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HomeMy WebLinkAbout1993 01-19 Special MeetingAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, January 9 Council Chambers Municipal Buildin Special Meeting A• CALL TO ORDER B• PLEDGE OF ALLEGIANCE Co ROLL CALL D • APPROVAL OF AGENDA E • PUBLIC HEARINGS 1• Oak Ridge a• EIS Determination b• Land Use Plan-Change (4 Votes) c• Zoning Map Change (4 Votes) d• Street Vacation (4 Votes) e• Code Variation - Arlington Avenue f• Code Variation - Myrtle Street 9• Code Variation - Montana Avenue h. Preliminary Plat i. Setback Variance J• Increased Front Setbacks k• Code Variation - Street Width F• VISITOR PRESENTATIONS G• COUNCIL PRESENTATIONS 1. 2, 30 40 50 6. 7. Le"i H. ADMINISTRgTIVE PRESENTATIONS to 2. 3. 4, I ° A��DURNMENT M EMORANDUM TO: FROM; C4 3' Manager SUBJECT: Directo of Community DeVelo me DATE: Oak midge P nt January 14, 1993 9 0-. 3. 5. ►^TRoDucnoN Mr. Dennis Gonyea of the Gonyea Co homes. The project is called p� � ° ration is Nebraska Avenue �d e, prO °S�g to develo and Sterlin g The site is east of NIcK� plots for 131 page 25,) Mr. Gonyea g Sn'eet and north of �e ght Road south of that the City lans to develo r �'�ad tracks, do the following; P the project in four phases. ( See the reap o He is requesting 1 . Determ�e if the r;�, ..L _ _ , , _ won Avenue east of Mc ht b• � Road - 1,50 Njy� -tle Street - 1 ,340 feet C. Montana Avenue - l,lsp feet Env ironmental — v1�' vula do an E n v iro�ental Im Assessment Worksheet. Pact Statement, based Ch on an ange the land use to R -1 plan map. Change the R -3M (single . dwellings), remise the o �m�di Avenue as a moor collector street. pen space desi � density residential) (See the ma s o ations and drop H oyt Change the zonin P n pages 28 and 29.) (multiple dwellin g maP for p arts � f �� and M_1 this site. This than e (See the maps on pa 26 and 1 m ��.lfacturirig) tQ R (sin jbfrom R -3 dwellings). Vacate the Hoyt Avenue ri ght -of -w is an undeveloped ay that is east of Sterlin bounda P 33 - foot - wide right - - g Street. Ho rS'• (Refer to the map on page that is Heart to p� o f the oAvenue P Se 83.) pat App rove subdivision code variations for three hree long cul- de-sacs: The City Code allows developErs to plat cul-de-sacs unless no alternative is possible, ul de -sacs u p to 1,000 feet in length, Approve a preliminary plat. (See the Proposed plat map on page 30.) 7. Approve a 5- to 10 -foot front and setback variance • Y for each lot m the plat. This would allow each home to be built with a.20- to 25-foot front yard setback. The setback would vary depending on the location of trees on each lot, The City Code requires a 30 -foot front-yard setback. 80 Approve an increased front setback for two lots. 90 Approve a variation from the City Code to reduce the required street width from 32 feet to 28 feet from gutter to gutter. (See the developer's letter on page 79.) The developer is asking for most of these variances to save trees and wetlands. BACKGROUND September 6, 1979: The Council began to consider c • g constructing water and sanitary sewer lines through this site. The City ased the design tY gn of these on a concept plan prepared by Hillcrest Development. p p (See the plan on page 33.) This plan had 147 single dwelling lots and 54 tow p g n house lots for a total of 201 units, De (Hillcrest Development never applied to the City to develop, • .. tY this plan.) The City installed these utilities in 1987 and 1988. April 13, 1987: The City Council approved the preliminary . pP p inunary plat for Cave's Nebraska Addition. This plat was for 57 lots including Nebraska aska Avenue and Myrtle Court. The City approved the design f this plat in a S p part because of Hillcrest Developments concept plan. p Mr. Gonyea started with 184 lots when he first came in to discuss this plat with the staff. This was before he made an application. He then dropped 36 lots and proposed 148 lots when he applied. to the .City. He dropped to 141 lots on the plan that went to the Planning Commission. He has now dropped another ten lots for a total of 131 lots. Mr. Gonyea dropped the last ten lots to meet the Planning Commission's and staffs recommendations. These recommendations require that wooded lots have at least 15,000 square feet and lots with twenty -foot building setbacks have at least 75 feet of frontage at the twenty -foot line. DISCUSSION Environmental Assessment Worksheet The developer voluntarily prepared an Environmental Assessment Worksheet (EAW). (See the EAW on page 37.) The State does not require an EAW until there are at least 250 proposed homes. The purpose of an EAW is to gather enough information on the environmental impact of a project to determine if the City should do an environmental impact statement (EIS). The City sent the EAW to thirteen Federal, State and regional 2 agencies. We received four replies. Three of the agencies stated that an EIS is not needed. There were several suggestions for changes to the project. The Minnesota Historical Society said there are no known historic properties on the site. They also stated there probably are no unknown significant historical or archaeological properties within the project area. (See their letter on page 54.) The Minnesota Pollution Control Agency (PCA) stated that significant environmental effects are unlikely to occur as a result of this project. Therefore, the preparation of an Environmental Impact Statement (EIS) does not appear warranted. The PCA did have several comments about water quality, solid waste and air quality issues. (See their letter on page 55 and the staff reply on page 57.) The Metropolitan Council stated that an EIS is not necessary for regional purposes. The Metropolitan Council staff had several comments about the wetlands. (See their letter on page 59 and the staff reply on page 61.) The Department of Natural Resources (DNR) questioned whether the EAW provides enough information for the City to decide whether this project needs further environmental review. (See their letter on page 63 and the staff reply on page 67.) It is important to note that these letters were written in late September and early October. Since then, the developer has changed the project to address the above concerns. The developer has dropped seventeen lots, prepared an environmental study and changed several of the street and lot designs to save wetlands. The staff is recommending several conditions, such as wetland buffer zones, I to address the agencies' comments. Environmental Impa Statement Requiring an environmental impact statement (EIS) is a big step from an environmental assessment worksheet (EAW). The State does not require an EIS unless there are at least 1,000 proposed homes. Greg Downing, from the Environmental Quality Board (EQB), told me that an EIS takes nine to twelve months to complete and costs a minimum of $100,000. Only one out of 120 EAW s ever go to the EIS stage. Very few EIS's are done on residential projects. It is very difficult for the developer of a project like Oak Ridge, with only 131 lots, to justify the time and expense of an EIS. That is the reason the State developed the EAW process. The EQB rules give four criteria for deciding whether to order an environmental impact statement (EIS). Only two apply to this project: 1. The type, extent and reversibility of environmental effects 3 29 The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. Based on the changes in the dev eloper's plans, the EAW co • letters from special .interest � comments from other agencies groups, comments and letters from residents runent and the - staff report, we feel that the environmenta issues have been adequatel q y addressed. There has been more environmental information presented • restrictions recommended on t and more environmental this proj than an other in ' Information from an Y the City. Further EIS Is unnecessary and may be c ' y c ost- prohlbl' tive for the develop Land Use Plan and Zonin Ma Chan�tes One of the advantages of this project is that this property would be developed with single- dwellings instead of multiple dwellings and manufacturing uses. The current land use plan and zoning allows for multiple dwellings and light manufacturing, in addition to single dwellings. Multiple dwellings include double dwellings, town houses and small apartment buildings. These changes would drop the allowed density on the site. The current zoning would allow a maximum of 566 apartment units (if there were 50+ units building), about 36 single dwellings and light rnanufaeturing on the land zoned M -1. The proposed R -1 (residential low density) classification is for single dwellings with a maximum density of 3.5 units per acre. The developer is proposing a plat for only 131 homes or 1.1 homes per acre. This is only 22% of the allowed density under the current zoning. The property owner stated that he opposes any change in the land use plan or zoning unless the City approves the Oak Ridge plat. .Street Vacation There is no public need for the undeveloped 33-foot-wide way. rig e Hoyt Avenue street right-of- g y is east of Sterling Street and no g public need because: rth of the plat. There is no 1 • The adjacent properties would be better served by other streets. The developer would dedicate new streets for the property south of Hoyt Avenue. The developer is showing on the plat how the property north of Hoyt Avenue could be developed without Hoyt Avenue. (See the preliminary plat on page 30.) 2• To construct Hoyt Avenue, the City would have to fill a wetland and construct a new wetland to compensate for the filling, The Hoyt Avenue right -of -way covers parts of two existing wetlands. I1 The City should keep a drainage easement over this right -of -way for the existing wetlands. If the City vacates this right -of -way, it would become part of the property to the north. Subdivision. Code Variations -. Arlington Avenue and WrUe Street The Code states that in no case shall cul -de -sacs exceed 1,000 feet in length, unless no other alternative is possible. There are three alternatives that would not require the long cul -de -sacs. The first alternative connects the Arlington. Avenue cul -de -sac from McKnight Road with the east end of the existing Nebraska Avenue. The developer prepared a plan showing this connection on the grading plan. This plan would add four lots to the plat but would require that the developer fill a 0.23 -acre wetland (Wetland M on the preliminary plat) remove about forty more trees. The second alternative connects the westerly Arlington Avenue cul -de -sac across the pipeline to the easterly Nebraska Avenue cul -de -sac. The developer would lose four lots and have to construct another 520 feet of street. Connecting these two cul -de -sacs would have the following adverse effects for the City 1. The developer would have to, do extra grading and up to fifteen feet of additional Wig, This would disturb an additional 1.8 acres and result in the loss of 59 more trees. 2. The developer would have to construct the street and utilities on large amounts of fill. The City Engineer recommends against this. The street would have an 8% grade. This is the maximum grade allowed by the City. The third alternative would be to connect Arlington Avenue and Nebraska Avenue, but lower the pipeline. (This is the Planning Commission's recommendation.) Lowering the pipeline would reduce the street grade, filling and tree loss. There would still be more tree loss than not connecting the cul -de -sacs. Lowering the pipeline would cost about $80,000 plus additional street and utility costs. The decision on this Code variation is a choice between improving traffic circulation versus saving trees. Denying the variation would eliminate the long cul -de -sacs and improve traffic circulation, but would result in the loss of more trees. The staff had recommended to the Planning Commission that the City Council approve the long cul -de -sacs. This recommendation was based on a previous City Council decision. The Council approved similar Code variations on March 9, 1987 for the Budd Kolby Second Addition plat. This plat is south of Linwood Avenue and east of �I McKnight Road. The Council approved a 1275 -foot cul -de -sac for Dahl Avenue and a 1225 -foot cul -de -sac for Dorland Road. The Council a roved ' these Code vari pp ations because the developer would have had to add I fill and remove trees to make a through g street to the south. The staff had recommended against the cul -de -sacs. (Refer to the Council approved plan on page 35 and the staff ro osal on page 36.. P P P g ) Since the Planning Commission meeting, we have changed our recommendation to agree with the Planning Commission. our reasons are similar to the ones we made in 1987 on Dahl Avenue and Dorland Road: L A through street would be easier for the police to patrol. 26 A through street would provide a second means of access if the road is blocked. A utility break or a tree falling down in a storm could block the road. 3. Removing snow from cul -de -sac bulbs takes more time than plowing a through street. (This is true of all cul -de -sac bulbs regardless of their length.) 4. A through street would provide better traffic circulation. 5. Streets are permanent while trees can be replaced. Many of the trees will be lost anyway with the construction of homes. This is particularly true of oaks, which are very sensitive to construction. The developer told us that he had a meeting with some of the neighbors. He said that the neighbors at this meeting did not want Arlington Avenue connected to Nebraska Avenue or extended across the pipeline. The only change they wanted was to shorten the cul -de -sac. If the Council decides to approve the long cul - de - sacs, they should approve the resolution for a Code variation on page 123. Subdivision Code Variation - Montana Avenue The long cul -de -sac on Montana Avenue meets the Code requirements for a Code variation. Because of the wetland to the south and east of the Mont Avenue cul -de- sac, there is no practical way to eliminate the Montana Avenue cul -de -sac. This cul -de- sac would only be 160 feet longer than the Code allows. This cul -de -sac would be shortened to 300 feet when the ��ro a to the north is developed. However this p P �Y P could be a long time. 6 PP etiminary Pim open Space In 1980, the City requested that the County buy this site as part of its open space program. The County decided not to buy this site. The County felt that the City could regulate any development to preserve the needed ponds or drainage functions. In 1992, the Maplewood Open Space Committee rated this site first out of the 66 sites that they studied. The Committee made several recommendations about this site. (See their memo on page 80.) The Committee's first choice is for the City or County to buy as much of this property as possible. Their second choice would be for the City or County to buy part of the site. The Committee recommended two areas. The first area is Lots 93 and 124 -128. The second area is Lots 55 -58. The Committee ranked the smaller areas against their 66 sites. The smaller areas ranked second in the overall City ranking. The Committee's third choice is to have the City work with the developer to preserve as many trees as possible. The developer is trying to accommodate all three recommendations depending on the City's preference. He would be open to an offer to buy ll or art of the Y p site. Secondly, he would not grade or remove the trees on the lots in the Open S ' p pace Comnuttee s second choice until March 1, 1994. Thirdly, e has designed Y gn the plat to preserve the wetlands and maximize the existing trees. Deadline for Plat Approval State law requires that the City act on the ' develo ers application b P PP y January 25. The City has 120 days from the application date to act on a relimin 1 ' p ary plat. This time eriod expired on January 2. The developer approved a time extension P PP ion until January 25. The review of this project has taken lon er than usual because o g f the EAw process, the number of applications and the issues raised b other agencies, ' y g es, special interest groups and residents. Approving this plat does not prevent the City from negotiating with the developer to buy all or part of this site. The City, however, cannot hold up the plat to negotiate unless the developer agrees. If the City Council decides to order an EIS and approve the preliminary pp p nunary plat, the EQB requires that the Council add three conditions: Since the staff is ' not recommending an EIS, these conditions are not included in the recommendation. The Council would have to add the following conditions on page 18: 8. This approval does not preclude the City from imposing changes in the project or mitigation measures that would reduce or avoid environmental impacts that are disclosed in the EAW, comments received on the EAW, the EIS or comments received on the EIS. 9. Completion of an EIS according to State rules. 10. This approval does not preclude the City from choosing another alternative design or a "no -build alternative" over the ro osed project because of P P P environmental reasons consistent with State law. Wedands The developer plans to increase the wetland acreage on this site. There are 21 separate wetlands on 42.7 acres. The developer plans to fill 1.11 acres or 2.6% of the existing wetlands. He will build two new wetlands with a total area of 2.3 acres. The first new wetland would be north of the tracks and east of the Williams Brothers Pipeline. The second new wetland would be between Currie and Myrtle Streets. The developer has labeled these areas as wetland mitigation areas #1 and #2 on the preliminary plat. (See page 30.) The result would. be a net increase of 1.19 acres or 2.1 times the amount they would fill. This is twice the amount required by the Watershed District's "no net loss policy". Several agencies regulate wetlands: 16 The Army Corps. of Engineers has approved a permit to fill the 1.11 acres of wetland, subject to the Minnesota Pollution Control Agency (MPCA) certifying the permit. Larry Zdon from the MPCA told me that the MPCA is ready to certify the permit. State law prohibits them from doing so until the City Council makes a decision on whether to order an EIS. The MPCA stated that an EIS does not appear warranted. (See page 55.) 2. The Watershed Board considered a permit for this project on January 7. They decided that no changes were needed in the developer's plans or the permit P P P recommended by the Watershed Board staff_ The -Board tabled the final apprnyal of a permit until their February 4 meeting. They did not want to influence the City Council's decision on an EIS. (See their letter on page 70.) 3. The Department of Natural Resources (DNR) protects the three large wetlands (Outlots A, B and Q. The developer would not fill the DNR- protected wetlands, so they do not require a pernut. The developer is proposing sedimentation ponds to protect the water quality of the wetlands. Water from site run -off will first enter the sedimentation ponds before going P g g into the wetlands. The sedimentation ponds will allow suspended materials to settle out in the basins before the water goes into the wetlands. 8 The developer is proposing to dedicate the wetlands to the City or record covenants around the wetlands. These covenants would inform property owners about any wetlands on the site and the rules for protecting them. To further protect the wetlands, the City should require:. 1. Ten -foot -wide buffer strips around all wetlands and a twenty -foot building setback. The buffer zones would keep the areas around the wetlands natural and undisturbed. The buffer zones and building setbacks would help to protect the wetlands from the effects of urban development such as filling g , mowing and run- off. 2. Permanent signs around the edge of the buffer strips. These signs would mark the edge of the buffer strips for the roP� e owners. P Trees Most of the dry ground on this site is covered with trees. There are 65.2 acres of trees on this 11 7.8 -acre site. Most of these trees are red and white oaks with some aspen trees near the wetlands. The developer estimates there are 21 large trees (over 8 inches in diameter). This is an average of 33 large trees per wooded acre or 18.3 large g trees per gross acre. As part of the site grading, the developer would have to remove 16.9 acres or 26% of the trees. This would require the removal of 558 large trees and would leave 1594 large trees. This means there would be an average of 13.5 large trees per gross acre remaining after the developer prepares the site. This exceeds the Cites minimum standard of having at least ten large trees per gross acre. To meet the City's tree ordinance, the developer has enlarged several lots. The City's tree ordinance allows the City to require that the developer enlarge his lots u to a P g P maximum of 15,000 square feet, if this .increase would save trees. To save as many trees as possible, the developer plans to do the minimum grading needed to prepare the site for development. This would include adin for the 8�' g utilities, streets, mitigation ponds and sediment basins. The developer would also do some grading on the lots where there are steep slopes. The remaining grading would be done by each home builder as part of the house construction. This would allow each builder to only remove the trees needed for the specific house P lan. 9 Soils The Ramsey Soil and Water Conservation District reviewed this project. They stated that this site presents unique problems, but the soils would not present a problem to development. (See their letter on page 71.) Phasing Plan The developer is proposing to do the rough grading for this development at one time. He would do the remainder of the work in four phases.. (See the phasing plan on page 30.) Traffic Several neighbors are concerned about the amount .and speed of traffic on Sterling Street and Montana Avenue from this project. The homeowners' association for the condominium association on Montana Avenue recommends making Nebraska Avenue a through street. (See their letter on page 84.) This would route some of the traffic from Montana Avenue to Nebraska Avenue. This would require a pipeline crossing, q P P g, increased site grading, tree loss and additional wetland filling. The proposed plat has 94 lots that would use Sterling Street or Montana Avenue for access. These homes would generate about 940 trips per day. (The Institute of Traffic Engineers estimates that the average house generates ten trips per day.) These trips would be divided between .Montana Avenue, Lakewood Drive and Sterling Street. There may be some additional traffic on Myrtle Street, Lot Sizes and Home Values Several residents asked about the proposed lot sizes and home values. The smallest lot would be 10,434 square feet with an average lot size of 19,178 square feet. The developer will have to increase the size of several lots to meet the City's tree ordinance. Most of the lots within 350 feet of this project are between 10,000 and 12,000 square feet. As long as the developer meets the City's minimum area and width requirements the City cannot require larger lots. The City cannot guarantee a minimum home value. The City does require a minimum floor area. The minim floor area for a one-story ome in Maplewood is 950 s rY uare q feet. We do not know the proposed house types or values, since the developer plums to sell the lots to contractors. Considering the size and value of the lots, it is likel y that the homes will exceed the minimum floor areas required by the City. 10 Pipeline Three Williams Brothers pipelines run north and south through the middle of this site. Only one line is in use. The developer has designed most of the plat so the new lots would have the pipelines in their rear yards. The City Code requires that a house be set back at least 100 feet, from a pipeline. (The developer has shown this setback line on the preliminary plat.) The lots next to the pipeline would be large enough to meet this requirement. Trails The developer is proposing to build eight, paved trails within the plat: 1 -4. Four trails at the .end of the proposed cul -de -sacs that meet at the pipeline. 5. A trail on top of the pipeline between Lots 44 and 75 to connect the cul -de -sac trails. b. A trail in Outlot D (between Lots 6 and 7) to the City park. 7. A trail in Outlot B (between Lots 18 and 19) next to a wetland.. 