2014-06-24 Planning Comm Agenda Packet
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSIONAGENDA
June 24, 2014 – 7:00 p.m.
Mendota Heights City Hall
1.Call to Order
2.Roll Call
3.Adopt Agenda
4.Approve May 27, 2014Planning Commission Minutes
5.Public Hearings(7:00 p.m. or shortly thereafter):
a.Case No. 2014-13: Ken and Mary Kay Noack. Lot Split, Variancesand
th
Wetlands Permit at 677 4Avenue.
b.Case No. 2014-17: Ned Rukavina and Leslie Pilgrim. Front and Side Yard
Setback Variance Requests at 1704 Vicki Lane.
6.Mississippi River Corridor Critical Area – DRAFT Rules Update
7. Verbal Review
8.Staff Annoucements
9.Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours
in advance. If a notice of less than 120 hours is received, the City of Mendota Heights
will make every attempt to provide the aids, however, this may not be possible on short
notice. Please contact City Hallat 651.452.1850 with requests.
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1CITY OF MENDOTA HEIGHTS
2DAKOTA COUNTY, MINNESOTA
3
4PLANNING COMMISSON MINUTES
5May 27, 2014
6
7The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 27,
82014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
9
10The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael
11Noonan, Doug Hennes, Robin Hennesey, Mary Magnuson, and Ansis Viksnins. Those absent:
12Commissioner Howard Roston.Others present were City Planner Nolan Wall, Public Works
13Director/City Engineer John Mazzitello, Consultant Planner Phil Carlson, and City Attorney
14Andrew Pratt.
15
Approval of Agenda
16
17
18The agenda was approved as revised.
19
Approval of April 22, 2014 Minutes
20
21
22COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONERVIKSNINS, TO
23APPROVE THE MINUTES OF APRIL 22, 2014, AS PRESENTED.
24
25AYES: 6
26NAYS: 0
27ABSENT: 1
28
Hearings
29
30
31PLANNING CASE #2014-16
32SAC Wireless on behalf of the Ridge South Condominium Association
331860 Eagle Ridge Drive
34Conditional Use Permit and Variance for a wireless antenna facility
35
36City Planner Nolan Wallexplained that SAC Wireless has applied, on behalf AT&T and the Ridge
37South Condominium Association for a Conditional Use Permit(CUP)for a wireless antenna
38facility and a variance for an accessory structure.
39
40Planner Wall shared an image of the proposed property and explained that the subject parcel is
41approximately 2.7 acres, contains a multi-family dwelling complex, is zoned R-3, and guided for
42high density residential use on the comprehensive plan. The applicant is proposing to construct a
43wireless antenna facility on the west side of the roof and an accessory structure south of the east
44parking lot.
45
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 1
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46T-Mobile currently maintains an additional wireless antenna facility on the east side of the building
47and an accessory structure in a similar location.
48
49The proposed wireless antenna structure would consist of three antennas, six RRH units mounted
50on a 10-foot tall tower on top of a four foot, eight inch tall elevator penthouse that is on top of the
51existing building. It would also include associated fiber cable trays.
52
53Planner Wall then reviewed the purpose of the City Code pertaining to wireless antennas, towers,
54and accessory structures being allowed by a CUP. He also reviewed the criteria that would need
55to be met and evaluated for a CUP request for this type of facility; and he explained the need for
56and requirements of the variance request for the accessory structure.
57
58Staff recommended approval of this Conditional Use Permit and Variance request.
59
60Commissioners asked questions regarding a possible location or stand-alone tower if this request
61were to be denied, how the ‘non-economic consideration’ criteria can be met given that the
62condominium association is presumably being compensated, and if a variance had been approved
63for the existing accessory structure.
64
65Chair Field asked the applicant to come forward and address some of the questions asked by the
66Commissioners and provide additional information, if any.
67
68Chair Field opened the public hearing.
69
70Seeing no one coming forward wishing to speak, Chair Fieldasked for a motion to close the public
71hearing.
72
73COMMISSIONER VIKSNINSMOVED, SECONDED BY COMMISSIONER NOONAN, TO
74CLOSE THE PUBLIC HEARING.
75
76AYES: 6
77NAYS: 0
78ABSENT: 1
79
80COMMISSIONER VIKSNINSMOVED, SECONDED BY COMMISSIONER HENNESTO
81RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT REQUEST FOR BUILDING-
82MOUNTED WIRELESS ANTENNA FACILITY AND VARIANCE REQUEST FOR
83ACCESSORY STRUCTURE BASED ON THE FOLLOWING FINDINGS OF FACT
841.The proposed project is consistent with the conditional use permit requirements allowing
85such facilities.
862.The proposed project will not negatively affect the public health, safety and general welfare
87of the community.
883.Installing a new wireless antenna facility on an existing structureis a preferred means of
89co-location.
904.The proposed accessory structure is necessary to securely contain the wireless antenna
91facility's equipment.
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 2
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925.The proposed accessory structure meets the applicable setback and height requirements,
93will be screened from the parking lot, ground -floor units, and surrounding properties and
94be constructed to match the condominium building.
95AND WITH THE FOLLOWING CONDITIONS:
961.A building permit must be obtained prior to construction and installation of the wireless
97antenna facility.
982.The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined
99in the Staff report.
1003.The applicant shall enter into an agreement with the Ridge South Condominium
101Association and provide a copy to the City.
1024.The proposed wireless antenna structure is painted to match the existing roof -top structure
103and the condominium building's brick exterior.
1045.The proposed accessory structure is constructed with a brick exterior that matches the
105condominium building.
106
107AYES: 6
108NAYS: 0
109ABSENT: 1
110
111Chair Field advised the City Council would consider this application at its June 3, 2014 meeting.
112
113PLANNING CASE #2014-13
114Ken and Mary Kay Noack
th
115677 – 4 Avenue
116Lot Split, Variance and Wetlands Permit
117
118City Planner Nolan Wall stated that the applicant requested a lot split, a variance, and a wetlands
119permit. The subject parcel is 1.19 acres and contains a single family dwelling with an attached
120garage and a 1,064 square foot detached garage. In addition, there is an accessory structure that is
121currently being used as a shed, which would be demolished in the future if any subdivision requests
122were approved. The property is zoned R-1 and guided for low density residential use in the
123comprehensive plan. If approved, the applicant intends to construct a new single family home on
124the newly created parcel.
125
126Planner Wall provided background by explaining that the subject parcel was formerly two parcels
127consisting of two single family dwellings. The lots were combined to facilitate demolition of that
128home on the original easterly lot in 2010. That was done so as to not create nonconformity with an
129accessory structure present on a parcel without a principal building. It is the applicant’s desire to
130maintain the existing detached garage on the subject parcel, which exceeds the newly adopted
131allowable square footage based on the lot size requirements. Therefore a variance to remain on the
132subject parcel is required if a subdivision were to be approved in the future.
133
134In addition, the subject parcel is within 100 feet of a wetland or water resourced related area. If
135approval for a subdivision and variance request is granted, a wetlands permit would be required
136for construction of a new dwelling on the parcel. Therefore, the applicant was encouraged to
137submit the request as part of the application submittal for consideration.
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 3
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138Lot Split Request
139Planner Wall shared an image of the parcel survey included in the application. The subdivision
140would create two lots; the subject parcel would be reduced from 1.19acres to 36,766 square feet.
141The newly created parcel would be approximately 15,055 square feet. Both parcels would meet
142the R-1 lot size and setback standards.
143
144Planner Wall then shared the subdivision ordinance requirements. He also explained that, based
145on the proposed subdivision application, it is staff’s interpretation that the proposed shared lot line
146is noncompliant with the code requirements. The applicant can seek input from the Planning
147Commission on alternative lot configurations that would not create noncompliant side lot lines.
148Staff included three applications for consideration and discussion with the applicant.
149
150Planner Wall reviewed the details of thethree alternative applications. He noted that although not
151included as an option in the staff report, demolition of the existing detached garage is an option
152that the applicant will not consider.
153
154Staff recommended denial of the proposed subdivision and encouraged the applicant to pursue
155other alternatives as outlined in the report or suggested by the Planning Commission.
156
157Variance Request
158Ordinance 454 was passed in January 2014 and that amended the code to allow detached and
159attached private garages for residential properties in compliance with various size requirements.
160The existing dwelling on the 1.19 acre parcel does contain a 1,064 square foot detached garage,
161which is a legal nonconforming structure due to the subject parcel not exceeding 1.5 acres. The
162code does allow for normal maintenance of a nonconforming structure without increasing the
163nonconformity; however, as a result of this subdivision request the number and size of accessory
164structures must conform to the corresponding zoning standards. Therefore, any subdivision of the
165subject parcel pursued by the applicant would require a variance for the existing detached garage
166to be located on either parcel.
167
168Planner Wall reviewed the standards to be met for a variance request.
169
170Based on the recommendation regarding the proposed subdivision, staff recommended that the
171variance request be withdrawn and included as part of a future subdivision request.
172
173Wetlands Permit
174Planner Wall explained that if the proposed request or subsequent requests are permitted, a
175wetlands permit would be required prior to construction of a new dwelling. Staff recommended
176that the applicant package the application requests in order to avoid future planning approvals that
177would be necessary.
178
179The parcel is located approximately 60 feet from the wetland area and is also separated by Fourth
180Avenue. Staff supports the wetlands permit request as included and in future applications
181pertaining to a subdivision request. However, based on the staff recommendations regarding the
182proposed subdivision, staff recommended that this wetlands permit be withdrawn and included as
183part of future subdivision request.
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 4
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184Mr. Ken Noack came forward to address the Commission and explained the purpose for his request
185as being twofold:
1861.To preserve some family history as his son and grandson would be the owners of the newly
187created lot
1882.To create another taxable property for Mendota Heights
189
190Commissioners asked questions regarding the applicants’ willingness to revise the lot lines and
191therefore, have a narrower lot. Based on the applicants’ confirmation the Commission then had a
192discussion with staff on how to proceed.
193
194Based on discussion and suggestions, the applicant requested this application be laid over to the
195next Planning Commission meeting to allow him to work with staff to modify the request.
196
197Chair Field opened the public hearing.
198
199Ms. Elisha Lopez, 1505 Somerset Court, expressed her concern that the proposed new lot has been
200vacant and it has a wonderful green space and appeal in the neighborhood. It sits in the middle of
201the block and to put a house there would be awkward looking. She also expressed her concern that,
202depending on where the new home would be located, it could be practically in her backyard and
203would not align with the rest of the neighborhood on Fourth Avenue.
204
205COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON TO
206KEEP THE PUBLIC HEARING OPEN AND THAT THE APPLICATION BE LAID OVER TO
207THE JUNE 24, 2014 PLANNING COMMISSION MEETING.
208
209AYES: 6
210NAYS: 0
211ABSENT: 1
212
213PLANNING CASE #2014-14
214Michael and Michelle Bader
2151673 Delaware Avenue and Lot 3 of the Foxwood Plat
216Concept Planned Unit Development Plan
217
218Consultant Planner Phil Carlson of Stantec explained that this application is for a concept planned
219unit development (PUD) review for the property at 1673 Delaware Avenue, a 10-acre parcel with
220an existing home; and Lot 3, a 2.5-acre parcel located to the north.
221
222Mr. Carlson continued by stating that the original application was for a PUD; however, City Code
223appears to not consider this kind of case for a PUD. He then described the reasons for that by
224giving the criteria for a PUD, of which this request does not meet. Discussion was had with the
225City Attorney who agreed that this application would not fit the City’s code as the code, when
226developed, did not envision standard single family lots as a PUD. However, Stantec believes there
227are design issues or perhaps other issues that are pertinent and the applicant, Mr. Bader has applied
228in good faith for the Concept Review.
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 5
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229Mr. Carlson asked that the Commission focus on the issues of how one would subdivide this land
230in some reasonable way and what would be the design principles that may come to bear.
231
232Mr. Carlson then shared images of the subject parcel in its existing condition and the two options
233the applicants are proposing.
234
235Commissioners asked questionsregarding the options as presented, the limit to the length of a cul-
236de-sac and when that was adopted, the right-of-way of Foxwood being 50 feet rather than the
237standard 60 feet, and exactly what the Commission is being asked to do.
238
239City Attorney Andrew Pratt described the role of the Planning Commission in this matter. He
240explained that there is a helpful section in City Code that deals with Concept Reviews of PUD
241\[Section 12-1K-6C\] which describes this as a preliminary, non-binding action that would result in
242discussion, potential recommendation to the City Council but not a requirement, or propose ways
243to move forward to the applicant as this was a good-faith proposal.
244
245Additional discussions and questions were had by the Commissioners.
246
247Mr. Michael Bader came forward to address the Commission and to answer questions. He stated
248his intention in purchasing the Foxwood lot was to extend the cul-de-sac to access his property
249and summarized his previous requests, including why he applied for a Concept PUD Plan. He
250further stated his intentions to discuss development options with surrounding property owners and
251his preference to extend the cul-de-sac from Wentworth Avenue and build on the Foxwood lot in
252the future.
253
254Chair Field opened the public hearing.
255
256Ms. Lisa Gray, 540 Wentworth sent a representative as she was unable to attend. Her representative
257read a brief statement referencing her past expressed concerns and noted that the current proposals
258presented do not address her concerns or the concerns of other residents in the area.
259
260Mr. Tim Aune, 554 Foxwood Lane, referenced a letter he sent to the Commission previously and
261made himself available to answer any questions regarding his objections.
262
263Mr. Jim Kolar, 1695 Delaware Avenue, voiced his concerns and objections to the proposed plans.
264He further recommended the City consider developing a master plan for development of the
265remaining large-acre lots in the area in question. He also requested the City consider preserving
266access to his property in any future subdivision surrounding his property.
267
268City Attorney Andrew Pratt reiterated for the record that the intent this evening was to gather data
269and to have discussions regarding the various options and plans for the property; this was a fact
270gathering situation and some of the facts need to be verified, proposals would need to come to
271staff, there is nothing that the Commission is being held to, and no recommendations to be passed
272on to City Council.
273
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 6
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274COMMISSIONER VIKSNINSMOVED, SECONDED BY COMMISSIONER MAGNUSON,
275TO CLOSE THE PUBLIC HEARING.
276
277AYES: 6
278NAYS: 0
279ABSENT: 1
280
281Chair Field expressed his desire that the Commission consider forwarding the summary of this
282hearing to the City Council for their consideration in a similar manner as to the discussions this
283evening.
284
Discussion of Public Hearing Guidelines
285
286
287Planner Wall presented the background and referenced previous discussions on this topic. Based
288on those discussions at previous Commission meetings, the following public hearing guidelines
289are proposed:
2901.Comments shall be limited to the proposed plan or amendment
2912.A reasonable attempt shall be made to limit comments to no longer than 3 minutes
2923.Comments shall not be repetitious until everyone else wishing to provide comments has
293testified
2944.The applicant shall be allowed to speak last to address any comments
2955.The Chair can amend the procedures if necessary
296
297If the guidelines are approved by the Commission, Staff would recommend the attached statement
298be readby the Chair prior to opening the first public hearingof the evening and would apply to all
299of the public hearings of the evening, if any.
300
301Commissioner Noonan suggested that item one be changed to read “Comments shall be limited to
302the application at hand” or “.. . matter before the Commission” so as to not limit it to a plan or
303amendment.
304
305He also noted that 3 minutes may not be long enough for a resident to give proper consideration
306to a complicated matter or application with a great deal of complexity. The response was that ‘a
307reasonable attempt’ allows for some flexibility.
308
309Commissioner Hennessy suggested that Item 5 be changed to read “The Chair can amend the
310guidelines if necessary.” Chair Field agreed to this suggestion.
311
312COMMISSIONER HENNESSYMOVED, SECONDED BY COMMISSIONER HENNES, TO
313ADOPT THEPUBLIC HEARING GUIDELINES WITH NUMBER FIVE AMENDED TO SAY
314“THE CHAIR CAN AMEND THE GUIDELINES IF NECESSARY” RATHER THAN
315“PROCEDURES”
316
317AYES: 5
318NAYS: 1 (NOONAN)
319ABSENT: 1
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 7
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Verbal Review
320
321
322Planner Wall gave the following verbal review:
323
324PLANNING CASE #2014-09
325Southview Design Inc. Conditional Use Permit for Outdoor Storage & Display
326Accessory Structure and Fence
327•Approved by the City Council as recommended by the Planning Commission.
328PLANNING CASE #2014-10
329Michael Sullivan and Deborah Cuneo Rear Yard Variance Requestfor Detached Garage
330•Approved by the City Council as recommended by the Planning Commission.
331PLANNING CASE #2014-11
332Steven Olson Wetlands Permit to Construct an Accessory Structure
333•Approved by the City Council as recommended by the Planning Commission.
334PLANNING CASE #2014-12
335Somerset Country Club Accessory Structure Variance Request
336•Approved by the City Council as recommended by the Planning Commission.
337
Staff Announcements
338
339
340Planner Wall stated that, based on the Planning Commission’srecommendation last month, the
341City Council will be discussing the Institutional Use Zoning at this week’s Council Workshop
342Meeting.
343
344The next Planning Commission meeting is scheduled for June 24 at 7:00 p.m.
345
Adjourn
346
347
348COMMISSIONER MAGNUSONMOVED, SECONDED BY COMMISSIONER NOONAN, TO
349ADJOURN THE MEETING AT 8:57 P.M.
350
351AYES: 6
352NAYS: 0
353ABSENT: 1
May 27, 2014Mendota Heights Planning Commission Meeting – DRAFTPage 8
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DATE:
June 24, 2014
TO:
Planning Commission
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Planning Case 2014-13
Subdivision Request for a Lot Split, Lot Width and Detached Garage
Size Variances, and Wetlands Permit
APPLICANT:
Ken and Mary Kay Noack
PROPERTY ADDRESS:
677 4 th Avenue
ZONING/GUIDED:
R-1 One Family Residential/LR LowDensity Residential
ACTION DEADLINE:
August 26, 2014
DESCRIPTION OF THE REQUEST
The applicant is seeking approval to subdivide the existing parcel at 677 4 th Avenue into two parcels and is
requesting variances from the lot width and detached garage size standards. In addition, if the subdivision
and variance requestswere to be approved, the applicant is also seekinga wetlands permit to construct a
dwelling on the new parcel.
BACKGROUND
The subject parcel is approximately 1.19 acres and contains a single-family dwelling with an attached
garage, a 1,064-square foot detached garage, and an accessory structure. The parcel is zoned R-1 One
FamilyResidential and guided for lowdensity residential development. The applicant is proposing to
subdivide the subject parcel to create an additional parcelto construct a single-family dwelling in the future.
The subjectparcel was formerly two lots containing two dwellings. The applicant was required to combine
the lots in order to demolish the dwelling on the easterly lot, so as nottocreate a nonconformity with an
accessory structure without a principal structure. It is the applicant’s desire to maintain the existing
detached garage on Parcel A, as shown on the survey map, and demolish the existing accessory structure.
The applicant originally applied for a subdivision to create a new 15,055-square foot lot with 100 feet of
frontage and a noncompliant side lot line. The Planning Commission discussed other options available to
the applicant and tabled the discussion to consider an amended application. The applicant is now seeking
a variance from the 100-foot lot width requirement in order to comply with the side lot line requirements.
The City Council recently amended the Code to allow an additional detached garage for dwellings with an
attached garage, based on compliance with certain lot and structure size requirements. The existing
detached garage exceeds the allowable size standards and requires a variance to remain on Parcel Ain
compliance with the Code if a subdivision is approved.
In addition, the subjectparcelis within 100 feet of a wetland or water resource-related area. If approvals
for the subdivision and variancerequestswere to be granted, a wetlands permit would be required prior to
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construction of a new dwelling. As a result, Staff recommended the applicant also include a wetlands
permit as part of the application submittal.
ANALYSIS
Lot Split
Title 11-3-2 of the Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the
resulting lots are compliant with the requirements of the applicable zoning district. According to the survey
map includedas part of the application submittal, and shown in the table below, Parcel B does not meet the
lot width requirements and requires a variance.However, the lot size and setback requirements are met for
both parcels.
StandardParcelAParcelB
15,000 sq. ft.32,900sq. ft.18,922sq. ft.
Lot Area
(0.34 acres)(0.76acres)(0.43acres)
Lot Width100 ft.179.27ft.70ft.
Front Yard Setback30 ft.30 ft. (approx.)33 ft.*
10 ft. (up to 15’ depending on 75 ft. (dwelling)
Side Yard Setback10 ft.**
structure height)10.3ft. (garage)
30 ft. or 20% of the averagelot 70ft. (dwelling)
Rear Yard190 ft. (approx.)**
depth (whichever is greater)170ft. (garage)
*final front yard setback to be determined and confirmed during the building permit application review
**measurements based onproposed 2,640sq. ft. buildingpad as shown on the survey map – future dwelling could be
located anywhere within the proposed area
Lot Width Variance
The applicant has amended the original subdivision application, which proposed to create a 100-foot wide
lot with a noncompliant side lot line,to create a 70-foot wide lotwith compliant side lot lines. The amended
request requires a variance from the minimum lot width standard in the R-1 Districtfor Parcel Bin order
to accommodate the existing detached garage structure on Parcel A.When considering a variance for the
reduced lot width,the City is required to find that:
1.The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
Single-family residential dwellingson both parcels and a detached garage on Parcel A arereasonable uses
of the properties and are compliant with the Comprehensive Plan. Title 11-3-2(D) of the Code requires that
“every lot must the have the minimum frontage as required in the zoning ordinance on a city-approved
street other than an alley.”As noted, the minimum lot width for a newly-created lot in the R-1 District is
100 feet.
2.The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The practical difficulties of this request are not unique to the property and are created by the applicant. The
lot combination which created the existing 1.19-acre subject parcel was required in order to demolish the
former dwelling located on the proposed Parcel B, which originally contained the existing detached garage.
The applicant’s request for a variance to create a 70-foot wide lot is driven by the desire to have the garage
remain on Parcel A.
Removal and reconstruction,or relocation,of the existing detached garage farther onto Parcel A is an option
to avoid the lot width variance request. According to the applicant, the structure is not able to be relocated
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due to its constructionand condition, and thereforepresents a practical difficulty andis not a viable option
for consideration at this time(see Exhibit 1).
3.The request will not alter the essential character of the locality.
The neighborhood contains existing lots ofrecord withvarying widths. As shown in Exhibit 2, the
neighborhood has approximately 30lots that are existing nonconformities with the 100-foot lot width
standard. Of those, approximately 9lots are 70 feet wide or less. Regardless of the approved lot
configuration, no more than one additional dwelling can be created from the subject parcel. Therefore,
construction on a 70-foot wide lot instead of a 100-foot wide lot has the same density along this stretch of
4 th Avenue.
However, while Parcel B may be consistent with other narrow lot widths in the neighborhood and would
create another lot for single-family residential development, redevelopment in the area will most likely
consist of larger lots compliant with the Coderequirements.
Detached Garage Size Variance
Ordinance 454, passed by the City Council in January 2014, amended the Code to allow for detached and
attached private garages for residential properties in compliance with the following size requirements:
Lot SizePermittedConditional Use Permit
.75 acres or lessNot AllowedNot Allowed
>.75 acres –1.5 acres750 sq. ft.1,000 sq. ft.
>1.5 acres –2.5 acres1,000 sq. ft.1,200 sq. ft.
>2.5 acres1,500 sq. ft.1,800 sq. ft.
The existing dwelling on theentire 1.19-acresubject parcel contains an attached garage and 1,064-square
foot detached garage. Currently, the garage is a legal nonconforming structure due to the subject parcel
being less than 1.5 acres. Title 12-1D-1(D)(4)of the Codeallows normal maintenance of a legal
nonconforming structure which does not intensify the nonconformity.However, according to Title 12-1D-
3(B)(5) of the Code:
In the event that any property upon which an accessory structure or structures have been erected shall later
be subdivided, then the number and size of accessory structures on the subdivided property shall conform
to the requirements of this chapter, and those which do not conform shall be relocated, removed or
reconstructed so that they do conform.
