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HomeMy WebLinkAbout15.C.1. Second Revision to AUAR for Valley Green Corporate Center-Res. No. 5930 CITY OF SHAKOPEE IS. C . / . Memorandum CASELOG NO.: CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Adoption of Second Revision to the Final Alternative Urban Area Wide Review for Valley Green Corporate Center/Dean's Lake Residential Proposed Project MEETING DATE: August 6, 2003 INTRODUCTION: Council is asked to adopt the second revision to the Final AUAR for the Valley Green Corporate Center property. Attached for the Council's information is a letter from Andrea Moffatt ofWSB regarding the process that has just been completed, and the comments received and responded to in the process. ALTERNATIVES: 1. Offer and approve Res. No. 5930, A RESOLUTION ADOPTING THE SECOND REVISION TO THE FINAL ALTERNATIVE URBAN AREA WIDE REVIEW FOR THE VALLEY GREEN CORPORATE CENTERlDEAN'S LAKE RESIDENTIAL PROJECT. 2. Do not approve Res. No. 5930. 3. Table the matter for specific reasons. ACTION REQUESTED: Offer and approve Res. No. 5930, A RESOLUTION ADOPTING THE SECOND REVISION TO THE FINAL ALTERNATIVE URBAN AREA WIDE REVIEW FOR THE V ALLEY GREEN CORPORATE CENTERlDEAN'S LAKE RESIDENTIAL PROJECT. ~~~ R. Michael Leek Community Development Director G:\CC\2003\08-05\REVFINALAUARVALLEYGREENdoc RESOLUTION NO. 5930 RESOLUTION ADOPTING THE REVISION TO THE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE V ALLEY GREEN COROPORATE CENTERlDEAN'S LAKE RESIDENTIAL WHEREAS, the preparation of the Revision to the Final Alternative Urban Areawide Review (AUAR) for the Valley Green Corporate CenterIDean's Lake Residential development and comments received on the AUAR have generated information adequate to develop a mitigation plan for the project; and WHEREAS, the AUAR 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 Green Corporate CenterIDean's Lake Residential development is expected to comply with all the City of Shakopee and review agency standards; and WHEREAS, the AUAR process has been completed in conformance with Minnesota Rules 4410.3610; and WHEREAS, no objections to the Final AUAR have been filed with the Environmental Quality Board. NOW, THEREFORE, BE IT RESOLVED, the City of Shako pee adopts the Revision to the Final Alternative Urban Areawide Review for the Valley Green Corporate CenterIDean's Lake Residential development dated July 2003 with the following revisions: 1) The sentence on page 50 of the Final AUAR and Mitigation Plan Goal 9, Item H (Appendix G) be revised to state: "No residential units are to be located within 200-ft of any State or County roadway centerline. " 2) Mitigation Plan Goal 8, Item A.2 (Appendix G) be revised to state: "Require the necessary information as a part ofthe initial building permit request process. If Level of Service (LOS) D at the access points to the overall development is the condition at the time of application, this may include a site traffic impact study which should encompass the access points on Co. Rd. 18 and CSAH 16, and include the existing traffic on these roadways at the time of development. 3) Mitigation Plan Goal 8, Item B.2 (Appendix G) be revised to state: "Enforce maintenance of the Level-of-Service (LOS) for the access points of the overall development to a minimum LOS of D. This may include imposition of required Transportation Demand Management strategies to reduce the Peak Hour traffic demand on G:\CC\2003 \08-05\RE VFINALA UAR VALLEYGREEN.doc the surrounding roadway network and access points to the overall development." Adopted by the Shakopee City Council this 6th day of August, 2003. Mayor ATTEST: City Clerk G: ICC\2003\08-05\REVFfNALA UAR V A LLE YGREEN. doc ~ WSB 'A" & Associates, Inc. July 30, 2003 Honorable Mayor, City Council, and Staff . City of Shakopee 129 Holmes Street South Shakopee,1fN 55379 . Re: Final Revised AUAR for the Valley Green Corporate Center Site City of Shakopee, 1fN WSB Project No. l28l-54 Dear Honorable Mayor, City Council, and Staff: . The AUAR for the Valley Green Corporate CenterIDean's Lake Residential was sent out for public comment on May22, 2003. Comments were received from the Metropolitan Council, the Department of Natural Resources, and the Department of Transportation. The Shakopee Environmental Advisory Committee also reviewed the AUAR and provided comments at their June II th meeting. The AGAR and mitigation plan were revised based on all these comments and submitted for the finallO-day review. This lO-day review period ended July 24,2003. No objections to the Final Revised document were made by the review agencies. Therefore, the City Council can adopt the Final Revised Document and mitigation plan. Brief Summary of AUAR and Comments The AUAR document was modified to reflect the proposed land use changes presented by Ryan Companies earlier this year. Land use changes anticipate converting approximately 800,000 square feet of commercial, industrial, warehouse space to medium-density residential within the Valley Corporate Center site. The Valley Green Corporate