8. A trail between Lots 82 and 83 to the future park. These trails will allow residents to walk or bike between the cul -de -sacs and parks, rather than going through private yards. Many of the nearby esidents say the y y y are now using this property for walking and observing wildlife and the wetlands. The City should require that the developer build these trails when he builds the streets. This is so that new lot .owners see the finished trails before buying their lot. The City has had problems putting in trails in other developments after the home buyers build and occupy their new houses. (The Crestview plats and the Crestview Forest Town Houses are examples.) Residents may object to the future construction of these trails because they were not aware that the City would build them before they bought their homes. Park Several of the neighbors felt that the City would need active park land with this development. The City's Comprehensive Plan identifies the area between Larpenteur Avenue and the railroad as a neighborhood park study area. The Parks Director is negotiating with the developer to purchase a 2.3 -acre park. The proposed site is in the south part of the plat at the end of Mary Street. This site is 11 mostly level and there are trees on about the north one- half. Access to the ark would p be from Mary Street and from a bituminous path from Arlington Avenue. The City tY would develop this park as a tot -lot or mini -park. The Parks and Recreation Commission approved this P lan, We have received a petition from forty people opposed to putting the park by the railroad tracks. (See the petition on page 118.) Before the Soo Line and Burlington Northern abandoned their tracks, the City had at least four parks along active railroad lines. Railroad Lot..88 on the south end of Mary Street is nearest to the railroad right-of-way. The . north set of train tracks is 94 feet south of the railroad right-of-way line. Thus with . g y the City side yard setback requirements, the house on Lot 88 would be at least 99 feet north of the north set of tracks. Lot 30 is the next closest lot to the railroad. The house on this lot would be at least 250 feet from the tracks. Cost of a Water Main Relocation The City .Engineer is requesting that the developer abandon a 16 -inch exusting water main. This main runs from Lot 92 to the railroad. The engineer is recommending that the developer replace this main with a 16 -inch main in Arlington Avenue and Mary Street that connects to the existing main again that goes under the railroad tracks. (See condition (h) on page 16.) The developer is proposing to retain the 16 -inch main and construct an 8 -inch main in Arlington Avenue and Mary Street. The developer is requesting that the City pay for 600 feet of the 16 -inch pipe. The staff is recommending that the developer pay this cost. (See the letter from the developer's engineer on page 79.) Front Yard Setback Variance The City's environmental protection ordinance states that development shall be designed to preserve large trees and woodlots, where such preservation would not effect the public health, safety or welfare. This variance would reduce the grading of house pads into .slopes, provide more room for the wetland buffer zone and save about seventy large trees. Contrary to the DNR letter (page 64), this variance would not increase the number of lots. Increased Front Selback The houses on Lots 5 and f on the north side of Arlington Avenue will need an increased front yard setback. This is because of the existin g wetland in their front yards. The house on Lot 5 would have a 90- to 110 -foot front and setback. The house use 12 on Lot 6 would have a 60- to 80 -foot front yard setback. These proposed setbacks would meet the Cites standards for larger front yard setbacks. This is because the proposed house sites would not effect the drainage or the privacy of adjacent homes. The property to the rear of these lots is a ..City park. Reduced Street Widths Section 29 -52 of the City Code requires that local streets be 32 feet in width (gutter to gutter).. The Code states that the City Council may permit variations from this . yP requirement in specific cases which do not effect the general purpose of this section. The developer would like to build 28- foot -wide streets. The City Engineer ' ty gin and .Public Safety Director are in favor of this Code variation if there is no arkin on on p g one side of the street. The narrower street would also be an advantage if the Council a pproves pproves the front setback variance. The narrower street would rovde a la r g er set p g ..back between the street and the homes. Summa �Comments While many of the neighbors would prefer open space, this is probably the best development the City or neighborhood could expect on this site. The developer has a good - track record with us. The City could still negotiate to buy all or part of this site for open. space after approving the development. If the City denies this project and cannot afford to buy the whole site, the door would then be open for someone to develop this site with multiple dwellings at a higher density. RECOMMENDATIONS 1. Make a finding that there is no need for an environmental impact state . p statement for this project, because the project does not have the potential for significant environmental effects. This finding is based on the January 14, 1992 staff report and the City's letters responding to those who commented on the EA W. II. Adopt the resolution on page 121. (This requites at least four votes). This resolution changes the land use plan from R -3M (medium density residential) to R -1 (single dwellings), revises the open space designations and drops the minor collector street planned on Hoyt Avenue, because: 1. The developer is proposing to develop the site for s. single dwellings. 9 2. Single dwellings would be more compatible than multi le dwellings p g with the homes to the north of the site. 3. This change would reduce the allowable density and traffic from this site. 13 III. Adopt the resolution page 122. (this requires at least four votes.) This resolution changes the zoning from R -3 (multiple dwellings) and M -1 (light manufacturing) to R -1 (single dwellings), based on the findings required by the City .Code. IV. Deny the Code variation for the Arlington Avenue, Currie Street and My rtle Street cul-de -sacs, because: 1. A through street would be easier for the lice to patrol. Po P 2. A through street would provide a second means of access if the road is blocked. 3. Removing snow from cul-de -sac bulbs takes more time than plowing a through street. 4. A through street would provide better traffic circulation. 5. Streets are permanent while trees can be replaced. V. Adopt the resolution on page 125. This resolution approves a Code variation for a 1160 -foot -long cul-de-sac for Montana Avenue, because: I. There is no practical alternative. 2. The cul- de-sac length will be reduced when the property to the north is developed. VI. Approve the Oak Ridge preliminary plat. Before the City Council approves the find plat, the developer shall complete the following conditions: 1 Have the City Engineer approve the final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree and street plans. These plans shall meet the following 9 conditions: (a) The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Plan. (b) The developer shall only grade those areas that the City Engineer determines are needed to construct streets, utilities, sedimentation basins, mitigation areas or rough grading of steep slopes. 14 (c) The City Engineer must approve the final tree plan before the developer does any site grading. (d) Sedimentation basins shall provide 0.10 acre -feet of. storage above normal elevation for each tributary acre, based on the Maplewood Comprehensive Storm Water Management Plan If slopes, are steeper than 10 horizontal to t vertical, the developer shall fence the sedimentation basin. The developer shall landscape the sedimentation basin site with evergreen trees. The developer shall excavate the sedimentation basins to four feet below normal water elevation to provide adequate room for sediment storage. 'Sedi- mentation basins shall be a part of outlots dedicated to the City. 2. Sign an agreement with the City that guarantees that the developer will complete all public improvements and meet all City requirements. This agreement shall require that the developer: (a) Place temporary fencing and signs around the drip line of all trees that the developer will save. (b) Construct eight-foot-wide bituminous walkways at the same time as the developer builds the adjacent streets: (1) In Oudot D, from Arlington Avenue to the trail in Nebraska Park, and (2) Between Lots 6 and 7, 18 and 19, 12 and 13, 43 and 44, 61 and 62, 74 and 75 and on the pipeline between Lots 44 and 75. The developer may build a wooden observation deck at the end of the trail between Lots 18 and 19. (c) Have NSP install street lights in eleven locations, as shown on the preliminary plat plans. (c) Televise and inspect the existing trunk sanitary sewer within the plat before constructing utilities. The City shall reimburse the developer for the cost of inspection and all repairs from the city's sanitary sewer fund, as directed by the city engineer. (e) Allow the City access to abandon the existing sanitary sewer man- hole ( #31) in the wetland in Outlot B. The City will pay for this cost from the sanitary sewer fund. 15 (fl Replace all fine alluvial soils (soils other than sand or gravel) with sand within the two feet under the bottom of the aggregate base of the street. (g) Install perforated drains in sand subcuts at each catch basin lead crossing. (h) Abandon the 16 -inch water main from Lot 92 to the railroad. Re- place this main with a 16 -inch water main from Arlington Avenue to Mary Street and Mary Street to the existing railroad crossing that is south of Lot 88. (i} Construct a new stormwater outlet from the Outlot B pond through a culvert crossing the petroleum pipelines to the pro - posed wetland mitigation area. From the east end of the mitiga- tion area, build a 24-inch-diameter stormwater pipe through the park into the Outfot C wetland. ('T'he stormwater outlet from Outlot B is non- functional.) (j) Construct a storm sewer between .Lots 41 and 42 and Lots 11 and 12 around the wetland to the Arlington Avenue storm sewer. (k) Install permanent signs around the edge of the wetland buffer strips. These signs shall mark the edge of the buffer strips and state that there shall be no mowing, vegetation cutting, filling or dumping of lawn waste. (I) Insert an 18- inch - diameter plastic pipe in the top of both of the existing 36- inch - diameter outlet pipes for Outlot C under the railroad tracks. This will restrict the downstream peak flow rate and, assure structural - soundness of the existing deteriorated pipes. (m) Pay the City for the cost of no parking signs on one side of the streets. 3. Make the following changes on the plat and related .plans: (a) Revise the plat so that each lot has at least 75 feet of width at the proposed building setback line. (b) Revise the plat to provide at least 15,000 square feet of area above any drainage easement, where the developer can save large trees. 16 (c) Revise the plat so that each lot has at least 10,000 square feet above the drainage easemerrts. (d) Drop the sedimentation basin on Lot 45. (e) Drop Lot 88 if the sedimerrtation basin cannot be moved to the end of Mary Street and indude Lot 88 in Outlot C. Shorten the cul-de-sac and expand the sedimentation basin. (fl Move the proposed sedimentation basins between Lots 123 and 125 and Lots 109 and 110 so they irorrt on a street. Combine them with a pipe if passible. (g) Provide a utility easement on Lot 128 extending 15 feet west from the water main. (h) Cul- de-sac bulbs shall have 47 -feet radius curb returns. (Q Required outlots shall be dedicated with each phase. G) Show drainage easemerrts around the wetlands proposed for stormwater drainage. (k) Lower the pipeline and connect the Arlington Avenue and Nebras- ka Avenue cul-de -sacs across the pipeline. (� Change the name of the Nebraska Avenue cul- de-sac to Arlington Avenue and change the name of the Arlington Avenue cul- de-sac (east of the pipeline) to Sherwood Avenue. 4. Record covenants or deed restrictions with the final plat that do the following (a) Prohibit the construction of a house or its attachmerrts within 100 feet of the Williams Brothers pipeline or within 20 feet of a wetland boundary. (b) Inform property owners about any wetlands on the site and pro- hibit any mowing, vegetation cutting, filling or dumping, including . yard waste, on the wetland or on a ten -foot buffer strip around the wetland. The. Director of Community Development may approve a reduction in the buffer zone for specific lots with an unusual hardship. (This efltn any lot abutting a wetland.) 17 5. Deed outlots A, B, C, D and E according to the phasing of the plat. fi. If the City decides to buy the "Future City Park" in Outlot B and has not paid the developer for the park befioce recording the plat, the City will .sign an agreement to do so. If the City decides not to buy the park, the developer shall show the park as an outlot for future platting or apply for a new preliminary plat. 7. Sign an agreement with the City that pertains to Lots 55-58, 93 and 124 135.. This agreement shall state that the developer shall not do the following until March 1, 1994 without the approval of the City of Maplewood: (a) He shall not sell these lots. (b) He shall not grade or remove trees on these lots or Oak Circle, except for what is needed to build Sterling and Mary Street. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any conditions that do not apply to the final plat. VII. Adopt the resolution on page 127. This resolution approves. a variance of up to ten feet for the minimum front yard setbacks in this plat. The City should approve this variance because: 1. The amount of significant natural features on this site create a hardship that is unique to this property. 2. Approving this variance would preserve large trees that would be lost without the variances. 3. This variance would allow a wetland buffer strip. 4. The variances would meet the intent of the ordinance, since most of the I ots would have similar setbacks. This variance shall not apple- unless the following conditions are met: 1. The reduced setback is needed to avoid the loss of large trees or encroachment on the wetland buffer strip. is 2. There must be at least 75 feet of lot width at the building setback line (Code. requirement). 3. There shall be.no more than a five -foot difference between adjacent front setbacks, unless approved under the provisions of section 3-70. VIII. Adopt the resolution on page 129. This resolution vacates the Hoyt Avenue right -of -way, east of sterling Street. (This requires at least . four votes.) This vacation is subject to the City keeping a drainage and utility easement. The City should vacate this street because it is in the public interest. It is in. the public interest, because: 1. The adjacent properties would be better served by other streets. 20 To construct Hoyt Avenue, the City would have to fill a wetland and construct a new wetland to compensate for the filling. 1X. Approve a front setback of 90-110 feet for Lot 5 and a front setback of 60-80 feet for Lot s, - provided that the required rear yard setback is met and the setback is the minimum needed to avoid the wetland buffer zone. X. Approve the resolution on page 130. This resolution approves a. Code variation for 28- foot -wide streets. Approval is subject to no parking on one side of the streets and the developer paying the City for the cost of no parking signs. 19 CITIZEN COMMENTS We asked the surrounding property owners . for their opinion of this project. We sent surveys to the property owners within 350 feet of the site. Out of 106 ro erties we P P received 67 replies. One reply was for the project, 61 were against and five had no comments. The City also received comments from 13 eo le who live more than 350 P P feet from the site. All 13 of these people were against the proposal. Because of the large number of surveys against this proposal, I have summarized their objections as follows: 1. The possible traffic patterns and increased traffic on Montana Avenue and Sterling Street. Require the developer to connect the Nebraska or Arlington Avenue cul -de -sacs. 20 The loss of wildlife habitat. 3. The possible damage, effects on and the loss of wetlands. This also includes the possible effects on the water table and then the effects on ro erties on Nebraska P P Avenue and Myrtle Court. This includes controlling the storm water run -off. 4. The. inconvenience of hawing construction equipment in the area for three or four .years. 5. There is no need for more housing in the area. 6. The loss of trees. The developer should keep as many trees as possible. 7. Require larger lots (one -half acre minimum) and fewer homes. 8. The length of the proposed Arlington Avenue cul -de -sac. 9. The City needs additional park area in the area for children's recreation needs. 10. The possible effects (crowding) on area schools. 11. The City needs more open space. 12. The owner should not develop it at all. 13. The price of the proposed homes and the possible effects on nearby property values. 14. Pipeline safety and setback concerns. 20 15. The possible effects of the railroad (noise, dirt, vibrarions) on the proposed houses. See the letters on pages 84 - 124 for examples of comments. 21. REFERENCE , SITE HISTORY November 7, 1963: Council approved a zoning map change from M -2 (heavy manufac- tur * g) to R -3 (multiple dwellings) and R -1 (single dwellings) . This change was for the eastern one -half the site. April 16, 1970: The Council adopted the Official Zoning Map for Maplewood. This included changing the zoning from R -3 (multiple dwellings) to R -1 (single dwellings) for the east end of this site. May 17, 1979: The City Council approved a special exception and building plans for Hillcrest Development. This approval was for a warehouse development on the east 28.5 acres of this site. (See the plan on page 33.) Hillcrest Development never built this- proposal. March 26, 1984: The City Council changed the zoning of 13.6 acres of this site from R- 1 (single dwellings) to R -3 multiple dwellings). This area was north of the railroad tracks and west of the area that the City had zoned .industrial.. The Council made this change after discovering an error on the official zoning map that the Council adopted in 1970. SITE DESCRIPTION Area: 118 acres Existing land use: Property Owner: Undeveloped Hillcrest Development SURROUNDING LAND USES North: Single dwellings and undeveloped property that the City has zoned M -1 (light manufacturing) and F (farm residential) East: Northern States Power LP gas storage facility on Century Avenue South: The Chicago and Northwestern Railroad tracks. Across the tracks is Bulk Service and aim's Prairie. West: Hillcrest Country Club across McKnight Road 22 TRAFFIC The City has identified McKnight Road and Larpenteur Avenues as arterial streets. Ramsey County designed these streets to handle 7,000 - 18,000 vehicles per day. In 1991, the County counted 10,100 vehicles per day on McKnight Road, south of Larpenteur Avenue. In addition, they counted 6,600 vehicles per day on Larpenteur Avenue, east of McKnight Road. When finished, the proposed development should generate an average of about 1,400 vehicle trips per day. (The Institute of Traffic Engineers estimates that the average house enerates ten trips er day.) Based on the g P Y existing traffic counts, McKnight Road and Larpenteur. Avenue could accommodate all the vehicle trips that this development would create. I I also expect several of the trips XP P that this development would generate would use Sterling Street to Larpenteur Avenue to Century Avenue to go to the north or south. On September 23 -25, 1992, the City Engineering Department did six sets of traffic counts in the area. These were on Nebraska and Montana Avenues at McKnight Road, and on Currie, Myrtle and Sterling Streets and Lakewood Drive at Larpenteur Avenue. (Refer to the map on page 71.) The highest recorded count was 1168 vehicles in 48 hours on Montana Avenue at McKnight Road. This was an average of 584 vehicles p er day at this location. The second highest count was 1146 vehicles in 48 hours on Lakewood Drive at Larpenteur Avenue. This was an average of 5 73 vehicles per day at g p Y this point. go \b- 3:memo5l.mem (24 -29) Attachments: L Location Map 2. Property Line /Zoning Map (Existing) 3. Pro Line /Zoning Map (Proposed) 4. Land Use Plan Map (Existing) 5. Land Use Plan Map (Proposed) 6. Proposed Oak Ridge Plat 7. Proposed Tree Plan 8, Proposed Tree Plan 9. 1979 Warehouse Plan 10. 1987 Hillcrest Concept Plan 11. Budd Kolby Plan - Council approved 12. Budd Kolby Plan -staff proposed 13. EAW 14. Letter from the Historical Society 15. Letter from the PCA 16. Letter to the PCA 23 17. Letter- from the Metropolitan Council 18. Letter to the Metropolitan Council 19. Letter from the DNR 200 Letter to the DNR, including report on flower and turtle 21. Letter from the Watershed Board 220 Letter from the SCS 23. Letter from Summit Envirosolutions 24. Letter from Peter Knaeble 25. Memo from the Open Space Committee 26. Area Traffic Count Map 27. Property Line Map (Hoyt Avenue Street Vacation) 28. Leger: Norton 29. Letter: Loibl 30. Letter: Simon 31. Letter and Petition from Moran (12 -2 -92) 32. Planning Commission Presentation by Moran (12- 21 -92) 33. Letter from Sierra Club 34. Petition against park 350 Land Use Plan Change Resolution 36. Zoning Map Change Resolution 37. Cut -de -sac Length Variation Resolution - Arlington Avenue 38 Cul -de -sac Length Variation Resolution - Montana Avenue 390 Front Yard Setback Variance Resolution 400 Hoyt Avenue Street Vacation Resolution 41. Street Width Variation Resolution 42. Preliminary Plat, Grading and Tree Plans (separate attachments) 24 NORTH SA /NT PAUL 29 68 1 doom pit AV i s z L Y dr W w Q v ti W 30 MC KNIGH T L N Ono M� T CARPE NTEUR AV LAJ T29 N R 22 W. O IDAHO HO AV I t o ,. �C 1� 13 dr 23124 vs ' t 1 :•::::::::•:•:::: 1. �c a ...........:.:..:.:}:`�� P A EL DR '' ::;''' S P R� CCA DR E e R As ��5 � 1 AI TR t P 3 P EE DR .� I o 3 4 4 BIRCH VIEW OR Cr �.� 2 ., : ,.• YqN 1 DR MLAN�4 Cr .... . BE .•. ... S PINE TRFEDR BOA K fllL L Y 6 BIRCH TREE DR A NGELAI 7 ROLL INQ HILLS DR / ANTELOPE W4Y Jrin s Pro.irie _ .......L... # !� IIAI�YERJACK • LA �` '' & MICKEY .5 6i A l,�.. 3 BEAVERDAL E RD :: :�r Q IVY ._.. / / BO LA � ;✓'�' ELKHEART t.•4 " COUGER LA LOCATION MAP :? SITE .......:. 25 Attachment 1 New 4 N 68 E W _ CBI t Z 31 �_ _ 4�_itu 1 N A HAWTHORNE A / 3 i 68 ROSE ST A � � � . GERI� a ` MAG IDOL AV 4v �p Of LOCATION MAP :? SITE .......:. 25 Attachment 1 New 4 N J. z im CO) .41 R-1 = SINGLE DWELLINGS R-2 = SINGLE AND DOUBLE DWELLINGS R-3 = MULTIPLE DWELLINGS �' PUS mom-*) PUS I % R3 MI-1 = LIGHT MANUFACTURING PUD = PLANNED UNIT DEVELOPMENT SITE PROPERTY LINE / ZONING MAP EXISTING Ml war N.S.P. M&L I 26 Attachment 2 : , ASR . . ,"r ! t� �, _. + 0— .7� `. — Ir • y map .. ••• r.rr�..� r S. mom ft • s low y: •'K ••• , ••: N N::: • s : •• ..Ii h y��J.�..y ; wyy y a . N •••: • •: N�.•r • • :• h + �~ :qty~ ..~•. �~ 1 - 'v •. r.�. AK•. It M•MMM WWI ►- alp �� •� r W! 1�5 � • 4 #9 4 « f 40, .»_ '.'$ 40. 11 W Sol " F 7 m l ••• r ! t � V rH W o , M t ' � ! . ti! t it ) M fr L: VA I •�''•'•�•••'••• '•• .�•.''••• - -yam ''y '�•••' : , ASR . . ,"r ! t� �, _. + 0— .7� `. — Ir • y map .. ••• r.rr�..� r S. mom ft • s y: •'K ••• , ••: N N::: • s : •• ..Ii h y��J.�..y ; wyy y a . N •••: • •: N�.•r • • :• h + �~ :qty~ ..~•. �~ 1 - 'v •. r.�. AK•. It M•MMM WWI �� •� r W! 1�5 � • 4 "'I NSSRA AV AQ6. • v ! R3 40. 11 • • r F M1 .» ice ;"•.'••. h•S•• :.•••y. �! ;=may . ": N . : ;y f A _•t + ��.•'' ' h tH1.• R3 '•�• may : yyN •••• y _ alums i ' 1 � PU D� PUD A•r0 • 1 �• l •. R -1 = SINGLE DWELLINGS R•-2 = SINGLE AND DOUBLE DWELLINGS R -3 = MULTIPLE DWELLINGS M -1 = LIGHT MANUFACTURING PUD = PLANNED UNIT DEVELOPMENT PROPERTY LINE / ZONING MAP SITE PROPOSED Q N 27 Attachment 3 •.. �-h y �h y: •'K ••• , ••: N N::: • s : •• ..Ii h y��J.�..y ; wyy y a . N •••: • •: N�.•r • • :• h + �~ :qty~ ..~•. �~ l �` WWI �� •� r AASK�At7 � • 4 R3 • • r F M1 .» ice ;"•.'••. h•S•• :.•••y. �! ;=may . ": N . : ;y f A _•t + ��.•'' ' h tH1.• R3 '•�• may : yyN •••• y _ alums i ' 1 � PU D� PUD A•r0 • 1 �• l •. R -1 = SINGLE DWELLINGS R•-2 = SINGLE AND DOUBLE DWELLINGS R -3 = MULTIPLE DWELLINGS M -1 = LIGHT MANUFACTURING PUD = PLANNED UNIT DEVELOPMENT PROPERTY LINE / ZONING MAP SITE PROPOSED Q N 27 Attachment 3 1 0 F - 0.i� Rw «at• er..•• 6er� cw" P gee o� .arp e nt e ur REVISED mayor arterial R-1—J I WJ In v Y tip V Mc Knight 0S Open Space P Parks R -1 Single Dwelling (10,004- square -foot lot areas) S School ii R -3M Multiple Dwellings (5.5 - 9.5 units /acre) R -3H Multiple Dwellings 1 NC p g (9 .5 - Neighborhood Commercial Center 6.3 units /acre) CO Commercial Office Center s M -1 Light Manufacturing BC (M) Business Commercial Modified Center LAND USE PLAN ---------------- r I' I� .r EXISTING SITE l� { 28 Attachment 4 r mill P o� �o -0 Y t0 REVISED major arteriai R-1—� W� I u tow Mc Knight OS Open Space ks R -1 Single Dwelling (10,000 - square -foot lot areas) P Paz S School R -3M Multiple Dwellings (5.5 - 9.5 units /acre) NC Nei hborhood Commercial. Center R -3H Multi ple Dwellings (9.5 - 16.3 units/acre) g - -- -- CO Commercial Office Center M -1 Light Manufacturing BC(M) Business Commercial (Modified) Center LAND USE PLAN SITE P ROPOSED N 29 Attachment 5 M 1 w!1 ' ` V f • • 1 • �� \ Z ' cc LIJ I 1 CA o % done W cz o {C30 19i{1S }- — [ - NI U * ' Q CO M T H ASE 3 ' 1 uj m m ' _ t IL z c c ... f .. _. ...._...