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2021-06-22 Planning Commission Meeting Agenda PacketAuxiliary 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 Hall at 651.452.1850 with requests. CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MEETING AGENDA TUESDAY, JUNE 22, 2021 - 7:00 PM Mendota Heights City Hall – Council Chambers 1101 Victoria Curve Mendota Heights MN 55118 1. Call to Order / Roll Call 2. Approve the May 25, 2021 Regular Meeting minutes 3.Public Hearings a. CASE No. 2021-09: Preliminary & Final Plat of Sweeney 2 nd Addition – a subdivision located at 777 Wentworth Avenue (Mike Fritz of M & M Homes – Owner / Applicant) b. CASE No. 2021-08: Zoning Code Amendment – consider proposed Ordinance No. 566 – amending parts of City Code Title 5 – Police Regulations and Title 12 – Zoning regarding the Temporary Keeping of Goats for Prescribed Grazing. (City of Mendota Heights - Applicant) c. CASE No. 2021-07: Zoning Code Amendment – preliminary review and discussion of proposed Ordinance No. 568 –amending Title 12 - Zoning - Chapter 3: Critical Area Overlay District by creating a new Mississippi River Corridor Critical Area (MRCCA) Overlay District Ordinance (City of Mendota Heights – Applicant) 4. New / Unfinished Business 5. Adjourn Meeting May 25, 2021 Mendota Heights Planning Commission Meeting Page 1 of 16 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES May 25, 2021 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 25, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of April 27, 2021 Minutes COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF APRIL 27, 2021. Further discussion: Commissioner Katz noted on Page 5 the fourth paragraph, it should state, “…approval or denial.” Instead of: “...approval of denial.” Chair Field also noted on Page 11, it should read, “Chair Field…” instead of “Chair Fields…” AYES: 7 NAYS: 0 Hearings A) PLANNING CASE 2021-06 CITY OF MENDOTA HEIGHTS – ZONING CODE AMENDMENT Community Development Director Tim Benetti explained that the City of Mendota Heights is asked to consider an ordinance amendment to City Code Title 12 – Zoning, specifically Section 12-1D-3: Accessory Structures, which would amend and revise certain design standards and allowances for various accessory structures in the city. Hearing notices were published and posted to the City’s website; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). PC Packet Pg. #1 May 25, 2021 Mendota Heights Planning Commission Meeting Page 2 of 16 Staff reviewed the available actions the Commission could take. Commissioner Katz noted that the staff reports notes that this would be for residential areas only but advised that there are a few homes located within industrial zoning. Community Development Director Tim Benetti noted that because of the underlying industrial land use, those homes would need to come in and apply for a variance, therefore this would not apply to this instances. Commissioner Petschel referenced the language limiting to a single level and not allowing lofts. He asked for clarification on how a shop area in the lofted part of a detached garage would be viewed. Community Development Director Tim Benetti replied that would be viewed as a livable or habitable space and therefore that would be discouraged. He explained that what could be a shop one day could easily be converted into living space the next. He stated that once a building is built the property owners could change the intended use and therefore staff would want to ensure it is clear that cannot be used for habitable space. Commissioner Petschel agreed that secondary residences should not be created on a property but noted that is usually prevented by not allowing plumbing. Community Development Director Tim Benetti agreed that plumbing, kitchen features and mechanical access are typically what qualify something as a dwelling unit. Commissioner Corbett asked if the roof height is a local definition and should be repeated throughout the Code. Community Development Director Tim Benetti confirmed that measurement definition is consistent throughout Code with the exception of an accessory structure under 144 square feet. He stated that he would like to limit the scale of the accessory structures under 144 square feet. Commissioner Corbett commented that it would be nice to have a consistent definition for roof height. He asked how the numbers were determined within the table by staff. Community Development Director Tim Benetti replied that those numbers were a reflection of a review of ordinances from other communities and then tweaking that information in attempt to best fit this community. Commissioner Lorberbaum commented that she reviewed the table and the percentage changes between the categories are not consistent. She suggested making the dimensions more in line with the other proportional advances. She recommended 2,400 square feet rather than 2,600. Commissioner Corbett stated that this would allow structures that are 100 percent than what is currently allowed in terms of height. He stated that he would imagine that the setbacks are related PC Packet Pg. #2 May 25, 2021 Mendota Heights Planning Commission Meeting Page 3 of 16 to the impacts for neighboring properties. He asked if different setbacks should be considered for larger accessory buildings as the largest building allowed would be three times the size of some homes in Mendota Heights. Community Development Director Tim Benetti commented that initially he had a suggested increased setback but after speaking with legal counsel and other planners, it was suggested that the same setback for a home be used. He stated that if the Commission feels a larger setback is warranted, he would support that. Commissioner Corbett commented that he would find a larger setback reasonable. He noted that a home on one third of an acre could abut an eight-acre lot that could support a larger accessory structure, therefore he would support a larger setback as a larger lot would have space to provide that additional setback. He referenced the playhouse accessory structure language and asked if a resident would be prohibited from purchasing a premade plastic playhouse because they already have the maximum size of accessory buildings. Community Development Director Tim Benetti commented that this language would apply to permanent structures, not the plastic temporary structures that are easily moved around the yard. He stated that the language was intended to address the recent inquiries and demand to permanent playhouse, or treehouse structures. Commissioner Johnson referenced accessory structure 144 square feet or less, which is limited to a single story less than 15 feet in height, noting that there is also language allowing 1.5 stories but still under 15 feet in height. She asked for clarification. She stated that an accessory structure 15 feet in height setback five feet from the property line would impact the light and air for the neighboring property and could bring about complaints. Community Development Director Tim Benetti commented that if the setback is changed, that would put a lot of structures into nonconforming status, and he would not recommend doing that. He recommended leaving the accessory structures of 144 square feet or less at a five-foot setback. He noted that if the setback is desired to be increased for the other allowed accessory structures that could be done. Commissioner Corbett explained that the height different mentioned between the two statements related to accessory structures under 144 feet is the difference in how the measurement is completed. Community Development Director Tim Benetti explained that currently today, the City allows for accessory structures under 144 feet to have a height of 15 feet at the midpoint. He noted that changes to that language would place existing structures in nonconforming status. He stated that limiting those structures to one story could be done. Commissioner Corbett commented that it has been mentioned that the midpoint of 15 feet is high. He stated that it would seem it could be warranted to change that but was unsure how many structures would become nonconforming. PC Packet Pg. #3 May 25, 2021 Mendota Heights Planning Commission Meeting Page 4 of 16 Community Development Director Tim Benetti noted that most shed range from ten to 12 feet in height, at most. He noted that sheds are typically temporary structures and therefore he was unsure how much of an issue it would be for some to become nonconforming. Commissioner Johnson stated that perhaps language could be included to address those existing sheds that would become nonconforming. She stated that even though sheds are considered temporary, some people go to a large expense in designing and constructing them. Community Development Director Tim Benetti reviewed the guidance for nonconforming uses. He stated that if the desire is to limit to a certain height, he suggested 15 feet at the top in order to keep everyone in a safe range to not create an issue with nonconformance but could support the 15 feet midpoint as well. Commissioner Johnson stated that she likes the ideas brought forward related to the table and reviewing that more in detail related to setbacks. She referenced the temporary or elevated playhouses. She noted that some treehouses have become very popular for both adults and children and are not meant to be temporary. She asked if the floor of the treehouse could be at 12 feet with a railing at three feet for a total height of 15 feet. She asked if there would be setbacks for the structure or whether a treehouse could be placed next to a privacy fence, which would circumvent the purpose of a privacy fence. Community Development Director Tim Benetti commented that a playhouse or treehouse would currently fall under an accessory structure of 144 square feet or less and would have a five-foot setback requirement. Chair Field asked if the word temporary were removed to describe those accessory structures, would it alleviate some of the confusion that has been expressed towards the plastic playhouse example. Community Development Director Tim Benetti agreed that could be done. Commissioner Lorberbaum commented that treehouse and playhouse have not been defined within this language and therefore perhaps those definitions need to be added. Chair Field stated that there have been a lot of suggestions made tonight, but someone would need to make a motion to incorporate those suggested changes. Community Development Director Tim Benetti commented that the terms playhouse and treehouse are pretty universal, and he would be inclined to leave the language as such. He stated that portion could also be removed from the ordinance at this time and could be brought back in the future when the more comprehensive review of the ordinance is completed. Commissioner Lorberbaum stated that she would support removal of that language at this time. PC Packet Pg. #4 May 25, 2021 Mendota Heights Planning Commission Meeting Page 5 of 16 Commissioner Johnson agreed as she believed that more thought should be put into that and how it could impact adjacent properties. She asked if the Commission feels that 15 feet would be appropriate five feet from the property line for accessory structures under 144 square feet. Commissioner Corbett noted that the “problem structure” would be smaller in size than what is already allowed. He stated that he would like to change the limit to 15 feet at the high point rather than midpoint. He asked if the Commission feels that calculations could be done tonight for the discussed changes, or whether this should be tabled. Community Development Director Tim Benetti commented that he would strongly suggest that the setback remain at five feet for structures under 144 square feet. He stated that B-2 and B-3 would require a ten-foot setback. He noted that if the desire is for an increased setback for the larger accessory structures, that could be made equivalent to the setback for a home. Chair Corbett noted that the issue of midpoint and high point is always a challenge. Commissioner Petschel commented that he would be comfortable with a midpoint of 12 feet, which would be fairly standard across the metro area as well as the majority of readily available structures at local stores. He stated that given with how people may play around with the geometry of roofs, someone could build a 15-foot box with a flat roof, which is not the intention. He stated that he would like to see people able to use their garages for other activities, as is common in the northern portion of the community. He noted that often times there are stairs to the lofted portion of a garage for additional structure. He noted that he would strike almost the entire portion of section six related to garages. He agreed that a backdoor should not be left for habitability. Community Development Director Tim Benetti commented that the few times he has received inquiries, he has always been clear that the space cannot be converted into a dwelling unit or habitable space. He noted that often times workspace is morphed into a rental space or additional living space. He stated that he would be okay with shop tools or equipment stored/used in that area as long as it does not disturb neighbors. Commissioner Toth asked if the change to a midpoint of 12 feet for the structures under 144 square feet would eliminate the possibility of a barn style garden shed. Community Development Director Tim Benetti replied that would still be allowed and explained how those barn style roofs are measured. Commissioner Johnson asked the top height of the shed with a 12-foot midpoint. Community Development Director Tim Benetti replied that it would depend on the pitch of the roof but estimated that it would be below 15 feet. Commissioner Johnson stated that perhaps the high point is 12 feet. Commissioner Corbett stated that he would still want to define it with a midpoint for consistency but wanted to ensure that the sheds available for purchase at store would fit within that range. PC Packet Pg. #5 May 25, 2021 Mendota Heights Planning Commission Meeting Page 6 of 16 Commissioner Johnson suggested that a midpoint of ten feet be used. Commissioner Lorberbaum provided the example of someone with an eight-acre lot building a large accessory structure and then sold and subdivided their lot and asked what would happen to the accessory structure in that instance. Community Development Director Tim Benetti commented that the accessory structure could remain as long as it remains on the lot with the principal dwelling unit; it could not be subdivided onto a new parcel. He stated that if the accessory structure were not proposed to remain on the lot with the original home it would be required to be removed. It was confirmed that was actually done in a previous case where the accessory structure was required to be removed prior to filing the lot split. Commissioner Lorberbaum commented that she supports removal of the playhouse/treehouse language to be considered at another time. She referenced the setback language and photographic example and asked how far the structures can be together. Community Development Director Tim Benetti replied that the accessory structures must be five feet from a principal structure. Chair Field stated that he spoke with staff this morning and obtained an opinion from legal counsel as well. He noted that if the table is expanded above five acres, he does have a lot that is over five acres in size and therefore there could be a perceived opinion that he could benefit from the change. He stated that he wanted to disclose that information in case someone objects to him voting on the matter. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER LORBERBAUM MOVED TO RECOMMEND APPROVAL OF THE DRAFT ORDINANCE NO. 565, WHICH AMENDS CERTAIN SECTIONS OF ZONING CODE, TITLE 12 – ZONING, WITH THE FOLLOWING CHANGES: A 12 FOOT MIDPOINT SHOULD BE USED IN 1, 2 AND 3; IN C1 B3 2,400 SQUARE FEET SHOULD BE USED; AND SECTION 3 SHOULD BE DELETED. COMMISSIONER LORBERBAUM WITHDREW HER MOTION. PC Packet Pg. #6 May 25, 2021 Mendota Heights Planning Commission Meeting Page 7 of 16 Community Development Director Tim Benetti stated that a larger structure would tend to have a larger demand for engineered roof trusses that would require or necessitate a higher roof line or structure which is why 18 or 20 feet is suggested for the midpoint for item B3. He stated that he would be open to suggestions. Chair Field noted that the setback for larger accessory structures was also not included in the potential motion. Community Development Director Tim Benetti noted that if desired, that could be left for the comprehensive zoning review. Commissioner Petschel asked if that language would be more appropriate for the next section related to detached garages. Community Development Director Tim Benetti stated that it falls under the broad category of height and this section applies to all accessory structures, regardless of shed or garage. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE DRAFT ORDINANCE NO. 565, WHICH AMENDS CERTAIN SECTIONS OF ZONING CODE, TITLE 12 – ZONING, WITH THE FOLLOWING CHANGES: PROPERTIES OVER FIVE ACRES (AS NOTED IN THE TABLE) LIMITED TO 2,400 SQUARE FEET WITH A CONDITIONAL USE PERMIT; SETBACKS FOR PROPERTIES THAT FALL INTO CATEGORIES UNDER B.2.b.(1), (2) AND (3) REVISED TO 10 FEET, 15 FEET AND 18 FEET RESPECTIVELY; AND SECTION C.3 SHALL BE REMOVED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL STATED THAT HE WOULD LIKE TO AMEND SECTION C.1C.(6) TO STATE THAT ANY DETACHED GARAGE WITH AN ALLOWED UPPER STORY OR LOFT SHALL NOT BE USED AS A HABITABLE SPACE AND THAT THE LOFT SPACE NOT BE SUBTRACTED FROM THE ALLOWABLE SQUARE FOOTAGE. COMMISSIONER CORBETT STATED THAT HE WOULD ACCEPT THAT WITH THE ADDITIONAL LANGUAGE “ OR ACCESSORY DWELLING UNIT OR LIVING SPACE”. CHAIR FIELD CONFIRMED THE LANGUAGE TO THEN READ, “ANY ATTACHED GARAGE WITH AN ALLOWED UPPER STORY OR LOFT SHALL NOT BE USED AS HABITABLE SPACE OR AN ACCESSORY DWELLING UNIT.” COMMISSIONER PETSCHEL NOTED THAT HE WOULD ALSO LIKE THE LANGUAGE THAT THE LOFT SPACE NOT BE SUBTRACTED FROM THE ALLOWABLE SQUARE FOOTAGE. COMMISSIONER CORBETT AND COMMISSIONER JOHNSON APPROVED INCLUSION OF THE LANGUAGE AS SUGGESTED BY COMMISSIONER PETSCHEL. PC Packet Pg. #7 May 25, 2021 Mendota Heights Planning Commission Meeting Page 8 of 16 COMMISSIONER TOTH ASKED FOR CLARIFICATION ON THE MAXIMUM HEIGHT ALLOWED FOR LARGER ACCESSORY STRUCTURES. COMMISSIONER CORBETT CLARIFIED THAT WOULD BE 18 FEET. AYES: 7 NAYS: 0 B) PLANNING CASE 2021-02 MIKE CASHILL, 806 BACHELOR AVENUE – CONDITIONAL USE PERMIT AND VARIANCES Community Development Director Tim Benetti explained that at the April 27, 2021 regular Planning Commission meeting, the applicant presented for consideration a Conditional Use Permit (CUP) to allow an oversized detached garage, with added variances to allow the garage to exceed the maximum area of 1,800 square feet; and allow the garage to exceed the maximum height of 15 feet up to 17.5 feet (measured) or 24 feet in overall height. The Commission elected to table this matter to the May 25th meeting and kept the public hearing open. The Commission further directed staff to work on a Zoning Code amendment for further consideration at the same May 25th meeting. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff reviewed the available actions the Commission could take. Chair Field welcomed input from the applicant. Mike Cashill, applicant, commented that he is present to address any questions. Chair Field referenced the previous language related to the potential for a lot split and impact to accessory structure. He noted in that in a previous instance an accessory structure was required to be demolished in order to proceed with the lot split and asked that the applicant acknowledge that stipulation. Mr. Cashill confirmed he understands that and noted that he does not have the intent to split his lot in the future. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 7 PC Packet Pg. #8 May 25, 2021 Mendota Heights Planning Commission Meeting Page 9 of 16 NAYS: 0 Commissioner Johnson stated that she would like to comment and commend the homeowner for replacing some of the trees. She stated that some of the trees chosen are native trees that will help to enhance the pollinator friendly City. She referenced the comments from the Natural Resources Technician and stated that while there were ill trees and trees that were not in good condition, some of those trees are native even though they have struggled. She stated that while some of the volunteer trees are pollinator friendly, they are not generally that desirable. She stated that the cherry trees will be missed by butterflies and the birds. She stated that perhaps the homeowner could find a place on their property to plant cherry trees. She stated that crab apples trees can be a challenge and suggested an alternative. She also appreciated that the homeowner will be removing buckthorn. Commissioner Petschel noted that his only concern in the findings of fact would be whether this would be subject to the amended standards. Community Development Director Tim Benetti commented that is included in the introduction but could be tied into the end of the motion. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT PURSUANT TO THE FINDINGS OF FACT WITHIN THE STAFF REPORT AND CONDITIONAL UPON THE APPROVAL OF THE PROPOSED AMENDMENTS TO ORDINANCE NO. 565. FURTHER DISCUSSION: COMMISSIONER LORBERBAUM ASKED WHERE THE APPLICANT WOULD BE LEFT IF THE ORDINANCE IS CHANGED AND THE MOTION IS MADE CONTINGENT. CHAIR FIELD STATED THAT IF THE AMENDMENTS ARE NOT APPROVED BY THE COUNCIL, THE RECOMMENDATION WOULD NOT MOVE FORWARD. IT WAS NOTED THAT THE DIRECTION OF THE PLANNING COMMISSION IS A RECOMMENDATION. COMMISSIONER LORBERBAUM ASKED WHAT WOULD HAPPEN TO THE APPLICANT IN THAT INSTANCE. COMMISSIONER PETSCHEL ACKNOWLEDGED THAT THE ORDINANCE MAY NOT PASS AS RECOMMENDED BY THE PLANNING COMMISSION. CHAIR FIELD NOTED THAT THE MOTION COULD BE MADE CONTINGENT UPON THE ORDINANCE AS APPLICABLE TO THIS APPLICATION. HE STATED THAT WOULD ALLOW THE COUNCIL TO MAKE CHANGES TO DIFFERENT PORTIONS OF THE ORDINANCE WITHOUT IMPACTING THIS CASE. IT WAS CONFIRMED THAT THE LANGUAGE WOULD BE CLARIFIED THAT THE ACTION IS CONTINGENT UPON THE PROPOSED AMENDMENTS TO ORDINANCE NO. 565 AS IT RELATED TO THIS APPLICATION. PC Packet Pg. #9 May 25, 2021 Mendota Heights Planning Commission Meeting Page 10 of 16 COMMISSIONER KATZ COMMENTED THAT HE WOULD HOPE THIS ITEM BE ADDED TO THE PARK AND RECREATION COMMISSION AGENDA AS THE PROPERTY LINE TOUCHES PARK LAND. HE NOTED THAT ADDITIONAL LANDSCAPING COULD BE ADDED TO THE GOLF COURSE TO BUFFER THE USE. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI CONFIRMED THAT COULD BE DONE. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its June 1, 2021 meeting. C) PLANNING CASE 2021-05 JOE OPACK, 662 IVY FALLS COURT – VARIANCE Community Development Director Tim Benetti explained that Joe Opack, owner of 662 Ivy Falls Court, is requesting a variance to allow a new half-circle shaped driveway on the subject property. Hearing notices were published and mailed to all properties within 350-ft. of the site. The applicant provided a “Neighbor Signatures of Consent” from six of his neighbors not objecting to the variance request. No other comments were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff reviewed the available actions the Commission could take. Chair Field opened the public hearing. Joe Opack, applicant, commented that he appreciates consideration of his request. He stated that the main door of the home is fairly obvious to the floorplan and it does not have access in the winter months. He stated that he would like to provide access without the use of steps for his older relatives that visit his home. Commissioner Katz referenced the ash trees and asked if those trees are alive. Mr. Opack commented that he was informed that the previous homeowner treated the trees. He stated that if they cannot be saved, he would plan to replace the trees as he would like to keep as many trees as possible. Commissioner Katz commented that even though trees are treated, they still tend to die because of the Emerald Ash Borer. He stated that the root system for the trees is also most likely around where the driveway will run and therefore this could be a good time to remove those trees. PC Packet Pg. #10 May 25, 2021 Mendota Heights Planning Commission Meeting Page 11 of 16 Mr. Opack commented that the contractors he has consulted did not believe the trees would be impacted by this project and that a decision would be needed at this time. He noted that they are mature trees, and he would like to keep them. Commissioner Johnson asked the distance from the proposed driveway and tree trunks. She stated that about 20 feet of the trunk is needed in order to avoid root impacts. Mr. Opack stated that he could have an arborist review the situation before making a decision. Commissioner Lorberbaum asked why 12 feet was selected for the driveway width. Mr. Opack commented that he does not feel he would use the driveway a lot for their personal use and want it as a spot for their visitors to park on their driveway to access the front door and then continue to pull through and avoid backing out onto the busy roadway. Commissioner Lorberbaum commented that she has a horseshoe driveway and believes Mr. Opack will love it. She commented that the driveways would generally align with those across the street. Commissioner Corbett asked if the applicant considered a sidewalk from the street to the door and why that would not be adequate. Mr. Opack commented that he considered that. He noted that he has relatives from Nebraska that routinely visit, and he would like to provide access without steps, noting that there are about eight steps from the garage side. He commented that he believes there are overnight parking restrictions that would prevent guests from parking on the road and then using the front door. Commissioner Lorberbaum noted that the driveway would provide closer access for those with mobility issues. Commissioner Corbett asked if an internal circle was considered rather than two curb cuts. Mr. Opack commented that he considered other alternatives but noted those options seemed to use more cement. He stated that they felt this design would be the best choice for the neighborhood and preference for the neighbors. Commissioner Corbett asked if there is a stop sign at the Sylvandale Curve and it was confirmed there is not. He stated that could support it being a unique circumstance in terms of traffic and not having people park on the roadway. Commissioner Johnson asked about another alternative that would have two curb cuts rather than three. Mr. Opack commented that they did consider that but that would result in a large amount of sidewalk through the yard. PC Packet Pg. #11 May 25, 2021 Mendota Heights Planning Commission Meeting Page 12 of 16 Commissioner Toth referenced the original building permit and asked if those plans included a curved driveway. Community Development Director Tim Benetti commented that he did not review the original building permit. He noted that the property was previously addressed from Sylvandale and the previous property owner switched it to Ivy Falls Court. He noted that this driveway would not change the addressing or functionality of the property. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF THE VARIANCE FOR THE ADDITIONAL DRIVEWAY, WHICH WOULD EXCEED THE 25 FOOT WIDTH ALLOWED AT THE PROPERTY LINE, BASED ON THE FINDINGS OF FACT THAT SUPPORT THE GRANTING OF THE VARIANCE REQUESTED AS DETAILED IN THE STAFF REPORT. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its June 1, 2021 meeting. D) PLANNING CASE 2021-08 PROPOSED ORDINANCE NO. 566 – PRESCRIBED GOAT GRAZING CITY OF MENDOTA HEIGHTS – ZONING CODE AMENDMENT Community Development Director Tim Benetti explained that the Planning Commission is being asked to consider a draft ordinance which would allow the temporary keeping of goats on properties for prescribed grazing purposes only. Prescribed grazing refers to the natural elimination of certain invasive or noxious vegetation by goats, with said grazing allowed by special permit only. Hearing notices were published. CommunityDevelopment Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff reviewed the available actions the Commission could take. PC Packet Pg. #12 May 25, 2021 Mendota Heights Planning Commission Meeting Page 13 of 16 Chair Field asked if there is anyone interested in immediately using goats if approved. Community Development Director Tim Benetti confirmed that at least four or five property owners have requested this use. He stated that while there is perhaps an issue with timing, buckthorn remains throughout the season and therefore goats could be used midsummer or into the fall. Commissioner Katz referenced C5 related to the number of goats and prescribed grazing area. He asked if the prescribed grazing area would be the entire lot, or the area grazed specifically. Chair Field noted that the temporary enclosure would define the grazing area. Commissioner Johnson stated that a resident took time and effort to speak to experts and provided that input to the City. She stated that several of those suggestions could be important to add into the ordinance. She referenced comments that were provided related to the number of allowed goats in order to use the goats for a smaller period of time. She stated that she understands many cities use the one tenth threshold but believed the topography and amount of material to be grazed helps to determine the number of goats needed rather than the size of the area. She stated that while the language suggests that supplemental feeding can occur, she would not suggest that as the goats should be hungry to eat the buckthorn. She stated that if the goats become unhealthy, they should be removed and treated offsite by the contractor that owns the goats. She stated that the Invasive Jumping Worm is in Mendota Heights and is difficult to control, noting that the only way to stop the spread of that is through prevention. She referenced the use of a hoof bath for the goats which would help to prevent the spread of the Invasive Jumping Worm. She stated that goats should also be required to have a three day clean out period on their home property before being brought to a new location. Commissioner Corbett asked where that information was gained. Commissioner Johnson stated that it was within an email from a resident dated February 21st. She commented that it is important to think about the invasive species aspect. She stated that she would also support the use of a higher number of goats in order to use the goats for a smaller period of time. Commissioner Corbett stated that those comments seem appropriate. He agreed that the need for the number of goats should depend upon the density of the invasive material. He referenced the three day clean out period and asked for details on whether a goat would be counterproductive after a certain number of days if the seeds are coming back out. Commissioner Johnson commented that she believes it would be smart to work to reduce introduction of new invasive species. Chair Field stated that because there is no pressing urgency, perhaps Commissioner Johnson connect staff with the author of the email in order to incorporate those suggestions into the ordinance language. PC Packet Pg. #13 May 25, 2021 Mendota Heights Planning Commission Meeting Page 14 of 16 Commissioner Lorberbaum stated that she hopes that the Commission provide any additional comments to staff as well to ensure the next review would be more expedient. Commissioner Toth referenced the issues of shelter and predator control. He asked it would be handled if a goat were killed by a predator; if there would be a policy related to daily fecal control; and daily care, specifically whether someone is checking the condition of the goats daily. Commissioner Lorberbaum asked how this ordinance differs from the ordinance used by Inver Grove Heights. Community Development Director Tim Benetti commented that staff from that city did a lot of research and the City Attorney agreed that this was a good ordinance to start with, so there is not much difference in this proposed ordinance. Commissioner Lorberbaum stated that the proposed fence would not exceed six feet in height and asked if something should be included for a minimum fence height to ensure the barrier is sufficient. Community Development Director Tim Benetti confirmed that could be done. Commissioner Corbett noted that there would be a desire for natural containment from the owner of the goats. He stated that staff could follow up with a goat owner to determine an appropriate minimum. Commissioner Lorberbaum asked why the applicant would not be the property owner rather than the goat owner. She stated that the property owner should perhaps be the applicant and the goat owner could be a co-applicant. Community Development Director Tim Benetti used the example of a homeowners association, noting that the goat owner could then represent the property as one applicant rather than listing multiple applicants. Chair Field stated that perhaps it would be a joint application between the property owner and goat owner to ensure the conditions related to the goats are addressed. He stated that if there is an issue, the goat owners should be accountable for their goats and if the property owner is the only applicant the contact information for the goat owner may not be provided. Commissioner Katz stated that perhaps there would be a courtesy to neighbors that notification would be provided to neighbors if this permit is desired. Community Development Director Tim Benetti confirmed that is part of the ordinance as proposed. Commissioner Petschel stated that requiring a goat owner to be on the application would be similar to what is required for building permits, in which a roofing contractor is listed for roof replacement. PC Packet Pg. #14 May 25, 2021 Mendota Heights Planning Commission Meeting Page 15 of 16 Commissioner Corbett asked if there is licensing required for people to own goats and use them in this way. Community Development Director Tim Benetti commented that while there are companies out there that do this type of work, there is not specific licensing required. Commissioner Corbett asked how a goat provider would be held liable. Commissioner Petschel commented that liability insurance would be required. Commissioner Johnson stated at the February 23rd meeting it was stated that Burnsville had an animal event questionnaire and asked if that would be included or not included. Community Development Director Tim Benetti stated that the permit application or template format has not yet been developed. He explained that a lot of information would be required to be supplied for the permit. Chair Field opened the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO TABLE THE PUBLIC HEARING TO THE JUNE MEETING. AYES: 7 NAYS: 0 New/Unfinished Business B) PLANNING CASE 2021-07 ORDINANCE NO. 568 – MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) - CITY OF MENDOTA HEIGHTS – ZONING CODE AMENDMENT Community Development Director Tim Benetti explained that the Planning Commission is being asked to review draft Ordinance No. 568, which represents the beginning steps in the replacement and creation of a new Mississippi River Corridor Critical Area (MRCCA) Ordinance for the community. Community Development Director Tim Benetti suggested the idea of the Commission holding a workshop to discuss this topic as it will take multiple hours to get through the nuisances of this item. Commissioner Lorberbaum stated that she has a number of comments. Community Development Director Tim Benetti suggested that be done in email to staff. Commissioner Petschel asked if the actual overlay is changing. PC Packet Pg. #15 May 25, 2021 Mendota Heights Planning Commission Meeting Page 16 of 16 Community Development Director Tim Benetti replied that the outline or demarcation of the corridor has not changed. Chair Field confirmed the intent of the Commission to hold a workshop. He stated that an invitation could be extended to the City Council and/or Park and Recreation Commission as optional, should those members have an interest in this topic. He asked that the workshop not be in close proximity to the regular Commission meeting date. Community Development Director Tim Benetti confirmed that he would attempt to coordinate that and send out potential dates. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: x The Comprehensive Plan has been deemed complete by the Metropolitan Council, and is going through its final review. The new plan will be brought back to the city for official adoption later. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 9:27 P.M. AYES: 7 NAYS: 0 PC Packet Pg. #16 Planning Staff Report DATE:June 22, 2021 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case 2021-09 PRELIMINARY / FINAL PLAT of SWEENEY 2nd ADDITION APPLICANT:Mike Fritz (M & M Homes) PROPERTY ADDRESS:777 Wentworth Avenue ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:September 23, 2021 INTRODUCTION The applicant is seeking a new preliminary and final plat approval on the property generally located at the northeast corner of Wentworth Avenue and Wachtler Avenue (Dakota Co. Road No. 8). The property is officially addressed as 777 Wentworth Avenue. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcels. As of the submittal of this report, there have been no comments or objections to this subdivision request. BACKGROUND The overall property originally began as a 3.22 +/- acre sized, single-family parcel, with an existing single- family dwelling, two-car tuck-under garage, a 20’ x 40 detached garage, and a couple of accessory sheds. At the June 25, 2019 Planning Commission meeting, the former property owner Ed Sweeney, presented a new preliminary plat titled “Sweeney Addition” which proposed a subdivision plat consisting of three new lots on the parcel. Mr. Sweeney intended to keep one lot (the middle) for himself and sell off the other two for future development. The Planning Commission unanimously recommended approval of the plat, and the City Council later adopted Resolution No. 2019-47 on July 2, 2019, approving the preliminary plat with certain conditions. On September 17, 2019, the City Council later adopted Res. No. 2019-64, which approved the Final Plat of Sweeney Addition. Mr. Sweeney later filed/recorded this plat with the county. In late March 2021, staff met with Mr. Mike Fritz with M & M Homes and others on the subject site, where they expressed an interest in taking over the entire Sweeney property, and developing it with four new homes. Shortly thereafter, it was announced that Mr. Sweeney sold the rights to his property to LDK Builders and M & M Homes (Mike Fritz). Mr. Fritz and his group are now seeking to officially re-plat the original Sweeney Addition into four lots, to be titled “Sweeney 2nd Addition”. PC Packet Pg. #17 Planning Report: Case #2021-09 Page 2 ANALYSIS ™Comprehensive Plan The subject parcel is guided LR-Low Density Residential in the 2030 Comprehensive Plan;and is scheduled to remain guided LR-Low Density Residential under the proposed 2040 Comprehensive Plan. The applicant is requesting to subdivide the subject property into four (4) parcels, consisting of one parcel with 0.71 acres and the remaining three with 0.58 acres each. The overall site consists of 2.54 of total net developed acres. The comp plan providesthat new single-family residential developments must not exceed a maximum density of 2.9 units per acre. In this case, the calculations is 1.58 units/acre (calc. 4 units @ 2.54 ac. = 1.58). ™Plat Standards Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district. All new lots must have a minimum of 15,000 sf. of lot area and minimum 100-feet of frontage along a public roadway. All four lot meet these minimum standards. The developer has provided a general “Preliminary Plan” for the plat, which illustrates the proposed dwelling pad sites for four new homes. This Plan also includes the proposed grading/drainage plans and erosion control plans. These pad sites are not the official or represent the final locations of each new home; and should be viewed for illustrative purposes only by demonstrating how the new house pads can fit on each lot, and how new grades and other improvements may work on the site. The final dwelling layout, grades, landscaping and other improvements will be approved under separate building permits for each lot. With the proposed pad layout established on the far-westerly Lot No. 4, and due to the curvilinear shaped corner lot line arrangement on this lot, the three remaining lots have a front yard setback well beyond the standard 30-foot setback for R-1 District lands, and are shown with an 80-foot setback from Wentworth Avenue. The large depths of the lots will easily accommodate rear yard setbacks for each new home; and the side yard setbacks will be determined by the height of each new dwelling, at either 10-feet or 12.5 feet. The new driveways to serve these four homes are shown with a split-fingered design, with two driveways meeting at the front ROW/property boundary line on a single, 30-foot wide shared access point off Wentworth Avenue. These two shared access points were made part of the conditions of approval set by Dakota County with the original Sweeney Addition. Beyond the ROW line, the new driveways are required to split apart and meet the required 5-ft. setback from lot lines; and maintain at least a 10-ft. separation from edge to edge. City Code Section 11-2-3 requires any new plat to identify and delineate any adjacent wetland features and any existing slopes greater than 33% in grade. Under the original Sweeney Addition plat, the city required Mr. Sweeney to identify this area of the nearby creek channel and sloped areas, and required this area be covered by a drainage and utility easement. This easement is still shown on the survey/preliminary plat map of the site in the westerly area of new Lot 4; and there are no changes to this easement proposed under this new plat. All new drainage and utility easements around each lot will be re-established under the new plat. As part of the original Sweeney Addition plat review, the city also conditioned that a separate wetlands permit must be obtained prior to any proposed development activities or new home permit on Lot 3, which is now essentially Lot 4 in this new second addition plat. The proposed layout shown on the Preliminary Plans is not official or the final determination of the new home layout; and the future wetlands permit review will provide a more accurate depiction or development plan for this lot next to the creek/wetland feature. PC Packet Pg. #18 Planning Report: Case #2021-09 Page 3 Lot 4 is shown with new retaining wall running along the westerly edge of the graded pad site. This wall starts out at 2-ft. in height (near the road ROW edge), and increases up to 10-ft. in height along most of the wall’s length along the creek channel. The wall then turns 90-degrees to the right (east) and runs along the back edge of the new bio-filtration pond on the back of this lot. Similar walls are also planned along the westerly and northerly edges of Lots 3 and 2 , but are slightly smaller at approx. 4-6 feet in overall height. The back area of Lots 2 and 4 contain a new oval-shaped bio-filtration basin for on-site stormwater management. The Lot 2 basin is connected to the basin behind Lot 4 with a 10-inch PVC pipe, where the stormwater eventually empties out to the west and into the creek. The developers will be removing the old dwelling on the property, along with the surrounding outbuildings. As part of these old structure removals, a number of trees along the front edge of Wentworth Avenue will need to be removed for the new homes and driveways. A number of trees will also be removed along the east edge of the plat and the area of the new storm basin feature near the northwest corner. The developers have stated they will make every effort to save and protect any significant tree(s) throughout the site; and have agreed to provide individualized and custom designed (architectural) landscape plans on each new home site that will comply with the city’s Pollinator Friendly Policy, with new trees and vegetation to comply with the related Native Plantings List. ™Dakota County Review Because this property fronts on a Dakota County road system (County Road No. 8), this plat requires county review and approval. This proposed plat was presented to the Dakota County Plat Commission on June 9, 2021; and the subsequent review letter summarizing the county plat commission’s findings is appended to this planning report. The former owner previously dedicated the requested amount (40-feet) of right-of-way to Dakota County along both segments of Wentworth Avenue and Wachtler Avenue. This new replat does not require any new or additional ROW dedication. The county also recognized and approved the original westerly shared access along Wentworth Avenue (granted under the first Sweeney Addn. plat) to be shifted 20-feet to the east, due to the added 4th lot and lot line adjustment requested under this new 2nd Addition subdivision. The county has conditioned that any access/driveway construction work, or any work within the county right-of-way must be approved by separate permit through Dakota County Transportation Department. As part of the original Sweeney Addition in 2019, the county also requested the former owner provide a quit claim deed to restrict access along Wentworth and Wachtler Avenues, except for those two shared access areas along Wentworth Ave. Because the developer has requested the shift of the west access, the county has agreed to release the original restricted access agreement made with Mr. Sweeney in 2109; and requeststhe new owner(s) provide another restricted access agreement that reflects the revised access points for this development site. The plat commission memo also states that this plat will be presented to the Dakota County Board of Commissioners on July 20, 2021. If the plat is recommended for approval by the city planning commission and approved later by the City Council at the July 6th agenda, the city will add a condition this plat may not be released or signed by the city until final county approval has been granted on this plat. REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the Preliminary Plat of Sweeney 2 nd Addition, based on the attached findings of fact and conditions of approval as noted herein; OR PC Packet Pg. #19 Planning Report: Case #2021-09 Page 4 2. Recommend denial of the Preliminary and Final Plat of Sweeney 2nd Addition based on certain revised or determined findings of fact (by the Planning Commission); OR 3. Table the plat application, and request additional information from the Applicant and/or city staff. RECOMMENDATION The Planning Commission may forward a recommendation to the City Council to approve the Preliminary and Final Plat of Sweeney 2nd Addition, with the following conditions: 1. The concept plans presented under this plat request do not represent or provide approval of building layouts or setbacks. Final layouts and setbacks must meet R-1 Zone standards and shall be approved under separate building permits for each lot. 2.Prior to any new development work on the site, all existing (and non-conforming) structures on the subject property will be removed with an approved demolition permit issued by the City. 3. A building permit, including all new grading and drainage work, must be approved by the City prior to the commencement of any new construction work. 4. A complete and detailed landscaping plan must be submitted with a new building permit on each lot for review and approval by city staff. As per the city’s Pollinator Friendly Policy, the developer will ensure all new trees and landscaping complies with the city’s Native Plantings List. 5. All new construction and grading activities throughout this development site and on each new buildable lot will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 6. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 7. A wetlands permit must be obtained prior to any proposed site development activities (including the new storm water basin) or any new home permit is approved on Lot 4 of this plat. 8. An additional park dedication fee of $4,000.00 must be paid before the final plat is released by the city for recording with Dakota County. 9. All work on this development site will only be allowed between the hours of 7:00 AM to 8:00 PM Monday through Friday and 9:00 AM to 5:00 PM on the weekends. 10.All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. Attachments 1. Site map 2. Dakota Co. Plat Commission Review Ltr. 3. Preliminary / Final Plat – Sweeney 2 nd Additio(06/15/2021)n 4. Preliminary Site Plans – Sweeney 2 nd Addition 5. Tree Preservation & Protection Plan (Plantings List) PC Packet Pg. #20 Planning Report: Case #2021-09 Page 5 FINDINGS OF FACT FOR APPROVAL Preliminary Plat of Sweeney 2 nd Addition 777 Wentworth Avenue The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed plat meets the purpose and intent of the Subdivision Code. 2. The proposed plat request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 3. The proposed lots will meet the minimum standards required under the R-1 One Family Residential District. 4. A wetlands permit for future construction on Lot 4 will require compliance with applicable land disturbance and drainage standards to ensure there are no negative impacts to the surrounding water body and natural environment. PC Packet Pg. #21 Planning Report: Case #2021-09 Page 6 EXISTING DWELLING – 777 WENTWORTH AVENUE (Mr. Sweeney’s Residence) LOOKING NORTHWARD – TOWARDS RESIDENCE PC Packet Pg. #22 Planning Report: Case #2021-09 Page 7 LOOKING NORTHWESTERLY –FRONT AREA OF LOT 1 LOOKING NORTHERLY - BACK SIDE OF LOT 1 (SHED IN BACKGROUND) PC Packet Pg. #23 Planning Report: Case #2021-09 Page 8 LOOKING WESTERLY – REAR YARD AREA OF RESIDENCE LOOKING WESTERLY PC Packet Pg. #24 Planning Report: Case #2021-09 Page 9 LOOKING NORTHERLY - REAR AREA OF NEW LOT 3 LOOKING WESTERLY – TOWARD CREEK (AREA OF LOT 3) PC Packet Pg. #25 PC Packet Pg. #26 PC Packet Pg. #27 777777 WWeennttwwoorrtthh AAvvee.. Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 11 iinncchh ==110088 ffeeeett 6/18/2021 PC Packet Pg. #28 Dakota County Surveyor’s Office Western Service Center ‚ 14955 Galaxie Avenue ‚ Apple Valley, MN 55124 952.891-7087 ‚ Fax 952.891-7127 ‚ www.co.dakota.mn.us June 15, 2021 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: SWEENEY 2ND ADDITION MENDOTA HEIGHTS The Dakota County Plat Commission met on June 9, 2021, to consider the preliminary plat of the above referenced plat. The plat is adjacent to County Road 8 (Wentworth Ave. and Wachtler Ave.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed replat plat includes 4 residential lots. The right-of-way needs for a two-lane urban roadway are 50 feet of half right of way. However, due to the existing houses in the area and the recent County construction project to the east, the Plat Commission allowed modification to the right-of-way needs and required 40 feet of half right of way on the SWEENEY ADDITION in 2019. The Dakota County Access Spacing Guidelines along CR 8 for a two-lane roadway are 1/8 mile (660 feet) spacing. The plat includes two access openings as shared driveways. The proposed plat relocates the western access 20 feet easterly from the SWEENEY ADDITION. The County would require releasing the existing restricted access Document No. 3368590 by a quit claim deed from the County to the property owner. With the recording of this proposed plat, a new restricted access document would be required a quit claim deed to the County. As noted, the proposed shared driveways should be narrowed or tapered at the right of way line towards CR 8, which would limit one vehicle to access CR 8. The driveway design will be reviewed through the permitting process. Restricted access should be shown along all of CR 8 except for two 30- foot access openings along the new right of way line. A quit claim deed to Dakota County for restricted access is required with the recording of the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners on July 20, 2021. Traffic volumes on CR 8 are 2,700 ADT and are anticipated to be 3,700 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the PC Packet Pg. #29 permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Mike Fritz, M and M Quality PC Packet Pg. #30 PC Packet Pg. #31 PC Packet Pg. #32 PC Packet Pg. #33 SHEET INDEXT01 TITLE SHEETS10 BOUNDARY AND TOPOGRAPHIC SURVEYC10 GRADING & DRAINAGEC20 EROSION & SEDIMENT CONTROLC30 SWPPPTHE SUBSURFACE UTILITY INFORMATION IN THIS PLAN ISUTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WASDETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE38-02, ENTITLED "STANDARD GUIDELINES FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACEUTILITY DATA."THE EXISTING UTILITY INFORMATION SHOWN IN THIS PLAN HASBEEN SURVEYED BY OTHERS; THE CONTRACTOR SHALL FIELDVERIFY EXACT LOCATIONS PRIOR TO COMMENCINGCONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY 811 ORGOPHER STATE ONE CALL (1.800.252.1166).PRELIMINARY PLANS FOR THESWEENEY ROAD 2ND ADDITIONMENDOTA HEIGHTS, MNJUNE 2021PROJECT LOCATIONPLAN REFERENCES:1. MINNESOTA DEPT. OF TRANSPORTATION - STANDARDSPECIFICATIONS FOR CONSTRUCTION, LATESTEDITION.2. CITY ENGINEERS ASSOCIATION OF MINNESOTASTANDARD SPECIFICATIONS, LATEST EDITION.3. UNREINFORCED CONCRETE PER ACI 330R-08 AND ACI330.1-03.T01OWNERS:M&M Home Contractors, Inc.413 Paul Ave SCologne, MN 55322Attn: Mike Fritz, PresidentPh: (612) 554-2556mfritz@mandmquality.comLDK Builders, Inc.Attn: Larry Kuperus, Ownerldkbuilders@gmail.comSURVEY:Acre Land Surveying, Inc.9140 Baltimore St NE Ste 100Blaine, MN 55449Attn: Joshua P. Schneider, PLSPh: (763) 238-6278js.acrelandsurvey@gmail.comCIVIL:Civil Methods, Inc.PO Box 28038St. Paul, MN 55128Attn: Kent Brander, PEPh: (763) 210-5713kent.brander@civilmethods.comCITY / TOWNSHIP:City of Mendota Heights1101 Victoria CurveMendota Heights, MN 55118Attn: Ryan Ruzek, Public Works DirectorPh: (651) 452-1850rruzek@mendotaheightsmn.govWATERSHED DISTRICT:Lower Mississippi WMO4100 220th St W, Ste. 102Farmington, MN 55024Attn: Joe Barten, AdministratorPh: (651) 480-7784joe.barten@co.dakota.mn.usARCHITECT:STRUCTURAL:KEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:56 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Title.dwg06-07-2021 Preliminary Grading and Drainage PlanFeet0 2000 4000 PC Packet Pg. #34 PC Packet Pg. #35 G=892.80TF=893.10LL=882.80WOBG=882.30G=900.50TF=900.80LL=892.50WOBG=892.00G=902.50TF=902.80LL=894.50WOBG=894.00G=884.20TF=884.50LL=874.20WOBG=873.7033' - 12" PVC SCH 40 @ 0.91%8708728688668648668688708729009028808788848828868848788768748848 7 8 8 7 6 8748728708 9 2 890886894896898900900898896894892890886884876874898896892894143'-10"PVCSCH40@9.08%8788768 8 2 8808808929008868888908888868888908 8 0882-7.9%-6 .0 %-3 .4 %-4.3%CB01RIM: 877.00INV IN: 872.64 6" SINV OUT: 871.00 10" WFES01INV: 858.0CB02RIM: 858.00INV IN: 854.30 6" EINV OUT: 854.30 12" WFES02INV: 854.0856858860860858856BENCHMARKSEE SURVEY DOCUMENTATIONC10KEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:58 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Grading.dwg06-07-2021 Preliminary Grading and Drainage PlanFeet03060LEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOURROCK RIPRAP, RANDOM CRUSHEDINFILTRATION BASIN SEED/PLANTINGSPROP. FLOW DIRECTIONGENERAL NOTES:1. The subsurface utility location information in this plan is utility quality level D. This utility qualitylevel was determined according to the guidelines of CI/ASCE 38-02, titled “Standard Guidelinesfor the Collection and Depiction of Existing Subsurface Utility Data.” Engineer does not guaranteethe accuracy of utility locations or that all existing utilities are shown.2. See Preliminary Plat for proposed parcel nomenclature and easements.3. Tree Preservation: it is anticipated that all trees will be removed within the grading limits indicated.4. Contractor is responsible for locating utilities prior to digging.5. Construction shall comply with all applicable governing codes.6. Contractor is solely responsible for jobsite conditions, including safety of all persons and propertythroughout the duration of the project (not limited to working hours).7. Final grade shall be 0.5' below top of foundation elevation around building; all drainage shall bedirected away from buildings.8. Damaged items or property not identified for removal shall be repaired or replaced at Contractor'sexpense; no extra compensation will be allowed for repair or replacement not indicated on plansor agreed upon with prior written authorization from the Owner.9. Contours shown to finished grade.10. Point elevations shown at flow line, unless otherwise noted.1. Excavate basin to subgrade with light-weight equipment or from outside the basin footprint tominimize compaction. If compacted, scarify subgrade 12".2. Rough grade to within 6" of subgrade elevation during mass site grading operations. Excavate tofinal subgrade and install engineered soil media after upstream drainage area has beenstabilized.3. Prevent sheet flow from disturbed unvegetated areas from entering the graded basin directly;install sediment control log around top of basin (to remain in place until upslope area iscompletely vegetated and homes constructed).4. Plant native seed mix and blanket / hydromulch bottom and sideslopes (to overflow) of basins(see Sheet C50).INFILTRATION BASIN NOTES:BIOFILTRATION BASIN 1BOT = 875.0OUT = 877.0HWL = 879.3EOF = 879.3BERM = 879.8BIOFILTRATION BASIN 2BOT = 856.0OUT = 858.0HWL = 860.0EOF = 860.0BERM = 860.56" CPEPUNDERDRAIN @0.5% W/ CLEANOUT(SEE DETAIL)6" CPEPUNDERDRAIN @0.5% W/ CLEANOUT(SEE DETAIL)RETAINING WALLADD MAILBOXES ANDPADS PER CITY & USPSSTANDARDSREMOVE AND DISPOSEENTRANCE & CULVERT15" CMP CULVERTI=897.7 (E), 897.5 (W)15" CMP CULVERTI=886.5 (E), 885.0 (W)RIPRAPREINFORCEDOVERFLOWEL 860.0RIPRAPREINFORCEDOVERFLOWEL 879.3PC Packet Pg. #36 33' - 12" PVC SCH 40 @ 0.91%143'-10"PVCSCH40@9.08%-7.9%-6 .0 %-3 .4 %-4.3%C206/7/2021 4:58 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Erosion.dwgEROSION CONTROL NOTES:1. See SWPPP sheet for additional information; Contractor is responsible for obtaining MPCANPDES Construction Stormwater Permit prior to disturbance.2. Install construction entrance and perimeter controls prior to beginning grading operations.Additional stabilized entrances may be used; all construction traffic must enter and exit sitethrough stabilized entrance.3. Topsoil and erosion control items shall conform to Mn/DOT 2574-2575.4. A minimum of 4" of topsoil shall be placed in all green space.5. Erosion control blanket, Mn/DOT Cat.3 (3885) shall be installed as indicated.6. Inlet sediment control shall be in place during all phases of construction and until site isseeded and mulched. Type shall be as appropriate depending on construction phase.7. Inlet protection shall be removed by Contractor prior to winter freeze, and replaced in thespring if site stabilization is not achieved, or at the direction of the City Engineer.8. Sod or seed areas to be mowed / maintained with low-maintenance turf, Mn/DOT Mix25-131 (3876) or as directed by Owner.9. Seed infiltration basin bottom and sides with native wet & dry-tolerant seed, Mn/DOT Mix33-261. Alternatively, "rain garden" plant plugs may be installed for immediateestablishment of vegetation.10. Seed natural areas with general roadside Mn/DOT Mix 25-141 or alternate prairie mix.11. All seeded areas, including infiltration basin shall be seeded (or planted) and covered withhydraulic mulch matrix (3884.B2) or blanket (Cat. 0), unless noted otherwise.12. Sediment control logs shall be minimum 6" diameter and installed as indicated. Logs maybe straw, wood, or fiber (no compost) (3897).13. Random crushed riprap per Mn/DOT 3601 shall be of class and quantity as indicated, andshall include geotextile fabric (3733).14. Erosion discovered during construction shall be repaired immediately by the Contractor.15. Contractor is responsible for preventing sediment transport from site; sediment tracked ontoadjacent streets will be swept immediately upon discovery (incidental).16. Developer is responsible for removing erosion control features upon establishment ofpermanent erosion control.KEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:58 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Erosion.dwg06-07-2021 Preliminary Grading and Drainage PlanBENCHMARKSEE SURVEY DOCUMENTATIONLEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOURROCK RIPRAP, RANDOM CRUSHEDSILT FENCESEDIMENT CONTROL LOGINLET PROTECTIONDETAIL ID: NO./SHEETSTABILIZED CONSTRUCTION ENTRANCEINFILTRATION BASIN SEED/PLANTINGSPROP. FLOW DIRECTIONFeet03060EROSION CONTROL BLANKET, CAT. 31480 SY EC BLANKET, CAT 31190 LF SILT FENCERIPRAP W/ FABRIC AT OUTLETSSTABILIZED CONSTRUCTION ENTRANCEPC Packet Pg. #37 C30ALL CONSTRUCTION ACTIVITIES MUST MEET THE REQUIREMENTS OF THE MPCA'S. All sheets of this planset, as well as therelated Project SWMP, are hereby referenced as part of this SWPPP; any related pages shall be revised asappropriate for differing site conditions. Specific reference permit sections included in parenthesesthroughout.EROSION & SEDIMENT CONTROL1. The contractor shall use phased construction whenever practical to minimize disturbed area at any one time.2. A 50' natural buffer shall be preserved within surface waters adjacent to construction. If not feasible, redundant (double)perimeter sediment controls separated by 5.0' are required. Special Waters require 100' buffer.3. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than after theconstruction activity in that portion of the site has temporarily or permanently ceased.4. The following shall be installed within of connection to surface water or property edge:4.1. Energy dissipation (riprap) at all outlet aprons4.2. Stabilization of temporary or permanent drainage swales within 200' of property boundary or connection to surface wateR(e.g., storm sewer inlet, drainage swale, etc.)5. A vehicle tracking BMP must be installed at the site entrance where haul vehicles are entering and exiting the site, including: rockpad, slash mulch, wash rack, etc. Streets must be swept within 24 hours of discovery of offsite tracking.6. Temporary stockpiles must have silt fence or other applicable sediment control device around the base of the pile.7. The Contractor shall be responsible to control sediment-laden surface water from leaving site. All mobilized sediment that hasleft the construction zone shall be collected by the contractor and properly disposed of at no additional cost to the owner.9. Inlets shall be protected from sediment at all times, with appropriate protection installed for each phase of development.10. Infiltration / filtration basins shall not be excavated to final grade until contributing drainage area has been fully stabilized, unlessrigorous are incorporated to keep sediment from draining to the basins (16.4).11. When excavating to within 3' of final grade of infiltration / filtration system, areas shall be staked to ensure vehicles andequipment do not compact the soil.12. Adjacent roads must be inspected and kept clear of sediment; roads to be swept within 24 hours of tracked sediment discovery.13. Additional temporary BMPs may be required to reduce the potential for sediment transport during construction. If deemednecessary by onsite personnel, Engineer or Owner shall be contacted immediately for approval or guidance, if available.Otherwise best judgment shall be used to provide rapid stabilization or sediment controls as necessary to minimize potentialpollutant discharge.CONSTRUCTION IMPLEMENTATION SCHEDULE & PHASING1. Install perimeter silt fence / sediment logs, and construction entrance as shown prior to site disturbance.2. Complete soil stripping and rough grading of site.3. Install bioretention areas and outlet means.4. Install parking pavement and curbing as indicated.5. Replace topsoil and establish vegetative cover.6. Complete site restoration and final stabilization measures (remove temporary controls after construction acitivity has ceased andvegetation is established).7. Submit Notice of Termination (NOT) to MPCA within 30 days.DEWATERING & BASIN DRAINING1. Dewatering water, if necessary, must be discharged to a temporary or permanent sediment basin when feasible; if not feasible,appropriate BMPs must be used to prevent sediment-laden water from discharging downstream.2. Use appropriate energy dissipation measures on all discharges to prevent erosion at discharge outlet. Discharge must not causenuisance or erosive conditions to downstream properties or receiving channels. Excessive inundation of downstream wetlands isnot permitted (if applicable).3. If filters with backwash water are used, all backwash water must be hauled offsite for disposal, returned to the beginning of thetreatment process, or incorporated into the site in a manner not causing erosion.INSPECTIONS & MAINTENANCE1. The contractor must routinely inspect the construction site once every 7 days during construction, and within 24 hrs of receivingmore than12" of rain in 24 hrs. Rainfall amounts must be measured by a properly installed rain gage onsite, or from a weatherstation within 1 mile of the project, or from a weather reporting system with site specific radar rainfall summaries (11.11).2. All inspections and rainfalls >12" must be recorded and retained onsite with the SWPPP. Inspections shall include: date/time,name of individual, date & amount of rainfall, findings, corrective actions, observed discharge/location/description, any proposedSWPPP amendments.3. Inspections may be suspended when work is stopped due to frozen conditions. The Contractor's inspector must resumeinspections within 24 hours after runoff occurs at the site or prior to resuming construction, whichever comes first.4. Silt fence (or related perimeter control device) must be maintained when accumulated sediment reaches12 the height of thedevice, or if device becomes ineffective (by the end of the next business day following discovery).5. Permanent and temporary sediment basins, if applicable, shall be drained and cleaned when sediment depth reaches12 oforiginal storage volume; complete within 72 hrs of discovery. Must be cleaned prior to project completion.6. Non-functional BMPs must be repaired or replaced by the end of the next business day following discovery.7. Inspect downstream ditch / drainage system for signs of erosion or sediment buildup during each inspection; stabilize within 7days.8. Inspect vehicle exit locations and adjacent streets; remove sediment from surfaces within 1 day.POLLUTION PREVENTION1. All solid waste generated at the site must be disposed of in accordance with all applicable federal and state regulations.2. All hazardous materials must be properly stored/contained to prevent spills or leaks; materials must be properly disposed ofperapplicable regulations, including Minn. Rule Ch. 7045. Restricted access storage areas must be provided to preventvandalism.3. Vehicle or equipment washing must be confined to a defined area (minimum of 100' from pond or drainage ditch); runoffcontaining any hazardous materials must be collected and properly disposed of. Defined area must be delineated withheavy-duty silt fence (incidental); no engine degreasing is allowed on-site.4. Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials must be under cover to preventpollutant discharge, or protected by similar means to minimize potential contact with stormwater.5. Concrete and other washout waste must be effectively contained - solid and liquid washout waste must not contact ground andmust be disposed of properly in compliance with MPCA rules. A sign must be installed at washout area requiring personnel toutilize the proper facilities for disposal of concrete and other wastes.6. The contractor is solely responsible for monitoring air pollution and ensuring that it does not exceed levels set by any agency orLGU. This includes dust created by work performed at the site; air pollution and dust control measures are incidental to thecontract. The engineer may require additional dust control measures to be implemented, as necessary.7. Adequate temporary restroom facilities shall be present onsite in a stable and secure location during construction operations,and shall be maintained in an adequate functioning condition.FINAL STABILIZATION1. The Contractor must ensure final site stabilization meets the Permit requirements, and submit the NOT within 30 days.2. Final stabilization includes uniform perennial vegetative cover of at least 70% of the expected final growth density over the entirepervious surface area, or other equivalent cover to prevent soil erosion.3. All temporary synthetic and structural BMPs must be removed as part of final stabilization.RECORD RETENTION1. The SWPPP, all revisions to it, and inspection & maintenance records are the responsibility of the Contractor and must remain atthe site during construction hours. The materials may be kept in a field office, onsite vehicle, or "SWPPP Mailbox".2. Training documentation shall be provided by Contractor as outlined below and required.3. The SWPPP, project permits, inspection/maintenance logs, stormwater maintenance agreements, and stormwater managementdesign calculations must be retained for 3 years after submittal of permit NOT. Contractor shall provide Owner or Engineercopies of inspection and maintenance logs prior to final payment.TRAINING REQUIREMENTS1. The permittees must comply with the training requirements as outlined in Section 21 of the Permit. The Contractor shall have atrained individual performing BMP installations and inspections, as required.2. Training table (below) to be completed prior to construction, as appropriate.SITE AND CONSTRUCTION DESCRIPTION:This project includes site grading for a new residential subdivision in Mendota Heights, Dakota County, MN (Lat: 44.898390,Long: -93.125230).The site work will include disturbance of 2.35 acres of the 2.44 acre property for the grading of 4 residential lots, as well asdrainage and stormwater management features. Approximately 5,300 CY of material will be excavated and relocated on-site,and all areas will be stabilized and restored as indicated in the plans. Riprap will be installed at pipe outlets.The existing site is a residential lot and no groundwater or soil contamination is anticipated (16.15).The Contractor shall sign the MPCA NPDES Construction Stormwater Permit application as "Operator" and be solelyresponsible for meeting the erosion and sediment control requirements of the permit.Disturbed Area:2.35 acresPre-Construction Impervious Area:0.17 acresPost-Construction Impervious Area:0.63 acresNewly Created Impervious Area:0.46 acresPermanent Stormwater Treatment Required (If >1.0 acre):Not required by MPCA Permit; required by CityPERMANENT STORMWATER MANAGEMENTPermanent stormwater management is required by the City of Mendota Heights, and is described in detail in the projectStormwater Management Plan (SWMP) document. In summary, the site has been designed to capture and treat a WQV of 1.1"from the site impervious area using biofiltration (rain gardens). Discharge rates from the site have been maintained for the 2-,10-, and 100-year, 24-hour storms.The soil over the site consists of loam, sandy loam, and loamy sand, with most of the site classified as Hydrologic Soil Group(HSG) C, with low permeability. This indicates limited potential for infiltration practices to be used for stormwater management.The property drains primarily to the west, into a low area drained by a culvert discharging to the southwest. Small portions of theproperty drain to the northeast and the east. For the portion of the project that discharges to the west, further downstream therunoff enters a stream impaired for aquatic recreation. The additional measures required by Section 23.1 of the Permit fordischarge to an impaired water have been accounted for in the design and this SWPPP.SOILS MAPDOWNSTREAM SURFACE WATERS AND WETLANDSPROJECT SITEAUID 07010206-542UNNAMED CREEK TOMISSISSIPPI RIVERIMPAIRED USE: AQRFeet0 2000 4000RESPONSIBLE PARTIES & TRAINING SUMMARYCOMPANYCONTACT PHONETRAININGDATECOURSE / ENTITY CONTENTOWNER:NANANASWPPP PREPARER:CIVIL METHODS, INC. KENT E. BRANDER, PE763.210.57138/31/2018 CMI EDU SERIESSWPPP PREP FOR 2018NPDES PERMITGENERAL CONTRACTOR /INSPECTOR:EROSION & SEDIMENTCONTROL INSTALLER:PERMANENT BMPOPERATOR / MAINTAINER:NANANAKEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:58 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_SWPPP.dwg06-07-2021 Preliminary Grading and Drainage PlanSITEDISCHARGEHSG CHSG CHSG BHSG BPC Packet Pg. #38 304730483056313631463145314431343142314031393141316731663165316431633161316031593158315732003200315632063155315431533152315131503148314731963197307630753074307330773078307930713080306930723068307030813067306630643083308230623063305330523051306130493050306030593058305730543055309730983099310031073101314931833184318531863189319031913192319331943187320432033202320131743173317531763168316931703171317231623177317831803181318231798708728748768788 8 08 8 2 88488689089289489689890089289088888688488288087887687487287086886686486286085885687887688688889089289689489890088288087887687487290290089088888688488288 0 8 7 8 L106/17/2021 12:07 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Trees.dwgKEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/17/2021 12:07 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Trees.dwg06-07-2021 Preliminary Grading and Drainage PlanLEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOUREXISTING TREEFeet03060TREE - REMOVESEPARATE BUILDING PERMITS TO BEREQUIRED FOR INDIVIDUAL LOTS 1-4. PRIORTO PERMIT ISSUANCE, OWNER SHALL BEREQUIRED TO SUBMIT A LOT-SPECIFICVEGETATION PLAN INCLUDING TREE ANDPLANT SPECIES, PLACEMENT, ETC.INDIVIDUAL LOT LANDSCAPING AND TREEREPLACEMENT PLANS SHALL ADHERE TOCITY OF MENDOTA HEIGHTSPOLLINATOR-FRIENDLY POLICY, WHICHINCLUDES THE POLLINATOR-FRIENDLYPLANT LIST (SEE BELOW).POLLINATOR-FRIENDLY PLANTING LIST1PC Packet Pg. #39 STORMWATER MANAGEMENT PLAN SWEENEY ROAD 2ND ADDITION MENDOTA HEIGHTS, MN DATE: JUNE 7, 2021 PREPARED FOR: M&M Home Contractors / LDK Homes Attn: Mike Fritz 413 Paul Ave S Cologne, MN 55322 PREPARED BY: Civil Methods, Inc. PO Box 28038 St. Paul, MN 55128 ENGINEER CERTIFICATION: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. Name: Kent Brander, PE Signed: Date: 06-07-2021 Registration: MN No. 44578 PC Packet Pg. #40 Sweeney Road 2nd Addition – SWMP June 2021 Civil Methods, Inc. Page | i Table of Contents 1. INTRODUCTION ............................................................................................................................................. 1 2. EXISTING SITE CONDITIONS ........................................................................................................................... 1 3. PROPOSED SITE CONDITIONS ........................................................................................................................ 2 4. STORMWATER TREATMENT REQUIREMENTS ................................................................................................ 2 4.1 RUNOFF VOLUME CONTROL ................................................................................................................................ 2 4.2 RUNOFF RATE CONTROL ..................................................................................................................................... 2 4.3 WATER QUALITY CONTROL ................................................................................................................................. 3 APPENDIX A – SOILS INFORMATION APPENDIX B – DRAINAGE DIAGRAMS APPENDIX C – HYDROCAD REPORT PC Packet Pg. #41 Sweeney Road 2nd Addition – SWMP June 2021 Civil Methods, Inc. Page | 1 1. INTRODUCTION The property located at 777 Wentworth Ave in Mendota Heights, Dakota County, Minnesota is proposed to be subdivided into 4 residential lots. This SWMP addresses the grading and stormwater controls necessary to mitigate the impacts of the project. Governmental agencies with jurisdiction over drainage and stormwater for this project include: x City of Mendota Heights (City) x Lower Mississippi River Watershed Management Organization (LMRWMO) x State of Minnesota (State) Where needed, site conditions have been modeled with the HydroCAD modeling software using the TR-20 methodology and Atlas 14 design rainfall amounts. Applicability x Project requires a NPDES/SDS Permit because more than 1 acre of soil disturbance is anticipated. x Project is subject to the rule and permitting requirements of LMRWMO. x Project is subject to City code, specifically the Land Disturbance Guidance Document. Regulatory Stormwater Requirements: 1) Provide for volume control onsite equal to 1.1 IN of runoff from all new impervious surfaces. 2) Limit peak runoff flow rates to existing conditions for the 2, 10, and 100-year storms. 3) Provide for 50% TP reduction relative to existing conditions. 4) Freeboard of 2 FT above 100-year HWL; EOF minimum 1.5 FT below lowest adjacent grade to structure. 2. EXISTING SITE CONDITIONS Under existing conditions, the property contains a house, garage, accessory structures, driveway, and green space (lawn, trees, and garden areas). The property drains primarily to the west, into a low area drained by a culvert discharging to the southwest. Small portions of the property drain to the northeast and the east. The soil over the site consists of loam, sandy loam, and loamy sand, with most of the site classified as Hydrologic Soil Group (HSG) C, with low permeability (see Appendix A). This indicates limited potential for infiltration practices to be used for stormwater management. PC Packet Pg. #42 Sweeney Road 2nd Addition – SWMP June 2021 Civil Methods, Inc. Page | 2 3. PROPOSED SITE CONDITIONS Under proposed conditions, the property will be divided into 4 residential lots. 2 shared driveway accesses will be provided (one for the two westerly lots, another for the two easterly lots). Custom graded pads are anticipated for all the lots. The amount of impervious area for the development is assumed to be 27268 SF (conservatively high assumption). Under proposed conditions, most runoff from the site will drain north into 2 proposed biofiltration basins with underdrains, will provide the requisite treatment for volume, rate, and water quality. Both basins will discharge to the west into the adjacent low area and creek. 4. STORMWATER TREATMENT REQUIREMENTS 4.1 RUNOFF VOLUME CONTROL The proposed project adds 27268 SF of impervious area to the site. City standards dictate that stormwater management measures must provide for the retention onsite of 1.1 IN of runoff from the new impervious area. This results in a volume control requirement of 2500 CF. Drawdown of water levels in infiltration or filtration facilities must occur within 48 hours. Using a conservatively low infiltration rate of 0.5 IN/HR, 2.0 FT depth of ponding below overflow is acceptable. Proposed biofiltration basins 1 and 2 will each retain a volume of 1252 CF with a depth of 2.0 FT below outlet elevation, for a total of 2504 CF volume retention. This design meets the infiltration volume and depth requirements. 4.2 RUNOFF RATE CONTROL As indicated above, stormwater management measures must limit peak runoff flow rates to that of existing conditions for the 2-, 10-, and 100-year storms. The site has been modeled with the HydroCAD modeling software to ensure this rate control requirement is met. The simulations have been run for Atlas-14 rainfall totals using the SCS method for runoff generation for the design rainfall events. A detailed description of HydroCAD model parameters and results are provided in Appendix C. PC Packet Pg. #43 Sweeney Road 2nd Addition – SWMP June 2021 Civil Methods, Inc. Page | 3 Table 1. Summary of Peak Discharge Information Discharge from the eastern biofiltration basin will be controlled with a 12” catch basin, with grate overflow at elevation 878.4 and a 7.7” orifice at elevation 877.0. The catch basin will discharge through a 10” HDPE outlet pipe connected at elevation 871. The outlet pipe will discharge into the western biofiltration basin at elevation 858.0. Discharge from the western biofiltration basin will be controlled with an 18” catch basin outlet structure, with grate overflow at elevation 858.0. The catch basin will discharge through a 12” HDPE outlet pipe connected at elevation 854.5. The outlet pipe will discharge to the west at elevation 854.0, with riprap provided at the outlet for energy dissipation. 4.3 WATER QUALITY CONTROL The water quality requirement of reduction of TP by 50% relative to existing conditions is achieved for the site due to the treatment provided by the biofiltration basins. Under existing conditions, no runoff treatment is provided and the existing house, driveway, and lawns discharge directly to the creek. Under proposed conditions, no significant source of phosphorus will be added to the site, but almost the entire site will be treated with the biofiltration basins. Per the Minnesota Stormwater Manual, assuming the phosphorus from the site is 55% particulate and 45% dissolved, bioretention systems with underdrains can be expected to remove 53% of TP from the site, which indicates greater than a 50% reduction of TP relative to existing conditions. Location Conditions Node 2-YR 10-YR 100-YR Existing A1X 1.68 3.81 9.62 Proposed B1P 1.32 3.78 8.49 Existing A2X 1.24 2.39 5.27 Proposed A2P 1.21 2.25 4.80 Existing A4X 0.13 0.28 0.66 Proposed N/A 0.00 0.00 0.00 Existing A3X 0.29 0.65 1.64 Proposed A3P 0.05 0.10 0.21 NE Corner to North E Area to East DESIGN STORM RECURRENCE INTERVAL Main Area to Creek South Area to Creek PC Packet Pg. #44 Appendix A – Soils Information PC Packet Pg. #45 +\GURORJLF6RLO*URXS²'DNRWD&RXQW\0LQQHVRWD 678'<$5($ 1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRIƒ  1ƒ  :ƒ  1ƒ  :ƒ  1ƒ  :ƒ  1ƒ  :10DSSURMHFWLRQ:HE0HUFDWRU&RUQHUFRRUGLQDWHV:*6(GJHWLFV870=RQH1:*6  )HHW0HWHUV0DS6FDOHLISULQWHGRQ$ODQGVFDSH [ VKHHW6RLO0DSPD\QRWEHYDOLGDWWKLVVFDOHPC Packet Pg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²-XQ7KHRUWKRSKRWRRURWKHUEDVHPDSRQZKLFKWKHVRLOOLQHVZHUHFRPSLOHGDQGGLJLWL]HGSUREDEO\GLIIHUVIURPWKHEDFNJURXQGLPDJHU\GLVSOD\HGRQWKHVHPDSV$VDUHVXOWVRPHPLQRUVKLIWLQJRIPDSXQLWERXQGDULHVPD\EHHYLGHQW+\GURORJLF6RLO*URXS²'DNRWD&RXQW\0LQQHVRWD 678'<$5($ 1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRIPC Packet Pg. #47 +\GURORJLF6RLO*URXS 0DSXQLWV\PERO 0DSXQLWQDPH 5DWLQJ $FUHVLQ$2,3HUFHQWRI$2, 6SLOOYLOOHORDPWR SHUFHQWVORSHV RFFDVLRQDOO\IORRGHG %' %.LQJVOH\0DKWRPHGL 6SHQFHUFRPSOH[WR SHUFHQWVORSHV & &.LQJVOH\0DKWRPHGL 6SHQFHUFRPSOH[WR SHUFHQWVORSHV & 7RWDOVIRU$UHDRI,QWHUHVW  +\GURORJLF6RLO*URXS²'DNRWD&RXQW\0LQQHVRWD 678'<$5($ 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\  3DJHRI PC Packet Pg. #48 'HVFULSWLRQ +\GURORJLFVRLOJURXSVDUHEDVHGRQHVWLPDWHVRIUXQRIISRWHQWLDO6RLOVDUH DVVLJQHGWRRQHRIIRXUJURXSVDFFRUGLQJWRWKHUDWHRIZDWHULQILOWUDWLRQZKHQWKH VRLOVDUHQRWSURWHFWHGE\YHJHWDWLRQDUHWKRURXJKO\ZHWDQGUHFHLYH SUHFLSLWDWLRQIURPORQJGXUDWLRQVWRUPV 7KHVRLOVLQWKH8QLWHG6WDWHVDUHDVVLJQHGWRIRXUJURXSV $%&DQG' DQG WKUHHGXDOFODVVHV $'%'DQG&' 7KHJURXSVDUHGHILQHGDVIROORZV *URXS$6RLOVKDYLQJDKLJKLQILOWUDWLRQUDWH ORZUXQRIISRWHQWLDO ZKHQ WKRURXJKO\ZHW7KHVHFRQVLVWPDLQO\RIGHHSZHOOGUDLQHGWRH[FHVVLYHO\ GUDLQHGVDQGVRUJUDYHOO\VDQGV7KHVHVRLOVKDYHDKLJKUDWHRIZDWHU WUDQVPLVVLRQ *URXS%6RLOVKDYLQJDPRGHUDWHLQILOWUDWLRQUDWHZKHQWKRURXJKO\ZHW7KHVH FRQVLVWFKLHIO\RIPRGHUDWHO\GHHSRUGHHSPRGHUDWHO\ZHOOGUDLQHGRUZHOO GUDLQHGVRLOVWKDWKDYHPRGHUDWHO\ILQHWH[WXUHWRPRGHUDWHO\FRDUVHWH[WXUH 7KHVHVRLOVKDYHDPRGHUDWHUDWHRIZDWHUWUDQVPLVVLRQ *URXS&6RLOVKDYLQJDVORZLQILOWUDWLRQUDWHZKHQWKRURXJKO\ZHW7KHVHFRQVLVW FKLHIO\RIVRLOVKDYLQJDOD\HUWKDWLPSHGHVWKHGRZQZDUGPRYHPHQWRIZDWHURU VRLOVRIPRGHUDWHO\ILQHWH[WXUHRUILQHWH[WXUH7KHVHVRLOVKDYHDVORZUDWHRI ZDWHUWUDQVPLVVLRQ *URXS'6RLOVKDYLQJDYHU\VORZLQILOWUDWLRQUDWH KLJKUXQRIISRWHQWLDO ZKHQ WKRURXJKO\ZHW7KHVHFRQVLVWFKLHIO\RIFOD\VWKDWKDYHDKLJKVKULQNVZHOO SRWHQWLDOVRLOVWKDWKDYHDKLJKZDWHUWDEOHVRLOVWKDWKDYHDFOD\SDQRUFOD\ OD\HUDWRUQHDUWKHVXUIDFHDQGVRLOVWKDWDUHVKDOORZRYHUQHDUO\LPSHUYLRXV PDWHULDO7KHVHVRLOVKDYHDYHU\VORZUDWHRIZDWHUWUDQVPLVVLRQ ,IDVRLOLVDVVLJQHGWRDGXDOK\GURORJLFJURXS $'%'RU&' WKHILUVWOHWWHULV IRUGUDLQHGDUHDVDQGWKHVHFRQGLVIRUXQGUDLQHGDUHDV2QO\WKHVRLOVWKDWLQ WKHLUQDWXUDOFRQGLWLRQDUHLQJURXS'DUHDVVLJQHGWRGXDOFODVVHV 5DWLQJ2SWLRQV $JJUHJDWLRQ0HWKRG'RPLQDQW&RQGLWLRQ &RPSRQHQW3HUFHQW&XWRII1RQH6SHFLILHG 7LHEUHDN5XOH+LJKHU +\GURORJLF6RLO*URXS²'DNRWD&RXQW\0LQQHVRWD 678'<$5($ 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\  3DJHRI PC Packet Pg. #49 Appendix B – Drainage Diagrams PC Packet Pg. #50 B1BENCHMARKSEE SURVEY DOCUMENTATIONFeet03060LEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOURROCK RIPRAP, RANDOM CRUSHEDINFILTRATION BASIN SEED/PLANTINGSPROP. FLOW DIRECTIONRETAINING WALLXXXSUBCATCHMENT NODE IDBASIN NODE IDHYDROLOGIC MODELINGREACH NODE IDDRAINAGE AREA BOUNDARYDRAINAGE DIRECTIONA1XA4XA3XA2XKEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:05 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Grading.dwg06-07-2021 Drainage DiagramsPC Packet Pg. #51 G=892.80TF=893.10LL=882.80WOBG=882.30G=900.50TF=900.80LL=892.50WOBG=892.00G=902.50TF=902.80LL=894.50WOBG=894.00G=884.20TF=884.50LL=874.20WOBG=873.7033' - 12" PVC SCH 40 @ 0.91%8708728688668648668688708729009028808788848828868848788768748848 7 8 8 7 6 8748728708 9 2 890886894896898900900898896894892890886884876874898896892894143'-10"PVCSCH40@9.08%8788768 8 2 8808808929008868888908888868888908 8 0882 -7.9%-6 .0 %-3 .4 %-4.3%856858860860858856BENCHMARKSEE SURVEY DOCUMENTATIONB2Feet03060LEGEND:PROPERTY LINESETBACKEASEMENTPROP. CONTOUREX. CONTOURROCK RIPRAP, RANDOM CRUSHEDINFILTRATION BASIN SEED/PLANTINGSPROP. FLOW DIRECTIONRETAINING WALLXXXSUBCATCHMENT NODE IDBASIN NODE IDHYDROLOGIC MODELINGREACH NODE IDDRAINAGE AREA BOUNDARYDRAINAGE DIRECTIONA4PA1PA2PA3PB1PB2PKEBDESIGNED:LIC. NO.:DATE:KENT E. BRANDERDRAWN:CHECKED:KEBDMP44578I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.06-07-2021CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:OWNER:TITLE:SHEET NO:MENDOTA HEIGHTS, MNSWEENEY ROAD 2ND ADDITION6/7/2021 4:06 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0689_Sweeney Road 2nd Addition\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\0689_Grading.dwg06-07-2021 Drainage DiagramsPC Packet Pg. #52 Planning Staff Report MEETING DATE: June 22, 2021 TO: Mendota Heights Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Ordinance No. 566 – Amending Title 5 – Police Regulations and Title 12 – Zoning Regarding Temporary Keeping of Goats for Prescribed Grazing Introduction The Planning Commission is being asked to consider the updated draft ordinance on the temporary keeping of goats on properties for prescribed grazing purposes only. Prescribed grazing refers to the natural elimination of certain invasiveor noxious vegetation by goats, with said grazing allowed by special permit only. This ordinance has been updated and amended from the commissioner comments provided at the May 25, 2021 regular meeting; and also include revisions or suggested language from Planning Commissioner Johnson. Recommendation Review and consider the updated draft ORDINANCE NO. 566 - AN ORDINANCE AMENDING PART OF MENDOTA HEIGHTS CITY CODE TITLE 5 - POLICE REGULATIONS AND TITLE 12 – ZONING REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING PURPOSES. Should the Planning Commission determine this draft ordinance at this time adequately fulfills the intent and purpose to allowing for the temporary keeping of goats on properties, and meets the general goals and policies of the 2030 and 2040 Comprehensive Plans, the commission may choose to make a motion to recommend approval of this draft ordinance and forward on to city council for final considerations. If the Planning Commission feels this ordinance requires further study, analysis or information to make a determination or recommendation, the commission can make a motion to TABLE this matter to a later meeting date. PC Packet Pg. #53 CLEAN COPY - Vers. 06/22/2021 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 566 AN ORDINANCE AMENDING PART OF MENDOTA HEIGHTS CITY CODE TITLE 5 - POLICE REGULATIONS AND TITLE 12 – ZONING REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING PURPOSES The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. City Code Title 5 – POLICE REGULATIONS is hereby amended as follows: Title 5-3-1: Definitions is hereby amended by adding (underlined text) the following definitions: GOAT: means an animal in the subspecies of Capra aegagrus hircus. GRAZING: means goats eating vegetation. INVASIVE SPECIES: means a nonnative species whose introduction and establishment causes, or may cause, economic or environmental harm or harm to human health, threatens or may threaten natural resources or the use of natural resources in the city. NOXIOUS WEED or VEGETATION: means an annual, biennial, or perennial plant that the State of Minnesota designates to be injurious to public health, the environment, public roads, crops, livestock, or other property. PRESCRIBED GRAZING: means the temporary use of goats as a landscape management technique to control the growth of invasive plant and/or noxious weeds and vegetation at a specific location and for a defined length of time. For the purpose of this definition, goats used for prescribed grazing are not considered pets or farm animals. PRESCRIBED GRAZING PERMIT: means a permit issued for a limited duration that allows prescribed grazing within City limits. Section 2. City Code Title 5 – POLICE REGULATIONS is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 5-3-11: TEMPORARY KEEPING OF GOATS FOR PRESCRIBED GRAZING: PC Packet Pg. #54 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 2 of 8 A. Purpose. The purpose of this Section is to establish conditions under which the temporary and periodic use of a limited number of goats for invasive and noxious vegetation control is permitted and to establish the requirements for doing so in order to protect the environment and the health, safety, and welfare of the general population. B. Prescribed Goat Grazing Permit Required. No goat may be kept, maintained, or harbored on any property in the city unless a goat grazing permit has been approved and issued. A permit may be granted only for: 1. A parcel or lot of record that is 0.5 acres or more in size; or 2. A prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size. C. Application for Permit. The applicant must submit the following information for the request to be considered. 1. An applicant shall complete an application form provided by the City and filed with the City Clerk. The applicant shall also pay the application fee for the permit which shall be established by the City fee schedule. Permit fees shall not be prorated or refundable. 2. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to be controlled by the prescribed grazing. a. The full name and address of the following persons: b. The applicant; and 3. The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the permit would apply. 4. The street address of the premises on which prescribed grazing is sought to occur and for which the permit would apply. 5. The number of goats to be kept on the premises under the permit, not to exceed two (2) goats per every one-tenth (0.10) acre of the prescribed grazing area. 6. A list of person(s) owning, providing, managing and monitoring the goats, including their full name, address, and 24-hour contact information accompanied by evidence of liability insurance as required by this Section. 7. The type of fencing to be used for the required enclosure, and date the temporary fence will be installed. 8. Date the goats will arrive on the premises for which the permit would apply, and the latest date the goats will be removed from the premises for which the permit would apply. PC Packet Pg. #55 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 3 of 8 9. A statement certifying whether the property’s homeowners’ association rules, if any, prohibit the keeping of goats on the property for which the permit is sought. 10. The signature of the owner(s) of the premises or a homeowners’ association board officers where the prescribed grazing will occur. 11. Any other and further information as the City deems necessary. D. Granting or Denying Issuance of Permit. The City may grant a permit under this Section provided the application filed demonstrates compliance with the requirements of this section. TheCityshalldenya permithereunderforany ofthefollowingreasons: 1. Theapplicationisincompleteorcontainsfalse,fraudulent,ordeceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this Section. 3. The premises for whichthepermitis sought, including, but not limitedto, the proposed grazing area, is not in compliance with any provisions of this subdivision,otherCity Codeprovisionsorstatelawsrelatingtozoning, health,fire,building,orsafety. 