individual named on the title (joint, tenants-in-common, life estate, partnerships, corporations, etc): Amount of outstanding principal owed on building: $ C-) Please attach a copy of the most recent Property Tax Statement from the County Assessor's Office and Proof of Insurance on the building. IV. Estimated Rehabilitation Costs and Requested Loan Information Please describe proposed improvements: (please attach additional pages, including: any photos of the existing building prior to planned improvements; renderings and/or plan drawings showing proposed improvements; contractors' bids or proposals obtained by the applicant. Please itemize costs when possible.) Describe the expected impact of the proposed improvements on adjacent or nearby businesses. (In other words, do you have reason to know or believe that other business owners are likely to improve their properties if the outcome of your improvements is positive.) C:\Users\kholtz\Down loads\facade loan application_final_08302012.doc 3 Estimated Total Cost of Proposed Rehabilitation Work: $ 6,675 Requested Loan Amount from the Facade Improvement Program —Loan amount may be up to 40% of the total construction costs, with a maximum of$15,000. $ 2,670 Source of Remaining Funds ❑ Personal Savings ❑ Private-Sector Loan (Institution: &RtVnw � Sri'kv�-' ❑ Other submittals: (e.g., pro forma, profit and loss statement, personal guarantees) Building Permits & Inspections Applicant is responsible for obtaining appropriate building permits, per the Shakopee City Code. In the case of improvements that do not require a city-issued building permit, the applicant must submit the name and state license number of the contractor completing the work and agree to an inspection of the work by a city building official. Loan Disbursement Awarded loan funds will be dispersed to the applicant upon submittal of receipts or invoices for supplies purchased and work completed, and verification by the City that the receipts and invoices are bona fide. V. Certification City staff or other authorized representatives of the City shall have the right to inspect the property to be improved at any time from the date of application upon giving notice to the property/building owner and to the occupants. C:\Users\kholtz\Downloads\facade loan application—final 08302012.doc 4 I/We certify that all statements on this application are true and correct to the best of my/our knowledge. Me understand that any intentional misstatements will be grounds for disqualification. I/We authorize program representatives the right to access the property to be improved for the purpose of the deferred loan program and to take photographs of the structure before and after rehabilitation. I/We further understand that I/we will make the final selection of the improvements to be made with the loan funds and that the contract for improvements will be solely between me and the contractor(s). The administering agency will not be liable for the inadequate performance of the contractor(s). Aatj-S D ' !3 A pp licant ate Co-Applicant Date C:\Users\kholtz\Downloads\facade loan application_final_08302012.doc 5 DATA PRACTICES ACT The following notice is provided for those applicants for the Shakopee Downtown Fagade Improvement Program that are individuals. The following does not apply in cases where the applicant is a non-individual,such as a corporation. (TENNESSEN WARNING) In accordance with the Minnesota Government Practices Act,the City of Shakopee is required to inform you of your rights as they pertain to the private information collected from you. Private data is that information which is available to you,but not to the public.The personal information we collect about you is private;however,your name, address,and the amount or value of the approved loan funds are public The information collected from you or from other agencies or individuals authorized by you is used to determine your eligibility for the Facade Improvement Program. The dissemination and use of the private data we collect is limited to that necessary for the administration and management of the Fagade Improvement Program.Persons or agencies with whom this information may be shared include: 1.City of Shakopee personnel administering the Fagade Improvement Program. 2.Individuals charged by the city with reviewing applications and making recommendations to the Shakopee EDA. 3.Members of the Shakopee Economic Development Authority(only that information needed to approve the application for loan funds and/or payments to contractors). 4. Federal,State, County, local and contracted auditors. 