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Home My WebLink About2020-09-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, September 21, 2020 7:00 p.m. Held Remotely Via Conference Call Dial 1-888-788-0099 When Prompted Enter Meeting ID: 930 3200 6568 No Participant ID, Enter # When Prompted 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes: a.August 17, 2020 5.New Business a.Resolution of Appreciation for Ann Hutchinson, Lead Naturalist b.Environmental and Natural Resources Commission Communications c.Mississippi River Corridor Critical Area Ordinance 6.Unfinished Business 7.Visitor Presentations 8.Commissioner Presentations 9.Staff Presentations a.Fall Clean Up Campaign – Throughout the Month of October b.Shredding Event – October 10 c.Update on Environmental and Natural Resources Commission Vacancies d.Update on Nature Center Task Force 10.Adjourn This page intentionally left blank. Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION MONDAY,August 17, 2020 7:00 P.M. (THIS MEETING WAS HELD REMOTELY VIA ZOOM AND CONFERENCE CALL) 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:05 p.m. by Chairperson Miller. 2. ROLL CALL Keith Buttleman, Commissioner Present Mollie Miller, Chairperson Present Candace Okeson,Vice Chair Present Ann Palzer, Commissioner Present Ted Redmond, Commissioner Absent Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Palzer moved to approve the agenda as submitted. Seconded by Commissioner Buttleman. Ayes All The motion passed. 4. APPROVAL OF MINUTES Commissioner Palzer moved to approve the July 20, 2020, Environmental and Natural Resources Commission meeting minutes assubmitted. Seconded by Chairperson Miller. Ayes All The motion passed. 5. UNFINISHED BUSINESS a. Environmental Purchasing Policy Shann Finwall, Environmental Planner presented the changes made to the Environmental Purchasing Policy since the Commissions last review. The Commission stated that the changes addressed their previous questions and concerns. Commissioner Palzer moved to approve the Maplewood Environmental Purchasing Policy as drafted. August 17, 2020 1 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number1 of 16 Seconded by Commissioner Buttleman. Ayes All The motion passed. 6.NEW BUSINESS 7. VISITOR PRESENTATIONS None present. 8. COMMISSION PRESENTATIONS a. University of Minnesota Horticulture Sciences Chairperson Miller spoke to the Commission regarding an outreach program offered by the Minnesota State Horticulture Society called Garden in a Box. In spring of 2021, the Society would like to partner with the City to provide seed starter packs for any small and large community garden and provide additional Garden in a Box kits that would be available to anyone. 9. STAFF PRESENTATIONS a. GreenStep Cities Step 5 Award Shann Finwall, Environmental Planner, gave a presentation to the Commission regarding Step 5 Award. b. Environmental and Natural Resources Commission Vacancies Shann Finwall, Environmental Planner, stated that there are two vacancies on the Environmental and Natural Resources Commission. The deadline for submitting applications is September 4, 2020. c. Update on Nature Center Task Force Shann Finwall, Environmental Planner, stated that the City Council would be appointing the Nature Center Task Force on August 24, 2020. The first meeting will be held soon after. Commissioner Okeson is the representative from the Commission serving on the Task Force. 10. ADJOURNMENT Chairperson Miller adjourned the meeting at 7:47 p.m. August 17, 2020 2 Environmental and Natural Resources Commission Meeting Minutes ENR Packet Page Number2 of 16 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date September 21, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Resolution of Appreciation for Ann Hutchinson, Lead Naturalist Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Adopting a resolution of appreciation for a long-term and dedicated employee at the end of their service recognizes the individual for their time committed to serving Maplewood. Recommended Action: Adopt the Resolution of Appreciation for Ann Hutchinson, Lead Naturalist Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The City of Maplewood appreciates its long-term and dedicated employees and works to provide recognition for those employees upon the end of their service. Background: Ann Hutchinson began her employment on September 10, 1987, as Maplewood’s first Naturalist. Over her many years of service, Ms. Hutchinson has led the City’s environmental education and the creation and operation of the Nature Center. Ms. Hutchinson will be retiring from the Lead Naturalist position on September 30, 2020. The Environmental and Natural Resources Commission and the City owe Ms. Hutchinson a debt of gratitude and appreciation for her 33 years of service to the City. Attachments: 1.Resolution of Appreciation for Ann Hutchinson, Lead Naturalist ENR Packet Page Number3 of 16 Attachment RESOLUTION OF