4. Theapplicantorownerofthepremiseswheretheprescribedgrazingisto occurhasbeen previouslyconvictedofaviolationunderthisSectionwithin thepasttwo (2)years. 5. The ownerof thegoats hasviolated anyprovision hereunder,oronmore thantwo prior occasions,theowner'sgoatshavebeenfoundrunningat large. E. Durationofpermit.Thedurationofapermitunderthissectionshallbeasfollows: 1. Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No morethan three (3)prescribedgrazingpermitsmaybe issuedwithinone(1)calendaryearfor the same property. There shall be a minimum of thirty(30) days between the expiration of thefirst permit issued andthesecond permit issued in a twelve (12) month period. Ideally, enough goats will be placed on a parcel to defoliate the subject parcel from 6” and up to 7- ft. above the ground in three to five days. F. Conditions of Permit. The keepingof goats ispermitted pursuant toa permit granted under this Section,subjecttothefollowingconditions: 1. Transferability of permit. A permit issued hereunder shall be nontransferable and shall be solelyforthepropertylistedonthepermit. 2. Liabilityinsurance.The provider or ownerofthegoat(s)tobeutilizedunderthepermitshall have and maintain insurance coverage for claims arising from prescribed grazing in the amount of $1,000,000per occurrence and $2,000,000 general aggregate and shall provide to the City proof of the required insurance coverage prior to issuance of the permit. The City shall have no liability for any damages that may be caused by goats kept on a property PC Packet Pg. #56 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 4 of 8 pursuant to a prescribed grazing permit. The permit holder shall be responsible for any damage caused by goats used for prescribed grazing purposes. 3. Monitoring: Goat provider or owner must have staff available to respond to any emergency complaints or concerns at all times of day or night. Applicant will furnish an emergency contactnumberwhenapplyingfor permit. 4. Right-of-Entry for Inspection. The premises for which a permit is issued shall, at all reasonable times, be open to inspection by the city staff determine compliance with the permit,otherCityCodeprovisionsandstatelaws relatingtozoning,health,fire,building,or safety. 5. Numberofgoatspermitted.Nomorethantwo(2)goatspereveryone-tenth (0.10)acreofthe prescribedgrazingareashallbeonthepremisesatonetimeunderthepermit. The contractor may determine or specify the optimal number of goats required to efficiently and quickly remove invasive species, thereby minimizing environmental impacts, such as soil erosion, compaction, while balancing goats’ health and well-being. 6. Proper enclosures. The prescribed grazing area shall be fully and securely enclosed with proper enclosures, andfullymaintainedforthe duration oftheprescribedgrazingpermit,as required and provided herein. Fencing must be designed to prevent escape bygoatsandto protectthe goats fromtheintrusionof other predatoryanimals. Allsides oftheenclosure(s) shallbeof sufficientheightandthebottomofthe enclosuresshallbe constructedorsecured in a manner as to prevent the goats from escaping over or under the enclosure(s). The prescribedgrazingactivityshallbefullyandproperlyenclosedatalltimes.Itisunlawfuland a violation of the permitfor anygoattobe allowedtorunatlargeduringthe duration ofthis permit. Anenclosureshallmeetthefollowingrequirements: a. Permanent enclosures. Fencesand structures constructedto enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the prescribedgrazingis locatedandshallbepermittedseparatelyfromtheprescribed grazing activity. b. Temporaryenclosures. i. Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing.All temporary fencing or structures shall be removed within seven (7) days of the removalofthegoatsfromthepremisesasrequiredunder thepermit. ii. Temporaryfencesmust not exceed six-feet (6’) in height. iii. Temporary fences may be electric or electrified as specified in the approved prescribed grazing permit. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of three (3) feet fromthe electric fence, is required to serve as a safetybarrier to reduce the possibility of the public coming in contact with the electric fence. If an existing natural barrier or permanentstructureexistastopreventcontactwithorserveasabarriertotheelectric PC Packet Pg. #57 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 5 of 8 fence,thenthesecond outerfencemaynot be requiredfortheapplicablesegment of fencing. iv. The outerfencemaybe allowed uptothe propertyline of the premises on whichthe permitapplies,andshallnotbe locatedwithinanypublic orprivateright-of-way. 7. Signage, Temporary: The permit holder shall install and maintain temporary signs on the premises forthedurationofthepermitas follows: a.Signsrequiredfordurationofpermit. b.Asignshallbelocatedoneachsideoftheenclosedareaand visibletothepublic. c.Thesignsmustcontainemergencycontactinformationofthe owner ofthegoat(s). d.Thesignsshall besetbackaminimumoften (10)feetfrom propertylineiffreestanding, orplacedontheenclosurefence. e.Allsignsshallberemovedwhengoatsareremovedfromthe premises. f.Any electric or electrified fence in association with prescribed grazing must have a warningsignpostedoneveryboundaryoftheenclosureatleasteveryfifty (50)feetalong eachsideofthefence.Thewarningsignshallclearlyidentifytheelectricfence.Nosingle sign shall exceed four (4) square feet in area. Each sign shall be clearly visible on the approachtothefenceandbepostedon or withinone(1)foot oftheelectricorelectrified fence. 8. Shelter: Temporary shelters for the goats may be allowed as per the discretion of the provider. 9. Herd Specifics: Only females, neutered male goats or unneutered male goats less than six monthsoldthataccompanyfemalegoatsareallowed. 10. Odor and Cleanliness: The property must be maintainedin a clean, sanitary condition so as tobefreefrom offensiveodors,flybreeding,dust,and generalnuisanceconditions. 11. Naturalresourcesprotection.Prescribedgrazingshallnotadverselyaffectsignificantnatural resources.Prescribedgrazingactivitiesshallcomplywith thefollowing: a.Prescribed grazing activities shall comply with the best management practices established bythe Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other pertinentagencies. b.Prescribed grazing activities shall not impair water quality as defined by the Federal CleanWaterAct. PC Packet Pg. #58 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 6 of 8 c.Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities. It is recommended that any plant species wishing to be preserved within the grazing area should be enclosed with fencing or chicken wire as a means to keep the goats from eating or damaging those plants/trees. d.All contractor’s goats and equipment shall follow the DNR’s “Come Clean, Leave Clean” policy. Fencing posts, tools, etc, including goat’s body hair and hooves shall have all soil or organic matter removed so as not to inadvertently transfer invasive species seeds or egg casings from the Invasive Jumping Worm to a property in Mendota Heights. e.No goats may be brought onto a property that is known to have the Invasive Jumping Worm (Amynthas species). 12. Conservation easements. If the proposed prescribed grazing area is within a conservation easement, all requirements of the conservation easement must be met. If thetermsofthe conservationeasementsdonotallow prescribedgrazing,thenthepermit will be denied. G. Feeding of goats. No supplemental feeding of grain based feed or foods will be allowed, except for vitamin or mineral supplements. Allgoats onthepremisesshall be provided with and havedailyaccess to freshdrinkingwater H. Care of goats. All goats used under the permit shall receive proper veterinary treatment and regulardeworming. Intheeventthataprescribedgrazinggoatbecomesill,hurt,orperishes,the permit holder and the owner ofthe goat is responsible for immediate on-site care orremoval of thegoatfromtheproperty. Overall care of the goats shall/can include the following: a. Goats that become parasitized or otherwise unhealthy shall be removed by the contractor and removed off site for treatment; if treatment involves chemicals that negatively impact insects or microbes when passed in goat feces or urine. b. To ensure the biosecurity of the grazing site, all goats introduced to the permitted grazing site must come clean and leave clean. This may be accomplished by brushing or using a hoof pick to remove any possible invasive weed seeds or egg casings embedded in goat hooves or hair from other grazing sites. c. To avoid introducing possible hard-coated or undigested weed seeds from other sites, goat providers shall ensure the goats spend at least three (3) days in a clean-out protocol period before being moved or introduced to a new grazing site allowed under a permit. I. Violationand Penalties. Ifa violation ofthetermsof thisSectionortheprescribed goat grazing permitis found,theCityshallgivewrittennoticethereoftothe permitholder. Ifthe violationis notremediedwithinten(10)daysofthedateofthenotice,amisdemeanorcitationmaybeissued and/orthe prescribed goat grazing permit mayberevoked. Notwithstanding the foregoing, the City may immediately revoke the permit and/or a misdemeanor citation may be immediately issued if there is a violation of 5-3-11(G) or if a permit holder’s goat(s)have been found running at large on two (2) or more occurrences within the term of the permit. The City shall notify the permit holder of the opportunity to appeal the revocation to the City Council in writing, and PC Packet Pg. #59 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 7 of 8 the City shall specify the length of time the permit holder has to file an appeal. The permit holder shall file the request for the hearing in front of City Council within ten (10) days of the date of the revocation. 5-3-1112: EXEMPTIONS FROM PROVISIONS: and 5-3-1213: PENALTY: Section 3. City Code Title 12 – ZONING is hereby amended as follows: Title 12-5-1: RESIDENTIAL PROPERTY MAINTENANCE is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 12-5-10: TEMPORARY GOAT GRAZING A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on residential properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11. 12-5-1011: ABATEMENT AND ENFORCEMENT PROCEDURES and Title 12-8-1: COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 12-8-8: TEMPORARY GOAT GRAZING A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on commercial or industrial properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11. 12-8-89: ABATEMENT AND ENFORCEMENT PROCEDURES PC Packet Pg. #60 CLEAN COPY - Vers. 06/22/2021 Ord. 566 – Goat Grazing Permit (vers. 06/22/2021) Page 8 of 8 Section 4. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted and ordained into an Ordinance this _____ day of July, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST Lorri Smith, City Clerk PC Packet Pg. #61 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 566 AN ORDINANCE AMENDING PART OF MENDOTA HEIGHTS CITY CODE TITLE 5 - POLICE REGULATIONS AND TITLE 12 – ZONING REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING PURPOSES The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. City Code Title 5 – POLICE REGULATIONS is hereby amended as follows: Title 5-3-1: Definitions is hereby amended by adding (underlined text) the following definitions: GOAT: means an animal in the subspecies of Capra aegagrus hircus. GRAZING: means goats eating vegetation. INVASIVE PLANTSpecies:means a nonnative species whose introduction and establishment causes, or may cause, economic or environmental harm or harm to human health, threatens or may threaten natural resources or the use of natural resources in the city. NOXIOUS WEED or VEGETATION: means an annual, biennial, or perennial plant that the State of Minnesota designates to be injurious to public health, the environment, public roads, crops, livestock, or other property. PRESCRIBED GRAZING: means the temporary use of goats as a landscape management technique to control the growth of invasive plant and/or noxious weeds and vegetation at a specific location and for a defined length of time. For the purpose of this definition, goats used for prescribed grazing are not considered pets or farm animals. PRESCRIBED GRAZING PERMIT: means a permit issued for a limited duration that allows prescribed grazing within City limits. Section 2. City Code Title 5 – POLICE REGULATIONS is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 5-3-11: TEMPORARY KEEPING OF GOATS FOR PRESCRIBED GRAZING: Formatted:Strikethrough, Highlight Formatted:Highlight Formatted:Highlight TRACKED CHANGES (w/ Comm. Johnson & City Atty. Conklin comments) PC Packet Pg. #62 Ord. 566 – Goat Grazing Permit Page 2 of 9 A. Purpose. The purpose of this Section is to establish conditions under which the temporary and periodic use of a limited number of goats for invasive and noxious vegetation control is permitted and to establish the requirements for doing so in order to protect the environment and the health, safety, and welfare of the general population. B. Prescribed Goat Grazing Permit Required. No goat may be kept, maintained, or harbored on any property in the city unless a goat grazing permit has been approved and issued. A permit may be granted only for: 1. A parcel or lot of record that is 0.5 acres or more in size; or 2. A prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size. C. Application for Permit. The applicant must submit the following information for the request to be considered. 1. An applicant shall complete an application form provided by the City and filed with the City Clerk. The applicant shall also pay the application fee for the permit which shall be established by the City fee schedule. Permit fees shall not be prorated or refundable. 2. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to be controlled by the prescribed grazing. a. The full name and address of the following persons: b. The applicant; and 3. The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the permit would apply. 4. The street address of the premises on which prescribed grazing is sought to occur and for which the permit would apply. 5. The number of goats to be kept on the premises under the permit, not to exceed two one (1) (2) goats per every one-tenth (0.10) acre of the prescribed grazing area. 6. A list of person(s) owning, providing, managing and monitoring the goats, including their full name, address, and 24-hour contact information accompanied by evidence of liability insurance as required by this Section. 7. The type of fencing to be used for the required enclosure, and date the temporary fence will be installed. 8. Date the goats will arrive on the premises for which the permit would apply, and the latest date the goats will be removed from the premises for which the permit would apply. PC Packet Pg. #63 Ord. 566 – Goat Grazing Permit Page 3 of 9 9. A statement certifying whether the property’s homeowners’ association rules, if any, prohibit the keeping of goats on the property for which the permit is sought. 10. The signature of the owner(s) of the premises or a homeowners’ association board officers where the prescribed grazing will occur.. 11. Any other and further information as the City deems necessary. D. Granting or Denying Issuance of Permit. The City may grant a permit under this Section provided the application filed demonstrates compliance with the requirements of this section. TheCityshalldenyapermithereunderforany ofthefollowingreasons: 1. Theapplicationisincompleteorcontainsfalse,fraudulent,ordeceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this Section. 3. Thepremisesfor whichthepermitissought,including,butnotlimitedto, the proposed grazing area, is not in compliance with any provisions of this subdivision,otherCity Codeprovisionsorstatelawsrelatingtozoning,health,fire,building,orsafety. 4. Theapplicantorownerofthepremiseswheretheprescribedgrazingisto occurhasbeen previouslyconvictedofaviolationunderthisSectionwithin thepasttwo (2)years. 5. Theownerofthegoatshasviolatedanyprovision hereunder,oronmore than two prior occasions,theowner'sgoatshavebeenfoundrunningat large. E. Durationofpermit.Thedurationofapermitunderthissectionshallbeasfollows: 1. Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No more than (3)two (2)prescribed grazing permits maybe issued within one (1) calendar year forthe sameproperty. There shall bea minimum ofthirty(30) days between the expiration ofthefirstpermitissuedandthesecondpermitissuedinatwelve(12)monthperiod.Ideally, enough goats will be placed on a parcel to defoliate the subject parcel from 6” and up to 7- ft. above the ground in three to five days. F. Conditions of Permit. The keepingof goats ispermitted pursuant toa permit granted under this Section,subjecttothefollowingconditions: 1. Transferability of permit. A permit issued hereunder shall be nontransferable and shall be solelyforthepropertylistedonthepermit. 2. Liabilityinsurance.The provider or ownerofthegoat(s)tobeutilizedunderthepermitshall have and maintain insurance coverage for claims arising from prescribed grazing in the amount of $1,000,000per occurrence and $2,000,000 general aggregate and shall provide to the City proof of the required insurance coverage prior to issuance of the permit. The City shall have no liability for any damages that may be caused by goats kept on a property Formatted:Highlight Formatted:Highlight PC Packet Pg. #64 Ord. 566 – Goat Grazing Permit Page 4 of 9 pursuant to a prescribed grazing permit. The permit holder shall be responsible for any damage caused by goats used for prescribed grazing purposes. 3. Monitoring: Goat provider or owner must have staff available to respond to any emergency complaints or concerns at all times of day or night. Applicant will furnish an emergency contactnumberwhenapplyingfor permit. 4. Right-of-Entry for Inspection. The premises for which a permit is issued shall, at all reasonable times, be open to inspection by the city staff determine compliance with the permit,otherCityCodeprovisionsandstatelaws relatingtozoning,health,fire,building,or safety. 5. Numberofgoatspermitted.Nomorethantwo(2)goatspereveryone-tenth (0.10)acreofthe prescribedgrazingareashallbeonthepremisesatonetimeunderthepermit.The contractor may determine or specify the optimal number of goats required to efficiently and quickly remove invasive species, thereby minimizing environmental impacts, such as soil erosion, compaction, while balancing goats’ health and well-being. 6. Proper enclosures. The prescribed grazing area shall be fully and securely enclosed with proper enclosures, andfullymaintainedforthe duration oftheprescribedgrazingpermit,as required and provided herein. Fencing must be designed to prevent escape bygoatsandto protectthe goats fromtheintrusionof other predatoryanimals. Allsides oftheenclosure(s) shallbeof sufficientheightandthebottomofthe enclosuresshallbe constructedorsecured in a manner as to prevent the goats from escaping over or under the enclosure(s). The prescribedgrazingactivityshallbefullyandproperlyenclosedatalltimes.Itisunlawfuland a violation of the permitfor anygoattobe allowedtorunatlargeduringthe duration ofthis permit. Anenclosureshallmeetthefollowingrequirements: a. Permanent enclosures. Fencesand structures constructedto enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the prescribedgrazingis locatedandshallbepermittedseparatelyfromtheprescribed grazing activity. b. Temporaryenclosures. i. Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing.All temporary fencing or structures shall be removed within seven (7) days of the removalofthegoatsfromthepremisesasrequiredunder thepermit. ii. Temporaryfencesmust not exceed six-feet (6’) in height. iii. Temporary fences may be electric or electrified as specified in the approved prescribed grazing permit. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of three (3) feet fromthe electric fence, is required to serve as a safetybarrier to reduce the possibility of the public coming in contact with the electric fence. If an existing natural barrier or permanentstructureexistastopreventcontactwithorserveasabarriertotheelectric Commented [SC1]: Tim, this seems a little contradictory. Do we want a mandatory requirement that only 2 goats may be on each tenth of an acre? Or is that a mere suggestion, and we will defer to the contractor? PC Packet Pg. #65 Ord. 566 – Goat Grazing Permit Page 5 of 9 fence,thenthesecond outerfencemaynot be requiredfortheapplicablesegment of fencing. iv. The outerfencemaybe allowed uptothe propertyline of the premises on whichthe permitapplies,andshallnotbe locatedwithinanypublic orprivateright-of-way. 7. Signage, Temporary: The permit holder shall install and maintain temporary signs on the premises forthedurationofthepermitas follows: a.Signsrequiredfordurationofpermit. b.Asignshallbelocatedoneachsideoftheenclosedareaand visibletothepublic. c.Thesignsmustcontainemergencycontactinformationofthe owner ofthegoat(s). d.Thesignsshall besetbackaminimumoften (10)feetfrom propertylineiffreestanding, orplacedontheenclosurefence. e.Allsignsshallberemovedwhengoatsareremovedfromthe premises. f.Any electric or electrified fence in association with prescribed grazing must have a warningsignpostedoneveryboundaryoftheenclosureatleasteveryfifty (50)feetalong eachsideofthefence.Thewarningsignshallclearlyidentifytheelectricfence.Nosingle sign shall exceed four (4) square feet in area. Each sign shall be clearly visible on the approachtothefenceandbepostedon or withinone(1)foot oftheelectricorelectrified fence. 8. Shelter:Notemporarysheltersallowed. /Temporary shelters for the goats may be allowed as per the discretion of the provider. 9. Herd Specifics: Only females, neutered male goats or unneutered male goats less than six monthsoldthataccompanyfemalegoatsareallowed. 10. Odor and Cleanliness: The property must be maintainedin a clean, sanitary condition so as tobe freefrom offensive odors,flybreeding, dust,and generalnuisance conditions.Aplan shall be in place to dispose of goat manure in a safe and adequate manner with removal of wastewithin24hours. 11. Noise: It shall be unlawful for any person to keep or harbor a goat which habitually bleats. Habitual bleating is defined as bleating for repeated intervals of at least five (5) minutes with less than one (1) minute of interruption. The bleating must also be audible off of the owner’s or caretaker’s premises. 12.11.Natural resources protection. Prescribed grazing shall not adversely affect significantnaturalresources.Prescribedgrazingactivitiesshallcomplywith thefollowing: a.Prescribed grazing activities shall comply with the best management practices established bythe Minnesota Department of Agriculture, the Minnesota Department of PC Packet Pg. #66 Ord. 566 – Goat Grazing Permit Page 6 of 9 Natural Resources, Dakota County Soil and Water Conservation District, and all other pertinentagencies. b.Prescribed grazing activities shall not impair water quality as defined by the Federal CleanWaterAct. c.Threatened or endangered plant species shall not be negatively impacted by prescribed grazingactivities.It is recommended that any threatened or endangered plant species wishing to be preserved within the grazing area should be enclosed with fencing or chicken wire as a means to keep the goats from eating or damaging those plants/trees. d.All contractor’s goats and equipment shall follow the DNR’s “Come Clean, Leave Clean” policy. Fencing posts, tools, equipment, and theetc, including goat’s body hair and hooves shall have all soil or organic matter removed so as not to inadvertently transfer invasive species seeds or egg casings from the Invasive Jumping Worm to a property in Mendota Heights. c.e.No goats may be brought onto a property that is known to have the Invasive Jumping Worm (Amynthas species). d.Prescribedgrazingmustcomplywithany wetland or shoreland regulationssetforthinthe CityCode. 