CCP 07-14-1997 - Laserfiche WebLink

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-------- 'I C. the extent to which the environmental effects are subject to mitigation by ongoing I public regulatory authority; and D. the extent to which the environmental effects can be anticipated and controlled as -, a result of other environmental studies undertaken by public agencies or the project proposer, or of ErS's previously prepared on similar projects ". The City is required, within five (5) days of making its decision on the adequacy of the EA W, to I notify all persons on the EA W distribution list, all persons who provided written comments during the 30 day public comment period, and to any other person upon written request (MN I Rule, Chapter 4410.1700, Subpart 5). Minnesota State Statute, Section 116D.04, Subdivision 10, states in relevant part, "Decisions on the need for an environmental assessment worksheet, the need for an environmental impact statement and the adequacy of an environmental impact I statement may be reviewed by a declaratory judgment action in the district court of the county wherein the proposed action, or any part thereof, would be undertaken. Judicial review under this section shall be initiated within 30 days after the governmental unit makes the decision, and I a bond may be required under section 562.02 unless at the time of hearing on the application for the bond the plaintiff has shown that the claim has sufficient possibility of success on the merits to sustain the burden required for the issuance of a temporary restraining order.". I The Staff provided the City Council with the EA W in the July 2, 1997 Planning Commission I packet. The City received five (5) comments on the EA W during the 30 day public comment period (Exhibit A). The City received five (5) comments from public agencies, and no comments from the public. The City received one (I) comment from a public agency on the .. EA W after the 30 public comment period (Exhibit B). The responses to those comments are attached to this memorandum (Exhibits C and D). Findings of Fact I 1. Type. extent. and reversibility of environmental effects The development proposal is for a four phase industrial project consisting of I approximately 486,150 square feet of buildings on approximately 42 acres, which are zoned Gateway Business. The proposed development substantially complies with the City Zoning Ordinance, as it pertains to: compatibility, lot coverage, floor area ratio, I landscape lot area, building height, and required landscaping. The Staff concludes that the development proposal, as modified by its recommendations would appear to be consistent with the City's Comprehensive Plan and Zoning Ordinance. I The project in this development proposal is essentially a one-time effect. In general, the I construction of industrial buildings is considered to be a non-reversible effect. The rules and regulations which govern this type of construction are geared towards prevention and mitigation of those effects during the design and approval process, rather than reversing . them through time. I .. I Co'