As a result of the proposed subdivision request,the existing detached garage requires a variance from the
lot size requirement. When considering a variance for thegarageto remain on Parcel A,as in the
proposed subdivision request, the City is required to find that:
1.The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
The Code allows for additional detached garages on residential parcels with an attached garage. While
over-sized based on the lot size standards, the continued use of the existing detached garage on a residential
property over 0.75 acresis reasonable and meets the purposes and intent of the Code and Comprehensive
Plan.
2.The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstancesthat are unique to the property which are not created by the applicant or based on
economic considerations.
The Code requires a parcelwith an attached garageto be at least 0.75 acres in orderto construct an
additional detached garage. On parcels larger than 0.75 acres and less than 1.5 acres, a 1,000-square foot
Page 12
structure is permitted by conditional use permit.The entire subject parcel is 1.19acres, which makes the
existing 1,064-square foot detached garage a legal nonconforming structure. As in the proposed subdivision
request, ParcelA would maintainthe existing structure and is over 0.75 acres.
The existing detached garage pre-dates the current Code requirements and exceeds the applicable structure
size requirement based on the proposed lot size by 6% (64square feet). Applying the recently-adopted size
standards for an existing detached garage creates a practical difficulty in subdividing the parcel in
compliance with the Code, without demolishing and reconstructing the structure.
3.The request will not alter the essential character of the locality.
The neighborhood contains a mix of attached and detached garages. However, few parcels containing an
attached garage have the required acreage to construct an additional detached garage. As noted, the existing
structurepre-dates theCode requirements and has existed in its current location as the neighborhood
developed around it. Regardless of any future subdivision, it will not alter the essential character of the
neighborhood.
Wetlands Permit
As noted, if a lot split is approved, the applicant intends to construct a single-family residential dwelling
on Parcel B.Title 12-2-6(A) of the Code requires a wetlands permit for the construction, alteration, or
removal of any structure within the 100-foot wetland or water resource-related buffer area. In an effort to
avoid another planning application approval process prior to applying for a building permit to construct
the dwelling, Staff recommended the applicant seek approval of a wetlands permit in conjunction with the
other requests.
The purpose of the Wetlands Systems Chapter of the Code is to (Title 12-2-1):
1.Provide for protection, preservation, maintenance, and use wetlands and water resource-related
areas;
2.Maintain the natural drainage system;
3.Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
4.Provide for protection of potable fresh water supplies; and
5.Ensure safety from floods.
The subject parcel is located approximately 60 feet from awetland/water resource-relatedarea and is
th
separated by 4 Avenue. The construction of a dwelling Parcel B would have no negative impacts onthe
surrounding wetland/water resource-related area.
STAFF RECOMMENDATION
Staff recommends denial of the proposed subdivision and lot width variance requests. If the Planning
Commission desires to make a similar recommendation, the detached garage size variance and wetlands
permit should also be denied because they are dependent on approval of the subdivision and lot width
variance requests.
If the Planning Commission desires to approve the entire application submittal, as proposed, the following
conditions should be included:
1.A building permit be obtained prior to construction of a new dwelling.
Page 13
2.The existing accessory structure is demolished, as noted on the survey included in the application
submittal.
3.The applicant shall dedicate 10-foot wide drainage and utility easements along the front property
lines and 5-foot wide drainage and utility easements along theside andrear property lines to be
denoted on the map submitted to Dakota County.
4.Park dedication fee in the amount of $2,700, in lieu of land, is collected after City Council approval
and before issuance of any additional permits by the City.
5.Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building
permit.
6.The applicant shall submit grading and utility plans and a dimensioned site planwith associated
easements, subject to review and approval by the City Engineering Departmentas part of any
building permit application.
7.Any land disturbance activities must be in compliance with the City’s Land Disturbance Guidance
document.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider the following actions:
1.Recommenddenial of the proposed subdivision, lot width variance, detached garage size variance,
and wetlands permit requests based on the attached findings of fact.
OR
2.Recommend approval of the proposed subdivision, lot width variance, detached garage size
variance, and wetlands permit requests based on the attached findings of fact, with conditions.
OR
3.Table the request.
MATERIALS INCLUDED FOR REVIEW
1.Aerial site map
2.Applications, including supporting materials
3.Exhibit 1: Site photos
4.Exhibit 2: Neighborhood Lot Widths map
Page 14
FINDINGS OF FACT FORDENIAL
Subdivision Requestfor Lot Split, Lot Width Variance,
Detached Garage Size Variance, and Wetlands Permit
677 4Avenue
th
The following Findings of Fact are made in denial of the proposed requests:
1.The proposed subdivision does not meet the lot width standards and is not in harmony with the
general purposes and intent of the Code.
2.The practical difficulties associated with the lot width variance request are not unique to the
property. They are created by the applicant’s desire to maintain the existing detached garage on
Parcel A, which resulted from the required lot combination in order to demolish the former
dwelling on Parcel B.
3.The applicant has other options for subdividing the subject parcel in compliance with the Code.
4.In order to facilitate a compliant subdivision of the subject parcel and eliminate the need for the
variance requests, the existing detached garage can be demolished and reconstructed on Parcel A
in compliance with the Code requirements.
5.The detached garage size variance and wetlands permit requests are no longer relevant if the
proposed subdivision and lot width variance requests are not approved.
Page 15
FINDINGS OF FACT FORAPPROVAL
Subdivision Request for Lot Split, Lot Width Variance,
Detached Garage Size Variance, and Wetlands Permit
677 4Avenue
th
The following Findings of Fact are made in support of approval of the proposed requests:
1.The proposed subdivision would create two parcels that are compliant with the R-1 Zoning
District lot size and setback standards.
2.The newly-created parcel would be larger than the original platted 66-foot wide lot in the same
location and construction of a new dwelling on a 70-foot wide Parcel B would result in the same
density of development along 4 th Avenue as a 100-foot wide lot.
3.The surrounding neighborhood contains numerous lots that are legally nonconforming with the
existing 100-foot lot width standard, some as narrow as 60 feet.
4.The existing detached garage is a legal nonconforming structure and pre-dates the recent Code
amendment.
5.The proposed subdivision would allow Parcel A to maintain the ability to contain a 1,000-square
foot detached garage with a conditional use permit.
6.The existing 1,064-square foot detached garage structure meets the purposes and intent of the
Code and Comprehensive Plan and will not alter the essential character of the neighborhood.
7.The construction of a dwelling on Parcel B would have no negative impacts on the surrounding
wetland/water resource-related area.
Page 16
PLANNING CASE 2014-13
Source: Staff
Figure 1: Existing Detached Garage
Page 17
EXHIBIT 2
City of
Planning Case 2014-13
Mendota
Neighborhood Lot Widths
0230
Heights
Date: 6/13/2014
SCALE IN FEET
13976886781395
1399
1399
661657
697667
669
696
649645
651
641
1400
E
1ST AV
1413
644
1415
646
650
654
660
668
706688
694
700
1421
1435
661659
665
671
703687
693641
699647
1431
E
2ND AV
1441
1441
640
648644
664660
666656
678670
700
690686
694
1459
1459
641
645
655
699685
691
695663659
665
679
715
715
VE
3RD A
716
1483
1480
1475
666
678
684
698688
716
1491
1490
1485
1502
1501
1501
1500
1495
1505
1509
1515
1516
1416
1521
665
1521
677
661
1533
1527
LOT WIDTH
VE
4TH A
< 70'
1549
662
723
> 70' and < 100'
1565
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Page 18
Planning Case 2014-13
City of
677 4th Avenue
Mendota
070
Heights
Date: 5/19/2014
SCALE IN FEET
67
58
60
67
1485
135
1502
1501
1495
68
67
58
60
132
8
8
8
68
58
59
180
1515
1516
100
180
665
1521
118
677
661
180
1527
100
132
69
59
60
180
VE
4TH A
Aerometrics
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
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Page 30
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Page 33
DATE:
June 24, 2014
TO:
Planning Commission
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Planning Case 2014-17
Front and Side Yard Setback Variance Requests
APPLICANT:
Ned Rukavina and Leslie Pilgrim
PROPERTY ADDRESS:
1704 Vicki Lane
ZONING/GUIDED:
R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:
August 3, 2014
DESCRIPTION OF THE REQUEST
The applicants are seeking variances from the front and side yard setback standards to construct an addition
to their single-family residential dwelling at 1704 Vicki Lane.
BACKGROUND
The subject parcel is 0.48 acres(21,104 square feet) and contains an existing single-family residential
dwelling with an attached two-car garage. In addition, it is zoned R-1 One Family Residential and guided
for low density residential development. The applicants intend to construct an addition to enlarge the garage
with an additional stall, add a mudroom and small studio, and remodel the kitchen.The proposed addition
encroaches into the required front and side yards and necessitates variances from both standards.
ANALYSIS
Comprehensive Plan
The subject parcel is guided LR Low Density Residentialin the 2030 Comprehensive Plan. The applicant’s
request to construct an additionis consistent with the continued use as a single-family residential dwelling.
Setback Variance Requests
The existing dwelling, including the attached garage, are within the required 30-foot front yard and 10-foot
side yard setbacksfor the R-1 District. As shown in the attached Site Plan, the proposed addition would
encroach 11 feet, at its greatest dimension, into the required front yard and totals 204 square feet. The
addition would also encroach 5 feet, at its greatest dimension, into the required side yard and totals 18
square feet. In total, the proposed addition would encroach approximately 222 square feet into the required
setback areas.
The proposed addition would extend the western portion of the existing structure 15 feet closer to the street
and would match a similar, existing extension on the eastern portion of the dwelling. The subject parcel is
Page 34
located on a cul-de-sac which causes a curvilinear front yard setback line. According to the applicants, the
existing location of the dwelling, on thenearly half-acre, pie-shaped subject parcel,makes square structures
difficult to fit.
Title 12-1E-1(B)(4) of the City Code requires that driveways in single-family residential zoning districts
be aminimum of 5 feet from side lot lines and no greater than 25 feet wide at the property line. The Site
Plan indicates an expanded driveway would be located within 2 feet of the side lot line. To the extent that
an alternate design cannot be accomplished in compliance with the Code requirements, the applicants would
be required to apply for another variance to construct the driveway as proposed.
When considering variances for the proposed addition, the City is required to find that:
1.The request is in harmony with the generalpurposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
An expansion of the existing single-family dwelling and attached garage is a reasonable use of the property
and compliant with the Comprehensive Plan. The existing attached garage is approximately 400 square
feet and, based on the preliminary architectural drawing submitted as part of the application, the additional
garage stall andsquare footage appears to meetthe permitted 1,200-square footstandard forattached private
garages in residential zoning districts.
However, side yard setbacks for structures are intended to ensure that green space exists between properties
to accommodate drainage and utility easements along property boundary lines and provide adequate
buffering between structures. The proposed expansion of the structureto accommodate an additional
garage stall will leave approximately 5 feet between the new wall and the property line at the farthest
dimension of the encroachment.
In addition, front yard setbacks for structures are intended to promote a uniform frontage along the street
and allow adequate space between the right-of-way and property boundary lines for utilities or future
improvements. The proposed expansion would encroach as much as 11 feet into the required front yard,
leaving just under 20 feet in certain areas between the structure and right-of-way.
2.The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the propertywhich are not created by the applicant or based on
economic considerations;
The existing location of the dwelling on the subject parcel only creates a practical difficulty in expanding
the structure in the manner asproposed by the applicants. It appears that an expansion of the garage and
other portions of the existing dwelling into the side and rear yardscould be accomplishedwithout
encroaching into the required setbacks(see Exhibit 1).However, based on the existing layout of the house,
expansions in these areas may not fit the applicant’s needsand/or desires.
The Code allows encroachments for covered/enclosed entryways, including porches, decks, stoops, or
similar structures, into the required front yard under certain conditions. Based on the proposed
improvements within the front yard encroachment, consisting of a mud room, studio, and remodeled
kitchen, it is unlikely that any would be eligible under this Code provision. Nevertheless, the applicants
can pursue expansion of the existing dwelling into the required front yard in compliance with this Code
provision which would not require a variance.
3.The request will not alter the essential character of the locality.
The Vicki Lane cul-de-sac neighborhood, which contains 10 single-family residential dwellings,does not
have any three-car garages. According to the applicants, they intend to make the addition fit in with the
existing dwelling and the additional garage stall will eliminate a parked car in the driveway, improving the
look of the neighborhood. However, the proposed addition and associated encroachments will eliminate a
Page 35
significant portion of the existing driveway and substantially increase the footprint ofthe structure towards
the street. Based on an analysis of aerial photos of the neighborhood, it appears that all existing dwellings
in the neighborhood meet or exceed the R-1 District’s 30-foot front yard setback(see Exhibit 2). For that
reason, Staff’s believes the proposed addition is out of character for the neighborhood.
STAFF RECOMMENDATION
Staff recommends denial of the variance requests for construction ofthe proposed addition within the
required front and side yard setbacks. While portions of the proposed addition encroach into different
required yards, Staff recommends the Planning Commission consider the variance requests together since
the entire addition is being considered as one project. The existing dwelling and attached garage were
constructed in their current configuration in compliancewiththe applicable setback requirements and the
applicants may pursue other expansion alternatives that may not require setback variances.
If the Planning Commission desires to approve the entire application submittal, as proposed, the following
conditions should be included:
1.A building permit be obtained prior to construction of the addition.
2.The proposed driveway expansion is revised to be compliant with the side yard setback
requirements or an additional variance is obtained to construct it as proposed.
3.The applicant shall submit grading plans and a dimensioned site plan with associated easements,
subject to review and approval by the City Engineering Department as part of any building permit
application.
4.Any land disturbance activities must be in compliance with the City’s Land Disturbance Guidance
document.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider the following actions:
1.Recommend denial of the variance requests for construction of an addition within the required
front and side yard setbacks, based on the attached findings of fact.
OR
2.Recommend approval of the variance requests for construction of an addition within the required
front and side yard setbacks, based on the attached findings of fact, with conditions.
OR
3.Table the request.
MATERIALS INCLUDED FOR REVIEW
1.Aerial site map
2.Variance Application, including supporting materials
3.Exhibit 1: Potential Garage Expansion map
4.Exhibit 2: Vicki Lane Front Yard Setbacks map
Page 36
FINDINGS OF FACT FORDENIAL
Variance Requests for Dwelling and Garage Addition
1704 Vicki Lane
The following Findings of Fact are made in support of denial of the proposed request:
1.The proposed dwelling and garage addition’s encroachment into the required front and side yard
setbacks is inconsistent with the intent of the Code to promote green space, preserve adequate
drainage and utility easement corridors, and allow for adequate buffering between structures.
2.An addition to accommodate another garage stall may be accomplished without the need for a
setback variance.
3.While inconvenient or less desirable, an addition to expand the existing dwelling could be
accomplished by expanding other portions of the dwelling without the need for a variance.
4.The proposed encroachments intothe required setback areas constitutean unreasonable use of the
setback area and will substantially increase the footprint of the structure towards the street, both
of which are out of character for the neighborhood.
Page 37
FINDINGS OF FACT FORAPPROVAL
Variance Requests for Dwelling and Garage Addition
1704 Vicki Lane
The following Findings of Fact are made in support of approval of the proposed request:
1.The proposed addition is a reasonable use of the subject property.
2.The proposed garage expansionis minimal and will only encroach 18-square feet into the
required side yard to provide for three vehicle stalls and will be offset by areas of the garage in
which the setback is greater relative to the side property line.
3.The proposed addition cannot be accommodated within the required front and side yard setbacks
due to the existing location of the dwelling on the irregularly shaped lot with cul-de-sac frontage.
Page 38
EXHIBIT1:
PlanningCase2014-17
PotentialGarageExpansion
Page 39
EXHIBIT 2
City of
Planning Case 2014-17
Mendota
Vicki Lane 30' FY Setbacks
080
Heights
Date: 6/16/2014
SCALE IN FEET
1686
1691
1694
1696
1699
1707
1700
1704
1705
1704
1711
1710
1713
1710
1721
1720
1721
1725
1730
1724
1731
1733
1732
Aerometrics
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Page 40
Planning Case 2014-17
City of
1704 Vicki Lane
Mendota
030
Heights
Date: 6/12/2014
SCALE IN FEET
1691
1686
1
07
1
25
1707
1699
1704
1705
1710
1713
Aerometrics
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Page 41
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Page 43
Page 44
Page 45
Page 46
Page 47
Page 48
Page 49
Nolan Wall
From:Ned Rukavina <Ned.Rukavina@cushwakenm.com>
Sent:Monday, June 02, 2014 9:20 AM
To:Nolan Wall
Subject:1704 Vicki Lane - Variance
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.ĻƭƷƩĻŭğƩķƭͲ
bĻķ
Ned V. Rukavina
Senior Director Brokerage Services
Cushman & Wakefield | NorthMarq
3500 American Blvd, Suite 200
Bloomington, MN 55431
952-820-8738 (O)
612-227-7415 (C)
ned.rukavina@cushwakenm.com
cushwakenmretail.com
1
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Page 55
Page 56
DATE:
June 24, 2014
TO:
Planning Commission Members
FROM:
Nolan Wall, AICP
Planner
SUBJECT:
Mississippi River Corridor Critical AreaRulemaking
BACKGROUND
The DNR is in the process of amending the Critical Areas Act of 1973. The previous amendment process
which began in 2009 was never implemented and expired in2011. The Legislature directed the DNR to
resume the rulemaking process in 2013. The corridor encompasses 30 communities thatare requiredto
adopt DNR-approved plans and ordinances, and administer and enforce them. Title 12, Chapter 3 of the
City Code contains the existing regulations for the Critical Area Overlay District.
The DNR recently published a Request for Comments, which ends August 15, 2014. Comments submitted
during this informal comment period will be considered by the DNR in revising and finalizing the draft
rules for formal rule adoption.
It is our intention to introduce the subject and provide the following materials for review and discussion at
the July 22 Planning Commission meeting:
1.2013-2015 MRCCA Rulemaking schedule
2.Project Overview
3.Homeowner’sGuide
4.2014 DRAFT Rules – dated June 2, 2014
5.Title 12, Chapter 3 – Critical Area Overlay District
BUDGET IMPACT
Once adopted, the amended rules will require the City to amend the existing Critical Area Overlay District
standards.
RECOMMENDATION
Staff recommends the Planning Commissionreviewthe attached materials for further discussionat theJuly
meeting.
Page 57
Page 58
Overview of Mississippi River Corridor Critical Area Program
and RulemakingEffort
History of the Mississippi River Corridor Critical Area
1973 Minnesota passes Critical Areas Act of 1973 (MN Statutes, Chapter 116G)
EQB adopts rules to implement Act (MN Rules, parts 4410.8100 – 4410.9910)
1976 Mississippi River and adjacent corridor designated a state critical area by Governor Wendell Anderson
(Executive Order No. 130)
1979 Designation continued by Governor Albert Quie (Executive Order 79-19)
Metropolitan Council acts to make designation permanent (Resolution 79-48)
1988 Mississippi National River and Recreational Area (MNRRA) established by Congress as unit of NPS
(MNRRA shares same boundary as Mississippi River Corridor Critical Area)
1991 MNRRA designated a state critical area per Critical Areas Act (MN Statutes, section 116G.15)
1995 Responsibility shifts from EQB to DNR by Governor Arne Carlson (Reorganization Order 170)
2007 Legislature directs DNR to prepare report on the Mississippi River Corridor Critical Area
(Completed January 2008)
2009 Legislature amends MN Statutes, section 116G.15 and directs DNR to conduct rulemaking for the
Mississippi River Corridor Critical Area (MN Laws 2009, Chapter 172, Article 2, Section 5.e.)
2011 DNR develops draft rule after participatory stakeholder process, but rulemaking authority lapses
2013 Legislature directs DNR to resume rulemaking process in consultation with local governments
Current Status
30 communities along corridor (21 cities, 5 counties,
4 townships) + several quasi-governmental entities.
Most have adopted critical area plans and ordinances.
EO 79-19 establishes four land use districts:
Rural Open Space
Urban Open Space
Urban Developed
Urban Diversified
EO 79-19 establishes performance standards and
guidelines for each land use district.
Local government units (LGUs) administer and enforce
a variety of plans and regulations to meet the
performance standards.
The critical area is cooperatively managed:
DNR Role: Adopts rules, reviews/approves plans
and ordinances, and may review and comment on
actions requiring a public hearing.
NPS Role: Has provided funding assistance to
local, regional, and state agencies; encourages
LGUs to incorporate voluntary MNRRA policies
into plans; and provides stewardship, education,
and historical and cultural resource protection.
1
Page
Minnesota DNR-Division of Ecological &WaterResources – 05/23/14
Page 59
Met Council Role: Reviews plans for consistency with regional policies, EO 79-19, and MNRRA policies
and submits recommendation to DNR; and provides assistance to LGUs adopting or amending plans.
LGU Roles: Adopt DNR-approved plans and ordinances, and administer and enforce them.
Key Points of 2009 and 2013 Legislation
The legislation authorizes the DNR to adopt rules and requires the DNR to:
establish, by rule, districts within the Mississippi River Corridor Critical Area. The DNR must:
determine appropriate number of districts within each municipality,
-
take into account municipal plans and policies, and existing ordinances and conditions, and
-
consider protection of key identified resources and features.
-
establish, by rule, minimum guidelines and standards for the districts to protect key resources and features
and use them when approving plans and regulations and reviewing development permit applications.
consult with local governments prior to rule adoption (new in 2013).
protect existing commercial, industrial and residential uses (new in 2013).
2009 legislation required preparation of a preliminary bluff map; this requirement was eliminated in 2013,
but protection of bluffs and related features remains a priority.
General Overview of State Rulemaking Process(MN Statutes, Chapter 14)
Public
LGUs
Request for
Rule
Other
Comments
Development
Agencies
(2009)*
Advisory
(2010)
Committees
Public
Draft Rules Notice of Intent to
Hearing
& SONARAdopt Rules
(2014/2015)
(2011/2014)(2014)
Output of
Administrative Law
Notice of Rule
2009-2010 Process
Judge Report
Adoption
Starting point for
(2015)
2013-2015 Process
(2015)
Formal rulemaking to be conducted in 2014-2015
*The DNR re-published a Request for Comments on June 2, 2014 and will continue to involve local governments,
interest groups, other agencies, and the public in improving and refining the draft rules. The DNR also intends to
hold a public hearing as part of the formal rulemaking process.
For more information, including a detailed 2013-2015 rulemaking schedule, visit the project
website:
http://mndnr.gov/waters/watermgmt_section/critical_area/rulemaking.html
2
Page
Minnesota DNR-Division of Ecological &WaterResources – 05/23/14
Page 60
to the MRCCA Working Draft Rules
Purpose
The purpose of this guide is to familiarize homeowners in the Mississippi River Corridor Critical Area
(MRCCA) with the working draft rules dated June 2, 2014. This guide focuses on those rule provisions
most likely to affect homeowners. It is intended to be used with the “MRCCA Overview” document,
which explains the MRCCA and its history. This guide describes how the working draft rules differ from
the existing MRCCA regulations. The rule part or subpart number referencing the actual rule language is
shown in the title of each summarized rule provision.
Background on Local Control
Property owners have been subject to MRCCA regulations since the MRCCA was established by
Executive Order in the 1970s. Since that time, MRCCA regulations have been implemented through local
government zoning ordinances. The proposed rules will update the MRCCA regulations, which will then
be implemented through updates to these local zoning ordinances. The DNR and Metropolitan Council
both review local ordinances for consistency with MRCCA standards, with the DNR having final approval
authority. The working draft rules will not change these inter-governmental relationships.
Districts (part 6106.0100)
What are districts?
Resources are currently protected through the use of four districts established in
the Executive Order. The working draft rules propose six districts that better reflect the existing
character and development along the river and recognize planned future development.