APPRECIATION WHEREAS, Ann Hutchinson was hired as the first Naturalist for the City of Maplewood, beginning her employment on September 10, 1987; and WHEREAS, Ms. Hutchinson has served faithfully in a naturalist and environmental educator capacity for over 33 years; and WHEREAS, the Environmental and Natural Resources Commission, City Council, and City employees have appreciated her experience, insights, and leadership in the City’s environmental education and the creation and operation of the City’s Nature Center; and WHEREAS, Ms. Hutchinson has freely shared her knowledge, skills, wit, and abilities during her service with the City; and WHEREAS, Ms. Hutchinson has shown dedication to her duties and has consistently contributed to the betterment of the environment and education of our youth and adults on the importance of being good stewards to the land. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Ann Hutchinson, Lead Naturalist, is hereby extended our gratitude and appreciation for her 33 years of dedicated service. Passed by the Environmental and Natural Resources Commission on September 21, 2020. ___________________________________________ Mollie Miller, Chair Attest: ________________________________ Andrea Sindt, City Clerk ENR Packet Page Number4 of 16 Agenda Item 5.b. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date September 21, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner Joe Sheeran, Communications Manager PRESENTER:Joe Sheeran, Communications Manager AGENDA ITEM:Environmental and Natural Resources Commission Communications Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Environmental and Natural Resources (ENR) Commission ordinance outlines the duties and responsibilities of the Commission to include environmental education. Recommended Action: Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Outlining environmental communications will assist the ENR Commission in meeting its duties and responsibilities outlined in City Code, and help the City advance environmental and sustainability goals. Background: City Council Strategic Priorities The Maplewood Strategic Plan initiatives, resources, goals, and department operations and projects. One of the strategic priorities of the City Council is integrated communication.This includes a long-term vision that reflects the community identity and effectively communicates a consistent, broad-based message and brand through a variety of mediums. ENR Packet Page Number5 of 16 ENR Ordinance The ENR Commission ordinancend responsibilities to include the development of educational programs and materials that foster the mission of the Commission. Nature Center Another ENR Commission duty and responsibility was to actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. . That will now change with the shutdown of the Nature Center.A comprehensive review of the future of the Nature Center programs and services is beginning with the Nature Center Task Force. ENR Communications Transitioning into 2021, there will be anopportunityto expand the Nature Center webpage to deal with a broad range of environmental planning, urban design,natural resources, and climate change. Starting in the spring of 2021, newsletter) will have a renewed focus on the broader scope of environmental planning and green living initiatives. Additionally, as we release and roll out the climate adaption plan, there will be an opportunity for a series of videos that highlight the plan. These will run on Facebook, YouTube, and Channel 16. During the September 21 ENR Commission meeting, these items will be discussed along with the type of media that best fits thecontent. Attachments: None 2 ENR Packet Page Number6 of 16 Agenda Item 5.c. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date September 21, 2020 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Mississippi River Corridor Critical Area Ordinance Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Communities in the Mississippi River Corridor Critical Area (MRCCA) are required to adopt new zoning standards consistent with the 2017 MRCCA rules and local comprehensive plans. Recommended Action: Review and discuss the MRCCA rules and ordinance update requirements. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Updating the City’s MRCCA ordinance will ensure compliance with state rules. Background: The Mississippi River Corridor Critical Area (MRCCA) program is a joint state, regional and local program that provides coordinated land use planning and zoning regulations for the 72-mile stretch of the Mississippi River through the seven-county metropolitan area covering 54,000 acres of land in 30 local jurisdictions. The MRCCA was designated by Governor’s Executive Order in 1976, following the passage of the Minnesota Critical Areas Act of 1973. On January 4, 2017, Minnesota Rules, chapter 6106 replaced Executive Order 79-19, which previously governed land use in the MRCCA. The rules require local