ORD 387 Critical Area Overlay DistCity of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 387
AN ORDINANCE AMENDING TITLE 12, CHAPTER 3
OF THE CITY CODE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
SECTION 1 City Code Title 12 Chapter 3, CRITICAL AREA OVERLAY DISTRICT, is hereby
amended in its entirety, so that as amended it shall read as follows:
I. GENERAL PROVISIONS
1.1 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.
1.2 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 multi-purpose 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
Governors Critical Area Designation Order No 79-19, dated November 23, 1976,
and other applicable State and Federal laws.
1.3 Critical Area Overlay District Established
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 Ordinance
401 of 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 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 Ordinance.
1.4 Definitions
A. Bluffline — the line along the top of a slope connecting points at which the
slope becomes less than forty percent (40%).
B. Clearcutting — The felling of substantially all trees and/or vegetation in an area
at one time.
C. 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 water
course or the division of land into two or more parcels.
D. Erosion — The general process by which soils are removed by flowing surface
or subsurface water or wind.
E. Sedimentation — The process of depositing materials from a liquid.
F. 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 (100)
feet of horizontal distance.
G. Vegetation — All plant growth including trees, shrubs, mosses, and grasses.
1.5 District Boundaries
This Overlay Ordinance 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 Ordinance 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.
11. SITE PLANNING REQUIREMENTS
2.1 Site Plan Required. No building permit, zoning approval, or subdivision
approval permit or certificate shall be issued for any action or development
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located in an area covered by this Ordinance until a site plan has been prepared
and approved in accordance with the provisions of this Ordinance.
2.2 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 Ordinance. Fifteen
(15) sets of clearly legible blue or black line copies or drawings and required
information shall be submitted to the Zoning Administrator.
2.3 Site Plan Contents.
A. Site plan shall be prepared to a scale appropriate to the size of the project
and suitable for the review to be performed.
B. The following information shall be provided in the site plan:
1 Location of the property, including such information as the name and
numbers of adjoining roads, railroads, existing subdivisions, or other
landmarks.
2. 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.
3. Existing topography as indicated on a contour map having a contour
interval no greater than two (2) feet 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.
4. A plan delineating the existing drainage of the water setting forth in
which direction the volume, and at what rate the storm water is
conveyed from the site in setting forth those areas on the site where
storm water collects and is gradually percolated into the ground or
slowly released to stream or lake.
5. 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 top soil and soil type of the new contour.
The location and extent of any erosion areas shall be included in the
soils description.
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6. 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.
7. A description of any features, buildings, or areas which are of historic
significance.
8. 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.
9. 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.
10. A proposed drainage plan of the developed site delineating in which
direction, volume, and at what rate storm water will be conveyed from
the site and setting forth the areas of the site where storm water 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.
11. 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.
12. The proposed size, alignment, height, and intended use of any
structures to be erected or located on the site.
13. A clear delineation of all areas which shall be paved or surfaced
including a description of the surfacing material to be used.
14. 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.
15. 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.
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16. A delineation of the area or areas to be dedicated for public use.
17. A delineation of the location and amounts of excavated soils to be
stored on the site during construction.
18. 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.
C. 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 Ordinance, 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 inappropriate requirements of
this Section.
2.4 Permitted, Conditional, and Accessory Uses
Permitted, Conditional, and Accessory Uses shall be those listed in the underlying base
Zoning Districts, subject to the provisions and regulations of this Ordinance.
2.5 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 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 of this Ordinance which does not conform to the use restrictions of a particular
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use district shall automatically continue as a nonconforming use or structure and
shall be regulated according to Ordinance 401.
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
Ordinance 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 Ordinance and the zoning ordinance.
3. The proposed expansion shall be processed in accordance with the procedures
for Site Plan Review as listed in Section 3.5 of this Ordinance.
2.6 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 river front.
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 services 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.
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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.
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 flood plains.
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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 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 Section 11
(Mendota Heights Subdivision Regulations.
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 River Front And Park Lands: In all subdivisions which embrace in
whole or in part a proposed park, scenic overlook, trail, drainageway, river front 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 Section 11-5 (Mendota
Heights Subdivision Regulations.
2.7. 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.
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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 3.5 of this Ordinance shall apply to applications under this
section:
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 failing rock,
mud, uprooted trees or other materials.
c. The view of the developed slope from the river and opposite river bank 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
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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
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) minutes per
inch.
4. No solid waste disposal shall be permitted in soils having a permeability rate
between five-tenths (0.5) minutes 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 (Section 12, Chapter 12-2) 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:
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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.
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.
