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2022-11-30 ENR Packet
AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Wednesday, November 30, 2022 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.October 25, 2022 5.New Business a.Wetland Buffer Variance, Enclave Apartments, 3090 Southlawn Drive 6.Unfinished Business 7.Visitor Presentations 8.Commissioner Presentations 9.Staff Presentations (oral reports) a.Reschedule the January, February, and March ENR Commission Meetings Due to Holidays and Spring Break. Suggested Dates – 1)January 24, 25, 26, 30, 31 2)February 22, 23, 28 3)March 14, 16, 28, 29, 30 10.Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION TUESDAY, OCTOBER 25, 2022 7:00 P.M. 1.CALL TO ORDER Acting Chairperson Bryan called a meeting of the Environmental and Natural Resources Commission to order at 7:04 p.m. 2.ROLL CALL Emma Broadnax, CommissionerPresent Rebecca Bryan, Acting ChairpersonPresent Benjamin Guell, CommissionerPresent Mollie Miller, CommissionerPresent Ted Redmond, CommissionerAbsent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Commissioner Miller moved to approve the October 25, 2022, Environmental and Natural Resources Commission agenda. Seconded by Commissioner Broadnax Ayes – All The motion passed. 4.APPROVAL OF MINUTES a.Approval of the September 19, 2022, Environmental and Natural Resources Commission minutes. Commissioner Broadnax moved to approve the September 19, 2022, Environmental and Natural Resources Commission meeting minutes. Seconded by Commissioner Broadnax Ayes – Commissioners Broadnax, Bryan, Miller Abstain – Commissioner Guell The motion passed. 5.NEW BUSINESS a.Resolution of Appreciation for Ann Palzer 1 Environmental Planner Finwall presented the report. Ann Palzer is resigning from the Environmental and Natural Resources Commission after serving 11 years on the Commission. Commissioner Miller made a motion to recommend approval of the resolution of appreciation for Ann Palzer. Seconded by Commissioner Guell Ayes - All The motion passed. b. Wetland Conservation Act Delegation – Capitol Region Watershed District Environmental Planner Finwall presented the report. The Environmental and Natural Resources Commission had the following questions: Will the City’s wetland ordinance and wetland buffer requirements still apply to the wetlands in the Capitol Region Watershed District portion of the City? Staff indicated the City’s wetland ordinance would still apply. The City’s wetland buffers are more restrictive than Capitol Region Watershed District. Commissioner Miller made a motion to recommend approval of the Wetland Conservation Act Delegation – Capitol Region Watershed District Seconded by Commissioner Broadnax Ayes - All The motion passed. 6. UNFINISHED BUSINESS a. Climate Action Financing and Project Priorities Final Report Environmental Planner Finwall presented the report. The Climate Committee (Green Team and the Environmental and Natural Resources Commission) researched opportunities for climate project priorities within City operations to include: 1) climate mitigation plan; 2) city facility rooftop solar; 3) city fleet study; 4) electric vehicle charging stations feasibility study and install. Additionally, the Climate Committee has been researching climate-funding strategies. Staff discussed three examples including St. Louis Park, Edina, and Minneapolis who use excess budget, development fees, and franchise fees to fund climate project priorities. The Environmental and Natural Resources Commission had the following comments: The City should consider doing an RFP for electric vehicles. It might be a good idea for the Commission to set up a solar subcommittee for more technical review. 2 The option to reinvest savings from our Community Solar Garden Subscription Agreement or other savings would likely be the easiest option for climate funding if possible. Using franchise fees for climate actions seems to work in other cities. Maplewood should research how that might work in our City. The Environmental and Natural Resources Commission tabled the item for more research on climate funding strategies. Environmental Planner Finwall indicated she would meet with the Finance Department to discuss the item and bring back more detail. 7. VISITOR PRESENTATIONS None 8. COMMISSIONER PRESENTATIONS None 9. STAFF PRESENTATIONS Environmental Planner Finwall updated the Commission on the following: a. September 26, 2022, City Council Meeting – Update on Xcel Energy Natural Gas Plant Wetland Buffer Waiver: The item was approved by the City Council. b. November 14, 2022, City Council Meeting – Resolution of Appreciation for Ann Palzer and Renewable Energy Ordinance: Acting Chair Bryan agreed to present the resolution at the City Council meeting. c. November 21, 2022, Environmental and Natural Resources Meeting and Thanksgiving Holiday: Staff will send an e-mail with proposed rescheduled dates. d. Update on Environmental and Natural Resources Commission Vacancies: There are two vacancies on the Commission. The City advertised in the September Maplewood Living, and again via social media in October. Once there are applicants, the City Council will interview and appoint the two vacancies. 10. ADJOURNMENT Commissioner Guell made a motion to adjourn the meeting. Seconded by Commissioner Broadnax Ayes – All The motion passed. Acting Chair Bryan adjourned the meeting at 8:10 p.m. 3 Agenda 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date November 30, 2022 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner Elizabeth Hammond, Planner PRESENTER:Shann Finwall, AICP, Environmental Planner Elizabeth Hammond, Planner Jon Jarosch, Assistance City Engineer AGENDA ITEM: Wetland Buffer Variance, Enclave Apartments, 3090 Southlawn Drive Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Enclave Development proposes to construct a 241-unit, four-story, market-rate apartment building on the property at 3090 Southlawn Drive. To move forward with this project, the applicant requests City Council approval of a preliminary and final plat, wetland buffer variance, and design review. The Environmental and Natural Resources Commission is being asked to review the wetland buffer variance for wetland and tree impact mitigation strategies. Recommended Action: Motion to approve a resolution for a 50-foot wetland buffer variance. 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The City deemed the applicant’s application complete on October 17, 2022. The initial 60-day review deadline for a decision is December 16, 2022. As stated in Minnesota State Statute 15.99, the City is allowed to take an additional 60 days, if necessary, to complete the review. The Environmental and Natural Resources Commission reviews wetland buffer variances to rectify impacts by reviewing and making recommendations for possible repair, rehabilitation, or restoration of the wetland buffer. Background: Enclave Development proposes to construct a 241-unit, four-story, market-rate apartment building on the property at 3090 Southlawn Drive. If approved, this would be the first redevelopment project in the City’s recently created North End Zoning District (areas around the Maplewood Mall). The North End Zoning District is designed to be a local and regional economic activity center characterized by a diverse mix of sustainable land uses where people of all backgrounds can safely and easily come from near and far to gather for purposes of obtaining goods and services, wellness, work, recreation, socialization, learning, and living. The proposed building will have onsite professional property management and provide a mix of housing options, including studio, one-bedroom, two-bedroom, and three-bedroom units, all with private balconies. An underground and partially below-ground floor heated