governments to update their MRCCA plans and ordinances for consistency with the rules. ENR Packet Page Number7 of 16 Maplewood MRCCA The land in Maplewood located within the MRCCA is located on the southwest corner of the City, south of Carver Avenue and west of Interstate 494. It encompasses approximately 145 acres of land. More than 75% is guided as open space (Ramsey County Open Space and Maplewood Fish Creek Neighborhood Preserve) and the remaining is made up of rural/low-density housing (34 single-family homes located along Carver Avenue and Dorland Road). MRCCA Districts Six districts are defined in the MRCCA rules. The districts are based on the natural and built character of different areas of the river corridor. Structure setbacks, height limits, and the amount of open space required for subdivisions vary by district. All other MRCCA standards apply uniformly throughout the corridor. The presence and diversity of the districts supports the different dimensional standards needed to enhance the corridor’s character and to protect the resources and features identified for special protection. The portion of Maplewood located in the MRCCA is designated as a Rural and Open Space District. This designation 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. Comp Plan Maplewood’s 2040 Comprehensive Plan was updated based on the new rules. The future land use guidance of Open Space fits the purpose of the Rural and Open Space district through encouraging passive recreational use, habitat restoration, and natural character preservation. The rural/low- density residential classification offers a rural residential setting and helps protect the City’s natural resources. Zoning From January 2020 through December 2022 all communities in the MRCCA will be required to adopt new zoning standards consistent with the 2017 MRCCA rules and local comprehensive plans. Once a city is notified by the Department of Natural Resources to begin updating its ordinance within that timeframe, a city has one year to adopt a new ordinance. Maplewood is scheduled to be notified of that requirement in the next month. Draft Ordinance Maplewood’s existing MRCCA and Slopes ordinances must be updated to be consistent with the 2017 MRCCA rules and the City’s comprehensive plan. The new rules outline regulations for development and vegetative management along the Mississippi River and on slopes adjacent to the river (any land within the corridor with an 18% slope). Maplewood’s MRCCA land area includes slopes, but no river access. Therefore, the City’s updates will deal mainly with setbacks to a bluff, vegetative management along slopes, nonconforming uses, and clarifications on definitions. The Department of Natural Resources drafted a model MRCCA ordinance for use by cities. A link to the model ordinance is included below and includes text and commentary explaining provisions that may be confusing or misinterpreted. It also includes optional model ordinance text for better administration and resource protection. 2 ENR Packet Page Number8 of 16 Next Steps Review the background material and discuss the MRCCA updates during the September 21 ENR Commission meeting. Staff will begin updating the City’s ordinances for review by the ENR Commission in October. Attachments: MRCCA Overall Map Maplewood MRCCA Area District Map Maplewood MRCCA Area Future Land Use Map Guide to City and Township MRCCA Zoning Updates Links: 1.Maplewood Critical Area Plan – 2040 Comprehensive Plan 2.Maplewood MRCCA Code 3.Maplewood Slopes and Erosion Control Code 4.New MRCCA Model Ordinance 3 ENR Packet Page Number9 of 16 Attachment 1 MRCCA Overall Plan ENR Packet Page Number10 of 16 Attachment 2 Maplewood MRCCA Area District Map Figure 5-2. Mississippi River Corridor Critical Area Districts Djuz!pg!NbqmfxppeBepqufe!Tfqufncfs!:-!312: 6.96! ENR Packet Page Number11 of 16 Attachment 3 Maplewood MRCCA Future Land Use Map Figure 5-3. Future Land Uses within MRCCA DSJUJ D BM! B SFB!QMBO Bepqufe!Tfqufncfs!:-!312:3151!Dpnqsfifotjwf!Qmbo 6.97!!!! ENR Packet Page Number12 of 16 Attachment 4 Guide to City and County MRCCA Zoning Updates Guide to City and Township MRCCA Zoning Updates What is the Mississippi River Corridor Critical Area MRCCA? The Mississippi River Corridor Critical Area (MRCCA) is a corridor of land along each side the Mississippi River in the Twin Cities Metropolitan Area with coordinated state, regional and local land use planning and zoning. It includes 54,000 acres in 30 local governments along a 72-mile stretch of the river. Land development in the MRCCA has been regulated by city and township-adopted MRCCA plans and zoning regulations since 1976 in compliance with state provisions. These local zoning standards have regulated structure height and setbacks from the river and bluffs as well as vegetation management and removal, land alteration, and subdivision of land to preserve the corridor’s unique natural, recreational, and cultural features. The MRCCA