In which district is my property located?
Most residential neighborhoods are located in the
proposed CA-ROS, CA-RN and CA-SR Districts. To find where your property is located, please see maps
showing the existing districts and the proposed districts.
Dimensional Standards (part 6106.0120)
What standards apply to my property? Standards for building height and setbacks from the river and
the top of 18% slopes are regulated by district. The setback provisions are intended to keep buildings
and other development activity away from sensitive shoreline areas and areas prone to soil erosion.
Sediment is a pollutant and it also carries nutrients and other pollutants into the river, which reduces
water clarity and water quality.
Will the standards change for my property?
Building height and setbacks are currently
regulated by local zoning ordinances and will not change for most homeowners. The tables on
the following page outline the standards currently contained in most local ordinances, as well
as those proposed in the working draft rules.
Minnesota DNR-Division of Ecological &WaterResources – 06/02/14
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Existing Regulations - Executive Order 79-19*
Rural Open Urban Urban Urban Open
Space DevelopedDiversifiedSpace
Underlying
35' 35' 35’
Height zoning
Underlying
200' 100' 100’
River Setback zoning
18% Slope
100' 40' 40' 40'
Setback
* These regulations are implemented through local zoning ordinances. Standards may differ from one community
to another. Check your community’s ordinance to verify which standards currently apply to your property.
Proposed Working Draft Rules
CA-ROS CA-RN CA-RTC CA-SR CA-UM CA-UC
48 - 56'TBD Underlying 65' Underlying
35' 35'
Height CUP > 56’zoningCUP > 65’ zoning
Underlying
River Setback 200' 100' 75' NA 50'
zoning
18% Slope
100' 40' 40' 40' 40' 40'
Setback
Expansion of Nonconforming Structures (part 6106.0080, Subp. 3)
Legal nonconforming structures are structures that were lawfully permitted when they were built.
However, when zoning standards change, these lawfully established structures that do not conform to
the new standards become legally nonconforming or “grandfathered”. The ability to expand these
structures is unclear in the existing MRCCA regulations and has raised concern among some
homeowners. To address this, the working draft rules clarify that local governments may allow the
expansion of nonconforming structures, as long as they do not expand further into required setbacks
from 18% slopes and from the river. For additional information on nonconformities, refer to
“Nonconformities Guide”.
Vegetation& Land Alteration Standards (part 6106.0150)
Why do we need rules on vegetation and land alteration?
Vegetation is the primary means for stabilizing soil and for slowing, absorbing, and filtering stormwater
before it runs into the river. Land alteration in areas near water and on steep slopes increases the risk of
soil erosion and the movement of sediment into water. Retaining and/or restoring deep-rooted
vegetation along the river’s edge and on steep slopes, and preventing erosion during development are
important strategies for protecting water quality and animal habitat.
What is wrong with the existing regulations?
Existing MRCCA regulations for managing vegetation removal and land alteration activities are vague
and are not clear on what homeowners can and can’t do. Changes are proposed to better protect
vegetation and manage land alteration. The biggest change would require homeowners to obtain a
permit from the local government for land alteration and vegetation removal activities in sensitive areas
(primarily along the river’s edge and on 18 % slopes on developed lots) that exceed certain thresholds
Minnesota DNR-Division of Ecological &WaterResources – 06/02/14
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that pose risks. The purpose of requiring a permit is to connect property owners with a qualified person
who can guide these activities to minimize negative impacts to water quality and habitat.
When and in which areas would a permit be required for land alteration?
A permit would be required for any activity that disturbs more than 5-
Comments are requested on the
10 cubic yards or 250 – 3,000 square feet of soil in the following areas:
specific amount of disturbance
activity that should trigger the
In the shore impact zone - 50% of the structure setback from
permit - please suggest a
the river
specific number within the
Within 50 feet of a public water, wetland, or natural drainage
highlighted range of numbers,
or some other number you feel
way
is more appropriate.
In a slope preservation zone – areas with slopes greater than
18%, including land within 20 feet of these areas.
In a bluff impact zone – areas with slopes greater than 30% including land within 20 feet of
these areas.
Disturbance activity exceeding these levels in these areas must use temporary and permanent erosion
and sediment control measures sufficient to retain sediment onsite. Except for a limited number of
exceptions, land alteration is not allowed in slope and bluff preservation zones. Local governments
would have the authority to attach conditions to the permit that would minimize environmental
impacts.
What if I need riprap or retaining walls?
The construction or replacement of riprap, retaining walls, and bioengineering systems are considered a
form of land alteration that would also require a permit in the following areas:
In the shore impact zone - 50% of the structure setback from the river
In a slope preservation zone – areas with slopes greater than 18%, including land within 20 feet
of these areas.
In a bluff impact zone – areas with slopes greater than 30%, including land within 20 feet of
these areas.
Riprap, retaining walls or other “hard armoring” can only be used to correct an erosion problem that
cannot be controlled through vegetation or a bioengineered system (as determined by the local
government). Patios and retaining walls would be allowed in slope preservation zones that don’t abut
the river, a bluff, or natural drainageway, as long as slope stability is maintained, and the project is not
readily visible from the river.
When and in which areas would a permit be required for
Comments are requested on the
vegetation management?
specific amount of vegetation
removal that should trigger the
A permit is also proposed for removal of tree canopy or other natural
permit – please suggest a
vegetative cover that reduces cover more than 5-15 percent or more
specific number within the
than 1,000 – 5,000 square feet, whichever is less, in the following
highlighted range of numbers,
or some other number you feel
areas:
is more appropriate.
In the shore impact zone - 50% of the structure setback from
the river.
Minnesota DNR-Division of Ecological &WaterResources – 06/02/14
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In a slope preservation zone – areas with slopes greater than 18%, including land within 20 feet
of these areas.
In a bluff impact zone – areas with slopes greater than 30%, including land within 20 feet of
these areas.
Areas of native plant communities anywhere in the MRCCA.
Other areas of significant vegetation identified in local government plans.
Vegetation removal activity that exceeds these levels in these specific areas must comply with local
government permit conditions that minimize environmental impact. For example, the removal of native
plant communities would need to be replaced with vegetation similar to the habitat value, slope
stabilization, and stormwater retention value of the removed native plant communities. Another
example would require the planting of deep-rooted vegetation on any highly erodible soils that are
disturbed. Within the above listed areas, intensive vegetation clearing or clear-cutting is prohibited. The
proposed rules also state that the local government must require a restoration plan for violations of the
standards.
The proposed standards also list the following activities for which NO permit is required:
Pruning of trees and shrubs to maintain plant health and improve aesthetics
Maintenance of existing lawns, landscaping, and gardens
Removal of vegetative cover less than the amounts described above
Shoreline Facilities & River Access on Riparian Lots (part 6106.0140)
The existing MRCCA regulations do not address shoreline facilities and river access such as access paths,
stairways, recreation areas and water-oriented structures. The working draft rules propose the
following:
Driveways or parking areas must meet structure setbacks and cannot be placed in the slope
preservation or bluff impact zones.
No impervious surfaces within the shore impact zone (50% of structure setback) except for:
Access paths no greater than eight feet wide
o
Stairways and lifts no greater than four feet wide - landings may be up to 32 square feet
o
in area.
One shoreline recreation area per lot no larger than 5,000 square feet and no wider than 25 feet
or 12% of the lot width, whichever is greater, and not extending more than 25 feet landward
from the water.
One water-oriented accessory structure for every 300 feet of river frontage. Lots less than 300
feet may have one structure. The water-oriented accessory structure is limited to a 12 foot
height, 120 square feet, and must be at least 10 feet from the water’s edge. Structures are not
allowed in the bluff impact and slope preservation zones.
Minnesota DNR-Division of Ecological &WaterResources – 06/02/14
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Mississippi River Corridor Critical Area
(MRCCA)
DNR Working Draft Rules –
Clean Version
June 2, 2014
Page 65
Introduction & MRCCA Rulemaking Background
The MRCCA is a unique land corridor along the Mississippi River within the seven-county metro area.
The corridor is 72 miles long, 54,000 acres in area, and within the jurisdiction of 30 local governments
(LGUs). Land development in the corridor is guided by state regulations, which are currently
implemented through local plans and ordinances that are reviewed and approved by the DNR. The
Metropolitan Council works with the DNR to review plans and ordinances.
The MRCCA was established in the 1970s by Executive Order, a type of state regulation that cannot be
readily changed or updated. Over the last decade, it has become increasingly challenging for the state
and local governments to administer regulations under the Executive Order because it:
does not provide DNR with clear criteria for evaluating local plans and ordinances,
limits redevelopment and reinvestment in the corridor,
is complex and costly to administer,
provides inadequate resource protection due to vague and outdated language, and
requires that numerous and often conflicting resources and functions be conserved (scenic,
environmental, mineral, economic, cultural, and historic) but does not prioritize among them.
In 2009, the Minnesota Legislature directed the DNR to establish rules for the MRCCA. The DNR
undertook an extensive participation process from 2009-2010 that resulted in the “2011 draft rules.” At
the conclusion of the process, the previous administration did not support the proposed rules, and local
concern and opposition to the rulemaking was growing. As a result, the rulemaking process halted in
2011 and the DNR’s statutory authority to do rulemaking expired. In 2013, the Legislature restored
DNR's rulemaking authority and made changes to the statutory language guiding rule development, with
greater emphasis on addressing local government concerns and consideration of existing and potential
new development.
The DNR established the following goals to guide this new rulemaking effort:
maintain and improve water quality and habitat,
better recognize existing and planned development,
increase flexibility for local governments,
focus on rules that best achieve resource protection, and
simplify administration and clarify language.
Rulemaking Schedule
Phase I: LGU Review
During Phase I of the rulemaking schedule (Figure 1), consultation with LGUs was the primary focus of
DNR’s renewed rulemaking effort. Over the past ten months, DNR staff has met individually with each
LGU’s staff/officials and three times with a group of LGUs convened by Metro Cities, with multiple
follow-up calls and meetings. The DNR has also met with the Metropolitan Council and National Park
Service, as well as with several groups representing environmental and development interests.
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Figure 1
Phase II: Public Outreach and Rule Revision
This document has been prepared to accompany the Request for Comments (RFC) which begins Phase II
of the rulemaking process (Figure 1). This document is a working draft of the rules that incorporates
proposed changes from the 2011 draft rules. It is the product of the DNR’s efforts over the last ten
months (Phase I).
Highlights of the proposed revisions to the 2011 draft rules include:
greater flexibility and deference to local zoning on issues such as height, lot size, and open
space dedication;
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reduction in the number of nonconformities (existing or created) and greater emphasis on
the continuance of those structures/lots going forward;
stronger rules governing vegetation removal and land alteration; subdivisions and other
large scale development and redevelopment projects; and the protection of native plant
communities, bluffs, steep slopes, and shore impact zones; and
simplified and streamlined administrative procedures for the review and approval of plans
and ordinances, and improved organization for easier reading and administration.
This phase is intended to provide for informal feedback on the working draft rules before they are
finalized for Phase III – Formal Rule Adoption (Figure 1).
Phase III: Formal Rule Adoption
This third phase is a formal process that begins with a Notice of Intent/Hearing to adopt the rules, with a
public hearing presided over by an Administrative Law Judge.
How to read this document…
All proposed revisions to the 2011 draft rules have been incorporated into this “clean” version for a less
complicated reading experience. A parallel, “tracked” version is also available that shows all changes
made to the 2011 draft rules.
Potential changes to numeric thresholds, such as height, setbacks, open space dedication, and permit
requirements, have not been “set in stone”, but rather are presented in the draft as ranges that are
highlighted for public input. A commentary column to the right of the proposed rule text guides readers
through the rules and provides some explanation for various provisions and proposed changes, and also
draws attention to specific thresholds and provisions for which DNR is seeking input and direction.
How to comment…
Interested persons or groups may submit comments on these working draft rules in writing until 4:30
p.m. on August 15, 2014. Guidance on submitting comments is available at the MRCCA rulemaking
webpage (link below). Comments and questions should be directed to: Daniel Petrik at Minnesota
Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4025, 651-259-5714
(phone), 651-296-1811 (facsimile), and mrcca.rulemaking@state.mn.us.
For additional information on the MRCCA rulemaking, including information on public meetings over the
summer, visit: http://www.dnr.state.mn.us/input/rules/mrcca/index.html
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Table of Contents
PART PAGE #
6106.0010 POLICY ......................................................................................................................... 1
6106.0020 PURPOSE ..................................................................................................................... 1
6106.0030 SCOPE .......................................................................................................................... 1
6106.0040 SEVERABILITY ............................................................................................................... 2
6106.0050 DEFINITIONS ................................................................................................................ 2
6106.0060 ADMINISTRATION OF PROGRAM ................................................................................ 10
6106.0070 PREPARATION, REVIEW, AND APPROVAL OF PLANS AND ORDINANCES ....................... 13
6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES ....................................................... 18
6106.0090 INCORPORATIONS BY REFERENCE ............................................................................... 20
6106.0100 DISTRICTS .................................................................................................................. 21
6106.0110 USES .......................................................................................................................... 23
6106.0120 DIMENSIONAL STANDARDS ....................................................................................... 26
6106.0130 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC FACILITIES ..................................... 28
6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE FACILITIES ................................... 30
6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION STANDARDS ............................. 32
6106.0160 STORMWATER MANAGEMENT STANDARDS ............................................................... 37
6106.0170 SUBDIVISIONS AND LAND DEVELOPMENT STANDARDS ............................................... 37
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Proposed Rules Relating to Mississippi River Corridor Critical Area
Working Draft Rules Commentary/Rationale for Changes
PART 6106.0010 POLICY
It is in the interest of present and future generations to preserve and
The policy statement establishes the overall
goal of the proposed rules as authorized by
enhance the natural, aesthetic, cultural, and historical values of the
state statute.
Mississippi River corridor within the Twin Cities metropolitan area and
protect its environmentally sensitive areas. In furtherance of the policies
declared in Minnesota Statutes, chapters 116G, 394, 462, and 473, and by
Executive Order 79-19, the commissioner does hereby provide standards
and criteria for the preservation, protection, and management of the
Mississippi River Corridor Critical Area
PART 6106.0020 PURPOSE
This part lays out the goals of the rules. MS
The following minimum standards and criteria are provided for the
116G.15 designates the Mississippi National
subdivision, use, and development of land within the Mississippi National
River Recreation Area (MNRRA) as a state
River and Recreation Area, which is designated the Mississippi River
critical area per the Critical Areas Act and
Corridor Critical Area. The purposes of the minimum standards and criteria
identifies these five purpose statements,
are to:
which come directly from EO 79-19 and MS
A.protect and preserve the Mississippi River and adjacent lands that
116G.15.
the legislature finds to be unique and valuable state and regional
resources for the benefit of the health, safety, and welfare of the
citizens of the state, region, and nation;
B.prevent and mitigate irreversible damages to these state, regional,
and national resources;
C.preserve and enhance the natural, aesthetic, cultural, and historical
values of the Mississippi River and adjacent lands for public use and
benefit;
D.protect and preserve the Mississippi River as an essential element
in the national, state, and regional transportation, sewer and
water, and recreational systems; and
E.protect and preserve the biological and ecological functions of the
Mississippi River corridor.
PART 6106.0030 SCOPE
This part describes the physical land area
covered by the rules, the general roles and
Subpart 1. Applicability. The standards and criteria for the Mississippi
responsibilities of agencies in furthering the
River Corridor Critical Area, defined for the purpose of these parts as
purpose of the rules, and the applicability of
the “MRCCA rules,” established in parts 6106.0010 to 6106.0170
other regulations within the MRCCA. Using
pertain to public waters and to public and private lands within the river
the terminology of “MRCCA rules” enables us
corridor boundary established by Executive Order 79-19.
to refer to the rules in a simpler manner than
“parts 6106.0010 to 6106.0150”
Subp. 2. Government actions. The state and all local governments,
including councils, commissions, boards, districts, departments, and
This subpart requires all state and local units
other public authorities, must exercise their powers so as to further the
of government with jurisdiction in the MRCCA
purposes of the MRCCA rules.
to act in accordance with these rules.
Subp. 3. State land. Land owned by the state and its agencies and
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subdivisions must be administered according to the MRCCA rules.
Subp. 4. Conflicting standards. In case of a conflict between this
chapter and any other rule, the more protective provision applies.
Subpart 5 was added at the request of local
Subp. 5. Local determination. Local governments may determine
governments to reduce complexity and
whether to administer the Minnesota statewide shoreland
confusion on overlapping regulations. It gives
management standards in parts 6120.2500 to 6120.3900 within the
local governments the option of discontinuing
Mississippi River Corridor Critical Area.
administration of statewide Shoreland
Management within the MRCCA.
Subp. 6. Superseding standards. Specific standards found in this
chapter supersede Executive Order 79-19 and parts 4410.8100 to
4410.9910 for management of the Mississippi River Corridor Critical
Area.
PART 6106.0040 SEVERABILITY
Severability means that if particular elements
of these rules are found to be
Minnesota Statutes, section 645.20, applies to this chapter.
unconstitutional, the remaining provisions
will continue in force as law. This is a
standard clause of all rules and ordinances.
PART 6106.0050 DEFINITIONS
Of these terms and definitions:
16 refer to or are derived from Minnesota
Subpart 1. Scope of terms and measurement of distances. For the
Statutes, section 116G and/or Executive
purposes of parts 6106.0010 to 6106.0150, the terms used have the
Order 79-19, including: adjacent; barge
meaning given in this part. All distances, unless otherwise specified, are
fleeting area; bluffline; developer;
measured horizontally.
development; discretionary action; essential
services; local government; MUSA; off-
Subp. 2. Access path. "Access path" means an area designated to
premise advertising signs; parcel; public
provide ingress and egress to public waters.
transportation facilities; public safety
Subp. 3. Adjacent. "Adjacent" means having a boundary that physically
facilities; setback; steep slope; and
touches or adjoins. transmission services.
22 refer to existing terms and definitions
Subp. 4. Aggregate extraction. "Aggregate extraction" means removal
in other state statutes or another chapter of
of stone, sand, gravel, or other material from the land for commercial,
rule, including: agricultural use; conditional
industrial, or governmental purposes.
use; conservation easement; dock; feedlot;
floodplain; interim use; lot; marina; mooring
Subp. 5. Aggregate mining. "Aggregate mining" means construction,
facility; nonconformity; ordinary high water
reconstruction, repair, relocation, expansion, or removal of any facility
level; plat; port; public waters; storm water;
for the extraction, stockpiling, storage, disposal, or reclamation of
subdivision; subsurface sewage treatment
nonmetallic minerals. Aggregate mining does not include ancillary
system; variance; wetland; and wharf.
facilities such as access roads, bridges, culverts, and water level control
the remaining definitions are new and
structures. For purposes of this subpart, "facility" includes all mine pits,
clarify concepts useful in administering the
quarries, stockpiles, basins, and any structures that drain or divert
rules.
public waters to allow mining.
Subp. 6. Agricultural use. "Agricultural use" has the meaning given
under Minnesota Statutes, chapter 40A.
Subp. 7. Alternative design. “Alternative design” means subdivision
design methods such as conservation design, transfer of development
density, or similar zoning and site design techniques that protect open
space and natural areas.
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Subp. 8. Barge fleeting. "Barge fleeting" means temporarily parking and
securing barges on the river, on or off channel, while tows are
assembled or broken up.
Subp. 9. Bioengineering. "Bioengineering" means use of living and
nonliving plant materials, in combination with natural and synthetic
support materials, for slope stabilization, erosion reduction, and
vegetative establishment.
Subp. 10. Bluff. "Bluff" means a natural topographic feature having all
of the following characteristics:
A.a slope that rises at least 25 feet above the ordinary high water
The bluff definition is consistent with that in
level or toe of the bluff. For the purposes of this subpart, “toe of the statewide Shoreland Management rules.
the bluff” means the lower point of a horizontal ten-foot
A bluff is a natural feature in contrast to man-
segment with an average slope exceeding 18 percent; and
made features such as highway
embankments and road ditches.
B.the grade of the slope from the ordinary high water level or toe
Bluff impact zone is the same definition used
of the bluff to the top of the bluff averages 30 percent or
in the state shoreland rules.
greater. For the purposes of this subpart, “top of the bluff”
“Toe” and “top” are incorporated here for
means the higher point of the highest horizontal ten-foot
ease of reference and understanding.
segment with an average slope exceeding 18 percent.
Bluffline is used for measuring structure
Subp. 11. Bluff impact zone. "Bluff impact zone" means the bluff and
setbacks.
land within 20 feet of the bluff.
Subp. 12. Bluffline. "Bluffline" means a line delineating the top of the
bluff. More than one bluffline may be encountered proceeding
landward from the river. See also “Top of Bluff.”
Subp. 13. Buildable area. "Buildable area" means the area upon which
structures may be placed on a lot or parcel of land and excludes areas
needed to meet setback requirements, rights-of-way, bluff impact
zones, slope preservation zones, historic sites, wetlands, designated
floodways, land below the ordinary high water level of public waters,
and other unbuildable areas.
Subp. 14. Building. A structure with two or more outside rigid walls
“Building” - New definition is based on FEMA
and a fully secured roof, that is affixed to a permanent site.
NFIP Standard Flood Insurance Policy
definition – to distinguish “building” from
Subp. 15. Certificate of compliance. "Certificate of compliance" means
“picnic shelter.”
a document, written after a compliance inspection, certifying that
development is in compliance with applicable requirements at the time
of the inspection.
Subp. 16. Commissioner. "Commissioner" means the commissioner of
natural resources or his or her designee.
Subp. 17. Conditional use. "Conditional use" has the meaning given
under Minnesota Statutes, chapters 394 and 462
Subp. 18. Conservation easement. "Conservation easement" has the
meaning given under Minnesota Statutes, chapter 84C.
Subp. 19. Conservation design. "Conservation design" means a pattern
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of subdivision that is characterized by the grouping of lots within a
portion of a parcel, where the remaining portion of the parcel is
permanently protected as open space.
Subp. 20. Conventional subdivision. "Conventional subdivision" means
a pattern of subdivision that is characterized by lots that are spread
regularly throughout a parcel in a lot and block design.
Subp. 21. Deck. "Deck" means a horizontal, unenclosed, aboveground
level structure, with or without attached railings, seats, trellises, or
other features, attached or functionally related to a principal use or
site.
Subp. 22. Developer. "Developer" has the meaning given under Local governments asked for clarification on
which actions fall under “discretionary
Minnesota Statutes, section 116G.03.
actions.” This definition has been clarified:
Subp. 23. Development. "Development" has the meaning given under
only land use actions that pertain to the
Minnesota Statutes, section 116G.03
MRCCA rules are covered.
Subp. 24. Discretionary action. "Discretionary action" means an action
under these MRCCA rules related to land use that requires a public
hearing, such as preliminary plats, final subdivision plats, planned unit
developments, conditional use permits, interim use permits, variances,
appeals, and rezonings.
Subp. 25. Dock. "Dock" has the meaning given under chapter 6115.
Subp. 26. Ecological functions. “Ecological functions” means the
functions of vegetation in stabilizing soils, retaining and filtering runoff,
providing habitat and recharging groundwater.
Subp. 27. Electric power facilities. "Electric power facilities" means
equipment and associated facilities for generating electric power or
devices for converting wind energy to electrical energy as identified
and defined under Minnesota Statutes, chapter 216E.
Subp. 28. Essential services. "Essential services" means underground or
overhead gas, electrical, communications, steam, or water distribution,
collection, supply, or disposal systems, including stormwater. Essential
services include poles, wires, mains, drains, pipes, conduits, cables, fire
alarm boxes, traffic signals, hydrants, navigational structures, aviation
safety facilities or other similar equipment and accessories in
conjunction with the systems. Essential services do not include
buildings, wastewater treatment works as defined in Minnesota
Statutes, chapter 115, or electrical generation and transmission
services.
