pf_02881 - Laserfiche WebLink

Home

Mr. Timothy J. Nelson -2- February 25, 1997 To address the first issue of focus, I need to offer comments regarding the setting of the project and the applicable State Rules. As identified in the EAW, the Centre Pointe project is bounded by I-35W, County Road D, Cleveland Avenue, and the ramps toIfrom northbound I-35W. The EAW does not mention that the following three other major redevelopment projects are located nearby: Twin Lakes Business Park, Gateway Business Park, and Tower Place Business Park. The EA W also does not mention that the Twin Lakes and Gateway projects are in very active stages of development, with substantial additional development projects expected to be completed in the next few years. Further, the EA W does not state that close connections exist between the Centre Pointe and Twin Lakes projects. As we understand, the close linkages between the Centre Pointe and Twin Lakes projects include the following points: a) the projects are immediately adjacent to each other across Cleveland Avenue, b) the projects have the same developer, Ryan Companies, c) both projects are served by a regional pond on the Centre Pointe site, and d) the projects share a key freeway access point at I-35W and County Road C. The State Environmental Rules are very clear in requiring a comprehensive assessment of potential impacts. This broad perspective is presented in the following statements from the "Guide to the Rules," Minnesota Environmental Quality Board, June 1989: a) first paragraph on page 2. "The function of this program is to avoid and minimize damage to Minnesota's environmental resources caused by public and private development. The program does this by requiring that proposed actions which have or may have the potential for significant environmental effects undergo special review procedures in addition to whatever approvals and permits they otherwise need; these special procedures are intended to disclose infonnation so that the potential environmental impacts of a proposal can be assessed and ways to minimize or avoid any significant impacts can be identified." b) first paragraph on page 7. '''The complete project subject to environmental review may include components other than the project initially presented by the project proposer. These additional components may be future stages of the proposer's plan or even actions proposed by other persons which are inherently connected with the project." c) third paragraph on page 28. "The regular environmental review processes (i.e., EAWs and EISs) are best suited to the review of discrete projects whose environmental impacts do not overlap. The regular processes are less suited to the review of incremental impacts which accumulate over time from a series of sequential projects - the form of development which is typical of urb!mi7.ing areas, especially the rapidly growing suburbs of the Metropolitan Area. To address this problem the EQB has adopted a new type of review process which can be used by local units of government to review anticipated residential and commercial projects. This process substitutes for the preparation of any EA Ws or EISs which would be required for specific projects within the area reviewed, provided the projects are consistent with the assumptions made in the review and the mitigation measures identified in the review are implemented......1De key feature of this new process is that the 'subject' of the review is not any specific project but rather a development scenario (or several optional scenarios) for an entire geographical area." Given that the Centre Pointe Business Park is located very near to three other business parks with major forthcoming development, it is clear that the EQB Rules require a form of environmental review that is sufficient to address the anticipated cumulative effects. The traffic study report fails this rt'('!uirement because it addresses only trips generated b., ~he Centre Pointe project A. b:~"rier form of erlVLconmental analysis IS necessary m order to adequawly address the close connections De[Ween the Centre Pointe and Twin Lakes projects and the cumulative effects of the four redevelopment projects.