CenterIDean's Lake Residential site is located in the southeast quadrant of the intersection of Trunk Highway l69 and County Road 83. The environmental impacts of this development scenario (Option B) were evaluated with the environmental impacts of the development scenario outlined in the 200.2 AUAR (Option A). The Executive Summary in the front of the Final AUAR provides a comprehensive summary of the document and is attached for your review. . Comments that were received are contained within Appendix H of the Final AUAR along with responses. These comments were generally minor in nature and related to future trail connections, open space use, traffic counts and modeling, and required permit applications. Additionally, groundwater interaction and Dean's Lake was clarified in the final AUAR based on comments from the Shakopee Environmental Advisory Committee. City Council Action . It is recommended that the City Council adopt the Revision to the Final AUAR for the Valley Green Corporate CenterIDean's Lake Residential dated July 2003 with the following minor correction: . The sentence on page 50 of the Final AUAR and Mitigation Plan Goal 9, Item H . (Appendix G) be revised to state: . Minneapolis. S1. Cloud. Equal Opportunity Employer . ~ July 30, 2003 Page 2 of2 "No residential units are to be located within 200-ft of any State or County roadway centerline." The purpose of this minor text revision is to clarify the intent of the statement. . The Mitigation Plan Goal 8, Item A.2 (Appendix G) be revised to state: "Require the necessary information as a part of the initial building permit request process. If Level of Service (LOS) D at the access points to the overall development is the condition at the time of application, this may include a site traffic impact study which should encompass the access points on Co. Rd. l8 and CSAH l6, and include the existing traffic on these roadways at the time of development. . Mitigation Plan Goal 8, Item B.2 (Appendix G) be revised to state: "Enforce maintenance ofthe Level-of-Service (LOS) for the access points of the overall development to a minimum LOS ofD. This may include imposition of required Transportation Demand Management strategies to reduce the Peak Hour traffic demand on the surrounding roadway network and access points to the overall development. " The final revised AUAR is attached for your review and adoption with the proposed revisions to the mitigation plan attached as a separate document. If you have any questions, please call me at (763) 287-7182. Sincerely, WSB & Associates, Inc. ~~ Proj ect Manager Attachment c: Joseph Samuel, RLK-Kuusisto (w/o attachment) Dave Patten, RLK-Kuusisto (w/o attachment) Genevieve McJilton, Ryan Companies Kent Carlson, Ryan Companies Jon Albinson, Valley Green Business Park F: IWPWIM1 281 -54\072903hmcc.doc . MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 INTRODUCTION The Mitigation Plan is intended to address issues contained in the F AUAR dated July, 2000 , the Supplement dated July, 2002, and the Revision dated July 2003.. This Mitigation Plan is submitted as a part of the Alternate Urban Area-wide Review (AUAR) process to provide reviewers, regulators, and prospective tenants with an understanding of the actions necessary to protect the environment and limit impacts by the proposed project. Many of the potential environmental impacts within the project boundary are associated with the specific improvements, activities and operations of tenants who will choose to locate within Valley Green Business Park. Therefore, those impacts cannot be precisely defined until the appropriate proposals are made. The primary vehicles for mitigation are the effective use of existing codes, rules, and regulations together with the enforcement options which pertain thereto. These enforcement options include: . Execution of a Comprehensive Development Agreement which may include Planned Unit Development (POO) Requirements . Enforcement of the Permitting Requirements of All Agencies . Require Submission of Performance Bonds . Initiation of Civil Suits & Restraining Orders This recommended mitigation plan is divided into three levels: 1. Goals - This level defines broad concepts to be achieved. a. Strategies - This level identifies basic philosophies which could help achieve the related goal. 1. Actions - This level precisely lists key activities which may be employed to achieve the associated goal. MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 GOAL 1 - Fulfill and maintain the public's expectations for the character of the city as defined by numerous comprehensive plans (including the Dean 's Lake Area Park, Open Space and Trail Master Plan), the zoning ordinance, etc. Protection Strategies: A- Implement the recommendations and requirements of the Dean's Lake Area Park and Open Space and Trail Master Plan. .1) Responsible Parties: City of Shakopee and the developer .2) Action Required: Approval of a development plan that meets the recommendations and requirements of these plans. B -- Modifications to such expectations