Review Concept Plan and Mandatory Environmental Review for Pearson Farm Residential Development

The City has received a Concept Plan for a potential future residential development currently named Pearson Farm.  Should this project move forward, it could result in approximately 350 new housing units.  Due to the scale and size of the project, it will be subject to an Environmental Assessment Worksheet (EAW).  Thus, Staff thought it would be beneficial to update the Board on this project and provide some background materials on the EAW process to the EPB in advance of a formal application.  The purpose of this case is to introduce the Board to the EAW process and to provide some background materials that may be useful for the Board in advance of a formal application related to this conceptual project.

Major developments can potentially have significant environmental impacts.  As such, in 1973, the State adopted legislation that outlined thresholds for when mandatory environmental review would be required.  An EAW is the first step to determine whether a proposed development project requires a more in depth analysis of possible environmental impacts, known as an Environmental Impact Statement (EIS).  An EAW lays out the basic facts of a proposed project and can be used to identify potential environmental impacts and opportunities/alternatives to reduce and/or avoid those impacts while still accomplishing the project.  A number of project types could trigger the need for an EAW.  In this instance, the mandatory EAW is triggered due to the combined number of attached and unattached units (236 and 98 respectively).  

The City typically serves as the Responsible Governmental Unit (RGU) for a mandatory EAW.  While the developer's team is responsible for initial preparation of the EAW, the RGU is ultimately responsible for the contents of the document and for any errors or appeals. Thus, the developer submits the EAW to the RGU for review to determine completeness and incorporation of any additional information if necessary.  

Once the EAW is deemed complete, the RGU submits the EAW to the Minnesota Environmental Quality Board (EQB).  The remaining steps include publishing in the EQB Monitor, a public comment period (30 days), responding to comments and revisions to EAW if necessary.  At that time, the RGU must make a determination as to whether an EIS will be required or not.  At a minimum, the EAW process can take 3-4 months and until this process is complete, the RGU should not grant any land use approvals related to the project (even if it were to be contingent on the outcome of the EAW).    

Due to the complexity of this review process, and the significant timeframe needed to complete an EAW, Staff wanted to provide the Board an opportunity to ask questions and/or identify any specific items that it feels should be addressed by the EAW. 

This case is being handled as part of Staff's regular duties.

No specific action is needed.  However, Staff wanted to take this opportunity to also inform the Board of an opportunity to serve on the EQB's Environmental Review Advisory Panel.  More information about this Panel is attached to this case as well.