13.12.Conservation easements. If the proposed prescribed grazing area is withina conservation easement, all requirements of the conservation easement must be met. If the termsoftheconservationeasementsdonotallow prescribedgrazing,then thepermit willbe denied. G.Feeding andcare of goats.No supplemental feeding of grain based feed or foods will be allowed, except for vitamin or mineral supplements. All supplemental feed for the goats shall be securely stored in water-tightand vermin-proof containers.All goats on the premises shall be provided with and have daily access to fresh drinking water (not from nearby lakes, ponds, etc.).All goats used underthe permit shall receive properveterinarytreatment andregular deworming. Inthe event that a prescribed grazing goat becomes ill, hurt, or perishes, the permit holder and the owner of thegoatisresponsiblefor immediateon-sitecareorremovalofthegoatfromtheproperty. H. Care of goats. All goats used under the permit shall receive proper veterinary treatment and regulardeworming. Intheeventthataprescribedgrazinggoatbecomesill,hurt,orperishes,the permit holder and the owner ofthe goat is responsible for immediate on-site care orremoval of thegoatfromtheproperty.Overall care of the goats shall/can include the following: a. Goats that become parasitized or otherwise unhealthy shall be removed by the contractor and removed off site for treatment; if treatment involves chemicals that negatively impact insects or microbes when passed in goat feces or urine. b. To ensure the biosecurity of the grazing site, all goats introduced to the permitted grazing site must come clean and leave clean. This may be accomplished enter through a hoof bath Formatted:Highlight Formatted:Highlight Formatted:Highlight Formatted:Highlight Formatted:Highlight Commented [SC2]: Is this based upon input from someone who knows how to care for goats? Formatted:Highlight Commented [SC3]: We need to pick a word – it either needs to be a mandatory requirement (shall) or a suggested requirement (may). Formatted:Highlight Formatted:Highlight PC Packet Pg. #67 Ord. 566 – Goat Grazing Permit Page 7 of 9 by brushing or using a hoof pick to remove any possible invasive weed seeds or egg casings embedded in goat hooves or hair from other grazing sites. c. To avoid introducing possible hard-coated or undigested weed seeds from other sites, goat providers shall ensure the goats spend at least three (3) days in a clean-out protocol period before being moved or introduced to a new grazing site allowed under a permit. 14.13.Violation and Penalties. If a violation of the terms of this Section or the prescribed goat grazing permit is found, the City shall give written notice thereof to the permit holder. If the violation is not remedied within ten (10) days of the date of the notice, a misdemeanor citation may be issued and/or the prescribed goat grazing permit may be revoked. Notwithstanding the foregoing, the City Clerk may immediately revoke the permit and/or a misdemeanor citation may be immediately issued if there is a violation of 5-3-11(G)or 5-3-11(H)or if a permit holder’sgoat(s)havebeenfoundrunningatlargeontwo(2)ormoreoccurrenceswithintheterm of the permit. The City shall notify the permit holder of the opportunity to appeal the revocation to the City Council in writing, and the City shall specify the length of time the permit holder has to file an appeal. The permit holder shall file the request for the hearing in front of City Council within ten (10) days of the date of the revocation or shall be deemed to have waived the right to appeal. 5-3-1112: EXEMPTIONS FROM PROVISIONS: and 5-3-1213: PENALTY: Section 3. City Code Title 12 – ZONING is hereby amended as follows: Title 12-5-1: RESIDENTIAL PROPERTY MAINTENANCE is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 12-5-10: TEMPORARY GOAT GRAZING A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on residential properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11. 12-5-1011: ABATEMENT AND ENFORCEMENT PROCEDURES and Formatted:Highlight Formatted:Highlight Formatted:Highlight Formatted:Highlight PC Packet Pg. #68 Ord. 566 – Goat Grazing Permit Page 8 of 9 Title 12-8-1: COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE is hereby amended by adding the underlined language and deleting the double-line struck-through language, and renumbering subsequent sections as follows: 12-8-8: TEMPORARY GOAT GRAZING A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on commercial or industrial properties is permittedsubject to the review and approval of a Prescribed Goat Grazing Permit, as per City Code Title 5-3-11. 12-8-89: ABATEMENT AND ENFORCEMENT PROCEDURES PC Packet Pg. #69 Ord. 566 – Goat Grazing Permit Page 9 of 9 Section 4. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted and ordained into an Ordinance this _____ day of JuneJuly, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST Lorri Smith, City Clerk PC Packet Pg. #70 Planning Commission Memo MEETING DATE:June 22, 2021 TO:Mendota Heights Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Updated - Review of Draft Ordinance No. 568 – New Mississippi River Corridor Critical Area (MRCCA) Ordinance Introduction The Planning Commission is being asked to once again review the proposed Ordinance No. 568, the new Mississippi River Corridor Critical Area (MRCCA) Ordinance for the community. This draft ordinance includes a number of added comments and suggested revisions offered by the commission at the June 10, 2021 Planning Commission Workshop meeting. The draft documents contains some highlighted areas that staff wishes to discuss directly and formally finalize these sections. This ordinance is also being reviewed by the city attorneys; and should we have any review comments by the next meeting, staff will be sure to share those with the commission. This item is being presented as a public hearing item. PC Packet Pg. #71 D * R * A * F * T 06 / 22 / 2021 Page 1 MRCCA Amendment Ord. No. 568 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 568 AN ORDINANCE AMENDING TITLE 12 ZONING CHAPTER 3 CRITICAL AREA OVERLAY DISTRICT Chapter 3 MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT SECTION: 12-3-1:AUTHORITY, POLICY AND INTENT 12-3-2:GENERAL PROVISIONS AND DEFINITIONS 12-3-3:ADMINISTRATION 12-3-4:MRCCA DISTRICTS 12-3-5:SPECIAL LAND USE PROVISIONS 12-3-6:STRUCTURE HEIGHT, PLACEMENT AND LOT SIZE 12-3-7:PERFORMANCE STANDARDS FOR PRIVATE FACILITIES 12-3-8:PERFORMANCE STANDARDS FOR PUBLIC FACILITIES 12-3-9:VEGETATION MANAGEMENT 12-3-10:LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT 12-3-11:SUBDIVISION AND LAND DEVELOPMENT STANDARDS 12-3-12:SITE PLAN REQUIREMENTS 12-3-13:OFFICIAL REVIEW PROCESS 12-3-14:NOTIFICATION TO RESOURCE AGENCIES 12-3-15:EXEMPTIONS PC Packet Pg. #72 D * R * A * F * T 06 / 22 / 2021 Page 2 MRCCA Amendment Ord. No. 568 12-3-1: AUTHORITY, POLICY AND INTENT A. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) overlay district chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010-6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes 462 and 473. B. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. C. Intent. The Mississippi River Corridor Critical Area regulations are intended to: 1. Establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River's resources and features consistent with the natural and built character of each district. 2. Identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. 3. Establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. 4. Establish design standards for private facilities that are consistent with best management practices and that minimize impacts to Primary Conservation Areas (PCAs), Public River Corridor Views (PRCVs) and other resources identified in the MRCCA plan. 5. Establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan while recognizing that they serve the public interest by providing access to the Mississippi River corridor or require locations within the river corridor and therefor require some flexibility. 6. Establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and critical area steep slopes and ensure stability of other erosion-prone areas. 7. Establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stabilityof bluffs, shorelines, and other areas prone to erosion. 8. Tocreatestandardsforsubdivisionsanddevelopmentorredevelopment ofsitesthatprotect and enhance the natural and scenic value of the MRCCA, protect and restore biological PC Packet Pg. #73 D * R * A * F * T 06 / 22 / 2021 Page 3 MRCCA Amendment Ord. No. 568 and ecological functions of primary conservation areas, and encourage restoration of natural vegetation where restoration opportunities have been identified in the MRCCA Plan. 12-3-2: GENERAL PROVISIONS AND DEFINITIONS: A. Jurisdiction. The provisions of this chapter apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the city’s official zoning or MRCCA maps on file with the city. B. Enforcement. The city zoning administrator and public works director are jointly responsible for the administration and enforcement of this chapter. Any violation of its provisions or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, constitutes a misdemeanor and is punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity listed in Section 12-3- 3. C. Severability. If any section, clause, provision, or portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. D. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other chapters or sections inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. E. Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this chapter are more restrictive. F. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the same meaning they have in common usage and to give this chapter its most reasonable application. For the purpose of this chapter,the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. ACCESS PATH means an area designated to provide ingress and egress to public waters. ADJACENT means having a boundary that physically touches or adjoins. AGRICULTURAL USE means a use having the meaning given under Minnesota Statutes, section 40A.02. 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. PC Packet Pg. #74 D * R * A * F * T 06 / 22 / 2021 Page 4 MRCCA Amendment Ord. No. 568 BARGE FLEETING means temporarily parking and securing barges on the river, on or off channel, while tows are assembled or broken up. BIOLOGICAL AND ECOLOGICAL FUNCTIONS mean the functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. BLUFF means a natural topographic feature having: (a) A slope that rises at least twenty-five (25) feet and the grade of the slope averages eighteen (18) percent or greater, measured over a horizontal distance of twenty-five (25) feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high-water level, the ordinary high-water level is the toe of the slope. [See Figure 1 – below]; or Figure 1. Bluff and Bluff Impact Zone Diagram BLUFF IMPACT ZONE (BIZ) means a bluff and the land located within 20 feet of the bluff. See Figures 1 and 2. BLUFFLINE means a line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. See Figures 1 and 2. BLUFF, TOE OF means a line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds eighteen (18) percent and the slope below the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 1 and 2. BLUFF, TOP OF means a line along the top of a bluff, requiring field verification, such that the slope below the line exceeds eighteen (18) percent and the slope above the line is eighteen (18) percent or less, measured over a horizontal distance of twenty-five (25) feet. See Figures 1 and 2. BUILDABLE AREA means the area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff PC Packet Pg. #75 D * R * A * F * T 06 / 22 / 2021 Page 5 MRCCA Amendment Ord. No. 568 impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. BUILDING means a structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site. CERTIFICATE OF COMPLIANCE means a document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection. CITY means the City of Mendota Heights, Minnesota. COMMISSIONER means the commissioner of the Minnesota Department of Natural Resources. CONDITIONAL USE means a use having the meaning given under Minnesota Statutes, chapters 394 and 462. CONSERVATION DESIGN means a pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space. 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. DECK means a horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. DEVELOPER has the meaning given under Minnesota Statutes, section 116G.03. DEVELOPMENT has the meaning given under Minnesota Statutes, section 116G.03. DISCRETIONARY ACTION means an action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, interim use permits, variances, appeals, and rezoning. DOCK has the meaning given under Minnesota Rules, chapter 6115. 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, section 216E. ESSENTIAL SERVICES mean underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar PC Packet Pg. #76 D * R * A * F * T 06 / 22 / 2021 Page 6 MRCCA Amendment Ord. No. 568 equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, chapter 115.01, electric power facilities or transmission services. FEEDLOT has the meaning given for animal feedlots under Minnesota Rules chapter 7020. FLOODPLAIN has the meaning given the meaning given under Minnesota Rules chapter 6120. FULLY RECONSTRUCTS means the reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed. HARD-SURFACE TRAIL means a trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans. HISTORIC PROPERTYmeans an archaeological site, standing structure, site, district, or other property that is: (a) Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated as a historic site under Minnesota Statutes, chapter 471; (b) determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society;or (c) An unplatted cemetery that falls under the provisions of Minnesota Statutes, chapter 307, in consultation with the Office of the State Archaeologist. IMPERVIOUS SURFACE means a constructed hard surface that either prevents or retards the entry of 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. INTENSIVE VEGETATION CLEARING means the removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. INTERIM USE has the meaning given under Minnesota Statutes, section 394 and 462. KEYSTONE SPECIES means a species on which other species in an ecosystem largely depend, such that if it were removed the ecosystem would change drastically. 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. LOCAL GOVERNMENT means counties, cities, and townships. PC Packet Pg. #77 D * R * A * F * T 06 / 22 / 2021 Page 7 MRCCA Amendment Ord. No. 568 LOT has the meaning given under Minnesota Rules chapter 6120. LOT WIDTHmeans 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.[See Figure 3–below]. Figure 3. Lot Width Diagram MARINA has the meaning given under Minnesota Rules chapter 6115. MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) means the area within the River Corridor Boundary (refer to separate definition noted herein). MISSISSIPPI RIVER CORRIDOR CRITICAL AREA PLAN means a chapter in the City of Mendota Heights comprehensive plan. MOORING FACILITY has the meaning given under Minnesota Rules chapter 6115.0170. NATIVE PLANT COMMUNITY means a plant community that has been identified as part of the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. NATIVE VEGETATION means vegetation comprised of plant species, other than noxious weeds or invasive vegetation, that are indigenous to a region, and which reasonably could occur or flourish naturally on a site. NATURAL-SURFACE TRAIL means a trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. NATURAL VEGETATION means any combination of ground cover (excluding any vegetation considered invasive), 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. PC Packet Pg. #78 D * R * A * F * T 06 / 22 / 2021 Page 8 MRCCA Amendment Ord. No. 568 NONCONFORMITY has the meaning given under Minnesota Statutes, Section 394.22. NONMETALLIC MINING means the construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, “facility” includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. OFF-PREMISES ADVERTISING SIGNS means 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. ORDINARY HIGH-WATER LEVEL (OHWL) has the meaning given under Minnesota Statutes, section 103G.005. OVERLAY DISTRICT means a zoning district that is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain. PARCEL has the meaning given under Minnesota Statutes, section 116G.03. PATIO means a constructed hard surface located at ground level with no railings and open to the sky. PICNIC SHELTER means a roofed structure open on all sides, accessory to a recreational use. PLANNED UNIT DEVELOPMENT (PUD) 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/or 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. PLAT has the meaning given under Minnesota Statutes, sections 505 and 515B. PORT means a water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, chapter 458. PRIMARY CONSERVATION AREAS (PCA) means resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, underground springs, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. PRIVATE FACILITIES mean private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs. PC Packet Pg. #79 D * R * A * F * T 06 / 22 / 2021 Page 9 MRCCA Amendment Ord. No. 568 PROFESSIONAL ENGINEER means an engineer licensed to practice in Minnesota. PUBLIC FACILITIES mean public utilities, public transportation facilities, and public recreational facilities. PUBLIC RECREATION FACILITIES mean recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation. PUBLIC RIVER CORRIDOR VIEWS (PRCVs) means views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA chapter of the comprehensive plan. PUBLIC TRANSPORTATION FACILITIES mean all transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. PUBLIC UTILITIES mean electric power facilities, essential services, and transmission services. PUBLIC WATERS has the meaning given under Minnesota Statutes,section 103G.005. PUBLIC WORKS DIRECTOR is a person designated by the City Administrator and approved by the City Council as being jointly responsible for the administration of this chapter. READILY VISIBLE means land and development that are easily seen from the ordinary high- water level of the opposite shore during summer months. RESOURCE AGENCY means a federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. RETAINING WALL means a vertical or nearly vertical structure 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. ROCK RIPRAP means natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion. RIVER CORRIDOR BOUNDARY means the boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the Sate Register, volume 43, pages 508 to 518. PC Packet Pg. #80 D * R * A * F * T 06 / 22 / 2021 Page 10 MRCCA Amendment Ord. No. 568 RIVER-DEPENDENT USE means the use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities. SELECTIVE VEGETATION REMOVAL means the removal of isolated individual trees or shrubs,except for keystone species or endangered species on a site, that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. SETBACK means a separation distance measured horizontally. SHORE IMPACT ZONE (SIZ) 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, for agricultural use, 50 feet landward of the ordinary high water level. [See Figure 4 – below]. Figure 4: Shore Impact Zone Diagram SHORELINE FACILITIES means facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships. SPECIAL PURPOSE UNITS OF GOVERNMENT means the University of Minnesota, the St. Paul Port Authority, watershed management organizations established under Minnesota Statutes, chapter 103B, watershed districts established under Minnesota Statutes, chapter 103D, and any other unit of government other than local government or a state or regional agency. PC Packet Pg. #81 D * R * A * F * T 06 / 22 / 2021 Page 11 MRCCA Amendment Ord. No. 568 SPRINGS, UNDERGROUND means a place where water moving underground finds an opening to the land surface and emerges, sometimes as just a trickle, and in some cases only after a storm event, and in some cases seen in a continuous flow of water. STATE OR REGIONAL AGENCY means the Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota, Department of Natural Resources, Department of Transportation, Metropolitan Council and other state agencies. STEEP SLOPE means a natural topographic feature with an average slope of twelve percent (12%) to eighteen percent (18%), measured over a horizontal distance equal to or greater than fifty (50) feet, and any slopes greater than eighteen percent (18%) that are not bluffs. STORM WATER MANAGEMENT FACILITIES means facilities for the collection, conveyance, treatment, or disposal of storm water. STRUCTURE means a building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances.[DNR Model Ord.] STRUCTURE means anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, decks, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. [Minn. Statute Section 116G.03, subd. 11.] SUBDIVISION has the meaning given under Minnesota Statutes, section 462.352. SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS) has the meaning given under Minnesota Rules, part 7080.1100. TRANSMISSION SERVICES means: A. Electric power lines, cables, pipelines, or conduits that are: (1) used to transport power between two points, as identified and defined under Minnesota Statutes, section 216E.01, subdivision 4;or (2) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two points; and B. Telecommunication lines, cables, pipelines, or conduits. TREELINE means the more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage. PC Packet Pg. #82 D * R * A * F * T 06 / 22 / 2021 Page 12 MRCCA Amendment Ord. No. 568 TWIN CITIES METROPOLITAN AREA means the area over which the Metropolitan Council has jurisdiction according to Minnesota Statutes, section 473.121 subdivision 2. VARIANCE has the meaning given under Minnesota Statutes, section 394.22. 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. WATER-ORIENTED ACCESSORY STRUCTURE means a small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios. WATER QUALITY IMPACT ZONE means land within the shore impact zone or within 50 feet of the OHWL of the river, whichever is greater, and land within 50 feet of a public water, wetland, or natural drainage route. WETLAND has the meaning given under Minnesota Statutes, section 103G.005. WHARF has the meaning given under Minnesota Rules, part 6115.0170. ZONING ADMINISTRATOR is a person designated by the City Administrator and approved by the City Council as being jointly responsible for the administration of this chapter. 