Subp. 29. Feedlot. "Feedlot" has the meaning given for animal feedlots
under chapter 7020.
Subp. 30. Floodplain. "Floodplain" has the meaning given under
chapter 6120.
Subp. 31. Historic site. "Historic site" means an archaeological site,
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standing structure, site, district, or other property that is:
A.listed in the National Register of Historic Places or the State
Register of Historic Sites or locally designated as a historic site;
B.determined to meet the criteria for eligibility to the National
Register of Historic Places or the State Register of Historic Sites
after review by the state archeologist or the director of the
Minnesota Historical Society; or
C.an unplatted cemetery that falls under the provisions of
Minnesota Statutes, chapter 307.
Subp. 32. Impervious surface. "Impervious surface" means a
constructed hard surface that either prevents or retards the entry of Local governments asked for clarification on
what surfaces were considered “impervious”.
water into the soil and causes water to run off the surface in greater
quantities and at an increased rate of flow than prior to development.
Examples include rooftops, decks, sidewalks, patios, parking lots,
storage areas, and driveways, including those with concrete, asphalt, or
gravel surfaces..
Subp. 33. Intensive vegetation clearing. "Intensive vegetation clearing"
means removal of trees or shrubs in a contiguous patch, strip, row, or
block.
Subp. 34. Interim use. "Interim use" has the meaning given under
Minnesota Statutes, chapters 394 and 462.
Subp. 35. Land alteration. "Land alteration" means an activity that
exposes the soil or changes the topography, drainage, or cross section
of the land, excluding gardening or similar minor soil disturbances.
Subp. 36. Local government. "Local government" means counties,
municipalities, and townships and all agencies, boards, commissions,
councils, and departments thereof.
Subp. 37. Lot. "Lot" has the meaning given under chapter 6120.
Subp. 38. Lot width. "Lot width" means the shortest distance between
lot lines measured at both the ordinary high water level and at the
required structure setback from the ordinary high water level for
riparian lots. For nonriparian lots, the lot width is the shortest distance
between side lot lines as measured at the midpoint of the longest axis
of the lot.
Subp. 39. Marina. "Marina" has the meaning given under chapter 6115.
Subp. 40. Metropolitan urban service area. "Metropolitan urban
service area" means the area in which the Metropolitan Council
ensures that regional services and facilities under the council's
jurisdiction are provided.
Subp. 41. Mooring facility. "Mooring facility" has the meaning given
under chapter 6115.
Subp. 42. Native plantcommunity. "Native plantcommunity" means a
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a plant community that has been mapped as part of the Minnesota
Biological Survey or equivalent survey.
“Natural vegetation” is used in the vegetation
Subp. 43. Natural vegetation. "Natural vegetation" means any
and land alteration standards.
combination of ground cover, understory, and tree canopy that, while it
may have been altered by human activity, continues to stabilize soils,
retain and filter runoff, provide habitat and recharge groundwater.
Subp. 44. Nonconformity. "Nonconformity" has the meaning given
under Minnesota Statutes, chapters 394 and 462.
Subp. 45. Nonriparian lot. "Nonriparian lot" means a lot that does not
abut public waters.
Subp. 46. Off-premise advertising signs. "Off-premise advertising signs"
means those signs that direct attention to a product, service, business,
or entertainment venue that is not exclusively related to the premises
where the sign is located.
Subp. 47. Ordinary high water level. "Ordinary high water level" has
the meaning given under Minnesota Statutes, section 103G.005.
Subp. 48. Parcel. "Parcel" means a quantity of land capable of being
described with such definiteness that its location and boundaries may
be established, which is designated by its owner or developer as land to
be used or developed as a unit or which has been used or developed as
a unit.
Subp. 49. Patio. "Patio" means a constructed hard surface located at
ground level.
Picnic shelter is defined to distinguish it from
Subp. 50. Picnic shelter. “Picnic shelter” is a roofed structure open on
“building.” Picnic shelters may be placed
all sides, accessory to a recreational use.
within setbacks, but not in SIZ, BIZ or SPZ.
Subp. 51. Planned unit development. "Planned unit development"
means a method of land development that merges zoning and
subdivision controls, allowing developers to plan and develop a large
area as a single entity, characterized by a unified site design, a mix of
structure types and land uses, and phasing of development over a
number of years. Planned unit development includes any conversion of
existing structures and land uses that utilize this method of
development.
Subp. 52. Plat. "Plat" has the meaning given under Minnesota Statutes,
chapters 505 and 515B.
Subp. 53. Port. "Port" means a water transportation complex
established and operated under the jurisdiction of a port authority
according to Minnesota Statutes, chapter 458.
Subp. 554. Primary conservation areas. "Primary conservation areas"
The purpose of defining “primary
means key resources and features, including shore impact zones, bluff
conservation areas” is to clearly identify key
impact zones, slope preservation zones, floodplains, wetlands, gorges, resources and features to protect as land is
developed or redeveloped. The term is used in
areas of confluence with key tributaries, natural drainage routes,
several parts of the rules, including the
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unstable soils and bedrock, significant existing vegetative stands, tree
standards for subdivision and open space, to
ensure that key resources and features are
canopies, native plant communities, public river corridor views, other
given priority consideration for protection as
scenic views and vistas, and cultural and historic sites and structures.
open space.
Subp. 55. Professional engineer. "Professional engineer" means an
engineer licensed to practice in Minnesota.
Subp. 56. Project area. "Project area" means a parcel in its entirety as
proposed for development.
Subp. 57. Public recreational facilities. "Public recreational facilities"
means recreational facilities provided by the state or a local
government or dedicated to public use, including scenic overlooks,
observation platforms, trails, docks, fishing piers, picnic shelters, water
access ramps, and other similar water-oriented public facilities used for
“Public river corridor views” is a new
recreation.
definition used in standards that encourage
identification and protection of key views of
Subp. 58. Public river corridor views. “Public river corridor views”
the corridor.
means views toward the river from public parkland and views toward
bluffs from the ordinary high water level of the opposite shore, as seen
during the summer months.
Subp. 59. Public transportation facilities. "Public transportation
facilities" means all transportation facilities provided by the state or a
local government or dedicated to public use, such as roadways, transit
facilities, railroads, and bikeways.
Subp. 60. Public utilities. "Public utilities" means electric power
facilities, essential services, and transmission services.
Subp. 61. Public waters. "Public waters" has the meaning given under
Minnesota Statutes, section 103G.005.
Subp. 62. Readily visible. "Readily visible" means land and
“Readily visible” provides a performance
development that is easily seen from the ordinary high water level of
standard in response to requests by local
the opposite shore during summer months.
governments and other stakeholders to
clarify visual standards.
Subp. 63. Resource agency. "Resource agency" means any federal,
state, regional or local agency that engages in natural or cultural
resource protection or restoration activities, including planning,
“Resource agency” is a new definition – the
implementation and monitoring.
term is used in the text.
Subp. 64. Retaining walls. "Retaining walls" means vertical or nearly
vertical structures constructed of mortar and rubble masonry, rock, or
stone regardless of size, vertical timber pilings, horizontal timber planks
with piling supports, sheet pilings, poured concrete, concrete blocks, or
other durable materials.
Subp. 65. Riparian lot. "Riparian lot" means a lot that abuts public
waters.
Subp. 66. Riprap. "Riprap" means coarse stones, boulders, cobbles,
broken rock or concrete, or brick materials placed or constructed to
armor shorelines, streambeds, bridge abutments, pilings and other
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shoreline structures against scour, water or ice erosion.
Subp. 67. River-dependent commercial and industrial use. "River-
dependent commercial and industrial use" means use of land for
commercial or industrial purposes, where access to and use of a surface
water feature is an integral part of the normal conductance of business,
such as barge facilities, ports, and marinas.
“Selective vegetation removal” - new term
Subp. 68. Selective vegetation removal. “Selective vegetative removal”
used in the vegetation management
means the removal of individual trees or shrubs that are not in a
standards.
contiguous patch, strip, row, or block and that does not substantially
reduce the tree canopy or understory cover.
Subp. 69. Setback. "Setback" means a separation distance measured
horizontally.
Subp. 70. Shore impact zone. "Shore impact zone" means land located
between the ordinary high water level of public waters and a line
parallel to it at a setback of 50 percent of the required structure
setback or 50 feet landward of the ordinary high water level in areas of
agricultural use.
Subp. 71. Shoreline facilities. "Shoreline facilities" means facilities that
require a location adjoining public waters for ingress and egress,
Shoreline facilities are river-dependent and
loading and unloading, and public water intake and outflow, such as
need a riverfront location, consistent with the
barge facilities, port facilities, commodity loading and unloading
economic purposes of the river corridor as
equipment, watercraft lifts, marinas, short-term watercraft mooring
described in EO 79-19. The term is used in
facilities for patrons, and water access ramps. Structures that would be
several parts of the draft rules, including the
enhanced by a shoreline location, but do not require a location
design standards for river-dependent
adjoining public waters as part of their function, are not shoreline
commercial and industrial uses, and the list of
facilities, such as restaurants, bait shops, and boat dealerships.
exceptions to OHWL setbacks.
Subp. 72. Shoreline recreational use area. "Shoreline recreational use
area" means the area within the shore impact where natural vegetation
may be cleared for recreational purposes.
Subp. 73. Slope preservation zone. "Slope preservation zone" means
land on and within 20 feet of a very steep slope.
Subp. 74. Steep slope. "Steep slope" means a natural topographic
feature with an average slope of 12 to 18 percent, measured over a
horizontal distance equal to or greater than 50 feet.
Subp. 75. Storm water. "Storm water" has the meaning given under
chapter 7090.
Subp. 76. Structure. "Structure" means a building, sign, or
appurtenance thereto, except for aerial or underground utility lines,
such as sewer, electric, telephone, telegraph, or gas lines, including
towers, poles, and other supporting appurtenances.
Subp. 77. Subdivision. "Subdivision" has the meaning given under
Minnesota Statutes, chapter 462.
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Subp. 78. Subsurface sewage treatment system. "Subsurface sewage
treatment system" has the meaning given under chapter 7080.
Subp. 79. Toe of the bluff. See under “Bluff”.
Subp. 80 Toe of the slope. See under “Slope”
Subp. 81. Top of the bluff. See under “Bluff”.
Subp. 82. Top of the slope. See under “Slope”
Subp. 83. Transmission services. "Transmission services" means:
A.electric power lines, cables, pipelines, or conduits that are: (1)
used to transport large blocks of power between two points, as
identified and defined under Minnesota Statutes, chapter 216;
and (2) for mains or pipelines for gas, liquids, or solids in
suspension, used to transport large amounts of gas, liquids, or
solids in suspension between two points; and
B.telecommunication lines, cables, pipelines, or conduits.
Subp. 84. Variance. "Variance" has the meaning given under Minnesota
Statutes, chapters 394 and 462.
Subp. 85. Very steep slope. "Very steep slope" means a natural
topographic feature having all of the following characteristics:
A.the slope rises at least ten feet above the ordinary high water
level or toe of the slope. For the purposes of this subpart, “toe
Protection of slopes over 18% was required by
of the slope” means the lower point of the lowest horizontal
EO 79-19.
ten-foot segment with an average slope exceeding 18 percent;
and
B.the grade of the slope from the ordinary high water level or toe
of the slope to the top of the slope averages 18 percent or
greater. For the purposes of this subpart, "Top of the slope"
means the higher point of the highest horizontal ten-foot
segment with an average slope exceeding 18 percent
Subp. 86. Water access ramp. "Water access ramp" means a boat
ramp, carry-down site, boarding dock, and approach road, or other
access that allows launching and removal of a boat, canoe or other
watercraft with or without a vehicle and trailer.
Subp. 87. Water-oriented accessory structure. "Water-oriented
“Water-oriented accessory structures”
accessory structure" means a small building or other improvement,
identifies structures that are commonly
except stairways, fences, docks, and retaining walls that, because of the
constructed closer to the river than most
relationship of its use to public waters, reasonably needs to be located
structures. These types of accessory
closer to public waters than the normal structure setback. Examples
structures are listed as an exception to OHWL
include gazebos, screen houses, fish houses, pump houses, and
setbacks in the dimensional standards.
detached decks and patios.
Subp. 88. Wetlands. "Wetlands" has the meaning given under
Minnesota Statutes, section 103G.005.
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Subp. 89. Wharf. "Wharf" has the meaning given under chapter 6115.
PART 6106.0060 ADMINISTRATION OF PROGRAM
This part lays out the specific roles,
responsibilities, and procedures for
administering the rules. Many provisions are
relatively unchanged from MS 116G.15, EO
79-19 and/or MR 4410.
Subpart 1. Purpose, terms, and time frames. This part establishes the
This subpart clarifies which plans and
ordinances are affected by these rules, the
roles, responsibilities, and authorities for administration of these
role that underlying zoning plays, and the
MRCCA rules. For the purposes of this part and part 6106.0070:
timeframes for specific actions.
A.the terms "plan," "ordinance," and "plan and ordinance" mean
“Plans” refer to only those elements of each
Mississippi River Corridor Critical Area plans and ordinances,
city’s comprehensive plan (or stand-alone
and updates or amendments to plans and ordinances, prepared
plan) that deal with land use in the MRCCA.
to implement the MRCCA rules; and
“Ordinances” are those ordinances that
specifically regulate land use activity within
B.time frames are measured in calendar days.
the MRCCA.
This clarification in timeframes was requested
by local governments.
Subp. 2. Responsibilities and authorities. The standards and criteria for This subpart explains the roles and
responsibilities of the DNR, the Metropolitan
the Mississippi River Corridor Critical Area established in these MRCCA
Council, and local units of government. These
rules must be adhered to by:
three bodies have distinct responsibilities
A.the commissioner for reviewing and approving plans and
related to plans, ordinances and discretionary
ordinances and reviewing discretionary actions;
actions. (Discretionary actions refer to actions
requiring a public hearing.) This is unchanged
B.the Metropolitan Council for reviewing plans and commenting
from EO 79-19.
on ordinances;
Metro Council preference is to focus on plans,
C.local governments when preparing, updating, or amending plans
not ordinances. This draft includes some
and ordinances and reviewing and approving discretionary
changes intended to simplify the review
process and reduce the time required.
actions; and
Change to MS 116G will be needed to
D.state and regional agencies for permit regulation and plan
implement these.
development within an agency's jurisdiction, and compliance
with zoning regulations of local governments.
Subp. 3. Substantial compliance. Local governments within the
This subpart states that local governments
are responsible for implementing these rules
Mississippi River Corridor Critical Area must adopt, administer, and
on the ground. This is unchanged from EO 79-
enforce plans and ordinances in substantial compliance with these
19.
MRCCA rules. Plans and ordinances must be submitted to the
The concept of “substantial compliance” is
Metropolitan Council and the commissioner for review and must be
new to the MRCCA and provides local
approved by the commissioner before they are adopted as provided
governments with flexibility to negotiate
under subpart 11.
methods that satisfy the purpose of the rules
without being in strict conformance with the
rules. The method for pursuing flexibility is
covered in part 6106.0070, Subp 6.
The flexibility approach is used in the
shoreland rules.
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Subp. 4. Greater restrictions.
This subpart clarifies that local governments
may adopt regulations that are stricter than
Nothing in these MRCCA rules shall be construed as prohibiting or
the rules. This clarification was sought by
discouraging a local government from adopting and enforcing plans and
local governments and other stakeholders.
ordinances that are more restrictive than the rules.
Subp. 5. Duties of commissioner. The commissioner must:
This subpart details the specific duties ofthe
DNR in administering the rules.
A.consult with the United States Army Corps of Engineers,
National Park Service, Metropolitan Council, and other agencies
This item states that the DNR must consult
and local governments to ensure that the Mississippi River
with other agencies and LGUs to ensure the
Corridor Critical Area is managed as a multipurpose resource
corridor is managed as a multipurpose
consistent with the purposes of these MRCCA rules as stated in
resource.
part 6106.0020 and Minnesota Statutes chapter 116G.15, subd.
2;
B.provide advice and assistance to local governments and
Item B outlines how the DNR will assist local
agencies in the Mississippi River Corridor Critical Area during the
governments in complying with the rules.
development, adoption, administration, and enforcement of
plans and ordinances, consistent with the purposes in part
6106.0020;
C.be the lead agency to coordinate the preparation, submission,
The ordinance review process is now covered
review, and modification of plans and ordinances that are
under part 6106.0070.
prepared by local governments as provided under 6106.0070.
The optional activities in this subpart have
D.review and approve final draft plans and ordinances before
been deleted because these need not be
adoption by a local government as provided under part
included in rule.
6106.0070; and
E.consult with agencies identified in subpart 9 to ensure that the
agencies administer lands and programs under the agencies'
jurisdictions consistent with these MRCCA rules.
Subp. 6. Duties of Metropolitan Council. The Metropolitan Council
Duties of the Metropolitan Council are
described in this subpart. The Met Council is
must:
responsible for reviewing plans and
A.incorporate the standards and criteria in parts 6106.0010 to
ordinances and providing recommendations
6106.0150 into the council's planning processes;
to the DNR for approval of plans and
ordinances. The Met Council prefers to focus
B.work with local governments and the commissioner to ensure
on plan review rather than ordinance review.
that the standards and criteria in these MRCCA rules are being
adopted and implemented; and
C.coordinate with the commissioner on review of plans and
commenting on ordinances that are prepared by local
governments as provided under subpart 7
Subp. 7. Duties of local governments. Local governments must: This subpart outlines LGU responsibilities:
Updating plans and policies for
A.prepare or amend plans and ordinances to meet or exceed the
consistency with the rules.
minimum standards and criteria in these MRCCA rules and as
provided under part 6106.0070;
Updating ordinances for consistency with
the rules
B.submit proposed plans and ordinances that affect lands within
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the boundaries of the Mississippi River Corridor Critical Area to
Reviewing and approving discretionary
actions consistent with their ordinance
the Metropolitan Council and the commissioner for review and
and plans.
approval by the commissioner, before adoption as provided
under part 6106.0070,subp. 3;
C.adopt, administer, and enforce plans and ordinances as
provided underpart 6106.0070,subp. 3;
Item D details the specific notification
D.send notice of public hearings to consider plans and ordinances
requirements.
and development requiring discretionary action affecting lands
within the boundaries of the Mississippi River Corridor Critical
Statutory change would be needed to change
Area to the following parties so that the parties receive the
notice requirement to 30 days.
notice at least 30 days before the public hearing:
DNR only needs the notice, and will ask for
(1)the commissioner, in a format prescribed by the
extra documents as needed.
commissioner, and;
(2)the National Park Service; and Notification of adjoining local governments
will only be required for conditional use
(3)for buildings exceeding height limits specified in part
processes and variances for buildings
6106.0120, as part of the conditional use permit or variance
exceeding height limits, not for all
process, adjoining local governments, including those with
development requiring discretionary action.
overlapping jurisdiction and those across the river; and
Notification within 10 days of action is
E.send notice of final decisions for actions under item D, including
required by MS 116G.15.
findings of fact, within ten days following the final decision, to
those parties listed under and in the manner prescribed by item
D.
Subp. 8. Duties of townships and counties.
This subpart applies to four townships
(Denmark, Grey Cloud Island, Nininger, and
A.According to subpart 7, townships must prepare or amend plans
Ravenna) and two counties (Washington and
and ordinances in substantial compliance with these MRCCA
Dakota) that have land use authority within
rules, under the authority of Minnesota Statutes, chapters 394,
the MRCCA. It describes the responsibilities
462, and 473.
and notification requirements of townships
and counties.
B.According to subpart 7,counties must prepare or amend plans,
and may prepare ordinances in substantial compliance with
these MRCCA rules under the authority of Minnesota Statutes,
chapters 394 and 473. If a county has adopted ordinances under
this part:
Township regulations must be at least as
(1)a township's plan and ordinances must be consistent with
restrictive as the counties they are in.
and at least as restrictive as the plan and ordinances adopted
Since a county and township may have
by the county in which the township is located as provided
concurrent or overlapping jurisdiction, a
under Minnesota Statutes, chapter 394;
township could adopt a county’s ordinance by
(2)a township must provide for administration and enforcement
reference.
of Mississippi River Corridor Critical Area ordinances; and
(3)a township may adopt a county's ordinances by reference.
Subp. 9. Duties of other agencies.
This subpart describes the duties for all
special units of government or government
An agency owning and managing lands within the Mississippi River
agencies. This is unchanged from EO 79-19,
Corridor Critical Area must manage the lands under the agency's
which states that agencies will comply with
ownership consistent with these MRCCA rules. For purposes of this
MRCCA requirements.
subpart, "agency" means the Metropolitan Airports Commission,
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University of Minnesota, Department of Natural Resources,
Metropolitan Council, Minneapolis Park and Recreation Board, Three
Does not include federal agencies and
Rivers Park District, Department of Transportation, Anoka-Ramsey
institutions over which the state has no
authority.
Community College, watershed management organizations as
established under Minnesota Statutes, chapter 103B, watershed
districts as established under Minnesota Statutes, chapter 103D, or any
other state or local general or special purpose unit of government.
PART 6106.0070 PREPARATION, REVIEW, AND APPROVAL OF PLANS AND
ORDINANCES
Subpart. 1. Purpose. The purpose of this part is to establish the
process, responsibilities, timeframes, content requirements, and
evaluation criteria for the preparation, review, and approval of plans
and ordinances, in order to ensure an efficient process aligned with
other regional and local planning processes.
Subp. 2. Adoption schedule.
This subpart clarifies that, once promulgated,
A.The commissioner and the Metropolitan Council will jointly
these rules won’t take effect immediately;
develop a notification schedule for local governments to
local governments won’t be required to
prepare or amend plans and ordinances to substantially comply
prepare or amend plans and ordinances until
with these MRCCA rules. The schedule will align as closely as
notified by DNR, and will be given a
possible with the comprehensive plan update process scheduled
reasonable amount of time to do so. Existing
under Minnesota Statutes, section 473.851 to 473.871.
local plans and ordinances remain in effect
until new plans and ordinances are approved
B.All plans and ordinances adopted by local governments
by the DNR.
pursuant to Executive Order 79-19 and chapters 6105 and 6120
that are in existence on the effective date of these MRCCA rules
remain in effect and must be enforced until plans and
ordinances are amended in substantial compliance with these
MRCCA rules, approved by the commissioner, and adopted by
the local government as provided under subpart 3.
Item C pertains to the cities of Brooklyn
C.Where a local government has not adopted plans and
Center and Hastings, which currently do not
ordinances, development must continue to be governed by the
have approved MRCCA ordinances in place
interim development regulations in Executive Order 79-19, until
and are subject to the interim development
such time as plans and ordinances that substantially comply
regulations in EO-79-19.
with these MRCCA rules are approved by the commissioner and
adopted by the local government as provided under subpart 3.
D.The adoption of plans and ordinances in substantial compliance
Item D clarifies that land use applications and
with these MRCCA rules does not in any way limit or modify the
projects approved by a local government
rights of a person to complete a development that is authorized
prior to the adoption of ordinances for
as provided under Minnesota Statutes, section 116G.13.
compliance with this rule may be completed
as approved.
Subp. 3. Plan and ordinance review.
A.Within one year of notification from the commissioner under
subpart 1, local governments must prepare or amend plans and
ordinances to substantially comply with these MRCCA rules. The
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commissioner may grant extensions to local governments if
requested in writing and if the local government is making a
good faith effort to meet the submittal deadline. The extension,
if granted, must include a timetable and plan for completion of
the ordinance.