5.The contract for deed holder(only that you are a loan recipient and the amount of the loan). 6.Law enforcement personnel in the cases of suspected fraud. 7.Those individuals or agencies to which you give your express written permission. Unless otherwise authorized by State statute or Federal law,other government agencies utilizing the reported private data must also treat the information as private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices ACT.The rights include: 1.The rights to see and obtain copies of the data maintained on you, 2.To be told the contents and meaning of the data and, 3.To contest the accuracy and completeness of the data. To exercise these rights contact: Mark Noble,City of Shakopee, (952)233-9348. 1 have read and understood the above information regarding my rights as a subject of government data. Dat Applicant Co-Applicant C:\Users\kholtz\Downloads\facade loan application_final_08302012.doc 4 JEFF SIEVEK �y •" .-��f15,% / J' ' r Owner 754 Theis Drive .L Shakopee,MN 55379 Office:(952)496-2221 PROPOISAL SUBIMl f i ED TO: WORK T( "Expfflence That Shows" Fax:(952)496-2221 ht.ti ern kC DFc`` Mobile:(952)292-3751 Email:TheMastersWaylnc @msn.com OF Flu"1481 3 i t . > i.,'j`G i er°} ;�irCpCS tr3 iLfi�tSf, .ftx�iiic,L;.,i ..tilt r1 iforif the t If1Gi':t r_4ESSg,�t --— -- — - Xuz1 ,� f'!�! .�1df '_ .j'�i�f''L.?:d?L•a,_, _ J. y rxy All material I6 guaranteed'f0 rt' as specified, and the.above wr0rfc .#c� I:,e pecf0l Ic in accordance vvithl t;�e drav ings ahc1 <,pecifi cations auht??stied r`ar abutre iarc,r c and e ompleted ii?a suhstat?tiel`r�'arktnaniii e rnanner for the sure o? with payment s to f e n?ade as follows. Respectfully submitted __-- ---- My 'sterat:on or deviation from above spend albis in o,virg extra costs viU be executed only upon sa(ittsn order, and i!oec,m. an exha charge l�Fl- oter and sbo�:e the estimate. Ali agreems-s c r"ingen! up,h strikes, se- -- y cif=its.or delays beyond our control. Nnti v`This proposal npay be withdrawn ----- — ---- _— by us if not rte�pteJ'^+itltili m>;—��clays v AC CEP AI�fG C7t F'f�OPO-SAL s -- f h8':stbOVF.'prlG.Pri SI)eGlfiCaiiQrf6 anr� i C}t?�iii0fir:'ar uafi.fcP t01'}' e?n arc.hK rPt 4r';"kc t.fptE?t�. YOU:.i(�t cliMicirized to do the ivcirk JC-soc ific.d. i=�%;;Vmoiits.will b2 I1lado .. Sig i att is:---- a Date ------ -— — --- --» Sidr eat fp PROPOSAL A W N N 6 www.acmeawning.com 3206 BLOOMINGTON AVE. • MINNEAPOLIS, MN 55407 • PHONE(612)722-2731 • FAX(612)722-2930 Proposal Submitted To Work To Be Performed At Name Street — Street City State city State Phone Number f We hereby propose to furnish the materials and perform the labor necessary for the completion of V All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars($ with payments to be made as follows: Any alteration or deviation from above specifications involving extra Respectfully submitted costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements cont- Per ingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's compensation and Public Liability Insurance on Note—This propos almgfy be withdrawn and above work to be taken out by by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date Signature qla /_3 Repairs plywood concrete 600.00 Main portion 5661.67 Stair Case 1275.00 Upper level 600.00 8136.67 GK Painting 815 Creek wood Chaska MN 55318 952 215 8325 gikoebnick @gmail.com Leaders in design and fabrication of customized Awnings 'Signs Illuminated & Traditional Awnings and Signs Cloquet: 218.879.9712 Minneapolis: 612.870.7634 Toll Free: 600.566.8368 Fax: 218. 379.2936 Email sales(q'.advancedawning.com 1600 29th Street. Cloquet,MN 55720 From: Dean Hafner dean @advancedawning.com; Cell: 612-839-0581 August 20, 2013 Dave's Valley Sports Shakopee, MN Attention: Dave Jansen Retractable Awning Recover Quantity 1 Style/Shape Retractable Awning Length 161111 Projection 78" Valance 9" Graphics As per Existing Customer to provide vectorized .eps file for custom artwork and logos Fabric Sunbrella Acrylic Substrate, 10 year limited warranty Frame 1"welded aluminum tube Completion New Cover Installed, Price does not include repairs to existing awning Cost: $2,585.00 (50% due upon signing, balance due upon completion) • Time to produce or digitize logos, artwork, or text, if the customer cannot provide, will be charged at$65.00 per hour and will be added to the invoice. • Customer retains the responsibility for any building and/or sign permits. The cost is not included in this proposal. All permits obtained by Advanced Design will have the cost added to the invoice. Any additional outside engineering required in the permitting process will be added to the