12-3-3: ADMINISTRATION: A. Purpose.The purpose of this Section is to identify administrative provisions to ensure this chapter is administered consistent with its purpose. B. Permits.A critical area permit is required for the construction of any new structure, building(s) or building additions, including construction of decks, retaining walls, signs, the installation and/or alteration of sewage treatment systems, vegetation removal consistent with Section 12- 3-9 and land alterations consistent with Section 12-3-10. C. Variances.Variances to the requirements under this chapter may only be granted in accordance with Minnesota Statutes Section 462.357 and must consider the potential impacts of variances on primary conservation areas (PCAs), public river corridor views (PRCVs), and other resources identified in the MRCCA plan. In reviewing the variance application, and before granting a variance, the city shall: 1. Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, and consistent with Section 12-3-3.E (below); and 2. Make written findings that the variance is consistent with the purposes and scope of this chapter as follows. PC Packet Pg. #83 D * R * A * F * T 06 / 22 / 2021 Page 13 MRCCA Amendment Ord. No. 568 a. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan; b. The variance is consistent with the character and management purpose of the MRCCA district in which it is located; c. The variance will not be detrimental to PCAs and PRVCs nor will it contribute to negative incremental impacts to PCAs and PRVCs when considered in the context of past, present and reasonable future actions; and d. The variance will not negatively impact other MRCCA resources identified in the city’s MRCCA Plan such as wetlands, river overlooks, parks and open space. D. Conditional and interim use permits.All conditional and interim uses required under this chapter must comply with Minnesota Statutes, section 462.3595 and 462.3597 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the city’s MRCCA plan. In reviewing the application, and before granting a conditional or interim use permit, the city shall: 1.Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section 12-3-3.E (below); and 2.Make written findings that the conditional or interim use is consistent with the purpose of this chapter as follows. 1.The extent, location and intensity of the conditional or interim use will be in substantial compliance with the MRCCA plan; 2.The conditional or interim use is consistent with the character and management purpose of the MRCCA district in which it is located; 3.The conditional or interim use will not be detrimental to PCAs and PRVCs nor will it contribute to negative incremental impacts to PCAs and PRVCs when considered in the context of past, present, and reasonable future actions; and 4.The conditional or interim use will not negatively impact other resources identified in the city’s MRCCA plan, such as wetlands, river overlooks, and parks and open space. E. Mitigation.The city shall evaluate the impacts to PCAs, PRCVs and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include, but is not limited to: 1. Restoration of vegetation identified as “vegetation restoration priorities” in the city’s MRCCA plan. 2. Preservation of existing vegetation; PC Packet Pg. #84 D * R * A * F * T 06 / 22 / 2021 Page 14 MRCCA Amendment Ord. No. 568 3. Increasing, enhancing, and or connecting habitat for pollinators, birds, and other wildlife; 4. Stormwater runoff management; 5. Reducing impervious surfaces; 6. Increasing structure setbacks; 7. Wetland and drainage route restoration and/or preservation 8. Limiting the height of structures; 9. Modifying structure design to limit visual impacts on the PRCVs; and 10. Other conservation measures. F. Nonconformities. 1.All legally established nonconformities as of the date of this ordinance may continue and will be regulated consistent with Minnesota Statutes 462.357 Subd. 1e. 2.New structures erected in conformance with the setback averaging provisions of Section 12-3-6.C.4 are conforming structures. 3.Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements. 4.Legally nonconforming principal structures that do not meet the setback requirements of Section 12-3-6.C may be expanded laterally provided that: a. The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure [See Figure 5 – below]; and b. The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development. Figure 5. Expansion of Nonconforming Structures PC Packet Pg. #85 D * R * A * F * T 06 / 22 / 2021 Page 15 MRCCA Amendment Ord. No. 568 G. Accommodating disabilities.Reasonable accommodation for ramps and other facilities to provide persons with disabilities access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must: 1. Comply with Sections 12-3-6 to 12-3-15; or 2. If Sections 12-3-6 to 12-3-15 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and b. Upon expiration of the permit, the ramp or other facilities must be removed. 12-3-4: MRCCA DISTRICTS: A. Purpose. The purpose of this Section is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district. B. MRCCA District Map. The locations and boundaries of the MRCCA districts established by this chapter are shown on the MRCCA Overlay District Map which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross property that has not be subdivided, the district boundary line is determined by the use of dimensions or the scale appearing on the map. 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. C. District Description and Management Purpose. The MRCCA within the city is divided into the following three (3) separate MRCCA Districts: PC Packet Pg. #86 D * R * A * F * T 06 / 22 / 2021 Page 16 MRCCA Amendment Ord. No. 568 1. Rural and Open Space (ROS). a. Description.The ROS District is characterized by rural and low-density 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 and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district. b. Management purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. 2.River Neighborhood (RN). a. Description.The RN district is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses. b. Management purpose.The RN district must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district. 3. Separated from River (SR). a. Description.The SR district is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. b. Management purpose.The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and the flow of untreated storm water into the river are priorities in the district. In addition, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are also priorities in the district. 12-3-5 SPECIAL LAND USE PROVISIONS A. Purpose. The purpose of this section is to identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. B. Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses: PC Packet Pg. #87 D * R * A * F * T 06 / 22 / 2021 Page 17 MRCCA Amendment Ord. No. 568 1. Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone. 2. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter 7020. 3. Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices inMinnesota. 4. Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following: a. New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL; b. Processing machinery must be located consistent with setback standards for structures as provided in Section 12-3-6.C; c. Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation; d. New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loadingarea; e. A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management planmust: i. Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters; ii. Explain where staged reclamation may occur at certain points during the life of the site; iii. Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and iv. Describe 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 nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this ordinance. PC Packet Pg. #88 D * R * A * F * T 06 / 22 / 2021 Page 18 MRCCA Amendment Ord. No. 568 5. River-dependent uses. River-dependent uses must comply with the following design standards: a. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in Section 12-3-15, must meet the dimensional and performance standards in this Chapter must be designed so that they are not readily visible, and must be screened by establishing and maintaining naturalvegetation; b. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must: i. Be designed in a compact fashion so as to minimize the shoreline area affected; and ii. Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and c. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements. 6. Wireless communication towers. Wireless communication towers require a conditional or interim use permit and are subject to the following design standards: a. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA; b. The tower must not be located in a bluff or shore impact zone; and c. Placement of the tower must minimize impacts on public river corridor views. d. Comply with the general design standards in Section 12-3-8.B. 12-3-6 STRUCTURE HEIGHT, PLACEMENT AND LOT SIZE A.Purpose. The purpose of this section is to establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. B.Structure height. Structures and facilities must comply with the following standards unless identified as exempt in Section 12-3-15. 1. ROS District: the lesser of the height standard as determined by the underlying zoning district or thirty-five (35) feet. 2. RN District: the lesser of the height standard as determined by the underlying zoning district or thirty-five (35) feet. PC Packet Pg. #89 D * R * A * F * T 06 / 22 / 2021 Page 19 MRCCA Amendment Ord. No. 568 3. SR district: Height is determined by the underlying zoning district, provided the allowed height is consistent with that of the mature tree line, where pr eset, and existing surrounding development, as viewed from the OHWL of the opposite shore. 4. Height shall be measured on the side of the structure facing the Mississippi River. 5. In addition to the conditional use permit requirements of Section 12-3-3.D, criteria for considering whether to grant a conditional use permit for structures exceeding the height limits must include: a. Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities; b. Determination that the proposed structure meets the required bluff and OHWL setbacks; c. Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as: i. Placing the long axis of the building perpendicular to the river; ii. Stepping back of portions of the facade; iii. Lowering the roof pitch or use of a flat roof; iv. Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials; v. Narrowing the profile of upper floors of the building; or vi. Increasing the setbacks of the building from the Mississippi River or blufflines; d. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and e. Opportunities for creation or enhancement of public river corridor views. C.Location of Structure and Impervious Surfaces. 1. Structures and impervious surfaces must not be placed in the shore or bluff impact zones unless identified as an exemption in Section 12-3-15. 2. Structures and facilities, including impervious surfaces, must comply with the following OHWL setback provisions unless identified as exempt in Section 12-3-15. a. ROS District: 200 feet from the Mississippi River and 150 feet from the Minnesota River. PC Packet Pg. #90 D * R * A * F * T 06 / 22 / 2021 Page 20 MRCCA Amendment Ord. No. 568 b. RN District: 100 feet from the Mississippi River. c. SR District: (not applicable in the City of Mendota Heights) 3. Structures and facilities including impervious surfaces, must comply with the following bluffline setback provisions unless identified as exempt in Section 12-3-15: a. ROS District: 100 feet. b. RN District: 40 feet. c. SR District: 40 feet. 4. Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks required under Sections 12-3-6.C.2 and 12-3-6.C.3 are consistent with adjoining development. [See Figure 6 – below]. Figure 6. Structure Setback Averaging 5. Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters. D.Lot Size and Buildable Area. 1. Lots abutting the Mississippi River in the ROS District must be at least two hundred feet (200’) in width, unless alternative design methods are used that provide greater protection of the riparian area. 2. All new lots must have adequate buildable area to comply with the setback requirements of Sections 12-3-6.C.2 and 12-3-6.C.3 so as to not require variances to use the lots for their intended purpose. PC Packet Pg. #91 D * R * A * F * T 06 / 22 / 2021 Page 21 MRCCA Amendment Ord. No. 568 12-3-7 PERFORMANCE STANDARDS FOR PRIVATE FACILITIES A. Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. B. General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration and storm water management requirements in Sections 12-3-9 and 12-3-10. C. Private roads, driveways, and parking areas. Except as provided in Section 12-3-15, private roads, driveways and parking areas must: 1. Be designed to take advantage of natural vegetation and topography so that they are not readily visible; 2. Comply with structure setback requirements according to Section 12-3-6.C; and 3. Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section 12-3-15 and designed consistent with Section 12-3-8.B. D. Private water access and viewing facilities. 1. Private access paths must be no more than: a. Eight feet wide, if placed within the shore impact zone; and b. Four feet wide, if placed within the bluff impact zone. 2. Private water access ramps must: a. Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and b. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities. 3. Design and construction of private stairways, lifts, and landings are subject to the following standards: a. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by a conditional use permit; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet area allowed for commercial properties and residential facilities held in common, if approved by a conditional use permit; c. Canopies or roofs are prohibited on stairways, lifts, or landings; PC Packet Pg. #92 D * R * A * F * T 06 / 22 / 2021 Page 22 MRCCA Amendment Ord. No. 568 d. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and e. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to Section 12-3-7.D.3. a. – d (as noted above), and as provided under Section 12-3-3.G. 4. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with one additional water- oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must: a. Not exceed 12 feet in height; b. Not exceed 120 square feet in area; and c. Be placed a minimum of 10 feet from the ordinary high water level. E. Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with Sections 12-3-9 and 12-3-10, provided that: 1. The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback; 2. The area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area between the required setback and the 15 percent using the formula: [Required setback depth (feet) x 0.15 x lot width (feet) = maximum total area] 3. The deck or patio does not extend into the bluff impact zone. [See Figure 7 – below]. Figure 7. Deck and Patio Encroachment PC Packet Pg. #93 D * R * A * F * T 06 / 22 / 2021 Page 23 MRCCA Amendment Ord. No. 568 F. Fences. Fences between principal structures and the river are allowed if fences are: 1. not higher than six (6) feet; 2. not located within the SIZ and BIZ; and 3. not located in the regulatory floodplain. 12-3-8 PERFORMANCE STANDARDS FOR PUBLIC FACILITIES A. Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility. B. General design standards. All public facilities must be designed and constructed to: 1. Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; 2. Comply with the structure placement and height standards in Section 12-3-6, except as provided in Section 12-3-15; 3. Be consistent with the vegetation management standards in Section 12-3-9 and the land alteration and storm water management standards in Section 12-3-10, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where applicable; 4. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and 5. Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. 6. Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting. C. Right-of-way maintenance standards.Right-of-way maintenance must comply with the following standards: 1. Vegetation currently in a natural state must be maintained to the extent feasible; 2. Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and PC Packet Pg. #94 D * R * A * F * T 06 / 22 / 2021 Page 24 MRCCA Amendment Ord. No. 568 3. Chemical control of vegetation must be avoided when practical, but when chemical control is necessary the chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use. D. Crossings of public waters or public land. Crossings of public waters or land controlled by the Commissioner are subject to approval by the Commissioner according to Minnesota Statutes, Sections 84.415 and 103G.245. E. Public utilities. Public utilities must comply with the following standards: 1. High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and pipelines are regulated according to Minnesota Statutes, Chapter 216E, 216F, and 216G, respectively; and 2. If overhead placement is necessary, utility facility crossings must minimize the visibility of the facility from the river and follow other existing right of ways as much as practicable. 3. 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. 4. Wireless communication facilities must comply with Section 12-3-5.B.6. F. Public transportation facilities.Public transportation facilities shall comply with the structure placement and height standards in Section 12-3-6. Where such facilities intersect or abut two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to: 1. Providing scenic overlooks for motorists, bicyclists, and pedestrians; 2. Providing safe pedestrian crossings and facilities along the river corridor; 3. Providing access to the riverfront in public ownership; and 4. Allowing for use of the land between the river and the transportation facility. G. Public recreational facilities. Public recreational facilities must comply with the following standards: 1. Buildings and parking associated with public recreational facilities must comply with the structure placement and height standards in Section 12-3-6, except as provided in Section 12-3-15; 2. Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources. PC Packet Pg. #95 D * R * A * F * T 06 / 22 / 2021 Page 25 MRCCA Amendment Ord. No. 568 3. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines. (a) Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty (30) percent. Natural surface trails are allowed, provided they do not exceed eight (8) feet in width. (b) Trails, paths, and viewing areas must be designed and constructed to minimize: i. Visibility from the river; ii. Visual impacts on public river corridor views; and iii. Disturbance to and fragmentation of primary conservation areas. 4. Public water access facilities must comply with the following requirements: (a) Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and 6280.250; and (b) Facilities must be designed and constructed consistent with the standards in the Design Handbook for Recreational Boating and Fishing Facilities. 5. Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward. 6. Public stairways, lifts, and landings must be designed as provided in Section 12-3-7.D.3.. 12-3-9 VEGETATION MANAGEMENT A. Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain the stability of bluffs and steep slopes and ensure stability of other erosion-prone areas B. Applicability. This section applies to: 1.Shore impact zones; 2.Areas within 50 feet of a wetland or natural drainage route; 3.Bluff impact zones; 4.Areas of native plant communities; and PC Packet Pg. #96 D * R * A * F * T 06 / 22 / 2021 Page 26 MRCCA Amendment Ord. No. 568 5.Significant existing vegetation stands identified in the MRCCA plan. C. Activities allowed without a vegetation permit. 1. Maintenance of existing lawns, landscaping and gardens; 2. Removal of vegetation in emergency situations as determined by the city; 3. Right-of-way maintenance for public facilities meeting the standards in Section 12-3-8.C; 4. Agricultural and forestry activities meeting the standards of Section 12-3-5.B.1 and 12-3- 5.B.3; 5. Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including the removal of: (a) Vegetation that is dead, diseased, dying, or hazardous; (b) Vegetation to prevent the spread of diseases or insect pests; (c) An individual tree or shrub; and (d) Invasive non-native species. D. Activities allowed with a vegetation permit. 1. Only the following intensive vegetation clearing activities are allowed with a vegetation permit: (a) Clearing of vegetation that is dead, diseased, dying, or hazardous; (b) Clearing to prevent the spread of diseases or insect pests; (c) Clearing to remove invasive, non-native species; (d) Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the city; and (e) The minimum necessary for development that is allowed with a building permit or as an exemption under Section 12-3-15. 2. General Performance Standards. The following standards must be met, in addition to a restoration plan under Section 12-3-9.F, in order for the City to approve a vegetation permit: (a) Development is sited to minimize removal of or disturbance to natural vegetation; (b) Soil slope stability, and hydrologic conditions are suitable for the proposed work as determined by the City Engineer; PC Packet Pg. #97 D * R * A * F * T 06 / 22 / 2021 Page 27 MRCCA Amendment Ord. No. 568 (c) Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views; (d) Vegetation removal activities are conducted to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and (e) Any other condition determined necessary to achieve the purpose of this section. E. Prohibited activities.All other intensive vegetation clearing is prohibited. F. Vegetation restoration plan. 1. Development of a vegetation restoration plan and reestablishment of native vegetation is required. (a) For any vegetation removed with a permit issued under Section 12-3-9.D (above); (b) Upon failure to comply with any provisions in this section; or (c) As part of the planning process for subdivisions as provided in Section 12-3-11. 2. Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in Section 12-3-12 and: (a) Vegetation must be restored in one or more of the following restoration priority areas: i. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; ii. Shoreline areas within 25 feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass; iii. Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or iv. Other approved priority opportunity areas, including priorities identified in the MRCCA plan. (b) 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 and by Native Vegetation Establishment and Enhancement Guidelines; (c) Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density. PC Packet Pg. #98 D * R * A * F * T 06 / 22 / 2021 Page 28 MRCCA Amendment Ord. No. 568 (d) Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable (e) For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed. (f) Be prepared by a qualified individual or a licensed professional familiar with and experienced with native landscape materials and planting techniques, and (g) Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years. 