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HomeMy WebLinkAbout06.08.04 Planning Packet City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future . Committed to Providing High Q/JQJlty, Timely and Responsive Service to All Of Our Customers . . AGENDA PLANNING COMMISSION MEETING JuneS, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROV At OF MINUTES a) May 11, 2004 ;.. PUBLIC HEARINGS a) East Farmington 9th Addition Preliminary 8: Final Plat (continued) . 4. DISCUSSION a) Farmington Spruce Street AUAR - Final AUAR - Responses to Comments b) Future Public Hearing Notices 5. ADJOURN . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Planning Commission Lee Smick, AICP ~ City Planner East Farmington 9th Addition Preliminary & Final Plat TO: SUBJECT: DATE: June 8, 2004 INTRODUCTION/ DISCUSSION At the May 11 th Planning Commission, the members approved a continuation of the public hearing for the East Farmington 9th Addition Preliminary & Final Plat to the June 8th Planning Commission meeting. However, the developer is continuing to address the wetland mitigation issues that exist on the site, and therefore, staff recommends that the Planning Commission continue the public hearing to the July 13, 2004 meeting in order for . the developer to meet Wetland Conservation Act requirements. A copy of a letter is attached to this packet, notifying the developer of the need for him to agree to sign the attached consent form in order to waive any automatic approval rights or provisions of state law to the extent necessary to allow the review schedule as proposed in the attached letter. The Developer needs to respond to this letter by June 8th. Staff will inform the Planning Commission of the Developer's desire at the meeting. ACTION REQUESTED Staff recommends that the public hearing for the East Farmington 9th Addition Preliminary & Final Plat be continued to the July 13, 2004 Planning Commission meeting. Respectfully submitted, ~'}~ Lee Smick, AICP City Planner . cc: Tim Giles, Giles Properties, Inc. . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463.2591 www.d.farmington.mn.us June 3, 2004 ~(Q)~W Mr. Tim Giles Giles Properties, Inc. P.O. Box 51 Elko, MN 55020 RE: Consent for Continuation of East Farmington 9th Addition Preliminary &. Final Plat Dear Mr. Giles: As you know, the wetland mitigation plan for East Farmington 9th Addition is not yet completed. On June 8th, we propose to have the Planning Commission move to table its review of the plat until July 13th, with City Council action subsequently scheduled for July 19th. Because this proposed review schedule is 4 days beyond the 120 day review period specified in state law (M.S. 462.358) for the preliminary plat (deadline is July 15th), we may proceed as proposed only with your express written consent. However, absent your consent and a completed wetland mitigation plan we see no alternative but to reject the application prior to the July 15th deadline. If you agree with this suggested timeline, please sign and return the attached consent. ill~ Lee Smick, AICP City Planner Cc: David Urbia, City Administrator Kevin Carroll, Community Development Director Lee Mann, Director of Public Works/City Engineer Jim Atkinson, Assistant City Planner Joel Jamnik, City Attorney . . . I consent to the proposed review schedule for the East Farmington 9th Addition Preliminary Plat application and expressly waive any automatic approval rights or provisions of state law to the extent necessary to allow the review schedule as proposed above. Tim Giles, Giles Properties, Inc. Date File . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Discussion of Responses to Comments for the Farmington Spruce Street AUAR DATE: June 8, 2004 INTRODUCTION/DISCUSSION The City of Farmington and Bonestroo, Rosene, Anderlik & Associates have recently completed responses to comments submitted by the following agencies: Friends of the Mississippi River Metropolitan Council Minnesota Department of Transportation Minnesota Department of Natural Resources Dakota County Soil and Water Conservation District Dakota County Minnesota Pollution Control Agency Northern Natural Gas The responses to comments are attached for your review. Sherri Buss of Bonestroo will be in attendance at the meeting to answer any questions from the Planning Commission. Upon review and comment from the Planning Commission, it is anticipated that the response to comments will be reviewed by the City Council at the June 21, 2004 meeting. The City Council will be requested to adopt the Final AUAR and Mitigation Plan on that anticipated date. Any formal objections to the comments must be made by the commenting agencies within 10 days of the City Council's adoption of the Final AUAR and Mitigation Plan. ACTION REQUESTED Review the attached responses to comments from the above-listed agencies and make any revisions required and forward the information to the City Council for their June 21, 2004 meeting. :;sP~~U~J.ted' ~~ Lee Smick, AICP City Planner . . Farmington Spruce Street AUAR Final AUAR-Responses to Comments DRAFT for Review City of Farmington June, 2004 Bonestroo File No. 141-02-181 . . . . Project Title: Farmington Spruce Street AUAR City of Farmington Contact person: Lee Smick, Planning Dept. Address: 325 Oak Street Farmington, MN 55024 (651) 463-1820 (651) 463-1611 Proposer: Phone: Fax: City of Farmington Contact person: Lee Smick, Planning Dept. Address: 325 Oak Street Farmington, MN 55024 (651) 463-1829 (651) 463-1611 RGU: Phone: Fax: Farmington Spruce Street AUAR- Responses to Comments 1 . . . TABLE OF CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Comment Letters Received Metropolitan Council...... ...... ... ............... ... ...... ...... ... ......... ... ... 5 Minnesota Department of Transportation.. . ......... ..... ....... ................ 7 Minnesota Department of Natural Resources.. ....... ...... ........ ........ ..... 8 Dakota County Soil and Water Conservation District.. . . . . . . . . . . . . . . . . . . . . . . .18 Dakota County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 Minnesota Pollution Control Agency... .., ............... ........ .......... .....31 Vermillion River Watershed Management Organization.. ...... .......... ....34 Friends ofthe Mississippi River............................................... ...35 Northern Natural Gas... ... ............ ......... ... ...... ... ......... ......... ... ...36 Attachments................................................................................ ....37 Final Mitigation Plan Ftevised Figures Revised Analyses Copies of Comment Letters Farmington Spruce Street AUAR- Responses to Comments 2 . . . INTRODUCTION The Draft Alternative Urban Areawide Review for the Farmington Spruce Street AUAR was prepared by the City of Farmington and submitted to the Environmental Quality Board and commenting agencies in accordance with EQB Rules on March 24, 2004. The notice appeared in the EQB Monitor on April 12, 2004. The required 30-day comment period ended on May 12, 2004. Comments were received from various public agencies and organizations, and copies are included in the Appendices. This final AUAR identifies the comment letters received, paraphrases the comments, and provides responses to the comments. The Final AUAR Mitigation Plan is also included in this document, and incorporates changes in language and content based on comments received. The Mitigation Plan is located in the Attachments. The Farmington City Council will formally adopt this Final AUAR and Mitigation Plan on , 2004. Farmington Spruce Street AUAR- Responses to Comments 3 . . . RESPONSES TO COMMENTS Responses to comments are organized around each comment letter to insure that responses specifically address each reviewer's concerns. To clarify what comment is being addressed, the page and item number are indicated. Comments relating to the Mitigation Plan are listed separately following comments relating to the AUAR text. If the comment is editorial or advisory, we have acknowledged the comment and any necessary correction(s) to be made. For comments that are substantive, we have replied and where necessary, referenced appropriate sections of the Draft AUAR. Revisions to Tables, Figures and in some cases text, are included in the Attachments. Farmington Spruce Street AUAR- Responses to Comments 4 . . . Metropolitan Council Comments Page I-Item 8. Permits and Approvals Required In Table 8.1, the document should include the following requirements under the Metropolitan Council Environmental Services (MCES): . MCES Connection Permit Application, and . MCES Encroachment Agreement for Improvements within MCES easements Response: We will add these items to the Permits and Approvals Required in the Final AUAR. Page I-Item 11. Fish. Wildlife and Sensitive Resources Based upon the significant extent of wetlands and natural areas on the site, surmountable curbing should be utilized for all roadways on the site. Response: The City will consider use of surmountable curbing on the site. Page I-Item 14. Water-Related Land Use Management Districts Figure 10-1 identifies the extent of the current 1 DO-year (return flood frequency) flood plain on the proposed development site. When comparing the flood plain extent with the future land use and design concept maps on Figures 5-5 and 5-6, it appears portions of the flood plain on the eastern side of the site are proposed to be developed with surface structures. The