invoice. Advanced Design Awnings&Signs is not responsible for any on-site electrical or for preparation of mounting surface. The building must be awning or sign ready prior to installation. Price does include sales tax. Illuminated awnings and signs are UL listed. Payment is to be made as follows: 50%deposit is to be submitted with acceptance of this proposal. Any production work associated with this proposal will not begin until deposit is received from customer. Balance is due upon final installation, any balance due after installation is subject to a 1.5% per month finance charge. Our accounting department is responsible for approving any changes to this payment agreement. **Retention of Title: Advanced Design owns the awnings and/or signs until balance is paid in full. **Enaineerina Charges: Additional charges may be applied and added to total cost if customer chooses to make changes to design following signature to frame drawings and/or art data. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. This proposal is good for 30 days. X:\Valley Sports Share File\Vendors\Advanced Awning\Daves Valley Sports PROPOSAL.doc 1 pwtm General Business 10. A. 1. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director DATE: 10/01/2013 SUBJECT: City Council determination that the Environmental Assessment Worksheet(EAW) for the Opus project known as Valley Park Business Center 2nd Addition is sufficient, and an Environmental Impact Study (EIS) is not required. (B) Action Sought Offer and pass Resolution No. 7368, a resolution declaring the adequacy of the EAW for Valley Park Business Center 2nd Addtion. Background Opus desires to develop the property adjacent to the Emerson project. The development potential for the site triggers a mandatory EAW. For the EAW, the City is the Responsible Governmental Unit(RGU), and its consultant WSB has prepared the EAW and managed the review process on the City's behalf. Based on the comments received in connection with the EAW and the responses to those comments, WSB has concluded, and recommended to the City Council, that the EAW is adequate and no further environmental review is required. Attached for the City Council's information and determination are a) WSB's memo regarding this EAW and the review process, b) a matrix of comments received and responses to them, c) findings of fact and conclusions, and d)Resolution No. 7368 declaring the adequacy of the EAW. Recommendation Staff recommends approval of the Resolution No. 7368 declaring the adequacy of the EAW for Valley Park Business Center 2nd Addition.. Budget Impact There is no direct budget impact from the requested action. Relationship to Vision The proposed action relates to City Goal B. Positively manage the challenges and opportunities presented by growth development and change. Requested Action Offer and pass Resolution No. 7368, a resolution declaring the adequacy of the EAW for Valley Park Business Center 2nd Addition. Attachments: EAW memo EAW comment EAW Findings EAW Res No. 7368 ,,AA,A WSB Associates. engineering•planning-environmental•construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541 4800 Fax: 763-541-1700 Memorandum To: Michael Leek, City of Shakopee Copy: Bruce Loney, City of Shakopee Tony Phelps, Opus Development Company,L.L.C. From: Andi Moffatt, WSB &Associates Kelsey Johnson, WSB&Associates Date: September 26, 2013 Re: Valley Park Business Center EAW WSB Project No. 01756-100 Overview/Background The public comment period for the Valley Park Business Center West Environmental Assessment Worksheet(EAW)ended September 18,2013. The purpose of the EAW is to identify potential environmental impacts and to determine whether or not an Environmental Impact Statement(EIS)is required. An EIS is a more extensive environmental review process than an EAW. Determining whether or not an EIS is needed does not equate to providing approval or denial for the project. The decision before the City Council regarding the EAW is to decide whether or not the project has the potential for significant environmental impacts that cannot be addressed through the permitting processes. If the Council determines that the project does not have the potential for these significant environmental impacts,the Council should issue a"Negative Declaration of Need for an EIS". If the Council determines that the project does have the potential for significant environmental impact that cannot be addressed through the permitting and approval process,the Council should require an EIS. Based on the information in the EAW and review agency comments regarding the EAW,the project does not have the