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Ci_y �I <br />E1k - <br />River ~ <br />City of Elk River <br />City Council <br />Resolution 23- <br />A Resolution of the City Council of the City of Elk River Approving Record of <br />Decision and the Negative Declaration of Need for an Environmental Impact <br />Statement for the Foster Property Development <br />WHEREAS, Lennar ("Applicant") proposes to develop a residential subdivision that <br />includes appro�mately 433 single-family homes and 180 multi-familyT homes along �uith the <br />required infrastructure such as roads, utilities, side`valks, trails, and stormwater <br />ponds("PYoject"); and <br />WHEREAS, the PYoject falls within the mandatory environmental assessment woYksheet <br />("EAW") categoryr of iVlinn. Rules paYt 4410.4300, Subd. 19 D; and <br />WHEREAS, the City of Elk River is the Responsible Governmental Unit ("RGU"); and <br />WHEREAS, an EAW `vas prepared byT ISG, on behalf of the Applicant, `vho submitted <br />completed data poYtions of the EAW to the Cityr of Elk RiveY consistent with l��inn. Rules <br />PaYt 4410.1400; and <br />WHEREAS, the Cit�T of Elk River submitted a copyT of the EAW to all public agencies on <br />the EAW distribution list and published the EAW availabilityT in the EQB Monitor on <br />DecembeY 13, 2022, in accordance with applicable state laws, rules, and regulations; and <br />WHEREAS, the EAW comment period lasted from December 13, 2022, to Januar�r 12, <br />2023, and regulatoryT agencies submitted written comments during the comment period; and <br />WHEREAS, the City of Elk River acknowledges the comments received from Minnesota <br />Department of Natural Resources, Minnesota Department of Transportation, Minnesota <br />State Historic Preservation Office, and ArmyT Corps of Engineers; and <br />WHEREAS, CityT staff revie�ved the proposed Record of Decision and finds it to be <br />consistent with the evidence submitted to the cit�T and the applicable statutes and regulations, <br />to the best of their knowledge, and recommends the Cit�T Council approve the Findings of <br />Fact and Record of Decision dated MaYch 16, 2023, and deteYmine that no environmental <br />impact statement ("EIS") is necessar�r, Yeasonable oY warYanted with Yespect to the pYoject <br />under the circumstances; and <br />WHEREAS, the City Council desires to make findings of fact and a record of decision <br />that no EIS is Yequired with Yespect to the PYoject ("Negative DeclaYation"). <br />rowER�o �r <br />������ <br />