must be subject to appropriate review and approval by the governing agencies and authorities. These reviews may include public hearings and an opportunity for the public to comment. .1) Responsible Parties : City of Shakopee, Scott County, various State and Federal agencies, and special districts. .2) Action Required: Rigorous enforcement of amendment and variance procedures. c- Execution of a Development Agreement between the City and the developer. .1) Responsible Parties: City of Shakopee and the developer, Ryan Companies. D- Execution of performance bonds to provide surety to the City that all necessary requirements are met. The amount should be as required by the Development Agreement. .l) Responsible Parties: The developer(Ryan Companies) and the City of Shakopee. .2) Action Required: Careful review of the amount of the bonds to assure adequacy. E -- Enforcement by all governing authorities of their respective rules and regulations .1) Responsible Parties: All appropriate agencies. .2) Action Required: Rigorous enforcement of the rules, regulations and Development Agreement. MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 GOAL 2 - Development of a native vegetation" conservation district" within a business corporate center environment which utilizes stormwater infiltration areas. Protection Strategies: A-- In the pre-development phase, rigorously review stormwater handling plans to assure NURP standard of treatment prior to release to the infiltration areas. .1) Responsible Parties: City of Shako pee, the developer (Ryan Companies). B- Coordination of standards applied to the "Conservation Area" .1) Responsible Parties: City of Shako pee, the developer (Ryan Companies), future . tenants ofVGCC. .2) Actions Required: . Review of current municipal ordinances for potential conflicts between the orderly appearance standard of lawn care as defined for introduced species of grass and the more natural (and therefore longer) growth patterns of native grasses. . Either waiving strict enforcement of these standards as a part of the Development Agreement or revising the existing ordinances to allow for the development of "Conservation Areas" with different front-end standards and maintenance standards. . Prohibit future tenants from mowing native vegetation, planting unapproved species of vegetation, etc. , GOAL 3 - Perpetuate the wetland habitat surrounding Dean's Lake for continued use by wildlife. Protection Strategies: A- As development moves forward, all plans to mitigate wetland impacts must be carefully reviewed by all appropriate agencies. Wetland mitigation plans must be in conformance with applicable State and Federal rules. .1) Responsible Parties: City of Shako pee, the developer (Ryan Companies), BWSR, DNR and any other appropriate agencies. B -- The City and developer should include should in the Development Agreement such provisions that are necessary to define vegetation for the "conservation areas" as well as all wetlands. .1) Responsible Parties: City of Shako pee and the developer, Ryan Companies. MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 c -- The developer's plans include a planting schedule of a variety of native grasses and forbs. This should be documented in the Development Agreement and enforced. .l) Responsible Parties: The developer(Ryan Companies), and the City of Shako pee. Assistance by the DNR or other appropriate agencies may be helpful. D- Monitor the health of the native wetlands, the "replacement wetlands" and storm water detention ponds to assure self sustaining growth and maturation of the desired species. .1) Responsible Parties : Within the warranty period defined by the Development Agreement the developer, Ryan Companies. Once public ownership of the wetlands and ponds has been accepted, the City of Shakopee. E -- In reviewing the plans, observing the construction and monitoring the health of wetland areas, the City must be prepared to solicit the expertise of outside agencies and consultants, as necessary. .1) Responsible Parties: City of Shakopee F- If temporary dewatering is necessary as part of utility installation, dewatering must be completed in conformance with State regulations and utility lines must be designed to prevent dewatering of the area by the utility lines. .1) Responsible Parties: City of Shakopee, the developer GOAL 4 - Allow and promote passive recreational uses of Dean's Lake and the surrounding park lands. Protection Strategies: A- Provide easements for a public walking path to access the areas adjacent to the lake from dedicated streets within the Valley Green development. .1) Responsible Parties: City of Shakopee and the developer, Ryan Companies. B- The City should accept the easement for public use and may at a future date choose to include it in the City trail system. .1) Responsible Parties: City of Shakopee MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 GOAL 5 - Preserve the water quality of Dean's Lake. Protection Strategies: A- Consider the establishment of a watershed district for the entire Blue Lake watershed