3. The city will issue a certificate of compliance after the vegetation restoration plan requirements have been completed to the satisfaction of city staff. 12-3-10 LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT A.Purpose.To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants, and maintain the stability of bluffs, shorelines, and other areas prone to erosion. B.Land Alteration. 1. Within the bluff impact zone (BIZ), land alteration is prohibited, except for the following, which are allowed only by permit. (a) Erosion control consistent with a plan approved by the City and consistent with Section 12-3-10.F. (b) The minimum necessary for development that is allowed as an exception under Section 12-3-15; and (c) Repair and maintenance of existing buildings and facilities. 2. Within the water quality impact zone, land alteration that involves more than ten (10) cubic yards of material or affects an area greater than one thousand (1,000) square feet requires a permit. C.Rock riprap, retaining walls, and other erosion control structures. 1. Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, Chapters 6115.0215, subpart 4, item E and 6115.0216, subpart 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers and all other permits are obtained. [See Figure 8 – below]. PC Packet Pg. #99 D * R * A * F * T 06 / 22 / 2021 Page 29 MRCCA Amendment Ord. No. 568 Figure 8. Riprap Guidelines 2. Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with the provisions of Section 12-3-10.F provided that: (a) If the project includes work at or below the OHWL, the commissioner must approve or permit the project. (b) The structures are used only to correct an established erosion problem as determined by the city. (c) The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem: i. Retaining walls must not exceed five (5) feet in height and must be placed a minimum horizontal distance of ten (10) feet apart; and ii. Riprap must not exceed the height of the regulatory flood protection elevation. 3. Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration. D.Stormwater management 1. In the bluff impact zone, stormwater management facilities are prohibited, exceptby permit if: (a) There are no alternatives for storm water treatment outside the bluff impact zone on the subject site; (b) The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; PC Packet Pg. #100 D * R * A * F * T 06 / 22 / 2021 Page 30 MRCCA Amendment Ord. No. 568 (c) The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and (d) Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. 2. In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in Section 12-3-15, or fully reconstructs existing impervious surface of more than ten thousand (10,000) square feet requires a storm water permit. Multipurpose trails and sidewalks are exempt if there is down-gradient vegetation or a filter strip that is at least five (5) feet wide. 3. In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. E.Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities may be allowed on steep slopes, except for those areas in the BIZ, and onlyif: 1. The applicant can demonstrate that the proposed development can be accomplished without increasing erosion or storm water runoff; 2. The soil types and geology are suitable for the proposed development; and 3. Vegetation is managed according to the requirements of Section 12-3-9. F.Conditions of land alteration permit approval. No permit for land alteration shall be approved unless: 1. Temporary and permanent erosion and sediment control measures to retain sediment onsite are consistent with the best management practices in the Minnesota Stormwater Manual; 2. Natural site topography, and soil and vegetation conditions are used to control runoff and reduce erosion and sedimentation; 3. Construction activity is phased when possible; 4. All erosion and sediment controls are installed before starting any land disturbance activity; 5. Erosion and sediment controls are maintained to ensure effective operation; 6. The proposed work is consistent with the vegetation standards in Section 12-3-9; and 7. Best management practices are used for protecting and enhancing ecological and water resources as identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001. G. Compliance with other plans and programs. All development must: PC Packet Pg. #101 D * R * A * F * T 06 / 22 / 2021 Page 31 MRCCA Amendment Ord. No. 568 1. Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under Minnesota Statutes, chapter 8410; 2. Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420;and 3. Meet or exceed the floodplain management standards under Minnesota Rules, sections 6120.5000 –6120.6200. 12-3-11 SUBDIVISION AND LAND DEVELOPMENT STANDARDS A. Purpose. (a) To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites within the corridor; (b) To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and (c) To encourage restoration of native vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA plans. B. Applicability. 1. The design standards in this section apply to subdivisions, planned unit developments, and master-planned development and redevelopment of land involving ten (10) or more acres for contiguous parcels that abut the Mississippi River and twenty (20) or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times: (a) Subdivisions; (b) Planned unit developments; and (c) Master-planned development and redevelopment of land. 2. The following activities are exempt from the requirements of this section. (a) Minor subdivisions consisting of two (2) or fewer lots; (b) Minor boundary line corrections; (c) Resolutions of encroachments; (d) Additions to existing lots of record; (e) Placement of essential services; and (f) Activities involving river-dependent commercial and industrial uses. PC Packet Pg. #102 D * R * A * F * T 06 / 22 / 2021 Page 32 MRCCA Amendment Ord. No. 568 3. Application materials. Project information listed in Section 12-3-12 must be submitted for all proposed developments. 4. Design standards. (a) Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area: i. CA-ROS District: 50%: ii. CA-RN District: 20%: and iii. CA-SR District: 10% 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 amounts specified in Section 12-3- 11.B.4.(a), then protection of native plant communities and natural vegetation in riparian areas shall be prioritized. (c) If primary conservation areas exist but to not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to Section 12-3-9.F. (d) If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA Plan as a restoration area, vegetation must be restored in the identified areas according to Section 12-3-9.F and the area must be set aside and designated as protected open space. (e) Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. (f) Transfer of development rights or the dedication of steep slopes, drainageways and wetlands as allowed under Section 11-1-8, or the dedication of land for public uses, including (but not limited to) public river access, parks, other open spaces or public facilities, and as allowed under Section 11-5-1 of the Mendota Heights City Code, may be counted toward the protected open space requirement. (g) Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network. 5. Permanent protection of designated open space PC Packet Pg. #103 D * R * A * F * T 06 / 22 / 2021 Page 33 MRCCA Amendment Ord. No. 568 (a) Designated open space areas must be protected through one or more of the following methods: i. Public acquisition by a government entity for conservation purposes; ii. A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; iii. A deed restriction; or iv. Other arrangements that achieve an equivalent degree of protection. (b) Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. 6. Alternative design standards. The city will consider the following alternative design option to increase the permanent protection of Primary Conservation Areas (PCAs) in subdivisions and other new developments in the MRCCA District and encourage restoration of native vegetation communities. The City will grant density bonuses to increase the permanent protection of PCAs and/or native plant communities up to twenty percent (20%) / thirty percent (30%) of the parcel area in the CA-RN and CA-SR Districts. Protection and restoration must be accomplished consistent with the requirements of this section. The City may award additional development units based on the size of the area protected, as follows: (a) Density bonuses. The City may approve density bonuses for a major subdivision when the proposed subdivision meets the objectives and requirements of this chapter to protect and preserve bluffs, steep slopes, native vegetation, natural resources, views of the bluffs area, and open space. The city shall determine the amount and location of the density bonus permitted for each major subdivision based on site conditions, zoning district regulations, and potential impacts to the site and surrounding areas. The maximum density bonus for a subdivision shall be twenty percent (20%) for single-family development and thirty percent (30%) for multifamily developments. 12-3-12: SITE PLAN REQUIREMENTS: 3. Site Plan Required: No building permit, zoning approval, or subdivision approval 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. 4. Site Plan Application: An official critical are permit application with a completed site plan shall be filed with the zoning administrator containing evidence adequate to show that the PC Packet Pg. #104 D * R * A * F * T 06 / 22 / 2021 Page 34 MRCCA Amendment Ord. No. 568 proposed use will conform with the standards set forth in this chapter. Three (3) full sets of plans (either 22” x 34” or 24” x 36” sized sheets), three (3) tabloid sized (11” x 17”) plan sets, plus an electronic file (PDF preferred) of the full application materials shall be submitted to the zoning administrator. No permit application shall be reviewed until it is complete. 5. Site Plan Contents. A fully detailed Survey or Site Plan drawn to scale appropriate to the size of the project and suitable for the review to be performed, shall contain the following information: a. A detailed description or narrative prepared by the owner(s) or developer(s) of the proposed project or development. b. A complete and legible legal description, address and location of the property, with the name and address of the legal registered owner(s) and developer(s) of the property. c. A detailed plan identifying the subject property, adjoining lands, roads, railroads, existing subdivisions, any primary conservation areas (PCA); public river corridor views, ordinary high-water level (OHWL) of any adjacent or affected wetlands features, bluff-lines and all required setbacks. d. 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, bluff impact zone, all streams, including intermittent streams and swales, rivers, water bodies, any identifiable underground springs, and wetlands located on the site. e. 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. The plan must also include those areas on the site where stormwater collects and is gradually percolated into the ground or slowly released to a stream or lake. f. A description of the soils on the site, including a map indicating all soil types by area to be disturbed. The description shall also include a soil report containing detailed information on the suitability of the soils for the type of development proposed as well as for the type of sewage disposal proposed. The plan must also describe 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. g. A description of any features, buildings, or areas which are of historic significance. h. A plan indicating the proposed finished grades of the project development site illustrating contours at the same intervals proposed above or in more detail if required to clearly indicate the relationship of proposed changes to existing topography and remaining features. PC Packet Pg. #105 D * R * A * F * T 06 / 22 / 2021 Page 35 MRCCA Amendment Ord. No. 568 i. A landscape plan drawn to an appropriate scale, including dimensions, distance, location, type, size, and description of all existing and significant vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to the site as part of the development. All new landscaping must include native varieties of deciduous, coniferous and ornamental trees and shrubs, along with new pollinator friendly plants and vegetation, and no invasive species. 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 astream or lake. The plan shall also set forth the hydraulic capacity of all structures to be constructed or exiting structures to be utilized, including volume or holding ponds. 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, placement, alignment, height, and intended use of any structures, including retaining walls, to be erected or located on the site. m. A clear delineation of all areas which will 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. The description must also include the development's impact on existing views of and along the river. 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 clear delineation of the area or areas to be dedicated for public use. q. A clear delineation of the location and amount of excavated soils to be stored on the site during construction. r. Any other information pertinent to the project, which in the opinion of city staff and/or the applicant, is necessary or helpful for the review of the project. G. Minor Development: A minor development and/or minor change involving a single-family dwelling, may be approved by the City Council without a public hearing if the project plans conform to the general standards of this chapter. The city administrator shall bring the request to the attention of the city council at its next regular meeting following receipt of an administrative critical area permit application. PC Packet Pg. #106 D * R * A * F * T 06 / 22 / 2021 Page 36 MRCCA Amendment Ord. No. 568 Eligible projects include, but are not limited to, minor building additions, decks, fences, driveways, walkways, stairs, open patios or outdoor sitting areas, accessory storage sheds, gazebos, chicken coops, retaining walls two feet (2’) or less in height, landscaping materials and gardens, and similar structures. Proposed projects and sites must comply with the following conditions: 1. No part of the project shall impact any area with slopes grea ter than eighteen percent (18%). 2. No part of the project shall impact, disturb or be situated in a bluffline setback area as defined by this chapter, whether on the same parcel or on an abutting parcel of land , 3. The proposed project shall not expand the enclosed area of the principal or accessory structures by more than two hundred (200) square feet. 4. The proposed project shall not increase or exceed 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 significant changes to the existing finished grade. 7. The proposed project areas shall include native vegetation. 12-3-13: OFFICIAL REVIEW PROCESS: Proposed developments or activities within the MRCCA shall be subject to the following review procedure: A. Referral to Planning Commission: Except as otherwise provided in subsection 12-3-12.G Minor Developments) of this chapter, the zoning administrator shall refer all site plans to the planning commission. B. Planning Commission Notice and Hearing on Application and Site Plan: The planning commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The city shall give not less than ten (10) nor more than thirty (30) days' notice of the time and place of the hearing. Notice of the hearing shall be published in the designated legal newspaper for the city, and shall contain a description of the land and the proposed use. At least ten (10) days before the hearing, the city shall mail anotice to the owner(s) 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 city 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 the city receives a complete application , and unless the statutory review period as provided for under Minnesota Statute §15.99 is extended or waived by the applicant, the planning commission shall conduct a hearing and forward a written report to the city council stating and confirming its findings and recommendation. PC Packet Pg. #107 D * R * A * F * T 06 / 22 / 2021 Page 37 MRCCA Amendment Ord. No. 568 C. City Council Consideration on Application and Site Plan. Within thirty (30) days after the receipt of the written report and recommendation of the planning commission, the city council shall meet and give full consideration to the application, site plan, written report and recommendation, without a public hearing. If the planning commission fails to make a written report or recommendation to thecity council within sixty (60) days after the acceptance of the application and site plan, and unless the statutory review period has been expressly waived by the applicant as allowed under Minnesota Statute §15.99, the city shall set an additional public hearing before the city council. The hearing must be held within thirty (30) days after the expiration of the sixty (60) day period. Failure to receive a written report and recommendation from the planning commission shall not invalidate the proceedings or action of the city council. The city shall give not less than ten (10) nor more than thirty (30) days mailed notice of the time and place of a hearing to the owner(s) 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. After its consideration of an application and site plan, either with or without a public hearing, the city council may take final action upon the application and site plan or may continue the hearing for further investigation and study. The city council may also request further information and report from the applicant or from the planning commission. D. Any proposed amendment to this chapter may be referred to the planning commission for its consideration and recommendations. 12-3-14: NOTIFICATION TO RESOURCE AGENCIES. A. Amendments to this chapter and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota rule, part 6106.0070, Subp. 3, items B-I, and via email to the appropriate DNR Area Hydrologist. B. Notice of public hearings for discretionary actions, including critical area permits, conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least twenty (20) days prior to the hearing: 1. The Commissioner in a format prescribed by the DNR; 2. National Park Service; and 3. Where proposed building heights exceed the height limits specified in Section 12-3-6 as part of the conditional use or variance process, to the adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river. PC Packet Pg. #108 D * R * A * F * T 06 / 22 / 2021 Page 38 MRCCA Amendment Ord. No. 568 C. Notice of final decisions for actions in Section 12-3-13, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within (10) days of the final decision. D. Requests to amend district boundaries must follow Minnesota Rule part 6106.0100, Subp. 9, item C. E. The DNR must be notified of master plans, PUDs, preliminary and final plats at the time of application submittal. 12-3-15 EXEMPTIONS A. Purpose. To provide exemptions to structure placement, height, and other standards for specific river or water access-dependent facilities as provided in Minnesota Statutes, section 116G.15 Subd. 4. B. Applicability. 1. Uses and activities not specifically exempted in this section must comply with this Chapter. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in Sections 12-3-9 and 12- 3-10. 2. Uses and activities in Section 12-3-15.B.3 are categorized as: (a)E-Exemptmeans that the use or activity is allowed; (b)(E) - Exempt if no alternative means that the use or activity is allowed only if no alternatives exist; and (c)N-Not exemptmeans that a use or activity is not exempt and must meet the standards of this chapter. (d)n/a – not applicable. PC Packet Pg. #109 D * R * A * F * T 06 / 22 / 2021 Page 39 MRCCA Amendment Ord. No. 568 3. Use and activity exemptions classification (a) General uses and activities. Use or Activity Setbacks Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries and railroad signaling towers) N E N N Structure design and placement must minimize interference with public river corridor views. Barns, silos, and farm structures N E N N Bridges and bridge approach roadways E E E (E) Section 12-3-8 Wireless communication towers E E N N Section 12-3-5.B.6 Chimneys, church spires, flag poles, public monuments, and mechanical stacks and equipment N E N N Historic properties and contributing properties in historic districts E E E E Exemptions do not apply to additions or site alterations (b)Public utilities. Use or Activity Setbacks Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Electrical power facilities E E E (E) Section 12-3-8 Essential services (other than storm water facilities) E E E (E) Section 12-3-8 Storm water facilities E N E (E) Section 12-3-10 Wastewater treatment E N E N Section 12-3-8 Public transportation facilities E N (E) (E) Section 12-3-8 PC Packet Pg. #110 D * R * A * F * T 06 / 22 / 2021 Page 40 MRCCA Amendment Ord. No. 568 (c)Public recreational facilities. Use or Activity Setbacks Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Accessory structures, such as monuments, flagpoles, light standards, and similar park features E E (E) (E) Section 12-3-8; within BIZ, only on slopes averaging less than 30%. Exemptions do not apply to principal structures. Picnic shelters and other open-sided structures E N (E) N Section 12-3-8 Parking lots (E) N (E) (E) Section 12-3-8; within BIZ, only within 20 feet of toe of bluff; not on face of bluff; and must not affect stability of bluff Roads and driveways (E) N (E) (E) Section 12-3-8 Natural-surfaced trails, access paths, and viewing areas E N E E Section 12-3-8 Hard-surfaced trails and viewing platforms E N E (E) Section 12-3-8; within BIZ, only on slopes averaging less than 30% Water access ramps E N E (E) Section 12-3-8 Public signs and kiosks for interpretive or directional purposes E N E (E) Section 12-3-8 (d)River-dependent uses. Use or Activity Setbacks Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Shoreline facilities E N1 E (E) Section 12-3-5.B.5. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility Private roads and conveyance structures serving river-dependent uses E N1 E (E) Section 12-3-5.B.5. 1 River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons. PC Packet Pg. #111 D * R * A * F * T 06 / 22 / 2021 Page 41 MRCCA Amendment Ord. No. 568 (e)Private residential and commercial water access and use facilities. Use or Activity Setbacks Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Private roads serving 3 or more lots (E) N N (E) Section 12-3-7; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer 3 lots or to private driveways and parking areas Access paths E N E E Section 12-3-7 Water access ramps E N E N Section 12-3-7 Stairways, lifts, and landings E N E E Section 12-3-7 Water-oriented accessory structures E N E N Section 12-3-7 Patios and decks E N N N Section 12-3-7.E Temporary storage of docks, boats, and other equipment during the winter months E N E N Erosion control structures, such as rock riprap and retaining walls E N E (E) Sections 12-3-10.C, 12-3-10.E, and 12-3-10.F Flood control structures E N E (E) Section 12-3-10 PC Packet Pg. #112