was designated a critical area in 1976 by Executive Order following passage of the Minnesota Critical Areas Act of 1973. The Executive Order was the governing regulation until it was superseded by MRCCA rules in 2017 (Minnesota Rules Chapter 6106). The rules more consistently protect habitat, scenic views and water quality, and allow redevelopment to address contemporary needs such as higher density and mixed uses. In 1988, the National Park Service designated the Mississippi National River & Recreation Area (MNRRA), which shares the same border as the MRCCA. There are no federal land planning or zoning regulations associated with the MNRRA. Why is the MRCCA important? The Mississippi River is one of the most famous rivers in the world. It is the defining feature for the many communities along its banks. Through the Twin Cities metro area, the MRCCA supports a diverse mix of residential, commercial, industrial and recreational uses, as well as river-related industry and transportation. Though the river corridor has been extensively developed, many intact and remnant cultural, natural and scenic areas remain, including bluffs, islands, floodplains, wetlands, historic resources, and native plants and animals. The state rules and local MRCCA plans and zoning regulations are designed to protect these resources while accommodating continued growth and redevelopment. Why is my community updating its MRCCA zoning regulations? Starting in January 2020 and going through approximately December 2022, all communities in the MRCCA will be adopting new MRCCA zoning standards consistent with 2017 MRCCA rules and local MRCCA plans that were recently updated as part of the comprehensive plan 10-year updates. Until a community adopts the new standards, its existing MRCCA zoning standards apply. Contact your local city or township zoning staff with questions about relevant standards and permit requirements that apply to your property. The DNR’s role is to ensure that local government MRCCA zoning regulations comply with the state rules and to provide technical assistance and oversight to local zoning staff. 01/13/2020 1 ENR Packet Page Number13 of 16 Overview of New Local Government MRCCA Zoning Regulations Local MRCCA zoning regulations are administered as an overlay district. Within this overlay district, MRCCA zoning regulations guide building and construction, vegetation clearing and restoration, and land alteration. These regulations also affect local decisions on variances and conditional use permits. Following is an explanation of how the new zoning regulations in the 2017 MRCCA rules will affect some of the most common development activities. New Terms Familiarity with the following terms are helpful for understanding MRCCA zoning regulations. These terms are described and mapped in city and township MRCCA plans (a chapter of the comprehensive plan) and summarized below: Bluff. A natural feature with an average slope exceeding 18%. Bluff impact zone. The bluff and land within 20 feet of the bluff. Native plant communities. Plant communities of five acres or greater that meet the quality criteria established by the Minnesota Biological Survey to qualify as a native plant community - identified in local government MRCCA plans. Natural drainage route. Rivers and streams and any other drainage ways identified by local governments. Shore impact zone. 50% of the required structure setback from the river. Significant existing vegetation stands. Largely intact and connected plant communities that contain a sufficient representation of the original native plant community - identified in local government MRCCA plans. Wetland. Transitional lands between terrestrial and aquatic systems where the water table is usually at or near the surface or land covered by shallow water. Building and Construction Structure height and structure setbacks from the river and top of bluffs (the top of an 18% slope) vary for each of the six MRCCA districts (See Table 1). These provisions protect scenic views and keep buildings and other development activity away from sensitive shorelines and slopes that provide habitat and are prone to soil erosion and slope failure. Structure height and setback standards will not change for most property owners. See the MRCCA Boundary and Districts web page to find the district in which your parcel is located. Table 1. Building and constructions standards for each of the six MRCCA districts. Build & Construction Standards Rural River River Separated Urban Urban Open Towns and Neighborhood from River Mixed Core (CA- Space Crossings (CA-RN) (CA-SR) (CA-UM) UM) (CA-ROS) (CA-RTC) Maximum Structure HeightUnderlying Underlying 35’ 35’ 48’* 65’* Zoning Zoning Mississippi River Structure Setback Underlying 200’ 100’ 75’ n/a 50’ Zoning Bluff Structure Setback 100’ 40’ 40’ 40’ 40’ 40’ *Greater height may be allowed with a Conditional Use Permit. Expansion of Nonconforming Structures Legal nonconforming structures were