B.Local governments must formally submit drafts of plans and
ordinances to the commissioner and the Metropolitan Council
for concurrent review, for review in a format prescribed by the
Metropolitan Council staff suggests
commissioner.
concurrent submittals (currently submitted
first to Met Council). This would require a
C.Local governments may propose ordinance standards that are
change to MS 116G to take effect.
not in strict conformity with these MRCCA rules, as provided
under subpart 6. If ordinances prepared under item B refer to
standards in underlying zoning, then the underlying zoning
See cross-reference to flexibility procedures
(subpart 6).
documents must be submitted and considered in combination
with the ordinance, and together must substantially comply
To adequately review ordinances, underlying
with these MRCCA rules. zoning needs to be documented
D.Within 60 days of receiving draft plans and ordinances from
The 60-day and 30-day time frames are
local governments as provided under item A, the commissioner
suggested for coordinated review. 60-day
and the Metropolitan Council must review the plan or ordinance
period is consistent with requirements for
and communicate a decision to the local government.
LGUs under MS 15.99.
The Metropolitan Council must submit its comments to the
(1)
commissioner within (30) days. The commissioner will have
(30)days to complete the review, takinginto account the
comments submitted by the Metropolitan Council.
Plans must be reviewed for consistency with these MRCCA
(2)
rules and regional systems and policies as specified in MS
473.859. The Metropolitan Council must review and
Metro Council roles are adjusted per their
input in order to clarify time frames and
comment on the plan regarding consistency with the
coordination.
council’s comprehensive development guide for the
metropolitan area.
Ordinances must be reviewed for consistency with these
(3)
MRCCA rules and with comprehensive plans adopted by
local governments.
E.Upon completing the review, the commissioner must take one
of the following two actions and provide a copy of the decision
to the Metropolitan Council and the National Park Service:
approve the draft plans and ordinances by written decision
(1)
and notify the local government; or
return the draft plans and ordinances to the local
(2)
government for modification, with a written explanation of
the need for modification.
F.When the commissioner returns a draft plan and ordinances to
the local government for modification, the local government
must revise the draft plan and ordinances within 60 days of
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receipt of the commissioner’s written explanation, and must
resubmit the revised draft plan and ordinances to the
commissioner. Upon receiving the revised draft plan and
ordinances from the local government, the commissioner and
the Metropolitan Council must conduct the review as provided
under item D.
The commissioner may grant extensions to local
(1)
governments if requested in writing and if the local
government is making a good faith effort to meet the
submittal deadline. The extension, if granted, must include
a timetable and plan for completion of the ordinance.
G.Within 60 days of receiving the commissioner's approval of a
draft plan or ordinance, the local government must adopt the
commissioner-approved draft plan and ordinances and submit a
copy of the final adopted plan and ordinances, with evidence of
adoption, to the commissioner, the Metropolitan Council, and
the National Park Service.
H.Only those plans and ordinances approved by the commissioner
shall have the force and effect of law.
I.Once in effect, the local government must implement and
enforce the commissioner-approved plans and ordinances.
J.If a local government fails to prepare and submit a draft plan
and ordinances within one year of notification as provided
under item A, fails to incorporate modifications that are
acceptable to the commissioner as provided under item E(2), or
fails to adopt commissioner-approved plans or ordinances as
provided under item H, the commissioner must:
prepare plans and ordinances in substantial compliance
(1)
with these MRCCA rules within 90 days of the deadline for
preparation or adoption of plans and ordinances as
provided under items A to E or the end date of an extension
of time approved by the commissioner as provided under
item D;
conduct a public hearing as provided by Minnesota
(2)
Statutes, chapter 14, and other statutes as applicable;
within 60 days of the conclusion of the public hearing,
(3)
adopt the plans and ordinances for the local government's
portion of the Mississippi River Corridor Critical Area by
written order; and
give notice of the adopted plans and ordinances to the
(4)
affected local government, the Metropolitan Council, and
the National Park Service.
K.Plans and ordinances that have been adopted by the
commissioner apply and have the same effect as if adopted by
the local government and must be administered and enforced
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by the local government.
L.Local governments may amend plans and ordinances at any
Item M was added to ensure that MRCCA
time following the procedures detailed in items C through I
plans are updated regularly and are
above.
considered and better integrated with other
M.Plans must be updated regularly on the same schedule as other
comprehensive plan elements that are being
comprehensive plan elements according to Minnesota Statutes,
updated every 10 years (i.e. land use,
transportation, etc.) .
chapter 473.
Subp. 4.Contents of plans.
This subpart identifies the specific elements
A.The plan must be a component of the local government's
to be included in each LGU MRCCA Plan.
comprehensive plan prepared according to Minnesota Statutes,
Requirement to prepare the plan is in Subp.
chapter 473.
3.A above.
B.Plans must contain maps, policies, and implementation
provisions to:
(1)identify and protect primary conservation areas;
(2)identify areas that are priorities for restoration of natural
Priorities for restoration will be considered as
vegetation, erosion prevention, bank stabilization, or other
part of the subdivision, PUD, and
restoration activities;
redevelopment process as outlined in part
(3) minimize potential conflict of water surface uses as
6106.0170.
provided under Minnesota Statutes, chapter 86B;
(4)provide for commercial barge terminals, barge fleeting, and
recreational marinas, where appropriate and if applicable;
(5)provide for future commercial and industrial uses that
require water access;
(6)provide for the creation and maintenance of open space
and recreation facilities, including parks, scenic overlooks,
natural areas, islands, and wildlife areas;
(7)identify potential public access points and trail locations;
and
(8)provide for transportation and public utility development in
a manner consistent with these MRCCA rules.
Subp. 5. Contents of ordinances. Thissection outlineswhat must be included in
local ordinances. Requirements on how the
A.Local ordinances must substantially comply with the standards
ordinance is structured as an overlay district
in these MRCCA rules and must include:
means that enough information will be
(1)definitions consistent with those in part 6106.0050;
provided for assessment of changes in
(2)administrative provisions consistent with those in part
underlying zoning.
6106.0080;
(3)minimum standards and criteria consistent with those in
part 6106. 0110 through 6106.0170;
B.The local ordinance must be structured as an overlay district. If
a conflict exists with underlying zoning, the provisions of the
overlay district shall govern. Where the underlying zoning
standards apply (e.g., height in some districts) those standards
must be referenced in the overlay district. Where specific
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dimensions are listed in part 6106.0120, those dimensions must
be included in the overlay district.
Subpart 6. Flexibility requests for ordinances.
This provision, along with subpart 3, provides
A.Local governments may, under special circumstances and with
flexibility to local governments to adopt
the commissioner's prior approval, adopt ordinances that are
ordinances that deviate from the rules for
not in strict conformity with these MRCCA rules, if the purposes
special circumstances. Flexibility was
of Minnesota Statutes, section 116G.15, are satisfied, and the
requested by local governments to propose
ordinance is consistent with the plan prepared by the local
their own ordinances to meet the intent of
government. Special circumstances may include the following
the MRCCA
situations:
areas where existing urban, residential, commercial or
(1)
industrial development patterns have been in place for
many years and much of the development does not meet
the minimum state standards;
designation of areas where standards are more restrictive
(2)
than minimum state standards as trade-offs for other areas
where they are less restrictive;
the requirements of development, redevelopment,
(3)
stormwater, parks and other specific plans that are part of
an approved comprehensive plan; and
existing or planned wastewater, stormwater, water supply
(4)
and/or utility facilities and similar physical or infrastructural
constraints.
B.A local government requesting ordinance flexibility must submit
the following items to the commissioner as part of the
ordinance submittal required under subpart 2:
a detailed description of the proposed alternative standards
(1)
that are not in strict conformity with a demonstration that
the alternative standards are consistent with the policies,
purposes, and scope of this chapter according to these
MRCCA rules;
a description of the special circumstances that justify the
(2)
use of alternative standards;
input from adjoining local governments, including those
(3)
with overlapping jurisdiction and those across the river, and
the public potentially affected by the alternative standards;
and
supporting information, maps, and documents, as
(4)
appropriate, to explain the request to the commissioner.
C.Within 60 days of receiving a complete request for ordinance
flexibility as provided in item B, the commissioner must:
(1)evaluate the request based on:
a)the extent to which alternative standards satisfy the
purposes of Minnesota Statutes, Chapter 116G, and
the policies, purposes and scope of this chapter;
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b)the likely impact on primary conservation areas and ;
and public river corridor views; and
c)the opportunities for mitigation techniques that
address any adverse impacts.
(2)Approve or deny the request, state in writing to the local
government the reasons for the approval or denial, and, as
appropriate, suggest alternative solutions or regulatory
approaches that would be acceptable to the commissioner.
Subpart 7. Plans and projects of state and regional agencies.State This subpart was added to clarify that state
agencies must comply with these rules.
and regional agencies owning and managing lands within the
Mississippi River Corridor Critical Area must comply with the standards
in these MRCCA rules and with local government ordinances. Agencies
must include the following elements in their plans and project designs
for parks and other protected lands:
A.standards for public utilities and facilities consistent with the
standards in part 6106.0130; and
B.provisions for protection of primary conservation areas and
public river corridor views.
PART 6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES
This part was added to improve rule
organization and provide a logical sequence
Subpart 1. Purpose. The purpose of this part is to identify
of requirements for local ordinances.
administrative provisions that must be included in local ordinances to
ensure that ordinances are administered consistent with the purpose of
these MRCCA rules.
Subp. 2. Variances.
Requiring mitigation is an option for local
government where warranted; however, if an
A.A local government must consider applications for variances
impact is determined, mitigation must be
consistent with Minnesota Statutes, chapters 394 and 462. In
required.
addition, the local government’s review must consider potential
impacts on primary conservation areas and other resources
identified in local governments’ plans.
B. If a local government determines that a variance would affect
primary conservation areas or other identified resources, it
must require mitigation proportional to the effect of the
requested variance on the affected resource as provided in
subpart 5.
Subp. 3.Nonconformities.
A. The purpose of this subpart is to allow uses and structures that
came into existence legally, in conformance with then-
applicable requirements, to continue to exist and be put to
productive use.
B. Nonconformities are regulated by local governments consistent
with Minnesota Statutes, chapters 394 and 462.
C. Local governments may choose to allow expansion of legally
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nonconforming principal structures that do not meet the
setback requirements in part 6106.0120, provided that such
expansion does not extend further into setbacks required by
these MRCCA rules.
D. New structures erected in conformance with the setback
averaging provisions of part 6106.0120, subp. 3.D are
considered to be in conformance with local ordinance
requirements.
E. Site alterations that were made legally prior to the effective
date of local ordinances adopted under this rule are not
considered nonconformities.
Subp. 4. Conditional and interim use permits. The rules require a CUP or IUP formining,
cellular towers, facilities to accommodate
A.In addition to meeting the requirements of Minnesota Statutes,
disabilities, and buildings exceeding height
chapters 394 and 462, a local government’s review of
limits in some districts. This subpart also
conditional and interim uses must consider potential impacts
applies to activities that LGUs regulate
on primary conservation areas and other resources identified in
through their required CUPs and IUPs.
local governments’ plans.
B.When evaluation and assessment identify an impact under item
A, then the issuance of a conditional or interim use permit
include conditions for mitigation according to subpart 5.
C.Interim use permits must require compliance with plans and
ordinances adopted under this part.
Subp. 5.Mitigation.
This subpart clarifies when mitigation is
required.
A.When a local government identifies a potential negative impact
to primary conservation areas and other resources identified in
the local government’s plan, it must require mitigation for:
(1)a variance granted to ordinances adopted under these
MRCCA rules; and
(2)a conditional or interim use permit granted pursuant to
ordinances adopted under these MRCCA rules.
B.Mitigation must be proportional to the impact of the project on
Local government may determine
primary conservation areas and other resources identified in
appropriate mitigation.
local governments’ plans.
Subp. 6. Site plans.
This subpart lists what should be included in
plan sets to support decision-making on
A.Site plans are required for development within the Mississippi
discretionary actions such as subdivisions,
River Corridor Critical Area that requires discretionary action or
PUDs, CUPs, IUPs and for specific permits
that requires a permit under these MRCCA rules.
required by these rules – for vegetative
removal, land disturbance, or work in the BIZ,
B.In addition to local requirements, site plans must include, at a
SIZ, or SPZ
minimum:
(1)a detailed description of the project, including how the
project complies with the plans and ordinances adopted
under this part; and
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(2)scaled mapping, dimensional renderings, plans,
maintenance agreements, and other materials that identify
and describe the following and demonstrate compliance
with plans and ordinances, as applicable:
a)primary conservation areas; including native plant
communities;
b)buildable area;
c)existing and proposed topography and drainage
patterns;
d)proposed storm water and erosion and sediment
control practices;
e)existing and proposed vegetation to be removed and
established;
f)ordinary high water level, blufflines, and all required
setbacks;
g)existing and proposed structures;
h)existing and proposed impervious surfaces; and
i)existing and proposed subsurface sewage treatment
systems.
Subp. 7. Accommodating disabilities. Ramps or other facilities to
This subpart outlines exceptions to the
standards to accommodate people with
provide persons with disabilities reasonable access to their property, as
disabilities through an IUP to allow for ADA
required by the federal Americans with Disabilities Act and the federal
compliance without needing to go through
Fair Housing Act and as provided by chapter 1341, are allowed by
the variance process.
interim use permit, subject to the following standards:
A.parts 6106.0120 to 6106. 0170 must be complied with to the
maximum extent practicable; and
B.the interim use permit expires and the ramp or other facilities
must be removed once the property is no longer primarily used
by persons with disabilities.
PART 6106.0090 INCORPORATIONS BY REFERENCE
These resources are included in this part to
For purposes of these MRCCA rules, the following documents are
help local governments comply with the rules
incorporated by reference, are subject to frequent change, and are
using current best practice guidance.
available through the Minitex interlibrary loan system:
A.The Minnesota Stormwater Manual, Minnesota Pollution
Control Agency (2013) and as subsequently amended);
B.Protecting Water Quality in Urban Areas; Stormwater Best
Management Practices Manual, Minnesota Pollution Control
Agency (2000 and as subsequently amended);
C.Conserving Wooded Areas in Developing Communities: Best
Management Practices in Minnesota; Minnesota Department of
Natural Resources (2000 and as subsequently amended);
D.Design Handbook for Recreational Boating and Fishing Facilities,
State Organization for Boating Access (2006 and as
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subsequently amended);
E.Trail Planning, Design, and Development Guidelines, Minnesota
Department of Natural Resources (2007 and as subsequently
amended);
F.Mississippi River Corridor Critical Area District Map, Minnesota
Department of Natural Resources (2014 and as subsequently
amended);
G.Mississippi National River and Recreation Area Visual Resources
Protection Plan, National Park Service (2014 and as amended);
and
H.Native Vegetation Establishment and Enhancement Guidelines,
Minnesota Board of Water and Soil Resources (2012 and as
subsequently amended).
PART 6106.0100 DISTRICTS This part establishes new districts as required
by MS, chapter 116G.15. Six districts are
Subpart 1. Establishment of districts. For purposes of these MRCCA
provided in this part. These districts have
rules, six districts are established, as described in this part. It is
been revised to incorporate feedback from
intended that all districts protect and enhance the resources and
LGUs and other stakeholders. The
features identified in Minnesota Statutes, section 116G.15.
dimensional standards covered in Part
6106.0120 vary by district. Subparts 2-8
below describe each district.
Subp. 2. Rural & Open Space District (CA-ROS)
The most rural portions of the corridor and
public parkland in those areas are included in
A.The CA-ROS district is characterized by rural low density
the CA-ROS district.
development patterns and land uses, and includes land that is
riparian or visible from the river, as well as large, undeveloped
tracts of high ecological value, floodplain, and undeveloped
islands. Many primary conservation areas exist in this district.
B.The CA-ROS district must be managed to sustain and restore the
rural and natural character of the corridor, and to protect and
enhance existing habitat, public river corridor views, and scenic,
natural, and historic areas.
Subp. 4. River Neighborhood District (CA-RN)
CA-RN District: Developed residential lands
and existing/planned parkland that are visible
A.The CA-RN district is characterized by residential neighborhoods
from the river, or that abut riparian parkland,
that are riparian or readily visible from the river or that abut
for example, within the Mississippi Gorge.
riparian parkland.
These areas generally have consistent
building heights below 35 feet.
B.The CA-RN district must be managed to maintain the character
of the river corridor within the context of existing residential
development. Minimizing erosion and the flow of untreated
stormwater into the river and enhancing shoreline habitat are
priorities.
Subp. 5. River Towns & Crossings District (CA-RTC)
CA-RTC District: Historic downtown and river
crossing commercial areas, as well as existing
A.The CA-RTC district is characterized by historic downtown areas
institutional campuses.
and limited nodes of intense development at river crossings, as
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well as institutional campuses that predate designation of the
MRCCA and include taller buildings.
B.The CA-RTC district must be managed in a manner that allows
continued growth and redevelopment in historic downtowns
and more intensive redevelopment in limited areas at river
crossings to accommodate compact walkable development
patterns and connections to the river. Minimizing erosion and
the flow of untreated stormwater into the river, and providing
public access to and public views of the river are priorities in the
district.
Subp. 6. Separated from River District (CA-SR) CA-SR District: Land that is separated and not
visible from the river.
A.The CA-SR district is characterized by its physical and visual
distance from the river. It includes land separated from the river
by distance, development, or a transportation corridor. The land
in this district is not readily visible from the river but may be
visible from public land across the river.
B.The CA-SR district provides flexibility in managing development
without negatively affecting the key resources and features of
the river corridor.
Subp. 7. Urban Mixed District (CA-UM)
CA-UM District: Commercial, institutional,
and industrial mixed-use areas as well as
A.The CA-UM district includes large areas of highly urbanized,
existing/planned parklands.
mixed-use areas that are a part of the urban fabric of the river
corridor, including institutional, commercial, and industrial
areas.
B.The CA-UM district must be managed in a manner that allows
for future growth and potential transition of intensely
developed areas without negatively affecting public river
corridor views, and that protects bluffs, very steep slopes, and
floodplains. Restoring and enhancing bluff and shoreline
habitat, minimizing erosion and flow of untreated stormwater
into the river, and providing public access to and public views of
the river are priorities in this district.
Subp. 8.Urban Core District (CA-UC)
CA-UC District: Urban cores of Minneapolis
and St. Paul.
A.The CA-UC district includes the urban cores of Minneapolis and
St. Paul.
B.The CA-UC district shall be managed with the greatest flexibility.
Providing public access to and public views of the river is a
priority in the district.
Subp. 9. District boundaries.
This subpart describes the provisions to
A.The physical boundaries of each district are laid out in the
modify district boundaries administratively.
Mississippi River Corridor Critical Area District Map,
This was requested by local governments in
incorporated by reference under part 6106.0090. The
the 2009-2010 process since EO 79-19 does
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commissioner must maintain the map and may amend the map
not provide a mechanism for changing
boundaries.
as provided in item B.
B.The boundaries of a district established under item A may be
amended according to subitems (1) to (4).
(1)A local government or the Metropolitan Council must
submit a formal written request to the commissioner
requesting a district boundary amendment. The request
must:
a)be approved by the appropriate governing body;
b)identify proposed changes to plans and ordinances;
c)identify changes in land uses, infrastructure, or other
conditions that justify the proposed changes since
these MRCCA rules were adopted;
d)be consistent with local, regional, state, and federal
plans;
e)address potential negative impacts to primary
conservation areas and other resources and features
identified in local government plans.
f)contain a summary of feedback from affected parties
as provided under subitem (2).
(2)The local government or the Metropolitan Council
requesting the district boundary amendment must give
notice of the proposed district boundary amendment to
adjoining or overlapping local governments, the
Metropolitan Council, the commissioner, the National Park
Service, and property owners in the area directly affected by
the proposed district boundary amendment and publish
notice in an official newspaper of general circulation in the
area.
(3)Upon receiving a complete request for a district boundary
amendment as provided under subitem (1), the
commissioner has 60 days to approve or deny the request
or return the request for modification.
(4)The commissioner must consider the request and all items
submitted under subitem (1) and must, by written decision,
approve or deny the request or return the request for
modification. The decision must include findings that
address the consistency of the proposed district boundary
amendment with the purposes of these MRCCA rules.
C.This subpart does not apply to the river corridor boundary
established by Executive Order 79-19.
PART 6106.0110 USES
Subpart 1. Underlying zoning. Uses permissible within the Mississippi
This part describes how uses are regulated.
With a few exceptions, uses are regulated by
River Corridor Critical Area aregenerally determinedby the local
a local government’s existing or underlying
government's underlying zoning, with additional provisions for certain
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uses as specified by this part.
zoning. Subparts 2 – 7 describe six uses with
special considerations.
Subp. 2. Agricultural use. Where agricultural use is allowed by the local
government, perennial ground cover is required within 50 feet of the
ordinary high water level and within the bluff impact zone. Within the
slope preservation zone, a local government may allow row crops
subject to a conservation plan approved by the soil and water
conservation district board.
Subp. 3. Feedlots. New animal feedlots and manure storage areas are
prohibited. Existing animal feedlots and manure storage areas must
conform to the standards in chapter 7020.
Subp. 4. Forestry. Where forestry is allowed by the local government,
tree harvesting and biomass harvesting within woodlands, and
associated reforestation, must be conducted consistent with
recommended practices in Conserving Wooded Areas in Developing
Communities, Best Management Practices in Minnesota, incorporated
by reference under part 6106.0090.
Subp. 5. Aggregate mining and extraction. If allowed by the local
Mining, cellular towers, and disability
government, aggregate mining and extraction requires a conditional
accommodations are the only uses that
require a CUP or IUP in these rules.
use permit or interim use permit issued by the local government,
subject to the following:
A.new aggregate mining and extraction are prohibited within the
shore impact zone, slope preservation zone, bluff impact zone,
and within 40 feet of the bluffline;
B.processing machinery must be located consistent with setback
standards for structures as provided in part 6106.0120;
C.only one barge loading area, which must be limited to the
minimum size practicable, is permitted for each mining or
extraction operation;
D.new and, where practicable, existing aggregate mining and
extraction operations must be managed to minimize visibility
and must be screened by establishing and maintaining natural
screening devices. The unscreened boundaries of aggregate
mining and extraction areas are limited to only the barge
loading area;
E.a site management plan must be developed by the operator and
approved by the local government before new aggregate mining
and extraction commence. Operations must be consistent with
the site plan throughout the duration of operations at the site.
The site management plan must:
(1)describe how the site will be developed over time with an
emphasis on minimizing environmental risk to public
waters;
(2)explain where staged reclamation may occur at certain
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points during the life of the site; and
(3)address dust, noise, storm water management, possible
pollutant discharges, days and hours of operation, duration
of operation, any anticipated vegetation and topographic
alterations outside the pit, and reclamation plans consistent
with the stated end use for the land; and
F.existing and new aggregate mining and extraction operations
must submit land reclamation and reforestation plans to the
local government compatible with the purposes of these MRCCA
rules.
Subp. 6. River-dependent uses. By the nature of their use, river-
dependent uses, such as river-dependent commercial and industrial
MS 116G.15 provides for continued river-
uses, water supply facilities, wastewater treatment facilities, storm
dependent uses. This provision clarifies
water facilities, and hydropower facilities, cannot comply with all
standards for those uses in the immediate
shoreline setback standards under part 6106.0120, but must comply
riverfront area.
with items A to C.
A.Parking areas and structures, except shoreline facilities, must
Note also thedevelopment standards in part
meet the dimensional and performance standards in these
6106.0140.
MRCCA rules and must be designed to incorporate topographic
and vegetative screening.
B.Shoreline facilities must comply with chapter 6115 and must:
be designed in a compact fashion so as to minimize the
(1)
shoreline area affected; and
minimize the surface area occupied in relation to the
(2)
number of watercraft or barges to be served.
C.The placement of dredged material is allowed subject to existing
federal and state permit requirements and agreements.
Subp. 7. Cellular telephone towers. Cellular telephone towers require a
Cellular tower use moved from “Structure
conditional use permit or interim use permit issued by the local
Height Exemptions” since it must be treated
government, subject to the following:
as a required conditional/interim use.
A. The tower must not be located in the bluff impact zone, shore
impact zone, or slope preservation zone;
B.Placement of the tower must minimize interference with public
river corridor views; and
C.The applicant must demonstrate that functional coverage
cannot be provided through colocation, a tower at a lower
height, or a tower at a location outside the Mississippi River
Corridor Critical Area.