potential for significant environmental impacts that cannot be addressed as part of the permitting and review process. Therefore,it is our recommendation that an EIS is not required. Supporting Documentation Enclosed,please find the following items for your review relating to the EAW: • Finding of Fact on the need for an Environmental Impact Statement(EIS); • Draft Comment Response Matrix Memo dated September 26, 2013; and • Draft Resolution Issuing a Negative Declaration of Need for an Environmental Impact Statement (EIS). Equal Opportunity Employer wsbeng.com C:\Users\mlmk\Do loads\MEMO-092613 Valley Perk EAWResolution fNegative Impat.dw September 26,2013 Page 2 Recommendation Based on the review completed by WSB&Associates,Inc., it is our recommendation that an EIS is not needed for this project. It is recommended that the City Council approve the resolution issuing a negative declaration of need for an Environmental Impact Statement(EIS)for the Valley Park Business Center West. 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Scenario 1 is anticipated to include construction of approximately 699,100 sf of light industrial warehousing and office space and Scenario 2 includes approximately 726,000 sf of light industrial warehousing and office space. Pursuant to Minnesota Rules 4410.4300, subp. 14, an Environmental Assessment Worksheet(EAW)has been prepared for this proposed project. As to the need for an Environmental Impact Statement(EIS) on the project and based on the record in this matter, including the EAW and written comments received,the City of Shakopee makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project Scenario 1 involves 42.0 acres to construct up to 669,100 sf of office and warehousing space. This project is not anticipated to remove wooded area, nor have any impacts on wetlands. Construction of storm water treatment areas will occur regionally on neighboring property and portions of these ponds already exist. The development has the potential for approximately 27.5 acres of impervious surface. Scenario 2 involves 42.0 acres to construct up to 726,000 of office and warehousing space. The project is not anticipated to remove wooded area, nor have any impacts on wetlands. Construction of storm water treatment areas will occur regionally on neighboring property and portions of these ponds already exist. The development has the potential for approximately 23.5 acres of impervious area. B. Project Site The project is located within the City of Shakopee on 42.0 acres south of CSAH 101 and Valley Industrial Blvd N., east of Valley Park Drive S., and north and west of Innovation Boulevard. The site currently contains approximately 40.5 acres of brush/grassland and 1.5 acres of impervious surfaces. September 26,2013 K•ICC1201 3110-011 EAW Findings ofFactConclusions_01756100 092613.doc Page 1 of 7 H. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota Rules 4410.4300 subp. 14 when it was concluded by the City Council. B. This EAW dated August 1, 2013 was prepared for the proposed project and distributed to the Environmental Quality Board(EQB)mailing list and other interested parties on August 14,2013. C. A public notice containing information about the availability of the EAW for public review was published in the Shakopee Valley News on August 22, 2013. D. The EAW was noticed in the August 19,2013 EQB Monitor. The public comment period ended September 18,2013. Comments were received from the DNR,Metropolitan Council, Scott County Transportation Department, and the MPCA. The comment letters and responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota Rules 4410.1700, subp. 1 states"an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects,the City of Shakopee must consider the four factors set out in Minnesota Rules 4410.1700, subp. 7. with respect to each of these factors,the City finds as follows: A. TYPE,EXTENT,AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is"type, extent and reversibility of environmental effects", Minnesota Rules 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Wildlife Habitat: Majority of the habitat on the Valley Park Business Center West site is comprised of brush and grasslands. The vegetation at the area is comprised mainly of smooth brome and leafy spurge,with lesser amounts of Queen Anne's Lace, common milkweed, and various thistle scattered throughout. September 26,2013 K•ICO2013110-01 EAW Findings of Fact Conclusions_01756100_092613.doc Page 2 of 7 Wildlife typical of brush and grassland areas includes birds, small mammals, and reptiles. A small model airplane field is kept mowed and its use by