as delineated in the City's Comprehensive Stormwater Management Plan. .1) Responsible Parties : All appropriate agencies. B -- Initially, provide testing of the current water quality to define the background water quality. .1) Responsible Parties: City of Shakopee, DNR, or the water district, if created. .2) Action Required: All records and results should be made available to the City, Scott County, the DNR, and the watershed district, if created.. c-- Annually, provide testing to determine the extent of change. .1) Responsible Parties: City of Shakopee, DNR, or the water district, if created. .2) Action Required: All records and results should be made available to the City, Scott County, the DNR, and the watershed district, if created. D-- Periodically, test both the on-site and the off-site runoff reaching the Lake to help identify the sources of any pollutants. .1) Responsible Parties: City of Shakopee, DNR, or the water district, if created. .2) Action Required: All records and results should be made available to the City and Scott County. E- Limit and control degradation to the water quality reaching Dean's Lake. .1) Responsible Parties: City of Shakopee and all public agencies with water 9uality authority within the watershed. .2) Action Required: Implement storm water management plan outlined within the AUAR and enforce the City's Comprehensive Stormwater Management Plan including adherence to the Best Management Practices (BMP's) for stormwater. F- Continue the cooperative relationship of all public and private agencies within the immediate Dean's Lake watershed (6,900 acres). .1) Responsible Parties: All included agencies. G-- Create and maintain a vegetative strip along the Prior Lake overflow channel. .1) Responsible Parties: All public agencies with authority over the route of the channel and all land owners adjacent to the channel. MITIGATION PLAN - 2003 FINAL AUAR JULY 31, 2003 H- Increase public awareness of the effects of residential and agricultural fertilizers on water quality. .1) Responsible Parties: City of Shakopee and all public agencies with water quality authority within the watershed. .2) Action Required: Develop and conduct periodic educational programs for residents. I-- Control erosion and reduce soil loss during and after construction through adherence to Best Management Practices, the City erosion control ordinance, and the MPCA's NPDES permit. .1) Responsible Parties: City of Shakopee, the developer, the contractor .2) Action Required: Plan review and approval, permit adherence, permit enforcement GOAL 6 - Stabilize water levels in Dean's Lake. Protection Strategies: A-- Implement the proposed plan to construct, maintain and operate a water level control structure north of US 169. .1) Responsible Parties: City of Shakopee, DNR, Mn/DOT, or the water district, if created. GOAL 7 - Limit the visual impacts of the development from Dean's Lake and the properties south ofCSAH 16. Protection Strategies: A-- Rigorous enforcement of the City's Shoreland Ordinance regarding setbacks. .1) Responsible Parties: City of Shakopee. B- Plant trees along street boulevards and around stormwater detention ponds within the project area. .l) Responsible Parties: City of Shakopee and the developer, Ryan Companies. .2) Action Required: It may be useful to include these requirements in the Development Agreement. c- Rigorous enforcement of the City's zoning ordinance concerning building height. .1) Responsible Parties: City of Shakopee, individual lot purchasers and tenants. .2) Action Required: Encourage use of screening with berms and plantings. MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 D- Rigorous enforcement of City ordinances regarding signage and lighting. .1) Responsible Parties: City of Shakopee, individual lot purchasers and building tenants. GOAL 8 - Limit the impacts of traffic generated by activities within the project area. Protection Strategies: A-:'" Identify high traffic activities to be conducted within the project area. .1) Responsible Parties : City of Shakopee, individual lot purchasers and building tenants. .2) Action Required: Require the necessary infonnation as a part of the initial building permit request process. If Level of Service (LOS) D at the access points to the overall development is the condition at the time of application, this may include a site traffic impact study which should encompass the access points on Co. Rd. 18 and CSAH 16, and include the existing traffic on these roadways at the time of development. B- Monitor traffic levels of ingress and egress to the site, and on the collector and arterial streets surrounding the site. .1) Responsible Parties: City of Shako pee, Scott County, MnlDOT, Met Council and other interested agencies. .2) Action Required: Enforce maintenance of the Level-of-Service (LOS) for the access points of the overall development to a minimum LOS ofD. This may include imposition of required Transportation Demand Management strategies to reduce the Peak Hour traffic demand on the surrounding roadway network and access