lawfully permitted when they were built. However, when zoning standards change and these structures no longer conform to the new standards, they become legally nonconforming or “grandfathered.” Nonconforming structures are common in the MRCCA. Minnesota Statute (MS §462.357, Subd. 1e) protects the rights of 01/13/2020 2 ENR Packet Page Number14 of 16 the owners of nonconforming structures, and allows for their continued use, including repair, replacement, restoration, maintenance, or improvement. Under the MRCCA rules, local governments may allow the lateral expansion of legally nonconforming principal structures such as homes, as long as they do not expand further into required setbacks from the river and bluff. Land Alteration Standards (Grading & Filling) Land alteration in areas near water and on steep slopes increases the risk of soil erosion and the movement of sediment into water. A new local government permit is required for the following land alteration activities: Any activity that disturbs more than 10 cubic yards or 1,000 square feet of soil within the shore impact zone or within 50 feet of a public water, wetland, or natural drainage route, whichever is greater. Riprap, retaining walls or other erosion control structures to correct an established erosion problem in the shore impact zone and bluff impact zone. There are specific design standards and conditions for constructing these structures. The construction of structures below the ordinary high water level would continue to require a DNR permit or approval. be removed in protected areas without a permit. Erosion control projects and repair & maintenance of existing structures in the bluff impact zone. All other activities are prohibited in the bluff impact zone. Figure 1. Intensive removal of vegetation in prohibited in Vegetation Removal & Management Standards protected areas. Retaining vegetation along the river and on slopes is important to stabilize soil and to slow, absorb, and filter stormwater before it runs into the river. Vegetation is also important for retaining the scenic qualities of the river. Local MRCCA regulations include a new vegetation permit and standards for protecting and restoring vegetation. Activities that DO NOT Require a Permit: Maintenance of existing lawns, landscaping and gardens; Removal of vegetation in emergency situations as determined by the local government; The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. Prohibited Vegetation Removal Activities The intensive removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block in protected areas - the shore impact zone, bluff impact zone, within 50 feet of a wetland or natural drainage way or of native plant communities and significant existing vegetative stands - is prohibited. Figure 1 shows some of these protected areas – protected areas are shown in color. Note that isolated trees and shrubs may 01/13/2020 3 ENR Packet Page Number15 of 16 Allowed Vegetation Removal Activities with a Permit: Some vegetation removal activities in protected areas are allowed with a vegetation permit, including removal: of vegetation that is dead, diseased, dying, or hazardous; to prevent the spread of diseases or insect pests; of invasive non-native species; to prepare for restoration and erosion control management activities consistent with a plan approved by the local government; of the minimum necessary for construction allowed with a building permit. RiverAccess on Riparian Lots Local MRCCA regulations include new design standards Figure 2. River Access Design Standards. for river access including access paths and stairways, water-oriented structures and patios and decks (see Figure 2): Private driveways, parking areas and other impervious surfaces must not be placed in the shore impact zone or the bluff impact zone, except for: o Access Paths: Access paths can be no wider than 8 feet wide in the shore impact zone or 4 feet wide in a bluff impact zone. o Stairways, lifts, and landings: Stairways, lifts, and landings are allowed in the shore impact zone and the bluff impact zone as long as stairways and lifts are no wider than 4 feet and landings no more than 32 square feet. Decks and patios may encroach into bluff and river setbacks up to 15% of the required structure setback, provided they don’t extend into the bluff impact zone. One water-oriented accessory structure is allowed for every 300 feet of river frontage. Lots less than 300 feet may have one structure. The water- oriented accessory structure is limited to a 12-foot height, 120 square foot area, and must be at least 10 feet from the water’s edge. These structures are not allowed in the bluff impact zone. Temporary storage of docks, boats, and other equipment during the winter months are prohibited in the bluff impact zone but allowed in the shore impact zone. MRCCA web address: https://www.dnr.state.mn.us/waters/watermgmt_section/critical_area/index.html 08/07/2020 4 ENR Packet Page Number16 of 16