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City of Elk River <br />City Council <br />Resolution 23-13 <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 approximately 433 single-family homes and 180 multi -family homes along with the <br />required infrastructure such as roads, utilities, sidewalks, trails, and stormwater <br />ponds ("Project"); and <br />WHEREAS, the Project falls within the mandatory environmental assessment worksheet <br />("EAW") category of Minn. Rules part 4410.4300, Subd. 19 D; and <br />WHEREAS, the City of Elk River is the Responsible Governmental Unit ("RGU"); and <br />WHEREAS, an EAW was prepared by ISG, on behalf of the Applicant, who submitted <br />completed data portions of the EAW to the City of Elk River consistent with Minn. Rules <br />Part 4410.1400; and <br />WHEREAS, the City of Elk River submitted a copy of the EAW to all public agencies on <br />the EAW distribution list and published the EAW availability in the EQB Monitor on <br />December 13, 2022, in accordance with applicable state laws, rules, and regulations; and <br />WHEREAS, the EAW comment period lasted from December 13, 2022, to January 12, <br />2023, and regulatory 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 Army Corps of Engineers; and <br />WHEREAS, City staff reviewed the proposed Record of Decision and finds it to be <br />consistent with the evidence submitted to the city and the applicable statutes and regulations, <br />to the best of their knowledge, and recommends the City Council approve the Findings of <br />Fact and Record of Decision dated March 16, 2023, and determine that no environmental <br />impact statement ("EIS") is necessary, reasonable or warranted with respect to the project <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 required with respect to the Project ("Negative Declaration"). <br />r0 1 1 R [ I 11 <br />ATUR <br />