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PART 6106.0120 DIMENSIONAL STANDARDS
This part outlines standards for structure
height; setbacks from the water and bluff;
Subpart 1: Purpose. The purpose of this part is to establish
and lot area and width. These standards vary
dimensional standards that protect primary conservation areas from
by district.
impacts of development and ensure that new development is sited in
appropriate locations.
Subpart 2. Structure height.
This subpart defines the height standard for
each district.
A.Structures, including accessory structures, must be no taller
than the heights specified for each district:
(1)CA-ROS: 35 feet;
(2)CA-RN: 35 feet;
(3)CA-RTC: (48 - 56) feet, provided tiering of structures away
CA-RTC: Input requested! DNR is considering
from the Mississippi River and from blufflines is considered,
increasing height from 48’ to 56’ and adding
with lower structure heights closer to the river and
a CUP for taller buildings, based on LGU
blufflines and that structure design and placement
comments & redevelopment plans.
minimizes interference with public river corridor views.
Taller buildings may be allowed by conditional use permit,
as provided under item D.
(4)CA-SR: height is determined by the local government's
CA-SR: Input requested! This revision uses
underlying zoning, provided the structure’s height is
more general language, focusing on the
generally consistent with the height of existing surrounding
height of surrounding development rather
development as viewed from the ordinary high water level
than the treeline. Is this change justifiable
of the opposite shore;
and appropriate?
(5)CA-UM: 65 feet, provided tiering of structures away from
the Mississippi River and from blufflines is considered, with
CA-UM: Input requested! This draft adds a
lower structure heights closer to the river and blufflines,
CUP provision for taller buildings, based on
and that structure design and placement minimize
LGU comments / redevelopment plans.
interference with public river corridor views. Taller buildings
“Public river corridor views” is defined as (a)
may be allowed by conditional use permit, as provided
and (b).
under item D.
(6)CA-UC: height is determined by the local government's
underlying zoning, provided tiering of structures away from
the Mississippi River and blufflines is considered, with lower
structure heights closer to the river and blufflines, and
structure design and placement minimize interference with
Revision uses definition of height in
public river corridor views:
underlying zoning, provided it is measured on
B.For the purposes of this subpart, height must be measured on
the ‘river side’ of a structure.
the side of the structure facing the Mississippi River.
Item C refers to structures that are exempt
from the height limits. Exemptions have been
C.The height requirements in Item A do not apply to those
consolidated in Table 1 for ease of reference.
structures and facilities identified in Table 1, Exemptions,
New standards in D apply to taller buildings
meeting the requirements of part 6106.0130.
that may be allowed by conditional use, a
D.Standards and criteria for conditional use permits for taller
new provision in item A above. Input
buildings. Criteria for considering conditional use permits for
requested on CUP standards for taller
buildings exceeding the height limits in item A must include the
buildings.
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following:
(1)assessment of the visual impact of the proposed building on
public river corridor views, using the methodology set forth
in the Mississippi National River and Recreation Area Visual
Resources Protection Plan, incorporated by reference,
including public river corridor views from other
communities;
(2)identification of techniques to minimize the perceived bulk
of the proposed building, such as:
a)placing the long axis of the building perpendicular to
the river;
b)stepping back of portions of the façade;
c)narrowing the profile of upper floors of the building; or
d)increasing the setbacks of the building from the
Mississippi River and/or blufflines.
(3)identification of techniques for preservation of view
corridors identified in the local government’s plan; and
(4)opportunities for creation or enhancement of public river
corridor views.
Subp. 3. Location of structures.
This subpart describes the structure setbacks
A.Structures and impervious surfaces must not be located in the
in each district from the ordinary high water
shore impact zone and must meet the following setback
level of the Mississippi River and other rivers
requirement from the ordinary high water level of the
tributary to the Mississippi River in the
Mississippi River and other waters within the Mississippi River
MRCCA. It also clarifies that no structures are
Corridor Critical Area, as specified for each district:
allowed in the shore impact zone – while this
may seem obvious, since the shore impact
(1)CA-ROS: 200 feet from the Mississippi River and 150 feet
zone is half the specified setback distance,
from the Minnesota and Vermillion Rivers;
some LGUs requested clarity on what could
(2)CA-RN: 100 feet from the Mississippi River and 75 feet from
and could not be placed in the shore impact
the Rum River;
zone since it is not explicitly stated anywhere
(3)CA-RTC: 75 feet from the Mississippi River, Crow River and
in the rules. Table 1 also helps to clarify.
Rum River;
Structure setbacks from the OHWL vary by
(4)CASR: 75 feet from the Vermillion River;
district and river. Specific standards were
(5)CA-UM: 50 feet from the Mississippi and Rum Rivers;
derived from EO79-19, existing standards in
(6)CA-UC: underlying zoning; and
local government ordinances, and existing
(7)all other public waters within the Mississippi River Corridor
development patterns.
Critical Area are subject to underlying zoning.
Revision: setback for CA-UC not required. – no
setback was specified for the current Urban
B.Structures and impervious surfaces must not be located in the
Diversified district in EO 79-19.
bluff impact zone or the slope preservation zone and must meet
the following setback requirements from the bluffline and the
Item B lists the setbacks from bluffs in each
top of very steep slopes as specified for each district:
district, and also clarifies that no structures
(1)CA-ROS: 100 feet;
are allowed in bluff impact zones or slope
(2)CA-RN: 40 feet;
preservation zones.
(3)CA-RTC: 40 feet;
(4)CA-SR: 40 feet;
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(5)CA-UM: 40 feet; and
(6)CA-UC: 40 feet.
Item C refers to the table of exemptions from
C.The structure location requirements in items A and B do not
height and setback requirements, SIZ, BIZ,
apply to those structures and facilities listed in Table 1 as
and SPZ. It includes many items requested by
exempt from these requirements.
local governments.
D.Where principal structures exist on the adjoining lots on both
sides of a proposed building site, the minimum setback may be
Item D allows for setback averaging in
altered to conform to the adjoining setbacks, provided that the
developed areas. This will reduce
new structure's height, area, and width riverward or bluffward
nonconformities in developed areas.
of the setbacks required under items A and B are compatible
with adjoining development. No structures or impervious
surfaces are allowed within the bluff impact zone, shore impact
zone, or slope preservation zone, unless specified in the
exceptions under item C and Table 1.
E.Subsurface sewage treatment systems, including the septic tank
Item E requires septic systems to be set back
and absorption area, must be located at least 75 feet from the
at least 75 feet from the ordinary high water
ordinary high water level of the Mississippi River and all other
level.
public waters within the Mississippi River Corridor Critical Area.
PART 6106.0130 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC
This part specifies standards for the design of
public facilities, including utilities,
FACILITIES
transportation and recreation facilities.
Subpart 1. Purpose and Scope. The purpose of this part is to establish
Design standards for private facilities are
standards for public facilities that are consistent with best management
covered in part 6106.0140.
practices and protect primary conservation areas. The term “public
Many public facilities are governed by other
facilities” as used in this part includes public utilities, public
state statutes and agencies, and DNR role
transportation facilities, and public recreation facilities. These facilities
regarding these regional facilities is primarily
serve the public interest by providing public access to the Mississippi
advisory.
River corridor or require locations in or adjacent the river corridor, and
therefore require some degree of flexibility.
Subp. 2. General design standards. All public facilities must be
designed and constructed to:
A.minimize visibility of the facility to the extent reasonable and
consistent with the purpose of the facility;
B.comply with the dimensional standards in part 6106.0110,
except where indicated in Table 1;
C.comply with the land alteration and storm water management
requirements in parts 6106.0150 - 0160.
D.avoid primary conservation areas, unless no reasonable
alternative exists. If no reasonable alternative exists, then
design and construction must minimize impacts; and
E.minimize disturbance of spawning and nesting times by
scheduling construction to be undertaken at times when local
fish and wildlife are not spawning or nesting, respectively.
Subp. 3. Right-of-way maintenance standards. Right-of-way
maintenance for public facilities is subject to the following standards:
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A.vegetation currently in a natural state must be maintained,
where reasonable and prudent;
B.where vegetation in a natural state has been removed, native
plants must be planted and maintained on the right-of-way; and
C.chemical control of vegetation should be avoided when
practicable, but when such methods are necessary, chemicals
used and the manner of their use must be in accordance with
the rules, regulations, and other requirements of all state and
federal agencies with authority over the chemical’s use.
Subp. 4. Crossings of public water or public land. Crossings of public River crossings are governed by existing
statutes.
waters or land controlled by the commissioner are subject to approval
by the commissioner according to Minnesota Statutes, sections 84.415
and 103G.245. The commissioner must give primary consideration to
crossings that are proposed to be located within or adjoining existing
rights-of-way for public transportation and public utilities.
Subp. 5. Public utilities. Public utilities must comply with the following Standards for the design of high voltage
power lines and other utilities.
standards:
A.high-voltage transmission lines, wind energy conversion systems
greater than five megawatts, and pipelines are regulated
according to Minnesota Statutes, chapters 216E, 216F, and
216G, respectively; and
B.if overhead placement is necessary, utility crossings must be
hidden from view as much as practicable. The appearance of
structures must be as compatible as practicable with the
surrounding area in a natural state with regard to height and
width, materials used, and color.
Subp. 6. Public transportation facilities. Where public transportation
facilities intersect or abut two or more of the districts established
under part 6106.0100, the least restrictive standards apply. Public
transportation facilities must be designed and constructed to give
priority to:
A.scenic overlooks for motorists, bicyclists and pedestrians;
B.safe pedestrian crossings and facilities along the river corridor;
C.access to the riverfront in public ownership; and
D.reasonable use of the land between the river and the
transportation facility.
Subp. 7. Public recreational facilities.
Item (A) was added to clarify that, unlike
A.Buildings and parking. Buildings and parking associated with
other public recreational facilities, buildings
recreational facilities, with the exceptions noted in Table 1,
and parking must meet structure setbacks.
must meet the setback requirements in part 6106.0120 and
must not be placed within the bluff impact zone, shore impact
zone, or slope preservation zone.
B.Roads and driveways. Roads and driveways associated with
public recreational facilities must not be placed in the bluff
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impact zone, shore impact zone, or slope preservation zone
unless no other reasonable placement alternatives exist. If no
reasonable alternative exists, then design and construction
must minimize impacts.
Public trails may be placed in sensitive areas
subject to these design guidelines.
C.Trails, access paths, and viewing areas. Facilities providing
access to or views of the Mississippi River may be placed within
the bluff impact zone, shore impact zone, or slope preservation
zone if design, construction, and maintenance methods are
consistent with the best management practice standards in Trail
Planning Design and Development Guidelines, incorporated by
reference under part 6106.0090. Trails, paths and viewing areas
must be designed and constructed:
to minimize visibility from the river and interference with
(1)
public river corridor views; and
to minimize fragmentation of primary conservation areas.
(2)
D.Water access facilities are subject to the following
requirements:
watercraft access ramps must comply with chapters 6115
(1)
and 6280; and
public water access facilities must be designed and
(2)
constructed consistent with the standards in the Design
Handbook for Recreational Boating and Fishing Facilities,
incorporated by reference under part 6106.0090.
PART 6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE
Design standards for private facilities are
described in this part.
FACILITIES
Subp. 1 Purpose. The purpose of this part is to provide design
standards for private facilities within the Mississippi River Corridor
Critical Area that are consistent with best management practices and
will minimize impacts to primary conservation areas and other
identified resources. Local government ordinances must be consistent
with the standards in this part unless the commissioner approves a
flexibility request under part 6106.0070 subp. 6.
Subp. 2.General design standards. All private facilities must be
developed in accordance with the land alteration, vegetation, and
stormwater management requirements in parts 6106.0150 and
6106.0160.
Subpart 3. Private roads, driveways and parking areas. Private roads,
Private roads, driveways and parking areas
must meet structure setbacks from the river
driveways, and parking areas, with the exemptions noted in Table 1,
and bluffs and cannot be placed in slope
must:
preservation zones.
A.be designed and constructed to take advantage of natural
Note the exemption in Table 1 for private
vegetation and topography to achieve maximum screening from
roads, and conveyance structures serving
view to minimize visibility;
river-dependent uses.
B.comply with structure setback requirements according to part
6106.0100; and
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C.not be placed within the slope preservation zone, bluff impact
zone, or shore impact zone.
Subpart 4. Private water access and viewing facilities.
This subpart identifies private water access
and use facilities and provides specific
A.Access paths:
standards for them.
(1)if placed within the shore impact zone, an access path must
Provisions are applicable to residential and to
be no more than eight feet wide; and
commercial recreation, i.e. yacht clubs,
(2)if placed within the bluff impact zone or slope preservation
rowing clubs, private institutions, etc.
zone, an access path must be no more than four feet wide.
B.Water access ramps:
(1)must comply with chapters 6115 and 6280; and
(2)must be designed and constructed consistent with the
applicable standards in the Design Handbook for
Recreational Boating and Fishing Facilities, incorporated by
reference under part 6106.0090.
C.Stairways, lifts and landings. Design and construction of
Item C describes the design standards for
stairways, lifts, and landings are subject to the following
private stairways, lifts and landings. Local
standards:
governments requested clarification on what
(1)stairways and lifts must not exceed four feet in width on
is allowed and appropriate design standards
residential lots. Wider stairways may be used for
for these features.
commercial properties and residential facilities held in
common, if approved by the local government;
(2)landings for stairways and lifts on residential lots must not
exceed 32 square feet in area. Landings larger than 32
square feet may be used for commercial properties, and
residential facilities held in common, if approved by the
local government;
(3)canopies or roofs are prohibited on stairways, lifts, or
landings;
(4)stairways, lifts, and landings must be located in the least
visible portion of the lot; and
(5)facilities such as ramps, lifts, or mobility paths for persons
with physical disabilities are allowed for achieving access to
shore areas according to items (1) to (4) and as provided
under part 6106.0080 , subpart 7.
D.Shoreline recreational use areas. One shoreline recreation use
area is allowed on each lot, not to exceed 5,000 square feet in
total area and 12% of the total lot width or 25 feet, whichever is
greater, and not extending more than 25 feet landward from
the OHWL.
E.Water-oriented accessory structures. One water-oriented
accessory structure may be allowed for each riparian lot less
than 300 feet in width at the ordinary high water level, with one
additional water-oriented accessory structure allowed per each
additional 300 feet of shoreline on the same lot. Water-
oriented accessory structures are prohibited in the bluff impact
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zone and the slope preservation zone. A water-oriented
accessory structure must not exceed 12 feet in height and 120
square feet in area. The structure must be placed a minimum of
10 feet from the ordinary high water level.
Subpart 5. Landscaping, patios and retaining walls in non-riparian
This new provision applies to existing
developed lots with yards in the Slope
residential yards in slope preservation zones.
Preservation Zone; based on local
A.Where non-riparian residential yards within the slope
government comments.
preservation zone have been altered with lawns, gardens, and
similar landscaping, local governments may allow patios and
Seeking feedback on the threshold; ideally,
retaining walls up to (250 – 500) square feet to be constructed,
this threshold would match that for permit
in compliance with part 6106.0150, provided that:
requirements under the land alteration
standards in part 6106.0150 subp. 7.
the slope is not abutting a bluff or part of a natural
(1)
drainageway;
the stability of the slope is maintained;
(2)
the development will not result in erosion problems; and
(3)
the site is not readily visible.
(4)
Subp. 6. Private signs. Placement of signs is guided by the local
This subpart describes the design and
placement of signs.
government's underlying zoning, with the following additional
provisions:
A.The local government may allow off-premise advertising signs,
provided that:
(1)the signs meet all required setbacks and height limits
“Readily visible” – visible from the ordinary
high water level on the opposite site of the
standards of these MRCCA rules; and
river.
(2)the signs are not readily visible.
B.The local government may allow directional signs for patrons
arriving at a business by watercraft, provided that the signs
(1)are consistent with Minnesota Statutes, chapter 86B;
(2)if located within the shore impact zone, convey only the
location and name of the establishment and the general
types of goods and services available;
(3)are no greater than ten feet in height and 32 square feet in
surface area; and
(4)if illuminated, have lighting that is shielded to prevent
illumination out across the river or to the sky.
PART 6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION
STANDARDS
Subpart 1. Purpose.The purpose of this part is to establish standards
This new part combines previous separate
parts on vegetation management, land
that:
alteration, and bluffs and steep slopes. It
A.sustain and enhance the ecological functions of vegetation;
establishes general requirements and a
B.preserve the natural character and topography of the MRCCA;
permit process to achieve the stated purpose.
and
The ecological function of vegetation, as
C.maintain stability of bluffs and very steep slopes; and ensure
defined, is to stabilize soils, retain and filter
stability of other areas prone to erosion.
runoff, provide habitat and recharge
groundwater.
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Subpart 2. General provisions.
The standards in this section apply to various
types of development/land alteration. This
A.Applicability. The standards and criteria of this part apply to:
approach is very similar to that used by the
(1)land alteration:
Capital Region and Ramsey-Washington
a)within the shore impact zone or 50 feet, whichever is
Metro Watershed Districts for managing
greater, abutting a public water, wetland, or natural
erosion.
drainage way;
b)within a slope preservation zone; or
c)within a bluff impact zone
(2)vegetation removal within:
a)a shore impact zone;
b)a bluff impact zone;
c)a slope preservation zone; or
d)areas of native plant communities;
e)tree canopies and significant vegetative stands
identified in local governments’ adopted plans.
B.In the areas specified in item A, no land alteration or vegetation
removal activities are allowed except as provided by this part.
Subpart 3. Permit process. Local governments must regulate the land
This subpart outlines the permit process and
options for integrating land alteration and
alteration and vegetation removal activities identified in Subpart 2
vegetation removal permits with other
through a permit process.
existing permits and/or delegating permitting
A.The permit process established by the local government may be
responsibilities.
through a building permit, land alteration permit, vegetation
management permit, or other permit process.
B.Local governments may delegate the permitting responsibilities
described in this part to a resource agency or other qualified
agent as determined by the local government.
C.Local governments must require permit applicants to submit
information sufficient to evaluate permits for consistency with
the standards and requirements of this part and consistent with
part 6106.0080 subp. 6., site plans.
D.Local governments must evaluate permit applications for
consistency with Table 1 and the performance standards in this
part as applicable to guide land alteration and vegetation
removal activities.
E.When reviewing permit applications, local governments must
refer to those areas identified under subpart 2 (A)(2).
F.Local governments may grant the permit, deny the permit, or
grant the permit with conditions necessary to achieve the
purposes of this part, as provided under subpart 5.
Subpart 4. General performance standards. The following standards
The performance standards in this subpart
apply to all activities in the designated areas,
guide all land alteration and vegetation removal activity in the areas
whether or not a permit is required.
described in subpart 2.
A.Intensive vegetation clearing is prohibited.
B.Development, if permitted, must be sited to minimize land
alteration and the removal of or disturbance to natural
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vegetation.
C.Maintenance of dead and dying trees that do not pose a
potential hazard is encouraged to provide shelter and nesting
sites for wildlife.
D.Grading that results in terrain that is not characteristic of the
natural topography must be avoided.
Item E is intended to prohibit “weed” control
E.Local governments must not restrict the height of ground cover
ordinances from allowing natural vegetation
vegetation in the shore impact zone, the slope preservation
of any height in these sensitive areas.
zone, or bluff impact zone.
F.Land alteration and vegetation removal activities must be
conducted so as to expose the smallest practical area of soil to
erosion for the least possible time.
G.The amount of the land alteration and vegetation removal
activity must be increasingly limited as the degree of slope and
the risk of soil erosion increases.
Subpart 5. Vegetation permit requirements.
A.Permit not required. The following activitieswithin the areas
described in subpart 2, item B, are allowed without a permit:
(1)Pruning of branches that pose a visual security or physical
safety hazard, and to maintain plant health and to improve
aesthetics;
(2)Selective vegetation removal that does not reduce the total
Requesting feedback on the vegetation
tree canopy or vegetative cover by more than (5-15% ) or
removal threshold in (A.2)! Property owners
affect an area of more than (1,000 – 5,000) square feet,
routinely remove small amounts of
whichever area is less, over a two-year period. This includes
vegetation; the goal is to allow this to
removal of vegetation that is dead, dying, or diseased;
continue in a non-burdensome way. Is
removal of invasive, non-native plants; or to prevent the
“percent of natural vegetative cover”
spread of known diseases or insect pests.
something that can be administered or would
(3)Maintenance of existing lawns, landscaping, and gardens.
another metric be better? This provision
(4)Removal of vegetation in emergency situations as
seeks to address parcels with variable
determined by the local government. amounts of natural vegetation.
(5)Right-of-way maintenance for public facilities meeting the
standards of part 6106.0130, subp. 3.
(6)Agricultural activities meeting the standards of part
6106.0100 subp. 2.
B.Permit required. Selective vegetation removal above the
thresholds identified in item A(2) or as required for permitted
development as specified in Table 1 requires a permit from local
government.
C.Vegetation removal permit conditions. The local government
Permit conditions vary depending on the type
must require protective and/or restoration measures as a
of vegetation being removed, soil conditions,
condition of permit approval as follows:
and other factors determined by local
(1)Any native plant communities removed must be replaced
government.
with vegetation equivalent to their habitat, slope
stabilization, and stormwater retention value. Stabilization
of erodible soils, restoration or enhancement ofshoreline
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vegetation, and revegetation of bluffs or very steep slopes
visible from the river are priorities for restoration.
(2)Removal of other vegetation, including dead, dying, or
diseased vegetation and removal of invasive non-native
plants, must be replaced with natural vegetation to the
greatest extent practicable. Priorities for replacement are
the same as those listed in item C(1).
(3)Any disturbance of highly erodible soils must be replanted
with appropriate deep-rooted vegetation with a high stem
density.
(4)Other conditions determined necessary by local
government.
A vegetation restoration plan is required as a
Subpart 6. Vegetation restoration plan requirements.
condition of violations, as well as for large
Reestablishment of natural vegetation according to a restoration plan
subdivisions or land developments (part
must be required upon failure to comply with the requirements in this
6106.0170)
part or as part of the planning process for subdivisions as provided in
part 6106.0170.
A.The vegetation restoration plan must:
(1)include vegetation that provides suitable habitat and
effective soil stability, runoff retention and infiltration
capability. Vegetation species, composition, density, and
diversity must be guided by nearby patches of native plant
communities;
(2)be prepared by a qualified individual as defined by the local
government; and
(3)include a maintenance plan that includes management
provisions for controlling invasive species and replacement
of plant loss for three years.
B.The local government must issue a certificate of compliance
after it has determined that the restoration requirements of
items A have been satisfied.
C.Vegetation management and restoration activities must be
guided by Native Vegetation Establishment and Enhancement
Guidelines, incorporated by reference under part 6106.0090, or
other appropriate guidance material.
Requesting feedback on (A)! The 2011 draft
Subpart 7. Land alteration permit requirements
rules require erosion and sediment control
A.When required. A land alteration permit is required for any
BMPs for activity disturbing 3,000 square feet
or more anywhere in the MRCCA. This
activity that disturbs a total land surface area of (5-10) cubic
revision proposes to limit the requirement for
yards or (250 – 3,000) square feet within the areas specified in
BMPs to disturbances to the specific areas
subpart 2(A)(1).
listed in subp. 2(A)(1). Should the disturbance
Construction or replacement of retaining walls, riprap, or
(1)
threshold at which BMPs are required be the
other erosion control structures within the areas specified in
same as the permit threshold or something
subpart 2(A)(1) requires a permit.
higher? (Note: Capital Region and Ramsey
Land alteration within the bluff impact zone and slope
(2)
Washington Metro watershed districts
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preservation zone is prohibited except as provided in Table
require BMPs for disturbances greater than
1,000 square feet within 500 feet of water.)
