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File #: RES 13-134    Version: 1 Name: 13-10 EAW Negative Need
Type: Resolution Status: Passed
File created: 8/15/2013 In control: City Council
On agenda: Final action: 8/15/2013
Title: DECLARING A NEGATIVE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR BALL ROAD RETAIL DEVELOPMENT TO THE ENVIRONMENTAL QUALITY BOARD (EQB). CITY OF BLAINE AT LEXINGTON AVENUE/BALL ROAD. (CASE FILE NO. 13-10/BKS)
Attachments: 1. Ball Road Retail - Location Map.pdf, 2. Ball Road Retail - EAW Responses.docx, 3. Ball Road Retail - Comments Received.pdf
ITEM:         11.1         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
DECLARING A NEGATIVE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR BALL ROAD RETAIL DEVELOPMENT TO THE  ENVIRONMENTAL QUALITY BOARD (EQB). CITY OF BLAINE AT LEXINGTON AVENUE/BALL ROAD. (CASE FILE NO. 13-10/BKS)
 
Schedule of Actions
City Council (Initiating Discretionary EAW)
02/21/13
City Council (Workshop Discussion)
05/09/13
City Council (Authorizing EAW Submittal)
06/06/13
EQB Publish Date
06/24/13
Review Comment Period Ends
07/24/13
City Council (Negative Declaration)
08/15/13
 
Background
 
The Ball Road development is envisioned as a multi-building project with an 182,000 square foot Wal-Mart store along with smaller commercial lots accommodating up to another 24,900 square feet of restaurant, office or service/retail uses. Because the total scope of the project is below the size threshold for a mandatory EAW (Environmental Assessment Worksheet), the City Council authorized preparation and submittal of a discretionary EAW.
 
The EAW outlines and describes the potential project and assesses the potential impacts on a wide variety of environmental issues.  The City of Blaine as the Responsible Governmental Unit (RGU), will need to consider whether the EAW is adequate and determine, based in part by the agency comments, that an Environmental Impact Statement (EIS) is not required.
 
During the 30-day comment period, which extended from June 24th to July 24th, the City received 15 written comments, six from other public agencies and nine from residents.  Those agencies commenting were:
ยท      Anoka County Highway Department
Minnesota Department of Natural Resources
Metropolitan Council
Minnesota Department of Transportation
Minnesota Pollution Control Agency
Rice Creek Watershed District
  • Attached to this cover is a document outlining all of the EAW comments that were received as well as a City response to each comment. Attached behind the document are the actual e-mails and letters that were received.
  • Generally all of the comments received from the six public agencies fell into two categories:
  • Sought clarification on some of the statements made in the EAW, suggested additional description on mitigation measures or identified language or numerical mistakes/omissions.
    Were intended to outline next steps, provide guidance on permitting or were comments on plan details that will need to be developed once a formal site application is prepared.
    •  
    While several of the comments will require additional review and coordination with the respective agencies or will otherwise be addressed through the various permits that will be required, none of the comments from the six agencies suggested the need for an EIS.
     
    The nine resident comments (received from seven residents) were more broad in context. Some of the comments were related to the EAW and some were very project specific. We attempted to address those as completely as possible but noted where the comments were more project based and better addressed once a detailed site plan and formal application has been submitted. Similar to the public agency comments however none of the resident comments suggested an EIS should be completed.
     
    Recommendation
    By motion, approve the Resolution declaring a negative need for preparation of an EIS.
     
    Attachments
    Location Map
    EAW Comments and Responses Document
    EAW Comments (Letters and E-mails)
     
    Body
    WHEREAS, the City of Blaine is the regulatory governmental unit (RGU) in the processing of a Discretionary Environmental Assessment Worksheet (EAW) for the Ball Road Retail Development on Ball Road east of Lexington Avenue; and
    WHEREAS, the EAW is based on a development proposal for the Ball Road Retail (Wal-Mart) project; and
     
    WHEREAS, the City of Blaine has submitted a copy of the EAW to all public agencies on the EAW distribution list, publishing EAW availability in the EQB Monitor on June 24, 2013, all of which were done in accordance with applicable State laws, rules, and regulations; and
     
    WHEREAS, the 30-day comment period ended on July 24, 2013, with six public agencies and seven residents submitting comment letters; and
     
    WHEREAS, the City of Blaine acknowledges the responses from the MPCA, MnDOT, RCWD, Met Council, DNR, ACHD, as well as private citizens; and
     
    WHEREAS, the City of Blaine has considered the comments that were received and prepared findings and responses to the submitted comments; and.
     
    WHEREAS, the comments received do not support a need for an EIS on the proposed project; and
     
    WHEREAS, the City of Blaine must also consider the following factors as set forth in Minnesota Rules, Part 4410.1700, subp. 7 in determining whether the Project has the potential for significant environmental effects:
     
    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; and
     
     
    WHEREAS, the City must base its decision on the need for an Environmental Impact Statement for the Ball Road Retail Project on the record of decision for the project which includes the EAW, the comments received during the public comment period, the responses to the comments, updated information arising out of ongoing regulatory review and coordination; and other available information regarding the project in possession of the City.
     
     
    NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Blaine, based on the EAW, the decision of record and findings of fact, the responses to comments and application of Minnesota Rules, Part 4410.1700 subp. 7, hereby makes a negative declaration on the need for an Environmental Impact Statement for Ball Road Retail (Wal-Mart) development.