the public may cause some disturbance that detracts wildlife from the area. The proposed development will remove approximately 40.5 acres of the brush and grassland area. The Wilkie Management Unit of the Minnesota Valley National Wildlife Refuge and Dean's Lake are located approximately 500 feet northeast and 1,800 feet southeast of the project area,respectively. These two areas both are denoted as having"high biodiversity significance"by the Minnesota County Biological Survey,though much of the area identified near Dean's Lake has been developed. Storm water leaving the project area will eventually drain through the Wilkie unit to the Minnesota River. However, due to the proposed storm water treatment it is not anticipated that the runoff from the project will impact the quality of the Wilkie unit of the Minnesota River. No stormwater will be discharged to the Dean's Lake area. b. Water Consumption: Scenario 1 is anticipated to use approximately 28,700 GPD and Scenario 2 is anticipated to use approximately 6 1,100 GPD of water upon full development. Water to the site will be supplied by Shakopee Public Utilities public water supply system(Appropriation Permit No. 1980- 6205)which has adequate capacity to serve the proposed development. c. Wastewater Generation: Average wastewater flows generated at the site are estimated to be approximately 28,700 GPD for Scenario 1 and 61,100 GPD for Scenario 2 upon full development. Wastewater generated from this site will be conveyed via the sanitary sewer system to the MCES Blue Lake Wastewater Treatment Plant for treatment. The Plant has adequate capacity to accommodate the projected flows from this development. d. Storm Water: The project is anticipated to generate additional storm water runoff due to development of this site. The storm water management will be provided on a regional basis by two storm water ponds. The ponds have been designed to comply with the rules of the Lower Minnesota River Watershed District(LMRWD),the MPCA,the design standards required by the City of Shakopee, and the Joint September 26,2013 H.•ICO2013110-01 EAW Findings of Fact Conclusions_01756100_092613.doc Page 3 of 7 Powers Agreement of the Prior Lake/Spring Lake Watershed District(PLSLWD). Consequently,water quality ponds and stormwater infiltration basins will be constructed to mitigate the effects of the increased runoff. The City of Shakopee has signed a Joint Powers Agreement with PLSLWD that limits the peak flow rate from the 100-year, 24-hr storm event(6 inches)to 0.25 cfs per acre. The storm water management plan for the site will meet this requirement. Receiving water bodies will include the Prior Lake Outlet Channel located on the east edge of the site,which discharges to the Minnesota River. The Minnesota River is listed as impaired for Dissolved Oxygen, Turbidity, and Fecal Coliform. The impact on water quality will be mitigated through implementation of storm water management on site. e. Wetlands: There are no wetlands on-site and therefore no wetland impacts are proposed within the development. f. Traffic: A Traffic Impact Study was completed for the proposed development site. It concluded that the proposed site would generate between 667 and 931 PM peak hour trips depending on the development scenario. The traffic operations analysis for the 2015 initial development phase indicated that all intersections will operate at an overall LOS D or better. The only intersection with movements at LOS E or F is the westbound Innovation Boulevard approach to Valley Park Drive. The traffic operations analysis for the 2030 full development phase indicates that several intersections will operate at an overall LOS E or F with movements at E or F. The overall intersection levels of service can be improved with the following mitigation improvements: i. Provide the following improvements with the initial phase of development: 1. Restriction of Valley Park Drive at Valley Industrial Boulevard N/Innovation Boulevard to a right-in/right-out for the westbound (Innovation Boulevard). 2. Construction of the Innovation Boulevard approach at Park Place with a right turn lane and through/left turn lane. 3. Installation of an all-way stop at Valley Park Drive and Park Place. September 26,2013 H.ICC12013110-01 1EAW Findings of Fact Conclusions_01756100_092613.doc Page 4 of 7 ii. Provide the following improvements as traffic dictates with full development of the site and area: 1. Restriping/reconfiguring Valley Park Drive approaching Park Place with a southbound right/through lane and exclusive left turn lane. 2. Restriping/reconfiguring Valley Park Drive approaching Park Place with a northbound right turn lane and through/left lane. 3. Providing a dual right turn lane at northbound Valley Park Drive to eastbound CSAH 101. (This would only be required if Scenario 2 was developed). 