final document should address the permits necessary to allow placement of fill within the flood plain areas planned for impacts and the mitigation actions necessary to replace the loss of flood storage area. Response: Structures will not encroach into the 100-year flood plain. Page I-Item 18. Water Quality-Wastewater New connections to the regional conveyance system (MCES interceptors) should be consolidated to reduce the number of overall connections/breeches to the facility. Response: The City will work with MCES staffto discuss the appropriate number and location of connections to the MCES system. Page 2-Item 25. Nearbv Resources - c. Desifmated varks and Recreation Areas or Trails Dakota county parks is working to create an acquisition master plan for a regional park along the Vermillion River in Empire Township. The County is in the preliminary process of exploring potential trail connections to the new regional park. The City might Farmington Spruce Street AUAR- Responses to Comments 5 . . . consider a trail within the proposed Spruce Street development along the Vermillion River that could be included as a future regional trail. Response: The proposed Master Plan includes several trails along the Vermillion River, as indicated on Figure 5.6. The City would be happy to discuss potential extension of one or more of these trails and designation of the trail as a Regional Trail with the Council and Dakota County. Farmington Spruce Street AUAR- Responses to Comments 6 . Minnesota Department of Transportation Page i-Item 2i. Traffic The proposed development area is located at some distance from Trunk Highway (TH) 3, although it is likely that some traffic from the development will end up on TH 3...No funding has been identified for expansion of TH 3 in the next 20 years. Response: The comment is noted. Improvements to TH 3 will need to be addressed and efforts made to include TH 3 in an improvement category. This means that the "preservation" status will need to be reviewed and modified so that TH 3 improvements to a four-lane divided facility can be realized. The City will work with MnDOT to address the future ofTH 3. . . Farmington Spruce Street AUAR- Responses to Comments 7 . Minnesota Department of Natural Resources Page I-Item 7. Pro;ect Magnitude Data On page 14, the document states, "The actual level of development realized on the site may be less than this scenario, based on market conditions, or desire to minimize impacts to natural resources or infrastructure." We request that the word minimize be changed to prevent. Response: The City has completed the analysis in the AUAR and Mitigation Plan to avoid, minimize or mitigate for impacts to natural resources that may occur as a result of the proposed development, since some impacts cannot be completely avoided. It would be consistent with AUAR requirements and this approach to change the word "minimize" to "minimize or avoid" impacts. We will make this change in the Final AUAR. Page I-Item 10. Cover Tvpes Figure 10-1 shows an inconsistency in that the river is illustrated outside of the flood plain in a few locations. . Response: Thank you for identifying this error. GIS staff inadvertently selected a subwatershed boundary line rather than the river segment on a portion of the maps. The error will be corrected in the final AU AR, and corrected copies of the maps are included in the Attachments to this document. The discussion regarding the Vermillion River and South Creek states, "monitoring suggests that South Creek is fed by ground water, which contributes to cool temperatures that support trout... " The Vermillion River is also fed by ground water. The sources of cold groundwater inputs within the A UAR area should be identified and protected. Response: The information on ground water contribution to South Creek was obtained from the Vermillion River Watershed Management Plan, Preliminary Draft (August, 1999). Groundwater analysis in the plan indicates that North Creek and South Creek are "gaining" reaches, fed by groundwater. The report notes that the mainstem south of the Empire WWTP is a slight "gaining" reach, which the section near Hastings is a "losing" reach. No information is provided on groundwater contributions within the AUAR area in this report, or identified in other resources reviewed for the ADAR. If additional information is available on specific groundwater inputs within the AUAR area (rather than general surficial groundwater flows), please provide a reference and we will include this information in the AUAR. . On Page 19, in the first bullet item, the correct name is: Vermillion River Watershed Joint Powers Organization. Farmington Spruce Street AUAR- Responses to Comments 8 . Response: The correct name will be included in the final AUAR. The Farmington Spruce Street AUAR area will not be the only area contributing storm water. The contributions of stormwater from land uses adjacent to the A UAR area must also be recognized to discuss what the potential cumulative impacts will be to the Vermillion River and South Creek. Regional ponding identified in the City's Surface Water Management Plan is no longer considered to be the most effective solution for stormwater management. Stormwater from the planned regional pond north of the Spruce Street site would allow significant warming of storm water, which would result in negative cumulative stormwater impacts and may cause thermal impacts to the trout stream. Response: The storm water analysis includes all flows to the Vermillion River generated within the AUAR area or from adjacent areas flowing through the AUAR area. Storm water from other areas of Farmington that have no relationship to the proposed development do not need to be included in the AUAR analysis. The City's Surface Water Management Plan (1997) quantifies flows from other areas of Farmington, and includes strategies and policies for managing these flows. The SWMP was reviewed by the natural resource agencies. . As noted in the AUAR (Section 17), the City of Farmington had suggested routing flows from the regional pond north of the Spruce Street site away from South Creek, a designated trout stream, to Middle Creek to protect the higher quality resource. However, the DNR's Trout Stream Coordinator, Jason Moeckel, specifically recommended that this strategy be abandoned, and the original flow pattern retained. These flows have been accounted for in the AUAR analysis, and can be managed to meet the MPCA's requirements for Special Waters. The AUAR analysis and Mitigation Plan focus on reducing the volume of storm water flows to the Vermillion River to meet the MPCA's NPCES General Permit standards (8/1/03). The analysis indicates that these standards can be met in the AUAR area by adopting a variety of strategies recommended by the MPCA in its General Permit (C. Additional BMPs for Special Waters) where these are feasible. Section 17 and the Mitigation Plan indicate the City's commitment to meeting the MPCA' s standard by using the range of storm water management options included in the General Permit. There are three proposed roadway bridge crossings of the Vermillion River, and crossings for pedestrian paths. Figure 10-2 illustrates that a roadway bridge is also needed on the South Creek. Additional information is needed about these bridge and pedestrian crossings. . Response: Since publication ofthe Draft AUAR, the City has met with natural resource agencies to discuss issues related to the river crossings proposed in the Master Plan. These discussions have focused on design strategies to avoid impacts to the river, and minimize impacts to floodplain areas. The City has Farmington Spruce Street AUAR- Responses to Comments 9 . . . indicated that it is committed to avoiding impacts to South Creek and the Vermillion River, and minimizing and mitigating for any impacts to floodplains that result from the stream crossings. The City will continue to provide additional specific information on bridge crossings to the agency representatives as designs are developed and through the permitting process. Figure 10-2 has a map inconsistency in that the river is depicted outside of the flood plain and the area of High Density Development encroaches on the river without providing a buffer on the south side of the river. Response: As noted above, this error will be corrected in the final AUAR maps. Page 2-Item 11. Fish. Wildlife. and Sensitive Resources ... The Natural Heritage Database was reviewedfor this project area. However, no additional data was found. We also recommend that the Dakota County Natural Resource Inventory with MLCCS Level 5 data be consulted to determine if there are any rare plant communities in the project area. Response: The Dakota County Natural Resource Inventory was reviewed for the AUAR and no additional data regarding rare plant communities was found. Paf!e 2-Item 12. Phvsical Impacts on Water Resources Information about the City's buffer requirements for trout streams should be included here. This information may be important as the buffer may apply in the area where the river swings to the edge of the floodplain. Response: Information on the City's buffer requirements for trout streams is included on the table in this section. The text indicates that a 100- foot buffer is required on all wetlands in the trout stream corridor. Page 2-Item 13. Water Use On page 28 in the Mitigation Plan, a bullet should be added that states the specific location