}..w,......►......o,.� i ,� . Q 1 , \ T! u PHA 2 \ aw )r STERLING STREET j- •- -j- ;..- - -•: -,; •, j E3 - PHAS � �, ; \ �► ,, �� ', � `, � WET GARY LAND MITIGATION COURT - r , • ,� AREA *1 PHASE 4 qp ETLAND as • 1 1 '.. • . ,_...i' :::: Ca - -�-- • -�- -:__. pJpE LmE ��� MITIGATION ..:-PIPELINE . . �' ` _' s - -. ' F- ^ A I ��. AREA *2 Ili Ail 4 S . • 4' \ j< {{ � _• CHASE 1 L 1 «• !V ' - 1 \• Als I O • i -- - --- ' _ _ • _ 1 I (L) 1 •• i C3 •+ I• - . .;-, ,\ MW 3PJWZ 1 + I 1 \ N ' tfl�ll Ipu 'fit -� - - -• - -- 1 - -- - - -- OAK RIDGE PREL PLAT in Attachment 6 IL XA7 C4 0 ant a a � s � p Mft UP #0 WWL" OAK RIDGE TREE PLAN Attachment 7 OLVO IM 'ANYAKOO *3AN60 JQJ_ GOOM3idYn VIDdlu XYO fivu as" a 'I m 1 1 11 06M Ohm M 0 :VA14K*Ivi: L 10 x`'1"1 'Y �_�.�. �• �.��� , CL P l t` /� • ' arm.- .•.�' j f �r� 7�_ 4 V6 0 � a:.� �/ ' �• s �►� �r�a :,� a -4 _`�� r� y. a •i �.� /t t' .1� � • /'�- I � � � ' _ ... .� .tt• ♦/��<.o •Mfr'" •�`'� .mss _Y. �;!'•. �♦���;: ♦r. +.-tta OOM 0 ,:t ^.� � •�( a=_ .• r:_.. ^ _�� j - _ ti:t 5;,,���- '����'.�r•1 . �'��r.� •.,�.' vt 44 , ik- 0 , L C -1 �` "•� �.: y'"'��r:r =•y - � .:-' r ,v a..u;.`Y, `I,.t.r. �• 'ice. �.A�, '/ -• y c • c �r <. � ~ ± • t � ' , ��je7 :•e� .♦ ' ,,, ~� �i� �4" tt ;_. �'�! • � %i ��;1� � "�.F PC Y_' ° `` -Y- ^:Cc;: f k1� =iS� =Ln T � £ " hi^, ct:� .� ti`,.� G r t� /1 +_�.►� I g p SO Si�,f''' a ryy •tea Yk `vi« y'� -1F- t .TS �.. ,� i I/ I' /�' v�v 3 ' �• :� Irk. %4 : --vtf , A lp 10 r r 1 *; � , � 1�C�h - ' A� 6 +♦� r �' i � ' .r� ;,� ., r ���: 5 ` �'' S:!� +" .L, 04 ,4 A r ` " {�•Lys� �;;��i�ooe a ��;�� = -,'q `a + �•'•i:-��:�•���'' ��; ,.`�,.�� �'.tx - ��:� >�� ..`.o��'� _�i�, f,�s..�ti,�;�r NIN ;r .�i,�I - - -rte 1, A� ;A4 F1W � �. fir Are 0 J-4E ' _. do 0- WO . L ii j� V NO 4 11 llw W7. ,fe,v r z 40 r N 14 t. tL• W :�i �.i>� '�'/ / /�.: ��:4'�r.�'r'.'�• T.`; '�. •�..: •�. t � � r •° -i�r'F �1� _C •I. ` - J.1 ^t•- T -A�.0 _` �� v'•�a.'f � r't r ev ,- it • �. ? .,'i� s.� �t 'f� i '' �v �: - ' 1` .�i1 � � =i - .`_i :.R: �:ii •� 2� / w �t� v L MA �7 Zlb DAK RIDGE TREE PLAN R -/ rA M —/ ,do t op, Co IPA 40 ii,G� � � �i I � rt gP ' ( 40 f�� � Z� �. � � ,, I � � ' 4►• Jill,, -1 A&40ar 64w, gli.o l SAW, q9o.v � 4 4L. o All �4111 0 OAF 0 PC VF' OF Am, uew,.%A ffX^f'AAC TWMA %0" Comv" w T I. A JPA1 *bPAXAMI. 10'A20' 41. $110 rAZ•J1.164 SPACAP-lo SITE PLAN APPROVED WAREHOUSE PLAN (1979) Attachment 9 loop-- LJ 33 Z 4C .1 0. Ci Z STERLING STREET N W O CC V � oC .. Q _ Z Ui MCKNIGHT ROAD 34 .Attachment 10 ot HILLCREST CONCEPT PLAN (1987) ..._..._._..,, ,�, i LINWOOD L!! WOOD AVENUE A E ?f st f l PA b / /':,,•,�,� `• ,. 1 105 / - � L .• -` `. .� ti `••\ `�` ( `, ' n. I \ .�. MAC � � ; ( 1 �! . `R �.0 J, \ `•`tea � �' •� _•� 1 r � O � .���• , •� 1 `. \ .� � . - . 16 \� \ • �..._ .. :�, :.._.._,; � IPA� Vk Li y /1 it {.r� ,' ` ..,,..\ _ ��` . `�'�'f .. - �� _ti ' r r • �. {1�,` ' � i i �` i ,�\\ \�..��� -�'� O / . 'S' t , ` \, 141 � ���`� \��`,;`' tea •. ... •,, r .�'� 851 �• ``.` !�•� ..�+� 9_.{/ j / 0 448 L t `''S Y �i sib `� `` \2 a~ `••. ~-- '' ✓ 1 �p; j. /r J1/ DAHL ROAD • ,.ItI = „�. ; . `•_. =.!:4 13, l2 _ \''•.:N BUDD KOLBY 3RD ADDITIO \; J V I ...... 1 qp 0 29 to Budd K01b ?0 y BUDD KOLBY 2ND ADDITION.. Add i t i on (Approv ed 3 —10-86) ...• / ; �b • ..960 - . �� i �%' ii.' IN lu JI / NNW --- � �3�' % � �'�� .� �,.� ' 6• ', ,,�`�'; X1 lilt DETENTION of t; to FUTURE PHASE :� , ,�. -0 L6 uT T A ` \ ..� \ 1 UTLOT 0 1 J , Vst f/ If 14 ! f o/' Ouio/ A A irdo' �t'o -/#�:. f / ' ; j -==- 'Zo O ; rte ,� /� \ ; -- r _ _ y / r wjy4 •r Str i3. i I ( FUTURE HIGHWOOD, PLAT —r - -- _ Future 1 JEFFERSON FOMTH A ip CITY COUNCIL APPROVED PLAN � BUDD KOLBY SECOND ADDITION p .35 Attachment 11 1� .. ` `� ( �. ' •;�:;�; •''•• •r . +,� LINWO VAL T. • 0 �E� �(��• ♦ A ref �� ` • . •'r•"•:`•;� :•• :;�A �.ti, •�.. :� • '•��":'!!'' :;,/ ZO \ "• T •p ••+•�� 21 s ., ,h� .•, . •, DAHL ROAD O r 01 o - 23' 0 ' :14 ' ` \ �► Ski i `/ 1I , I 4 ,, � � ' . ., t � � • , l � � � I � . ` I / T" .. x• • ;•• � ,••'�;f ..: :. • i •: �:• ! • • r ,, ;•; • ':• :.''• . a • A •• .fit ' • '•••; ~ � U / .. y�. •:tiff« •� • r ..� f t/ I.1 ! I '' :•r►•::.: •.v:•:• ;ate::•: • 1. 3 • � J � P s ;.,� .; •::: •; ter•• --s . Y .. ' � >i '. "' � • '` j ,•C';'•.•.. 'r • . �' � :;:: :i;•'s�: � �. ;�• .\ `, wa . ( ,,ter -�. � � • , � r 1 J , , :::'�t r`•:':`'�►. ,•, \. ; , , • 37 -A ; dUT �.��' A •;' OUTLOT C I : - ti 1111 �; — •...,.and ` � ) � ` \ 1 . .;.ti •. y :c;':• �;� '• %' :•; , ! �, imba t� • \ 1 I i j ! 65 cb ��1�� `�, `, i f � ,Spu /S /.mot oI'G'�!�•l A, �udd /t`o/lSj► r�'�� I; c•c /.S / %n. +o!' 1 0l' NE•'i �, i �, ' \•\ t� ( : I /� � ! i' 1 ` �/, �'1/ 1 , X . / y ' �'lfrr �1 1►•,;• /? Wal kwa dedicated with 'y, l,•, !���:� �� •� : f / - -� ; y J: /1 , 1 Jefferson's 4th ► +Il ,�� i , , Street right -of - way . - i 1 i /, to be obtained. } � ! Addition. - t " - - - - -1 Future 1 JEFFERSON � FOURTH A iplV Note: Outl of B wi ll be developed with the property abutting to the east. STAFF'S DEVELOPMENT PROPOSAL Wooded area d i•s to rbe Ap - �.( plicant s Proposal) 12.6 total acres or 46% of net area. Additional wood area disturbed (Staff Proposal) 13.7 total acres or 51% of net area. - Source: l Attachment 1.2 $..� a n s s i hm, t t H - 36 r r nmronmental Assess me ntW orks.heet ( NOTE To PREPARERS This worksheet is to be completed by the Responsible Governmental Unit (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete .answer does not Et in the space allotted, attach additional sheets 'as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Boland (EQB) at (612) 296 -5253 or (toll -free) . 1-WO-652-9747 (ask operal for the EQB environmental review program) or consult TAW Guidm,J a booklet available from the EQB. NOTE To REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30-day continent period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS, (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in te EIS. 1. Project ntie Oa Ridge 2. Proposer G o n y e a Co., Inc . Contact �■�.•.�/ rson D B n n i s D. Go n y s a . • r•�.n ICI ..r.rlrw�llr.l..��rlrl�■p�r.��r �rrr� r rr �rll.�.i.�.rr r.� Address 50 Grove 1 and T e r r. Mpls*, MN , L 5.54Q3 ._. Phone 377-0191 3. RGU Ci ty of Maplewood Contact person G e o f f Olson ftv%A Dir. I.rl■I�.Irrl I I r�l ��� of Comm D 'ev Address 18 3 0 E, Coo .Rd B I I I■r■r.rr I ■ .I .r Malp 1 % wood , MN 55109 . I �I...�.�IrY. ■I.Ir b Ir.r..l .1 I I.Y it ��I Phone 770 -4500 _ _Irl i w r..■r. I 4. Reason for EAW Preparation O 1 EIS scoping 0 mandatory EAW D citizen petition 0 RGU discretion YM Proposer volunteered If EAW or .EIS is mandatory give EQB rule category number(s) 59. Project L 1/4 1 A Section 24 Townshi p 29 Ran ge 2 2 Count Ramsey Ci /T Maplewood, MN LIIY■�I ��. _A ��q..�r��■�I�A a pp Attach copies of each of the following to the EAW. a, a county map showing the general location of the project; E A b. copy(ies) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries; Exhib B C. a site plan showing all significant project and natural features. Exhibit C 6, Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. Oak Ridge is a proposed single family residential development consisting of 148 lots ranging in size from 10,600 sf to 77,700 sf , ...and 3 outlots @ 39.2 ac., which will be donated to the City as park /open space . The. total site is 117.8 ac. The site will be served by city sewer and water which currently is on the property. The new roads will be 32' wide bit:. with 60' rights -of -way. Site grading for the entire site will begin in fall, 1992, and will be completed within 3 months. The entire subdivisi is expected to be completed within 3 years. (see Exhibit C) Provide a 50 or fewer word abstract for use in EQB Monitor notice: 37 Attachment 13 r ' OAK RIDGE EAW (Abstract for EQB Monitor notice) Oak Ridge is a proposed 148 lot single family residential subdivision located on a 117.8 ac. site in Maplewood, MN.. The site is currently served by city sewer and water. 39.2 ac. will be donated to the city as park/open space. .38 7. Pm*t Magnitude Data Total, Project Area (acres) Number of Residential Units Unattached 148 lots or Length (miles) Attached non e Commercial / Industrial / Institutional Building Area (gross floor space) Total NA square feet; Indicate area of specific uses: Office NA Manufacturing NA Retail • -_ NA , other Industrial NA Warehouse NA Institutional Light Industrial NA Agricultural NA Other Commercial (sue) NA Building Height(s) NA 8. PerfWts and Approvals Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government Type of Application status City of Maplewood Prelim. & Final Plat Submitted' & under review (Plan comm & City Council Ramsey Washington Metro Watershed Dist. US Corp. of Engr. . Grading Permit Wetland Fill Permit Submittad & under ray.iew. Submitted & under review 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. Currant and past land use are open space consisting of woodlands and wetlands . This proj act is compatible with adjacent land uses and there. are no potential environmental conflicts. Adjacent land uses are North & west (single family residential) Wast (golf course) South & east (industrial) 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): Before After efore 1 42.7 43.5 to Types 2 to 8 Wetlands Urban /Suburban Lawn Wooded /Forest 6 5 . 2 39 •7 Landscaping Brush /Grassland 909 0 Impervious Surface 0 18.1 Cropland 0. Other (describe) 0 0 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. , ► game) Wildlifa habitat (incl. s q uirrelt, rabbits dear & other small will ) most likely disapear from the. davaloped part of this site., into the un- de.velo pad part of the site. 34.6 ac. of habitat will be lost, and 83.2 ac. of ex. wildlife habitat will remain in its natural condition (incl. 41.1 ac. of watlands and 39.7 ac. of woodlands) . The. site. plan was reduced from 186 lots to 148 lots to reduca impact on wildlife habitat. b. Are there any state -listed endangered, threatened, or special- concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? JEkYes ❑ No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. 42.7 ac. of wetlands were. located on this site, by Summit Envirosolut ions. The. site has bean radasignad to minimiza the amount of f illing of wetlands (.1.6 ac.) . 2.4 ac. of new wetlands will be created as mitigation, (sea Exhibit D) 117.8 ac. 39 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredgin stream diversion, ' otttfall di k i n flilling, g, impoundment) of any surface water (lake, pond, wetland, s1�'' drainage ditch)] Yes ❑ No If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. 1.6 ac. of the 42.7 ac. of ex. wetlands on the site will be filled (1.4 ac. fill due public road const .) . 2.4 ac. of new wetlands will b . created (mitigated) on site for a total of 43.5 ac. This wetland filling will not impact- water surface elevations. 136 Water Use 8. Will the project involve the installation or abandonment of any wells? ❑ Yeac k] No For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number (if known). b. Will the project require an appropriation of ground or surface water (including dewatering)? ❑ Yes BIo If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. C. Will the project require connection to a public water supply? 43 Yes ❑ No If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. All 148 lots will be connected to the city of Maplewood water system. An existing watermain currently crosses this situ. 14 . Water- related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? X3 Yes ❑ No If yes, identify the 'ct and discuss the compatib' of the pro with the land wetla use restrictions of the district. The 100 year flood �levation l e ex. nds has been established 1py the City of Maplewood . THis project meets the Stormwa Mgmt . requirement .- . % for. the City of Maplewood, and is compatible with the City'.s Stormwater Mgmt . P lan . 15 Wate Surface Use . Will the project change the number or type of watercraft on any water body.? ❑ Yes U No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Ground water minimum 6 average 6 ' + Bedrock: minimum 6 0 ' + average 6 0 _' + Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need not be attached.) .Soils have fair: suitability or are well suited to building site development per the SCS. Steep slopes are the main limitation. The major SCS soil types in the areas to be built are : 169B Braham loamy fine. sand; 3.42 B ,C,D Kingsley sandy loam; 504 B,D Duluth silt loam. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 21 ; cubic yards 8 5 , 0.0 .0 Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. There are numerous steep slops on the site and they are shown on the grading plan (see Exhibit C) . Erosion and sedimentation control will follow the standard requirements of the{ :pity 'of Maplewood and the Ramsey Washington Metro Watershed Distr including silt fences and rock entrance pads. (see Exhibit E) . 40 I 8. Witter Quality - Surface W ater Runoff S. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and /or treat runoff. The amount of runoff from the site should not exceed existing amounts. Stormwater control measures will be accomplished par the City's Stormwatar Mgmt. .Plan . Stormwatar r,unof f quality is affected by street and lawns, and w 11 be. treated in sad. basins prior to discharg . into pxotacted wetlands. b. Identify the routes) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may #ed a lake consult "EA W Guidelines" about whether a nutrient budget analysis is needed.) Runo f r -om the site will continua to flow to DNR wetlands 22 2 41, 2 4 2 The.. impact" the watland quality should be minimal due to the pretraating of steam wat in sad. basins prior to discharge. 190 Water Quality - was"aters. . Describe sources, quantities, and composition (except for normal domestic sewage) of all 'sanitary and industrial wastewaters produced or treated at the site. This proje.ct will generate normal domestic sewage at an estimated rate. of 37 ,000 gal /day, based on 2.5 parlsons par home . b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on -site sewage systems, discuss the suitabil of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may of f ect a lake consult "EAW Guidelines" about whether a nutrient budget analyysis is needed.) NA C. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the abil of the system to accept the volume and composition of the wastes. Identify any unprovements which will be necessary. This prof Bct will use the ex. City sanitary sawer� system that currently crosses the site. The ax san. sewer system has the capacity to accept the volume and comp. of wastes from this site . (s Exhibit C) . 20. Ground Water - Potential for Contarnination 6 + minim + um; 6 ave a. Appro ximate depth (in : feet) to ground water . b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations /karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. No special site hazards are located on this site according to the SCS Soil Survey,, C. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. None, unl6ss individual homeowners us-a household hazardous wastes, or: lawn and gar -den fer :tilizer.s /herbicidms. 21 e Solkl Wastes; Hazardous Wastes; Storage Tanks L Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source se aration Ian; ?b" and how the pro' wiH be modifi to allow ff Th %. n rI ..is ro c ar.. normal �aunic al solid avast.. solid wasters p .. t nay 9 p 7 The City of Maplewood curriently has a curbsida rcycling program inplace. for newspapers, metal, and glass, and the homes within this project will be. part of this pr ram . b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). None 41 22 . 'traffic Parking s p a ces added 2 9 6 Existin g spaces (if P P� project involves ex sion) 0 Estimated total Ave*m n 4 1 Daily Traffic (ADT) generated Estimated maximum peak hour traffic generated .(if known) and its timing: , PM p e a k For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. Tref f is generation as a r -esult of this pr-oject will not lower. the lave l of se- r;vice or, cause any significant congestion on the adjacent city or, county rioad s . 23. Vehicle - related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project invohms 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed.} This project will not cause any significant decrease in air, quality. 24. Stationary source air emissions Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? ❑ Yes iR No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment. and the effects on air quality. 25. will the project generate dust, odors, or noise during construction and /or operation ?X® Yes ❑ No If yes, describe the_ sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Du st and noise will be generiated by the temp, grading, utility and street const Site grading should be completed within 3 months, and final project Completion within 3 years. Roads will be spnink led 1 1.dur-4ng cons t . to minimize dust, and const. activity will be limited to set times per City code. 26 . Are any of the following resources on or in proximity to the site: L archeological, historical, or architectural resources? 0 Yes fkNo b. prime or unique farmlands? ❑ Yes XX No C. designated parks, recreation areas, or trails? ❑ Yes )U No d. scenic views and vistas? ❑ Yes UXNo e. other unique resources? �U Yes ❑ No' If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. ThSre ar-e 42.7 ac. of wetlands on the site. 1.6 ac. will be filled and 2.4 acres of new wetlands will be created (see. Exhibit D)., 27. will the project create adverse visual impacts? (Examples include: glare from intense Iights; lights visible in wilderness areas; and large visible plumes from cooling towers or exhaust stacks.) ❑ Yes fi No If yes, explain. 28.. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of an local, regional, state, or federal agency? ❑ Yes ❑ No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. The pr,oj act as proposed , is consistent with the r.equir-ements of the City of Maplewood Compr- ehensive Plan, Zoning Or.d. , and Stor.mwater- Mgmt. Plan. 42 29. I�t an Infrastructure and Public Servlces Will new or ed u 'ties, roads other infrastructure or public e�lp� p services be required to serve the project? UcYes ❑ No If yes, describe the new or additional infrastructure /services needed. (Any inf r astructure that is a "connected action" with to the pr . qject must be assessed in this EAW, see EAW Guidelines for dttails.) New utl.U and roads arift proposed for this pr+oj ect. The utilit and roads will be owned and maintained by the City of Maplewood , and will be const to their, standards. The roads arse designed as local streets and will serve primarily the new residential lots (see- Exhibit C) . 30. Related Developments; Cumulative k.npacts 8. Are future stages of this development planned or likely? ❑ Yesx[R No If yes, briefly describe future stages, their timing, and plans for environmental review. b. Is .this project a subsequent stage of an earlier project? ❑ Yes JJNo If yes, briefly describe the past development, its timing, and any past environmental review. C. Is other development anticipated on adjacent lands or outlots? ❑ Ye9X ® No If yes, briefly describe the development and its relationship to the present project. d. if ab, or c were marked Yes, discuss any cumulative environmental impacts resulting from this P roject and the other development. 31 . Other Potential Environmental lmpacts If the project may cause any adverse environmental im pacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. None 32. SUMMARY of ISSUES (This section need not be completed if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document which must accompany the EAW.) List any impacts and issues identified above that may req uire further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or ma be considered for these impacts and issues, including those that have been or may be ordered as P ermit conditions. The major issue in this pr�oject is the f i lling of som` isolated non - DNR wetlands. of the 42.7 ac. of existing wetlands on site, 1.6 ac. will be filled (1.4 for, public road const .,) ., Th e ss 1.6 ac. of fill will be. mitigated by the cr- eation of 2.4 ac. of new wetlands on site. The project ect p � has been extensively r-edesigned from 186 lots down to 148 lots to minimize wetland filling. CERTIFICATIONS BY THE RG l' (alt 3 certifications must be signed for EQB accep tance of the EAW for pubficatibn 9' p of notice in the EQB Mon�tor) A. I hereby certi a tion contained in this document is accurate and complete to the best of m knowledge. Signature P y e. g B. I hereby the project described in this EAW is the complete project and there are no . P P j� other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased action ," , respectively, at Minn. Rules, pts. 4410.0200, sub p. 9b and sub p. 60. Signature P P C. I hereby certif Signature the completed EAW are being sent to all points on the official EQB EAW distribution list. Title of signer k Y Date 1V mewta Environmental Quality Board. Revised June 1990. EXHIBITS TO EAW A. Ramsey County location map B. USGS map with project boundaries C. Project Site Plans, dated 8/19/92 (11" x 17 ") 1-2 Preliminary Plat/Preliminary Utility Plan 3 4 Preliminary Grading /Drainage Plan 5-6 Tree Plan D. Summit Envirosolutions, US Corp. of Engineer Permit Application (7/16/92) E City of Maplewood, Erosion Control Measures ( #350, pg. 1 -3) 44 JW OWIWAWA 2 741P A A I looi Como VA Ad Fi MLT ro- g 71 AWjI P. ��1 Nil •• 1 r II t r 1�1 , � � I 7 Mom ��.. i l .__� -- _ . i 1 . r r /��, �� 1� /;::.•, � Vic* � �� ��I►�1r = -- '�� r ��.. "' �_ T�� _ +'ac _ ,•tt _ �c.]_ 1► .�._ Lr� ' � � I "ril �7.• - ` _ { : l �j ,7 � `;1 • i ��- � - i tom: �"- _',_.'� ) F � -. �,� � 1 �T•.� t �/ ` t M � Yw��) �� . 1 � � i . � ' �� i �- _ -�- _ i �� �� - <.. t i ' 1..� fir✓ r , ��� � . • •O' \ �J � f� 1I I - ...'� � -�_ - _ - Yt a-. - - - _ . _ ' t.�L F t2a. ._mil / / r �� - - .�..�b � � ' II � � li �` y t _���i �. -.rte: ,r t = -•-- - - ��_� '� ���+ � t , � t - � - � � i ce-: _ - �. , � —�— u :° �` "_ ;-rte • ` _ - ` te r - - � / (���� �-� 1 � -~ , , � +I r _ NF7 iris Alp 0 r Zo •t ..-- o�,. 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' • V f . ;'', L' �, .. , �1 �I� 1..�♦ I y �_ �•-- _ __ 7 -- _ -. - - - -_ f' • -� JJ _. ..a. . =Ll�.� { W.. i.� �_ ' �• 11 .� mow; \ \ ' • \ r V • �"'•� \l�r T.. /- ,t - '2�► ----;r s ` .�� ; ' � ��= �` , �,�,s 5* . � ... .'�'-� -� / fib \\ �'� _ f -�,_ , ' +� � , _� � � •.� ..r_.� , � � �:�J •...a..ar.� = �_ t • ✓ 1 � � c�., �i 1 � ' - +.i€�.Y.c'�� - % ' f`i' M �\ S k y � \- I '`!' , a\ \�ti! � 4 l ''' t� ^•�i • { { ��� g _� + ! �` i•t: �:1►t�l+ \� �� - / I L e�•••I ',1 'k �+. i�i y'""1• - f.� � �o ►�1 _.. is• ' l w� 1.�tt� b'' •,�,�'f - - t� � it � - _�.-- --� ��,� ��r 'c.. ' L�:.�� jT� �•;�rr}! 11� I t �• \ _ I i .•.t ��L� Kam .�1 `j �� i3 f►•O � 11 /� �i1� - � f.�Y _ �,� tip _ � : i�`• •'�; : � - _�����. � � I � � r}� o � 1,�� ^\ \� �.� f�"�`�+r/ �• Ir 6�- , + 1 � � • .. - ►Tfj � �r' } �__ �� ` � .• a�._� JC� r _ _ � S 4e' - - -ri � � , • F� :4 ? I f .�Ig 'G,A it .��IN; 0 OK �� '� • 1 �''T �'r +�`' �i ~ i : X1 ��_._(''��' --� . -� � � * ��� !!� � '�.: • ;_.�1 -_ � kt IL M.-MiLl ki NO Nor Ile 11 5AI pr WI to _• - - .. EXHIBIT D • . - - � .- -.. ... • • � , .. 1 ', '• :. 'ice ^, - • •.•. ' . ..' Summa. _ ' !... EnvrrQsolutions - . July.. 16,1992 .' � �` • ; - .. - . I& Joe Yanta . • U.S, Amoy Corps of Engineers Regulatpry-Functions Branch 1421 U. S. Post 'Office,/Custom. House St •Paul, M innesoti 55101 -1479 Dear Mr. Yanta: . Subject: Section 404 Permit , Gonyea Company. Hillcrest Residential Development Maple w ood' Minnesota Summit Project Ito. 921.230 ' As %we discussed during -our meeting of last Thursday, July 9, Gonyea Company is ro osin to P P g develop a site in Maplewood, N fii nesota for single - family residences. The site currently has water main and sewer service which was. installed several ears a o b the ci ty.. service Y g Y tY Utili completion and .the installation ' of public and residential access roads are proposed as art of this - P P P - project. The plans for this project have undergone several revisions to avoid and n wetland impacts.... The -enclosed Technical Metnorandum provides deseri tions of s ific site P P P� location, existing wetland resources, and anticipatod impacts. Wetland Impact 'AvoidancerM A1*n4zati0n A above, the current site plan is the P roduct of several revisions which were undertaken to reduce wetland impacts. The • original. conce P t . lan for the development of this site P P - included 186 lots - and 4.87. acres of wetland fill (Please.refer to the Prelimin Site Plan dated. 5!6/92.). Thus plan included the filling of the entire Basil K and wetland fringe encroachment at several other locations. Following Field wetland evaluation and dellineation t he conce t plan was scaled back significantly. Following our ..pre application meeting with the Corps, the p lan was . .P -further scaled back through the removal of three lots. The current devel6pment plan (Please refer . P to the Pnel:�minary Plat, dated - 7/ 10192.) contains 161 lots and requires 1:56 acres of wetland fail; � represents a reduction of 25 lots - arid 3.31 acres of wetland fill from..the • original . . pl�uis Specific .examples of wetland impact avoidance and niinirnization strategies include: 47 .708 North First Street, Suite #233 ■ Minneapolis, MN 55401 (612) 333 -5050 ■. FAX(612) 333.5445. . = Offices: Minneapolis, Minnesota Milwaukee, Wisconsin ' W. Joe Yarita ; S it Project Na. 921230 , Page 2 JuIyI6,1992 • with the approval of the City of Maplewood, the city's , tplanned ali ent for the extension. of Montana Avenue was changed. The road all ent . was shifted to the . south to avoid �mpacting hi her. loll g q ty ' wetlands Q and R. 11us shift reduces total wetland .unpacts while Ong unavoidable. • impacts to wetlands of lower . ecological integrity. and wildlife habitat value (Basins' S and T). �Tis road aligrinent was fiurther altered to curve to. -the -south to avoid all unpacts -to Basins Q and R: ' • Southern portions of Basins S and T' that rem una ltered - '.by . roadwa . P y construction - will be P reserved and enhanced for their aesthetic and wildlife - Habitat values. • Two cul-de =sacs •which would , have caused significant wetland fringe encroachment were removed entirely.-. The remaining l cul -de -sacs were shortened to further reduce impacts. • Three lots nequir*ng the g of Basin- K were eliminated. Currentl : proposed impacts to Basin K are _ related to public road construction and •, will. occur in ' degraded portions of the basin. only 0.04 acres of the basin Will be affected to allow adjacent lot access. Further impact reduction is considered to. be impracticable. Roadway align will impact 1.10 acres of degraded wetland and have been designed to avoid wetland impact to the maximum extent possible. Approximately' 0.46 acre of degraded. wetlands will be filled to allow lot - development. As indicated in the attached memorandum, this 0.46 acre is the cumulative total of several. small fi zige encroachments, none of which individually entail more than 0.13 acre. This fill occurs m wetlands which ,would already be impacted by road construction and, if not filled, would be cut off from their m ain basins, severely reducing their ecological integrity and • value to wildlife. Emotion of these lots would further cause cant loss of lots 'and financial har hip to the developer. Mitigation The .attached Preliminary Flat indicates that wetland mitigation will occur in two separate basins. Mitigation wetland 1 will he along the southern property boundary to the east. of Basin H and will be 1.26 acres in. size. Mitigation .wetland 2 will lie between Sasuis E and F and will be 1.16 acres in size. Wetland mitigation for this project will therefore occur at a 1:1.55 fil,l:re lacement ratio. Basins Will be over- excavated then filed with organic sods excavated from filled wetland areas to the depth of adjacent basins. The placement of these or ' J P gamc sods will provide a seed source for the- establishment of hydrophytic vegetation as well as facilitate the establishment of h dric soils . y 48 dOM Joe'Yanta Sutit Project No. 92123 ..Wage 3: • . 16, 1992 !. ` within the - new basi4s No concentrated untreated sto • rmwater will be all to enter these mitigation wetlands. These areas ' .will additionall be . maintain y ed as a- component of the other • �natuucal areas to be preserved on -site and b rotective covenants ' . P . Y P v ants or easements. Preservation of Natural: A In , addition to the 2.42 acres - of imiti ated wetland m • g much existuzg wetland 'and wooded wetland. will ..be preserved as nab area. Outlots B and C will . A, compnse 9.77 acres of wooded u land and 33.58. acres of nat<iral wetland, tx�tacln 35.77 acres to ' g be preserved as .natuEral area. Additionally, site development plans • .will, to the extent possible, • •. _ Po ,preserve the natLnl rolluig topography and wooded nature . of the upland portions. of the proper develo r will als Peery Pe o seek to h establis . re strictive covenants preventing disturbance, to wetlands. 1 in r esid e ntial • . yule backyards. Stonawater - Stormwater runoff enterin existin wetlands will be r g g pre-treated treated to the greatest extent possible. No final grading and drainage plans have • yet been developed, thus no . per, 1 pans can be presented. • Copies of these plans can be- forwarded to the Corps as the are developed. S _ y pe tormwater entering Department of .Natural Resources protected • waters will be re- treated as w ' P ell as will v�raters ente - ring: mitigation areas. Our interpretation is that the roject is cover ed_ by the Nationwide- permit set forth. at 33CFR 530 (a)(26)(ii) which allows u to 10 acres of fill • P . Isolated_ wetlands with predischarge no tification to te Corps. Based on our meetn it is our • g o further understanding that you feel this project can a be processed as nationwide permit with - ' • • - • Pe _ th special conditions applicable to compensatory mitigation. We. request your a itious. rocessin of ' P g thLs permit as the time frame for this 0 project is very tight. To facilitate the agency notific ag . y canon process, short project summaries and site location -maps have. been forwarded to L Lewis 1 - Lynn at the US Fish and Wildlife Service and Dennis Ounmestad at the State Historical Preservation ' ar'g�tlon, 49 111�r: Joe Yanta Sunimit N 0. 921230 P4 4. . T y x46, 1992 s` We M .forvwaradin • . g � six copies' of thus letter and su ' if .• PPog documentation for our convenien you have questions or would like fiurther info y �• rmat�on, please contact our office. 1t has been pleasure to cooradnate this' rmit a lication our PP with you . Sincerely, s u x i i t E ro 61600 Ifice Lori J'. . " , . - • ronme W. &ientist , ec: Dennis Gon Gon yea, y e a Company Applicant _ eter. Marty E.' R e DNR Area _ _ y � ea Hydrologist Enclosures L lwsds 50 I General EXHIBIT E The fogowing measures are required as a minimum on all developments within the city. Failure to install and maintain measures required - by this standard the grading permit or directive from a representative of the city engineering department will Jesuit in suspension of work until all corrections are made, ne area of c1isturbed soils (Le. before mulch and wood fiber blanket placement) shall be limited to five (5.0) acres at arty one time Grading operations shall be scheduled to comply with this limitation, PHASE RIOR TO GRADING A L,ocaie, expose, and protect all comer irons on subdivision boundary. If comer irons of adjacent property bcated on the subdivision boundary are not found, then they shall be replaced by a RLS. Use of adjacent private property requires a signed temporary construction agreement. A copy of arty agreement must be submitted- with the grading Permit application, . 61 Install temporary fence around entire site grading timid Temporary tencing shalt also be placed around trees to be protected on the intecior of the site as shown on the grading/tree preservation plan. Clearing may only begin after fence installation. Grubbing shall not begin until site Is approved for grading. 4' 2.5' 2' 105 ' MIN. � 6' LONG METAL CHANNEL POSTS. MINIMUM POST WEIGHT IS EIGHT (8.0) POUNDS. POSTS SPACED AT EIGHT (8.0 FEET ON CENTER MAXIMUM. 4' HIGH ORANGE PLASTI SAFETY /SNOWY FENCING FABRIC. WIRE TIES TO SECURE FABRIC TO POSTS SHALL BE CUT AND FOLDED SO THAT THERE ARE NO SHARP EDGES POTENTIALLY HAZARDOUS TO CHILDREN OR OTHERS. MnDOT SPEC 3886 PREASSEMBLED SILT FENCE BACKFILL OVER 12" FABRIC APRON IN TRENCH SHALL BE COMPACTED WITH MACHINE DRIVEN VIBRATORY PLATE. C. Install preassembled silt fence against the upstream face of temporary fence along segments of the perimeter where runoff would flow off site. The posts of the silt fence shall be staggered from the temporary fence posts to provide support in midspan. The maximum length of continuous sift fence shall be 600 feet Overlap sections by 12 feet when a separate roll is used D. Install a rock entrance pad for all site entrances not blocked by temporary fencing. If tracking onto city streets occurs, then the rock entrance pad shall be lengthened and daffy street sweeping shall be required. Inspection of a!t foregoing measures by the engineering department must be made prim to grubbing or grading operations. ,e e-TEMP. FENCE AT GRADING LIMITS I N`' I -i /2" CLEAR CRUSHED ROCK, 0 4 8" THICK V � � ' 1 2 Mn DOT SPEC 3733 APRONS AT 2:! TYPE Y - EOTEXTILE EXTENDING FROM ?5 � ' Z' -- EXTEND A MIN. TEMP. FENCE MIN. OF 2 FT. BEYOND ROC TO PAVED K ROCK PAD. SURFACE MUST EXTEND FULL WIDTH OF OPENING IN TEMP. FENCE 2 .rE OF DRAWING x - 92 CITY OF MAPLEWOOD - ENGINEERING DEPT PLATE 'ISI�� EROSION CONTROL MEASURES 350 � PAGE i PHASE 2--DURING GRADING A, Install right -of -way diversions (filters). A right -of -way diversion shall be installed for every 300 feet of street center One flow length. 4` MIN. 1 -1/2 CLEAR 105 MIN, DEPTH CRUSHED ROCK i ><� Tm� 8` i i MIN. KEY. 10 FEET I� INTO BLVD, 34 TYPICAL SUBGRADE Id B. Install silt fence within the site. A silt fence shall be installed for every ISO feet of upstream flow length. Sift fences shall be installed as grading operations progress. 5` METAL POST (MIN. WT. 6.5 L81 MnDOT SPEC 3886 PREASSEM BLED SILT FENCE POSTS AT 4 FT. ON C ENTER TO R - SUPPORT , APRON 6" COMPACTED EARTH FILL -- REQUIRES S T FENCE 3 2 ' S USE OF VIBRATORY PLATE COMPACTOR I � 6 2� 1.5' C. Mn/DOT Spec 3882 Type I mulch (straw -hay) shall be blower applied at a minimum rate of two (2.0) tons per acre. Tickets to verify minimum application rate shall be supplied to the city. Disk anchoring in accord with Mn/DOT 2575.3H shall be used to secure the mulch. PerenNal rye grass shag be sown with the mulch tf It is between April 1 and September 15 or November 10 to December I. Perennial rye grass shall be sown at ten (10) pounds per acre. Seeding depth is 1/2 inch. 'f it is not within the period set for germination or dormant seeding then seed shall be sown at first available time. ' "'"E OF DRAWING 1- 92 CITY OF MAPLEWOOD - ENGINEERING DEPT. PLATE IE'ISI °N R EROSION CONTROL MEASURES 350 PAGE 2 ' 52 _ . On slopes that equal or exceed 25% (4:1) for a length of 5o feat or greater or to swages with concentrated flow, wood fiber blankets shall be used, The wood fiber blanket shall be secured as shown D � � below. 1.5A Je5 ' F�_ — 4" LONGITUDINAL OVERLAP OVERLAP TRANSVERSE JOINTS BY 18 6`� STAPLES X UPSTREAM 6" STAPLES AT I' O.C. - � X (TYR) END X, X • f 1 8" 6 DOWNSTREAM 6 STAPLES AT I O.C. END . X1 , . . • { .6 x 6" NOTCH" - T V FI WITH D END UNDER 6" 3 FOL N U � COMPACTED { x x 6 STAPLES AT t O.C. BACK FI LL • ' . x{ x PHASE 3—MEET AND UTIUTY CONSTRUCTION A. Protect storm sewer Inlets with perforated plate set on top slab and covered with clear rock. Casting and rings not to be set until immediately prior to curb placement. 1 -1/2 CLEAR CRUSHED ROCK 8 1 2 " M I N. (TYP.) SUBGRADE .. fi • • 1/4" STEEL PLATE _� M .• •• :•• PERFORATED WITH .. •• •� • 3/8" �DIA. HOLES AT 3 O.C. EACH WAY .• . •.. •�•' {MIN. 100 HOLES Be Place two rows of sod behind curbs. The developer is responsible to regrade and establish turf in areas of franchised utility construction .(electric, gas, telephone, cable). PHASE 4- BUILDING CONSTRUCTION A builcring permit inspection is required before any framing begins. At this erosion control and grating inspection all badkfilfing strati be completed, the sne should be to grade of bottom of topsoil, and the gravel pad for driveway from the garage to the street shall be in place. A sift fence, as shown in Phase Z hem B. shall be installed at three (3) feet from the back of curb extending from the lot comers to the gavel driveway opening. Additional silt fence shalt be erected in drainage swales as directed by a representative of the engineering department The silt fences shalt be continuously maintained until such time that turf is established in the yard Failure to obtain an erosion contrd and grading inspection approval prior to framing or lack of maintenance of silt fences (all contractors are required to use the driveway gravel pad instead of driving over the curb) will result in a stop -work order. DATE. OF DRAWING x CITY OF MAPLEWOOD — ENGINEERING DEPT PLATE NO. REVISION EROSION CONTROL MEASURES 350 1 PAGE 3 53 MINNESOTA HISTORICAL SOCIETY OCT September 29, 1992 Mr. Geoff Olson Director of Community Development 1830 East County Road B Maplewood, Minnesota 55109 Dear Mr. Olson: Re: Oak Ridge; S24, T29, R22 City of Maplewood, Ramsey County MHS Referral File Number: 92 -3514 Thank you for providing this office a copy of the Environmental Assessment Worksheet for the above - referenced project. It has been reviewed pursuant to 0. responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and through the process outlined in Minnesota Rules 4410.1600. There are.no properties in the project area that are listed on the National Register of Historic Places or included in our inventory. In the absence of reported properties, we have also evaluated the likelihood that unreported historic or archaeological properties may be present. Although we cannot state with certainty that there are no significant unreported historical or archaeological properties within the project area, we feel that the probabil- ity of such properties.being present is low. Therefore, in our opinion, the "no" response to question 26a is appropriate. Please note that this comment letter does not address the requirements of Sec - tion 106 of the National Historic Preservation Act of 1966 and 36CFR800, Pro- cedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612 -296 -5462 if you have any questions regarding our review of this project. S ncerely, MA---.L Britta L. Bloomberg Deputy State Historic Preservation Officer BLB:dmb 54 Attachment 14 345 KELLOGG BOULEVARD WEST / SAINT PAUL, MINNESOTA 55102 -1906 / TELEPHONE: 612 - 296 -6126 Minnesota Pollution Control Aaenev celebrating our 25th anniversary and the 20th anniversary of the Clean Water Act October 7, 1992 .Mr. Geoff Olson Director of Community Development City of Maplewood 1.8.30 East County Road B .Maplewood, Minnesota 55109 Dear Mr. Olson: RE: Oak Ridge Residential Development Thank you for the opportunity to review and comment on the ro ' residential development 1 p posed Oak Ridge p located in the city of Maplewood, Ramsey County. Based on the information contained in the Environmental Assessment Worksheet (EAW), the Environmental Analysis Office staff believes that significant gnificant environmental effects are unlikely to occur as a result of the project. Therefor P J o e, the preparation of an Environmental Impact Statement (EIS) does not appear concerns: warranted. We do, however, have the following WATER QUALITY ISSUES 16 Regarding Item no. 8 of the EAW, a sewer extension • permit was not listed as one of the permits required for this project. 'It would appear to be a requirement. For information y ou may pp y y contact Don Perwien of the Minnesota Pollution Control Agency (MPCA) Water Quality Division at 612 29 6 - 7762* 96 7762. 20 Regarding Item no. 6 of the EAW, any exposed soils must be ' stabilized. Natural vegetation would be unable to be established this fall if the .proposer begins grading this fall. It seems unnecessary for the radin be done at that time of year considering the g to e potential for runoff. If artificial turf is established or mulch and seed can be provided, p ovided, this may be acceptable. It should, however, be reviewed on site because it may be unsuitable on very steep slopes. 3. Regarding Item no. 12, filling in 1.6 acres of wetland i acceptable as long as the loss is compensated in accordance with all state and federal rules. 4. Regarding Item no. 17, numerous steep slopes may require p Y q extraordinary measures to ensure that no sediment is deposited in adjacent wetlands. MPCA staff recommends building retention ponds at the ro ert 's discharge water p p y ge points when the contributing shed exceeds five acres. 55... At 1 Att achment 5 520 Lafayette Rd.; St. Paul, MN 55155 -3898; (612) 296 -6300; Regional Offices: Duluth • Brainerd a erd Detroit Lakes 9 Marshall • Rochester Equal Opportunity Employer • Printed on Recycled Paper ..� Celebration _ Mr. Geoff Olson Page 2 50 Regarding Item no. 18, volume of runoff and peak runoff for various, rainfall events should be modeled for the 2 -year, 10- year,. and 100 -year storm events. The runoff should be restricted to half the existing 2 -year storm event, and equal to the existing 10 -year and 100 -year storms at full development. 6. Regarding Exhibit D, storm water treatment is proposed in addition to the wetland creation. This is appropriate, but the plan for storm water treatment is not described. This should be included in the plan prior to approval. SOLID WASTE ISSUES 7. Two questions regarding Item no. 21 are included. The first question pertains to the construction period. Cleared trees and brush, along with other construction debris, would all be generated by the project. Disposal of these wastes should be addressed before project implementation. Would disposal by landfilling, burning, or composting be used? 8. The second question pertains to the post - construction phase. What kind of provisions have been made to collect normal municipal solid waste? AIR ISSUE 90 Regarding Item no. 25, further mitigative fugitive dust emissions can include timely job clean -up, watering of areas undergoing earth moving, ceasing operations during periods of high winds, and proper grading and site preparation. Minnesota Rules part 4410.1700, subpart 5 require that you send us a copy of your specific responses to our comments. We look forward to receiving your decision on the need for an EIS. If you have any questions regarding our comments, please contact Christy Peterson of my staff at (612) 297 -82360 Sincerely, Paul Hoff, Director Environmental Analysis Office .Administrative Services Division PH: lm 56 December 17, 1992 Mr. Paul Hoff, Director Environmental Analysis office Administrative Services Division Minnesota Pollution Control Agency 520 Lafayette Road Saint Paul, MIN 55155 -3898 OAK RIDGE EAW I am responding to your letter of October 7, 1992 about the environmental assessment worksheet for the Oak Ridge development. on January 1993, the Maplewood City Council determined that there is no need for an Environmental Impact Statement (EIS) for this project. The following comments address the concerns in your letter: (The numbers correspond to the numbers in your letter.) 1. The developer will apply for the sewer extension permit. 2. The City will require stabilization of exposed soi?s. The developer will not start grading this site until the spring of 1993. 3. The developer has reduced the planned wetland filling to 1.11 acres. He will compensate for this filling by creating two new wetlands with a total area of 2.3 acres. He will meet all Federal and State rules. Attachment 16 57 Mr. Paul Hoff Page. 2 December 17, 1992 4. The developer has revised his. plans to include four sedimentation basins outside the existing wetlands. The City Engineer has reviewed the storm water plans to insure that storm water run -off from the site will not exceed the planned levels in the Cites Comprehensive Stormwater Management Plan. 5. The City Engineer uses the 10 -year storm event for street design modeling. He also uses the 104 -year storm event for modeling for the ponds and trunk storm sewer system. The City Engineer will work with the developer's engineer to ensure that they use the correct modeling for the design of the storrn water system in this development. 6. The City Engineer will approve final plans for the sedimentation basins before final plat approval. 7. The developer plans to hire a tree service to remove the large trees and to chip the shrubs and smaller trees. The tree service will reuse and recycle as many of the chips as possible. The tree service will be responsible for the proper disposal of the large trees. The disposal of the construction debris will be the responsibility of the contractor making the debris. This typically will be in a demolition landfill or at the NSP Energy resource Recovery Plant in Newport. 8. The people who buy the lots will contract with private haulers for waste collec- tion. Maplewood provides a recycling program. 9. The City Engineer will require that the developer mitigate any dust emissions. Thank -you for your comments. Please call me at 770 -4562 if you have any questions. GEOFF OLSON, AICP - DIRECTOR OF COMMUNITY DEVELOPMENT go/b- 3:memo5l.mem (24 -29) 58 r• METROPOLITAN COUNCIL - Mears Park Centre, 230 East Fifth Street, St. Paul, MN 55101 -1634 October 5, 1992 Mr. Geoff Olson Community Development Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: oak Ridge Environmental Assessment Worksheet Metropolitan Council District 3 Dear Mr. Olson: (027-- 612 291 -6359 FAX 612 291 -6550 TTY 612 291 -0904 Council staff has conducted a preliminary review of this environmental assessment worksheet to determine its adequacy and accuracy in addressing regional concerns. The staff review has conclude t the EAW is complet and a w ith res to r 'o con cern s a nd r no - -- - major issues o consistency with Council system policies. An EIS is not necessary for regiona purposes. Staff notes, however, that grading of the site to accommodate either roadways or developable lots will necessitate the filling of 1.6 acres of wetlands. Although the-EAW notes that effort has been made to reduce the project's im. Act on wetlands, additional steps can be taken to avoid wetland degradation. The city should redesign the project to avoid wetland impacts particularly in basins F, G, J, & L, P, and T. Several wetlands will be impacted with the proposed site design. A number of residential lots include wetlands which may be filled or encroached upon during the development or construction P g P phase. 