parking garage, surface parking stalls, and electric vehicle charging stations will be provided. Building amenities include two rooftop patios, community rooms, fitness and yoga rooms, a game room, a dog wash station, and an outdoor pool. The proposal also includes rooftop solar panels and a variety of landscaping improvements, including a natural pedestrian corridor for public use and enjoyment south of the proposed building. Land Use Permits To develop the project, the City must approve the preliminary plat, design review, and 50-foot wetland buffer variance. On November 15, the Community Design Review Board recommended approval of the design review with the condition that two parking spaces be removed on the interior of the site for additional green space. On November 15, the Planning Commission recommended approval of the preliminary plat. The Environmental and Natural Resources Commission are scheduled to review the wetland buffer variance during their November 30 meeting. The Final City Council review is scheduled for December 12. Design Review The building is approximately 347,314 square feet in size and meets the setback requirements outlined in the North End Zoning District. The site would be accessed off Southlawn Drive on the west side of the site. Existing sidewalks are provided along the north and west side of the property. The applicant will install a 6-foot wide bituminous trail connection (east-to-west) on the south side of the property. A second 8-foot wide bituminous trail connection (north-to-south) on the east side of the property is proposed. This trail would be temporary, but in place, until replaced by the future planned roadway. There will be 353 parking stalls, including 93 surface stalls and 260 stalls within the garage. Stormwater Management Development of the site meets and surpasses the City’s stormwater management standards, increasing greenspace (pervious areas) onsite by roughly 1.5 acres and reducing runoff volumes significantly for all storm events, including by 84 percent for the 2-year design event, 63 percent for the 10-year event, and 36 percent for the 100-year event. Likewise, pre-treatment devices have been included in the design to remove sediment upstream of infiltration practices. The proposed development should significantly improve the quality of runoff reaching the adjacent wetland. 2 Tree Impacts There are 43 trees on the site, 15 of those trees are considered significant trees, for 131.5 caliper inches of significant trees. Development of the site will include the removal of all trees, including the 15 significant trees (100 percent). When more than 20 percent of the significant trees are removed, the City’s tree replacement is based on a calculation of significant trees on the site versus the percent of significant trees removed. In this case, tree replacement is 157.8 caliper inches, or 78 – 2-caliper inch trees. The landscape plan shows 42 new trees ranging in size from 2 to 3.5 caliper inches, totaling 109 caliper inches of replacement trees. This is 48.8 caliper inches less than City code requires. The applicants must submit a revised landscape plan showing an additional 48.8 caliper inches of replacement trees, or alternatively the applicant can pay into the City’s tree fund at a rate of $60 per caliper inch of replacement tree not planted on site. The City uses the tree fund to manage trees in parks and right-of-ways and subsidizes the cost of the yearly residential tree sale. Wetland Wetland Buffer Impacts The subject property has a Manage C wetland on the south end of the parcel. The existing retaining wall adjacent to the wetland is structurally unstable and needs to be removed and replaced. The existing building, sidewalk, and surface parking on the property are currently between 3 to 11 feet from the delineated wetland edge at various points. City ordinance requires a 50-foot wetland buffer from the edge of the delineated wetland to a structure and prohibits building, grading, or other alterations within the buffer. In order to remove the existing building, sidewalk, surface parking lot, and retaining wall the applicants must grade up to the wetland, which will require a 50-foot wetland buffer variance. The new building will be constructed with an average setback of 42.9 feet to the wetland and the trail on the south side of the building will come to within 25 feet of the wetland. Wetland Buffer Mitigation Staff reviewed the original wetland buffer mitigation plan and requested additional detail. The applicant submitted new plans that addressed a majority of staff’s concerns (refer to Applicant’s Response to the November 3, 2022, Environmental Review attached). The new plans show the following wetland buffer mitigation strategies: 1. Reconstruct and lower the retaining wall (approximately 5 to 8 feet of disturbance toward the wetland); 2. Plant native trees and shrubs (from the retaining wall to the trail); 3. Plant the first 10 feet from the retaining wall toward the trail with native plugs and a mesic prairie seed mix; 4. Plant the next 5 feet from the native plant area toward the trail with just the mesic prairie seed mix; 5. Maintain a 5-foot mowed area adjacent the trail; 6. Install wetland buffer signs along the edge of the native plant area ensuring no building, grading, or mowing within the wetland buffer; and 7. Add public trail signs at the entrances to the trail on Southlawn Drive and County Road D. This will allow the public to access the trail from off site. 8. Add three benches along the trail to allow the public to sit and view the wetland. 3 The wetland buffer changes are an improvement to the initial submittal. However, staff is recommending two additional mitigation strategies: 1. Extend the native plugs and mesic prairie seed mix the full 15 feet, from the retaining wall to the 5-foot mowed strip along the sidewalk. 2. Submit detailed bench plans showing the locations, style, installation, and hard surface landscape plan to include boulders or rocks and native plants along the south side of the benches. Wetland Buffer Variance Findings City code requires the applicant establish the following for a wetland buffer variance: 1. The variance is in harmony with the general purposes and intent of the ordinance. 2. The variance is consistent with the comprehensive plan. 3. The applicant establishes practical difficulties in complying with the ordinance. Practical difficulties mean: (a) the proposed use is reasonable, (b) the need for a variance is caused by circumstances unique to the property, not created by the property owner, (c) the proposal will not alter the essential character of the locality. Staff reviewed the applicant’s justification for the wetland variance and finds the request meets the required findings to approve a variance. 1. Wetland buffer mitigation will improve the existing buffer with native plants and seed. Refer to the attached environmental review for additional comments. 2. The proposed development meets the intent of City ordinance standards in the North End Zoning District and is consistent with the goals of the Maplewood Comprehensive Plan. 3. The request is reasonable. Any future improvement on this site will require work within the wetland buffer, and the proposed development will significantly improve the stormwater and wetland buffer conditions of the site. 4. The existing conditions on this property are unique and not caused by the property owner. 