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HomeMy WebLinkAbout95-166 - ADMIN Resolution - City Council - 1995/11/20r 1 RESOLUTION NO 95-166 A RESOLUTION APPROVING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT, AND REQUIRING CERTAIN MITIGATION FOR RETAIL REDEVELOPMENT OF PROPERTY LOCATED AT 1625 ZARTHAN AVENUE SOUTH WHEREAS, Minnesota Rules Part 4410.4300 Subp. 14 requires that an EAW be prepared for construction of any commercial facility equal to or greater than 300,000 sq. ft. in a second class city; and WHEREAS, On September 22, 1995, an EAW was completed for a proposed retail redevelopment involving up to 325,790 square feet of commercial facilities at 1625 Zarthan Avenue; and WHEREAS, On September 22, 1995, copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) distribution list; and WHEREAS, On September 25, 1995, notice of the availability of the EAW was published in the EQB Monitor and the thirty (30) day comment period commenced; and WHEREAS, On September 27, 1995, a press release was published in the St. Louis Park Sun/Sailor announcing the completion of the EAW, availability to interested parties, and process for submittuig comments on the EAW; and WHEREAS, On October 11, 1995, the Planning Commission of the City of St. Louis Park considered the EAW and responded with their comments as set forth in the minutes of their meeting; and WHEREAS, On October 17, 1995, a neighborhood meeting was held to provide an update on the status of the proposed project and to receive comments on the EAW and conceptual site plan; WHEREAS, On October 23, 1995, the City Council reviewed the contents of the EAW at a study session. WHEREAS, the thirty (30 ) day comment period officially ended on October 25, 1995 and the City of St. Louis Park continued to accept and respond to comments beyond that date; and WHEREAS, On November 6, 1995, during its regular meeting, the City Council considered the contents of the EAW, written and verbal comments on the EAW, and responses to comments, and directed staff to prepare a resolution containing findings of fact supporting a negative declaration on the need for an Environmental Impact Statement and requiring certain mitigation; and WHEREAS, the contents of Planning Case File 95-45-MISC become a part of the official record for the EAW. NOW THEREFORE BE IT RESOLVED THAT: 1. The City Council deems the Environmental Assessment Worksheet to be complete and adequate; 2. The City Council finds that preparation of an Environmental Impact Statement (EIS) is not necessary due to the following findings: a. Hazardous materials from past use of the property will be removed prior to demolition and construction. If necessary, groundwater remediation will be accomplished. Existing monitoring wells and elevator shafts will have to be abandoned in conformance with Minnesota Department of Health rules. Appropriation of groundwater is not anticipated, but required permits will have to be obtained if necessary. The demolition and construction process will involve short term impacts that can be mitigated via permit requirements. Best Management Practices for erosion control will have to be utilized before and after construction. b. Proposed redevelopment of the property for retail use will not result in significant impacts on wildlife abundance or direct effects on wetlands or other ecologically sensitive resources. No change in the quantity or decrease in the quality of stormwater runoff is anticipated. Potential impacts on groundwater can be minimized by proper abandonment of wells, removal of existing underground storage tanks, and conveyance of water to ponds and then to the municipal stormwater system with little on-site infiltration. All wastewater will be discharged to the City sanitary sewer system. Use of significant amounts of toxic or hazardous materials and installation of underground storage tanks is not expected after redevelopment. Solid waste disposal can be minimized by recycling. c. Traffic impacts can be mitigated by controlling site access points and requiring roadway improvements and signal modifications. Air quality is expected to be within acceptable levels. Noise from the use can be mitigated by requiring bufferyards and noise walls between truck docks and residential uses and by regulating the hours of truck deliveries and garbage service Adverse visual impacts are not anticipated. d. The project has not been shown to have the potential for significant environmental effects. The Metropolitan Council, Minnesota Department of Natural Resources, and Minnesota Pollution Control Agency have all commented that they do not believe an EIS is necessary. e. Cumulative potential effects of the project and other anticipated development can be mitigated by the ongoing public regulatory authority of the City, the Minnehaha Creek Watershed District, State and Federal agencies. Final approval of the project will be contingent upon the City Council making a determination that the proposed project is in conformance with the adopted Comprehensive Plan and applicable ordinances. A development agreement will be required. 3. The City Council finds that the following measures are necessary and required in order to adequately mitigate the anticipated impacts of demolition of the existing building, construction of the proposed retail project, and operation of the proposed retail facilities if said project is approved in accordance with the ordinances of the City of St. Louis Park: a. The following measures shall be required as conditions of issuing the demolition permit and erosion control permit: r f 1 i. Demolition and construction activities shall be limited to the hours between 7:00 a.m. and 4:00 p.m on weekdays and 9:00 a.m. and 4:00 p.m. on weekends and holidays. u. Trucks and construction equipment shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall enter and exit the site from 16th Street and Park Place Boulevard only. ili. Demolition of the existing building shall begin at the eastern end and proceed west, leaving the western wall of the building intact as a sound barrier for as long as practicable. iv. Use of explosives shall be prohibited. v. All demolition and construction equipment shall be required to use state of the art muffler systems. vi. On-site crushing and recycling operations shall be located as far from existing residential land uses as practicable. b. The following shall be required as conditions of potential approval of any Preliminary and Final Planned Unit Development and Plat applications for the project: i. Installation of all recommended roadway improvements associated with anticipated traffic from the proposed use and dedication of public right-of-way as determined necessary to accommodate public infrastructure (estimated to be 13 feet back from the planned curb line of public streets). ii. Adjustments to existing traffic lights, street lights and other utilities. iii. Installation of sidewalks along public streets and connecting to public plaza areas within the site as approved. iv. Dedication of drainage and utility easements to a depth of 10 feet back from planned right-of-way and including stormwater ponding areas and connections from public right-of-way to ensure adequate access for maintenance. v. On-site directional signs to I-394 and Highway 100 shall be required to prevent unnecessary traffic in residential neighborhoods. vi. Delivery and garbage service trucks shall be prohibited from using Zarthan Avenue between Cedar Lake Road and 16th Street and shall be limited to servicing the uses between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends and holidays. Unoccupied delivery and garbage trucks shall be prohibited from idling on site during nighttime hours as defined by Section 11-507(3)(a). vii. Overnight parking of vehicles, semi -trailers, refrigeration units and the like shall be prohibited unless parked wholly within any of the enclosed loading dock bays. viii. Openings of rooftop fans and air circulation equipment shall be required to face away from residential neighborhoods and all exhaust openings except bathroom fans shall be prohibited on exterior walls facing residential neighborhoods. In the event bathroom fan exhausts exceed the maximum nighttime allowable noise limits, operation of these fans shall be terminated until compliance with the City of St. Louis Park Noise Ordinance is achieved. ix. An exterior lighting plan shall be required and shall ensure compliance with ordinance provisions and prevention of unnecessary overnight site lighting. x. Compliance with all applicable City ordinance provisions shall be required unless alternatives are specifically approved as part of a Final Planned Unit Development. C• c. With respect to 3a and 3b, nothing contained in "a" and "b" above is intended to anyway limit the Council's discretion at a future date to impose additional conditions consistent with protecting the health, welfare and safety of community and surrounding neighborhood in a demolition pennit or in the preliminary and final PUD and plat application processes. ATTEST: Reviewed by administration: 7148:GEN55w Adopted by the City Council November 20, 1995 Approved as to form and execution: