HomeMy WebLinkAbout2021-08-16 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, August 16, 2021
7:00 p.m.
Maplewood City Council Chambers
1803 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval of Minutes:
a.June 21, 2021
5.Unfinished Business
a.Mississippi River Corridor Critical Area and Slopes and Bluffs Ordinances
6.New Business
7.Visitor Presentations
8.Commissioner Presentations
9.Staff Presentations (oral reports only)
a.State Fair Eco Experience
b.Update on the New Parks and Natural Resources Department
10.Adjourn
Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
MONDAY, JUNE 21, 2021
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
7:04 p.m. by Chairperson Palzer.
2.ROLL CALL
Rebecca Bryan, CommissionerPresent
Keith Buttleman, CommissionerPresent
Kayla Dosser, Vice Chairperson Absent
Mollie Miller, Commissioner Absent
Ann Palzer, ChairpersonPresent
Ted Redmond, CommissionerPresent
Staff Present
Shann Finwall, Environmental Planner
Carole Gernes, Natural Resources Coordinator
3.APPROVAL OF AGENDA
Commissioner Redmond moved to approve the agenda.
Seconded by Commissioner Bryan.Ayes – All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Buttleman moved to approve the May 17, 2021, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by Commissioner Redmond. Ayes – Bryan, Buttleman,
Redmond
Abstain – Palzer
The motion passed.
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5.NEW BUSINESS
a.Tree Program Update
Environmental Planner Finwall introduced Carole Gernes, the City’s new Natural
Resources Coordinator.
Natural Resources Coordinator Carole Gernes gave a presentation on the City’s
Tree Program and answered questions of the commission.
Environmental Planner Finwall stated that the Commission will begin the review of a
Tree Policy in the coming months.
6.UNFINISHED BUSINESS
a.Mississippi River Corridor Critical Area Outreach
Environmental Planner Finwall led a discussion on the planned MRCCA outreach.
This will include an article in the July edition of the Maplewood Living and a direct
mailing to area residents.
7.VISITOR PRESENTATIONS
None.
8.COMMISSIONER PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.Climate Adaptation Plan Update – May 24, 2021 City Council Approval
Environmental Planner Finwall reported that the Climate Adaptation Plan was
approved by the City Council on May 24, 2021. The City will not begin
implementation strategies outlined in the plan.
b.Waterfest – June 19 to June 27
Environmental Planner Finwall discussed the ENR’s participation in the Waterfest
event. Commissioner Bryan assisted staff in creating a self-directed aquatic invasive
educational board, game, and handouts.
c.Tree Care and Shrub Planting Basics – June 24
Environmental Planner Finwall let the Commission know about an upcoming class
being offered at the Maplewood Nature Center.
d.Fourth of July Fire Works – July 4
Environmental Planner Finwall shared that the city will be hosting fireworks at
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Hazelwood Park on the 4 of July.
e.In Person ENR Commission Meetings Resume – July 19, 2021
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Environmental Planner Finwall reminded the Commission that in-person meetings
will begin again in July. The first in-person meeting for the ENR Commission will be
July 19, 2021.
f.2021 EPEAT Purchaser Award – Virtual Ceremony July 26
Environmental Planner Finwall announced that the City of Maplewood has won the
2021 EPEAT Purchaser Award.
g.National Night Out – August 3
Environmental Planner Finwall started a discussion about how the ENR could get
involved with National Night Out.
10.ADJOURNMENT
.
Commissioner Redmond made a motion to adjourn the meeting.
Seconded by Commissioner Buttleman. Ayes – All
The motion passed.
The meeting was adjourned by Vice Chairperson Dosser at 8:11 p.m.
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Agenda Item 5.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT
Meeting Date August 16, 2021
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 and Slopes and Bluffs Ordinances
Action Requested: MotionDiscussion Public Hearing
Form ofAction:ResolutionOrdinanceContract/AgreementProclamation
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:
Motion to approve the MRCCA and Slopes and Bluffs ordinances.
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.
Updating the City’s MRCCA and Slopes and Bluffs ordinances will ensure compliance with state
rules and consistency with the City’s comprehensive plan.
Background:
Maplewood MRCCA
Maplewood’s MRCCA is located on the southwest corner of the City, south of Carver Avenue and
west of Interstate 494. It consists of 145 acres, of which more than 75 percent 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 (35 single-family homes located along Carver
Avenue and Dorland Road). Refer to the MRCCA Natural Features map attached.
Zoning Standards
The State adopted new MRCCA Rules on January 4, 2017. The Rules require local governments to
update their MRCCA plans and ordinances for consistency within one year after notification by the
Department of Natural Resources (DNR). The City has until October 1, 2021, to update its
ordinance. During the MRCCA ordinance amendments, the City should also review the Slope
ordinance to ensure consistency in regulating developments next to steep slopes throughout
Maplewood.
Maplewood MRCCA and Slopes and Bluffs Ordinance Review Timeline
To ensure the City meets the October 2021 deadline for amending its MRCCA ordinance, staff is
proposing the following timeline:
August 16, 2021 – Environmental and Natural Resources (ENR) Commission review of
public and DNR comment and feedback and final recommendation on MRCCA and Slopes
and Bluffs ordinances.
August 17, 2021 - Planning Commission review of MRCCA and Slopes and Bluffs
ordinances.
September 13, 2021 – City Council review of MRCCA and Slopes and Bluffs ordinances via
workshop or FYI.
September 21, 2021 - Planning Commission public hearing.
September 27, 2021 - City Council final review and approval.
October 1, 2021 – Deadline for submitting MRCCA ordinance to DNR for review and final
approval.
MRCCA Ordinance Outreach
In July 2021, the City published an MRCCA article in the Maplewood Living and created an MRCCA
webpage (www.maplewoodmn.gov/mrcca). The City also sent a direct mailing to all 35 homes
within the MRCCA district. The mailing included details on the new rules, proposed ordinance
amendments, and outlined the major changes that may affect single-family homes (outlined below).
The City has not received comments or feedback from the article, webpage, or direct mailings.
Major MRCCA Ordinance Changes that May Affect Single-Family Properties
1.Bluff Definition: A natural topographic feature having a slope that rises at least 25 feet and
the grade of the slope averages 18 percent or greater, measured over a horizontal distance
of 25 feet.
2.Principal and accessory structures must maintain the following setbacks to a bluff:
a.100-foot setback (current ordinance requires a 40-foot setback).
b.An average setback of the principal and accessory structures on adjoining lots
(current ordinance does not allow averaging), as long as the structure is not in the
bluff impact zone (20 feet to the bluff line).
c.Accessory structures under 200 square feet and decks may encroach 15 percent into
the required setback (current ordinance does not allow encroachments), as long as
the structure is not in the bluff impact zone (20 feet to the bluff line).
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3. Vegetation Removal: A vegetation removal permit and restoration plan is required for the
removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block
(current ordinance does not require vegetation removal permits).
4. Nonconformities (homes and garages that were built closer to the bluff than the new
regulations allow):
a. All legally-established nonconforming structures may remain (same as current
ordinance).
b. All legally-established nonconforming principal structures and decks may be
expanded laterally (current ordinance does not allow lateral expansion), as long as
the structure is not in the bluff impact zone (20 feet to the bluff line).
Staff Review of Ordinance
The City just received responses from the DNR to questions posed by the Engineering and Natural
Resources division on the amended ordinance. Staff will review the questions, responses, and any
ordinance changes needed during the Commission meeting.
1. Definitions:
a. Question: A steep slope is defined as “a natural topographic feature with an average
slope of twelve (12) to eighteen (18) percent, measured over a horizontal distance
equal to or greater than fifty (50) feet, and any slope greater than eighteen (18)
percent that are not bluffs.” The last part of the definition is confusing - “and any
slope greater than eighteen (18) percent that are not bluffs.” Does this refer to a
slope greater than 18 percent regardless of horizontal distance?
b. DNR Response: Unfortunately, this definition could use some further clarification as
your question indicates. Assume a 50-ft distance as well for slopes over 18% that are
not bluffs. That part of the steep slope definition was added at the last minute, in
rulemaking, when someone pointed out that there would be a gap in protecting
slopes over 18% that didn’t also qualify as bluffs. A slope feature qualifies as a bluff
only if it rises at least 25 feet. So a slope over 18% would be protected if it didn’t rise
at least 25 feet.
c. Question: A bluff is defined as “natural topographic feature having a slope that rises
at least twenty five (25) feet where the grade of the slope averages eighteen (18)
percent slope to the top of the slope.” “Where the slope begins below the ordinary
high water level is the toe of the slope.” Figure 1 seems to show a slope of 18% or
greater over a horizontal distance of 25 feet. Why are the 25-foot sections called
out?
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DNR Response: The 25-foot horizontal dimension is used in the same way as the
50-foot horizontal dimension is used for determining a steep slope. In this case, a 25-
foot horizontal dimension was felt to better capture a slope features that were “bluffs”
and worthy of protecting through the various bluff protection regulations in the rules.
Note that I filled in gaps in the bluff definition in the first sentence above.
2. Setbacks:
Question: There are no setback requirements to a steep slope, only to
blufflines? Maplewood will be updating our Citywide slope ordinance with the MRCCA
ordinance amendment. We want to make sure they are consistent. The slope ordinance
would apply to all areas of the City, not just the MRCCA. We are considering a structure
setback of 40 feet to a naturally occurring steep slope in our slope ordinance. Thoughts on
that requirement?
DNR Response: Have you done a GIS analysis to identify where steep slopes are located
and how the 40 foot setback might affect existing and potential development? Is the
motivation to reduce soil erosion or aesthetic (protect views). In most situations, we don’t
find soil erosion to be a problem until slopes get significantly higher than 12 – 18 percent.
3. Vegetation Permit:
a. Question: Is this a permit the City has to create for intensive vegetation removal in
the MRCCA? Can we require a grading or erosion control permit, which is what we
would likely do for intensive vegetation removal in any area of the City?
DNR Response: It doesn’t matter what you call the permit, as long as one goes
through a permitting process (with the required performance standards) for intensive
clearing.
b. Question: Most of Maplewood’s MRCCA district is covered by open space. Ramsey
County and Maplewood manage those open space sites. Does the City and the
County have to obtain a vegetation permit from the City for intensive clearing we do
in those open spaces (i.e., intensive clearing of buckthorn and other invasive plants
and restoration with native plants)?
DNR Response: We generally don’t expect a county to get a permit from a city for
vegetation and land alteration permits. Also, the city wouldn’t need to pull a permit for
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its own clearing activities. We would expect the city to follow the standards in the
ordinance for intensive clearing and vegetation restoration.
DNR Preliminary Review of Ordinance
The MRCCA rules require that the City submit the draft MRCCA ordinance to the DNR for
preliminary review prior to final submittal. Preliminary review was just complete by the DNR (see
attached). Staff will review those comments and any ordinance changes needed during the
Commission meeting.
Attachments:
1. Maplewood MRCCA Natural Features Map
2. Amended MRCCA Ordinance (redlines reflects staff changes since June 2021)
3. Amended Slopes and Bluffs Ordinance (redlines reflects staff changes since June 2021)
4. DNR Preliminary Review of Maplewood’s MRCCA Ordinance
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Attachment 1
Esri Community Maps Contributors, County of
Labels
Imagery with
00.10.2mi
Legend
Natural Drainage RoutesShore Impact ZonesNative Plant CommunitiesSignificant Existing Vegetative StandsBluff Impact ZoneWetlands
MRCCA BoundaryCity and Township BoundariesParcelsMRCCA Primary Conservation Areas
Mississippi River Corridor Critical Area
Attachment 2
Maplewood Draft MRCCA Ordinance Amendments
Sec. 18-581. - Definitions.
Accessory structure means a structure that is accessory to and separate from the principal
structure.
Bluff means a natural topographic feature having a slope that rises at least twenty five (25) feet
where the grade of the slope averages eighteen (18) percent slope from the toe of the slope to
the top of the slope. Where the slope begins below the ordinary high water level is the toe of
the slope. See Figure 1.
Figure 1. Bluff
Bluff impact zone (BIZ) means land located within twenty (20) feet of the top or bottom of the
bluff. See Figure 2.
Figure 2. Bluff Impact Zone
Bluffline means a line delineating the top of the bluff. More than one bluff line may be
encountered proceeding landward from the river.
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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.
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.
Bluff Line means a line delineating the top of the bluff. More than one bluffline may be
encountered proceeding landward from the river.
Deck is a horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached to a principal structure.
Impervious surface means a constructed hard surface that prevents 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.
Intensive vegetation clearing means the removal of all or a majority of the trees or shrubs in a
contiguous patch, strip, row, or block.
Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor
Boundary.
Mississippi River Corridor Critical Area (MRCCA) Plan is a chapter in the Maplewood
comprehensive plan.
Nonconformity has the meaning given under Minnesota Statutes, section 394.22.
Off-premise advertising signs means a sign that directs attention to a product, service, business,
or entertainment venue that is not exclusively related to the premises where the sign is located.
Primary conservation areas (PCAs) means key resources and features, including bluff impact
zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage
routes, 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.
Principal structure means the house and attached garage.
Private facilities means private roads, driveways, parking areas, decks, accessory structures,
and private signs.
Public facilities means public utilities, public transportation facilities, and public recreational
facilities.
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
plan/chapter of the comprehensive plan.
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Public waters has the meaning given under Minnesota Statutes, section 103G.005.
River corridor boundary is 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 State Register, volume 43,
pages 508 to 518.
Steep slope means a natural topographic feature with an average slope of twelve (12) to
eighteen (18) percent, measured over a horizontal distance equal to or greater than 50 feet, and
any slope greater than eighteen (18) percent that are not bluffs.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water in the form
of natural precipitation and resulting from such precipitation.
Stormwater management facilities are 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.
Vegetation Permit means a grading or separate permit issued by the City of Maplewood to allow
intensive vegetation clearing.
Sec. 18-582. - 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.
Sec. 18-583. - Generally.
(a) Jurisdiction. The provisions of this section apply to land within the river corridor
boundary as described in the State Register, volume 43, and pages 508 to 519
and shown on the Maplewood zoning map as the MRCCA overlay district.
(b) Enforcement. The City Manager or his or her designee is responsible for the
administration and enforcement of this section. 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 section can occur regardless of whether or not a permit is required for a
regulated activity.
(c) Severability. If any section, clause, provision, or portion of this section is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected thereby.
(d) Abrogation and Greater Restrictions. It is not intended by this section to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this section imposes greater restrictions, the provisions of this
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section shall prevail. All other sections or ordinances inconsistent with this
section 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 overlay district are more restrictive.
(a) Permits. A permit is required for the construction of buildings or building
additions (including construction of decks and signs), the installation and/or
alteration of sewage treatment systems, intensive vegetation removal, and land
alterations.
(b) Variances. Variances to the requirements under this section may only be
granted in accordance with Minnesota Statutes, Section 462.357 and must
consider the potential impacts of variances on primary conservation areas, public
river corridor views, and other resources identified in the MRCCA plan. In
reviewing the variance application, the City Council 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
(2) Make written findings that the variance is consistent with the purpose of
this section as follows:
(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 PRCVs nor will it
contribute to negative incremental impacts to PCAs and PRCVs
when considered in the context of past, present and reasonable
future actions; and
(c) Conditional use permits. All conditional uses required under this section must
comply with Minnesota Statutes, section 462.3595 and must consider the
potential impacts on PCAs, PRCVs, and other resources identified in the MRCCA
plan. In reviewing the application, the City Council 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; and
(2) Make written findings that the conditional use is consistent with the
purpose of this section as follows.
(a) The extent, location and intensity of the conditional use will be in
substantial compliance with the MRCCA Plan;
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(b) The conditional use is consistent with the character and
management purpose of the MRCCA district in which it is located;
(c) The conditional use will not be detrimental to PCAs and PRCVs
nor will it contribute to negative incremental impacts to PCAs and
PRCVs when considered in the context of past, present and
reasonable future actions; and
(3) Conditions of Approval. The City Council 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:
(b) Preservation of existing vegetation;
(c) Stormwater runoff management;
(d) Reducing impervious surface;
(e) Increasing structure setbacks;
(f) Wetland and drainage route restoration and/or preservation;
(g) Limiting the height of structures;
(h) Modifying structure design to limit visual impacts on PRCVs; and
(i) Other conservation measures.
(d) Application materials. Applications for permits and discretionary actions required
under this section must submit the following information unless the City Manager
or his or her designee determines that the information is not needed.
(1) A detailed project description; and
(2) Scaled maps and plans, dimensional renderings, maintenance
agreements, and other materials that identify and describe:
(a) Primary conservation areas;
(b) Public river corridor views;
(c) Buildable area;
(d) Existing and proposed topography and drainage patterns;
(e) Proposed stormwater and erosion and sediment control practices;
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(f) Existing and proposed vegetation to be removed and established;
(g) Ordinary high water level, bluff lines, and all required setbacks;
(h) Existing and proposed structures;
(i) Existing and proposed impervious surfaces; and
(j) Existing and proposed subsurface sewage treatment systems.
(e) Nonconformities.
(1) All legally established nonconformities as of the date of this ordinance
may continue consistent with Minnesota Statutes, Section 462.357 Subd.
1e.
(2) New structures erected in conformance with the setback averaging
provisions 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, stormwater control
measures, and other nonstructural site improvements.
(4) Legally nonconforming principal structures and decks that do not meet
the setback requirements may be expanded laterally provided that:
(a) The expansion does not extend into the bluff impact zone or
further into the required setback than the building line of the
existing principal structure; and
the original structure and existing surrounding development.
(f) Notifications.
(1) Amendments to this section and to the MRCCA plan must be submitted to
the Commissioner as provided in Minnesota Rules, part 6106.0070,
(2) Notice of public hearings for discretionary actions, including 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 thirty (30) ten (10) days prior to the hearing:
(a) The Commissioner in a format prescribed by the Minnesota
Department of Natural Resources;
(b) National Park Service; and
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(c) Where building heights exceed the height limits as part of the
conditional use or variance process, adjoining local governments
within the MRCCA, including those with overlapping jurisdiction
and those across the river.
(3) Notice of final decisions for actions, including findings of fact, must be
sent to the Commissioner, the National Park Service, and adjoining local
governments within the MRCCA within ten (10) days of the final decision.
(4) Requests to amend district boundaries must follow the provisions in
Minnesota Rules, part 6106.0100, Subp. 9, Item C.
(5) The Minnesota Department of Natural Resources will be notified at time
of application submittal of master plans, Planned Unit Developments, and
preliminary and final plats.
(g) Accommodating disabilities. Reasonable accommodations for ramps or other
facilities to provide persons with disabilities access to the person's property, as
required by the federal Americans with Disabilities Act and the federal Fair
Housing Act and as provided by Minnesota Rules, chapter 1341.
Sec. 18-585. - MRCCA District
(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
character of each district.
(b) District description and management purpose. The MRCCA in the City is
classified as Rural and Open Space (ROS).
(c) 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.
(d) 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.
(e) MRCCA district map. The locations and boundaries of the MRCCA district
established by this section is shown on the Maplewood zoning map as the
MRCCA overlay district 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 unsubdivided
property, the district boundary line is determined by use of dimensions or the
scale appearing on the map.
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(a) Purpose. To identify development standards and considerations for land uses
that have the 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:
(1) Wireless communication towers. Wireless communication towers require
a conditional use permit per Maplewood City Code, Article XI
(Commercial Use Antennas and Towers) 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 meet structure setbacks as outlined in 18-
587(c)(2); and
(c) Placement of the tower must minimize impacts on public river
corridor views.
(d) Comply with the general design standards in Section 18-589.
(a) Purpose. 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.
(1) Structures and facilities are limited to thirty five (35) feet in height or lower
unless identified as exempt.
(2) In addition to the variance requirements, criteria for considering whether
to grant a variance 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
setbacks;
(c) Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
(d) Placing the long axis of the building perpendicular to the river;
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(e) Stepping back of portions of the facade;
(f) Lowering the roof pitch or use of a flat roof;
(g) 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;
(h) Narrowing the profile of upper floors of the building; or
(i) Increasing the setbacks of the building from the blufflines;
(j) Identification of techniques for preservation of those view corridors
identified in the MRCCA Plan; and
(k) Opportunities for creation or enhancement of public river corridor
views.
(c) Structure and impervious surface placement.
(1) Impervious surfaces must not be placed in the bluff impact zones.
(2) Principal and accessory structures:
(a) Must not be placed in the bluff impact zones.
(b) Must maintain:
(1) a 100-foot setback to a bluff line; or
(2) an average setback of the adjoining lots. 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 bluff ward of
the setbacks are consistent with adjoining development.
See Figure 3.
Figure 3. Structure Setback Averaging
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(c) Accessory structures under two hundred (200) square feet and
decks may encroach into the required setbacks outlined in 15-
587(c)(2)(a) and (b) without a variance provided that the:
(1) Encroachment does not exceed fifteen (15) percent of the
required structure setback;
(2) Area of the deck that extends into the required setback
area occupies no more than twenty five (25) percent of the
total area between the required setback and the fifteen
(15) percent using the formula: Required setback depth
(feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum
total area. Figure 4.
Figure 4. Deck Encroachment
(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 requirements in Sections 18-
590 and 18-591.
(c) Private roads must be designed as follows:
(1) To take advantage of natural vegetation and topography so that they are
not readily visible;
(2) Comply with structure setback requirements according to Section 18-
587(c).
(d) Private access paths must be no more than four (4) feet wide if placed within the
bluff impact zone.
10
(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 18-587,
unless exempt;
(3) Be consistent with the vegetation management standards and the land
alteration and stormwater management standards including use of
practices identified in Best Practices for Meeting Minnesota Department
of Natural Resources 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
(3) Chemical control of vegetation must be avoided when practicable, but
when chemical control is necessary, chemicals used must be in
accordance with the regulations and other requirements of all state and
11
(d) Public utilities. Public utilities must comply with the following standards:
(1) High-voltage transmission lines, wind energy conversion systems greater
than 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 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, according to Section 18-586(b)(1).
(e) Public transportation facilities. Public transportation facilities shall comply with
structure placement and height standards in Section 18-587. 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.
(f) Public recreational facilities. Public recreational facilities must comply with the
following standards:
(1) Buildings and parking associated with pubic recreational facilities must
comply with the structure placement and height standards in Section 18-
587, unless exempt.
(2) Roads and driveways associated with public recreational facilities must
not be placed in the bluff impact zone unless no other placement
alternative exists. If no alternative exists, then design and construction
must minimize impacts to erodible soils and slopes and other sensitive
resources.
(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 impact zones if design, construction,
and maintenance methods are consistent with the best management
practice guidelines in the Minnesota Department of Natural Resources
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:
12
(a) Visibility from the river;
(b) Visual impacts on public river corridor views; and
(c) Disturbance to and fragmentation of primary conservation
areas.
(g) Public signs and kiosks for interpretive or directional purposes are allowed in the
bluff impact zone, 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.
(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 stability of bluffs and steep slopes and ensure
stability of other erosion-prone areas.
(b) Applicability. This section applies to:
(1) Areas within wetland buffers required in the wetland ordinance;
(2) Natural drainage routes;
(2) Bluff impact zones;
(3) Areas of native plant communities; and
(4) Significant existing vegetative 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
Section 18-589(c);
(4) Selective vegetation removal, provided that vegetative cover remains
consistent with the management purpose of the MRCCA District,
including removal of:
(a) Vegetation that is dead, diseased, dying, or hazardous;
(b) Vegetation to prevent the spread of diseases or insect pests;
(c) Individual trees and shrubs; and
(d) Invasive non-native species.
13
(d) Activities allowed with a vegetation permit:
(1) Clearing of vegetation that is dead, diseased, dying, or hazardous;
(2) Clearing to prevent the spread of diseases or insect pests;
(3) Clearing to remove invasive non-native species.
(4) Clearing to prepare for restoration and erosion control management
activities consistent with a plan approved by the City.
(5) The minimum necessary for development that is allowed with a building
permit or as an exemption.
(e) General Performance Standards. The following standards must be met, in
addition to a restoration plan under Section 18-590, in order to approve a
vegetation permit:
(1) Development is sited to minimize removal of or disturbance to natural
vegetation;
(2) Soil, slope stability, and hydrologic conditions are suitable for the
proposed work as determined by the Public Works Director.
(3) 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;
(4) Vegetation removal activities are conducted so as to expose the smallest
practical area of soil to erosion for the least possible time, and to avoid
bird migration and nesting seasons; and
(5) Any other condition determined necessary to achieve the purpose of this
section.
(f) Prohibited activities. All other intensive vegetation clearing is prohibited.
(g) Vegetation restoration plan.
(1) Development of a vegetation restoration plan and reestablishment of
natural vegetation is required:
(a) For any vegetation removed with a permit under Section 18-
590(d);
(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 18-592.
(h) Restoration Plan Performance Standards. The vegetation restoration plan must
satisfy the application submittal requirements in Section 18-584(d), and:
14
(1) Vegetation must be restored in one or more of the following restoration
priority areas:
(a) Stabilization of erodible soils. Areas with soils showing signs of
erosion, especially on or near the top and bottom of steep slopes
and bluffs;
(b) Other approved priority opportunity areas, including priorities
identified in the MRCCA plan, if none of the above exist.
(c) 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 the Minnesota
Board of Soils and Water Resources Native Vegetation
Establishment and Enhancement Guidelines;
(d) Any highly erodible soils disturbed during removal and/or
restoration must be stabilized with deep-rooted vegetation with a
high stem density;
(e) Vegetation removed must be restored with natural 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;
(f) 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;
(g) Be prepared by a qualified individual; and
(h) Include a maintenance plan that includes management provisions
for controlling invasive species and replacement of plant loss for
three years.
(2) A certificate of compliance will be issued after the vegetation restoration
plan requirements have been satisfied.
(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, and other areas prone to erosion.
(b) Land alteration.
15
(1) Within the bluff impact zone, land alteration is prohibited, except for the
following, which are allowed by permit.
(a) Erosion control consistent with a plan approved by the local
government or resource agency;
(b) The minimum necessary for development that is allowed as an
exception; and
(c) Repair and maintenance of existing buildings and facilities.
(d) Stormwater management.
(2) In the bluff impact zone, stormwater management facilities are prohibited,
except by permit if:
(a) There are no alternatives for stormwater 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;
(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.
(3) In all other areas, stormwater runoff must be directed away from the bluff
impact zones or unstable areas.
(c) Conditions of land alteration permit approval.
(1) Temporary and permanent erosion and sediment control measures retain
sediment onsite consistent with best management practices in the
Minnesota Pollution Control Agency Stormwater Manual;
(2) Natural site topography, 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
18-590; and
16
(7) Best management practices for protecting and enhancing ecological and
water resources identified in Best Practices for Meeting Minnesota
Department of Natural Resources General Public Waters Work Permit GP
2004-0001.
(d) Compliance with other plans and programs. All development must:
(1) Be consistent with Minnesota Statutes, chapter 103B, and local water
management plans completed under 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
(a) Purpose.
(1) To protect and enhance the natural and scenic values of the MRCCA
during development or redevelopment of the remaining large sites.
(2) To establish standards for protecting and restoring biological and
ecological functions of primary conservation areas on large sites; and
(3) To encourage restoration of natural 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 20 or more acres, 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 three or fewer lots;
(b) Minor boundary line corrections;
(c) Resolutions of encroachments;
17
(d) Additions to existing lots of record;
(e) Placement of essential services; and
(c) Application materials. Project information listed in Section 18-592(c) must be
submitted for all proposed developments.
(d) Design standards:
(1) Fifty (50) percent of the total parcel area must be set aside and
designated as a primary conservation area.
(2) If primary conservation areas exist but do 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 18-590.
(3) 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
18-590 and the area must be set aside and designated as protected open
space.
(4) Stormwater treatment areas or other green infrastructure may be used to
meet the protected open space requirements if the vegetation provides
biological and ecological functions.
(5) Land dedicated as City or County open space for public parks, or other
open space or public facilities may be counted toward the protected open
space requirement.
(6) 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.
(7) Permanent protection of designated open space.
(a) Designated open space areas must be protected through one or
more of the following methods:
(1) Public acquisition by a government entity for conservation
purposes;
(2) A permanent conservation easement, as provided in
Minnesota Statutes, chapter 84C;
(3) A deed restriction; and
18
(4) 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.
(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 116G.15 Subd. 4.
(b) Applicability.
(1) Uses and activities not specifically exempted must comply with this
section. Uses and activities exempted under the bluff impact zone must
comply with the vegetation management and land alteration standards in
Sections 18-590 and 18-591.
(2) Uses and activities in Section 18-593(c) are categorized as:
(b) Exempt if no alternative - (E). This means that the use or activity is
allowed only if no alternatives exist; and
(c) Not exempt - N. This means that a use or activity is not exempt
and must meet the standards of this ordinance.
(c) Use and activity exemptions classification.
(1) General uses and activities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Chimneys, church spires, N E N
flag poles, public
monuments
Historic properties and E E E Exemptions do not
contributing properties in apply to additions or
historic districts site alterations
19
(2) Private facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Access paths E N E Section 18-588(d)
Decks E N N Section 18-587(c)(2)(c)
(3) Public facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Electrical power facilities E E N Section 18-589
Wireless communication N E N Section 18-586(1)
towers
Bridges and bridge E E (E) Section 18-589
approach roadways
Essential services (other E E (E) Section 18-589
than stormwater facilities)
Stormwater facilities E N (E) Section 18-591
Public transportation E N (E) Section 18-589
facilities
(4) Public recreational facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Monuments, flagpoles, and E E N Section 18-589
similar park features
Picnic shelters and other E N N Section 18-589
open-sided structures
Parking lots (E) N N Section 18-589
Roads and driveways (E) N (E) Section 18-589
Natural-surfaced trails, E N E Section 18-589
access paths, and viewing
areas
Hard-surfaced trails and E N (E) Section 18-589
viewing platforms
20
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Public signs and kiosks for E N (E) Section 18-589
interpretive or directional
purposes
21
Attachment 3
Maplewood Draft Slopes and Bluffs Ordinance Amendments
DIVISION 7.AND BLUFFS
Sec. 18-461. - Definitions.
Biological and ecological functions means 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 slope that rises at least twenty five (25) feet
where the grade of the slope averages eighteen (18) percent slope from the toe of the slope to
the top of the slope. Where the slope begins below the ordinary high water level is the toe of
the slope. See Figure 1.
Figure 1. Bluff.
Bluff impact zone means land located within 20 feet of the top or bottom of the bluff.
Figure 2. Bluff Impact Zone.
Bluffline means a line delineating the top of the bluff.
Bluff, Toe of means a line along the bottom of a bluff, requiring field verification, such that the
slope above the line exceeds 18 percent and the slope below the line is 18 percent or less,
measured over a horizontal distance of 25 feet. See Figure 1.
1
Bluff, Top of means a line along the top of a bluff, requiring field verification, such that the slope
below the line exceeds 18 percent and the slope above the line is 18 percent or less, measured
over a horizontal distance of 25 feet. See Figures 1.
Erosion means the general process by which soils are removed by flowing surface or
subsurface water or wind.
Erosion control plan means a document that, when implemented, will decrease soil erosion on a
parcel of land being developed, as well as off-site sediment damages.
Essential services means public utilities including underground or overhead gas, electrical,
communications, water distribution, or stormwater management facilities.
Gross soil loss means the average annual total amount of soil material carried from one acre of
land by erosion.
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.
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.
Native plant community means a community identified by the Minnesota Biological Survey or
biological survey issued or adopted by a local, state, or federal agency.
Natural vegetation means any combination of ground cover, understory, and tree canopy that,
while it may have been altered by human activity, continues to stabilize soils, retain and filter
runoff, provide habitat, and recharge groundwater.
Vegetation means any combination of ground cover, understory, and tree canopy that, while it
may have been altered by human activity, continues to stabilize soils, retain and filter runoff,
provide habitat, and recharge groundwater.
Retaining wall means a vertical or nearly vertical structure constructed of mortar and rubble
masonry, rock, or stone regardless of size, vertical structures constructed of mortar and rubble
masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with
piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. to
hold back soil/earth.
Sediment means suspended matter carried by water, sewage or other liquids that can be
deposited in a new location.
Selective vegetation removal means 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.
2
Setback means a separation distance measured horizontally.
Steep slope means a natural topographic feature with an average slope of twelve (12) to
eighteen (18) percent, measured over a horizontal distance equal to or greater than fifty (50)
feet, and any slope greater than eighteen (18) percent that are not bluffs..
Stormwater management facilities are facilities for the collection, conveyance, treatment, or
disposal of stormwater.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer,
solid waste, gas or similar service operations.
Water body means any lake, stream, pond, wetland or river.
Wetland is the meaning given under Minnesota Statutes, section 103G.005.
Sec. 18-461. - Findings and purpose.
The city desires to protect steep slopes to minimize erosion, protect habitat, and reduce stress
on natural water systems by preserving steep slopes in a natural, vegetated state.
The purpose of this ordinance is to establish steep slope preservation and protection regulations
to assure the city:
(a) Maintain slope stability.
(b) Protect downstream waterbodies from sedimentation.
(c) Preserve native plant and wildlife communities.
(d) Preserve natural topography.
(e) Maintain existing drainage patterns.
(f) Preserve historical and scenic significance.
Sec. 18-462. - Structure and impervious surface placement.
(a) Structures and impervious surfaces must not be placed in the bluff impact zones
unless identified as an exemption.
(b) Setbacks:
(1) Bluffline:
a. Accessory structures, decks, and facilities must maintain a 100-
foot setback to a bluff line unless exempt.
b. Principal structures must maintain:
3
1. 100-foot setback to a bluffline; or
2. An average setback of the adjoining lot. Where principal
structures exist on the adjoining lots on both sides of a
proposed building site on a bluffline, the minimum setback
may be altered to conform to the average of the adjoining
setbacks, if the new structure's scale and bulk bluff ward of
the setbacks are consistent with adjoining development.
c. Exemptions to the bluffline setback are outlined in the MRCCA
ordinance at section 18-593.
(2) Steep Slope:
a. Principal and accessory structures, decks, and facilities must
maintain a 40-foot setback to a steep slope unless exempt.
b. Exemptions to the steep slope setback:
1. Public recreation facilities.
2. Scenic overlooks.
3. Public observation platforms.
4. Public trail systems.
(a) Land alteration is prohibited on steep slopes, except for the following, which are
allowed by permit.
(1) Erosion control consistent with an erosion control plan approved by the
local government.
(2) Essential services with an erosion control plan approved by the local
government.
(3) Retaining walls with an erosion control plan approved by the local
government.
(4) Repair and maintenance of existing buildings and facilities with an erosion
control plan approved by the local government.
(4) Vegetation management according to the standards in Section 18-464.
(b) Stormwater runoff must be directed away from steep slopes.
Sec. 18-464. - Vegetation Management
(a) Intensive vegetation clearing is prohibited on steep slopes.
(b) Selective vegetation clearing is permitted on steep slopes with a permit.
(c) Vegetation Restoration Plan:
4
(1) Development of a vegetation restoration plan and reestablishment of
natural vegetation is required for:
a. Any vegetation removed as part of a permitted land alteration.
b. Areas with soils showing signs of erosion, especially on or near
the top and bottom of steep slopes.
(2) Vegetation restoration plan shall:
a. Include restoration with native vegetation to the greatest extent
practicable.
b. Be restored to an area (square feet) similar to that removed to the
greatest extent practicable.
c. Be restored with vegetation that provides biological and ecological
function equivalent to any native plant community vegetation
removed.
d. Be prepared by a qualified individual.
e. Include a maintenance plan that includes management provisions
for controlling invasive species and replacement of plant loss for
three years.
f. Require a certificate of compliance by the City after the vegetation
restoration plan requirements have been satisfied.
Sec. 18-465. - Erosion control and soils.
(a) The following erosion control and soil standards apply to all land alteration:
(1) All erosion control, stormwater runoff, and essential service shall be
designed to be maintained and operated without requiring the crossing or
operation of heavy maintenance vehicles and equipment, such as
bulldozers, trucks and backhoes, on steep slopes. This requirement may
be waived by the city council where there is no other alternative.
(2) Construction shall not be allowed where there are soil problems,
including, but not limited to, soil-bearing strength, shrink/swell potential or
excessive frost movement unless effective soil correction measures or
building construction methods are approved by the building official.
(3) Development shall be accomplished only in such a manner that on-site
gross soil loss levels shall not exceed five tons per acre per year during
construction, but only two tons per acre per year when the site is adjacent
to a water body or storm sewer inlet, and one-half ton per acre per year
after construction activities are completed.
(4) Erosion protection measures shall make maximum use of existing
vegetation, rather than the placing of new vegetation on the site.
5
Attachment 4
Maplewood Draft MRCCA Ordinance Amendments
Commented \[PD(1\]: Pleaseadddefinitionsforthe
followingtermsincludedinthisdraft,unlesstheyare
includedelsewhereinyourzoningcode:
(Section2.612ofmodel)
DIVISION 8. - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
andecologicalfunctions?(Sec.2.615)
(Sec.2.621)
Sec. 18-581. - Definitions.
of(Sec.2.623)
(Sec2.624)
Accessory structure means a structure that is accessory to and separate from the principal
(Sec.2.625)
structure. (Sec.2.631)
tricpower(Sec.2.633)
(Sec.2.634)
Bluff means a natural topographic feature having a slope that rises at least twenty five (25) feet
(Sec.2.636)
where the grade of the slope averages eighteen (18) percent or greater, measured over any
(Sec2.637)
horizontal distance of 25 feet, from the toe of the slope to the top of the slope. Where the slope
surface(Sec.2.638)
begins below the ordinary high water level, the ordinary high water level is the toe of the slope.
(Sec.2.642)
See Figure 1.
(Sec.2.643)
(Sec.2.645)
(Sec.2.646)
Plant(Sec.2.651)
surface(Sec.2.652)
(Sec.2.653)
highwater(Sec.2.657)
(Sec.2.658)
(Sec.2.659)
(Sec.2.661)
unit(Sec.2.662)
(Sec.2.663)
transportation(Sec.2.671)
(Sec.2.672)
(Sec.2.674)
Figure 1. Bluff
(Sec.2.675)
vegetation(Sec.2.680)
Bluff impact zone (BIZ) means a bluff and land located within twenty (20) feet of the top or (Sec.2.681)
(Sec.2.687)
bottom of the bluff. See Figure 2.