5. Overall, the proposed building would complement the surrounding buildings without altering the essential character of the area. The surrounding area has established a mix of housing options, particularly to the west (Legacy Village). The proposed building would be the first redevelopment in the North End Zoning District, which will be unique to previous development patterns directly surrounding the Maplewood Mall. However, the ordinance established in this district is meant to change the historic development pattern in this area of the City. Early on, development staging is required to realize the community’s vision for this area. Department Comments Engineering – Jon Jarosch, Assistant City Engineer Please see the attached engineering review, dated November 2, 2022. 4 Environmental – Shann Finwall, Environmental Planner and Carole Gernes, Natural Resources Coordinator Please see the attached environmental review, dated November 22, 2022. Building – Randy Johnson, Building Official A demolition permit will need to be obtained prior to the removal of the existing Myth Nightclub building. The proposed new building is required to meet the minimum requirements of the Minnesota State Building Code. Accessible parking spaces and access aisles shall be provided in accordance with the Minnesota Accessibility Code Section 1106. Citizen Comments Staff sent a neighborhood survey and public hearing notice to the surrounding property owners within 500 feet of the proposed development. Staff did not receive any comments. Attachments: 1. Wetland Buffer Variance Resolution 2. Overview Map 3. 2040 Future Land Use Map 4. Zoning Map 5. Wetland Map 6. Site Plan 7. Building Elevations 8. Overall Landscape Plan 9. Wetland Buffer Landscape Plan 10. Basin Landscape Plan 11. Landscape Details 12. Tree Preservation Plan 13. Applicant’s Wetland Buffer Variance Narrative 14. Wetland Delineation Report 15. Applicant’s Response to the Initial November 3, 2022, Environmental Review 16. Engineering Review, dated November 2, 2022 17. Revised Environmental Review, dated November 21, 2022 5 Attachment 1 WETLAND BUFFER VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Patrick Brama, of Enclave Development, has requested approval for a 50-foot wetland buffer variance. 1.02 The property is located at 3090 Southlawn Drive and is legally described as: Parcel A: 022922220016 That part of the Northwest Quarter of Section 2, Township 29, Range 22, Ramsey County, Minnesota, lying West of Lot 3,Block 1, Maplewood Mall Addition, and lying Northerly of the following described line: Commencing at the Northwest corner of Lot 6, said Block 1; thence North 46 degrees 08 minutes 30 seconds East, assumed bearing, along the Northwesterly line of said Lot 6 a distance of 47.32 feet; thence Northeasterly 130.22 feet along said Northwesterly line on a tangential curve concave to the Southeast having a central angle of 5 degrees 10 minutes 06 seconds East and a radius of 1,443.54 feet; thence South 89 degrees 33 minutes 44 seconds West 132.86 feet to the West line of said Northwest Quarter; thence North 0 degrees 26 minutes 16 seconds West along said West line 731.18 feet to the point of beginning of the line to be herein described; thence South 89 degrees 32 minutes 06 seconds East parallel with the North line of said Northwest Quarter 508.59 feet to the West line of said Lot 3 and there terminating. Excepting therefrom the Southerly 190.85 feet of the above described property. Parcel B: 022922220017 The Southerly 190.85 feet of the above described property: That part of the Northwest Quarter of Section 2, Township 29, Range 22, Ramsey County, Minnesota, lying West of Lot 3, Block 1, Maplewood Mall Addition, and lying Northerly of the following described line: Commencing at the Northwest corner of Lot 6, said Block 1; thence North 46 degrees 08 minutes 30 seconds East, assumed bearing, along the Northwesterly line of said Lot 6 a distance of 47.32 feet; thence Northeasterly 130.22 feet along said Northwesterly line on a tangential curve concave to the Southeast having a central angle of 5 degrees 10 minutes 06 seconds East and a radius of 1,443.54 feet; thence South 89 degrees 33 minutes 44 seconds West 132.86 feet to the West line of said Northwest Quarter; thence North 0 degrees 26 minutes 16 seconds West along said West line 731.18 feet to the point of beginning of the line to be herein described; thence South 89 degrees 32 minutes 06 seconds East parallel with the North line of said Northwest Quarter 508.59 feet to the West line of said Lot 3 and there terminating. Ramsey County, Minnesota Abstract Property Section 2. Standards. Attachment 1 2.01 City Ordinance Section 18-221 (d) (1) requires a minimum buffer width of 50 feet from Manage C Wetlands where no building, grading, or mowing is permitted. 2.02 City Ordinance Section 18-221 (h) (1) provides procedures for granting a variance to the wetland ordinance requirements and refers to the state statute where a variance may be granted when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner; (3) the proposal will not alter the essential character of the locality. Section 3. Findings. 3.01 1. Wetland buffer mitigation will improve the existing buffer with native plants and seed. 2. The proposed development meets the intent of City ordinance standards in the North End Zoning District and is consistent with the goals of our comprehensive plan. 3. The request is reasonable. Any future improvement on this site will require work within the wetland buffer, and the proposed development will significantly improve the stormwater and wetland buffer conditions of the site. 4. The existing conditions on this property are unique and not caused by the property owner. 5. Overall, the proposed building would complement the surrounding buildings without altering the essential character of the area. The surrounding area has established a mix of housing options, particularly to the west (Legacy Village). The proposed building would be the first redevelopment in the North End Zoning District, which will be unique to previous development patterns directly surrounding the Maplewood Mall. However, the ordinance established in this district is meant to change the historic development pattern in this area of the City. Early on, development staging is required to realize the community’s vision for this area. Section 4. City Review Process 4.01 The City conducted the following review when considering this wetland buffer setback variance request. 1. On November 15, 2022, the Planning Commission held a public hearing. The City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 2 Attachment 1 2. On November 30, 2022, the Environmental and Natural Resources Commission reviewed the request. The Environmental and Natural Resources Commission recommended that the City Council ______ this resolution. 3. On December 12, 2022, the city council discussed this resolution. They considered reports and recommendations from the Planning Commission, Environmental and Natural Resources Commission, and City staff. Section 5. City Council Action. 5.01 The City Council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the applicant doing the following: 1. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated November 2, 2022. 2. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes, dated November 23, 2022. 3. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. __________ by the City Council of the City of Maplewood, Minnesota, on December 12, 2022. 3 Attachment 2 3090 Southlawn Drive North - Overview Map October 5, 2022 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Attachment 3 41:1!Tpvuimbxo!Esjwf!Opsui!.!Gvuvsf!Mboe!Vtf!Nbq Pdupcfs!6-!3133 Djuz!pg!Nbqmfxppe Mfhfoe ! I Gvuvsf!Mboe!Vtf!.!3151 Ijhi!Efotjuz!Sftjefoujbm Njyfe.Vtf!.!Dpnnvojuz Dpnnfsdjbm Qvcmjd0Jotujuvujpobm Fnqmpznfou Qbsl Q 1586 Gffu Tpvsdf;!Djuz!pg!Nbqmfxppe-!Sbntfz!Dpvouz Attachment 4 41:1!Tpvuimbxo!Esjwf!Opsui!.!\[pojoh!Nbq Pdupcfs!6-!3133 Djuz!pg!Nbqmfxppe Mfhfoe ! I \[pojoh Nvmujqmf!Exfmmjoh!)s4* Qmboofe!Voju!Efwfmpqnfou!)qve* Pqfo!Tqbdf0Qbsl Cvtjoftt!Dpnnfsdjbm!)cd* Opsui!Foe!)of* Q 1586 Gffu Tpvsdf;!Djuz!pg!Nbqmfxppe-!Sbntfz!Dpvouz Attachment 5 Xfumboe!Nbq Opwfncfs!33-!3133 Djuz!pg!Nbqmfxppe 29562956 2956 2866 2956 29:6 2956 2:16 2:26 2956 2996 29562956 2956 28:6 2881 2:11 2861 2888 2963 2861 2863 41:1 2861 2861 2861 4141 Mfhfoe ! I Xfumboet Nbobhf!B Nbobhf!D 4136 Qmbdf!Beesfttft 4112 4112 1411 4112 4112 4112 Gffu Tpvsdf;!Djuz!pg!Nbqmfxppe-!Sbntfz!Dpvouz 4112 4112 Attachment 6 Attachment 7 Attachment 7 Attachment 7 Attachment 7 Attachment 7 Attachment 7 Attachment 7 Attachment 8 Attachment 9 10 Attachment 11 Attachment 12 Attachment Attachment 13 October 24, 2022 City of Maplewood Members of the City Council, Planning Commission, and ENRC tn: Elizabeth Hammond & Shann Finwall At 1902 County Road B E Maplewood, MN 55109 Re: Redevelopment of the Myth Night Club Site Variance Application for Wetland Setback File 0037066.00 Dear Members of the City Council, Planning Commission, and ENRC: Please find the enclosed variance application related to the Chapter 18, Article V (Environmental Protection and Critical Area) Section 4(a), Minimum Wetland Buffers. The subject of this application is related to the pond located on the south side of the proposed development. Existing Conditions from the delineated wetland edge. A retaining wall north of the pond is in poor condition and in need of replacement due to structural instability. Existing vegetation is largely images. Regarding stormwater management, the existing site does not address water quality, rate, and volume of stormwater runoff prior to dischargeinto the pond. Runoff from the site currently discharges directly into the pond without any treatment. Proposed Improvements The proposed redevelopment project includes demolition of the existing structure and parking lot and construction of a residential apartment building. The proposed redevelopment improvements include a natural pedestrian corridor for public use and enjoyment south of the proposed building. This proposed accessible trail will feature overlook benches sourced from recycled materials, native pollinator plants and shrubs, and a tree canopy native to wetland ecosystems.Although this is on private property, signage will be provided to designate the trail for public use. elineated wetland edge. The development proposes to remove and replace the existing structurally unstable retaining comply with the Ramsey-Washington Metro Watershed District requirements. This the existing pavement and building and establish the area with native vegetation. TBPLS Firm No. 10074302 Attachment 13 ditionally, the remaining area between the resored native buffer and the building will be Adt established as the previously mentioned natural pedestrian corridor. The proposed redevelopment will significantly increase the wetland buffer setback width of the pond from existing conditions from an average o e proposed redevelopment also improves stormwater management on site with volume, Th ate, and quality improvements intended to meet watershed requirements prior to discharge r into the pond. These improvements significantly improve upon the existing conditions and will work towards improving water quality in the pond and flood management in the area. be implemented in the proposed redevelopment. Strategies to help mitigate climate concerns include installation of rooftop solar panels, electric vehicle charging stations, and proposed redevelopment improves the overallsite pervious surface coverage from approximately 8% to 39%, which helps mitigate the urban heat island effect. The proposed development intends to meet the requirements of the Ramsey-Washington ffer setback, and project review in process with the watershed. is Additional Information Regarding Development Process Based on historical imagery and existing piped stormwater discharge into the pond, Westwood (Civil Engineer representing the Developer) interpreted that the pond located on wetland buffer setback, which is consistent with existing site conditions. As part of the recent permit application at Ramsey-Washington County Watershed, the Watershed requested a wetland delineation to verify classification of the pond. Westwood was notified the Watershed classifies said pond as a results in the current proposed building layout not complying with City Code. Accordingly, enclosed is an application requesting a variance to allow for the building setback City CodeRequest Wetland Buffer Setback ditional Setback to Building Ad Gross Total Unique Characteristics of Site Development Based on the New North End Ordinance passed by the City this year, the new property owner (Developer) is required to dedicate approximately 14.3% of its site for City ROW which decreases the overall site buildable area.Additionally, the developer is proposing to TBPLS Firm No. 10074302 Attachment 13 site buildable area. The ability to place a building and include sufficient surface parking and circulation will becomeimpractical if additional buildable space is removed. Based on the New North End Ordinance passed by the City this year, the Developer rstands an emphasis exists for urban style development by placing buildings on the unde exterior of the site, within build-to zones, and covering as much frontage as possible. The developer interprets said design standards as an important component of the essential character of the locality. The developer has attempted to practically meet said design intent via the current pushing the southern building facade back from the pond would reduce building frontage along the west and east sides of the project. Additionally, the building is unable to makeup this potentially reduced side frontage by extending the building north due to safety concerns f the building encroaching into the sight line triangle at the intersection of County Rd D and o Southlawn Dr. Westwood has reviewed historical photos of the pond (area the pond currently sits). A 1940 aerial photo shows no ponding in the current location. Westwood believes this pond may have been initially the result of man-made farming runoff. As Maplewood was further loped, this pond took on water from significant areas of untreated impervious surface deve added nearby. han existing conditions, and slightly less than the designis in compliance with Watershed regulations. Westwood considers this approach as practical. Thank you for your consideration. Westwood and the Developer are available to answer questions and provide additional information. Sincerely, WESTWOOD PROFESSIONAL SERVICES Shari Ahrens, PE, LEED AP TBPLS Firm No. 10074302 Attachment 13 © 2022 Westwood Professional Services, Inc. Myth Maplewood Delineation Site Photograph WB-01 up P P •• •• •• •• •• •• •• •• Attachment 13 © 2022 Westwood Professional Services, Inc. Myth Maplewood Delineation Site Photograph WB-01 wet •• •• •• •• P •• •• •• P •• Attachment 13 © 2022 Westwood Professional Services, Inc. Myth Maplewood Delineation Site Photograph WB-01 wet •• •• •• •• P •• •• •• P •• Attachment 13 Image 1. Debris and invasive species within the existing buffer adjacent to the parking lot. Image 2. Crumbinginfrastructure and erosion along the existing parking lot creating safety hazards. TBPLS Firm No. 10074302 Attachment 13 Image 3. Existing building and parking lot along pond. Image 4. Existing building and sidewalk abutting pond. TBPLS Firm No. 10074302 13 Attachment 13 Attachment 13 Attachment Attachment 14 WETLAND DELINEATION REPORT MythMaplewood City of Maplewood,RamseyCounty, Minnesota AUGUST 31, 2022 PREPARED BY: PREPARED FOR: Attachment 14 Wetland Delineation Report Myth Maplewood City of Maplewood,RamseyCounty, Minnesota Prepared For:Prepared By: Enclave Development Westwood Professional Services, Inc. nd 1 2St N 12701 Whitewater Drive argo, ND 58102 Fuite 300 S Minnetonka, MN 55343 (952) 937-5150 Project Number: R0037066.00 Date: August 31, 2022 Attachment 14 Wetland Delineation Report | Myth Maplewood August 31, 2022 Table of Contents 1.0 Purpose...........................................................................................................1 2.0 Site Location and Description.........................................................................1 3.0 Field Delineation Methodology........................................................................1 3.1 Mapping.................................................................................................................................. 1 3.2 Offsite Hydrology Review ........................................................... Error! Bookmark not defined. 3.3 Field Work............................................................................................................................... 1 4.0 Results...........................................................................................................2 4.1 Mapping.................................................................................................................................. 2 4.2 Antecedent Precipitation ........................................................................................................ 2 4.3 Offsite Hydrology Review ........................................................... Error! Bookmark not defined. 4.4 On-Site Wetland Delineation Results ....................................................................................... 2 5.0 Conclusions....................................................................................................3 6.0 Certification...................................................................................................3 7.0 Literature Cited..............................................................................................4 Tables Table 4.1 Soil Summary Table..........................................................................................................2 Figures Figure 4.2: Antecedent Precipitation Tool V1.0 Graph.............Error! Bookmark not defined. Exhibits hibit 1: ject Location and USGS Topography ExPro Exhibit 2: Water Resources Exhibit 3: Soils Exhibit 4: Delineated Features & LiDAR Contours Appendices Appendix A: Wetland Delineation Data Forms Appendix B: Wetland Delineation Photographs iii| TBPLS Firm #10074302 Attachment 14 Wetland Delineation Report | Myth Maplewood August 31, 2022 1.0Purpose This report with the attached exhibits and appendices constitutes the wetland delineation report for the Myth Maplewoodproject, an approximately 2.1-acre area in the city of Maplewood,Ramsey County, Minnesota (PIN #022922220017). Ramsey-Washington MetroWDis the Local Governmental Unit (LGU) that administers the Minnesota Wetland Conservation Act (WCA) in this area. This report provides the required documentation for wetland boundary determinations in conformance with the United States Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987) and the Regional Supplement to the USACE Wetland Delineation Manual: Northcentral & Northeast Region(U.S. Army Corps of Engineers, 2010). The Joint Application Form for Activities Affecting Water Resources in Minnesota is included with the cover memo to this report. 2.0Site Location and Description The legal description of the site is located in the NW ¼ of the NE ¼ of Section 2, T29N, R22W, Maplewood,RamseyCounty, Minnesota (Exhibit 1). The property consists of an existing live music venue with an impervioussurfacedparking lot. A portion of an incidental stormwater pond exists on the property to the South. Various commercial businesses surround the Subject Property. Topography drops toward the stormwater pond to the South. 3.0Field Delineation Methodology 3.1Mapping Prior to delineating wetland boundaries in the field, the National Wetlands Inventory (NWI) mapping (Exhibit 2), the National Hydrography Dataset (NHD) (Exhibit 2), the Minnesota Department of Natural Resources (MN DNR) Public Waters and Wetlands Inventory(PWI) (Exhibit 2), the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) (Exhibit 2), and the Natural Resource Conservation Service (NRCS) Soil Survey Geographic database (SSURGO2) for RamseyCounty (Exhibit 3) were reviewed. Elevation mapping was completed using LiDAR contours from MnTOPO (Exhibit 4). 3.2Field Work The field delineation was conducted on August23, 2022, by a certified wetland professional from Westwood using a level two routine determination method set forth in the USACE Wetlands Delineation Manual and the supplemental methods set forth in the Regional Supplement to the USACE Wetland Delineation Manual: Northcentral and Northeast Region. Data forms from the delineation are included in Appendix A and photographs from the delineation are included in Appendix B. Wetlands, if present, were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine; 1971) and Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979). Common and scientific names for vegetation identified in this report and on the attached data forms generally correspond with the nomenclature used in the 2020 National Wetland Plant List (USACE 2021).Wetland boundaries were located using a Trimble GPS unit capable of sub-meter accuracy. 1| TBPLS Firm #10074302 Attachment 14 Wetland Delineation Report | Myth Maplewood August 31, 2022 4.0Results 4.1Mapping NWI data mapped one PUBHx wetland within the project boundary. An NHD waterbody was also mapped and corresponds to the NWI mapped wetland. No NHD flowlines, PWI watercourses or waterbodies were mapped within the project boundary. The NRCS SSURGO2 for Ramsey Countyindicates that the soils listed in Table 4.1are mapped within the Site (Exhibit 3). Based on the NRCS Web Soil Survey Hydric Rating, there is one soil unit classified as allhydric within the Delineation Area. ğĬƌĻ Ѝ͵Њ {ƚźƌ {ǒƒƒğƩǤ ğĬƌĻ Percent Hydric 122 Map Symbol Map Unit Name Rating 3 Soil hetek sandy loam, 62% slopesric 155C C-1 Non-hyd 0 342C Kingsley sandy loam, 6-12% slopes Non-hydric 0 861C Urban land-Kingsley complex, 3-15% slopes Non-hydric 0 1055 Aquolls and histosols, ponded All hydric 100 1 Soils determined using GIS geospatial query clipping the NRCS Soil Survey Geographic (SSURGO2) spatial data by Project boundaries. 2 As indicated in the SSURGO2 database. 3 Where percentages are small (e.g., < 15 %) the hydric soil is likely an inclusion that is not recognized in the map unit name. The bsence of a value does not necessarily indicate the absence of hydric soils, but that the relative percentages of included mnor ai oils have not been determined. s 4.2Antecedent Precipitation Antecedent precipitation data was evaluated for the 90 days prior to the site visit using the Antecedent Precipitation Tool (APT) developed by the USACE. Results from this data indicate antecedent precipitation was drier than normal prior to the field review. Figure 4.2constitutes the APT Tool results used to determine antecedent precipitation for 90 days prior to the delineation. 4.3On-Site Wetland Delineation Results OnAugust 23,2022,Westwood determined one wetland totaling 0.43acresis present on Site.A summaryofthe wetland sample pointcharacteristics isnoted below. A map showing the delineated wetland and sample point locationsisshown in Exhibit5. Data forms documenting wetland and upland characteristics areincludedin Appendix A. Photos of sample point locations are included in AppendixB. Wetland WB-01(0.43acres) is predominantly a Type 4, PUBHx, deep marsh urban stormwater pond that includes a Type 2, PEMB, wet meadow fringe. Species of hydrophytic vegetation that were sampled wereSandbar Willow (Salix interior), False Nutsedge (Cyperus strigosus), Lesser Duckweed (Lemna minor), Canadian Waterweed (Elodea canadensis) and Dock-leaved Smartweed (Persicaria lapathifolia). Hydrology indicators met A1 (Surface Water), A2 (High Water Table), A3 (Saturation), B7 (Inundation Visible on Aerial Imagery), B13 (Aquatic Fauna), C8 (Crayfish Burrows), D2 (Geomorphic Position) and D5 (Fac-Neutral Test). Hydric Soils met indicators A11 (Depleted Below Dark Surface), F3 (Depleted Matrix), F8 (Redox Depressions) and A16 (Coast Prairie Redox). 2| TBPLS Firm #10074302 Attachment 14 Wetland Delineation Report | Myth Maplewood August 31, 2022 5.0Conclusions Westwood determined one wetland totaling 0.43acresexists within the MythMaplewood Site. Westwood requests that the LGU and the USACE review and process this report with the provided Joint Application Form and provide written concurrence that the extent of potentially jurisdictional water resources have been accurately identified. Please consider this report a formal Wetland Boundary request pursuant to Minn. Rules 8420.0405 and the CWA. 6.0Certification I certify that, to the best of my knowledge and belief, the wetland delineation completed for this Site is consistent with current wetland delineation practices and guidelines. I have the specific qualifications, education, training, and experience to complete wetland delineations and determinations in accordance with federal and state requirements. Sincerely, WESTWOOD PROFESSIONAL SERVICES, INC. Chris Mjoness Environmental Scientist MN Certified Wetland Delineator No. 5305 3| TBPLS Firm #10074302 Attachment 14 Wetland Delineation Report | Myth Maplewood August 31, 2022 7.0Literature Cited Cowardin, L.M., V.M. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, Biological Services Program, Washington, DC, USA. FWS/OBS-79/31. 103pp. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin.2018. The National Wetland Plant List: 2018 wetland ratings.Federal Register: 1-17.Published 18 May 2020.ISSN 2153 733X. Shaw, S.P. and C.G. Fredine. 1971. Wetlands of the United States. U.S. Fish and Wildlife Circular 39. U.S. Department of the Interior, Washington, D.C. 67 pp. U. S. Army Corps of Engineers.2022.Antecedent Precipitation Tool V1.0. Joseph L. Gutenson and Jason C. Deters. https://erdc-library.erdc.dren.mil/jspui/bitstream/11681/43160/3/ERDC- TN%20WRAP-22-1.pdf U.S. Army Corps of Engineers. 2021.2020 Update of National Wetland Plant List(NWPL) https://cwbi- pp.sec.usace.army.mil/nwpl_static/data/DOC/lists_2020/National/National_2020v1.pdf a U.S. Army Corps of Engineers, St. Paul District and Minnesota Board of Water and Soils Resources. 2016. Guidance for Offsite Hydrology/Wetland Determinations. . S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland U Delineation Manual: Midwest Region, ed. J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR-10-16. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture, Natural Resources Conservation Service, 2018. Field Indicators of Hydric Soils in the United States, Version 8.2. G.W. Hurt, and J.F. Berkowitz (eds.). USDA NRCS, in cooperation with the National Technical Committee for Hydric oils. S 4| TBPLS Firm #10074302 Attachment 14 Exhibits MythMaplewood City of Maplewood,RamseyCounty, Minnesota 14 Attachment Attachment 15 November11, 2022 Elizabeth Hammond, Shann Finwall City of Maplewood 1830 County Road B E Maplewood, MN 55109 RE:Enclave Development Environmental Review City of Maplewood, MN To Whom It May Concern: Westwood Professional Services, Inc., received the review comments via email from the City of Maplewoodon 11/07/2022 regarding the LandscapePlandated 10/24/2022 and the Tree Preservation Plan submitted 09/28/2022 for Maplewood Enclave Apartments. We have addressed these comments.Inred below are our responses. ƩĻĻƭ 1.Tree Preservation Ordinance: a. tree as a healthy tree of the following size: hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. RESPONSE: Noted. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species that is 28 inches in diameter or greater. RESPONSE: Noted. c.Tree Replacement: If greater than 20 percent of significant trees are removed, tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. If less than 20 percent of significant trees are removed, tree replacement is based on a calculation of one 2-caliper inch replacement tree per significant tree removed. RESPONSE: Noted. d.Tree Replacement: The tree standards require that as many replacement trees be of $60 per caliper inch for trees that cannot be planted on site. The City uses the tree fund to manage trees in parks and within the right-of-way.RESPONSE: Noted. 2.Tree Impacts: The tree plan identifies 52 trees on the site. Eight of those trees are located on the property to the east within the shared parking lot area. Of the remaining trees, the following do not qualify as significant trees: 7due to size, 1 invasive Siberian Elm, and 18 dead ash trees. The remaining 18 trees are identified as significant trees totaling 138.5 Attachment 15 caliper inches. Development of the site will include the removal of all 18 significant trees (100 percent). RESPONSE: Noted. 3.Tree Replacement: The landscape plan shows 42 new trees, totaling 105 caliper inches of replacement trees. This is 61 caliper inches less than City code requires. RESPONSE: Noted, updated landscape plan shows a deficiency of 46 caliper inches. Payment to tree fund of $2,760 will be made.See Sheet L100 4.Tr ee Recommendations: a.Prior to issuance of a grading permit, the applicant must submit the following: 1)Revised Tree Preservation Plan showing: a)Revised tree preservation/mitigation summary showing the correct number of significant trees on the site (removing trees on the adjacent lot, trees that are not 5 caliper inches or larger, Siberian elm invasive species, and dead ash trees). RESPONSE: Revised tree preservation plan has been submitted. b)Preservation of the 8.5 caliper inch ash tree located on the eastern property (tree #22); or a statement from the adjacent property owner that they approve of the tree removal and the replacement of one 2-caliper inch tree on their site. RESPONSE: Thetree in discussion has been indicated as preserved. 2)Tree Protection Plan: The plan should show how the trees located on the adjacent eastern property (within the shared parking lot area) will be RESPONSE: The Tree Preservation Plan has beenupdated to show protection on the preserved trees. 3)Escrow: The applicant must submit a tree escrow in the amount of $60 per caliper inch of trees to be replaced on the site. The escrow will be released once the trees are planted with a one-year warranty. Noted, escrow will be submitted at a later date. 4)Revised Landscape Plan: The revised plan must identify 105 caliper inches of additional tree replacement. Alternatively, the applicant must pay into the RESPONSE: the revised landscape plan shows a 46caliper inches. 5)Tree fund: The applicants must submita tree fund payment in the amount of $60 per caliper inch of replacement tree that cannot be planted on site. Since 105 caliper inches of trees are proposed to be planted on the site, the ches of required tree replacement 105 caliper inches of trees planted on the site = 61 caliper inches of trees not planted on the site x $60 = $3,660). RESPONSE: Payment of $2,760 to be made to tree fund (46caliper inches deficiency x $60= $2,760) Attachment 15 ĻƷƌğƓķ 1.Wetlan-foot minimum buffer be maintained around a Manage C wetland. No mowing, grading, or building is allowed within the buffer. RESPONSE: Noted. 