'The Council recommends that a "no- impact" buffer zone around the wetlands be included in the drainage easement or development covenant for the project site. This action would ensure the continued presence of natural hydrophytic vegetation and a natural wildlife nesting and feeding habitat around all wetlands on the site. The specified building setback of zero feet from wetlands is incompatible with efforts to maintain wetland quality and function. A typical buffer zone ranges from approximately 20 feet to the DNR- recommended minimum of 50 feet. The Council disagrees with the statement in the EAW that runoff from the site will not exceed existing rates. The Council contends that stormwater runoff will increase as a result of the proposed development. The location of sedimentation basins is not identified in the EAW. The only new basins noted in the EAW to be constructed are two wetland basins totalling approximately 2.4 acres. These two basins are proposed as mitigation for the filling of natural wetlands. Constructed stormwater detention basins are not to be classified as wetlands according to the Environmental Quality Board's guidelines for preparation of EAWs. Basins constructed as wetlands or as mitigation for 59 Attachment 17 Geoff Olson October S, 1992 Page 2 filled natural wetlands are expected to meet the definition of one or more of the eight classified types of wetlands. A wetland by definition requires the presence of a predominance of hydric soils and the lasting presence and prevalence of hydrophytic vegetation. The continual introduction of untreated stormwater into the wetland basins is not compatible with the identified need to preserve the ecological functions of natural wetlands. The Council recommends the construction of stormwater detention facilities upstream from the point stormwater enters natural wetlands. This action would significantly reduce both the potential for environmental harm to natural wetland basins, and the periodic maintenance cost of sediment removal from natural basins designated for use as retention and tr basins in the city 'R ne Council has recently proposed a Water Quality Implementation Strategy for Surface Water Management of No point-Source Pollution (Strategy) for all metropolitan waters. As -part of this Strategy, the Council recommends that stormwater detention facilities meetin g National Urban Runoff Program (NURP) wet detention basin design criteria be required for the pretreatment of stormwater generated from the site prior to its introduction into site wetlands. Best management practices found in the Minnesota Pollution Control Agency's en 's manual entitled Protecting Water Quality In Urban Areas or an equivalent set of standards are also recommended for erosion and sedimentation control on this and future development ro'ects in the cit P ) This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Barbara Senness, Council Staff, at 291 -6419. Sincerely, L' y Al' 'chwarzkopf, Res rch and Long Range Planning cc: Jim Senden, Metropolitan Council District 3 Lynda Voge, Metropolitan Council Staff Barbara Senness, Metropolitan Council Staff L�7 December 17, 1992 Mr. Lyle Schwarzkopf, Director Research and Long Range Planning, Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, MN 55101 -1.634 OAK RIDGE EAW I am responding to your letter of October 5, 1992 about the environmental assessment worksheet for the Oak Ridge development. On January 993 the Maplewood City pY _> p Council determined that there is no need for an Environmental Impact Statement (EIS) for this project. The following omments address the concerns in our letter: g Y About your comments in the second and third paragraphs, the developer has revised his plans to fill only 1.1 acres of existing wetland. He is ro osin to mitigate this fill with p p g g 2.3 acres of new wetland on his property. The City will require that the developer set up no- unpact buffer zones with deed restrictions around the wetlands. In your fourth paragraph you discuss storm water run -off from this development. The City :Engineer will be reviewing all the plans for the project to ensure that they follow the Mavlewood Comprehensive Stormwater Management Plan. He told me that the large wetlands on the site will reduce the stone water flow rates from the site so they will meet the Maplewood Plan. The two wetland mitigation areas that you described in your fifth paragraph are not detention basins. The developer will build four detention basins for the wetlands. The 61 1. Attachment 18 Mr. Lyle Schwarzkopf Page 2 December 17, 1992 detention ponds will treat the stormwater before going into the wetlands. The mitiga- tion areas will meet the requirements of the Ramsey/Washington Watershed District, the Pollution Control Agency and the Corps of Engineers. Thank -you for your comments. If you have any questions, please call me at 774 -4562. GEOFF: OLSON, AICP - DIRECTOR OF COMMUNITY DEVELOPMENT go /b- 3:memo5l.mem (24 -29) 62 STATE of SEP 2 9 M H CS z 0 CTLa DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155 -40--lo_ DNR INFORMATION (612) 296- 6157 September 28, 1992 Geoff Olson Maplewood Director of Community Development 1830 County Road B Maplewood, MN 55109 RE: Oak Ridge Single Family Residential Development Environmental Assessment Worksheet (EAW) Dear Mr. Olson: The Department of Natural Resources (DNR) has reviewed the EAW for the Oak Ri • Ridge project. We offer the following comments for your consideration. The DNB's analysis of this EAW leads us to uestion the adequacy of this doc p rovi de • q q cY ent to p de the information needed for the City of Maplewood, as Responsible Governmental Unit to make an i • • I? tai in formed decision on the associated impacts of this p ro j ect ect and the need for further environmental revie � ew. We base this conclusion on the following points. 1. Item 11b should include a determination of the resence of state- listed en _ p .. endangered, threatened, or special concern species, rare plant commu dt�es colonial wat r p , e bird colonies, native prairie, or other rare habitat on or near this site. Our records indicate the Natural Heritage Program, which is available to rovde information p nformation in thi• s regard, had not reviewed this project as re uired during EAW preparation, q g, (Minnesota Environmental Quality Board (EQB EAW G i u,.- delxnes page 13, paragraph 1). The Natural Heritage Program provides information vital to meeting the state's goal of protecting our natural resource base. The Natural Heritage Program database contains information in ' indicating this area does contain species of special concern. There is a record for Yellow Pim e 01 � rn..l, Taenidia integenima, from the site of the ro osed development ' h p ,p p �n the SW 1/4 of the NE 1/4 of section 24, T2 N, R22W. This species is rare In the state, l p , e, but h no eea status. and this site represents the states northern -most population of this species, and the only known p p p y site in the metro area. The favored habitat of this species is the edge of oak woodlands. This population will be destroyed b th conversion of woodland ground cover y y e on gr a to the typical suburban landscape of sodded lawns. The database also contains 2 records for Blandin '.s Turtle Em o ' $ , yd idea blandingzz, a state threatened species, found in the general area of this ro ect. n . p ) One record is from the south 1/2 .of section 25, and the other is from the NE 1 4 f • / o section 2b. Gwen the close proximity of these reports to the project area, i ' • l p, , p � a, t s possible that this species occurs on the site if there is suitable habitat. Blandin 's turtles spend g p much of their time in shallow wetlands; they nest in u lands with sand soil u arils from - � y A to several hundred y om wetlands. Most eggs are laid in June, and hatch I September. 63 Attachment 19 AN EQUAL OPPORTUNITY EMPLOYER Geoff Olson September 28, 1992 Page 2 Filling of wetlands, degradation of wetlands from runoff of lawn and street chemicals, development of nesting habitat, and road kills are the biggest threats to this species in the metro area. 2. Item 11a in the EAW discusses expected project impacts on fish, wildlife, and ecol ogically sensitive resources. Item 11a notes, "Wildlife habitat will most likely disappear trom the developed part of this site into the undeveloped part of the site.' This statement does not correctly express the outcome of habitat loss and the resulting displacement of the wildlife that is present. This displacement, because it forces wildlife to compete with populations already present, eventually results in an overall population decline. 3. Examination of the plat information provided in Exhibit C and Item 11a leads us to question the proposed lot sizes for this project. Item 11a notes the number of lots originally designated for this project was 186, but the project now contains 148 lots. It appears many of the lots will not have much area available for yard formation, which can lead to encroachment pressure on wetlands adjoining these smaller residential lots. It is likely that the wetland fringe and buffer. areas will be diminished as future property owners attempt to "get more yard." In articular, .lots P 14 -16 and 31 -32 are very tight to the wetland line. 4. The DNR has been informed that the City is considering granting a blanket variance for this project. The blanket variance will Y reduce front and setbacks from 30 feet to 20 feet. Although a local matter, we note variance wan roval revolves around the demonstration of hardship, and in this case, the har s ip a pears to be self- created . P because of the project's current proposed unit /lot dense . The front yard set -back variance, if granted, will translate into an increased unit lot density, which we assume to be the problem which serves as the basis for this request, We note that typically new plats must comply with zonin g standards and all lots should be buildable without variances. S. We note in Item 11b, and Exhibit D, that efforts have been made to minimize the amount of wetland fillin to 1.6 acres, which is to be mitigated b the creation of 2.4 acres of new wetland. This fact is appreciated, however we must note the scientific knowledge regarding the quality and success of created wetlands is uncertain, and one cannot assume that created wetlands completely replace lost wetland values from eliminated natural systems. Proper planning and monitorin g is crucial to the success of created wetlands. 6. The grading and drainage plans do not clearly indicate whether a DNR permit will be required for the storm sewer outfall structures. If any are proposed that are placed below the ordinary high water elevations of the 3 state protected wetlands on the site, the Division of Waters Metro Office should be contacted to begin the p emu t process which typically takes from 45 -60 days to complete; this office can be reached at (612) 772 -7910. Our analysis of this project as proposed indicates resource impacts have not been addressed in the planning process, and more importantly, in the EAW. For example, with information available from the Natural Heritage Program, the project could provide for outlot formation to protect the Yellow Pimpernel population directly affected by this development. Also, knowing that Blanding's turtles occur in the ro'ect's vicinity, P J tY� Ce Geoff Olson September 28, 1992 Page 3 proposer would have known to hire a consultant to evaluate the character of the wetlands to determine if the site's wetlands are potential Blandin 's habitat and allow for appropriate planting if the turtles were present. Accordin 1 , the DNR would request that the wetlands not be filled or degraded., although the loss ot nesting habitat probably could not b avoided without removing a significant p � t portion of the ro'ect from consideration. Point 2 on the previous page reinforces our view that the protect as proposed does not reflect an adequate understanding of how development impacts a site's wildlife resources but this does not preclude the possibility that the project could be redesigned based on this information. The DNR regrets that the opportunity was lost to design this project with the needs of these special species in mind. We request that the City of Maplewood incorporate contact with the Minnesota Natural Heritage Program n the ture as required during EAW preparation to avoid this situation again. Bonita Eliason, Endangered Resource E4. Review Specialist, is available to assist in this re and and she can be reached at (612) 297 -22760 , g In viewing points 3 -6, the • project's current design could significantly impact the protected i water p s associated with this site. The City should, require rotective covenants, easements, or other actions necessary to protect the wetlands from a teration b individual property l p tY owners. Also, we note that the further elimination of lots could serve the multiple purposes of reducing pressure on wetlands, re ducing impacts on rare species and wildlife, and 0 removing the need for the blanket variance. p This .EAW is proposer volunteered, and the DNR a reciates the opportunity pp pp t to r eview er this document. The DNR especially appreciates the developer's efforts to protect critical p wetland areas. However, as previously stated, the DNR is concerned that this document does not have all the information Maplewood may need to meet the oals of the Minnesota Environmental onmental Policy Act (MEPA), and the rules set forth by the EQB. Maplewood may wish to request that the developer redesign the project to better protect some of the critical habitat areas. For example, the developer may wish to dedicate some of these habitat areas to permanent open space. In return, the city may wish to grant the developer an increase in development densities on the remaining developed areas. As an alternative, the city may wish to postpone action on this project 30 days to allow the proposer time to incorporate this information into an imp project proposal which could reduce the impacts on wildlife and wetlands at this site. If the city requests a subdivision redesign, the DNR requests the opportunity to review the revised proposal and is willing to assist the developer in identifying areas for protection or dedication. Thank u for the opportunity to review this document. We look forward to receiving ur Recor Of Decision and responses y p uses to our comments. Minnesota Rules part 4410.1700, subparts. 4 & 5, requires you to send us your Record Of Decision and comments within 5 65 days of deciding this action. Please contact Joe Stinchfield of my staff, at (612) 297 -4313, if you have any questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Plammng and Review Section Office of Planning c: Dave Leuthe Steve Colvin Tom Lutgen Bonita Eliason Lynn A Lewis, USFWS Gregg Downing, EQB Dennis D. Gonyea, Gonyea Co., Inc. #930047 -01 ER4 OAKRIDGE.DOC W. $ January 4, 1993 Mr. Thomas W. Balcom, Supervisor Natural Resources Planning and Review Section Office of Planning Minnesota Department of Natural Resources 500 Lafayette Road Saint Paul, MN 55155 -4010 OAK RIDGE EAW I am replying to your September 28, 1992 letter about the environmental assessment worksheet (EAW) for the Oak Ridge development. The following comments address the concerns in your letter: (The numbers correspond to the numbers in your letter.) 1. Please note that the Environmental Quality Board (EQB) does not require that we contact the Natural Heritage Program. The reference you make in the EAW guidelines is a recommendation, not a requirement. We do agree that the information is useful and appreciate your bring it to our attention. Since receiving your letter, the developer has had an environmental consultant prepare an report on the Yellow Pimpernel and the Blanding's Turtle. (R copy of this report is attached.) Attachment 20 67 Mr. Thomas Balcom Page 2 January 4, 1993 The conclusion of Summit Envirosolutions is as follows: The proposed project may have some impact on these plants if they exist in areas of the site that will be graded. However, measures to limit grading on the site will minimize the potential for impact and will ensure that substantial suitable habitat for the plant remains undisturbed. We feel it is important to state the yellow pimpernel is not designated as a threatened, endangered or even a species of special concern in the State of Minnesota. This plant is common in much of the United Sates and is only uncommon in Minnesota because the State lies on the fringe of its natural range. In regard to the Blanding's turtle, the developer would be increasing the wetlands on the site by one acre. The City staff and planning commission are recommending that the City Council require buffer strips around each wetland to protect the their habitat. The report submitted by Summit Envirosolutions .states: Approximately 55% of this 120 -acre site is wooded, leaving areas along the various utility right -of -ways, along the railroad dine, and at the edges of wetlands available for nesting habitat. Virtually all of these areas lie at the fringes of rear yards or in outlots that will not be graded. The majori- ty of grading on site will occur in areas that are already disturbed or in woody cover. The wetland type preferred by Blanding's turtles will be generally unaffected by the project. 2. Vide agree with your comments. The City can try to maxnmze wildlife habitat within the developer's plans, but we cannot deny the right to develop without buying the property. 3. The developer has dropped the number of lots from 186 to 131. The City will require the developer to set up buffer zones with deed restrictions around the wetlands. These will help to protect the wetlands from encroachment by future individual property owners. The developer will sign these buff zr strips to inform homeowners that they cannot intrude on these areas. In addition, all lots will have at least 10,000 square feet above the easement (wetland) area. The developer is requesting a variance to move the homes ten feet closer to the road. This would provide more rear yard setback from the wetland buffer zone. 68 Thomas Balcorn Page 3 January 4, 1993 4. Your statement that the variances will increase the density is not correct. The proposed front yard setback variance will not increase the density in this roJ 'ect. P Homes could be built on these lots without the variance. The developer request - ed this variance to help save trees. The variance would allow home builders to move the houses forward on the lots. This would reduce the amount of adin �' g and tree loss on the rear parts of the lots. The City has considered the loss of significant features as a hardship in the past and justification for a variance. 56 The developer has changed his plans to fill only 1.11 acres of wetland. He will mitigate this with 2.3 acres of new wetland. 6. The developer will apply for any required permits for the stormwater outfall pipes. Since preparing the EAW, the developer has changed his plans so there will be no filling of DNR- protected wetlands. The developer's engineer, Mr. Peter Knaeble, has worked with DNR Metro Waters Hydrologist Marty Rye about the need for DNR permits for the project. Mr. Rye wrote a letter to Mr. Knaeble on November 23, 1992 that said "it does not appear a Department of Natural Resources (DNR) Protected Waters Permit will be required for the construction of this development." The rest of your letter expresses a concern that the EAW does not provide the City with adequate information to evaluate the natural resources on this site. Since Y ou reviewed this project, the developer has reduced the number of lots, proposed a buffer strip around the wetlands, reduced filling of existin g wetlands so there will be a net increase in wetlands, proposed sedimentation ponds to clean the water entering the wetlands, and prepared a study on the yellow pimpernel and Blanding's Turtle. As per your suggestion, the developer's environmental consultants contacted Bonita Eliason in Y our department. Please note that the City and developer have been working with your department on this project since the developer first applied. We sent a copy of the developer's application to Molly Shodeen, DNR area hydrologist, shortly after the developer applied to the City on August 24, 1992. We received a reply on September 10. The developer's environmental consultant has been working with Marty Rye, DNR hydrologist. We have copies of four letters from Mr. Rye. The developer changed his plans to accommodate the DNR concerns. 69 Mr. Thomas Balcom Page 4 January 4, 1993 Thank -you for your comments. I will advise you of the City Council's final action on the EAW. Please call me at 770 -4562 if you have any questions. GEOFF OLSON, AICP - DIRECTOR OF COMMUNITY DEVELOPMENT Attachment: Envirosolutions report we Ramsey - Washington Metro m o o. District �m January 11, 1993 � V • Mayor Gary Bastian City of Maplewood 1 830 County Road B Maplewood, MN 55109 JAN 12 1993 2785 White Bear Ave., Suite 210 Maplewood, MN 55109 (612) 779 -2207 Re: Watershed District Action on the Oakridge Development Proposal, Dear Mayor Bastian: The Ramsey - Washington Metro Watershed District Board of Managers held our regular monthly meeting last Thursday, January 7, 1993. The grading permit application for the Oakridge Development was on our agenda. I am writing to inform you of our actions. The Board of Managers reviewed the Maplewood staff report on the project, our own staff review comments and recommendations, and heard considerable comments. from the public and the developer and his representatives. The Board reviewed those issues that we bel ieve to be related to our decision. We did not take comment on, nor will we comment to Maplewood on, P issues relative to traffic, fire safety, or purchase of the property for open space. It was the consensus of the Board that no changes were needed in the permit as drafted (attached) and the project plans as submitted January 7,1993. The P ro 'ect p lans were determined to be consistent with the District plans, policies and standards. However, the Board moved to table the permit until the February meeting. The Board stated that the took this action because they did not wish to influence your pending decision on the project and whether to order an EIS. If an EIS is ordered, there may be changes to the project that would warrant revision of the draft permit. If no EIS is ordered, the permit will be considered for approval at the February regular �' g meeting. The Board did discuss whether they would like to take a position on the need for an EIS on the project. After some discussion the Board moved to take no position. It was the Boards opinion that this is a City decision. I hope this letter clarifies our position and will be helpful to you and the other Council Members in your deliberations. If you have any questions regarding our action, please feel free to call me at 296 -0707 or Cliff Aichinger, District Administrator, at 777 -3665. Sincerely, Roger E. Lake, President cc Board of Managers Ken Haider Geoff Olson Dennis Gonyea 70 Attachment 21 RAMSEY SOIL & WATER CONSER`%'ATION DISTRICT r December 17, 1992 To From: • S ub � ect: Ken Roberts Maplewood unity Development Deptek Of Bob Johnson, P.E., Chair RSWCD Site Plan /Plat Review Committee Oak Ridge Proposed Development, Section 24 -29 It is my understanding there is a further revision of this plan which will be submitted to RWMW District at their January meeting. This review is conditioned on the acceptability of further revisions to Ramsey Soil and Water District and the RWMW District. This site presents unique problems. The soils involved in and of themselves would not present a problem to development. They are, however, highly erodible and located adjacent to several wetlands. This will require careful attention to erosion control. The fact m.anv c on - tractors and ye ars o time will be involved before this development is completed will make control . of wetland encroachment a continuing problem. The wetland areas must be well established and marked m a permanent and recognizable manner. Abutting property owners must be fully informed on the restrictions and the reasons for their existence. Continual enforcement will be in the property owners best interest as well as the interest of conservation in general. 2015 Rice Street Roseville, Minnesota 55113 612/488 -1 476 Fax: 612/488 -3478 71 Attachment 22 An Equal Opportunity Employer Mr. Ken Roberts - December .17, 1992 - Page Two It would certainly avoid problems and provide a unique area within an urban setting if a way could be found to keep this area in its natural state. A rezonin g to require a larger lot size, approximately one acre, would also lessen impact. However, the property owner can not bedenied his . ri hts to develo p his land. With close control and continual care this can become a p ristine and desirable location for. homes. A means of assuring ontinual control and care is necessar y before development begins. OakRidge.D17 cc Cliff Aichinger, RWMWD 72 A� Summit �`.. Envirosolutions 000 December 17, 1992 Mr. Kenneth Roberts Associate Planner -City of Maplewood 1830 East County Road B Maplewood, Minnesota. 