(a) An AUAR may be used as an alternative review document to review the anticipated cumulative environmental effects of residential, commercial, and industrial development and associated infrastructure in a particular area following the guidelines in Minnesota Rules 4410.3610.
(b) Preparation. The City Council will adopt a resolution ordering review that specifies the geographic boundaries of the study area where the AUAR will apply and specifies the anticipated nature, location, and intensity of development and associated infrastructure within those boundaries.
(c) The city is responsible for preparing an AUAR and/or subsequent updates and/or selecting the consultant(s) to prepare needed technical studies and related work. All AUARs must be prepared and reviewed under the direction of the Community Development Director according to the procedures and requirements of Minnesota Rules 4410.3610.
(d) The final AUAR or subsequent updates must be adopted in accordance with Minnesota Rules 4410.3610. The City Council will make a determination of the AUAR adequacy via resolution and submit evidence of adoption of the AUAR and mitigation plan to the EQB staff and all agencies that requested notification.
(e) The mitigation plan, developed as part of the AUAR, must be adopted through (e) above. If any projects and associated infrastructure within the defined geographic area of the AUAR exceed the impacts assumed in the AUAR or do not comply with the plan for mitigation, the environmental review document and mitigation plan must be updated to be consistent with the project.
(f) Upon adoption of the AUAR and mitigation plan, residential, commercial, warehouse, and light industrial projects and associated infrastructure located within the study area that are consistent with the assumptions in the AUAR and comply with the mitigation plan are exempt from review under Minnesota Rules parts 4410.1100, 4410.1200 through 4410.1700, and 4410.2100 through 4410.2800.
(g) Update circumstances. In accordance with Minnesota Rules 4410.3610, subd. 7, to remain valid as a substitute form of environmental review, the AUAR and mitigation plan must be updated every five (5) years until all the development in the study area has been approved, or if any of the following circumstances apply:
(1) A comprehensive plan amendment is proposed that would allow an increase in development over the levels assumed in the AUAR.
(2) Total development within the area would exceed the maximum levels assumed in the AUAR.
(3) Development within any subarea delineated in the AUAR would exceed the maximum levels assumed for that subarea.
(4) A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment.
(5) Development or construction of public facilities will occur on a schedule other than that assumed in the AUAR and Mitigation Plan so as to substantially increase the likelihood or magnitude of potential adverse environmental impacts or to substantially postpone the implementation of identified mitigation measures.
(6) New information demonstrates that important assumptions or background conditions used in the analysis presented in the environmental analysis document are substantially in error and that environmental impacts have consequently been substantially underestimated.
(7) The city determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts.
(h) Payment procedures.
(1) Alternative Environmental Review in South Loop. The applicant for a permit or development application located in the area covered by the South Loop Alternative Urban Areawide Review (AUAR) is required to pay a fee to assist in covering the costs of preparation and review of studies or completion of work contributing to or directly related to potential development impacts in the AUAR study area as described herein.
(A) AUAR updates may involve completion of various technical studies to identify and mitigate the impacts of forecast development. Technical studies may be prepared in conjunction with an AUAR update or during the interim period between required updates. Technical studies and other work may include assessments of traffic, utilities, environmental hazards, natural and cultural resources, air quality, noise, or other studies undertaken by the city itself or by outside consultant services under direction of the city.
(B) In order to defray costs incurred by the city in the preparation and review of an AUAR, AUAR Update, or South Loop technical study, a fee will be collected with any building permit for development proposals located within the boundaries of an AUAR study area where the proposed project adds at least 5,000 square feet of new floor area.
(C) The amount of the fee is 65% of the building permit fee for the project calculated in accordance with § 15.183 of this code.
(D) Fees will be placed in a Special Revenue Fund to be used for such technical studies and related work.
(Ord. 2021-26, passed 8-30-2021)