2.Wetland Buffer Impacts: There is a Manage C wetland located on the south side of the property (50-foot buffer required). RESPONSE: Noted. The existing Myth structure, sidewalk, and surface parking have an approximate setback of 3 to 11 feet from the wetland. Additionally, there is a retaining wall along the edge of the wetland. There is no green space between the development and the wetland. In order to proceed with the project, the structure, sidewalk, and surface parking lot will be removed and the retaining wall will be reconstructed due to structural instability. The building will be constructed with an average setback of 42.9 feet to the wetland and the sidewalk on the south side of the building will come to within 25 feet of the wetland. The applicants are proposing to plant native trees, shrubs, and seed within the 25 feet of green space between the sidewalk and the wetland. Inorder to remove the existing building, sidewalk, surface parking lot, and retaining wall the applicants must grade up to the wetland, which will require a 50-foot wetland buffer variance. 3.Wetland Buffer Recommendations: a.Prior to issuance of a grading permit the applicant must: 1)Submit a wetland buffer mitigation plan as follows: a)Native Plugs: Include native plugs to be installed within the 25- foot re-established wetland buffer. Currently the landscape plan identifies a pollinator seed mix. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. The applicants should plant all plugs, or a mix of plugs and native seed mix in this area. RESPONSE: mix of plugs and overseeding to assist in quick establishment and reduce erosion. The remaining portions to be seeded. b)Seed Mix: 1.Provide information on the percentages and species of native seed mix.RESPONSE: See sheet L102 Wetland Buffer Mitigation Planfor the seed mix data sheet. 2.Provide information on the maintenance required for the planting year, and years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on Attachment 15 the responsibility. RESPONSE: See sheet L102 for maintenance info. Further information to be providedat a later date. c)Wetland Buffer Signs: Identify on the wetland buffer mitigation plan the location of wetland buffer signs. The City of Maplewood supplies wetland buffer signs identifying that no building, mowing, or grading should take place within the buffer. There is a $35 fee per sign. The applicant must install the signs at the newly established wetland buffer edge (25 feet). The signs should be placed every 100 feet at a minimum. RESPONSE: Noted, locations for six wetland buffer signs are shown on revised plans. d)Public Trail Sign: Identify on the plan the location of two public trail signs to be installed at the entrances to the trail (along Southlawn Drive and County Road D). The City of Maplewood supplies the public trail sign. There is a $35 fee per sign. RESPONSE: Noted, locations for two public trail signs are shown on revised plans. e)Bench Overlook: Identify on the plan the location of a bench overlooking the wetland along the south trail. The bench will allow pedestrians on the trail an opportunity to sit and enjoy the newly established wetland buffer. In addition to the bench, the overlook could incorporate boulders, rocks, and native plants. RESPONSE: Noted, locations for three overlook benches are shown on revised plans in addition to landscaping in the surrounding area. 2)Install the wetland buffer signs. RESPONSE: Noted, signs will be installed after existing structure is removed and restorative grading has been completed. 3)Sign a wetland buffer mitigation and maintenance agreement with the City requiring that the applicant establish and maintain the required mitigation within the buffer for a three- year period. The City of Maplewood will draft the maintenance agreement oncethe wetland buffer mitigation plan is complete. RESPONSE: Noted, maintenance agreement will be completed with the City at a later date. 4)Submit a cash escrow or letter of credit to cover 150 percent of the wetland buffer mitigation. The City will retain the escrow for up to three years as outlined in the maintenance agreement to ensure the wetland buffer mitigation is established and maintained. RESPONSE: Noted. LƓŅźƌƷƩğƷźƚƓ .ğƭźƓƭ 1.Infiltration Basins Proposed: There is a small infiltration basin proposed in the interior of the lot (Basin A) and a large infiltration basin proposed on the southwest corner of the lot (Basin B). RESPONSE: Noted. To clarify Basin A is an underground system and Basin B is above ground. 2.City Infiltration Basin Planting Requirements: Large infiltration basins will ideally be planted with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a Attachment 15 better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. RESPONSE:Noted. The proposed Basin A is an underground system that will not involve planting or seeding.See sheet L101 for an enlargement of planting and seeding information. 3.Infiltration Basin Recommendations: a.Provide a detailed landscape plan for the two infiltration basins, including a list of sp ecies, container size, spacing, and quantities to be approved by City staff. RESPONSE: A detailed landscape plan is provided for Basin B. Basin A is an underground chamber system and does not involve landscaping. b.For any area using a native seed mix provide information on maintenance for planting year and growing years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take onthis responsibility.RESPONSE: Noted. See sheet L101 for required maintenance. Further information to be providedat a later date. c.Sign an infiltration basin maintenance agreement with the City requiring that the applicant establish and maintain the infiltration basin plantings for a three-year period. The City of Maplewood will draft the maintenance agreement once the infiltration basin planting plan is complete. RESPONSE: Noted, maintenance agreement will be completed with the City at a later date. hǝĻƩğƌƌ \[ğƓķƭĭğƦźƓŭ Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. L andscaping Recommendation: The tree and plant species proposed meet the The applicant must submit a detailed seed mix plan for review. RESPONSE: Noted, see sheets L101 and L102 for seed mix information. DƩĻĻƓ .ǒźƌķźƓŭ /ƚķĻ The Green Building Code applies to Maplewood owned and financed buildings. The goal of the Green Building Code is to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The Enclave apartment building must comply with the Green Building Code and ensure sections in the Code are 2 complete including 1) energy conservation, efficiency, and COemission reductions; and 2) material resource conservation and efficiency standards. RESPONSE: Noted. {ƚƌźķ ğƭƷĻ hƩķźƓğƓĭĻ All multi- contracts with Tennis Sanitation for multi-family recycling. Tennis Sanitation supplies 95-gallon Attachment 15 recycling carts or recycling dumpsters collected weekly. The City of Maplewood adds the recycling fee onto the water bill. Prior to Certificate of Occupancy, the applicant must ensure recycling RESPONSE: Noted. Attachment 16 Engineering Plan Review PROJECT: Enclave Apartments (Myth Site Redevelopment) 3090 Southlawn Drive PROJECT NO: 22-30 COMMENTS BY: Jon Jarosch, P.E. – Assistant CityEngineer DATE: 11-2-2022 PLAN SET: Civil plans dated 9-23-2022 REPORTS: Stormwater Management Plan dated 9-26-2022 Traffic Impact Analysis dated 9-24-2022 Geotechnical Report dated 9-6-2022 Uif!bqqmjdbou!jt!tffljoh!djuz!bqqspwbm!up!efnpmjti!uif!fyjtujoh!Nzui!Ojhiudmvc!cvjmejoh!boe! bttpdjbufe!tjuf!bnfojujftjo!psefs!up!dpotusvdu!b!qspqptfe!5.tupsz!bqbsunfou!dpnqmfy/!Uif bqqmjdbou!jt!sfrvftujoh!b!sfwjfxpg!uif!dvssfou!eftjho/ !! Uif!bnpvou!pg!ejtuvscbodf!po!uijt!tjuf!jt!hsfbufs!uibo!¾bdsf/!Bt!tvdi-uif!bqqmjdboujt!sfrvjsfe up!nffu!uif!Djuzt!tupsnxbufs!rvbmjuz-!sbuf!dpouspm-!boe!puifs!tupsnxbufs!nbobhfnfou sfrvjsfnfout/Uif!bqqmjdbou!jt!qspqptjoh!up!nffu!uiftf!sfrvjsfnfout!wjb!uif!vtf!pg!bo voefshspvoe!jogjmusbujpo!tztufn!boe!bojogjmusbujpo!cbtjo/!! 