55109 Subject: Yellow Pimpernel (Taenidia integerrima) Blanding's Turtle (Emydoidea blandingii) Response to Comments from the Minnesota Department of Natural Resources Oak Ridge Environmental Assessment Worksheet Gonyea Company Oak Ridge Residential Development Maplewood, Minnesota Summit Project No. 921230 Dear Ken: As requested by the City of Maplewood, Summit Envirosolutions, Inc. (Summit) has compiled the following information regarding the yellow pimpernel (Taenidia integerrima) and the Blanding's turtle (Emydoidea blandingii). This information is intended to assist the City of Maplewood in responding to comments received from the Minnesota Department of Natural Resources (MDNR) Office of Planning regarding the Environmental Assessment Worksheet prepared for the Oak Ridge Single - Family Residential Development. The subject property is located in Section 24, Township 29N, Range 22W as shown on the attached general site location map. Yellow Pimpernel The yellow pimpernel is an herbaceous flowering plant and is a member of the Parsley family (Peterson and McKenny, 1968; Morley, 1969; Fassett, 1978). It is commonly found in mesic to moist woods and meadows (Morley, 1969). he plant can be 19 to 40 inches high and produces an umbrella- shaped flower cluster (umbel) which consists of clusters of small yellow flowers (Fassett, 1978). The leaves have three primary stalks, each of which has three leaflets that may be divided into two secondary leaflets. According to Money's Spring Flora of Minnesota (1969), the plant can be found in southeastern Minnesota ranging from Houston and Mower Counties to Rice and Goodhue Counties in Minnesota. According to Ms. Bonita Eliason, MDNR Natural Heritage Program, (November 23, 1992), the plant has no official Endangered, Threatened or Special Concern status and, therefore has no 10201 Wayzata Boulevard, Suite #100 • Minneapolis, MN 55305 • (612) 595 -8888 • FAX(612) 595 -0888 Offices: Minneapolis, Minnesota • Milwaukee, Wisconsin Attachment 23 73 Mr. Ken Roberts December 17, 1992 Page 2 Summit Project No. 921230 legal status in the State of Minnesota. Yellow pimpernel is common in the southern states, however, the plant is relatively uncommon in Minnesota due to the region's climate. The Oak Ridge site represents the state's northernmost reported population of the species (Eliason, November 23, 1992; Balcom, September 28, 1992). We requested that the MDNR provide us with the exact location of the yellow pimpernel population that they have indicated to exist on the site. The MDNR is unable to provide this information. The nearest other reported populations of the yellow pimpernel are approximately 40 miles to the south and southeast of the Oak Ridge site in Goodhue County. ' The Oak Ridge population of yellow pimpernel is located in the southwest 40 acres of the northeast 160 acres of Section 24, Township 29N, Range 22W (Balcom, September 28, 1992). The September 28, 1992 letter from Mr. Balcom states that the favored habitat of the species is along the edge of oak woodlands. The oak woodland edge habitat is common on the fringes of the Oak Ridge site and immediately to the north and east of the proposed development. It is the developer's intention that the site be graded in a manner that preserves as much of the oak woods as possible. Extensive areas of edge habitat favored by the yellow pimpernel will remain undisturbed along wetlands, at the margins of rear yards, and in open space outlots. Mass grading and associated tree removal will occur only in the areas of the proposed street construction. With the exception of eleven lots, individual lots will be custom graded by the home builders. Lots 1, 8, 9 49 50, 51, 90, 91, 116, 1 and 123 will be graded during mass adin activities because �' g the lot topography requires large amounts of cut or fill to occur adjacent to the streets. This is detailed on the grading plan and tree survey previously submitted by Terra Engineering, Inc. All grading limits will be. staked in the field and conform to the standards required by the City of Maplewood tree preservation ordinance. By limiting mass grading activities and by custom grading lots as much as possible, the developer will be :sizing disturbances to any potential yellow pimpernel population that might exist on the site. Our conclusion regarding the yellow pimpernel is that the proposed project may have some impact on these plants if they exist in areas of the site that will be graded. However, measures to limit grading on the site will the potential for impact and will ensure that substantial suitable habitat for the plant remains undisturbed. We feel it is important to state that the yellow pimpernel is not designated as a threatened, endangered, or even a species of special concern in the State of Minnesota. This plant is common in much of the United States and is only uncommon in Minnesota because the state lies on the fringe of its natural range. Blanding's Turtle The Blanding's turtle averages 6 to 10 inches in length. It has a domed dark blue carapace with yellow specks. The hinged plastron is bright yellow with black patches on the outside margin. The turtle's neck, throat, and chin are bright yellow (Coffin and Pfannmuller, 1988). This species 74 Mr. Ken Roberts December 17, 1992 Page 3 Summit Project No. 921230 is .listed as Threatened in Minnesota Coffin an Pfannmuller, 1988; Balcom Septemb • Enviroscience, Aug ust 27 1992 uller (1988), � P ber 28, 1992, g � ). According to Coffin and Pfannm Blanding s turtles inhabit states and r provinces in the Upper Midwest, from Nebraska eastward Ontario, and Quebec. Mi into Michigan, in lies in the northwest age of the species range. A lar e p is reported to exist along the Mississip River, g PP _ er, south of Kellogg, Minnesota. Scattered occurrences have also been documented across the state al • ong the �sissippl Croix Rivers and into and St. east- central Minnesota. Recent records from Pi ston • (Soehren, November 24 19 � � e r. and Swift Counties 92) confirm the species presence in western Minnesota. The turtles prefer to inhabit c • aim, shallow wetlands rich in aq uatic vegetatio ' John Moriarty, wildlife � g on. According to Mr. Y� a biologist with Hennepin County Parks the b • turtles are lar a ty best habitat for Blandin 's g wetlands or wetland complexes greater than 1 g sand g 0 acres ul size surrounded. b open y uplands. Sandy uplands are nece to p rovid e ' y P 1 �Y p ide nesting habitat (Balcom, September 28 992; Moriarty, October 1992; Coffin and P ' Pf�uller, 1988). According to Mr. laced to g M or i arty 1992), nests are p receive direct sunlight to assist in incubation of the n are eggs • As a result, nesting would occur in o pe eas, at the edges or in clearings of woods or al wetlands, and would not likely occur on north- � ong acing slopes. Most eggs are laid in June and hatch in September (Balcom, September 28 1992 )0 Adult females may travel relatively long distances to find suitable nesting habitat. Coffin and Pfannmuller (1988) and Balcom (September 28, 1442) report that turtles may travel 0.3 mile in search of adequate nesting habitat; Carol Dorff, MDNR Division of Wildlife, reports that turtles may travel up to 1.5 miles. Due to the tendency of Bland* turtles to travel within this range in urban or suburban areas, their habitat is susceptible to fragmentation (Moriarty, October 1992) and road kill (Balcom, September 28, 1992)4 The MDNR Natural Heritage Program data contains two records for Blandin g g base contai 's . a developme g turtle within 1.5 miles of the Oak Rid g p ent. Records exist for the south 320 acres of Section the northeast 160 acres of Section 26 ection 25 and , Township 29N, Range 22W (Balcom, 28 S ort September 1992). According to a technical report prepared by Enviroscience (August, 1992), h )� g s turtles have also been sig hted ted to the northwest of the Oak Ride site in • . g Section 11, Township 29N, Range 22W In August of 1992, Enviroscience conducted . n the Ma d a site .walkover to identify Blandin 's 1 i Maplewood Es • • �Y g turtles P Estates Second Addition site in the southeast 1 • 29N Ran 60 acres of Section 13, Township Range 22W. Suitable habitat for Blandin 's turtles . no specimens were f g was identified on this site, but found. The 120 acre `oak Ridge site contains 21 . wetland basins, three of which are listed on th Protected Waters Inventory. Nine of the on- a DNR site wetlands provide the shallow marsh (Circular 39 Type 3) habitat re orted to be fav P favored by Blanding's turtles. Soil sin the ... . as identified b the Soil • vi of the site, y oil Survey of Washington and Ramsey Counties • Service 19 Y noes (USDA -Soil Conservation 80), are predominantly Kingsley sand. I • g y y o� M��medl- Kingsley complex (loamy Ronneb P sand and sandy loam soils), y fine sandy loam, and Braharn loamy fine .sand. These sandy 75 Mr. Ken Roberts December 17, 1992 Page 4 Summit Project No. 921230 soils could provide nesting opportunities for Blanding's turtles. On -site nesting habitat is limited, however, by the heavy forest cover throughout the site (as previously discussed, the turtles place their nests along woodland edges where they will , receive direct sunlight to assist in incubation of the eggs). Approximately 55 percent of this 120 acre -site is wooded, leaving areas along the various utility right-of-ways, along the railroad line, and at the edges of wetlands available for nesting habitat. Virtually all of these areas lie at the fringes of rear yards or in outlots that will not be graded. The majority of gra .ding . on the site will occur in areas that are already disturbed or in woody cover. The wetland type preferred by Blanding's turtles will be generally unaffected by the project. Our conclusion regarding the impacts on potential Blanding's turtle populations is that disturbance to the Blanding's turtle habitat would be muiimal as a result of the construction of the proposed Oak Ridge residential development. This is due to the fact that the wetlands proposed to be filled or impacted are generally less than one acre in size. Since Blanding's turtles generally prefer wetlands comprising 10 acres or more, wetlands providing potential turtle habitat will not be filled. The larger wetlands located on the site are not proposed to be filled and fringe impacts from grading on the adjacent uplands shall be kept to a inimum, South and west facing slopes adjacent to wetlands, also considered to be preferred habitat, are not proposed to be siOnificantly altered or regraded with the exception of the area to the north of Basin H. Disruption to .potential turtle habitat does not appear to be significant as a result of the construction of the proposed subdivision. We cannot predict nor control the effects of human activity subsequent to the development of this parcel of land. Education of land owners as to the habitat of the Blanding's turtle may be helpful in protecting any turtles that my reside in the immediate area. 76 Mr. Ken Roberts December 17, 1992 Page S Summit Project No. 921230 LIMITATIONS Summit's opinions, conclusions and recommendations were based in part on ,information Summit obtained and evaluated from current sources including the client, and municipal, state, and federal agencies. Verification of the authenticity or accuracy of this information is not warranted by Summit or included in Summit's scope of services. Summit's report was prepared in accordance with Summit's general conditions and terms, and no other warranties, representations, or certifications are made. Sincerely, Summit Envirosolutons, Inc. t� FFF � P, JJ/ Dawn R. Kieft Project Manager Coord. 77 Mr. Ken Roberts December 17, 1992 Page 6 Summit Project No. 921230 References Balcom, T. W., Minnesota Department of Natural Resources Office of Planning. Correspondence to Geoff Olson, City of Maplewood. September 28, 1992. Coffin, B. and L. Pfannmuller, editors. Minnesota's Endangered Flora and Fauna. University of Minnesota Press, Minneapolis, Minnesota. 1988. , Eliason, B.., Minnesota Department of Natural Resources Natural Heritage Program. Personal Communication. November 23, 1992. Enviroscience. Maplewood Estates Second Addition Blanding's Turtle Study for - the. EAW. Technical Report, August 27, 19920 Fassett, N.C. Spring Flora of Wisconsin. The University of Wisconsin Press, Madison, Wisconsin. 1988. Moriarty, J., Hennepin County Parks Wildlife Biologist, Personal Communication, October 1992. Morley, T. Spring Flora of Minnesota. The University of Minnesota Press, Minneapolis, Minnesota. 1969. Peterson, R. T. and M. McKenny. A Field Guide to Wildflowers Northeastern and North - central North America. Houghton Mifflin Company, Boston, Massachusetts. 1968. Soehren, D., Minnesota Department of Natural Resources Area Wildlife Manager. Personal communication, November 24, 1992. United States Department of Agriculture-Soil Conservation Service and the Minnesota Agricultural Experiment Station. Soil Survey of Washington and Ramsey Counties Minnesota. 1980. W •J Oki TERRA ENGINEERING, INC. Land.. Planning - Civil Engtnsering - Consulting 8080 Wal Road Minneapolis, MN 55344 (fox) 934 -6642 934 -4242 December 16, 1992 Geoff Olson City of Maplewood 1830 E. County Road B Maplewood, MN 55109 Re: Oak Ridge Maplewood, MN Dear Geoff: esterda with Per our meeting yesterday Y ourself and other members of the Planning and . Eng i neering Departments, we are requesting the following in regards to the above g g p referenced project: l A reduction in the standard () street width from 34 feet back -to -back to 30 feet back -to -back. - Per suggestion by Bruce Irish (Assistant City Engineer). - A roximately 3600 sy PP less of bituminous for the City to maintain, patch, seal coat, etc. for the remaining life of the pavement. - Reduction in the total street surface area will reduce the amount of sand and salt that will g et into the adjacent City sedimentation basins and wetland areas. - Other cities have similar standard residential street back -to -bask widths: Minnetonka 27.3' Maple Grove 30.0' Eden Prairie 28.0' Chanhassen 31.0' (2) As we discussed, we understand that the City would like to abandon approximately 600' of 16" watermain in the rear yards of lots 88 -92. This xi „Y been assessed to this property. existing 16 watermain has already . Since the P P Y owner of this property has already paid for this watermain, we are requesting that the Ci t p ay m a for 600' of the new 16" relocated watermain that will be constructed as part of this project. If you have any questions or need adc'itional information, please call me. Sincerely, Ceter � Knaeble C Dennis Gonyea 79 Attachment 24 To: Ken Roberts From: Maplewood Open Space Committee Date: November 5, 1992 0V 6 Subject: Oak Ridge Development The Maplewood Open Space Committee has included the Oak Ridge Development property in our city wide inventory and rating of open space. We must inform you that this particular property (identified as153B in our system) has rated the highest of all of the properties on our inventory. In our rating process our goal was to identify key properties with the most scenic, esthetic and conservation value, to assure that the city retains its unique character. We rated 66 properties across the city on 54 different criteria. No other property in the city compares to 153B. (Please refer to the attached property ranking). Several features make this property an outstanding candidate for preservation as open space. The predominant feature is the large stand of completely undisturbed mature oaks. (Please refer to the maps attached to this letter). This area of oaks is unlike any other wooded area in Maplewood. All other wooded areas in the city show evidence of disturbance, by past grazing or by development of the surrounding areas. We feel strongly that this stand of oaks should be protected from future disturbance, as it could be a valuable educational, esthetic, and scenic resource. What makes the stand of oaks even more valuable is its close proximity to the other features of the property, which include a massive undisturbed wetland, and rolling hills. Also, this property is just across the railroad tracks from Jim's Prairie. The Maplewood Open Space Committee would like propose the following options for this property regarding its preservation as open space, or development: Option 1. The number one recommendation of the Maplewood Open Space Committee is to preserve as much of this property as possible as conservation open space. The ideal situation would be to designate this entire property, as well as the Priory property farther to the east, as open space, and not allow any development in these areas. At this time this would probably require the City (or county) to purchase the land. Option 2. The second option would be to protect as much of the undisturbed oak forest as possible. To exercise this option the City would need to purchase, or in some other manner require that the developer set aside a piece of the property containing the oak forest. This would require careful consideration to assure that the oaks remain undisturbed. Simply clearing land around the set aside land would create edges which would allow new species of brush and tree to take hold, and invade the mature oaks. However, if care was taken in design of the allowed development around the set aside oak stand, this option could be very realistic and effective. The other features of the land that the committee identified as valuable enhancements, i.e. the large wetland (protected by the state), the rollin g hills and the close proximity of the Prairie would still be intact. If development must occur on this property we feel that this option would best achieve the goal of the committee to maintain the character of the city. The developer would benefit from higher property values due to the presence of the open space 80 Attachment '25 elements. Because so much recent development in this area of the city has involved nearly complete clearing of the land, we believe that it is imperative that some conservation open space be set aside at this time, or there will be no option to do so in the future. Option 3. If none of the wooded area of this property can be preserved as open space, the developer should be required to preserve as many of the oaks as possible. This should require education of the developer on the. special building practices required to prevent tree damage. This type of education is available from the DNR Metropolitan Region, Division of Forestry. This type of development is expensive but could greatly benefit both the city and the developer financially due to higher property values. This option would help to maintain the character of this area of the City, but the only example of undisturbed oak forest in the city would be lost forever. Option 4. Allow the development as proposed by the developer. The committee does not recommend this option. The oak forest would be severely disturbed. The character of the area would be drastically altered. The scenic and esthetic significance of the wetland and Jim's Prairie would be greatly diminished. Thank you, Terry Spawn Chair Maplewood Open Space Committee CC: Open Space Committee City Manager Mayor City Council a NORTH SAINT PAUL r � 68 0 c 2. 0 1. Hillside W , 0 3 Pork J . V Y KNOLL CIR. 4. RI PLEY AV 1. MARYJOE LA. 2. TIERNEY AVE. 3. MEADOW DR. 4. RIPLEY AVE. 119 I 120 3 .Y MCKNIGHT LN ° � — 30 0 LARPENTEUR AVE. ' 169 312 573 515 d �, IDAHO AVE. Q 10,100 w cn - �NTANA AVE. OD w En U 6 8 r o �.N 5 P I I 1 MICHAEL L 0 R 2 REBECCA DR W EBRASKA , ����_�_���;��:.;••.:••.: ` I, 0 _ 3 PINETREE DR •... RAN LANA- OAKHILL CT z . i :�:`� ?'��::�• ANGELA CT ",'�'�`: cn Jim --� Proirie lil 5 6 1 7 I �I> I •Q 5 PINE TREE DR ` 6 BIRCHVIEW DR r _ IC EY L�J 7 ROLLING HILLS DR ELKHEART LA L I RHIN_DRD Q AVE. � LA � ) NT gg L OYOT ANTELOPE WAY o w � I BISON 9 2 AMBERJACK LA I- W 3 BEVERDAL.E RD T � z� = Z w a Q w 2 4 4 BOBCAT LA 31 1 3 5 COUGER LA a LL . v - 4 4L J5 IW HAWrHORNE 0 AVE E. MARYLAND AVE. E.ROSE v o ST. CC o Nw Ltj o cn AAVE. o GERAN /G ��• 0 �O• o n � LAAI ,�, ,� A%/C' hAMr►�IIM AREA TRAFFIC COUNTS SITE (AVERAGE NUMBER OF VEHICLES — DAILY) N i 82 Attachment 26 LARPENTEUR AVENUE Z PLAT SITE ;o Ci G (10) 4W 2634-61 PROPOSED STREET VACATION I PROPERTY LINE MAP PROPOSED STREET VACATION ........... 83 Attachment 27 4 ACORN GREENHOUSE CONDOMINIUM ASSOCIATION 2322 -2386 MONTANA AVE. EAST MAPLEWOOD, MN 55119 September 11, 1992 Mr. Kenneth Roberts Associate Planner Office of Community Development City of Maplewood 1830 E. County Road B Maplewood, Minnesota 55109 Dear Mr. Roberts: Re: Neighborhood Survey /Proposed Oak Ridge (Gonyea) Development On behalf of our twenty -eight resident families on Montana Ave., our Associ- ation Board would l i k e to present the following concerns with regard to the proposed Gonyea "Oak Ridge" development. It appears that development of this area is inevitable; however, certain changes should be made in the plan to control the amount of traffic which will use Montana Ave. According to the proposed plan., Montana Ave. will carry about two - thirds of the traffic to and from the proposed 148 homes. Nebraska Ave., a street parallel to and south of Montana Ave., will end at the pipeline and would Carry traffic to only six home sites. Both Larpenteur and Montana Avenues cross the pipeline -- Nebraska could also., thereby relieving some of the unacceptable amount of traffic on Montana Ave. Heavy and light construction equipment used to develop the project would also create a problem for several years. We feel that a provision for additional ingress and egress routes should be a part of the plan. Putting Nebraska Ave. through could provide this. We would appreciate your consideration of the above. Sincerely, Joa Norton Board President tf 84' Attachment 28 City of Maplewood, September 10, 1992 Regarding the Neighborhood Survey on the Oak Ridge Development. We are not in favor of this project. We would like to see that land left as it is. It is such marshy land that it is wonderful for the wildlife. It would also make a wonderful community park. But knowing that will probably never happen, we would rather see it .zoned as single- family residential versus multiple- family residential. When single - family dwellings do go in it would be good if a playground area (shown on the enclosed sheet) would be provided for our children in the area. We know there is a playground off from Nebraska Ave. on outlet D, but it is hard to get to and so far away for the children on Mary St., Idaho Ave. and Sterling St. We would like to be informed as to what is going on and to progress. Sincerely, t J Jeff & Celeste Loibl 1595 Mary Street Maplewood, MN 55119 85 Attachment ttachment SEP 2 City of Maplewood Department of Planning 1838 E. Co. Rd.B Maplewood, MN Dear Planning Manager: I live at 1581 N. Sterling St. My neighbors and I recently received a questionnaire about the wooded area south of us to be purchased by Gonyea Development Co.. We have deep sincere concerns about this there is alot of wildlife back in this area. What.would become of that? Also when we bought our homes we were told this was protected land and if it was ever used it would be used as parkland. Our other concern is the population in the 622 school district. The area schools are to the maximum capacity right now, with over population in the Middle School. Now with the threat of combining North High with Tartan H igh scares us more. I think people moved to the Maplewood Oakdale Area because we were truly invited by the woodsy secluded area and to have our children in a school that could accommodate a small intense. learning environment. Now bring up the threat -of combining the high schools takes away from the small school settings we had all hoped for. We didn't want big number schools like White Bear West St. Paul, Simley and so. on that. was again one of the beauties that brought us to the area We don ' t think we need 157. homes in one of the last beautif u l heavily wooded areas Maplewood has left. Thank you for taking the time to read our concerns. Were hopping some of these concerns well also be yours! Please advise us of any meetings on this situation, for we. would be deeply interested. Please consider leaving this land for the future. Take a walk through the trails on this beautiful land and watch the animals and see if you can destroy what wildlife and country setting that we have left. Sincerely, Pamela K. Simon T. S' rnson 1581 S St.0 �- �1Z9 f xW r S- 1K -• 86- Attachment 30 December 2, 1992 Kenneth Roberts, Associate Planner Community Development Dept. Maplewood, MN. Dear Mr. Roberts: We have reviewed the revision of the Oak Ridge development presented by the Gonyea Company Inc dated November 9, 1992. • development has the po tential to create significant, It i s our opinion that the . proposed de p Pa, vironmental effects. We request that the city of Maplewood as the irreversible, en Study to be respons tal unit (RGU) order an Environmental Impact S y ible Bove rumen co mpleted b a other � the RG U, with the cost to be borne by the proposer. y an $ enc y RG U staff is an inadequate analysis of the issues The EAW prepared in August of 1992 by . q • s to address other otential issues For example, it assumed that control descnbed and fail P caused b storm water runoff' in this large, fragile area could be controlled of soil erosion by systems y y ms currentl in use in Maplewood; they have proved to be inadequate; it gave no consideration to a p etroleum p ipeline in the middle of the project; described a large, inters P P Pe in series of wetlands as an "isolated, non -DNR wetland "; failed to mention threatened animal P spe cies al and p lant s cies on the property; assumed that animal, songbird, and : migratory water populations fowl would simply move to. some other part of the pro ject; and did not co p • consider the impact of the "future projects „ identified on the proposers plans. - Our request for an EIS is based on the following: I aSYpN ND EDIMENT TIt�hi N L: The proposed project has the tl d estroy some or all of existing wetlands within the likely potential to per y , boundaries b storm water runoff during the development period or accumulated project bo y tin after development. The wetland to be filled in the 'western part of the project is part sil ting P of a leng interconnected wetland extending from Montana St. on the North through to Beav Lake. A pr op o sed street will run at ..Beau p Po night angles to the natural drainage, which, , even with culverts will create a darn. Signif Meant runoff damage has been and is occurring J S n areas ad'oinin the p roposed site: the protected DNR wetland 226 -W the P wetland north of Nebraska and East of Currie, and wetlands along McKnight Roa d at • ka and enteur. The Ramsey County Soil and water Conservation District Nebraska Larp report describes P P� ' s the numerous steep sl o p es, in the project area and expresses concern for erosion and sedimentation control The EAW also d the area as having many steep slopes. Local controls of runoff and silting have not worked in these areas and it is not reasonabl y e to believe that the will work in an area characterized by steep slopes. II SOIL QUA.LLTY &SUITABILITY FOR I3UILD1NG: The Ramsey County Soil and Water Conservation District response to the EAW recommended that to avoid future development p roblems, as the result of inherent limitations of the soils resource, the city p ment the s hould require the developer to provi a site specific soils information detailing sho q , , � methods that will be utilized to overcome limitations to development It further states that wetland soils are inherently unstable and unsuitable for development. 