for the new well. The mitigation plan should also ensure that the well will be far enough from the Vermillion River that it will not negatively impact the base flow. Response: The project in and of itself does not require a new well. The "yes" indication in section 13a is indicating the abandonment of existing wells. The six active municipal wells are designed to meet the City's needs until 2010. Future City wells, for which most of the sites have been already acquired, will be located north of 200th Street, which is over a mile away. The effects of future wells will not impact the base flows of the Vermillion River. As with the other City wells, the source of water for future wells will be the Farmington Spruce Street AUAR- Responses to Comments 10 . Prairie du Chien-Jordan Aquifer, a deep bedrock aquifer. The Vermillion River and South Creek are fed by surficial aquifers, which are not affected by pumping from the deep bedrock aquifers. The only area of contact between the Prairie du Chien aquifer and local streams is bedrock outcrops along the Vermillion near Hastings, and along the Mississippi River in the same area. Both areas are miles downstream of the project area. Figure 13-1, Proposed Water Distribution System, should include the Vermillion River and south Creek on the map to illustrate the number of stream crossings for water supply trunks. Response: the location of the river and creek will be added to this figure. A revised figure is included in the Attachments to this document. Page 3. Item 17. Water Duality-Surface Water Runoff Since the storm water discharge will enter designated trout streams (Vermillion River and South Creek), an evaluation of the chemical composition and temperature regime of the stream and the consequent impacts on the trout population must be included (as stated in the question under "Trout Streams "). There is no thermal modeling included in the AUAR... (Next several paragraphs address thermal impact issues.) . Response: The City met with natural resource agencies, including the MPCA, DNR, and Dakota SWCD on September 19, 2003, to discuss the requirements and approach for the storm water analysis in the AUAR in light of the recently- adopted MPCA NPCES General Permit and its requirements for Special Waters. The City followed this meeting with correspondence and telephone conversations to clarify the requirements for the storm water analysis. The agencies recommended that the storm water analysis for the Spruce Street AUAR follow the same methodology as that used for the Seed/Genstar AUAR (September, 2003). The requirements for the AUAR included the following: 1. Adoption of the MPCA NPDES General Permit Standard for storm water volume control ("Infiltration or evapotranspiration of runoff in excess of pre-project conditions up to the 2-year, 24-hour precipitation event.") 2. Analysis of projected storm water flows, soils, and other conditions in the project area to determine the feasibility of meeting the required standard. 3. Adoption of the BMP's for Special Waters included in the MPCA's General Permit, including Temperature Control BMP's. . The analysis included in Section 17 of the Draft AUAR indicates that it should be feasible to meet the General Permit Standard for volume control in the AUAR area. The City has adopted the BMP's for Special Waters included in Appendix Farmington Spruce Street AUAR- Responses to Comments 11 . A of the General Permit in the AUAR Mitigation Plan. Based on the City's adoption of the standard and the BMP's the City believes that it has met the agency recommendations for analysis of storm water impacts to the stream, and adoption of methods to avoid these impacts, including temperature impacts. This same methodology, and adoption of the same controls, was included and accepted in the Seed Genstar AUAR (Draft, September, 2003; Final AUAR and Response to Comments, January, 2004.) On page 14, item 3, since infiltration is prohibited on industrial sites such as vehicle fueling and maintenance areas, retail gas stations, warehouse refueling station and storage sites for bulkfuel supplies, it would be inappropriate to locate such businesses near the Vermillion River. The two other paragraphs under item 3 seem to contradict the first paragraph as they related to locating retail gas stations. . Response: The City discussed this issue at length with MPCA staff during development of the AUAR analysis. MPCA staff concluded that these land uses could be included in the AUAR area ifBMP's were designed and constructed to provide sufficient spatial separation from infiltration areas. The City has noted this in the Mitigation Plan, item #3, and will work with the developer to assure that if such land uses are included in plans for the AUAR area, adequate BMP's are provided to protect infiltration facilities on the site. A record of the conversation with MPCA staff on this issue is included in the Attachments. On page 42, item 5 of the Mitigation Plan should include the requirement for property owners to conduct regular monitoring and maintenance to ensure continued functioning and effectiveness for all stormwater systems. Response: The MPCA requires the City, not property owners, to monitor alternative storm water methods for two years after the start of operations. Under item 6 of the Mitigation Plan, the City of Farmington should develop a plan to monitor the chemical, biologic, hydrologic and geomorphologic conditions and health of the Vermillion River, South Creek and wetlands within and exiting the A UAR area. Several monitoring programs are collecting data within the A UAR area and it may be in the interest of the City to become partners of those programs so funding exists to ensure data continues to be collected. If the collected data indicates negative impacts to stream health are occurring as a result of development in the A UAR area, the City should cease development, reassess stormwater management plans, and make appropriate corrections for future development phases of the A UAR area. . Response: The City is willing to partner with other agencies to discuss current monitoring and determine potential additional needs for monitoring in the AUAR area and potential funding sources to support additional needed monitoring. If negative impacts to the stream are noted that are the result of development in the AUAR area, the City will work with the agencies to make appropriate corrections. Farmington Spruce Street AUAR- Responses to Comments 12 . . . Item 7 under the Mitigation Plan should also require the implementation of the Vermillion River Watershed Joint Powers Board Watershed Management plan when it is completed. Response: The City is one of a number of cities and organizations that will participate in the implementation of the Watershed Management Plan when it is completed. The City is participating in development of this plan, and will do its part in implementing the plan. We will add this item to the Mitigation Plan. Under Mitigation Plan item 8, utility crossings are also included in the Master Plan, and the City should work with DNR and other agencies as they are designed. Response: The City will work with the DNR and other agencies as utility crossings are designed and permits are requested. In item 9 of the Mitigation Plan, we request the addition of the following text: "pretreatment of water discharged to wetlands and the Vermillion River and South Creek during and after construction... " Response: We will add this phrase to item 9 in the Mitigation Plan. Also, we request the underlined text be added to the last paragraph on page 42, "...that satisfied the requirements and rules of the MPCA ... " Response: The addition of "rules" to requirements is redundant, but it can be added. The City has made it clear in the analysis and Mitigation Plan that it has adopted the standards and BMP's required by the MPCA in the NPCES General Permit. Figure 17-1 Area Sub-Watersheds, shows an inconsistency in that the river is illustrated outside of the flood plain. Response: As noted previously, this error will be corrected in the final AUAR. A revised figure is included in the Attachments to this document. Page 4-Item 18. Water Quality-Wastewaters Figure 18-1, Trunk Sewer Systems, the river and creek should be added to the map to illustrate the number of trunk sewer crossings. Response: The location of the river and creek will be added to this figure. A revised figure is included in the attachments to this document. Page 4-Item 19. Geologic Hazards and Soil Conditions Farmington Spruce Street AUAR- Responses to Comments 13 . . . On Page 52, it is stated that the entire project area is rated with a "high" sensitivity to pollution. This is another reason not to site industrial businesses such as vehicle fueling and maintenance areas, retail gas stations, warehouse refueling station and storage sites for bulk fuel supplies within the A UAR area where the sensitive resources of a trout fishery and the Vermillion River are located. Response: see response above to page 14, item 3. The City has worked with MPCA staff to identify appropriate BMP's to address these concerns. Figure 19-2, Soil, should also include the river for reference. Response: The figure will be modified to include the location of the streams. A revised figure is included in the Attachments to this document. Item 21. Traffic Figures 21-1 thru 21-7 should also include the river for reference. Response: The figure will be