points to the overall development. c- Monitor changes in tenant traffic activity level and implement any necessary changes to the City's transportation system. .1) Responsible Parties : City of Shakopee, individual lot purchasers and building tenants. .2) Action Required: Require the necessary infonnation as a part of the building pennit request process for remodeling and alterations. D-- Monitor traffic generation generated on the adjacent roadways generated by the development and/or modification of adjacent developments and properties. .1) Responsible Parties: City of Shakopee, Scott County, MnlDOT, Met Council and other interested agencies. .2) Actions Required: MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 . Possible reduction of cycle times to 100 seconds. See Table 22-lc in the response to the Shakopee Environmental Protection Association (SEP A) comments to the Supplement. . Future consideration of the changes to affect traffic should be made in partnership with other stakeholders to develop Transportation Demand Management Strategies to reduce the Peak Hour traffic demand on the surrounding roadway network. E -- Continue to develop and complete the proposed improvements of collector and arterial roadways in the surrounding area. .1) Responsible Parties: City of Shako pee, Scott County, MnlDOT, Met Council and other interested agencies. .2) Action Required; Implement the reconstruction / relocation of CSAH l6, CR 21, CR 83 and 17th Avenue. F- Monitor and update the City's Comprehensive Transportation Plan, when necessary. .1) Responsible Parties: City of Shakopee GOAL 9 - Limit the noise impacts of the development on the properties south of CSAH 16. Protection Strategies: A- Separate the issues of . Noise generation from initial construction, . Noise generation from US l69, and . Noise generation from tenant activity. .2) Responsible Parties: City of Shakopee, Mn/DOT, individual lot purchasers and building tenants. B- Establish a natural vegetation buffer (i.e. Oak Savannah) within the shoreland impact one. .1) Responsible Parties: City of Shakopee and the developer, Ryan Companies. C -- Vigorous enforcement of the City's ordinances regarding noise generation. .1) Responsible Parties : City of Shakopee, individual lot purchasers and building tenants. D- Limit hours of construction activity and allowable construction noise. .1) Responsible Parties: City of Shakopee. E-- Encourage tree planting along street boulevards within the project site. .1) Responsible Parties: City of Shakopee and the developer, Ryan Companies. MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 .2) Action Required: It may be useful to include these requirements in the Development Agreement. F -- Encourage landscaping and screening of individual building sites to reduce noise transmission. .1) Responsible Parties: City of Shakopee, individual lot purchasers and building tenants. G- Monitor the health of the treeline identified in the noise modeling to shelter the proposed residential properties. The presence of this treeline was identified as essential to the mitigation of noise in the southwesterly end of the residential area. .1) Responsible Parties: City of Shakopee, owners & tenants within the area. H- Locate residential units no closer than 200 feet from the centerline of any State or County roadway. .1) Responsible Parties: Developer, City of Shakopee GOAL 10 - Limit the air quality impacts of traffic generated by the development and the activities of individual building tenants. Protection Strategies: A- Regulate air emissions through enforcement of State Air Quality Standards .1) Responsible Parties: MPCA, City of Shakopee .2) Action Required : Monitoring could be performed on a sporadic basis, if complaints are received. If found to exceed the State standards, a permanent monitoring station could be installed. Once the source of the any excessive emissions is identified, appropriate action can be developed and implemented. B -- Minimize dust generation during construction activities. .1) Responsible Parties : City of Shakopee, Scott County, the developer - Ryan Companies, individual lot purchasers and building tenants. c- Monitor changes in tenant air emissions potential. .1) Responsible Parties: City of Shakopee, MPCA and building tenants. .2) Action Required: Require the necessary information as a part of the building permit request process for remodeling and alterations. . MITIGATION PLAN - 2003 FINAL AUAR JULY 31,2003 GOAL 11 - Ensure development is in conformance with City's Comprehensive Plan A. Complete reguiding and rezoning ofthe property to be in conformance with the chosen option and the City's Comprehensive Plan .1) Responsible Parties: City of Shakopee, developer, Met Council .2) Action Required: Reguide and rezone the site and meet conditions of such action. GOAL 12 - Develop Park Plan A. Develop a park plan for the chosen option. .l) Responsible parties: City of Shakopee, Park Commission .2) Action Required: Develop Park Plan in conformance with City Standards and Dean's Lake Park Master Plan.