1.
B.Permit conditions. Temporary and permanent erosion and
Land disturbance is prohibited in the bluff
sediment control measures must be sufficient to retain
impact zone and the slope preservation zone,
sediment onsite consistent with established best management
subject to some exceptions (see Table 1).
practices.
Subpart 8. Rock riprap and retaining walls.
A.Within shore impact zones, bluff impact zones, and slope
preservation zones, construction or replacement of retaining
walls, riprap, or other impervious surfaces, or use of
bioengineering techniques must meet the following
requirements:
except as provided under item B, retaining walls, riprap, or
(1)
other erosion control structures must only be used for the
correction of an established erosion problem that cannot be
controlled through the use of vegetation, slope stabilization
using mulch, a biomat, or similar bioengineering methods.
This determination must be done by a qualified person as
determined by the local government;
design, construction, and maintenance must be consistent
(2)
with best management practices in Protecting Water Quality
in Urban Areas Manual, incorporated by reference under
part 6106.0090, or other appropriate resource agency
manual; and
placement of riprap or retaining walls below the ordinary
(3)
high water level requires a permit from the commissioner
and must comply with chapter 6115.
Item B addresses existing reinforced bluffs in
B.In the CA-UC district, bluffs that have been structurally altered
urban areas – i.e., downtown St. Paul.
and/or structurally reinforced may continue to be reinforced,
consistent with the best management practices specified in item
A(2).
Subpart 9. Development on steep slopes A local government may
Steep slopes are defined as slopes between
12% and 18%.
allow structures, impervious surfaces, land alteration, vegetation
removal, or construction activities on steep slopes when the following
conditions are met:
Vegetation removal standards in this part
A.The applicant can demonstrate that the development can be
apply if the steep slopes include native plant
accomplished without increasing erosion or storm water runoff;
communities, tree canopies or significant
vegetative stands identified in local
B.The soil types and geology are suitable for the proposed
governments’ adopted plans.
development; and
C.Vegetation is managed according to the requirements of this
part.
Subpart 10. Compliance with other plans and programs. All
development must:
A.be consistent with Minnesota Statutes, chapter 103B, and local
water management plans completed under chapter 8410;
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B.meet or exceed the wetland protection standards under chapter
8420; and
C.meet or exceed the floodplain management standards under
chapter 6120.
PART 6106.0160 STORM WATER MANAGEMENT
This part describes measures to protect water
quality of the Mississippi River and its
Subpart 1. Purpose. The purpose of this part is to:
tributaries. It recognizes and relies on existing
A.protect property from damage resulting from storm water
federal, state, and local regulations as key
runoff and erosion;
elements in addressing water quality.
B.protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and
C.promote infiltration and groundwater recharge.
Subpart 2. Performance standards. The requirements in this part apply
Requesting feedback! This provision would
reduce the threshold typically required by the
to all development that creates new or fully reconstructs impervious
MS4 permit for required stormwater
surface of more than 10,000 square feet on parcels that abut a public
treatment from one acre to 10,000 square
water body, wetland or natural drainageway.
feet in these highly sensitive areas.
A.If a local government is covered by an MS4 General Permit from
Comments on the cost of administering this
the pollution control agency, then the requirements of the
provision by local governments compared to
General Permit for post-construction storm water management
the water quality benefits are welcome.
for new development and redevelopment projects apply.
B.If a local government is not covered by an MS4 General Permit,
then runoff from the new or fully reconstructed impervious
surface must comply with the treatment requirements in the
current National Pollution Discharge and Elimination System
(NPDES) Program permit for construction storm water.
C.Multipurpose trails and sidewalks are exempt from items A and
B if there is down gradient vegetation or a filter strip that is at
least 5 feet wide.
D.Storm water treatment located at the top of slopes must be
designed to maintain slope integrity.
PART 6106.0170 SUBDIVISION AND LAND DEVELOPMENT STANDARDS This part describes standards for subdivisions,
PUDs and other large-scale
developments/redevelopments.
Subpart 1. General provisions.
A.Purpose. The purpose of this part is to provide for subdivision,
development and redevelopment of land while protecting
primary conservation areas and preserving or restoring the
ecological functions of those areas.
B.Applicability. This part applies to all subdivisions, planned unit
Requesting feedback on (B) – should the
developments and redevelopment of land involving (10-20) or
threshold for these subdivision/land
more acres, including smaller individual sites that are part of a
development standards be set at 10 acres, 20
acres, or other size? Inventory of parcels in
common plan of development that may be constructed at
the MRCCA \[TBA\] will show numbers of
different times, with the following exceptions:
parcels in each category.
(1)minor boundary line corrections;
(2)resolutions of encroachments;
(3)additions to existing lots of record; and
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(4)placement of essential services.
C.Site information. Local governments must require detailed site
information and provide for pre-project review of all proposed
subdivisions, redevelopments, and planned unit developments
as provided under part 6106.0080, subpart 6.
Subp. 2. Lot standards for new lots.
The lot width provision applies only to new
lots on tracts exceeding the size threshold
A.Where new lots are created, lot area and width standards for
established under subp. 1. Narrower lots may
conventional subdivisions and commercial and industrial lots
be allowed if conservation design methods or
must comply with the requirements of the underlying zoning
other techniques are used to protect riparian
districts, except as follows:
areas.
(1)the width of riparian lots in the CA-ROS district must be at
least 200 feet, unless alternative design methods are used
that provide greater protection of riparian areas.
B.Lots must have adequate buildable area to comply with part
6106.0120.
C.Local government ordinances must contain incentives for
alternative design methods such as conservation design,
transfer of development density, or other zoning and site design
techniques that achieve better protection of primary
conservation areas.
Subpart 3. Design standards.
A.Primary conservation areas must be set aside as protected open
Feedback requested on percentages of open
areas. The amount of area to be protected must be determined
space: are these ranges reasonable and
appropriate?
as a percentage of tract size as follows:
(1) CA-ROS (1/2): at least (30-50%)
(2) CA-RN (3): at least (20-30%)
(3) CA-RTC (4), CA-UM (6), CA-UC (7): at least (10-20%)
(4) CA-SR (5): (10-20%) if the parcel includes native plant
communities or provides feasible connections to a regional park
or trail system; otherwise, no requirement
B.If the primary conservation areas exceed the percentages
provided by item A, then the local government may determine
which primary conservation areas are to be protected.
C.If primary conservation areas exist but do not have natural
vegetation, then a vegetation assessment must be completed
for the areas to be protected to determine if vegetation
restoration is needed. If restoration is needed, it must be
restored according to part 6106.0150 subpart 7.
D.If the primary conservation areas do not exist or do not meet
the percentages specified under item A, local governments must
Item D: new provision for restoration of land
determine whether any portions of the parcel have been
areas according to a restoration plan.
identified as potential restoration areas in local plans, according
to part 6106.0070 subpart 4. Where such areas have been
identified, vegetation mustbe restored consistent witha
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restoration plan according to 6106.0150, subpart 7.
E.Stormwater treatment areas or other green infrastructure may
be used to meet the coverage standards if the plants provide
suitable habitat.
F.The permanent protection of areas that have been set aside for
protection or restoration may be achieved through:
(1) public acquisition by a government entity for conservation
purposes
(2) a permanent conservation easement, as provided in
Minnesota Statutes, chapter 84C;
(3) a deed restriction; or
(4) other arrangements that achieve an equivalent degree of
protection as determined by the local government.
G.Any of the above permanent protection methods must ensure
the long-term management of vegetation to meet its ecological
functions, prohibit structures, and prohibit land alteration,
except as needed to provide public recreational facilities and
access to the river.
H.Protected open areas must connect neighboring or abutting
open space, natural areas, and recreational areas as much as
possible to form an interconnected network.
Supbart 4. Land dedication. Those local governments that require
This section cites existing dedication
requirements, but does not add to them.
dedication of land or equivalent amounts of cash for parks and open
space under Minnesota Statutes 462.358 or 94.25 shall encourage
dedication of lands suitable for riverfront access, parks, open space,
storm water management or other public facilities within the MRCCA.
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Table 1: Exemptions from Setbacks, Height Limits, and Other Requirements in parts 6106.120 through
6106.170
Note that all exemptions in the Shore Impact Zone (SIZ), Bluff Impact Zone (BIZ) and Slope Preservation
Zone (SPZ) are also subject to the Vegetation and Land Alteration standards in part 6106.0150 and the
Storm Water Management standards in part 6106.0160.
Setbacks Height SIZ BIZ / SPZ Standards (the use
Limits must comply with
standard or referenced
parts)
Industrial and utility structures requiring N E N NStructure design and placement
greater height for operational reasons must minimize interference with
(i.e., elevators, refineries, railroad public river corridor views
signaling towers, etc.)
Barns, silos, farm structures N E N N
Bridges, bridge approach roadways E E E E part 6106.010
Cellular telephone towers E E N Npart 6106.0100 subp. 7
Chimneys, church spires, flag poles, N E N N
public monuments, mechanical service
stacks, and similar mechanical
equipment
Historic sites and districts E E E E
Public utilities (essential services, E E E E part 6106.010
electric power facilities and
transmission services)
Public transportation facilities E N (E) (E) part 6106.010
Public recreational facilities
N N N Npart 6106.010
Buildingsand parking
(E) N (E) (E) part 6106.010
Roads and driveways
E N N Npart 6106.010
Picnic shelters
E N E E part 6106.010
Trails, access paths and viewing
areas
ENE(E)part 6106.010
Water access ramps
River-dependent commercial, industrial
and utility uses
N N* N Npart 6106.0110 subp. 6
Buildings and parking that are not
part of a “shoreline facility”
E N* E E part 6106.0110 subp. 6
Shoreline facilities, i.e., barge and
port facilities, marinas, etc.
E N* E E part 6106.0110 subp. 6
Private roads and conveyance
structures serving river-dependent
uses
Private residential and commercial
water access and use facilities
N N N Npart 6106.0140
Private roads, driveways and
parking areas
E N E E part 6106.0140
Access paths
E N E Npart 6106.0140
Water access ramps
E N E E part 6106.0140
Stairways, lifts & landings
E N E Npart 6106.0140
Shoreline recreational use area
E N E Npart 6106.0140
Water-oriented accessory
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Setbacks Height SIZ BIZ / SPZ Standards (the use
Limits must comply with
standard or referenced
parts)
structures
Signs
NNNNpart 6106.0140, subp. 6
Off-premise advertising signs
E N E Npart 6106.0140, subp. 6
Directional signs for watercraft
(private)
E N E E Structure design and placement
Public directional, interpretive,
must minimize interference with
educational, safety, or handicapped
public river corridor views, except
designation signs
as necessary for public safety
Rock riprap & retaining walls to correct E N E E Part 6106.0150, subp. 8
erosion problems
Structural reinforcement of bluffs in E N N E part 6106.0150, subp. 8
urban areas in CA-UC district
Flood control structures E N E E
Landscaping, patios and retaining walls E N N E** part 6106.0140 subp. 5
in non-riparian residential yards in slope
preservation zones
Vegetation restoration and soil E N E E part 6106.0150, subp. 6C
stabilization projects
Expansion of nonconforming structures E N N E part 6106.00
due to setbacks.
E = exempt
(E) = may be allowed if no reasonable alternatives exist
N = not exempt - must meet standard in rules (i.e., setback, height limit)
*
Some river-dependent commercial, industrial and utility structures may also be exempt from height limits
if greater height is required for operational reasons.
** Exemption applies only to Slope Preservation Zones
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Chapter 3
CRITICAL AREA OVERLAY DISTRICT
12-3-1: FINDINGS:
The city of Mendota Heights finds that the Mississippi River corridor within the metropolitan
area and the city is a unique and valuable local, state, regional and national resource. The
river is an essential element in the local, regional, state and national transportation, sewer
and water and recreational system and serves important biological and ecological functions.
The prevention and mitigation of irreversible damage to this resource and the preservation
and enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the
health, safety and general welfare of the city. (Ord. 387, 10-7-2003)
12-3-2: PURPOSE AND INTENT:
It is the purpose and intent of this chapter to prevent and mitigate irreversible damage to this
unique state, local, regional and national resource to promote orderly development of the
residential, commercial, industrial, recreational and public areas, to preserve and enhance
its values to the public and protect and preserve the system as an essential element in the
city's transportation, sewer and water and recreational systems in accordance with the
following policies:
A. The Mississippi River corridor shall be managed as a multipurpose public resource by
continuing use of the river channel for transportation, continuing use of certain areas for
fleeting for river transportation, conserving the scenic, environmental, recreational,
mineral, economic, cultural and historic resources and functions of the river corridor and
providing for the continuation of development of a variety of urban uses within the river
corridor.
B. The Mississippi River corridor shall be managed in a manner consistent with its natural
characteristics and its existing development and in accordance with regional plans for the
development of the metropolitan area.
C. The Mississippi River corridor shall be managed in accordance with the critical areas act
of 1973, the Minnesota environmental policy act of 1973, and the governor's critical area
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designation order no. 79-19, dated November 23, 1976, and other applicable state and
federal laws. (Ord. 387, 10-7-2003)
12-3-3: DISTRICT ESTABLISHED:
A. A critical area overlay district with its attendant regulations is hereby established as part
of this title. This district shall overlay the zoning districts established by the city of
Mendota Heights so that any parcel of land lying in the overlay district shall also lie in one
or more of the underlying established zoning districts. Territory within the overlay district
shall be subject to the requirements established for the overlay district in addition to
restrictions and requirements established by other applicable ordinances and regulations
of Mendota Heights. Within the overlay district, all uses shall be permitted in accordance
with the regulations for the underlying zoning district(s); provided, that such uses shall
not be entitled to or issued the appropriate development permit until they have first
satisfied the additional requirements established in this chapter.
B. This overlay chapter shall apply to the area designated by the critical areas district which
is specially delineated on the official zoning map of the city of Mendota Heights. For
purposes of determining the application of this chapter to any particular parcel of land,
the above referenced map shall be on file in the office of the zoning administrator and
shall be available for inspection and copying. (Ord. 387, 10-7-2003)
12-3-4: DEFINITIONS:
BLUFF LINE: The line along the top of a slope connecting points at which the slope
becomes less than forty percent (40%).
CLEAR CUTTING: The felling of substantially all trees and/or vegetation in an area at one
time.
DEVELOPMENT: The construction, installation, or alteration of any structure, the extraction,
clearing, or other alteration of terrestrial or aquatic vegetation, land, or the course, current, or
cross section of any water body or watercourse or the division of land into two (2) or more
parcels.
EROSION: Any process that wears away the surface of the land by the action of water,
wind, ice or gravity. Erosion can be accelerated by the activities of people or nature.
SEDIMENT: Solid matter carried by water, wastewater or other liquids that has come to rest
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on the earth's surface either above or below the water level.
SEDIMENTATION: The process of depositing sediment from a liquid.
SLOPE: The incline or relief of a land area. It is expressed in percent with the number being
the difference in elevation in feet for each one hundred feet (100') of horizontal distance.
VEGETATION: All plant growth including trees, shrubs, mosses, and grasses. (Ord. 431,
2-1-2011)
12-3-5: SITE PLANNING REQUIREMENTS:
A. Site Plan Required: No building permit, zoning approval, or subdivision approval permit or
certificate shall be issued for any action or development located in an area covered by
this chapter until a site plan has been prepared and approved in accordance with the
provisions of this chapter.
B. Site Plan Application: A written application for site plan approval shall be filed with the
zoning administrator containing evidence adequate to show that the proposed use will
conform with the standards set forth in this chapter. Fifteen (15) sets of clearly legible
blue or black line copies or drawings and required information shall be submitted to the
zoning administrator.
C. Site Plan Contents:
1. Site plan shall be prepared to a scale appropriate to the size of the project and suitable
for the review to be performed.
2. The following information shall be provided in the site plan:
a. Location of the property, including such information as the name and numbers of
adjoining roads, railroads, existing subdivisions, or other landmarks.
b. The name and address of the owner(s) or developer(s), the section, township,
range, north point, date, and scale of drawings, and number of sheets.
c. Existing topography as indicated on a contour map having a contour interval no
greater than two feet (2') per contour; the contour map shall also clearly delineate
any bluff line, all streams, including intermittent streams and swales, rivers, water
bodies, and wetlands located on the site.
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d. A plan delineating the existing drainage of the water setting forth in which direction
the volume, and at what rate the stormwater is conveyed from the site in setting forth
those areas on the site where stormwater collects and is gradually percolated into
the ground or slowly released to stream or lake.
e. A description of the soils on the site including a map indicating soil types by areas to
be disturbed as well as a soil report containing information on the suitability of the
soils for the type of development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the developer to render
the soils suitable. All areas proposed for grading shall be identified by soil type, both
as to soil type of existing topsoil and soil type of the new contour. The location and
extent of any erosion areas shall be included in the soils description.
f. A description of the flora and fauna, which occupy the site or are occasionally found
thereon, setting forth with detail those areas where unique plant or animal species
may be found on the site.
g. A description of any features, buildings, or areas which are of historic significance.
h. A map indicating proposed finished grading shown at contours at the same intervals
proposed above or as required to clearly indicate the relationship of proposed
changes to existing topography and remaining features.
i. A landscape plan drawn to an appropriate scale including dimensions, distance,
location, type, size, and description of all existing vegetation, clearly locating and
describing any vegetation proposed for removal and all proposed landscape
materials which will be added to this site as part of the development.
j. A proposed drainage plan of the developed site delineating in which direction,
volume, and at what rate stormwater will be conveyed from the site and setting forth
the areas of the site where stormwater will be allowed to collect and gradually
percolate into the soil, or be slowly released to stream or lake. The plan shall also
set forth hydraulic capacity of all structures to be constructed or exiting structures to
be utilized, including volume or holding ponds and design storms.
k. An erosion and sedimentation control plan indicating the type, location, and
necessary technical information on control measures to be taken both during and
after construction including a statement expressing the calculated anticipated gross
soil loss expressed in tons/acres/year both during and after construction.
l. The proposed size, alignment, height, and intended use of any structures to be
erected or located on the site.
m. A clear delineation of all areas which shall be paved or surfaced including a
description of the surfacing material to be used.
n. A description of the method to be provided for vehicular and pedestrian access to
the proposed development and public access to the river and/or public river view
opportunities both before and after development; a description of the development's
impact on existing views of and along the river.
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o. A description of all parking facilities to be provided as part of the development of the
site including an analysis of parking needs generated by the proposed development.
p. A delineation of the area or areas to be dedicated for public use.
q. A delineation of the location and amounts of excavated soils to be stored on the site
during construction.
r. Any other information pertinent to that particular project which in the opinion of the
inspector or applicant is necessary or helpful for the review of the project. (Ord. 387,
10-7-2003)
D. Modifications: In the case of a minor development and/or change involving a single-family
dwelling, and if the site plans conform to the standards of the critical area overlay district,
the city administrator shall bring the request to the attention of the city council at its next
regular meeting following receipt of an application for critical area ordinance
consideration. The city council shall review such request and may, if it so determines,
exempt the applicant from complying with any unduly burdensome requirements of this
chapter.
Projects eligible for the exemptions of this paragraph include, but are not limited to, minor
building additions, decks, fences, accessory storage sheds, landscaping and similar
structures. Proposed projects and sites must comply with the following conditions:
1. No part of the subject property shall have slopes of greater than eighteen percent
(18%).
2. No part of the subject property shall be within forty feet (40'), whether on the same
parcel or on abutting parcels of any area defined as a bluff by this chapter, or any area
with slopes greater than forty percent (40%).
3. The proposed project shall not expand the enclosed area of the principal or accessory
structures by more than one hundred forty four (144) square feet.
4. The proposed project shall not increase the height of any existing structure.
5. The proposed project shall be in compliance with all other requirements of this
chapter, and any other applicable regulations.
6. The proposed project shall not result in changes to the existing finished grade. (Ord.
442, 2-21-2012)
12-3-6: PERMITTED, CONDITIONAL, AND ACCESSORY USES:
Permitted, conditional, and accessory uses shall be those listed in the underlying base
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zoning districts, subject to the provisions and regulations of this chapter. (Ord. 387, 10-7-
2003)
12-3-7: EXISTING STRUCTURES AND USES:
A. Generally: Any existing structure or use of property which is inconsistent with this chapter
shall not be eligible for any permit granted for expansion, change of use, renewal of
existing permit or building permit, unless the following criteria are met. Residential and
agricultural structures and uses shall be exempt from this provision.
1. The applicant shall provide and maintain adequate screening of the structure from the
water through the use of natural vegetative means.
2. Expansion of existing structures shall be in a direction away from the riverfront.
3. The public's ability to view the river and river corridor from existing public streets shall
not be further degraded by the proposed activity.
B. Advertising Signs Prohibited: Advertising signs are prohibited between the flood fringe
borderline and all county, state or federal highways located within one thousand feet
(1,000') of the line, except where the river cannot be viewed from the highway due to
natural topography or existing buildings.
C. Nonconforming Uses And Structures: Any structure or use existing upon the effective
date hereof which does not conform to the use restrictions of a particular use district shall
automatically continue as a nonconforming use or structure and shall be regulated
according to this title.
D. Existing Residential Uses: Residential buildings on parcels developed and built upon prior
to June 1, 2003, that otherwise conform to the standards and regulations of the zoning
ordinance, and which comply with the standards and regulations of this chapter with the
exception of the slope requirements, may be expanded with the addition of attached or
detached structures, provided that:
1. The expansion or accessory structure shall encroach no closer toward the river than
the existing structure.
2. The expansion or accessory structure shall comply with all other performance
standards and regulations of this chapter and the zoning ordinance.
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3. The proposed expansion shall be processed in accordance with the procedures for
site plan review as listed in section 12-3-17 of this chapter. (Ord. 387, 10-7-2003)
12-3-8: DEVELOPMENT STANDARDS:
A. Objectives: The objectives of dimensional standards are to maintain the aesthetic integrity
and natural environment of the Mississippi River corridor critical area. These standards
are designed to protect and enhance the shoreline and bluff areas, as well as provide
sufficient setback for on site sanitary facilities, to prevent erosion of bluffs, to minimize
flood damage and to prevent pollution of surface and ground water.
B. Structure Setbacks: All new structures shall meet the following minimum setbacks:
1. Setback From Bluff Line: No structure shall be constructed less than forty feet (40')
landward from the bluff line of the river.
2. Setback From Normal High Water Mark: No structure or road shall be constructed less
than one hundred feet (100') from the normal high water mark of any water body.
3. Exceptions: Exceptions to the setback provisions shall be:
a. Public safety facilities, public bridges and their roadway approaches, railroad
sidings, public and private roadways serving water related uses on the riverfront.
b. Public recreation facilities, scenic overlooks, public observation platforms and the
regional trail system, docks, and boat launching facilities.
c. Approved river crossings of essential service distribution systems which are primarily
underground except for terminal and metering devices not exceeding six feet (6') in
height, and support structures for transmission crossing spans.
d. The construction of aboveground pumping stations which shall be screened from
view of the river.
e. The reconstruction or restoration of historical structures or sites on the inventory of
the State Historical Society or the National Register of Historic Places.
f. Construction of a single-family dwelling on a lot approved by the city and recorded in
the office of the county register of deeds prior to June 1, 2003, and where the
abutting lots have been developed prior to the establishment of these regulations. In
no case shall a dwelling be placed closer to the bluff line or normal high water mark
than the average setback of the structures on the immediately adjacent lots.
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C. Height Of Structures: All new structures shall be limited to the lesser of the underlying
zoning district regulations or thirty five feet (35'); except, that the following may be
allowed:
1. Barns, silos and similar farm structures.
2. Essential service distribution systems.
3. Bridges, bridge approach roadways and transmission services.
4. Restoration of and construction on historical sites and structures.
5. Structures associated with mining and excavation.
6. Expansion of existing industrial complexes.
D. Line Of Sight: Development of new and the expansion of existing water related uses shall
be screened by berms and natural vegetation where practical.