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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:
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, clear cutting 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, clear cutting 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. Clear cutting shall not be used where soil, slope or other watershed conditions
are fragile and subject to injury.
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c. Clear cutting 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 clear cutting 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.
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.
2.8 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:
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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.
2.9 Road, Utility, and Pipeline Construction and Routing Regulations
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 3.5.
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 Ordinance.
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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.
c. All pipelines and underground facilities shall be subject to the site plan review
requirements as set forth in Section 3.5.
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 Ordinance.
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.
2.10 River Front Use and Access
A. Public Access On Public Property: Public access shall be provided to the river front
of developments on publicly-owned and publicly-controlled river front property,
whether leased to private lessees or not, except where:
1. Unavoidable hazards exist to the public.
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2. Public pedestrian access at a particular location cannot be designed or developed
to provide a pleasant view or recreational experience.
111. ADMINISTRATION AND PROCESSING
3.1. Updating And Re-Evaluation Of Plans And Regulations:
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.
3.2 Process for Construction on Property Within the Critical Area:
a. Affected Activity: the construction of any building or structure, or the alteration of
any land consisting of more than 100 cubic yards of fill or excavation, shall
require a Critical Area Permit from the City Council.
b. Any affected activity requiring a Critical Area Permit on slopes greater than 18%
but less than 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 Section shall be considered as follows:
L 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
Ordinance. Every effort shall be made to place the building on
slopes of less than 18%.
ii. 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 18%. Examples of such
structures include fences, retaining walls, landscape elements,
decks and patios, or similar structures.
c. No construction shall be permitted on slopes greater than 40%, nor within forty
feet of any bluffline where slopes exceed 40%.
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 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 18%.
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3.3 Variances:
1. 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 12-1 L-5 of the Zoning Ordinance.
Variances shall only be granted in accordance with the conditions and criteria
established by Section 12-1 L-5C. and 12-1 L-5E of the Zoning Ordinance. 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.
2. 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 the Zoning Ordinance:
a. Preserving the scenic and recreational resources of the river corridor, especially
in regard to the view from and use of the river.
b. The maintenance of safe and healthful conditions.
c. The prevention and control of water pollution, including sedimentation.
d. The location of the site with respect to floodways, flood plains, slopes and bluff
lines.
e. The erosion potential of the site based on degree and direction of slope, soil
type and vegetative cover.
f. Potential impact on game and fish habitat.
g. Location of the site with respect to existing or future access roads.
h. The amount of wastes to be generated and the adequacy of the proposed
disposal systems.
i. The anticipated demand for police, fire, medical and school services and
facilities.
j. The compatibility of the proposed development with uses on adjacent land
3. 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.
3.4. Conditional Use Permits: Conditional use permits may be granted after an
application process and a public hearing according to the provisions of Section 12-
1 L-6 of the Zoning Ordinance. A conditional use permit may be granted only when
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the following findings are made, in addition to those conditions listed in the Zoning
Ordinance:
1. The proposed use is consistent with the intent of the critical area order and the
City's Comprehensive Plan;
2. The proposed use is compatible with uses in the immediate vicinity; and
3. The proposed use is allowed under the applicable ordinances of the City of
Mendota Heights.
4. 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.
3.5 Procedure for Other Affected Activities: Proposed activities within the Critical
Area that are permitted, and do not require consideration of Variances or Conditional
Use Permits shall be subject to the following procedure:
A. Referral to Planning Commission. Except as otherwise provided in
paragraph 2.3.0 above, 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) days 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 (350) feet 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. 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 fro the Planning Commission as herein
provided shall not invalidate the proceedings or action of the Council. The
Council shall give not les than five (5) days nor more than thirty (30) days
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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 (350) feet 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 Ordinance, or any proposed
amendment to this Ordinance, may be referred to the Planning Commission
for its consideration and recommendations.
IV FEES
4.1 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.
4.2 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.
4.3 Included Matters.
A. "Materials" shall include, but not be limited to, maps, graphs, charts,
drawings, etc., and all printing or reproductions of the same.
B. "Staff and/or consulting time" shall include any and all tie spent in either
researching for or actual production of materials.
C. 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.
4.4 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.
V MISCELLANEOUS MATTERS
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5.1 Inter-Community 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 shall be mailed to the City Clerk of
the abutting municipality.
Section 2 This ordinance shall become effective from and after its publication according
to law.
Adopted by the City Council of the City of Mendota Heights, this Seventh day of October
2003.
ATTEST:
K6thleen M. Swanson
City Clerk
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City Council
City s
Wn t er
Mayo