87 Attachment 31 0 1 An analysis of soil types to establish whether areas of the site a • re unsuitable for building should be made as the CS WD recommends. Maplewood's.1988 attempt to build ' sewer within the project area South of Nebraska as related to us by a city official, demonstrates the point. Core samples taken at one int on the p property _caused the engineers to estimate cost based on peat to a depth of three feet. The depth was hi variable throughout the area from p highly three to as much as thirty feet deep. The environ hue quan nln ntal impact caused by removing g quan es of peat should be studied. III WATER TABLE: The water table ' • in the project area is very close to the surface 6 feet. M ' estimated in the EAW to be approximately any of the ..existing. homes North and South of Nebraska and along Myrtle Court suffer from wet b asements at the present time and the owners are concerned about the otential for furthe • . P er damage caused by tampering with the natural flow of water through the neighborhood. Ma lewoo • Engineering Dept. P d public o ffic i als and the En gi g p are aware of these problems. Homeowners North of La enteu e x p eriencing � r Ave. and East of McKnight Rd. are currently Y Pe acing substantial ,problems caused by a rising r table where the city has approved building in wetlands contemplated at Oak Rid • g such as is contem P Ridg Again, city officials are aware of the roblem. With adjacent and one nearby evelo merit e P one Y p ex periencing sub - surface water problems, the potential for the same result in the Oak Ridge project should • Exp erts in g P J obviously be considered. E xp Hydrology are needed for such an evaluation and an • EIS would incorporate the needed review. IV THREATENED SPECIES: The Dept. of Natural tural Resources letter of comment dated July 28, 1992, describes a state threatened species and a flow ' .: p flower species of special concern- within the proposed project boundaries. The issue of ecologically se • resources was not addressed in the .EAW. � Y nsitive The potential _impact on threatened or endangered species normally requires an EIS. The evaluation • so aluatlon of the impact must be made b y eone with qualifications, probably in the De artment of Nat ral Resources. V WILDLIFE: As in IV above the imp act o • � • P wildlife ex n wildlife and bird populations caused b eopment should be evaluated by wildli experts. The EA Y the devl e P � and the DNR comment both acknowledg that the current populations of rabbits squirrels, de foxes q de er, pheasants migratory waterfowl , , , raccoons, 25 -30 species of identified songbirds lus re animals and predatory birds will be driven from the P P y area. This is a significant environmental effect. We believe that the EAW is erroneo populations will ous where it states that these pop 1 simply move to some other part of the area. DNR • representatives we have conferred with express concern that most of these populations will be permanentl driven from the area. Y VI PETROLEUM PIPEL : A p etro leum . pro In an area of steep p oleum pi pel i ne runs roughly through the middle of the prot � e ep slopes and soils of unknown quality. Potential �' safety issues must be addressed before roads and homes are built on slopes downhill from t pipeline, or contractors move a ui merit he . q p from one part of the site to the other over a pipeline covered with only 18 inches of soil. A represe • • .. e P entative from Williams Pipeline stated to us that the soil in the vicinity of the pipeline was unstable . � ,that when the vegetation is removed from the surface, it is quickly eroded by storm water. Again, evaluation through an EIS is required, g n, a competetent .. • to you in response to the. EAW, we resented most of these substantive issues y P A a group, � r transmittal letter dated September 3, 1992. We within the 3a day period specified in you o have rece • kind from y ou* To the best of our knowledge, n received no response of :any k y • , • • ire an EI.S. The rules of the Environmental Review decision has been made to requ us of the decision � that the RGU respond to our .comments and advise . Program requir riles #4410.1600, EAw comment period, and concerning an EIS.. Based on these .. been • need for EIS we conclude that no formal decision has #4410.1700, Decision on n 0, • as been made to our substantive comments and the made or communicated, no response h • t is our o pion based on our discussions with and written decision period is still open. I p ental imp State County ar Federal agencies that -substantial environm Pa commentary .from Y d must be initiated, • this ro'ect and an Environmental I w mpact Stu y ill result from p ) ulti le adjacent landowners, but kindly respond to This request is signed by m p ) Gerald F.& Joyce E. Moran 1472 Myrtle Court Maplewood, MN. 55119 /�z PHONE i 7 / f-7 7 0 NAME ADDRESS t ? A c. L 4� c NAME ADDRESS PHONE a�.�� U J!o'�J p oP o�� 7 G %(, cG'v%Y�i� Vi�i�i!��"'^' - 'lv �� �Li.G °'"' c.. 70—Zq6l 7 7 0 �o o � r7l 7,c( 0 7-� kx— Ism- moll / /. T In --N6 0--f 90 AJ ( �v fto V##�, f7- � 91 NAME ADDRESS PHONE [ � � � f \ \. � �'• fir'`/ , � 7 '�1�� r i t l r� 14 7r� i i 3O 00, 6 ON , �7 �. fir" �' - i y IL � -- 1 l 70 J AIA tAIC t� 92 -7 CAP( ak 4o I k 6,;� 3 qXA oz---Omv 4WA00%l-j -�o te P>'7 de4 �0?300 CLok&. Fr Dpn,�ct Mc �so"1 �6m a- z37/ 160 �.1��( Carne 1st 93 NAME lAe ADDRESS ���, �' y�Drr7ar�Q� �'`� Ai v 60Z PHONE 7-77- �' '.a? O mi r j� � ; . �- L4 L • 'L)zz� �t --z 1 X ov �- 3LI 9 oA7+�j A L. l7t7C - C 7 7 el' S-- 7 '-73 - ooZc! . ' , t a 41 777 /��i 76 '01^ 7 77 - 5 7i r I 94 U -.01 � 0 0 00' 21 4 ADDRESS ���, �' y�Drr7ar�Q� �'`� Ai v 60Z PHONE 7-77- �' '.a? O mi r j� � ; . �- L4 L • 'L)zz� �t --z 1 X ov �- 3LI 9 oA7+�j A L. l7t7C - C 7 7 el' S-- 7 '-73 - ooZc! . ' , t a 41 777 /��i 76 '01^ 7 77 - 5 7i r I 94 Lj ) ry6 �c;>q All To r TV li p o oeo l o m �j�f.� 4- � �� G✓ '23 4`y 5t 95 December 21, 1992 MINNESOTR WETLAND CONSERURTION ACT OF 1992• " Economic considerations alone do not justify adue rrse actions .... , Ladies and Gentlemen, a My name is Gerald F. Moran and I reside at 1472 Myrtle Court, Maplewood, MN. Thank you for the opportunity to respond to the Staff Report and to the Oak Ridge Proposal, I am speaking on behalf of myself and my wife, Joyce, and on behalf of e citizen's group encompassing those persons whose names appear on the petitions proulded to you.' As e citizen's group,, we respectfully request that the P require an Environmental lmDact Ltatement for the Oak Ridge We have provided substantive comment to the office of Community Development, the City Council, the Mayor and to you in numerous correspondence since 96 Attachment 32 Septe mbar, 1992 s toting that the p ropa$ed projec t has the potential for significant enuironmentel effect. With these comments and objections, we have met the requirements for an EIS provided for under the EOD Enuironmental Review Program . Secondly, we citizen's group respectfully request that you re lec t the ueriances requested bu the Ir000ser, Those ueria nces refer to the zoning ordinance regulating setback of buildings an lots and e ueriance to the city fire code regulating the length of cul-de- sac S. Na h has been demonstrated to justify s blanket setback ueriance, other than the proposer's desire to increase unit density. This variance is not in kee no with the soiri t and intent of the ordinance and Mill hue iMpact on aroaerty usiues o f #hose eHis #ina ho_ The 1500 foot c ul -de -sa c requested by the deueloper will haue two cul-de-sacs branching Pram it and constitutes e significant and potential public safety threat to eHis ting and proposed homes in the eu ant of fire, flood or e gas leak from the Williams Pipeline in the immediate vicinity. M Rdditionally, the 1500 foot cul-de-sac will terminate on a 20 to 30 degree slope. The present limit on city street sloes is 8 degrees, This variance, if approved, represents a compound variance to the fire code and to the city street cads. It also represents a significant hazard t*o the eK fisting homes adjacent to the proposed development. This variance is not in k9 with the spirit and intent of the ordinance end oases e potential jQublic safetu thr eat existing end araoosed homes. XRCKGRDUND• The Oak Ridge project proposer does not own this Property but proposes to purchase it an e contingency basis. He does not intend to build an this land, He intends to rearrange the Ind with profit margin as his motivation. And, hie is asking the City to modify, waiue or change the zoning and fire codes tO allow him to do just that, It is important to keep in mind that the assurances the City receives to protect the wetlands in the area are from the PrODOser, not the myriad of builders and sub- contractors who will eventually do the construe #ian. The proposer his no nested interest in the area outside of profit from selling building sites and will not be around to police the builders. Moreover, the proposer cannot bind builders to any agreement he makes with the City. The Deed restrictions described as protective elements i the Staff Report are useless without e monitoring system and sanctions for violation, At the present, the C has no means of redress when e builder cuts trees he wasn't supposed t-o cut, or damages wetlands he wasn't supposed to effect. Pro tection after deug does not e Kist in Mao lewood today, We have heard many comments that the City is concerned about being .sued if they don't allow the proposer to develop the lend. lVe again coin# out that the iprODOser is not the owner nor will he build on the prop Moreover, the City has the right and the obligation to maintain certain reasonable regulations concerning property use and it also his an obligation to the taHpaying homeowners to support and enforce the eHisting code restrictions. We, as e group, endorse and support the City in maintaining and enforcing these regulations. Our basis for asking you to approve an EIS is set out in our request for an EIS dated December 2, 1992. A copy of that document has been provided to you by mail. would like to highlight several items and point out discrepancies in the Staff Report recommendation that an EIS is unnecessary, It is important to remember in your deliberations, that the ERW furnished to various agencies for review was preoered bULthe er end, as such, is a self- serving document. It is not an an objective statement of the facts and gives e favorable to spin to whit the proposer wishes to do in the arse. In corroboration of this statement, the Department of Natural Resources U re R ort, dated September 28, 1992, states as followsl� "The DNR's analysis of this EAW MMWMMMM� leads us to sues #ion the adeauecy of this document to provide the information needed for the City of MaMewoodg ReSDonsible Gouernmental Unit. to make are informed decision on the associated iMDacts of this 100 aroject and the need for further environmental re view." "Our analUsi s of this pro as proDosed indicates resource imp have not been addressed in the planning process end, more importantly, in the EAW. '.' However,, as 11remously stated. the BNR is concerned that this document (EFIW) does not haue all the information Maplewood mau need to meet the goals of the-Minnesota Enuironmental Policu Act. (MEPA) and the rules set forth by the E0B if 9 ".UeTc STAFF REPORT: The Planning Commission his been asked to epproue the Oak Ridge Proposal based on e Staff Report. However, we do not believe you can do so as the Staff Report is mill ending with rage rd to the necessi ty of an EIS; it omits significant comments from the Ramsey Soil and Water Conservation District document dated August 26, 1X92; it omits substantiue comments from a large group of homeowners who did eKte nsiue research into the ramifications of this proposed deuelopment; it mis- states the content of s euerel documents attached to the Report, 101 I �h. The stiff report states that 4 agencies responded to the ERW and that three agencies, the Mn. Historical Society, the MN. Pollution C fi gency, end the Metropolitan Council conclude that no EIS is required. That is inaccurate for the following reasons. 1) .There is no Minn. Historical Society report as referred to, 21 TheNilnn. Pollution Control Agency letter state 0 10 u�C as follows: "Based an the information contained in the Environmental Assessment Worksheet. the enuiranmentai analysis office staff believes that significant enuiro nmental effects are unlikely to occur as e result of the project, Therefore, the preparation of an EIS does not O warranted." LL41 U 0 IL fis indicated e boue, the ERW was prepared by the proposer and the PC was responding to that document only. The PCO respondent did not hue access to comments of other agencies such as the DNR or Ramsey Water and Soil Conseruation District. fidditionally, the responding PCR party is concerned only with air quality issues, not water quality issues. 102 3) The Metropolitan Council simply stated that "the ERW is complete and accurate with respect to regional concerns and raises no major issues under the council system policies." V10� Metropolitan Council addresses 9ion issues, nit local issues, therefore, this is nat their jurisdiction. And, in fact, the letter of October 5,, 1992, is critical of the ERW with respect to sto rmwa#e r runoff, Based on these facts, the statement made by the Stiff Report that "three of the agencies did not feel there was e need for an EIS" is misleading and not accurate.. An accurate statement is that an EIS is not contraindicated by any of the Staff Report at tech men# s. Enuironmental Impact Issues are as follows@ 103 SOIL EROSION RNO SEDIMEN11TION: Soil erasion and sedimentation will have e substantive environmental impact an this -site, and requires an Environmental impact Study. The history of control of wetland damage in Maplewood has been poor. Within seuerel blocks in any direction of the proposed development you will see wetlands that are being destroyed in spite of the regulations the Staff Report states will be used to protect this site. The fact is that the controls do not work because there is no formal monitoring system in place; when uiolatians occurr, the city has no redress. The only way to protect the wetland is to prevent the initial encroachment. flgain, arotect ion after deuelopment does not exist in Maplewood todeu. SOIL !RURLITY RNO 10111 TRBLE. a The Ramsey foil and Water C District report 9 v OTC. dated flugust 26, 1992 states as follows. The wetland soils are found in la _e wetland comoleties and within 104 small isolated "oa# holes" within the site boundaries The wetland sails are inherently unsuitable for development and should be left in the wetland condition. If wetland areas are to be developed, III organic end unsuitable mineral soil materiel must be removed and replaced with suitable mineral sail fill ": and "Fine teHtured soils can be more sus le to frost heaue,, changes with changes in soil moisture con #ant, end oaor bearing strength. These soli characte ristice should be assessed for each lot and roadwa prior to site douelol2ment ". The Ramsey Soil Ce Water Conservation District report of December 17, 1992 states in part that: "This review is conditioned on the ecceo tabili t!j of further reuis ions of the plan which will be submitted to RWMW District at thei r J meeti ng." end; "The site presents unique aroblemsu ... "soils ere, however, Mahig erodible ad!" to seueral wetlands. This wilt require careful attention to erasion control, " end; "The fact menu contractors and veers of time will be inuolued before this deuelopment is completed will 105 meke control of wetland encroachment a continuing a and; "It would certainly avoid problems end orouide e unique area within en urban set tin if S we U be found to keen this area in its natural state." The fallowing is another example of the need for this testing: The City of Maplewood made the decision to instill e sanitary sewer an this site in 1988. A single sail boring indicated 3 feet of peat end the project proceeded based on this finding. However, there was a considerable cost overrun due to the fact that the peat depth was variable throughout the site, ringing from 3 feet to S depth of 30 feet. Why sail testing? To insure reasonable quality in the homes that are erected; to ensure that roa ds and homes are built an stable sails and become stable properties that add to the property values of the neighborhood. A project of this magnitude on soils of unknown stability represents e risk to the long term viability of the project, e risk to neighborhood property values, and makes control of wetland encroachment e continuing problem. p And once again use point out that. the proposer will not be ground to policy the builders, the City has no vehicle far redress of violations nor do they have the stiff to ensure compliance. Water problems throughout the existing Caues Addition are consistent with the EflW acknowl edgemen taf high water tables. High water tables are e problem in several other areas of Maplewood as well. Further study is required to determine what the effects of additional building on an already high water table will be. The City of Maplewood is p resen #ly experiencing difficulties in another neighborhood where building on a high water table has further raised that water table end damaged neighboring properties. WILD THRERTENED SPECIES: The ERIV completed by the proposer states that "the d will drive wildlife to another area". To _ the contrary, the ONR report of 9128142 states that "deuE Iopment in this area will result in overall wildlife population decline ". Under EQB rules, a substantetiue issue such as this is enough to require an Enuironmental Impact Study. 107 OTHER ISSUES: Impact an already auercrowded schools, traffic problems, police and fire protection was addressed in this citizen's groups response dated September 13, 1992, and will not again be brought up at this time. A copy of this document was prouided to the members of the Planning Commission through your mail bOH at City Hall. Howeuer, if you require additional copies, please let me know. co NC LU S ION• In conclusion, we citizen's group request that the Planning Commission of the City of Maplewood recammend to the Citg Council that this project proceed without an Enuironmental Impact Studg, - EIS is required, as set out bg the EQB, by virtue of: Impact an the wetlands; Impact on endangered species of animal and plant tife in the area; _ Destruction of mature, 75 year old Oak and other trees; The DNR report dated September 28, 1X92; Ramsey Soil and Water Conseruation District reports dated August 26, 1992 and December 2, 1992; not R n Soil Erasion and Sedimentation potential; Impact on wildlife in the area including, but not limited to, Owl, Red FOH, Pheasant, Deer, Woodchuck and the bird POPulation, in addition to the EQB, the City's own ordinances, specifically, Article lHG "Enu ronmentei protection and Critical Area" sets out guidelines and regulations that must be followed with respect to "protecting significant natural features which preserve the natural character of neighborhoods, p rotect the health and safety of residents, protect water quality. and preuent erosion or flooding. There is precedence for the city protecting arses where development would affect significant natural features end where the protection would save III or pert of a significant natural feature. We request that the Planning Commission of the City of Maplewood recommend to the Citg Council that the ueriances as requested bg the proposer be denied: _ A hardship an the pert of the proposer has not been demonstrated that would occasion e blanket setback variance. Reduced profit margin due to decreased unit density is not e definition of hardship. 109 This variance is not in k the spirit and intent of the ordinance, A variance on the. Cul-de-Sac length would be a compound uarien ce to the fire code end to the city street code. The 1500 foot ul- c de -sic as proposed will terminate on e 20 #0 30 degree slope wherein the present limit on city street slopes is S degrees; and the 1500 foot proposed cul-de-sac will have two other cul- de-sacs branching out from it with no through street in the event of a disaster such as fire, e gas leek from Williams Pipeline in t vicinity, or flooding. ThIs would nose a go-tential public ssfetu 1hreat to existing and grODosed homes. Further. it not in keeping with the spirit end in tent of the Qrdin nce. 110 \� SIERRA CLUB January 6, 1993 JAN 14 .g3 Maplewood City Council City of Maplewood 1830 East County Road B Maplewood, MN 55109 RE: Residential Subdivision - Oak Ridge Project (Witches Woods Iwrww�� � •�w�wwwwrl � � � Dear Council Members: The St. Paul Group Sierra Club, Northstar Chapter ( "Sierra Club ") submits the following comments concerning the need for an Environmental Impact Study (EIS) concerning the proposed Oak Ridge Project. The Project Proposal provides for the construction of approximately 141 single - family homes on a 117 . 8 acre site located east of Larpentuer Avenue and north of McNight Road in Maplewood The Site is currently totally undeveloped lands and consists of 65 acres of forest, 43 acres of wetlands, and 10 acres of brushland, on hilly terrain. An EIS should be completed before this council approves development of this precious habitat. SIERRA CLUB North Star Chapter POTENTIAL FOR SIGNIFICANT ENVIRONMENT IMPACTS The Sierra Club requests that the City require th preparation of an Environmental Impact Statement ( "EIS ") with respect to the Proposed Project because the Proposed Project has the potential for significant environmental effects, and additional information is necessary before reaching a decision about the existence of potential significant environmental impacts. The specific potential significant environmental - impacts which warrant further .investigation include: 110 The filling of wetlands, 2. The destruction- of forests and habitat without an on -site survey of the Site's significant biological resources (including rare and endangered species) or consideration of the effect of the 111 Attachment 33 qX9 1313 Fifth Street SE, Suite #323 •Minneapolis, MN 55414 • (612) 379.3853 Proposed Project on the biological diversity in the general area of the Site. 3. The pollution and damage of wetlands by surface water runoff, increased erosion, and alteration of the natural buffer zone which surrounds the wetlands. The need for an EIS is governed by the Rules of Minnesota. If there exists a potential for "significant environmental effects," an EIS is required The criteria for determining whether a project has the potential for significant environmental effects include. A. type, extent, and reversibility of environmental effects; 8 cumulative potential of f ects 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 environmental studies undertaken by public agencies or the project proposer, or of E I S s previously prepared on similar projects. Minn. Rule. 4410.1700, Subd. 7. The fact that the project proposes destruction of an undeveloped oak forest, filling wetlands, and building 141 houses on the perimeter of 43 acres of wetlands mandates a finding there exists a potent_ 1 for. significant environmental impacts. The criteria set forth above demand a n EIS for this project for the following reasons: 1) the effects of the project are undeniably irreversible; 2 ) no one has undertaken a comprehensive study of the potential cumulative effects that this and related projects will have on the Maplewood Community; and 3) once the project is subdivided and sold to individuals owners there is virtually no ongoing environmental regulatory authority to oversee protection of this area. Accordingly an EIS should be ordered. The concerns of at least two of the government agencies which reviewed this proposal should be taken into consideration .n determining whether there is a potential for significant environmental effects. The D.N.R. offered the following comments when reviewing the EAW on this project: 1) "Wildlife habitat will most likely disappear from the developed part of this site into the undeveloped part of the site [The EAW] 112 does not correctly express the outcome of the habitat loss and the resulting displacement of the wildlife that is presents This displacement, because it forces wildlife to compete with populations already present, eventually results in an overall population decline." 