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Attachment 17 Environmental Review Project: Enclave Development Date of Plans: Revised Landscape and Tree Preservation Plans (November 11, 2022) Date of Review: November 22, 2022 Location: 3090 Southlawn Drive North Reviewer: Shann Finwall, Environmental Planner 651-249-2304, shann.finwall@maplewoodmn.gov Carole Gernes, Natural Resources Coordinator 651-249-2416, carole.gernes@maplewoodmn.gov Project Background: The applicant proposes to redevelop the Myth Nightclub site at 3090 Southlawn Drive with a 241-unit, 4-story, market-rate apartment building. The applicants must comply with the City’s tree, wetland, solid waste, and green building ordinances and meet all landscape policies. Trees 1. Tree Preservation Ordinance: a. Significant Trees: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree of the following size: hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b. Specimen Trees: A specimen tree is defined as a healthy tree of any species that is 28 inches in diameter or greater. c. Tree Replacement: If greater than 20 percent of significant trees are removed, tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. If less than 20 percent of significant trees are removed, tree replacement is based on a calculation of one 2-caliper inch replacement tree per significant tree removed. d. Tree Replacement: The tree standards require that as many replacement trees be planted on the site as possible. An applicant can pay into the City’s tree fund at a rate of $60 per caliper inch for trees that cannot be planted on site. The City uses the tree fund to manage trees in parks and right-of-ways, and subsidize the annual resident tree sale. 2. Tree Impacts: There are 43 trees on the site, 15 of those trees are considered significant trees, for a total of 131.5 caliper inches of significant trees on the site. Development of the site will include the removal of all trees, including the 15 significant trees (100 percent). City code requires 157.8 caliper inches of replacement trees. Attachment 17 3.Tree Replacement:The landscape plan shows 42 new trees, totaling 109 caliper inches of replacement trees. This is 48.8 caliper inches less than City code requires. 4. Tree Recommendations: a. Prior to issuance of a grading permit, the applicant must submit the following: 1) Revised Landscape Plan: The revised plan should show an additional 48.8 caliper inches of replacement trees. Alternatively, the applicant can pay into the City’s tree fund (see below). 2) Escrow: The applicant must submit a tree escrow in the amount of $60 per caliper inch of trees to be replaced on the site. The escrow will be released once the trees are planted with a one-year warranty. 3) Tree Fund: The applicants must submit a tree fund payment in the amount of $60 per caliper inch of replacement tree that cannot be planted on site. Since 109 caliper inches of trees are proposed to be planted on the site, the applicants would owe the City’s tree fund $3,660 (157.8 caliper inches of required tree replacement – 109 caliper inches of trees planted on the site = 48.8 caliper inches of trees not planted on the site x $60 = $2,928). Wetland 1. Wetland Ordinance: The City’s wetland ordinance requires a 50-foot minimum buffer be maintained around a Manage C wetland. No mowing, grading, or building is allowed within the buffer. 2. Wetland Buffer Impacts: There is a Manage C wetland located on the south side of the property (50-foot buffer required). The existing Myth structure, sidewalk, and surface parking have an approximate setback of 3 to 11 feet from the wetland. Additionally, there is a retaining wall along the edge of the wetland. There is no green space between the development and the wetland. In order to proceed with the project, the structure, sidewalk, and surface parking lot will be removed and the retaining wall will be reconstructed due to structural instability. Because there will be grading to the edge of the wetland for this work, the project will require a 50-foot wetland buffer variance. The building will be constructed with an average setback of 42.9 feet to the wetland and the trail on the south side of the building will come to within 25 feet of the wetland. The applicants are proposing to plant native trees, shrubs, and seed within the 25 feet of green space between the wetland/retaining wall and the trail. 3. Wetland Buffer Recommendations: a. Prior to issuance of a grading permit the applicant must: 1) Submit a wetland buffer mitigation plan as follows: 2 Attachment 17 a) Native Buffer: Extension of the proposed 10-foot wide wetland buffer native plant plugs and seed mix to within 5 feet of the sidewalk, for an approximate native buffer of 15 feet. b) Planting Table: Update the wetland buffer native planting table to identify the quantity of each native plant plug species. c) Bench Plans: Detailed bench plans showing the locations, style, installation, and hard surface landscape plan to include boulders or rocks and native plants along the south side of the benches. 2) Sign a wetland buffer mitigation and maintenance agreement with the City requiring that the applicant establish and maintain the required mitigation within the buffer for a three-year period. The City of Maplewood will draft the maintenance agreement once the wetland buffer mitigation plan is complete. 3) Submit a cash escrow or letter of credit to cover 150 percent of the wetland buffer mitigation. The City will retain the escrow for up to three years as outlined in the maintenance agreement to ensure the wetland buffer mitigation is established and maintained. Infiltration Basin 1. Infiltration Basins Proposed: There is an infiltration basin proposed on the southwest corner of the lot (Basin B). 2. City Infiltration Basin Planting Requirements: Large infiltration basins will ideally be planted with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. 3. Infiltration Basin Recommendations: a. Prior to issuance of a grading permit the applicant must: 1) Submit a revised infiltration basin planting plan as follows: a) Slopes: The slopes of the infiltration basin are proposed to be seeded and plugs are indicated only for the basin bottom. Plugs should also be planted on the slopes to allow for faster root growth, reducing the possibility of erosion. b) Native Plug Quantity: Identify the quantity of the native plugs proposed. 2) Sign an infiltration basin maintenance agreement with the City requiring that the applicant establish and maintain the infiltration basin plantings for a three-year period. The City of Maplewood will draft the maintenance agreement once the infiltration basin planting plan is complete. 3 Attachment 17 Overall Landscaping Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. Landscaping Recommendation: a. Prior to issuance of a grading permit the applicant must: 1) Submit a revised landscape plan and landscape detail as follows: a) Nonnative/Invasive Species: Work with staff to ensure all nonnative and invasive species are replaced. b) Planting Details: Work with staff to ensure all planting and maintenance details meet the City’s landscape policies. Green Building Code The Green Building Code applies to Maplewood owned and financed buildings. The goal of the Green Building Code is to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The Enclave apartment building must comply with the Green Building Code and ensure sections 2 in the Code are complete including 1) energy conservation, efficiency, and CO emission reductions; and 2) material resource conservation and efficiency standards. Solid Waste Ordinance All multi-family properties are included in the City’s recycling program. The City of Maplewood contracts with Tennis Sanitation for multi-family recycling. Tennis Sanitation supplies 95-gallon recycling carts or recycling dumpsters collected weekly. The City of Maplewood adds the recycling fee onto the water bill. Prior to Certificate of Occupancy, the applicant must ensure recycling service is set up through the City’s recycling program. 4