modified to include the approximate location of the streams and surrounding natural areas. The figures were created using different software than the figures created in GIS software (it is specifically designed to show traffic movements), and it is not possible to draw the specific location of the river itself. Mitigation Plan Regarding the first sentence on Page 82, the RGU and proposer should note that the DNR Conservation Partners program does not have funding at this time. Response: The AUAR and Mitigation Plan are designed to guide actions through all phases of the proposed development, which may be 10 or more years, not for the short term. It may therefore, be best to eliminate references to any specific funding program. The item will therefore be modified to remove the phrase "such as the DNR's Metro Greenways and Conservation Partners programs" to avoid misinterpretation of funding availability for specific programs. On Page 84, Item 12, Impacts on Water Resources, under Goal 1, number one, utility crossings of streams and rivers requires a license to cross public lands and waters from the DNR. Response: The City is aware of this requirement, and has noted it under Section 8. Permits and Approvals Required in the AUAR. Information about the location of the new well and determinations of impacts to base flow of the Vermillion River and South Creek should be include in Goal 1 of Item 13 on page 85. Farmington Spruce Street AUAR- Responses to Comments 14 . . . Response: As noted above, the project does not require a new well and future City wells will be located over a mile north of the project. The effects of future wells will not impact the base flows ofthe Vermillion River. As with the other City wells, the source of water for future wells will be the Prairie du Chien-Jordan Aquifer, a deep bedrock aquifer. The Vermillion River and South Creek are fed by surficial aquifers, which are not affected by pumping from the deep bedrock aquifers. On Page 85 Item 16, Goal 1, item 4, we request the following underlined text be added: "Employ inspections on site to ensure that stormwater Best Management Practices and City Ordinances are implemented, constructed correctlv and maintained to ensure continued functioning and effectiveness of all stormwater svstems. Response: This language will be added to Item 16 of the Mitigation Plan. Page 87, Item 3, see previous comments that we made on pages 41 and 52 regarding the siting of industrial businesses. Response: See previous responses to the same issues. On Page 88, item 5, the correct name is Vermillion River Watershed Joint Powers Organization. Also, as recommended above in Item 17, Water Quality, the City of Farmington should develop a plan to monitor the chemical, biologic, hydrologic and geomorphologic conditions and health of the Vermilion River, South Creek, and wetlands within the AUAR area. Agency and grant-funded programs like the River Watch should not be considered sufficient for a long term monitoring plan because funding or volunteers may not always be available for those programs. Response: See previous responses to the same comments. Also on page 88, item 6, should also include implementation of the Vermillion River Watershed Joint Powers Organization Watershed Management Plan when it is completed. Again, note that the DNR Conservation Partners Grant program does not have funding at this time. Response: See previous responses to the same comments. Goingfrom Page 88 to Page 89, Items 7, 8 and 9 are missingfrom the document. Response: Item 7 (Project Magnitude Data), Item 8 (Permits and Approvals), and Item 9 (Land Use-Not required for an AUAR) provide background information for the AUAR analysis. These sections do not identify any potential environmental impacts, and therefore are not included in the Mitigation Plan. Farmington Spruce Street AUAR- Responses to Comments 15 . . . On page 89, item 10 should also include the requirements of the Vermillion River Watershed Joint Powers Organization Watershed Management Plan when it is completed. Response: This item will be included in the final ADAR. In item 11 on page 89 should also include the requirements of the Vermillion River Watershed Joint Powers Organization Watershed Management Plan when it is completed. Response: This item will be included in the final AUAR. In item 11 on page 89, the Master Plan also includes utility crossings of the Vermillion River and South Creek. As stated previously, the RGU and proposers/developers should work with DNR and other agencies as they are designed. Response: The City has noted in previous responses that it will work with the DNR and other agencies as the crossings are designed. Mitigation measures are not provided for item 19, Geologic Hazards and Soil Conditions-Sensitivity to Pollution. Since the entire area is rated with a "high" sensitivity to pollution it would be appropriate to prohibit industrial sites near the Vermillion River as mentioned above in item 19. We recommend adding the following mitigation measures for Item 19. . Planning for snow storage to prevent impacts from sediments and salts during melting to the Vermillion River, South Creek and wetlands. . Identify cold water sources to the Vermillion River and South Creek, and develop a plan for buffering and protecting these resources. Response: No industrial land uses are proposed in the AUAR area (see future land use on Figure 5-5). The City has adopted the MPCA's recommendations related to BMP's for commercial uses in the Mitigation Plan, Item 17 #3. The City will comply with MPCA requirements for salt storage included in the NPDES General Permit. The Vermillion River Watershed Management Plan (Draft-August 1999) and Groundwater Protection Plan do not identify specific cold water source locations to the Vermillion River and South Creek, other than general surficial ground water flows. If additional specific information is available on specific cold water source locations to the streams, we will add this information to the ADAR. Project NEMO is interested in working with the City of Farmington to provide assistance in developing an alternative site design for the first development project being planned Farmington Spruce Street AUAR- Responses to Comments 16 . . . for the northwest corner of the AUAR area...Information about this opportunity should also be added to the Mitigation Plan. Response: The City is aware of these resources and will listen to suggestions regarding site design in the AUAR area. Farmington Spruce Street AUAR- Responses to Comments 17 . . . Dakota Soil and Water Conservation District Page l--Item 8. Permits and Approvals Because the site drains to a trout stream, the National Pollutant Discharge Elimination Systems (NPDES) permit and Storm water Pollution Prevention Plan (SWPPP) must be submitted to the MPCA at least 30 days prior to initiating construction. Minnesota 7050 rules must also be complied with, which is now a specific requirement within the NPDES general permit for construction activities. Response: The City aware of and will comply with these requirements. Page l--Item 10. Cover TVlJes We support the City's efforts to protect a viable greenway corridor along the Vermillion River. Substantial buffers will not only provide a recreational opportunity, but also will also minimize runoff impacts and help mitigate temperature impacts. Response: Thank you for your comment. Page 1 and 2--Item 11. Fish. Wildlife and Ecologicallv Sensitive Resources Wetland associated with the Vermillion River have been identified a "Protect" under the City's Wetland Management Plan. We expect to work closely with the City during Wetland Conservation Act (WCA) permitting process if adverse wetland impacts are proposed. Please note that the A UAR process does not substitute for the mitigation sequencing requirements under WCA. Response: The City expects to work closely with the SWCD during WCA permitting processes on the site. The City does not anticipate adverse impacts to the wetlands on the site, and has adopted its Wetland Ordinance to provide a high degree of protection to these wetlands. The City is aware that the AUAR process does not substitute for the Mitigation sequencing requirements under WCA. The A UAR shows multiple roadway and pedestrian crossings through the Vermillion River and South Creek floodplains. The overall density of this site should be reduced to further reduce the number of crossings and alterations to these river corridors. Response: The City believes that the proposed crossings can be designed to avoid impacts to the Vermillion River and South Creek, and with minimal impacts to the floodplains that can be mitigated within the area. If requirements for avoidance or mitigation cannot be met, the City will reconsider the need to reduce the crossings in the AUAR area. The City has indicated that it will work with the natural resource agencies to discuss bridge design as it applies for permits for these facilities. Farmington Spruce Street AUAR- Responses to Comments 18 . Page 2-Item 16. Erosion and Sedimentation . We anticipate reviewing the temporary and permanent erosion control plans to final plat approvals and will provide appropriate comments at that time. . We lookforward to working with the City and developer to minimize off-site erosion and sedimentation impacts associated with construction activities. . Topsoil removal and compaction should be avoided in proposed infiltration areas. See additional