(Sec.2.691)
qualityimpact(Sec.2.694)
(Sec.2.695)
Figure 2. Bluff Impact Zone
... \[1\]
Bluff, Toe of means a line along the bottom of a bluff, requiring field verification, such that the
Commented \[PD(2\]: SuggestyouuseFig3fromthe
slope above the line exceeds eighteen (18) percent and the slope below the line is eighteen (18)
model.IthinkMaplewoodhasanyescarpmentsor
percent or less, measured over a horizontal distance of twenty five (25) feet.
cliffs,right?leftthatpartofthebluffdefinitionout
oftheordinance.Thefigureusedherereferstothattypeof
bluff.
1
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.
Bluff Line means a line delineating the top of the bluff. More than one bluffline may be
encountered proceeding landward from the river.
Deck is a horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached to a principal structure.
Impervious surface means a constructed hard surface that prevents 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.
Intensive vegetation clearing means the removal of all or a majority of the trees or shrubs in a
contiguous patch, strip, row, or block.
Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor
Boundary.
Mississippi River Corridor Critical Area (MRCCA) Plan is a chapter in the Maplewood
comprehensive plan.
Nonconformity has the meaning given under Minnesota Statutes, section 394.22.
Off-premise advertising signs means a sign that directs attention to a product, service, business,
or entertainment venue that is not exclusively related to the premises where the sign is located.
Primary conservation areas (PCAs) means key resources and features, including bluff impact
zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage
routes, 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.
Principal structure means the house and attached garage.
Private facilities means private roads, driveways, parking areas, decks, accessory structures,
and private signs.
Public facilities means public utilities, public transportation facilities, and public recreational
facilities.
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
plan/chapter of the comprehensive plan.
Public waters has the meaning given under Minnesota Statutes, section 103G.005.
River corridor boundary is the boundary approved and adopted by the Metropolitan Council
under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in
2
Minnesota Statutes, section 116G.15, and as legally described in the State Register, volume 43,
pages 508 to 518.
Steep slope means a natural topographic feature with an average slope of twelve (12) to
eighteen (18) percent, measured over a horizontal distance equal to or greater than 50 feet, and
any slope greater than eighteen (18) percent, measured over a horizontal distance equal to or
greater than 50 feet, that are not bluffs.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water in the form
of natural precipitation and resulting from such precipitation.
Stormwater management facilities are 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.
Vegetation Permit means a grading or separate permit issued by the City of Maplewood to allow
intensive vegetation clearing.
Sec. 18-582. - 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.
Sec. 18-583. - Generally.
Commented \[PD(3\]: WhereisStatutoryAuthorization?
(Sec.1.1)
(a) Jurisdiction. The provisions of this section apply to land within the river corridor
boundary as described in the State Register, volume 43, and pages 508 to 519
and shown on the Maplewood zoning map as the MRCCA overlay district.
(b) Enforcement. The City Manager or his or her designee is responsible for the
administration and enforcement of this section. 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 section can occur regardless of whether or not a permit is required for a
regulated activity.
(c) Severability. If any section, clause, provision, or portion of this section is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this section shall not be affected thereby.
(d) Abrogation and Greater Restrictions. It is not intended by this section to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this section imposes greater restrictions, the provisions of this
section shall prevail. All other sections or ordinances inconsistent with this
section are hereby repealed to the extent of the inconsistency only.
3
(e) Underlying Zoning. Uses and standards of underlying zoning districts apply
except where standards of this overlay district are more restrictive.
(a) Permits. A permit is required for the construction of buildings or building
additions (including construction of decks and signs), the installation and/or
alteration of sewage treatment systems, intensive vegetation removal, and land
alterations.
(b) Variances. Variances to the requirements under this section may only be
granted in accordance with Minnesota Statutes, Section 462.357 and must
consider the potential impacts of variances on primary conservation areas, public
river corridor views, and other resources identified in the MRCCA plan. In
reviewing the variance application, the City Council 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
(2) Make written findings that the variance is consistent with the purpose of
this section as follows:
(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 PRCVs nor will it
contribute to negative incremental impacts to PCAs and PRCVs
when considered in the context of past, present and reasonable
future actions; and
Commented \[PD(4\]: sureifyouhadplannedto
addSec.3.32D.Ifnot,deletethis
(c) Conditional use permits. All conditional uses required under this section must
comply with Minnesota Statutes, section 462.3595 and must consider the
potential impacts on PCAs, PRCVs, and other resources identified in the MRCCA
plan. In reviewing the application, the City Council 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; and
(2) Make written findings that the conditional use is consistent with the
purpose of this section as follows.
(a) The extent, location and intensity of the conditional use will be in
substantial compliance with the MRCCA Plan;
(b) The conditional use is consistent with the character and
management purpose of the MRCCA district in which it is located;
4
(c) The conditional use will not be detrimental to PCAs and PRCVs
nor will it contribute to negative incremental impacts to PCAs and
PRCVs when considered in the context of past, present and
reasonable future actions; and
Commented \[PD(5\]: Samecommentsasabove.
(3) Conditions of Approval. The City Council 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:
(b) Preservation of existing vegetation;
(c) Stormwater runoff management;
(d) Reducing impervious surface;
(e) Increasing structure setbacks;
(f) Wetland and drainage route restoration and/or preservation;
(g) Limiting the height of structures;
(h) Modifying structure design to limit visual impacts on PRCVs; and
(i) Other conservation measures.
(d) Application materials. Applications for permits and discretionary actions required
under this section must submit the following information unless the City Manager
or his or her designee determines that the information is not needed.
(1) A detailed project description; and
(2) Scaled maps and plans, dimensional renderings, maintenance
agreements, and other materials that identify and describe:
(a) Primary conservation areas;
(b) Public river corridor views;
(c) Buildable area;
(d) Existing and proposed topography and drainage patterns;
(e) Proposed stormwater and erosion and sediment control practices;
(f) Existing and proposed vegetation to be removed and established;
5
(g) Ordinary high water level, bluff lines, and all required setbacks;
(h) Existing and proposed structures;
(i) Existing and proposed impervious surfaces; and
(j) Existing and proposed subsurface sewage treatment systems.
(e) Nonconformities.
(1) All legally established nonconformities as of the date of this ordinance
may continue consistent with Minnesota Statutes, Section 462.357 Subd.
1e.
(2) New structures erected in conformance with the setback averaging
provisions 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, stormwater control
measures, and other nonstructural site improvements.
(4) Legally nonconforming principal structures and decks that do not meet
Commented \[PD(6\]: Whatisreasonforaddingdecksto
the setback requirements may be expanded laterally provided that:
thisprovision?
(a) The expansion does not extend into the bluff impact zone or
further into the required setback than the building line of the
existing principal structure; and
the original structure and existing surrounding development.
(f) Notifications.
(1) Amendments to this section and to the MRCCA plan must be submitted to
the Commissioner as provided in Minnesota Rules, part 6106.0070,
(2) Notice of public hearings for discretionary actions, including 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 thirty (30) ten (10) days prior to the hearing:
(a) The Commissioner in a format prescribed by the Minnesota
Department of Natural Resources;
(b) National Park Service; and
(c) Where building heights exceed the height limits as part of the
conditional use or variance process, adjoining local governments
6
within the MRCCA, including those with overlapping jurisdiction
and those across the river.
(3) Notice of final decisions for actions, including findings of fact, must be
sent to the Commissioner, the National Park Service, and adjoining local
governments within the MRCCA within ten (10) days of the final decision.
(4) Requests to amend district boundaries must follow the provisions in
Minnesota Rules, part 6106.0100, Subp. 9, Item C.
(5) The Minnesota Department of Natural Resources will be notified at time
of application submittal of master plans, Planned Unit Developments, and
preliminary and final plats.
(g) Accommodating disabilities. Reasonable accommodations for ramps or other
facilities to provide persons with disabilities access to the person's property, as
required by the federal Americans with Disabilities Act and the federal Fair
Housing Act and as provided by Minnesota Rules, chapter 1341.
Commented \[PD(7\]: Whatabouttheremainingpartsto
thisprovisions?Sec.3.91and3.92.
Sec. 18-585. - MRCCA District
(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
consistent with the natural and built
character of each district.
(b) District description and management purpose. The MRCCA in the City is
classified as Rural and Open Space (ROS).
(c) 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.
(d) 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.
(e) MRCCA district map. The locations and boundaries of the MRCCA district
established by this section is shown on the Maplewood zoning map as the
MRCCA overlay district 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 unsubdivided
property, the district boundary line is determined by use of dimensions or the
scale appearing on the map.
7
(a) Purpose. To identify development standards and considerations for land uses
that have the 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:
(1) Wireless communication towers. Wireless communication towers require
a conditional use permit per Maplewood City Code, Article XI
(Commercial Use Antennas and Towers) 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 meet structure setbacks as outlined in 18-
587(c)(2); and
(c) Placement of the tower must minimize impacts on public river
corridor views.
(d) Comply with the general design standards in Section 18-589.
(a) Purpose. 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.
(1) Structures and facilities are limited to thirty five (35) feet in height or lower
unless identified as exempt.
(2) In addition to the variance requirements, criteria for considering whether
to grant a variance 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
setbacks;
(c) Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
(d) Placing the long axis of the building perpendicular to the
Formatted: Indent: Left: 2"
river;
Formatted: Indent: Left: 1"
8
(e) Stepping back of portions of the facade;
Formatted: Indent: Left: 2"
Formatted: Indent: Left: 1"
(f) Lowering the roof pitch or use of a flat roof;
Formatted: Indent: Left: 2"
(g) Using building materials or mitigation techniques that will
Formatted: Indent: Left: 1"
blend in with the natural surroundings such as green roofs,
Formatted: Indent: Left: 2"
green walls, or other green and brown building materials;
Formatted: Indent: Left: 1"
(h) Narrowing the profile of upper floors of the building; or
Formatted: Indent: Left: 2"
Formatted: Indent: Left: 1"
(i) Increasing the setbacks of the building from the blufflines;
Formatted: Indent: Left: 2"
(j) Identification of techniques for preservation of those view corridors
identified in the MRCCA Plan; and
(k) Opportunities for creation or enhancement of public river corridor
views.
(c) Structure and impervious surface placement.
(1) Impervious surfaces must not be placed in the bluff impact zones.
(2) Principal and accessory structures:
(a) Must not be placed in the bluff impact zones.
(b) Must maintain:
(1) a 100-foot setback to a bluff line; or
(2) an average setback of the adjoining lots. 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 bluff ward of
the setbacks are consistent with adjoining development.
See Figure 3.
Figure 3. Structure Setback Averaging
9
(c) Accessory structures under two hundred (200) square feet and
Commented \[PD(8\]: Inthemodelthesearelistedunder
decks may encroach into the required setbacks outlined in 15-privatefacilities.Woulditmakesensetonestthese
provisionsunderthisdocumentsection18588?
587(c)(2)(a) and (b) without a variance provided that the:
Commented \[PD(9\]: Whataboutpatios?
(1) Encroachment does not exceed fifteen (15) percent of the
required structure setback;
(2) Area of the deck that extends into the required setback
Commented \[PD(10\]: Whataboutprovision7.53?
area occupies no more than twenty five (25) percent of the
total area between the required setback and the fifteen
(15) percent using the formula: Required setback depth
(feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum
total area. Figure 4.
Figure 4. Deck Encroachment
(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 requirements in Sections 18-
590 and 18-591.
(c) Private roads must be designed as follows:
(1) To take advantage of natural vegetation and topography so that they are
not readily visible;
(2) Comply with structure setback requirements according to Section 18-
Commented \[PD(11\]: Whataboutprovisionsec.7.33?
587(c).
(d) Private access paths must be no more than four (4) feet wide if placed within
the bluff impact zone.
10
(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 18-587,
unless exempt;
(3) Be consistent with the vegetation management standards and the land
alteration and stormwater management standards including use of
practices identified in Best Practices for Meeting Minnesota Department
of Natural Resources 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
(3) Chemical control of vegetation must be avoided when practicable, but
when chemical control is necessary, chemicals used must be in
accordance with the regulations and other requirements of all state and
federal agencies with authorit
(d) Public utilities. Public utilities must comply with the following standards:
(1) High-voltage transmission lines, wind energy conversion systems greater
than 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 visibility of the facility from the river and follow other existing
right-of-ways as much as practicable.
11
(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, according to Section 18-586(b)(1).
(e) Public transportation facilities. Public transportation facilities shall comply with
structure placement and height standards in Section 18-587. 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.
(f) Public recreational facilities. Public recreational facilities must comply with the
following standards:
(1) Buildings and parking associated with pubic recreational facilities must
comply with the structure placement and height standards in Section 18-
587, unless exempt.
(2) Roads and driveways associated with public recreational facilities must
not be placed in the bluff impact zone unless no other placement
alternative exists. If no alternative exists, then design and construction
must minimize impacts to erodible soils and slopes and other sensitive
resources.
(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 impact zones if design, construction,
and maintenance methods are consistent with the best management
practice guidelines in the Minnesota Department of Natural Resources
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:
(a) Visibility from the river;
(b) Visual impacts on public river corridor views; and
(c) Disturbance to and fragmentation of primary conservation
areas.
(g) Public signs and kiosks for interpretive or directional purposes are allowed in the
bluff impact zone, 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.
(a) Purpose. To establish standards that sustain and enhance the biological and
ecological functions of vegetation; preserve the natural character and topography
12
of the MRCCA; and maintain stability of bluffs and steep slopes and ensure
stability of other erosion-prone areas.
(b) Applicability. This section applies to:
(1) Areas within wetland buffers required in the wetland ordinance;
Commented \[PD(12\]: Arewetlandbuffers50feetfrom
delineatedwetlands?
(2) Natural drainage routes;
Commented \[PD(13\]: Thisshouldbeareaswithin50feet
(2) Bluff impact zones;
ofnaturaldrainageroutes.
(3) Areas of native plant communities; and
(4) Significant existing vegetative 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
Section 18-589(c);
(4) Selective vegetation removal, provided that vegetative cover remains
consistent with the management purpose of the MRCCA District,
including removal of:
(a) Vegetation that is dead, diseased, dying, or hazardous;
(b) Vegetation to prevent the spread of diseases or insect pests;
(c) Individual trees and shrubs; and
(d) Invasive non-native species.
(d) Activities allowed with a vegetation permit:
(1) Clearing of vegetation that is dead, diseased, dying, or hazardous;
(2) Clearing to prevent the spread of diseases or insect pests;
(3) Clearing to remove invasive non-native species.
(4) Clearing to prepare for restoration and erosion control management
activities consistent with a plan approved by the City.
(5) The minimum necessary for development that is allowed with a building
permit or as an exemption.
(e) General Performance Standards. The following standards must be met, in
addition to a restoration plan under Section 18-590, in order to approve a
vegetation permit:
(1) Development is sited to minimize removal of or disturbance to natural
vegetation;
(2) Soil, slope stability, and hydrologic conditions are suitable for the
proposed work as determined by the Public Works Director.
(3) 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;
13
(4) Vegetation removal activities are conducted so as to expose the smallest
practical area of soil to erosion for the least possible time, and to avoid
bird migration and nesting seasons; and
(5) Any other condition determined necessary to achieve the purpose of this
section.
(f) Prohibited activities. All other intensive vegetation clearing is prohibited.
(g) Vegetation restoration plan.
(1) Development of a vegetation restoration plan and reestablishment of
natural vegetation is required:
(a) For any vegetation removed with a permit under Section 18-
590(d);
(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 18-592.
(h) Restoration Plan Performance Standards. The vegetation restoration plan must
satisfy the application submittal requirements in Section 18-584(d), and:
(1) Vegetation must be restored in one or more of the following restoration
priority areas:
(a) Stabilization of erodible soils. Areas with soils showing signs of
erosion, especially on or near the top and bottom of steep slopes
and bluffs;
(b) Other approved priority opportunity areas, including priorities
identified in the MRCCA plan, if none of the above exist.
(c) 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 the Minnesota
Board of Soils and Water Resources Native Vegetation
Establishment and Enhancement Guidelines;
(d) Any highly erodible soils disturbed during removal and/or
restoration must be stabilized with deep-rooted vegetation with a
high stem density;
(e) Vegetation removed must be restored with natural 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;
(f) 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;
(g) Be prepared by a qualified individual; and
14
(h) Include a maintenance plan that includes management provisions
Commented \[PD(14\]: Thesearenotpriorityareas,just
for controlling invasive species and replacement of plant loss for restorationplanperformancestandards.Theyshouldstart
withnumber(2).
three years.
(2) A certificate of compliance will be issued after the vegetation restoration
plan requirements have been satisfied.
(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, and other areas prone to erosion.
(b) Land alteration.
Commented \[PD(15\]: Whataboutprovisionsec.10.22?
Thewaterqualityimpactzoneincludesareaswithin50feet
(1) Within the bluff impact zone, land alteration is prohibited, except for the
ofanaturaldrainagearea.
following, which are allowed by permit.
Whataboutretainingwallswithinthebluffimpactzoneor
(a) Erosion control consistent with a plan approved by the local
within50feetofanaturaldrainagearea?SeeSec.10.32B
government or resource agency;
C.
(b) The minimum necessary for development that is allowed as an
Whataboutdevelopmentonsteepslopes?SeeSec.10.5.
exception; and
(c) Repair and maintenance of existing buildings and facilities.
(d) Stormwater management.
Commented \[PD(16\]: Suggestdeletingthisitis
contrarytothenextprovision,oratleastpotentially
(2) In the bluff impact zone, stormwater management facilities are prohibited,
confusing.
except by permit if:
(a) There are no alternatives for stormwater 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;
(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.
(3) In all other areas, stormwater runoff must be directed away from the bluff
Commented \[PD(17\]: Whataboutprovisionsec.10.42?
impact zones or unstable areas.
Thewaterqualityimpactzoneincludesareaswithin60feet
ofnaturaldrainageareas.
(c) Conditions of land alteration permit approval.
(1) Temporary and permanent erosion and sediment control measures retain
sediment onsite consistent with best management practices in the
Minnesota Pollution Control Agency Stormwater Manual;
(2) Natural site topography, soil, and vegetation conditions are used to
control runoff and reduce erosion and sedimentation;
(3) Construction activity is phased when possible;
15
(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
18-590; and
(7) Best management practices for protecting and enhancing ecological and
water resources identified in Best Practices for Meeting Minnesota
Department of Natural Resources General Public Waters Work Permit GP
2004-0001.
(d) Compliance with other plans and programs. All development must:
(1) Be consistent with Minnesota Statutes, chapter 103B, and local water
management plans completed under 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
(a) Purpose.
(1) To protect and enhance the natural and scenic values of the MRCCA
during development or redevelopment of the remaining large sites.
(2) To establish standards for protecting and restoring biological and
ecological functions of primary conservation areas on large sites; and
(3) To encourage restoration of natural 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 20 or more acres, 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 three or fewer lots;
(b) Minor boundary line corrections;
(c) Resolutions of encroachments;
16
(d) Additions to existing lots of record;
(e) Placement of essential services; and
(c) Application materials. Project information listed in Section 18-592(c) must be
submitted for all proposed developments.
(d) Design standards:
(1) Fifty (50) percent of the total parcel area must be set aside and
designated as a primary conservation area.
(2) If primary conservation areas exist but do 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 18-590.
(3) 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
18-590 and the area must be set aside and designated as protected open
space.
(4) Stormwater treatment areas or other green infrastructure may be used to
meet the protected open space requirements if the vegetation provides
biological and ecological functions.
(5) Land dedicated as City or County open space for public parks, or other
open space or public facilities may be counted toward the protected open
space requirement.
(6) 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.
(7) Permanent protection of designated open space.
(a) Designated open space areas must be protected through one or
more of the following methods:
(1) Public acquisition by a government entity for conservation
purposes;
(2) A permanent conservation easement, as provided in
Minnesota Statutes, chapter 84C;
(3) A deed restriction; and
(4) 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.
17
(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 116G.15 Subd. 4.
(b) Applicability.
(1) Uses and activities not specifically exempted must comply with this
section. Uses and activities exempted under the bluff impact zone must
comply with the vegetation management and land alteration standards in
Sections 18-590 and 18-591.
(2) Uses and activities in Section 18-593(c) are categorized as:
(b) Exempt if no alternative - (E). This means that the use or activity is
allowed only if no alternatives exist; and
(c) Not exempt - N. This means that a use or activity is not exempt
and must meet the standards of this ordinance.
(c) Use and activity exemptions classification.
(1) General uses and activities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Chimneys, church spires, N E N
flag poles, public
monuments
Historic properties and E E E Exemptions do not
contributing properties in apply to additions or
historic districts site alterations
(2) Private facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Access paths E N E Section 18-588(d)
Decks E N N Section 18-587(c)(2)(c)
(3) Public facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Electrical power facilities E E N Section 18-589
18
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Wireless communication N E N Section 18-586(1)
towers
Bridges and bridge E E (E) Section 18-589
approach roadways
Essential services (other E E (E) Section 18-589
than stormwater facilities)
Stormwater facilities E N (E) Section 18-591
Public transportation E N (E) Section 18-589
facilities
(4) Public recreational facilities.
Use or Activity Set- Height BIZ Applicable standards
backs Limits with which the use or
activity must comply
Monuments, flagpoles, and E E N Section 18-589
similar park features
Picnic shelters and other E N N Section 18-589
open-sided structures
Parking lots (E) N N Section 18-589
Roads and driveways (E) N (E) Section 18-589
Natural-surfaced trails, E N E Section 18-589
access paths, and viewing
areas
Hard-surfaced trails and E N (E) Section 18-589
viewing platforms
Public signs and kiosks for E N (E) Section 18-589
interpretive or directional
purposes
19
Page 1: \[1\] Commented \[PD(1\] Daniel Petrik 8/10/2021 10:46:00 AM
Pleaseadddefinitionsforthefollowingtermsincludedinthisdraft,unlesstheyareincludedelsewhereinyour
zoningcode:
(Section2.612ofmodel)
andecologicalfunctions?(Sec.2.615)
(Sec.2.621)
of(Sec.2.623)
(Sec2.624)
(Sec.2.625)
2.631)
(Sec.
power(Sec.2.633)
(Sec.2.634)
(Sec.2.636)
(Sec2.637)
surface(Sec.2.638)
(Sec.2.642)
(Sec.2.643)
(Sec.2.645)
(Sec.2.646)
Plant(Sec.2.651)
surface(Sec.2.652)
(Sec.2.653)
highwater(Sec.2.657)
(Sec.2.658)
(Sec.2.659)
(Sec.2.661)
unit(Sec.2.662)
(Sec.2.663)
transportation(Sec.2.671)
(Sec.2.672)
(Sec.2.674)
(Sec.2.675)
vegetation(Sec.2.680)
(Sec.2.681)
(Sec.2.687)
(Sec.2.691)
qualityimpact(Sec.2.694)
(Sec.2.695)