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,;. Mr. Timothy 1. Nelson -4- December 3, 1996 For the first four uses, whose sizes are described in square feet, the total planned size of development is 1,412,900 square feet. In addition to the above planned development in the study area, Table 3 also acknowledges the following four major planned developments near the study area: Byerly's, Center Pointe, NMIlOpus, and Rosewood. None of the more recent documents referenced earlier in this letter presents updated infonnation on the expected types of development and sizes on a square footage basis. However, the available infonnation indicates a basic consistency in development expectations because the description of types of uses and acreage sizes is identical in the following two documents prepared by the City - "Amendment to the Comprehensive Plan, Twin Lakes Redevelopment Area," September 1988 and ''Master Plan for Twin Lakes Business Park," April 1994. As indicated above, the planned size of the industrial/commercialfmstitutional component of the Twin Lakes Business Park presented in Barton-Aschman's report is 1,412,900 square feet. For this size of development, State law requires preparation of an Environmental Impact Statement. The planned 1.412.900 square feet of development greatly exceeds the threshold of 750.000 square feet. described previously in this letter. that applies to this type of development. One could argue that the preceding determination that an Environmental Impact Statement must be prepared is incorrect because the 1.412.900 square feet of development consists of multiple separate projects, none of which individually meets the EIS requirements. To address this issue, we referred to the specific text presented in the previously referenced. "Guide to the Rules of the Minnesota Environmental Review Program." On page 7 of this document. the following statement is presented. "Future stages planned by the same proposer which meet the definition of 'phased actions' and current actions by other proposers which meet the definition of 'connected actions' must be considered as part of the complete project and must be included when determining whether the mandatory EA W and EIS thresholds are...exceeded." In addressing whether the current development in the Twin Lakes Business Park meets the definition of phased actions. it is important to relate to both the most recent Development Agreement dated June 28, 1995, and the specific criteria pre~ented in the "Guide to the Rules." In addition to including specific provisions for development of the Part I and Part II redevelopment properties, the above referenced Development Agreement includes in Section 7.1 statements that the Developer has the right of first offer to develop all. or any portion, of the property in the Twin Lakes Development Subdistrict. An exhibit attached to the Development Agreement defines the Twin Lakes Development Subdistrict as an approximate 95 acre ~ea within the overall Twin Lakes Business Park area. The Development Agreement stipulates that this right of first offer extends until November 2003 if the City so notifies the Developer in writing or until November 2008 if the City does not provide written notification to the Developer.