comments below. . Protection of the proposed infiltration areas during construction will be critical to ensure their long-term success. Response: The City will work with the SWCD on the review of erosion control plans and erosion control during site construction. The City is aware of the need to avoid compaction and protect infiltration areas during construction to ensure success, and will work with the developer during construction to avoid compaction and protect infiltration areas. Page 2-Item 17. Surface Water Runoff . Insufficient documentation was provided to show how temperature changes to the Vermillion River from the proposed development would be mitigated. Reducing runoff sources, infiltration and on-site retention are all possible techniques to mitigate temperatures. We anticipate working with the City and other stakeholders during review of the preliminary grading plans to review adequacy of proposed temperature mitigation techniques. As mentioned, non-degradation standards set forth in Minnesota 7050 rules will need to be applied to this project. Response: The City met with natural resource agencies, including the MPCA, DNR, and Dakota SWCD on September 19,2003, to discuss the requirements and approach for the storm water analysis in the AUAR in light ofthe recently- adopted MPCA NPDES General Permit and its requirements for Special Waters. The City followed this meeting with correspondence and telephone conversations to clarify the requirements for the storm water analysis. The agencies recommended that the storm water analysis for the Spruce Street AUAR follow the same methodology as that used for the SeedlGenstar AUAR (September, 2003). The requirements for the AUAR included the following: 1. Adoption of the MPCA NPDES General Permit Standard for storm water volume control ("'Infiltration or evapotranspiration of runoff in excess of pre-project conditions up to the 2-year, 24-hour precipitation event. ") 2. Analysis of projected storm water flows, soils, and other conditions in the project area to determine the feasibility of meeting the required standard. . Farmington Spruce Street AUAR- Responses to Comments 19 . . . 3. Adoption of the BMP's for Special Waters included in the MPCA's General Permit, including Temperature Control BMP's. The analysis included in Section 17 ofthe Draft AUAR indicates that it should be feasible to meet the General Permit Standard for volume control in the AUAR area. The City has adopted the BMP's for Special Waters included in Appendix A of the General Permit in the AUAR Mitigation Plan. Based on the City's adoption of the standard and the BMP's the City believes that it has met the agency recommendations for analysis of storm water impacts to the stream, and adoption of methods to avoid these impacts, including temperature impacts. This same methodology, and adoption of the same controls, was included and accepted in the Seed Genstar AUAR (Draft, September, 2003; Final AUAR and Response to Comments, January, 2004.) We encourage runoff volume reduction practices to protect the Vermillion River Watershed and maintain natural hydrology to the extent possible. To accomplish this we suggest discussing storm water controls throughout the site to retain runoff rather than end-of-the-pipe infiltration. Open conveyance systems, bioretention, impervious area reduction and impervious area disconnection are just a few of the potential practices that can be implemented to reduce storm water runoff. If landscape features are designed to be multi-functional, stormwater can be distributed throughout the site with minimal reduction to the amount of developable land. Response: The City will work with the developer to explore all feasible options for storm water volume reduction in the project area. It is important to note that some larger infiltration basins may be an appropriate strategy to take advantage of soil areas on the site with high infiltration capacity. Topsoil removal and soil compaction are important factors that increased runoff. The impacts of compaction during grading should be considered and mitigation measures incorporated into the grading plans. To function property infiltration basins need to meet specific design criteria. The following are afew of the criteria that should be included in the design (6 criteria listed in comment letter)): Response: The City is aware of the importance of these factors and standard design criteria. Summary In summary, due to the amount of grading and resulting impervious surfaces that this development entails, strong mitigation measures will be needed to protect the Vermillion River and its cold-water fishery from the impacts. Discussions and documentation will be needed to protect the Vermilion River and its cold-water fishery from the impacts. Farmington Spruce Street AUAR- Responses to Comments 20 . . . Discussions and documentation will need to continue during preliminary and final grading plan approvals to show how this proposed development will not adversely impact water quality. Response: The City agrees with this comment, and will work with the SWCD and other agencies as the preliminary plan, final plans and construction moves forward to avoid and minimize impacts to the Vermillion River and South Creek. Farmington Spruce Street AUAR- Responses to Comments 21 . Dakota County Page 4 - Table 7.1 Table 7.1 in the AUAR indicates the total commercial area will have 1,590,072 square feet-an increase of 56. 3 percentfrom what was proposed in the 2003 Master Plan. Why does the proposed amount of commercial development exceed the amount recommended in the Master Plan? Response: The City has adopted the 2003 Master Plan as guidance for development of the AUAR. However, as the project design moves forward, some unforeseen changes may be made as the project is implemented. The City decided to use the maximum development levels allowed in its Comprehensive Plan as the basis for determining potential environmental impacts of development in the AUAR area as a "worst case scenario". At this time, the City expects that commercial area development will be at the level identified in the Master Plan. . Dakota County included the amount of potential development in the area based on the Farmington Comprehensive Plan in the County's 2025 Traffic Demand Model. However, the amount of development that is proposed in the A UAR was not included in the County's traffic demand model, and therefore the County's programmingfor roadway needs does not include all of the road improvements that may be needed to serve the full build out of the proposed development. Response: The City has adopted the 2003 Master Plan as guidance for development of the AUAR. However, as the project design moves forward, some unforeseen changes may be made as the project is implemented. The City decided to use the maximum development levels allowed in its Comprehensive Plan as the basis for determining potential environmental impacts of development in the AUAR area as a "worst case scenario". At this time, the City expects that development and resulting impacts will be at the level identified in the Master Plan. If changes are contemplated in the future that would increase traffic impacts, the City will discuss proposed changes and needs for roadway improvements with the County and other agencies. Page 6--General Comments The AUAR refers to SCAH 50 in thefirstfew pages of the document; then refers to "County Road 50" on subsequent pages. "CSAH" is the correct roadway name. Response: The roadway name will be corrected in the final document. . The A UAR should address what will happen to the County 's Farmington Transportation Facility. The County is willing to coordinate with the City on a plan and provisions to relocate thefacility and address the identified leaking underground storage tank(s) and hazardous wastes. Farmington Spruce Street AUAR- Responses to Comments 22 . . . Response: The City will work with the County on this issue, and will add an item indicating this in the Mitigation Plan. Page 6-Description The second sentence reads: The proposed extension of Pilot Knob Road and provision of an arterial roadway on the 220th Street-Ash Street alignment will be valuable in assuring access to the property. Issues related to a proposed arterial roadway and access to the property will need to be coordinated with the Dakota County Transportation Department. Response: Comment noted. The City will coordinate with the County on these Issues Page 6-Section 9. Land Use Past and present land uses have resulted in disposals of solid and hazardous wastes and the release of contaminants, which may impact public health safety and the environment. Many items in Section 20b reflect past and present land use and should be discussed here. Response: Section 20 indicates that while a number of problem sites have been identified in the AUAR area, investigations and cleanups have been completed and the MPCA has issued closure or "No Action Letters" on these sites. We will include an item in the Mitigation Plan to indicate that the City will work with the project developer to develop a contingency plan in case contaminated soil or groundwater are encountered during development ofthe site. The City will encourage the developer to complete further investigations in areas of past problems through soil borings or sampling as specific developments are proposed for these areas. The information on past contamination problems and the mitigation plan recommendations will be included in the Land Use section in the final AUAR. Page 6--Section 20. Solid Wastes. Hazardous Wastes; Storage Tanks A large part of the collected data in the A UAR comes from consulting services, and are not always up-to-date or checked for accuracy and completeness... The City or its consultant should contact local governments (cities and counties) to obtain more detailed information...New information is available on contaminant releases from Duo Plastics, 5119 West 21 ih Street, Farmington...Additional information may be obtained electronically from the County. Response: The City of Farmington contacted the Dakota County Office of Environmental Management in November 2003 and received information back Farmington Spruce Street AUAR- Responses to Comments 23 . from the County shortly thereafter (December 15,2003). Unfortunately, the information did not make it into the draft AUAR that was published. The information is summarized below and will be included in the final AUAR. Information received from the Environmental Management Office identified the Dakota County Highway Department facility as a LUST site and a hazardous waste generator site with current waste streams of used oil and parts washer solvent, and a past waste stream of lead acid batteries. It also identified the on- site Farmington Fire Station as a hazardous waste generator site with waste streams of used oil and oil filters. Two Northern Natural Gas Company gas pipelines were also identified by the Office of Environmental Management extending north-south through the eastern portion ofthe AUAR study area. . Information related to a release at Duo Plastics was not included in the information provided by the County. The City has obtained updated information from the County regarding this property. The property is adjacent to the AUAR study site, on the north side of County Road 50. The County has received information indicating that several incidents related to illegal disposals and releases have occurred at the property. Efforts to investigate these releases do not appear to have been initiated by the company. Therefore, information regarding the presence and extent of contamination at the property is unknown; similarly, the potential for off-site migration is also unknown. The City and the County will work together to address the situation as necessary. The City acknowledges that as indicated in the County's comment letter, "disposals and releases may be reported after the Phase I environmental site assessment is completed but before the AUAR is approved." However, at some point, research and assessment must end in order to leave time for preparation of the AUAR document as well as time for necessary reviews and approvals by City staff and government bodies prior to release of the document for public review. It should be noted that additional disposals and releases could also occur between the time of final AUAR approval and actual development plans for the site. In light of this reality, it seems prudent to revisit the issue of potential contamination during the site development process. Typically, a Phase I environmental site assessment (Phase I ESA) would be required by a lender in conjunction with a property transaction where some type of financial assistance (i.e.; loan) is being sought. The Phase I ESA would presumably identify any potential site contamination concerns that exist at that time, allowing the issue to be resolved prior to construction. Page 7-Section 21. Tratfic ...Dakota County included the amount of potential development in the area based on the Farmington 2020 Comprehensive Plan in the County's 2025 Traffic Demand Model. However, the amount of development that is proposed in the A UAR was not included in . the County's 2025 travel demand model. Therefore, the County's programming for Farmington Spruce Street AUAR- Responses to Comments 24 . roadway needs does not include all of the road improvements that may be needed to serve the full build-out of the proposed development. Response: The AUAR contains estimates of project-generated traffic at buildout which is assumed to be the year 2025. The traffic estimates illustrate a.m. and p.m. peak period volumes for which project traffic is assigned to the assumed access intersections. The AUAR presents a comprehensive picture of future year volumes and analysis of the ability of the existing and planned roadways to accommodate those volumes. The future volume estimates contained in the County East-West Corridor Study indicated 11,000 vehicles per day on future 220th Street and 2,000 vehicles per day on future Pilot Knob Road adjacent to the site. There were no volume projections for CSAH 50 or for Denmark Avenue in that study. The AUAR did utilize the projections available, and 2025 volume projections were included in the AU AR, which for planning purposes provides an adequate set of volumes for which to view the future needs. As the development occurs, over time, more traffic studies will need to be completed to determine if the needs stated in the AUAR are appropriate and the timing of provision of those needs will need to be addressed. . The A UAR refers to the west site boundary as an "assumed extension of Pilot Knob Road (CSAH 31)." As noted above, Dakota County has included the extension ofCSAH 31 south ofCSAH 50 in the draft Dakota County 2025 Transportation Plan, but the project is not included in the County's Capital Improvement Program at this time. Development will force large traffic volumes onto the existing roadway system. Therefore, roadway systems should be adequately constructed as development proceeds, to provide sufficient options for circulation and connections to, from, and through the area. The A UAR proposes many local road connections to the County system, but the connections are severed internally; (e.g., there is only one north/south roadway connectingfrom 22dh to CSAH 50). The internal north-south connections should be improved. We encourage the City to make a continuous north-south roadway connection east of the Pilot Knob Road extension, from CSAH 50 to 220th Street. This connection would provide good internal circulation within the area without forcing traffic onto a County arterial roadway for short distances. We recognize that roadways that cross the Vermillion River will create impacts to the watershed and these impacts will need to be mitigated. The proposed road system also depends heavily on quarter mile or shorter access points along CSAH 50 and the proposed extension ofCSAH 31 Pilot Knob Road. Some of the proposed access points from the site to existing and future county roads will not meet the County's access spacing requirements. Access spacing will need to meet County guidelines, as discussed in the Dakota County 2025 Transportation Plan. . Farmington Spruce Street AUAR- Responses to Comments 25 . . . Response: The comment is noted that the future facilities are not in the County CIP at this time. Roadway planning will need to be revisited as development continues to occur. The site planning provides for one continuous north-south roadway providing a connection from CSAH 50 to 220th Street. The City believes that the expense and environmental impacts of another river crossing and extensive wetland mitigation are not warranted, because the singular north-south connection is adequate to accommodate the traffic volumes that will be generated. The access for the site is located at present median openings along CSAH 50 which are serving streets and properties to the north. At the time that site planning was occurring, the county traffic engineer felt that the access shown was acceptable given the scale of the development proposal. The access to/from the extension of CSAH 31 is somewhat hindered by the presence of the wetlands areas. Only two access points are proposed to this future facility which has a projected volume of7,OOO vehicles per day in the year 2025. The access is necessary to serve properties on either side of the large wetlands area. There is some discrepancy in the A UAR in the reported traffic volume: pages 12 and 62 how an MDT of 42,885 vehicles, but page 59 shows 36,070 vehicles. The trip generation numbers in the AUAR are meant to be usedfor general plans. Thus it is difficult to connect these general land use descriptors to specific uses in the trip generation manuals for computing the trip generation volume. Also, the A UAR references the 1997 edition of the trip generation manual; the 1h edition 2003 trip generation manual is available. To understand the overall impacts and to make evaluations of peak-hour movements, the 2025 AADT's from the Dakota County 2025 Traffic Model and projected MDT for the development that is planned for the road system need to be shown. Response: The daily volumes on page 59 should be 42,885. The land uses in the AUAR did use trip generation rates in the ITE Trip Generation Report published in 1997. The rates used for the assumed land uses are illustrated below: Land Use Trip Rate Category . Medium Density Residential . High Density Residential . CommerciallRetail . Commercial Office . Business/Commercial - Residential Condo/Townhome - Low-rise Apartments - Shopping Center - General Office - Office Park The ih Edition of Trip Generation was not yet published when this study was conducted. The above-stated categories have been compared with regard to the 6th Farmington Spruce Street AUAR- Responses to Comments 26 . . . Edition rates and the 7th Edition rates contained in the Trip Generation reports. The following provides that comparison. ITE Trip Generation Rates Land Use ITE Code am pk hr pm pk hr Daily am pk hr pm pk hr Daily Medium Density 230 (per DU) Residential (TH) 0.44 0.54 5.86 0.44 0.52 5.86 Low Rise (Apt) 221 (per DU) 0.47 0.58 6.59 0.46 0.58 6.59 Commercial-Retail 820 1.03 3.74 42.92 1.03 3.75 42.94 (Shopping Center) (per 1,000 SFGLA) Commercial-Office (General Office) 710 (per SFGFA) 1.56 1.49 11.01 1.55 1.49 11.01 Business-Commercial (Office Park) 750 (per SFGF A) 1.74 1.50 11.42 1.74 1.50 11.42 The rates have changed very little with any differences not creating volume totals that would make any difference in the planning analyses. The AUAR provides a.m. and p.m. peak hour traffic planning estimates for the site adjacent intersections that were assumed for the analyses. Such estimates are used for help to determine the lane needs on the area roadways and intersections. The year 2025 daily volumes (ADT) generated by the assumed land uses are shown on the attached graphic labeled Figure R1. These volumes are then used to adjust the volumes shown in the Dakota County East-West Corridor Study. Both volume sets are shown on Figure R1. Also shown are the year 2025 total daily traffic estimates that were contained in the AUAR. These planning numbers indicate that the future roadways, existing and assumed, will be able to accommodate the 20 year estimates. The A UAR study area has two existing signals. The A UAR recommends 14 signalized intersections (one at each access for the development and the roadways bordering the development on each corner). This exceeds the number of intersections that Dakota County has planned for that area and is a serious concern for roadway operations. A plan for quarter mile signal spacing or closer will have serious impacts to the county system. We suggest that a better overall internal network is needed, to minimize the number of signals for county highway intersections with development access. A plan that has better Farmington Spruce Street AUAR- Responses to Comments 27 . . . internal traffic distribution and minimizes the need for signals for the County highway network will produce a better overall plan for safety and operation. Response: The AUAR does not recommend signalization of 14 intersections. The document suggests that signals be installed when/if signal warrants are met. This may not occur at some of the intersections. An analysis of 14 intersections, assuming signalized control, was conducted to determine intersection levels of service if signals were installed in the future. As development occurs, further study will need to be conducted to determine, at that time, what intersection controls are deemed necessary. The internal roadway plan has undergone many iterations. The present plan allows for good flexibility of movement and provides motorists with options as to ingress/egress from the site. Ifthe desire is to minimize access to/from county roadways, then internal circulation would be less effective. Access to county facilities will need permits from Dakota County at which time it can be expected that all circulation would be analyzed again. The City has noted the comment regarding dual left turn lanes for southbound CSAH 31 at CSAH 50. The future volumes indicate there may be a need for such improvement. Appropriate right-of-way should be obtained along future CSAH 31 extended to accommodate the potential for dual left turn lanes. Bulletfour reads: "The Pilot Knob Road segment, from CR (CSAH 50 tofuture 220th Street, should be a two-lane roadway with turn lanes at the access points." CSAH 31 (Pilot Knob Road) from CSAH 50 south to 220th Street (extended) is a four-lane divided roadway on the Dakota County Road Plat Review Needs map adopted April 7, 2003. This information should be reflected in the A UAR, and Figure 21-4, Figure 21-5, and Figure 21-7. We believe the figures should indicate that south bound (existing) CSAH 31 (Pilot Knob Road) will need future double left turn lanes. Response: Considering the volume projections for 2025, CSAH 31 could accommodate the volumes and two-lane section with appropriate turn lanes. It is noted that the county road plats review map provides that CSAH 31 should be a four-lane divided roadway. The City should ensure that appropriate right-of-way be obtained from the developer to accommodate a four lane, divided roadway. This should also be considered for 220th Street for the future east-west corridor. Page 8 - Section 24. Dust. Odors. Noise The AUAR indicates that one potential strategy is to "buffer the areas between the residences and the road ways with vegetation." We suggest 1 00 feet of dense coniferous vegetation. Response: The comment will be added to the AUAR. An alternative may be Farmington Spruce Street AUAR- Responses to Comments 28 . buffers that includes earth berms and vegetation. Page 8-Mitigation Plan Section 21. Traffic The access to the site should be built as needed according to development schedules. We suggest adding the word "driven" between "development" and "schedules". Response: - Comment noted and access to the site will certainly only be required as needed according to development driven schedules. Bullet 4. CSAH 31 (Pilot Knob Road), from CSAH 50 south to 22dh Street (extended) is a four-land divided roadway on the Dakota County Road Plat Review Needs map adopted April 7, 2003. This information should be reflected in the A UAR. When land adjacent to a County road is platted, a 150-foot right of way is required, and full movement public street intersections must be no closer than one-quarter mile apart (1,320 feet). The Urban Concept Design Plan (Figure 5.6) appears to indicate a proposed east-west local street that intersects with the extended Pilot Knob Road south of the Vermillion River. The location of this proposed intersection is approximately 1,000 feet from 20dh Street, which is less than the one-quarter mile spacing requirement. As proposed, the location of this proposed intersection does not meet the county's roadway access spacing standards and the design should be changed. . Response: Right-of-way needs are noted and needs to be acquired from developer as development plans application is made. As previously responded to, the location of the large wetlands area may make it difficult and costly to achieve absolute one-quarter mile spacing to/from CSAH 31. Attempt to decrease impacts to the wetlands may require one-quarter mile spacing to be relaxed in order that a needed access is provided. Again, this will be reviewed as access is requested for a development plan. Bullet 5. The AUAR shows 22dh Street as afour-lane divided roadway on the Plat Review Needs map, which indicates that a 150-foot right-of-way is required. Again, the Urban concept Design Plan appear to indicate that the intersections of all three of the north-south interior access streets are less than the required on-quarter mile spacing. The locations of these proposed intersections do not meet the county's access spacing standards and the design should be changed. Response: The distance along 220th Street from CSAH 31 extended to Denmark Avenue is one mile. One-quarter mile spacing should be feasible. The natural area adjacent to the central access may cause that access to be slightly less than one quarter mile. . Bullets 7 & 8. We strongly support these prudent provisions for transportation alternative, including a transit center and pedestrian trails when the development occurs. Farmington Spruce Street AUAR- Responses to Comments 29 . . . While Farmington is not currently in the transit taxing district and therefore opportunities for transit service are limited, provision for future opportunities is recommended. Response: Comment noted. Farmington Spruce Street AUAR- Responses to Comments 30 . . . Minnesota Pollution Control Agency Page 1. General Observations " ... the A UAR would greatly benefit from some form of adaptive or holistic environmental management strategy during the implementation of the project... " Response: The City will work with environmental agencies to discuss current monitoring on the Vermillion River, and how these activities may be used or expanded to monitor the effects of development in the AUAR area on the River and its resources. Page 2. Cover Tvpes The City should include the MPCA as one of the agencies consulted to develop the stormwater mitigation plan for this project. Please contact Todd Smith of the MPCA, St. Paul office, regarding the development of the stormwater pollution prevention plan for these projects. Response: Thank you. The City will contact Todd Smith regarding the stormwater mitigation plan. Page 2. Vermillion River and Trout Stream Issues ... The MPCA would like to see a plan or effort that includes temperature monitoring in the AUAR... Response: The City will discuss current monitoring efforts on the river with the natural resource agencies to determine if current monitoring includes temperature monitoring. The City will work with the natural resources agencies to build on existing monitoring as needed to monitor impacts of development in the AUAR areas. The stormwater infiltration analysis conducted as part of this project will likely prove to be very useful as you begin construction and development. The overall stormwater strategy, including the regulatory oversite and objectives, illustrated