2) "It is likely that the wetland fringe and buffer areas will be diminished as future property erty owners attempt to get more yard." 3 "We note that efforts have been • made to minimize the amount of we g } wetland filling which is to be mitigated by the creation of 2 acres of new wetland. This fact is appreciated, however we must note the pp scientific knowledge regarding the q uality and succes of created wetlands is uncertain, and one cannot assume that created wetlands completely replace lost wetland values from p y eliminated natural systems. " DNR Letter dated September 28, 1992. The Ram se y Soil and Water Conservative District voiced the . following concerns over the project: p This site resents unique problems. The soils involved in and of themselves would not present a problem to development. 7 The are, however, highly erodible nd Y located adjacent to several wetlands. This will require careful attention to erosion control. The fact many c Y contractors and ears of time will be involved before p this development is completed will make control of wetland encroachment a continuing problem. The wetland ares must be well established and marked in a permanent and recognizable manner. Abutting property owners must full informed on the restrictions and the reasons for be y their existence. Continual enforcement will be in the property owners best interest as well as the interest of owne conservation in generals it would certainly avoid d problems and provide unique area within an urban setting if a way could be found to keep this area in its natural state.... Letter fro m om Soil and Water Conservation District, Dec. 14, 19920 The prop project ect also. fails to take into consideration the ' � cern over the protection and preservation of wetlands. growing con p conclude without It is unrealistic and overly optimistic to , 113 further. study, that these 43 acres of wetlands will not be significantly impacted by development of the bordering lands. The filling of wetlands is prohibited by Federal and State law and is to de done only as an issue of last resort. By Executive Order NO. 91.3 Governor Carlson ordered that destruction of wetlands is to avoided, minimized, and mitigated. See also Minn. Stat. 143G1222(h). There has been little demonstrated need to destroy any wetlands for this project. Most importantly, the City should not accept the summary conclusions of the Project Developer that the efforts to mitigate will prove successful. Efforts at "mitigation" have an alarmingly poor track record. In this case there needs to be additional study undertaken to examine the following proposed mitigation efforts. One, the adequacy of the proposed manmade wetlands should be examined because the creation of wetlands remains an inexact science. Two, the adequacy of the proposed ten foot "buffer zone" .should be reexamined. Ten feet seems a rather small distance for protection of the wetland, and more accurately reflects the developer's attempt to squeeze as many lots as possible into limited space. The City of Mohtemidi, for instance, requires a seventy -five foot wetland "buffer zone," a figure which seems more likely to protect the wetlands. Three, the enforceability of "restrictive covenants" has not been addressed. By whom and how, these covenants are to enforced is an issue which merits considerable further review. Covenants are no substitute for designing a project in a fashion which adequately protects the wetlands from its inception, rather than relying on future enforcement of some unknown covenant by an unknown entity at some unknown time. Finally, the adequacy of the settling basins and proposed erosions controls warrants further review. A recent article in the Star Tribune echoed the concerns over wetlands development, encroachment concerns and the failure and uncertainty of mitigation effects, as noted by the following excerpts: Another wild card is "mitigation," a federal requirement designed to replace wetlands lost to development with new, man -made wetlands. But such a requirement, which usually applies only to projects that fill more than an acre of wetland, doesn't guarantee good results. Duplicating nature is an imperfect science, follow -up checks are spotty and enforcement penalties are rarely meted out. often, mitigation has resulted in the scooping of a hole out of the ground - wetland in name only. Studies to find out how mitigation is working are underway. The Environmental Protection Agency (EPA) which can veto Corps of Engineers wetlands permits, recently 114 awarded the Minnesota office of the National Audubon Society a grant to perform one such study. It will take four years. But unofficial observations reveal that there are plenty of problems with mitigation, Paul Burke, a wildlife biologist with the Twin Cities field office of the U.S. Fish and Wildlife Service, has viewed as many as 100 mitigation sites in the Twin Cities in the past five years. He said about one - quarter of the efforts were poor or non - existent, and another quarter were good. The remaining half were somewhere in between, he said. And mitigation remains unproven, more art than science. The idea that humans can duplicate nature's handiwork in less than a fraction of nature's time has created plenty of skepticism about mitigation's value, even among federal and state officials. Another concern is that the new state law is being administered by cities, putting them in the position of regulating the very development they're trying to attack. Not surprisingly, with as many as nine different agencies weighing in on a single wetland, things have often gone awry. Star Tribune, January 3, 1992, pages 1, 12-13* In addition, an EIS should be required because the information provided with respect to substantive categories in the EAW are incomplete and deficient, The EAW does not adequately identify the type, extent and reversibility of environmental effects of the Proposed Project or the impact of the Proposed Project on the environment of the Greater Maplewood community. For these reasons, Sierra Club requests the City to require the preparation of an EIS to thoroughly and critically investigate and describe the environmental impacts of the Proposed Project. . The following sections of the EAW do not adequately consider, the potential for significant environmental effects of the Proposed Project: Project Description. The description of the Proposed Project is inadequate and insufficient. It is a cursory description of that the site will look like when complete and not discuss the impacts, physical manipulation or waste that will occur when the proposed project goes forward. It does not discuss the construction and operation methods and inaccurately describes the 115 timing and duration of the construction activities . Therefore, it fails to accurately inform the public of the substantial impact the proposed project could present. Land Use. There is no discussion of the compatibility of the Proposed Project with adjacent and nearby land use as required by the EAW. This omission is particularly significant in light of the proximity to adjacent wetlands, open space, a golf course, and other undeveloped acreage which may be impacted by the development. Fish, Wildlife, and Ecologically Sensitive Resources, The EAW states that "wildlife habitat (squirrels, rabbits, deer, and other small game) will most likely disappear into the undeveloped part of the site." There is no description of what "other small game could be. There is no discussion of how the Proposed Project will affect the wildlife resources on or near the site. Obviously. the Proposed Project will result in the loss of most of the wildlife on the land. There should be an investigation into the wildlife and ecologically sensitive resources that live within the Site and the impact of the Proposed Project. This property is .important because it is one of the last forests in Ramsey County containing both valuable wetlands and an oak forest. Permits. There is no discussion concerning the need for any D.N.R. permits. Soils. The discussion and description of the soils is incomplete. A survey should be done to give an accurate description of what will be .impacted by the proposed construction, Erosion, drainage, and other factors need to be addressed in the EIS* Water Quality - Surface Water Runoff, The EAW does not address the quality of the site runoff before and after the Proposed Project. There should be a detailed comparison of the quantity and quality of site runoff before and after the project. The issue of encroachment of the wetlands needs to be carefully studied. The effects of the runoff of fertilizers, chemicals , etc. on the wetlands should be investigated, and the effects on the wetlands flora and fauna of the increased quantity of runoff, and the change in the quality of the lawn and street runoff which is to be directed into the wetlands. In addition, additional research should be directed to study whether filling wetlands,, constructing buildings, and paving surfaces will ,impact water surface elevations . The EAW improperly concludes that the project will not effect surface water elevations. This conclusion is without support and is undoubtedly incorrect. In addition, the EAW was not properly published as required by law. See Minn Rule 4410.1500(B). It was not sent to a newspaper of "general circulation" for publication, but was only provided to a local paper of limited circulation ( Maplewood Review available 116 only by subscription, with a circulation of. only a few thousand residents More importantly, it did not event published Failure to provide public notice of the EAW warrants reconsideration of the environmental process, which will be at least be mitigated by requiring an EIS Finally, the time limit for rendering a decision on the E IS has passed. Minn Rule 4410.170.0, Subp._2 (A). requires that the decision be made within 30 days. after the close of the eaw comment review period, which presumably closed several months ago. The failure to follow the publication and time limits rules for this environmental rev process may be partially mitigated by requiring an E IS on this protect. The Sierra Club urges the Maplewood City Council to . order the completion of an EIS on this project. As the Responsible Government Unit, the City Council has an overriding responsibility to make sure that the proposed project is carefully analyzed before it is approved, and .before irrevocable damage is done to the environment. This is one of the few large remaining wetland areas in the.area. It is a unique resource that is.ranked as the most desirable open space in the City. The beauty of the site will be destroyed by the proposed project. The ponds, swamps, wildflowers and wildlife which make up the scenic urea. will vanish. The wetlands, forests, and wildlife will be adversely effected by this project, S ince this project raises the potential for irreversible significant environmental eff ects, an EIS is required for the project Sincerely, Ron Williams C t,� 117 (jf� Oak Rid Development g oes throu the Maplewood Parks and Recreation �B epartment is proposin to purchase land bo put a pla ri next to the railroad trac across from the grain facilit Maplewood would be puttin our children at risk b drawin the children to pla near the tracks. We believe this location would be unsafe and irresponsible and would put Maplewood at risk of law suit should an accident occur. This petition is against havin a pla b the railroad tracks. J od.& Szo 20 30 r 4. ��i f t � � �4 l , .l � �` /(r -� r. ;�c. /_ � /��- e `LYJ� �� it �l - 5. 60 02t ew-o. 70 -woe 84, 100 90 Iyro r � � %Ool 100 c � 11. � /�� � ljN��'z' / ��?a�l� - nom Ile 120 718 Attachment 34 130 _ � ,_ iL 140 1 5. 11 f 16. Chu; n1fc;�£� m � ..,,,,;� f� 18, � C Sk 200 / 58 X 73 22a 77 o:� '107 230 izi;z � 't.Gl .1 A 240 25* � ,��p�J� ,yC�,do� 260 27 D,i,� oB�: I the Oak Ridge Development goes through, the Maplewood Parks and Recreation apartment is proposing to purchase land to put a playground right next to the railroad tracks across from the grain facility,, Maplewood wd uid be putting our children at risk by drawing the children to play near the tracks. We believe this ocation would be unsafe and irresponsible and would put Maplewood at risk of law suit should an accident occur. This petition is against having a playground by t tracks. I'Ile l 346 Uj 1-kI ) 120 S�eYZ,�i•.� � SG.Y..�s PLAN AMENDMENT RESOLUTION WHEREAS, Gonyea Company, Inc. requested a change to the City's land use plan from R -3M (residential medium density) and OS (open space) to R -1 (single dwellings) and OS (open space). WHEREAS, this change applies to property located east of McKnight Road, between the Chicago Northwestern Railroad and the Hoyt Avenue right -of -way. (PIN - 24 -29 -22.24 -0010) .WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on December 21, 1992. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve the plan amendment. 20 The City Council discussed the plan amendment on January 19, 1993. They considered reports and recommendations from the Planning Commis- sion and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change as shown in the staff report presented at the meeting. The Council approves this change for the following reasons: 1. The developer is proposing to develop the site for single dwellings. 2. Single dwellings would be more compatible than multiple dwellings with the homes to the north of the site. 3. This change would reduce the allowable density and traffic from this site. Adopted on , 19930 Attachment 35 121 RESOLUTION: ZONING MAP CHANGE WHEREAS, the Gonyea Company, Inc. requested changes in the zoning map from R -3 (multiple dwellings) and M -1 (light manufacturing) to R -1 (single dwellings). WHEREAS, this change applies to the property located east of McKnight Road between the Chicago Northwestern Railroad and the Hoyt Avenue right -of -way. (PIN 24- 29 -22 -24 -0010) WHEREAS, the history of this change is as follows: 1. On December 21, 1992, the Planning Commission recommended that the City Council approve the change. 2. The City Council held a public hearing on January 19, 1993. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described change in the zoning map for the following. reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. It would be consistent with the proposed development and with the proposed land use change. Adopted on , 19930 Attachment 36 122 SUBDIVISION CODE VARIA110N RESOLUTION WHEREAS, the Gonyea Company, Inc. requested two variations from the subdivision code. WHEREAS, this code variation applies to the Oak Ridge Development that is east of McKnight Road and north of the Chicago Northwestern Railroad. WHEREAS, the legal description for this property is: That part of Section 24, Township 29, Range 22, described as follows: The Southeast Quarter of the Northwest Quarter, EXCEPT that part platted as CAVES LAKEWOOD SECOND ADDITION, That part of the .Northwest Quarter of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter, and the Northwest Quarter of the Southeast Quarter which he northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, That part of the South 1/2 of the Northeast Quarter lying northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, and westerly of a line drawn from a point on the north line of said south 1/2 distant 910.2 feet west of the westerly ROW line of Century Avenue, to a point on the northerly ROW line of said R/R, distant 1043.58 feet southwesterly of the westerly ROW line of Century Avenue, and there terminating. City of Maplewood, Ramsey County, Minnesota. WHEREAS, Section 30 -8 (b) (3) of the Maplewood Code of Ordinances requires developers to limit cul -de -sacs to 1,000 feet in length, unless no other alternative is possible. WHEREAS, the applicant is proposing cul -de -sacs of 1,500 feet long for Arlington Avenue (east of McKnight Road) and 1,340 feet for Myrtle Street. WHEREAS, this requires variations of 500 feet and 340 feet. WHEREAS, the history of these variations is as follows: 1. On December 21, 1992, the Planning Commission recommended that the City Council deny the variations. Attachment 37 123 1 2. The Cit Council held a public hearin on Januar 1.9., 1993. Cit staff published a notice in the Maplewood Review .and sent notices to the surroundin propert owners as required b law, The Council g ave ever at the hearin a chance to speak and present written statements. The Council also considered reports and recommendations from the Cit staff and Plannin Commission. NOW, THEREFORE, BE IT RESOLVED that the Cit Council approve the above- described variations, because: 1. 1 0 The variations will save an existin wetland and a woodlot with -fort lar trees. 2. The Cit approved a similar variatio for two cul-de-sacs in the Budd Kolb Second Addition. Adopted on 19930 124 SUBDIVISION CODE RESOLUTION WHEREAS, the Gonyea Company, Inc. requested a variation from the subdivision code. WHEREAS, this code variation applies to the Oak Ridge Development that is east of McKnight Road and north of the Chicago Northwestern Railroad. WHEREAS, the legal description for this property is: That part of Section 24, Township 29, Range 22, described as follows: The Southeast Quarter of the Northwest Quarter, EXCEPT that part platted as CAVES LAKEWOOD SECOND ADDITION, That part of the Northwest Quarter of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter, and the .Northwest Quarter of the Southeast Quarter which he northerly of the Chicago, St. Paul, Mpls. and Omaha RJR, That part of the South 1/2 of the Northeast Quarter lying northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, and westerly of a line drawn from a point on the north line , of said south 1/2 distant 910.2 feet west of the westerly ROW line of Century Avenue, to a point on the northerly ROW line of said R/R, distant 1043.5.8 feet southwesterly of the westerly ROW line of Century Avenue, and there terminating. City of Maplewood, Ramsey County, Minnesota. WHEREAS, Section 30 -8 (b) (3) of the Maplewood Code of Ordinances requires developers to limit cul -de -sacs to 1,000 feet in length, unless no other alternative is possible. WHEREAS, the applicant is proposing a cul -de -sac 1160 feet long for Montana Avenue. WHEREAS, this requires a variation 160 feet. Attachment 38 125 WHEREAS, the histor of this variation is as :follows The Cit Council held a public hearin on Januar 19, 1993. Cit staff published a notice in the Maplewood Review and sent notices to the surroundin property owners as re b law. The Council g ave ever at the hearin a chance to speak and present written statements.. The Council a lso considered reports and recommendations from the City staff and Plannin Comrm'ssion. NOW, THEREFORE, BE IT RESOLVED that the Cit Council approve the above- described variation, because: 1. There is no practic alternative. 2. The cul-de-sac len will be reduced when the propert to the north is developed. Adopted on )1993. 126 VARIANCE RESOLUTION WHEREAS, Gonyea Company, Inc. requested a variance from the zoning ordinance for all the lots in the Oak Ridge Development. This development is east of McKnight Road and north of the Chicago Northwestern Railroad. WHEREAS, the legal description for this property is: That part of Section 24, Township 29, Range 22, described as follows: The Southeast Quarter of the Northwest Quarter, EXCEPT that part platted as CAVES LAKEWOOD . SECOND ADDITION, That part of the Northwest Quarter of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter, and the Northwest Quarter of the Southeast Quarter which lie northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, That part of the South 1/2 of the Northeast Quarter lying northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, and westerly of a line drawn. from a point on the north line of said south 1/2 distant 910.2 feet west of the westerly ROW line of Century Avenue, to a point on the northerly ROW line of said R/R, distant 1043.58 feet southwesterly of the westerly ROW line of Century Avenue, and there terminating. City of Maplewood, Ramsey County, Minnesota. WHEREAS, Section 36 -70 of the Maplewood Code of Ordinances requires a front -yard setback of at least 30 feet for single dwellings. WHEREAS, the applicant is proposing a front -yard setback of 20 to 25 feet. WHEREAS, this requires a variance of 5 to 10 feet. WHEREAS, the history of this variance is as follows: 1. On December 21, 1992, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hea-mg on January 19, 1993. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportu- nity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. Attachment 39 127 NOW, THEREFORE, BE IT RESOLVED that the City Council approve a variance of up to ten. feet for the minimum front yard setbacks in this plat. The City should approve this variance because: 1. The amount of significant natural features on this site create a hardship that is unique to this property. 2. Approving this variance would preserve large trees that would be lost without the variances. 341 This variance would allow .a wetland buffer strip. 4. The variances would meet the intent of the ordinance, since most of the lots would have similar setbacks. This variance shall not apply unless the following conditions are met: 1. The reduced setback is needed to avoid the loss of large trees or encroachment on the wetland buffer strip. 2. There must be at least 75 feet of lot width at the building setback line (Code requirement). 3. There shall be no more than a five -foot difference between adjacent front setbacks, unless approved under the provisions of Section 36 -70.. Adopted on 1 1993. 128 VACATION RESOLUTION WHEREAS, the Gonyea Company, Inc. requested that the City vacate the following described street: the. undeveloped Hoyt Avenue right -of -way, between Sterling Street and Glendon Street. WHEREAS, the history of this vacation is as follows: 1. On December 21, 1992, the Planning Commission recommended that the City Council approve this vacation. 2. The City Council held a public hearing on January 19, 1993. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the vacation is approved, public interest in the property will accrue to the following abutting properties: Lots 10 -18, Block 2, Bradley oaks Addition, Maplewood NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described vacation because it is in the public .interest. It is in the public interest because: 1. The adjacent properties would be better served by other streets. 2. To construct Hoyt Avenue, the City would have to fill a wetland and construct a new wetland to compensate for the filling. This vacation is subject to the retention of a drainage and utility easement over the right- of-way. Adopted on ) 1993. Attachment 40 129 CODE VARIAnON RESOLt7TION WHEREAS, the Gonyea Company, Inc. requested a variation from the City Code. WHEREAS, this code variation applies to the Oak Ridge Development that is east of McKnight Road and north of the Chicago Northwestern Railroad. WHEREAS, the legal description for this property is: That part of Section 24, Township 29, Range 22, described as follows: The Southeast Quarter of the Northwest Quarter, EXCEPT that part platted as CAVES LAKEWOOD SECOND ADDITION, That part of the Northwest Quarter of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter which lie northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, That part of the South 1/2 of the Northeast Quarter lying northerly of the Chicago, St. Paul, Mpls. and Omaha R/R, and westerly of a line drawn from a point on the north line of said south 1/2 distant 910.2 feet west of the westerly ROW line of Century Avenue, to a point on the northerly ROW line of said R/R, distant 1043.58 feet southwesterly of the westerly ROW line of Century Avenue, and there terminating. City of Maplewood, Ramsey County, Minnesota. WHEREAS, Section 29- 52(a)(9) of the Maplewood Code of Ordinances requires that local residential streets shall be 32 feet in width, measured between faces of curbs. WHEREAS, the applicant is proposing 28- foot -wide streets. WHEREAS, this requires a variation five feet. WHEREAS, the history of this variation is as follows: The City Council held a public hearing on January 19, 1993. City staff publishes? a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to spew. and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. Attachment 41 130 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variation, with the condition that there shall be no parking on one side of the streets and the developer shall pay the City for the cost of no parking signs. Adopted on 2 1993. 131