E. On Site Sewage Disposal Systems:
1. Any premises intended for human occupancy must be provided with an adequate
method of sewage disposal. Public or municipal collection and treatment facilities must
be used where available and where feasible. Where public or municipal facilities are
not available, all on site individual sewage disposal systems shall conform to the
minimum standards as set forth in the standards of WPC-40 as interpreted by the state
pollution control agency and the on site system management provisions set forth in the
comprehensive plan.
2. All parts of an on site sewage disposal system shall be located at least one hundred
fifty feet (150') from the normal high water mark and from bluff lines.
3. No on site sewage disposal system shall be placed within designated floodplains.
F. Subdivision Of Property For Residential, Commercial And Industrial Development:
1. No land shall be subdivided which is found to be unsuitable for reason of flooding,
inadequate drainage, soil and rock formations with severe limitations for development,
severe erosion potential, unfavorable topography, inadequate water supply or sewer
disposal capabilities or any other feature likely to be harmful to the health, safety or
welfare of the future residents of the proposed subdivision or the community. The
planning commission, in applying the provisions of this section, shall in writing cite the
particular features upon which it bases its conclusions that the land is not suitable for
the proposed use and afford the subdivider an opportunity to present evidence
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regarding such suitability. Thereafter, the commission may affirm, modify or withdraw
its determination of unsuitability.
2. All subdivisions shall comply with the applicable provisions of title 11, "Subdivision
Regulations", of this code.
G. Protection Of Natural Features: The governing body may require the preservation of
natural features such as large trees, watercourses, scenic points, historical sites and
similar community assets and may decline approval of a subdivision or other
development if provision is not made for preservation of these assets.
H. Dedication Of Riverfront And Park Lands: In all subdivisions which embrace in whole or in
part a proposed park, scenic overlook, trail, drainageway, riverfront or other open space
as shown in the critical area plan, these areas shall be considered for dedication to the
public according to the procedures set forth in title 11, chapter 5 of this code. (Ord. 387,
10-7-2003)
12-3-9: NATURAL RESOURCE MANAGEMENT:
The city hereby finds that uncontrolled and inadequately planned use of wetlands,
woodlands, habitat areas, areas subject to soil erosion and areas containing restrictive soils
adversely affects the public health, safety and general welfare by contributing to pollution
and other environmental problems, creating nuisances, impairing other beneficial uses of
environmental resources and hindering the ability of the city to provide adequate community
services. Therefore, the following standards have been developed to promote, preserve and
enhance the natural resources within the corridor and to protect them from adverse effects
by regulating developments that would have a severe adverse and potentially irreversible
impact on unique and fragile environmentally sensitive land within the Mississippi River
corridor critical area:
A. Standards For Soil Erosion Control: Since certain areas within the corridor have steep
slopes or unstable soils which may cause ecological problems due to siltation and
pollution of water bodies and streams, the following standards shall be applied to all
development within the corridor, unless expressly exempted from these standards:
1. No development shall be permitted on slopes of eighteen percent (18%) or more.
2. No development shall be permitted on land having a slope before alteration in excess
of twelve percent (12%) but less than eighteen percent (18%), unless the applicant
shall prove that the following conditions are met. The procedures for site plan review in
section 12-3-17 of this chapter shall apply to applications under this section.
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a. The foundation and underlying material of any structure, including roads, shall be
adequate for the slope condition and soil type.
b. Adequate controls and protections exist uphill from the proposed development such
that there is no danger of structures or roads being struck by falling rock, mud,
uprooted trees or other materials.
c. The view of the developed slope from the river and opposite riverbank is consistent
with the natural appearance of the undeveloped slope, consistent with any historic
areas nearby, compatible with the view from historic areas and compatible with
surrounding architectural features. To the maximum extent possible, the use of
natural devices, including vegetation management, shall be preferred over the
construction of artificial devices, including culverts, holding ponds, walls and
terracing.
d. All structures other than buildings and roadway surfaces, but including retaining
walls, shall meet the following design requirements:
(1) Retaining walls or terrace contours shall not exceed five feet (5') in height.
(2) Construction shall be of native stone or wood. Other materials may be permitted
by the city where such materials are necessary to preserve the stability of the
slope, and where the materials are designed with a natural color and texture.
(3) The use of gabbions, pilings, tiebacks, metal retaining walls and precast or cast
in place concrete retaining walls is specifically prohibited.
(4) The minimum horizontal spacing between terraces and retaining walls shall be
twenty feet (20').
e. Development activities shall be conducted and staged to minimize soil erosion. The
smallest practical increment of land shall be developed at any one time, and that
increment shall be subjected to erosion for the shortest practical period of time, not
to exceed a single construction season.
f. Sufficient control measures and retention facilities shall be put in place prior to
commencement of each development increment to limit gross soil loss from the
development site to no more than five (5) tons per acre per year during
development. Gross soil loss from construction sites adjacent to streams and lakes
shall not exceed two (2) tons per acre per year. All soil loss calculations shall be
based on the universal soil loss equation.
g. Conditions on the site shall be stabilized within thirty (30) days following completion
of the work such that the yearly gross soil loss from the site will be less than five-
tenths (0.5) ton per acre, using the universal soil loss equation.
B. Standards For Development On Restrictive Soils: Certain soils in the corridor, without
proper management, are unsuitable for development due to specific conditions which
increase the probability of pollution of ground water, erosion or other problems
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detrimental to the public health, safety and welfare. Therefore, the following standards
shall be applied to any development designated or identified as an area of restrictive or
unsuitable soil:
1. Development of on site waste disposal systems shall conform to the standards of the
WPC-40 as interpreted by the state pollution control agency and the on site system
management provision set forth in the utilities element of the comprehensive plan.
2. No residential development shall be permitted on soils which are susceptible to severe
changes in physical volume when moistened or are susceptible to changes in volume
during periods of frost, unless the applicant proves that construction techniques
capable of overcoming the restrictive condition will be utilized.
3. Industrial uses requiring bulk storage of chemicals will not be allowed in wet soils,
shallow soils or soils with permeability rates faster than five-tenths (0.5) minute per
inch.
4. No solid waste disposal shall be permitted in soils having a permeability rate between
five-tenths (0.5) minute per inch and five (5.0) minutes per inch or soils over fractured
carbonate bedrock within fifty feet (50') of the ground surface.
5. Development which will result in unusual road maintenance costs or utility line
breakages due to soil limitations, including high frost action, shall not be permitted.
6. The lowest floor elevation of buildings if used for living quarters or work area shall be
at least three feet (3') above the seasonal high water level of any wetland.
C. Standards For Wetland Protection: No area defined and designated as a wetland shall be
developed without first obtaining a conditional use permit, complying with the
requirements of the city's wetlands ordinance (see chapter 2 of this title) and complying
with the Minnesota wetlands conservation act. No permit shall be issued unless the
proposed development complies with the following standards:
1. Filling: A minimum amount of filling may be allowed when necessary, but in no case
shall the following restrictions on total amount of filling be exceeded:
a. Total filling shall not cause the total natural flood storage capacity of the wetland to
fall below the projected volume of runoff from the whole developed watershed
generated by a six inch (6") rainfall in twenty four (24) hours.
b. Filling in a wetland shall not exceed the excess storage and nutrient stripping
capacities of the wetland based on the ultimate projected development of the
wetland watershed.
c. Only fill free of chemical pollutants and organic wastes may be used.
d. Wetlands shall not be used for solid waste disposal.
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2. Vegetation: No wetland vegetation may be removed or altered except that reasonably
required for the placement of structures and use of property.
3. Use As Primary Sediment Traps: Wetlands and other water bodies shall not be used
as primary sediment traps during or after construction.
D. Standards For Wildlife Habitat Protection: In order to protect and preserve unique
resource areas and unique and/or endangered species of plants or animals which
populate these areas from the impact of unplanned development, and to manage such
areas and species for educational, recreational, scientific, aesthetic and conservation
purposes, the following standards shall apply to any development within an area defined
or designated as a wildlife habitat area in the Mendota Heights comprehensive plan:
1. Structures, including utilities and roadways, shall be sited so as to minimize the impact
on natural areas and unique plant and animal species within the district.
2. No substantial alteration of the natural environment or removal of vegetation may be
permitted, when such alteration or removal would significantly diminish the scientific,
historical, educational, recreational or aesthetic value of the resource, or where the
alteration or removal would remove a unique or endangered plant species or the
supporting environment or critical habitat or a unique or endangered animal species, or
where such activities would have a significant detrimental impact upon the food supply,
security and reproductive cycle of the species.
3. The vibration level, including the generation of vibrations during construction, shall not
be allowed to reach a level which would endanger fragile resources, including
geological features.
4. Public access to historically significant natural resource areas or unique and
endangered species of plants and animals should be controlled and limited so as to
minimize the intrusion and impact upon the resources.
5. No uses likely to generate air pollution which will be toxic to plants or animals or
otherwise detrimental to the resource shall be allowed.
6. Development shall not detrimentally affect the existing water quality, including the
chemical, biological and turbidity characteristics of the water body or watercourse.
7. Development shall not cause extreme fluctuations of water levels or unnatural
changes in water temperature or changes in water currents or movements which may
have significant impact on endangered or unique species of the natural resource area.
E. Standards For Grading And Filling: With the exception of approved mining and mineral
extraction operations, grading, filling, excavating or otherwise changing the topography
landward of the ordinary high water mark shall not be conducted without a permit. A
permit may be issued only if:
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1. Earth moving, erosion, vegetative cutting and the destruction of natural amenities is
minimized;
2. The smallest amount of ground is exposed for as short a time as feasible;
3. Temporary ground cover, such as mulch, is used and permanent ground cover, such
as sod, is planted;
4. Methods to prevent erosion and trap sediment are employed;
5. Fill is established to accepted engineering standards.
F. Standards For Vegetation Management: The following standards shall apply for
management of vegetation:
1. On developed islands and public recreation lands, the slope or face of bluffs within two
hundred feet (200') of the normal high water mark of the river and within the area forty
feet (40') landward from bluff lines, clearcutting shall not be permitted except for a view
corridor as provided.
Twenty five percent (25%) of the width of a lot may be cleared to a depth sufficient to
allow a view corridor. In the remaining seventy five percent (75%) of this strip, cutting
shall leave sufficient cover to screen cars, dwellings and other structures, except
boathouses, piers, docks and marinas, from the view of the water body.
2. On all other lands, clearcutting shall be allowed only by conditional use permit and be
guided by the following provisions:
a. The applicant shall demonstrate that there are no feasible or prudent alternatives to
cutting trees on the site.
b. Clearcutting shall not be used where soil, slope or other watershed conditions are
fragile and subject to injury.
c. Clearcutting shall be conducted only where clear cut blocks, patches or strips are, in
all cases, shaped and blended with the natural terrain.
d. The size of clear cut blocks, patches or strips shall be kept at the minimum
necessary.
e. Where feasible, all clear cuts shall be conducted between September 15 and May
15. If natural regeneration will not result in adequate vegetable cover, areas in which
clearcutting is conducted shall be replanted to prevent erosion and to maintain the
aesthetic quality of the area where feasible; replanting shall be performed in the
same spring or the following spring.
3. The selective cutting of trees greater than six inches (6") in diameter measured at a
point two feet (2') above ground level shall be allowed by permit when the cutting is
appropriately spaced and staged so that a continuous natural cover is maintained.
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4. These vegetative management standards shall not prevent the pruning and cutting of
vegetation to the minimum amount necessary for the construction of bridges and
roadways and for the safe installation, maintenance and operation of essential services
and utility transmission services which are permitted uses.
G. Standards For Surface Water Runoff Management:
1. Raw sewage, seepage from on site sewage disposal systems, pollutants and industrial
wastes shall not be deposited into public waters.
2. Withdrawal of ground water shall not result in reducing surface water levels.
3. Water released into the natural drainage system shall be directed so as not to travel
over contaminated surfaces.
4. Storm water runoff may be directed to public water bodies or wetlands; provided, that
storm water runoff is substantially free of silt, debris and chemical pollutants, and only
at rates which will not disturb vegetation or increase turbidity.
5. The quality of water runoff and water infiltrated to the water table or aquifer shall be as
high as it was before development of the site.
6. Development shall not increase the runoff rate or decrease the natural rate of
absorption of storm water. (Ord. 387, 10-7-2003)
12-3-10: RIVER SURFACE USE:
Due to problems with erosion of shore land and nuisances because of noise, the following
standards for use of the surface waters within the river corridor shall apply:
A. Water surface use on backwater areas and lakes shall be restricted to noncommercial
navigation only and so as not to cause unnecessary wakes.
B. Docks or piers may be allowed subject to approval by the applicable state or federal
agencies. (Ord. 387, 10-7-2003)
12-3-11: ROAD, UTILITY, AND PIPELINE CONSTRUCTION AND ROUTING
REGULATIONS:
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A. Utility Facilities: Utility crossings of the critical area corridor or routing within the corridor
shall meet the following standards:
1. Underground placing of the utility facility shall be required unless economic,
technological and land characteristic factors make underground placement infeasible.
Economic considerations alone shall not be made the major determinant regarding
feasibility.
2. Overhead crossings, if required, shall meet the following criteria:
a. The crossings shall be adjacent to or part of an existing utility corridor, including
bridge or overhead utility lines.
b. All structures utilized shall be as compatible as practicable with land use, scenic
views and existing transmission structures in height, material, color and design.
c. Right of way clearance shall be kept to a minimum.
d. Vegetative screening shall be utilized to the maximum extent consistent with safety
requirements.
e. Routing shall avoid unstable soils, bluff lines or high ridges. The alteration of the
natural environment, including grading, shall be minimized.
f. The crossing shall be subject to the site plan review process as set forth in section
12-3-17 of this chapter.
3. Utility substations shall be subject to the following standards:
a. New substations or refurbishment of existing substations shall be compatible in
height, scale, building materials, landscaping and signing with the surrounding
natural environment or land uses. Screening by natural means is encouraged and
should be compatible with the surrounding environment.
b. All development, drainage, and grading plans shall be reviewed by the city engineer
and other advisors as the planning commission or city council may direct prior to
action by that body. The city council may require additional conditions to be met
and/or revisions in the plans to conform to the standards and intent of this chapter.
4. Pipelines and underground utility facilities shall be subject to the following standards:
a. Pipeline facilities shall be located to avoid wetlands, woodlands and areas of
unstable soils.
b. All underground placing of utility facilities and pipelines shall be followed by
revegetation and rehabilitation to the conditions which existed on site prior to
development.
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c. All pipelines and underground facilities shall be subject to the site plan review
requirements as set forth in section 12-3-17 of this chapter.
B. Public And Private Roads And Railways: New roads and railways crossing the critical
area corridor or routed within the critical area corridor shall meet the following standards:
1. Roads and railways shall be constructed to minimize impacts on the natural terrain
and natural landscape.
2. Cuts and fills are to be avoided.
3. All roads and railways shall be subject to the site planning requirements set forth in
this chapter.
4. New roads and railways shall not utilize the river corridor as a convenient right of way
for new arterials or main lines.
5. New roads and railways shall be restricted to those facilities needed to access existing
and planned residential, commercial and industrial uses.
6. All new roads and railways shall provide safe pedestrian crossing points to allow
access to the river front. Rest areas, vistas and waysides shall be provided.
7. The grades of any streets shall not exceed ten percent (10%).
8. The public's ability to view the river and river corridor from existing public streets shall
not be further degraded by the proposed activity. (Ord. 387, 10-7-2003)
12-3-12: RIVERFRONT USE AND ACCESS:
A. Public Access On Public Property: Public access shall be provided to the riverfront of
developments on publicly owned and publicly controlled riverfront property, whether
leased to private lessees or not, except where:
1. Unavoidable hazards exist to the public.
2. Public pedestrian access at a particular location cannot be designed or developed to
provide a pleasant view or recreational experience. (Ord. 387, 10-7-2003)
12-3-13: UPDATING AND REEVALUATION OF PLANS AND
REGULATIONS:
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A. The city may amend its plans and regulations that have been approved by the Minnesota
department of natural resources (DNR) by resubmitting the plans and regulations with
any recommended changes thereto to the metropolitan council and DNR for
consideration.
B. Amendments to plans and regulations shall become effective only upon the approval
thereof by the DNR. (Ord. 387, 10-7-2003)
12-3-14: PROCESS FOR CONSTRUCTION ON PROPERTY WITHIN THE
CRITICAL AREA:
A. Critical Area Permit: The construction of any building or structure, or the alteration of any
land consisting of more than one hundred (100) cubic yards of fill or excavation, shall
require a critical area permit from the city council.
B. Conditional Use Permit: Any affected activity requiring a critical area permit on slopes
greater than eighteen percent (18%) but less than forty percent (40%) shall require a
conditional use permit, and shall be required to meet the procedural and performance
requirements of this section. Conditional use permits under this chapter shall be
considered as follows:
1. On lots of record where no principal building exists as of September 1, 2006, a
property shall be allowed to construct a principal building that is in conformance with all
other performance standards of this chapter. Every effort shall be made to place the
building on slopes of less than eighteen percent (18%).
2. On lots where a principal building was present as of September 1, 2006, only
accessory or incidental structures shall be allowed under this clause on slopes greater
than eighteen percent (18%). Examples of such structures include fences, retaining
walls, landscape elements, decks and patios, or similar structures.
C. No Construction On Certain Slopes: No construction shall be permitted on slopes greater
than forty percent (40%), nor within forty feet (40') of any bluff line where slopes exceed
forty percent (40%).
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D. Existing Developed Lots Of Record: Where an existing lot of record is improved with a
principal building, nothing in this section shall be construed to prohibit the reconstruction
of any building or structure destroyed by fire, storm, or other catastrophe. Where said
structure is located on slopes greater than eighteen percent (18%), a conditional use
permit shall be required prior to reconstruction, verifying compliance with the applicable
standards of this section.
E. New Subdivision: For new subdivisions approved after September 1, 2006, the subdivider
shall be required to demonstrate that any newly created parcel will be able to support a
buildable area consistent with the underlying zoning regulations, on grades less than
eighteen percent (18%). (Ord. 387, 10-7-2003)
12-3-15: VARIANCES:
A. Variances from strict compliance with the setback, lot size, height restriction or line of site
requirements contained in this chapter may be issued by the city council following a
procedure as required by section 12-1L-5 of this title. Variances shall only be granted in
accordance with the conditions and criteria established by subsections 12-1L-5C and 12-
1L-5E of this title. In addition, no variance shall be granted that would permit any use that
is prohibited in the critical area river corridor or the applicable underlying base district.
B. When considering a proposal for a variance or other applications within the Mississippi
River corridor critical area, the planning commission and city council shall address the
following items in making their decision, in addition to those conditions listed in this
zoning ordinance:
1. Preserving the scenic and recreational resources of the river corridor, especially in
regard to the view from and use of the river.
2. The maintenance of safe and healthful conditions.
3. The prevention and control of water pollution, including sedimentation.
4. The location of the site with respect to floodways, floodplains, slopes and bluff lines.
5. The erosion potential of the site based on degree and direction of slope, soil type and
vegetative cover.
6. Potential impact on game and fish habitat.
7. Location of the site with respect to existing or future access roads.
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8. The amount of wastes to be generated and the adequacy of the proposed disposal
systems.
9. The anticipated demand for police, fire, medical and school services and facilities.
10. The compatibility of the proposed development with uses on adjacent land.
C. Any request for a variance shall include, in addition to other required public notice, a
notification to the appropriate Minnesota department of natural resources staff for review
and comment. (Ord. 387, 10-7-2003)
12-3-16: CONDITIONAL USE PERMITS:
Conditional use permits may be granted after an application process and a public hearing
according to the provisions of section 12-1L-6 of this title. A conditional use permit may be
granted only when the following findings are made, in addition to those conditions listed in
this zoning ordinance:
A. The proposed use is consistent with the intent of the critical area order and the city's
comprehensive plan;
B. The proposed use is compatible with uses in the immediate vicinity; and
C. The proposed use is allowed under the applicable ordinances of the city of Mendota
Heights.
D. Any request for a conditional use permit shall include, in addition to other required public
notice, a notification to the appropriate Minnesota department of natural resources staff
for review and comment. (Ord. 387, 10-7-2003)
12-3-17: PROCEDURE FOR OTHER AFFECTED ACTIVITIES:
Proposed activities within the critical area that are permitted, and do not require
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consideration of variances or conditional use permits shall be subject to the following
procedure:
A. Referral To Planning Commission: Except as otherwise provided in subsection 12-3-5D of
this chapter, the zoning administrator shall refer all site plans to the planning
commission.
B. Planning Commission Notice And Hearing On Site Plan: The planning commission shall
hold a public hearing affording an opportunity for all parties interested to be heard and
shall give not less than ten (10) nor more than thirty (30) days' notice of the time and
place of such hearing published in the designated legal newspaper for the city, and such
notice shall contain a description of the land and the proposed use. At least ten (10) days
before the hearing, the planning commission shall mail an identical notice to the owner or
owners of the property in question and to each of the property owners within three
hundred fifty feet (350') of the outside boundaries of the land described in the site plan.
Failure of the planning commission to mail such notice or failure of the property owners
to receive said notice shall not invalidate the proceedings. Within sixty (60) days after the
date of reference by the council, the planning commission shall make a written report to
the council stating its findings and recommendations.
C. Council Public Hearing: The council shall hold a public hearing within thirty (30) days after
the receipt of the report and recommendation of the planning commission. If the planning
commission fails to make a report to the council within sixty (60) days after the referral of
the site plan, the council shall hold a public hearing within thirty (30) days after the
expiration of said sixty (60) day period. Failure to receive a report from the planning
commission as herein provided shall not invalidate the proceedings or action of the
council. The council shall give not less than five (5) days nor more than thirty (30) days
mailed notice of the time and place of such hearing to the owner or owners of the
property in question and to each of the property owners within three hundred fifty feet
(350') of the outside boundaries of the land described in the site plan. Failure of the
property owners to receive the notice shall not invalidate the proceedings. At the time of
the hearing, the council may take final action upon the site plan or may continue the
hearing from time to time for further investigation and hearing. The council may also
request further information and report from the planning commission. Any proposed
amendment to the procedure section of this chapter, or any proposed amendment to this
chapter, may be referred to the planning commission for its consideration and
recommendations. (Ord. 387, 10-7-2003)
12-3-18: FEES:
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A. Base Fee: To defray administrative costs for the processing of site plan applications, or
variance applications, a fee as established by the city's fee schedule per application shall
be paid by all applicants.
B. Additional Costs: In order to defray the additional costs of processing said applications, all
applicants shall pay the total cost of staff and/or consulting time spent exclusively in
reviewing the request and/or in processing materials for the applicant's request, plus all
material costs for said request.
C. Included Matters:
1. "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc.,
and all printing or reproductions of the same.
2. "Staff and/or consulting time" shall include any and all time spent in either researching
for or actual production of materials.
3. The hourly rate for "staff and/or consulting time" shall be established and made
available to the applicant by the city clerk prior to the production of any materials, and
the applicant shall be given a reasonable estimate of projected time and/or material
cost.
D. Deposit: Fees shall be paid at the time applications are filed with the city clerk and are not
refundable unless the application is withdrawn prior to referral to the planning
commission. A deposit to cover staff or consulting time and materials will be estimated
and required by the city clerk at the time the base fee is paid. Any portion of the deposit
not spent to defray the above mentioned costs shall be refunded to the applicant within
thirty (30) days after the application process has been completed. Any actual costs in
excess of the deposit shall be payable within thirty (30) days after receipt of the billing.
(Ord. 387, 10-7-2003)
12-3-19: INTERCOMMUNITY REVIEW:
In all cases where any proposed development or action abuts an adjacent municipality, that
municipality shall be formally notified of the proposed development or action and given the
opportunity to review and comment on the proposal. Such notification as required shall be
mailed to the city clerk of the abutting municipality. (Ord. 387, 10-7-2003)
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