2. The extent and reversibility of environmental impacts are consistent with those of light industrial development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City must consider is the"cumulative potential effects of related or anticipated future projects", Minnesota Rules 4410.1700 subp.7.13. The City's findings with respect to this factor are set forth below. 1. Currently there is no planned development immediately adjacent to the site. 2. Concurrent to the development of this site,the City of Shakopee will be finishing the construction of the road infrastructure encompassing the project area, which will also serve the existing development to the east. This road had been partially completed and was mostly graded from a previous project. This road had also been planned by the City regardless of the timing of the development in this area. Since this project was planned regardless of the proposed project, it was not considered a connected action. Storm water management will be accommodated by the regional storm water ponding and the traffic analysis included this road in the study. C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: September 26,2013 H.•ICC12013110-01 1EAW Findings of Fact Conclusions_01756100_092613.doc Page 5 of 7 MPCA NPDES General Stormwater Permit MPCA Sanitary Sewer Extension Permit MPCA Section 401 Certification Minnesota DNR Water Appropriation Minnesota Department of Watermain Extension Health City of Shakopee Grading and Building Permits City of Shakopee Preliminary and Final Plat Approval City of Shakopee Rezoning City of Shakopee Building Permit 2. The City finds that the potential environmental impacts of the project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER,INCLUDING OTHER EIS's. The fourth factor that the City must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EIS's"Minnesota Rules 4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The proposed project is subject to the following plans prepared by the City: • City of Shakopee's Comprehensive Plan(August 2009) • City of Shakopee's Parks, Trails, & Open Space Plan(June 2009) • City of Shakopee's Comprehensive Water Resource Management Plan(2012) • City of Shakopee's Sanitary Sewer System Plan(December 2008) • City of Shakopee's Transportation Plan(December 2008) • Prior Lake-Spring Lake Watershed District Plan • Lower Minnesota River Watershed District Plan September 26,2013 H.•ICO2013U0-011 EAW Findings ofFactConclusions 01756100 092613.doc Page 6 of 7 The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review,planning, and permitting processes. CONCLUSIONS The preparation of the Valley Park Business Center West EAW and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects. The EAW has identified areas where the potential for environmental effects exist, but appropriate measures have or will be incorporated into the project plans and/or permits to mitigate these effects. The project is anticipated to comply with all City of Shakopee standards and review agency standards. Based on the criteria established in Minnesota Rules 4410.1700,the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. September 26,2013 H:ICCI2013V0-011 EAW Findings ofFactConclusions 01756100 092613.doe Page 7 of 7 RESOLUTION NO. 7368 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR AN EIS WHEREAS, the City of Shakopee prepared an Environmental Assessment Worksheet (EAW) for the proposed Valley Park Business Center West development pursuant to Minnesota Rules 4410; and WHEREAS, the City Council authorized the distribution of the EAW for the required 30- day comment period at their regular meeting on August 7, 2013; and WHEREAS, the 30-day comment period ended on September 18, 2013; and WHEREAS, the preparation of the Valley Park Business Center West EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the EAW has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Valley Park Business Center West development is expected to comply with all the City of Shakopee and review agency standards; and WHEREAS, based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee hereby determines that an Environmental Impact Statement (EIS) is not required. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this day of ' 2013. Brad Tabke Mayor of the City of Shakopee ATTEST: Lori Hensen, Deputy City Clerk C:V—sb,I-klDo IDods'RSLnWssuingaV gad,,D,,Lmno.. �eedO91913.da