in the draft AUAR appears to be a functional mitigation measure. As you proceed with the project, please make certain that the MPCA is involved in the plan review process. Response: Thank you for the comment and MPCA involvement in shaping the stormwater analysis to date. The City will keep the MPCA involved as the plan is refined and implemented. Farmington Spruce Street AUAR- Responses to Comments 31 . . . Page 2. Question 18-Water Quality/Wastewaters The AUAR states that the (wastewater)flows are in accordance with the City's 1996 Comprehensive Plan, however, there is no discussion of the actual flows. It is not easy to determine how many homes, businesses or industry will be serviced by the Wastewater Treatment Facility. An itemization of the sources and estimated average daily flow should be included in the A UAR. The A UAR does state that the collection system and WWTF downstream have capacity. Does the Empire WWTF have allocated capacity for the total anticipated flow from this area? There is available capacity now, but there may also befuture expansions at Empire that are anticipated between now and the time this area is fully developed to allow for full development. Response: We will include data related to sources and estimated average daily flow in the final AUAR. The Empire WWTP will have the capacity needed to handle the anticipated flows from this area. Page 3. Question 24-Noise Refer to Minnesota Rules 7030.0050 regarding exceptions to noise area classifications, and Minn. R. 116.07, subd.2a. Please review the noise information provided in the draft A UAR in light of these comments. Response: Thank you for the corrected references. We will correct the Draft AUAR as indicated. Page 4, Question 29-Related Developments-Cumulative Impact Issues ...the AUAR should include a specific discussion of the potential cumulative impacts from each of the proposed development scenarios in order to aid decision makers in determining the effectiveness of the mitigation plan. Whether this discussion is addressed under this specific heading or incrementally throughout the document is the choice of the City; however the topic should be clearly identified and discussed within the document rather than inferred within each of the environmental media anlaysis covered under your A UAR review. Response: The City is proposing only one scenario in this AUAR. It is described under Question 6, and shown in Figures 5-4, 5-5, and 5-6. The impacts of the proposed scenario are described under each of the topic questions. Question 29 notes specifically that "this item does not require a response for an AUAR since the entire AUAR process deals with cumulative impacts from related developments within the AUAR area." Farmington Spruce Street AUAR- Responses to Comments 32 . . . Page 4. Revising the AUAR ... The AUAR should include language that describes the revision process of the document in terms of Minnesota Rules 4410.3610 subp. 7 A through H. Response: The City understands that there are circumstances in which the AUAR may need to be revised in the future, as detailed in Minnesota Rule 4410.3610, subp. 7 A-H. The AUAR would need to be revised, for example, if the proposed development is expanded, and the impacts would exceed those analyzed in the AUAR. The city will reference this rule in the Mitigation Plan ofthe Final AUAR Farmington Spruce Street AUAR- Responses to Comments 33 . . . Vermillion River Watershed Comments Page 1. Number 1. The quality of the proposed vegetative buffers is important in order to optimize the water quality and habitat benefits. Native vegetation typically offers the most long-term benefits (and is also often the most cost effective approach). Therefore, buffer establishment using native species is recommended whenever possible. Response: The City's wetland ordinance requires the use of native vegetation in wetland buffer establishment. Page 1. Number 2. The river crossings could be minimized by consideration of combined crossings for traffic and pedestrian/bike paths. The crossing designs will also be critical to maintaining stream integrity. Response: The City is working with the natural resource agencies on the design of proposed crossings. The City anticipates that the bridges can be designed to avoid all impacts to the streams. There may be minor impacts to the floodplain, which can be mitigated in or near the AUAR area. The City is committed to designing crossings that avoid or minimize the impacts to the streams and their floodplains. Farmington Spruce Street AUAR- Responses to Comments 34 . Friends of the Mississippi River Page 1. Our primary concern related to the Spruce Street Extension is in protecting the excellent cold-water fishery and trout population found in the Vermillion River... Friends of the Mississippi River encourages the City of Farmington and the developer to work with us to develop an alternative concept design that integrates water resource protection in a more effective manner. We propose that this be done at little or no cost to the City or developer by the use of Low Impact Development Initiative funds from the Dakota County Soil and Water Conservation District or the Project NEMO Design Team. Response: No concept design for storm water management has been completed for the site to date. The AUAR analysis indicates that techniques can be used on the site to meet the MPCA' s requirements for storm water management to protect the trout stream. The City will work with the developer in the development of a storm water plan to meet state requirements and protect the Vermillion River and South Creek. The City is aware of the SWCD and NEMO initiatives, and will seek assistance as appropriate. . . Farmington Spruce Street AUAR- Responses to Comments 35 . . . Northern Natural Gas Page 1. Paragraoh 3 It is Northern's current position not to allow nor approve any grade changes or anything of a permanent nature to be placed on the surface within its easement. Accordingly, Northern would oppose any of the proposed improvements shown on the above plan Response: The City has met with representatives of Northern Natural Gas regarding their concerns. This paragraph is in reference to the proposal that park facilities be located on the gas line easement only. The City acknowledges that park facilities and permanent structures will not be allowed on the gas easement. The City will need to cross the easement with roadways similar to many other situations throughout the City. Northern agrees that perpendicular crossings of the easement by roadways and utilities are permissible when the design meets the needs of the gas company to be able to provide safe service. The City will work with Northern Natural Gas to resolve issues related with roadway and utility crossmgs. Farmington Spruce Street AUAR- Responses to Comments 36 . Attachments Comment letters Not included in copy for Planning Commission Review, but will be included in Final AUAR mailed to agencies: Revised Mitigation Plan Revised AUAR analyses Revised figures . . Farmington Spruce Street AUAR- Responses to Comments 37 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission ,tfc/ FROM: Lee Smick, AICP City Planner SUBJECT: Future Public Hearing Notices DATE: June 8, 2004 INTRODUCTION On May 24th, staff e-mailed 5 public hearing notices to the Independent in order to be published for the May 27th newspaper. However, the Independent failed to include the notices in that addition of the paper, and therefore per the City Attorney's opinion, the public hearing notices need to be republished for the July 11th Planning Commission meeting. In order for the Commission to prepare for the 5 public hearings in July, staff briefly describes the issues below. . DISCUSSION Variances - Staff proposes to amend Section 10-3-5 (C) of the City Code concerning Variances. The proposed Code revision would require that all of the requirements listed under Section 10-3-5 (C) of the Code would need to meet the variance regulations rather than any of the listed requirements. Commercial Vehicle Parking - Staff proposes to amend section 10-6-4 of the zoning code to include regulations regarding commercial vehicle parking on private property in residential districts. The City would like to determine which types of commercial vehicles are appropriate on private property in residential districts. Floodplain Management - Staff proposes to amend section 10-5-23 and 10-2-1 of the City Code related to floodplain management. According to the DNR, the City of Farmington is doing a good job of managing its Floodplain Management Ordinance. The DNR has, however, recommended minor changes to the Ordinance in order to make it apply to recently annexed areas. Delete Multi-Family Text from R-2 Zoning District - Staff proposes to amend the Zoning . Ordinance concerning the deletion of the multi-family text in the rear yard setback requirement in Section 10-5-7 (B). Multi-family is not an allowable use in the R-2 Zoning District and the text is a typographical error. Include Mixed-Use Building as Conditional Use in B-2 Zoning District - Staff proposes to amend the Zoning Ordinance in Section 10-5-14 (C) subd. 2 to include the text for Mixed-Use Building as a conditional use in the B-2 Downtown Business District. Staff also proposes to include a definition of Mixed-Use Building in Section 10-2 -1 of the Zoning Code. . RECOMMENDED ACTION ;;It::6 Respectfully Submitted, Lee Smick, AICP City Planner . .